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<br />WITNESS our hands and seals this 21s t . , day of April 1919.
<br />NEW AMSTERDAM CASUALTY CO,,
<br />BY W . G . ELLIOTT
<br />Agent & Attorney in fact.
<br />T��x3���4[x���tx��p�c�ex��kx:�3��xY�c�tx�ts�gx x��►��$x����sc'
<br />THE WESTERN C ONS TR UC TION, C OMPANY.
<br />FRET) RA.NKERT, . Pres
<br />The above bond approved this 29th . , day of Apr it 1919•.
<br />G. A. ELLIOTT
<br />'JOHN F . DEH- VEN
<br />Board of Public Works -
<br />PUBLIC IMPROVEMENT CONTRAct.
<br />• THIS AGREF DENT, Made and entered into this 29th., day of April 1919
<br />by and between The Western C ons-truct ion Company of the County of .St. Joseph, states
<br />of Ind iana, (here i.na.fter referred to as the " Contractor"), and -the C ity of South Bend
<br />in the County of -St. Joseph, and State of Indiana, by and through its Board'of Public
<br />Works, ( Here iiietter referred to as the " City"),, under and by virtue of an Act; of
<br />the general.. assembly ef the State of IndIana, entitled " Ari Act Concerning Municipal
<br />Corporations, " approved March 6,1905, and all zat amendatory and supplemental acts
<br />thereto.
<br />Witness6th,, that the contracto covenants and agrees to construct
<br />pavement on Monroe Street, River Avenue, Arch Street and Edgewater Drive, in Edgewater
<br />Place Addition, in the City of South Bend, 'Ind ianai at anf for the following pr ices• --
<br />4800 lin. ft. of curbing per lip ft.................... .30
<br />1391 cu. yds.* of grading per cu. yd.................... .60
<br />19500 sq. ft. of sidewalk per sq. ft..................... .15
<br />68 lin. feet of marginal curb, per lin ft.... ....-..... .°. .20
<br />7200 sq. yds . of Trinidad hake Asphalt par sq. yd....... 2.28
<br />64 sq. yds. of brick pavement .relaid, per sq. ,yd......... 1.10
<br />and to perform all work ih the prosecution of -said improvement undcrand
<br />.a<C`QrdiA9 to the terms and cs®r:
<br />ditioits of Improvement Resolution. Ne. , , ., adopted fijr the`Board . d. tNl kirks
<br />and the plans, profile axed' sptc-i tfons. on ft e. th-Ih�e afffc- of -the Departmeai of PWIl or cs _ Bch s d
<br />resohition, plans,,
<br />l?rofile and s1pecifications, are made, a part: hereof as fully and efl`eetuartty- a.s if copied and
<br />set oul herein at ft li ten th. :
<br />�h•e contractor further expres0v tcavrRatft anti: tgr-eas.tfiat in the• p"ecutjon of. sgid'Fwork all proper
<br />sitzia ;,t,<i care =:l be e�.;rc sA• ; tr ' he `I o*► ._ - :;:�� p-:-,•-c` at1 ex, avat:o»s;arcfi rIaa erous_plaees
<br />aY4fl'„ to lief: 111 (�i*� 4 .(t n'r �ynr r, i ti71 to or i7� at mill -o .ry person rr �. art i �
<br />p p y ; t?rar in the 'event Qf
<br />any iti1Y ry or dzm.-ae
<br />resrl t, ;*roan t°, •., �r ,; :,1 ' 1 7tit'a y *^1 r er tiling cor n",tr
<br />4. there.,kitIt or
<br />arising therefrom, to any pPr. '%0-Q t+.roperty, b :: �1 nav aid ho_zidate the same at his _ov M,=. Vtnse, and -as -
<br />surge -the liability theraioV, =— c i?i We'' of any HainOr'claims being made or. -any zetiong ohs. being
<br />brought aga,n-A the city by reasou- or on: account of. or growing out of said:work..or its coup t tiptiox lie said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered there"r,_ aii4 will in
<br />all respects fully indemnify and save harmless- said -city, its-, officers, agents, or represerstattivres €ram= aEIY cost,
<br />expense, payment or judgment reeoverted in eonnectiolr with suchz claim or claims, action or actions And if
<br />-within ten days after any such action is begun,. the city shall --notify the contractor of -tree pendency thereof,,
<br />then any judgment rendered against the city shall -be conclusive against the. eontsoictor and -agaimt the surety
<br />®n his_ construction bond, as to tl- mount, liability and ether matters pertaining thereto,
<br />And the contractor agrees t, maintain sand 1`11:;r ; ;,:,rent a:,6
<br />the period and in the manner as fixed by the snPci'tcat*c-ns, and to secure r,;e maintenance a:. }
<br />to file with the Board of Public Works a bond ;lith sufficient surety ±herco n and is an amot:nt
<br />specifications. And in doing such repair work the contractor and the surety on hi &ruara;ftze f:c,,, r
<br />subject to the same liability to the city and any other person for any injury e,r darnkve to any ;
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragrarh cove.__:
<br />struction 'wofk. -
<br />And it is further agreed by and befween said parties that the acceptance of the Work pro-;i�!e 1 for i
<br />contract., or the pays ent th _reof, snail not constitute a waiver on the part of the city of 4ny r til" pr ;•, _,
<br />ion of this: contract, nor shall it release said contractor or the sureties on his bond for the fai:;:,ft1+ ice .tnere.of ; :=ar shall the acceptance be prima facie evidence of the performance of _ny provision of tii, contract, "Tt to th- e-.te nt of entitling the contractor to the contract price therefor.
<br />i he contractor agrees to pay for all labor and materials used or furnished to be used in the making, u: such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve oat of any allowance made on any estimate
<br />iti fa.vO= OIL ti�-c contractor or ` Issigns, or out of the amount due him or his assigns ul3on the completion
<br />of *he rc r;, so mu,-'h as m, _essary to pay all laborers or material men for amounts due them for
<br />work done or materials use.-- arnished to be used -in file performance of thus contract and the doing of
<br />said w.,; i-., a. d the ::punt, i.. 4, er, acting as city treasu;er, may retain money eo ecied. fQom property
<br />owners assess::d for said improvement.to pay such debts or urrdl the contractor
<br />id or satidhows°-that they have been
<br />maid
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