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,5>01 cu. yds of raging per cu. yd. 11.10
<br />630 sq. Yards or concrete per sq. yd. 2.50
<br />ailu to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />ditions of Improvement Resolution ltio..-9. p th 122.
<br />�_, add ted by the Board of Public Works__�IuE'__..,� . and the plans, profile and specifications on le in the office of the Depa~tlient of Public Works, which said
<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 saitl work all proper
<br />skill and care 7,i'1 be exercis 2d , th , t he -7 ?1 on�r - c} I- �..,* all excavations and dangerous places,
<br />and injt1 use ury or all
<br />due nd prn7er precaat Son to or�j t iri.';U y +<i ,ry person or propeerty; that i 1 tie evt'i1t :f
<br />,e resulting frcr:� tn2 uT�Y'. or rep tl`9Hg from -)-v m ,tter or thins; connected therewith or
<br />arising therefrom, to any person or property, he -- 11 ray arm+ lir ,idate the same Pt his own expense, and as-
<br />sume the liability therefor; and in the event of any claim- or clairls being made or any action or actions being
<br />bro.;ght against the city by reason or on ,,.(,count of or growing out of sn.i.d work 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 harmless said city, its officer's, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f
<br />within ten days -after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />th•,-n any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to th ° -.n�° _::t, liability and other (,.utters pertaining tbcreto.�
<br />c' I)d 'the col:. cI ec?or agrees to rz.,,.I. rain
<br />the period 3:'t the said improvement and matte shell repairs as may t,,� Ileces ar -
<br />d in he Via;mer as fixed L the specifications +i
<br />t.') f t With o., y ,and to secure the taaintcnance and repair ther =o;
<br />h t.ze Board of Public �',%oi t�s a bond with sufficient surety thereon
<br />t�lif C2l (r7.'i:mtJiiS. And in doinfj sIuch YE T and in an amount as fixed by the
<br />, a i,�;r - -ork the contractor and the surety on his guarantee bond shall be
<br />sra,i�ert to tllr saI ,P 1ia,} .Iity to the city and any other person for any injury_,or damage to azzy pens r.xl or prop
<br />erty ill the salae Manner and to the same extent as is fixed in the preceding paragraph covering the con-
<br />slz•uctiiaii work, last
<br />A;ul it4s further agreed by and between said fart=;es that the acceptazice of the work provided fol. in t:F;is
<br />","AI,,ct, or the payment thereof, shall rot c nstitute a waiver on the part of the city of ziizy of the , ,; ;-
<br />of tl)t) contract, nor shall it release said c_ 'r,:.•
<br />{ c the?a�c.of; n'or shall the acceptance, for or the sureties on his baud for the f. ;tltful
<br />except to the extent of entitfinbetpr coat,a (ie evidence of the perforwa�rlce of any provl,,,o,, of
<br />'Iize,coimtra.ctor agrees to pay for all labor and riat�ritls used o, furnished o the contrzct price tta be��sed in the Ir x?t,• o.f.
<br />5i ch imxiptoveizler t and in the performance of this co:, act, rliet,'l ,r done or furnished for 1;i;:L.t,of
<br />asai, ice successor
<br />g , son or subcontractor; and the city may reserve out of ar_y a,I'oV'F'.iice ro a,de oil ally
<br />1n favor of the contractor or assigns, or out of the amount due hire or his assigns upon.the cc11,;l�lcc;,c.±m
<br />of the wbrk, so zruch as may }
<br />cessary to all laborers or i :aterial men for «�I;tot; rt,ts dL;e t i' I.1 fcr.r'
<br />said done or materials used ar furnished to be used in the perfcrl .t-.ice of this contract and the d°ia;g
<br />said wort;, and the county treasurer' acting as city treasurer, may retain Money"e
<br />owners itssesscd for said improvez:icnt to pay silcil dc' s cr >i„nil the eo :t, .ct.
