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<br />------------------------------------- ------------ _----------------------------------------------------------- shall faithfully comply with the foregoing contract,
<br />made and emteretl inter ------------ da. of------ ------------14A_ `-_JR? • A 19
<br />with the City of South Dcrd, Indiana and shall ftaill all the conditions and stipulations therein contained
<br />accoMing to! t°he ?ue'hit flt-'. 4ea . °r�'th 'reof; in`all`res,--ts, then this obligation to be void, otherwise
<br />to bq, and rernain.iri.f-all force. .nd.v:r.. �.i _law.` ?n the. ever_ the said City- s'_hall -extend the time for th-
<br />completion. of said work, such e s'on shall 'not in any way release the sureties on this bond.
<br />This :shall be a construction bond, and the sureties on the same shall not be held responsible for the
<br />,maintenance and repair of the improvement after it h's been acceptcd by the second oa.rty, but such sureties
<br />shall be held responsible for the fai.t'4ul compliance with All other conditions, stipulations and requirements
<br />covered by or set out in the contr- cA.
<br />d seals 11i Qth... •---• * of---. ...:....-._...dune_-.7 920..,,.
<br />A�UIER ' 'Y 0 -P ,
<br />Y OF NEW YORK
<br />-- SEAL) ...FO$ 3cROACH
<br />O .I ACN
<br />t
<br />Attt��.��-�� 9H, A- i a ra� �d.��s>: 011 �
<br />�eS: 5s'fitant. earetar
<br />the above bond approved this.•• � k,� .... c , ," C.f . _ .Tli11e 102 O i
<br />•
<br />---- G. .....ELLIOTT
<br />--•• . 1._----------- ------ --------- ---- ----
<br />Board. of Pnhtic Wo--1
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Ag.reament, Made and entered into this 5th. day of June 1920.
<br />by and between The W#.Ze Construction Company of the County of U-i:lwaukee,
<br />State of Wisensin, (hereinafter referred to as the " Contractor"), and the
<br />City of South.-' Bend, in the County of St. Joseph, and State of Indiana, by and
<br />through its Board of Public Works, (hereinafter referred to as the " City") $
<br />under and` by virtue of an Act of the General Assembly of the State of Indieng,
<br />entitled " An Act Concerning Municipal Corporations, " approved March 6,
<br />1905,. and all amendatofy and supplemental acts thereto:-
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />Trinidad Natural Lake Sheet Asphalt pavement on Donald Street from Miami
<br />Street to East line of high Street, in the City of South Bend, Indiana.
<br />at and for the following prices: -
<br />214 lin. feet .of marginal curb 4 X 12 per lin ft............40-
<br />�1233 eu. ,,yds-. of grading per cu. yd...................... . . 1.25
<br />12 storm grates, each............................... ......16.00
<br />341 lin. feet of-8 inch conduit pipe, per lin it.......... 1. 25
<br />10 inlets reset, -each .................................,.. 3.00
<br />3 manholes reset, each ...........................,...... 3.00
<br />4261- sq : yds. of Tr inidad Natural Lake Sheet Asphalt
<br />per sq. yd............... 3.98
<br />and to perior a alf ward i fi prosecution ff saI4 improvement cinder aend:sccorcriuX s the, terms and con-
<br />ditions of kmprovernent'Resplve n W& 750 __ aeivpt by -die Beard ofYublic Works_ March 24th. lyfl
<br />and the platiis, profile a?idvns arrfie i+r the offiice- of a I)epa.: tment of Public Works, Ala+ch said
<br />resolution, plansi pr cationsard made a part berleof as fully and effectually as if copied and
<br />set .outherein at full lengthti
<br />>,e contractor further expressly covenants .and agrees that in the prosecution of said- work alt prop: r
<br />skill a= d care ="I be exercise;l; that he --7=11 p-ope:'v - -�� and I ro'-^ct all excavations ar.d dangerous PTa`'^s,
<br />aria <<:,:i use all due and p-opeF precaution -to prevan t in ury to any person or pro-
<br />zr y; t1hat { ,
<br />any injury or dnrm;e r.,sulti:-g from tl— wor': or resuitirg fr,)m a.-y-r-itter or thine, of
<br />arising therefrom, to any perso-i or 11roperty, he v.,ll nay and liq,,lidate the same at his -own e cpArisA, aY�
<br />sume the liability therefor - and in -the event of any claim or ciaiins being made or any action c- act;onS f,
<br />bro-tght, aga-�ntst the city by reason or on account of or grolving out of ---.:d vrork or its e^r tr coon,. s d
<br />contractor will at his own expense defend the same; and will pay any judgment recover-d therein,
<br />all respects -fully iademnify and save harmless said city, its officers, agents or representatives irom a'� ->
<br />expegse;_payment or judgment recovered in connection with such claim or clairns, action or actions. b:
<br />w'thin ten days after any such action is begnn, the city shall notify the contractor of t:-,- uerA-. - cv t ,
<br />ffien any jud -ment rendered against the city shall be conch*sivelaga.irst t1-ie contractor and against the
<br />can his construction bond, as to tb - 3mountr liability and other matters pertaining thereto.
<br />And the contractor agrees to $iaintain said it u;rovement aLd rnahe such repairs as may Be necessary
<br />the period and in the manner as fixed by the specifications,- and to secure t to t<naintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an a
<br />,noun i ;3s fixed by the
<br />specifications. And .in doing such repair work the contractor And the surety on his guarantee bond shall be
<br />subject to the sar_ie liability to the city and any other person fob any injury or damage to any pers >n or prop-
<br />erty in the same manner and to the same extent as is fixed in tiie last preceding paragraph covering the coa-
<br />struction work.
<br />And it is further agreed by and between said parties that the aces tance of the work provided for i•, i1 ,s
<br />Contract, or the payment thereof, sliall not constitute a waiver on the part of the city of any of the pA,>_::;
<br />iot.s of this contract, nor s_ha_ll it r�l?a3e said contractor or the sureties on his bond for the faithful pea
<br />auce thereof; nor -s aTl the acceptance be prima facie evidence of the performance of any provision of I.,
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the iila.lr , s o
<br />such improvemer-t and in the performance of this contract, wiethel done or furnished for hirn, of his ergs! t,
<br />&a�i�+F1Ce, Successor or suUcontractor; and the city may reserve out of any allowance made on any estirn=it? in favor of the contractor or t assigns, or out of the amount due him or his assigns upon the completior:r of fhe work, so much as ma_ cessary to pay all laborers or xnateriai' men for atnounts due them, for
<br />Work .done or materials user or Burnished to be used in the performance of this egtitraci and the doiaig
<br />said wor.�, and the county trcas�:rer, acting as city treasurer, rf.ay retain utotxcy Colt _fed from property
<br />ownhiders satisfied for said improvement -to jay such debts or p,i ii the cori.i;c.(t«g' . p.y� that they have l cn
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