07/27/1920 Board of Public Works Minutes

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and to perform all work in. the prosecution of said improvement under and according to the terms and c q& June 9th . 1920 ditions of Improvement Resolution No. ..... 792.... ._. ---- adopted by the Board of 'Public Works-..,-__..:.__.__ °......;; ' and the; plans, profile and specifications on file in 14he office of the Department of Public Works, which said resolution, plans, profile and specifications -are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor furtherexpressly covenants and ads Ps the t inahe prosecution of said work all proper skill and -care ?.i'1 be e7.ercis-2d; th-t he ,; 1 r p s, '" : all excavations and dangerous places, and °4i11 use all dus-•4 tiro' pr pr^cw ,-=o.i to or r' - i, •,_ � -ry person or p c -y; that in the event of anyififvey or d:a.tnn;e resul'i g fr---i tt-.' x,,:r 111 r „r fr^n 1-- or thin? connected therewith or r arisir4 therefrom to any pe ^-i or orop-riy, >?' :i1 rnv a- . lir ;Fate th:- s, - e at his own expanse, and as- sume the liability thereiori and in the evert of an} c'a*m or cla iris b�--.ng made or a.j_v action cractibns being brotikht against the .city by reason or on aAcouitt of or gro'%Vii2g ont of i. >ar' or its construction, the said contractor will at his own. expense defend the same, and i7;il pay any judgment recovered therein, and will in . e all respects fully indemnify and save harmless"said city, its officers,. agents or representatives from all cost, expense, payment or judgment recovered in connection with suc'_i claim or claims, action or actions. And J within ten days after any such action is begun, the city shall notify the contractor of the pemt ncy ther^of, than any judgment rendered against the city shall be conclu sive ag%'inst the contractor and against the surety -:m his construction bowel, as to tI, 'imount, liability and other nxa-u.'ers pertaining thereto. And the ,contractor agrees to maintain said i -nprovement anti mare such repairs as may be necessary e�p:erlod az Q, lu the ma,arier as hid' by the specifications, and to secure rite maintenance and repair thereof t€� rile with the Board of Ptsblie Worl is a bond with sufficient surety thereon and in an amount as fixed by the ep«cilicaton�, end iii d.ortg such repair work the contractor and the surety on his guarantee bond shall be pu4ject'to the gar..e liability to the city and any other person for any injury or damage to any pers �,n or prop- ert in the anie manner and to the satne extent as is fixed in the last preceding paragraph covering the con- otruction work, And. 1t io further agreed by and bctween said part�s that the acceptance of the work provided for in ti-Js cwitract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the prow'Is- i-,ass of this contract, nor shall it rJcaNe said comt,:actor or the sureties on his bond for the fan" ful pet fr,,- tl`er'eof'; poi' shall the acceptance be prima facie evidence -of the perfonnanct of any provision of tl:is cila.s•ah, except to the extent of entitling the contractor to the contract price therefor. Tho. contraetor agr@es to pay for all labor and materials used or furnished to be szsed in the nuking, of alley improvement and in the performance of this contract, whether done or furnished for him, or his agent, Moi ilee, mccosoor or'subcontraetor: and the city may reserve out of any allowance nia,de- on any estirna.te in favor of the contractor or ° assigns, or, out of the an;ount due .him or his assigns upon the completion. 0 the work, so liuC,i as me:- eessary to.pay all labore s .or materiai ineii for amounts due thew for *ork d®uo or mmarials uses , arnished to be used in the performance of this contr° ct and the doing of 0atd iYo&"13a and the s'o tit{F t.."4..tQr, of t;!tg. as city treasurer, rsiayretain money Colflncted tSorri property owlier4 aAse fed for sand lzi,provc went to pay .such dchts or mitil br €ysows 0(ot theyhave }yr^ The, cont a ror agrees to remo- all ru`�ish, earth, and unuss`*�ed material in the streets w sides •t�hLwodoi d�idlt}. the completion of .the improvement or the: repairing thereof. ° Tile work of making such improvement shall be completed according to the terms of this contract on or lieiore the .--- . .----- - - .... -- -dav of- ---- - - — - , 19 ..:.._.. finless the time for the completion of the sa shall be extended in writ..g by the Board of Public Works, And it is agreed that any such extension of time, or any alteration` of this contract or of the manner or.meth•• od.of doing such work shall in no wavy affect the duties, obligations or liabilities of the contractor or his sure.. ties It'is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, withoct;she w ir`- n moo:; act of the Board of Public Works. It is further agreed and stipulated *hit contractor shall give to residents of said city and cowity, preference in the employintnt of all -labor nec ssary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to pbserve this stipulation. And .upon the performance of all -the terms and conditions of this contract, and things to be done and performed by said contractor the .said city agrees to cause the -cost' of ' doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the -statute governing the making. of such improve- Enents. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid; the undersigned' binds himself or itstif. nd tl,e respective successor or as"'ZTos of s"sch na.rtiPG. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 23rd. day of July 1G20; H OBAN & ROACH CITY OF SOUTH BE111D, INDIANA. M. J. ROACH BY G. A. ELLIOTT. H. F. ROSTISER Contractor, Its Board of Public Work s CONSTRUCT = meter by these presents. That we ......... FiQb-&ri--$e--AoaCh-------------- rinci - Of the Count of ------------ at.__-_Josa ----- -. State of----------- Zxid iaxisi .......... as p Pak, and ......... A1M&r_iCLan._-B!_carat9 --- a ny----af__.New_.Y-Ozk------•------------------------------------------------------- of the County of---------------------------------------------------- ------------ and State of--- --New .1UX......_....... --- as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of -------- __-_.. .... ..:__............... -Three--thQ_Us&nd---and---n-igh�y pis' t�_�_�_�� .�_._�_�rnDollars ($3j, 081 00). for the payment of which, well and -truly to be made, we jointly and severally bind ourselves, om' errs executors, adminstrators and assigns, firtrily by ;these presrtts- The conditions of the obligation are such that if the above iiamed__ Hoban & Roach I -_ shall faithfully comply with the foregoing corzl.-ract, made and =entered into the-----------= '23t`d ►--:;----------- ----- day of----------------------------Julx...i9.20.A...............•--, 19......,.. with the City of South Bend, Indiana and shall ft:lfill al, the conditions and stipulations therein contained, according to the true intent ar_d mea:iing thereof, in all respects, then this obligation to be void, otherwise to be and remain in fall force and virtuein law. In the e vei�i- the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the faitIful compliance with all other conditions, stipulations and req`aires°nmts covered by or set out in the contract.