<br />coI. -creel from pi o1� rt
<br />-filet car satisfied �r snow that tbzsy bNve hers
<br />l ,e co..t-a^ or agrees to rerrio--a all ru5'rsh, earth. and un*lsed n trri3l i�i t'ie struts o: s s L
<br />apron. the completion of the irnprovetucat, or the repairing thereof-
<br />` hv.'work- of inaking such iixll,t o;,en1ent shall be completed according to the t-+_ . of ), :lt , t- the day of----------- ------
<br />t1r,(r f�ti {.1rt cciai,pltt,ry=t c,f the sa, sha11'be extended in ti t by the $or,.td of Yt:l i;c �1c, 1. .
<br />A td it ih,.agie d tlt,tt any uf•-li (,v of t,f t or allyalteration of tl'is r
<br /><:r o; tb-, rtr, ,,t. t o;
<br />od of doing auch work shall in no way affect the duties, obligatioiis or liabilities of the coin(, c,toi o; his sw L.
<br />flex,
<br />It is agreed that the contractor shall not assign this �V 'r?.M or sub -let the work or any part thereof t,.
<br />bp- dune hereunder, witho& the writ en co:.s:-ilt of the h- _.rd of Public Works.
<br />It is further agreed and stipulated that t',, contractor shall gi,;e toresidents of said city and c'•
<br />prefe):Caice in the employment of all labor necessary in the performance of this contract, and failing to c' ;
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />Ann upon the performance of all the terms and conditions of this contract, and things to be done lr•c`:
<br />perfor ::.ed by said contractor the said city agrees to cause the cost of doing such work to be asstsscd, c .`-
<br />lected atti pAd to said contractor in the manner fixed by the statute governing the mai:ing of such impro•
<br />�ic•.:tts,
<br />'1'0 eL!0 of thin conditions and stipulations of this contract, including all and singular the provisions !-.nd
<br />Mtrr 'If the plans, profile, specifications and resolution aforesaid, the u-ndersigned binds himself or
<br />, t,d tl_e lt.x zective successor or aSSi,< s of such. partie,',.
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties, here-
<br />unto set, our hands this 17th. day of August 1922.
<br />CITY OF SOUTH BEND INDIANA. HOBAN ROACH
<br />BY M.
<br />J. ROACH
<br />BY L. P. HARDY, Vice.Pres. Contractors.
<br />Albert F. Honer
<br />Its Board of Public Works.
<br />CONS T --l-UC. a ION F 011-41D
<br />Kkaow a.11 RlFT --a ky V,=_'1t That Q
<br />of the County of r------- at ..... Jose -ph ------ ----------- State of --- ------------ Inds-wa&--............
<br />prisrci-
<br />pal, t.nd----------Aae-r c&a-*Sur""--•Compaq 4f__Ke_W__-yozk................................................. ......
<br />of the County------ ---- ------ ------ ------------- — -------and State of ------- New •-York .....................................
<br />as sureties, are held and firmly bound to the City of South Bend, Indiana, in the s:;ra of .... Ei ah16...hundr.0d
<br />Ninet . .--g--------------------------------------.------ - - -- for the payment of which, well and truly to be made, we jointly and severally bind ourselves, otsr It irs,
<br />executors, adminstrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if the above named .............. __.__
<br />.................---_-----_-_-HOba-n..__$E.R-04ia._--_---____-----------------_-_---shall faithfully rotally tr;.i:h toe fores;oir.b coatiact,
<br />made and entered into tl--c--- ..-_-_......... ..........Z7th.*_-.-__......_..___..___ daof---- -------- ------__..._.......,___...Auu1t,.__�.9•., 13_-.- q
<br />with the City of South i'ci_Ci, inu 'a-i1? and sail. fill"-Ml a1y the conditions and stiptti ;tionz tluzrciia cc'xAta.incd,
<br />according to the true intent and mea,iinkI thereof, in all respects, then this obligation to be void, otherwise
<br />to be and remain in f ill force and virtue' in lava. In the eve:_': the slid. City, shall. extend the tine for the:
<br />completion of said work, such extension shall not in a:ay way release the suictics on, this bond.
<br />This shall be a construction bond, and the sureties on. the sarne shall no€:.be bell r.espw.zsibfe for the
<br />maintenance and repair of the improvement after it has been accepted by the second, party but such studio
<br />shall be held responsible for the fait'-;ul co npl; nce with all other c ...?;; r.e, s' r+l,.t: on rnd reota9Fo
<br />C,)vcredt by or set out in the contract.
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