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558
<br />and to pel f orin all work: in the prosccut4h of said improvement under and according to the terms and conq
<br />dltlo"I 6f Xmpr®+ tit ke c� i iian Rio. ,..,, ado tetl b the Board of Public 4Nort-silaB►y,.�,. 922
<br />aucl tl$c plays, prole ands .ed ca+.sons on Ile In the office of the ),cpartment of Public Works, which sai
<br />rogolutlelt, plans, profile acid specifications are made a part hereof -as �,ftlty and effectually as if copied and
<br />tot out Mreln at 11, len&.
<br />'I°1te.contractor further estpressly.covenants and agrees that in the prosecution of :said, work all P. -er
<br />NuIll an. care -,�41 ; g , t i
<br />� l b e3�erc d; that l.p oo , r �� �t p- a*^ct all excavations,antl tjangerqus places,
<br />itnd will uee 'r.i1 due p,,d pry". r,preoa.,ttion * or r^;�* in�;+try t 1 my person or .I o^,trty; That 1-1 the event �.
<br />a17� i4zjOry or.doresdMing ffroin the v-1- or resulti1 - from s,ry matter or thing connected therewitfi or
<br />ar[elltg therefrom to atiy perso;z or property, he s 411 pay ar-t liquidate the saine at Iris own expense, and as -
<br />@hire the lisl�llltX :therefor; nd in ,the event of any clairl or claims being made or any action; or actions.being
<br />lim-t: ght sgainst. e..city by,. reason r dri a.ccoua of or growing out of s-mid vrork'or its construction; the said
<br />:eontractorwlll et Is ow., ..expense expense defend the.same,`and will pay any judgment racovered'therein, and will in
<br />all -relpe@ts ftllly;indemnify and save haitnles' said city, its officers, agents or representatives from all cost
<br />owpanse, ps<yytAent br judMetit''rec�overed in connection with such claim or claims, action or actions. And
<br />wihi.on d�yat niter r�+ny such acttb:i is begun, the city shall notify ,the contractor of the pendency thereof;
<br />►pit Auk ttdzateut reado:red`against the city shall be conehfsive against the contractor and against the surety
<br />®tt liar etruet#a r board, as to ib 'AmowAt, liability and other matters pertaining thezeto.
<br />And the chin th for agrees to maintain said improvement and make such reiaairs a_ s Inay be necessary to,
<br />size eriod and in the manner as fL*ed by the snPciflcations, and io secure the rraain nanoe and ,re- air tharegi
<br />t9 a with t<ze Board of Pubic VL'orks a bond-'
<br />stxfitcitnt sUrety thereon and In an RnMuht 6s Ixod U�i the `.. spccifzcations And in doing such repair work the contractor and the
<br />eusurety an h#s iulatttee hgod Ohl hll
<br />l�ject to the sar:.e liability to the city and any other,person for aziy injury or, dalfiage t6 thy peror"IA Of fd ..
<br />city in the same manner and to the same extent as is fixed in the last preceding parkgrap %uv�ritt� $lt� eo�e
<br />Rtruedon' work.
<br />Mid it is further agreed by and between said par6ts. that the acceptartee of the were rovided for `ln tltfs
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city o ai9y of the proVI@=
<br />an a of this contract, nor shall it release said contractor or the sureties on his bond fat= the fat"thiul peff6rtn=
<br />axto;e thereof; nor shalt the acceptance be prima facie evidence of the performanee of arty pr®vlelon of, thlg
<br />contract, except t17 the extent. of entitrn- + the contractor to the contract price therefor,
<br />The contractor agrees to pay for all Yabor and materials used or furnished to be tte€d-lfi the makltig of
<br />such improvement and in the performance of this contract, whether done or furtilshed for hi , of his agcnty
<br />assignee, successor er subcontractor; and the city may reserve out of any a11_oWalc# M— ade on any @§t}ttidte
<br />in Uvor of the contractor or t: assigns, or out of the anlount dud him or hig asgigiis ttpgn th@ completioh
<br />of _the work, so znuA 0 ma3 cessary to pay alflaborers or viateriai inen f©r at�outttli dus `tf}e� f6r
<br />work done or materials used or iurnish4d to be used in the performance of this ceiffrttet t}dtbe hetndoinof
<br />said., work, and; the county treasurer, acting asp city treasurer, i q retain Money 0011t 'tdd from r er owuels assessed for said improvement to pay such debts or u1,til the contractor ry�i yg thgi tliey j gy
<br />paid or gatisfied
<br />s to remo- all ru5aish, earth, and unused material in the streets or sides- these
<br />upon the completion of the: ir_tprovemcut or the repairing thereof. The work of making such improvement shall be completed according to the term.9 of tli;a cbntra. ton or
<br />at
<br />before the .............-------
<br />.---- -- --- ------------dav
<br />unless the time for the completion of the sal-�e shall be extended in wr1ti--,g"by-the .............................tPuliGtWnr 6,
<br />tAnd . it. is agreed that any such extension of time, or any alteration of this contract or of the manner or meth.
