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530,
<br />Witllesseth, 'tbat the contreetorccoavenants atttt agrees to construct
<br />pipe sewer on Sancome Avenue -from Llnedln : V'ay Wes ► to . La Pb rte Avenue, under
<br />improvement Resolution No. 1216 in the City -vf South B-enct, Indiana at -dud for
<br />r
<br />the following prices"
<br />315 ]i.in, ft. of 10" pipe per lin ft. $3.20
<br />108 lin. ft. of 6" pipe per lin ft. 1.00'
<br />12 lin. ft.. of manholes per fin ft, 8.00
<br />1 manhole curb and cover, each 18.00
<br />.and to perform all work in ttie prosecution of said improvement tinder and according to the tema 4Wtaut,
<br />ditions of Improvement Resokution No, , adopted by the Board of public Works.,, s . 3 -
<br />P _12i�a.:,....,- June 5 1 2
<br />and the plans, profile and specifications on file in the oflice of the Department of Public Works, which sal
<br />resolution, plans, profile and -specifications, are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care t->i`ll be exercised; trst•he - ri4ll -oo �> - �r.t,.a= d p-af-ect. a l excavations and dangerous places;
<br />and t ill use all due and proper precantiol tc 'Drevz,,it tnIury ro .ry person or ,pro^arty; that in the event, (,)f
<br />any injury or damage reaulemg from the .r - cr resytlti r from asiv matter or thing connected therewith or
<br />arising therefrom, to any pers^n or property, he �=-;11 oav'ar`n liquidate the same at his own expense, and as -
<br />sumo the liability therefor . and in the event of any claim or claims being made or any action dr act dns being
<br />broGtght against the city by reason or on account of or growing out of s-.id workk or its construction. the said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmlgss said city, its officers, agents or �tepresentatives from ` 11 cost,
<br />expense, payment or judgment recovered id connection with such claim. or claims,, action or lions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor.of the pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to th amount, liability and other matters pertaining thereto.
<br />P-nd the contractor agrees, t4r maiata:in said nuZprovement ai-d i_',ake such reuairs as may L:, nc.io ssat1;4,
<br />.# er d $ad in the manner. as fized-by the specifications, ai c&to secure the Maintenance, and n of t ther_ ,;
<br />t with the Board of Public Works a bond with sufficient surer thereon and in an tmt as d h �1,4%
<br />a �t4e1ficAtIons,' And in doing such repair worilr the contractor and the surety a his guarantee bend Brit } Ng
<br />fbbjeet to the #&Me—liam ity to the city, and any ether person for apy injury or damage >>o any persckn or pip;
<br />art y j ,tha same aiszte3' and to the same extent as is fixed in � the last precedin paragraph covering theeor4
<br />Affliction work,
<br />And 4t 1s further agreed by and between said parfi-es that the acceptance of the work providedfor to 6.11
<br />oontract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the proviow.
<br />1014 of this contract, nor shall it release said contractor or the sureties on his bond for. the fithful perfoitnk
<br />4090 thereof;, nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />nlract, O€eept: to the extent of, entitling the contractor to the contract price therefor.
<br />The eontrACr Ia revs to pay for all labor and materials used or furnished -to be used In *® making of
<br />such ImDroventcin the performance �of this contract, whether done or furnished for him, 4w big nNeutt
<br />rteidgltec, Aumccessor or subcontractor;d the city may reserve out of Any allowance made any age} }a
<br />ill litvor of the contractor or 1— assigns,,or out of the amount due him-vr.hisr g }platf�
<br />of the t3Vot k, so much its tnat-:cessary to pay all laborers or material .t cn Jos= ®u eg .. to , f Work doAt or materials used or furnished to be used in the performance of this cWtrsgt. ate the �
<br />utot
<br />cild work and the county treasurer, acting as city.'treasurer, mayretain molwy Belie -tee• from p ref
<br />crerla assessed for' said improvement to pay such debts or until the contractor# 71 w �ee�
<br />t)Md )r satialked ►
<br />. e coat_ -a or agrees to remo--e all rubbish, earth. And lint-sed material in the streets or sides thtreut
<br />aj:cn the completion of the improvement or the repairing thereof,
<br />The work of making such improvement shall be completed according to the terms of this contract. on or
<br />*eTore the__ �....__:..' day o —
<br />__ __ .._.._....___........_.... _.................._, 19..... nkess the time fo'r the completion of the same shall be extended in writing by the Board of Public Works,
<br />And it is.agreed'that any such extension of time, or any alteration of this contract or of the manner or tneth-
<br />Ad.of doing such work shall in no way affect the duties, obligations or liabilities of the contractor.or-his_sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this c ;r tract, or sub -let the work or any part thereof to
<br />be done hereunder, without the writ_en o-_s_nt of the Board of Public Works.
<br />p'It is further agreed and stipulated th�,t rise contractor shall ;give to residents of said city and county
<br />reference in the *,employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to pbsezwe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be- done and
<br />performed by said contractor the said city agrees -to cause the cost of doing such work to be -assessed, col-
<br />lected and paid to said contractor in the manner fixed by'the statute governing the making of -such improve-
<br />ittents, :
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions and
<br />emus of the plans, profile, specifications and resolution aforesaid, the ,undersigned binds himself or itself,
<br />fad C wpcictivesuccessor or assigns of such.vart?es_
<br />In Testimony Thereof, the the -foregoing named parties, hereunto
<br />oet our hands this gtrh. day of August 1925.
<br />C1TT OF SOUTH BEND -, INDIAM. HOBAN & ROACH
<br />BY . B. .SLAVGjM R By V. J. Roach
<br />L. P. HARDY Contractor
<br />PERT F. HONER
<br />IW Board of Public Works
<br />CONSTRUCTION BOND
<br />Yam. .y zA =,-a iry them Wesents. That we_._._.._. O ern & Roach_
<br />of the foanty of St. Joseph State or. Indiana as rinci-
<br />pak .and ,4mor1 Can Silrety (DS f New York i
<br />of _the County ni Tand State of
<br />as sureties, are bald and firmly bound to the +`"ity of South Bend, Indiana, in the sum of......' Y.-lc
<br />S tjf Alm—ee — :.....:Dollars ` 583.00 ),
<br />for; the: payment of which, well and truly to be made, we jointly and severally bind our ve4 our heirs,
<br />A%ecutors, adminstrators and assigns, firmly by these presents. Hoban & Roach
<br />The conditions of the obligation, are such that if the above named _
<br />
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