08/16/1922 Board of Public Works Minutes

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r :c co,;L--a ap;.e-s to rct:_o- all ru.YDish, earth.. and ur°ised material in the streets or sham t c7reok t;=pan t;ae c:c .pletiort of the r,;f , o;,nira .lt or the rt pairing; thereof. i. Fl-c->,Ictk of making such itTipt'GY?Tn.etit shall be com—pfeted accord.ing to the terms of this contract oa or liefr-,5 t: thr,._.................. ._.----- ---dav of -------------- -------- ----...------.................................... 19......._..,., t rdcss the ti,:ne for the cornplef-;rm of the sarle shall be extended in wr�ti;-g by the Board of Public Wortlks, And }i: 1s az;",'efnl th?t: an';.Su(j] 8�`tteClF+.OYi of t;Tne, or any alteration of this c-ntract or of the manner or meth- -(A of doings stach trt/ork shall. in no 'way affect the. duties, obligations or liabilities of the contractor or his sure.- -- It is deiced that the contractor shall not assign,this act or stab -let the work or• any part th.ci eof to bc; dt,rir h,.;reu ieder, wilho;ct th<< 1tr:- r co ;i of the 1, rd ,f 1' >t; Works. It is fuit:rer agreed d :tiput .-cd +hr-t contractor shall give to residents of said city ard <., i+y i>t r:f t,ut:t in the ernploy rr--mt of ill labor c e _,.,a .:.ry in the. t,crfort_nance of this contract, and failirz}; to +t:> so, sl-,,eil fc;ifeit to thu- city the suns of ten dollars for each failure to observe this stipulation. Hied upoxi tree perforrnance of all the -terms and conditions of this contract, and things to be doYte -tad peifoiwe.d by said contractor the said city agrees to cause the cost of doing such work to be a.ss^ss;rl, coi Lxte-d aai paid to said contractor in the, niatmer fixed by the statute governing the making of such .iraprlove- filCala. 1'r rat le of tht; oonditions and stipulations of this contract, including all and singular the provisions and te.st> i of the plans, profile, spec'ift:ationv-, and resolution aforesaid, the urdersio-ned binds hiniscl_f or itself. an.i .t ,� trw ective successor or assit rys of soctt parties. In Testimony Whereof, We,. the foregoing named parties, hereunto set our hands this Fifteenth day of August 1922 o THE EMULSIFIED'ASPHALT CO. CITY OF SOUTH BEND, INDIANA: BY J. P. JOHNSON BY L. P. HARDY Vice President. Contractor. ALBERT F. HONER. Its Hoard of Public Works. KNOW ALL MEN BY THESE PRESENTS, That we, Emulsified Asphalt Company, of the County of Marion, and State of Indiana, as Principal, and Southern Surety Company, of Des Moines, Iowa, of the County of Polk, as Surety, are held firmly bound to the City of South Bend, Indiana, in the sum of Fourteen Thousand and N% 100 (140000.00) Dollars as construction guarantee, and in the sum of One Thousand fifty and Nof 100 ($1,050.00) Dollars as mmintenanee gguaraantee, under contract herein- after referred. to, for the payment of which, well and truly to be made, we jointl y and severally bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents: The conditions of the above obligation are such, that if the above named Emulsified Asphalt Company shall faithfully comply withNe terms and conditions of one certain contract entered into by said Emulsified Asphalt Company with the City of South Bend, Indiana, which contract is for the re -surfacing of North Shore Drive, in said: City, and shall fulfill all the conditions and stipulations therein contained, according to the trt% intent and meaning thereof, in all respects, including the maintenance and repair of said improvement Recording to said contract, for a period fo three years after the date of the approval of the same by said City, and without cost to the City of South Bend, or property holders assessed for the cost of the same, then this obligation is to be void, otherwise to be and remain in full force and virtue in law; in the event the said City shall extend the time for the completion of said work, such extensions shall not in any way release the sureties on this bond. This bond shall cover all terms and conditions of the contract herein referred to as to both construction and maintenance of the improvement under said con- tract in the respective amounts above set out as to construction guarantee and maintenance guarantee. It is understood and agreed by all parties hereto that the obligation under the construction guarantee shall date from the signing of this bond and shall contdnue and remain in force until the completion of the work under the contract and the acceptance of the same by said City, at which time the principal and surety hereunder shall be . released from obligation under the construction guarantee, but from the date of release under the construction guarantee the principal and surety shall become liable under the maiintenance guarantee to the said City of South Bend, in accordance with their contract withsai.d city in the amount above.set forth. Witness our hands and seals this 15th. day of August 1922. SOUTHERN SURETY COMPANY EMULSIFIED ASPHALT COMPANY BY E. M. CURRY BY J. P. JOHNSON Attorney infect. AFFIDAVIT ATTORNEY IN FACT FOR SURETY. STATE OF INDIANA ) COUNTY OF MARION SS CITY OF(INDIANAPOLIS On this 14th. day of August 1922 before me personally appeared E. M. Curry attorney in fact of the Southern Surety Company, with whom I am personally acqudinted, who, being by me duly sworn, did depose and say that he resides in Indiana, Indiana, that he is the attorney in fact of the Southern Surety Company, the Corporation named in and which executed the within instrument that-he�knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed hhe said instrument -as attorney in fact d'f said corporation by like manner. MARTHA JALLIFF My Commission expires December 1391925. RO D119q22 Notary Public BE ��"WIC WORKS. � b ttP�'HARRI f Vice President.