<br />:cf doing. such work shall in no
<br />iesway affect the duties, obligations or liabilities of the contractor or his sure -
<br />It It is agreed that the contractor shall not Pssign this Tact. or sub -let the work or any part thereof to
<br />be done hereunder, .withovt the lv i ion cc.: -^.t of the T3oard cf P+ bite Works.
<br />It is further agreed and stipulated to t t%.- con+ractor shall give to residents of said city and connify
<br />,preference in the employment. of all tabor necessary in the performance of this contract, and failing to (Io so,
<br />shall forfeit to the city the sum of ten dollars for each fail
<br />tire to observe $his stipulation.
<br />And upon the performancy of all the terms and conditions of this contract, and things to be done and
<br />erforand by said contractor rite said emu agrees to cause the cost of doing such work to be assessed, cola
<br />snelecnts and paid to said contractor in the ma agrees
<br />by the statute governing themaking of
<br />sae.nts. g g such improve.
<br />aTo tack of the conditions and stipulations of this contract, including all and singular the. provisions and
<br />nds of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself: or itself
<br />and the i4i pective successor or assi-g_-s- of such. part -es,
<br />In Testimony Whereof, wet The Foregoing named parties, hereunto
<br />set Ur hands this 1.5th. day of November 1922.
<br />CITY OF :SOUTH BEND, INDIANA. , HOBAN & ROACH
<br />BY h. B.-, SLAUGFJTER BY M. J. ROACH
<br />L. P. HARDY Co>hraetor
<br />ALBERT,F. HONER _
<br />Its Board of Public Works.
<br />J, £ � c d �ts> That we------------ -- Ho -hem --- &- RQ$_C_ ..
<br />�..-.....
<br />of tl ! Co Y of ... -......... --------- 51,.._.aseph------- ------ -. State of ------- TnUdlg ok... ............. _......
<br />�,A taid >.........Ameriraa.. au s fit- Compspy - f New York
<br />.._-------- ------------
<br />of rite County af..------------ _and State of_.._ New York
<br />--- ............... _•_-_.......a
<br />ae ecia-etiea, are held and firmly bound to the City of South Bend, Indiana, in the suin of ......
<br />JXundv#&.&act. q&v ...thr-ssw-�-.- ------ - _--------_ -----
<br />Iiollars C5 473.00 or the payment of which, well and truly to be made, we jointly and severally bind �.
<br />r ecut®a=s, adminstrattors and assigns; firmly by these presents.
<br />The conditions of the obligation are such that if the above named
<br />--------------- faithfully comply with the foregoing contract,
<br />ivde and'entered into'the----------- °..ej:5 ,---------------------- day of---------- OVe_ffibeZi 1922.
<br />with the City of Sotrth Ber_d, Indiana and sha!I fulfill alF the conditi'oejs and stipulations.therein Wnt-Lifined,
<br />according to the true intent and meat. ng thereof, in all respects, then this obligation to be void, othervnse
<br />to be and remain in full force and virtue in law. In the evej_, the said City shall extend the t1me for the
<br />completion of said work, such extension 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 has been accepted by the second party, but such sureties
<br />shall be held responsible for the fait'-tul compliance with all other conditions, stipulations and regtliretrieilfs`
<br />covered by or set out in the contract,
<br />
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