|
and to -perform all work in the prosecution r, said implMment tender and a►mording to the terms "Kt n-
<br />ditions of Improvement Resolution 1Vo...... `s.�P. .... tt�rt bar tbe Board Af .pW11c Wortcs. r... .�. —,
<br />and the plans, profile a.nd speci6ca+ions on file - the office of tl?e Department of Public Works, abich s
<br />resolution, pla.r..s, proAl- and sperificat;nns are madQ P -Fast hereof as frilly and effectually as if. copied
<br />set out herein at fLill length.
<br />The eon+ractor farther exur s=1v rovenar s n-10 a-- -s 1�t st► the rosecution of said work all prop
<br />skill a - Leare ' h e . rc, . + ' . , h ,,,.. 1 a exrava t.ions and dangerous places,
<br />and - "'. tiCkc P dt- t P+ 1-a•,+nr rn .�sw� v person ^r T r aY+� +1'at in the event of
<br />any injury or Cri—,e rca� 1 .g fr•-.m + � � i1 iri+Yi q y' � * or til�?h?" �?1Y1.hP,� tPd t11E'.iPwItt or
<br />arising thcrefrom, '-o any phrz-j nr nrcppr, v , , '� , ,,J► a ,.i J;-:1idaate 1+^ - s ne - i is own expense,, and as.
<br />slime file liability therrior, and in the e ,e. t ,f To y er cla..Y1ns being made or any action or actions bein
<br />bro �ght a.go,,ist the city by reason or.on ae !?ur+t of ter grnwiiig.out of {-i-d «vnrl; or its -construction, the sai
<br />contractor will at his own expense defend the same, and pay any judgment recoveredtherein, and will in
<br />all respects fully indemnify al►d save Irmess said city, its officers, agents or representatives from all cost,
<br />upense, payment or judgment r4ave ed in connection with suds claim or dailris, action or actions. And if
<br />within ten days after any sneh 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 the xenon tt, liability and miter pertaining thereto,
<br />giixx- .
<br />hr, ,uo
<br />- s►tt t' ". ads; by tJ e,$ -- e t .� sum r it
<br />x� .i sus 1' 1:� 'C. i2 P�;.�;^S. a?"�3 a,
<br />Se mks a.. arid to, sec* the mamtrnartce and repair thereof
<br />4 t4 st Y r,41h =�cient
<br />#130) t to tl "ir' work tf a �' thereon and in an amount as wed {�
<br />i i1 ; , :aas8 and. land
<br />the surety on his X0arantee b®nd d shall he
<br />My fo i *arm � a�thr
<br />otf ti'on 'Work. to the4ame txtwt as is per-sOlied n the aYury or damage to any person or prop-
<br />, A,=d It fttrthIf a;reed $� receding paragraph covering the con
<br />tit t, or the �yn;en= th�" said Parties that the acceptance of the work provided
<br />lots of this �satraet , fea,; rot constitute a waiver on the part of the city of efor in trots
<br />4110e tb�rWf,, nor shall th a�i i!t �c contractor or the sureties on his bored for the f
<br />h'a:e said
<br />rttract, etc eptarece be a facie evidence of the erforn.ance of n y of the Perform.
<br />'f'hc canttor the �sf ett�t' t�ae P atth£ul perforrr.w
<br />eueh 'b g � #ct contractor to the contract y provision of this
<br /># °oventetlt and in the Payo la and materials used or furnished t -therefor,
<br />be®used in the nlakili of
<br />e of this contract, whether done or furnished for him, or his agentg
<br />in ee, successtor or subcontractor. and the ca
<br />eat favor of the contractor or his oast ty may reserve out of any of the Vo: k, so mu.:h as way gas, -car out of the amount due him r hid siRnce made on upon they l rnio�, .
<br />41k do" or ruteriah necessary to paj, all laborer s
<br />-aid t ors;:, and the Coup or materia, tnen For amounts :due tiles for
<br />°t' fs�� to fe hoed iu the perfortnattli,� of this contract and the doing p#
<br />'Wners assessed for said h' treasurer, acting AS city treasurer, may ret$. tf the
<br />.'fd or eatisded pent' such debtor Basil c y coilcctod fro property tractor shows that they #rave berth.
<br />to remo, ate ruY* sn, earth, and un+zsed material in the str" ox sides shereof
<br />Von the completion of the improvement or the repairing thereof.
<br />The work of making si4ch improvement shall be complete ccording to the terms of this contract off.
<br />$0ore the....... ..... /� �z-.---------- -_dav of_,..._ __.,��_ _- .. --- .._-------- 19=
<br />unless the time for the comnletion of the sar e shwli be et ed in w ;t "g by`ttte Board of Public Works.
<br />And it is agreed that any such ertenGion ;f tiinp, or any alters `-ion of this contract or of the manner or meth-
<br />od 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 contract, or sub -let the work or any part thereof to
<br />be done hereunder, withoot the ,v rit ^n co nt of the Board of Public Works,
<br />It is further agreed a.:d suns r,, ed th^.,t the contractor sha11 give to residents of said city and county
<br />preference in the employm',�nt of all labor necessary in the performance of this contract, and falling to do s%
<br />shall forfeit to the city the sum of ten dollars for each failure to oiaserve this stipulation,
<br />And upon the performance of all the terms and conditions of this contract, an+d thipgs to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing so�l work to be ane<ssed, iml-
<br />lected and paid to said contractor in the manner fixed by ttie statute goyiettoii4 #salt ripe-
<br />meats.
<br />To each of the conditions and stipulations of this contract, including all and tt� aivasai
<br />terms of the plans, profile, specifications and resolution aforesaid, t "*WA t ''?
<br />1 the respective successor or assigns of such .parties,
<br />IN TESTIMONY WHEREOF, We the foregoing named parties,, hereunto set our hands
<br />this 4th. day of October 1917.
<br />CITY OF SOUTH BEND, INDIANA.
<br />E. U. MO RR IS
<br />A. H. R ICE
<br />ITS BOARD OF PUBLIC WORKS.
<br />CONSTRUCTION BOND.
<br />HOBAN & FOACH
<br />M. J.HOBAN:'
<br />Contractor.
<br />KNOW ALL MEN BY THESE PRESENTS_ THAT WE HOBAN & ROACH OF THE COUNTY OF
<br />ST. JOSEFH , STATE OF INDIANA as.principal, and AUERICAN SURETY COUPANY OF NEW YORK, of the
<br />County of New York and State of New York as suset ies, are held and firmly bound to . the City
<br />of South Bend, Indiana, in the.sum of Ten Hundred and twenty eight and no/100 Dollars
<br />($1,028.00) for the payment of which, well and truly to be made,. we jointly and severally
<br />bind ourselves, our heirs, executors, adminstrators and assigns, firmly lay these presents.
<br />The conditions -of the obligation are such that if the above named Hobart
<br />and Roachshall faithfully comply with the foregoing contract, made and entered into the
<br />4th. day. of Oetob6r 1917 with the City of South Bend, Indiana, and shall fulfill all the
<br />conditions -and stipulations therein contained, according to the true intent and meaning
<br />thereof, in all respects, then this obligation to be void, otherwise to be and remain
<br />in full fore* and virtue in law. In the event the said City shall extend the time for the
<br />completion of said work, such extension shall not in any way release the sureties on this
<br />bond. -
<br />
|