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49�
<br />Tuesday July 31st., 1923. Continued.
<br />pavement
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />grade, curb and walk on Eckman Street to Michigan street, to.Fellows Street, in the City
<br />of South Bend, Indiana at and for the fallowing prices:- -
<br />2760 lih. ft. of curbing per lain ft. $.40
<br />13180 sq. ft. of cement walk per sq, ft. .16
<br />"244 lin. ft."of conduit pipe per lin ft. 1.00
<br />a 8 new inlets -each-------------- 12.00
<br />12 inlets reset each 2,00
<br />5 manholes curbs and covers, reset each 3.00
<br />8616 vu.`yds of grading per cu. yd, 1.00
<br />170 tin. ft. of marginal curb per lin ft, .35
<br />4832 sq. yds. of asphaltic ceneiete pavement
<br />using Mexican per sq. `.yet. 2.52
<br />quid to perform all work in the prosecution -of said improvement undet i tud, according to the terms and cane
<br />ditiorls of Improvement Resoltition'No........ adopted by the Board of PObiic-,Works...,.,bde,re1,.,1.r4,1923 •
<br />and the plazas, profile and specifications on e gn the office of the Department of Public Works. which said
<br />resolution;..plans, profile atid specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at: full length, -
<br />Tbe contractor further expressly covenants and agrees that in iliac-proseeutictr of card work all proper
<br />Skill a± d care i'1 be exercis�3; th^t he -5='.l pron_r` d p-� -�.ct a1J excavations and -dangerous places,
<br />and .,-i'l use al! due ?,,d p+-oger preca-ttiop tc ar ti-2ct injury *o 'Iry person or Froarty: that in flat event of
<br />any injury or da.me.-e-r€sulting from th v -)r` or red,1l+ice from a*:y matter or thin gg connected therewith or
<br />arising therefrom, to any pers^-i or property, he v4 i ray aa± ligtri6ate the same at his own expense, and as-
<br />sume the liability therefor: and in the event of anti_: claim or clanns being made: or any action or, actions being
<br />broL9.ght against the city: -by reason or on a.cceuat of, or groyving out of s,id.wbrk or%ts construction: the said
<br />contractor will at his own expense defend the same, and --!ill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, "agents or representatives froxa all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, actipn or actions. And if
<br />within ten days after any such action is begun, the city shall notify Y,lre: cones or i t'i e penden ' thereof,
<br />thcna.ny judgment rendered against the city shall be conch?sive again t the,ontractor acid against the susev
<br />an his construction build, as to tb amount, liability and other mattePertaiiiihig thereto.
<br />And the contractor agrees to maintain said impi-ovemeit.t and wale such repairs as may be necessary i.
<br />the per;0d and 9n the manner as fixed by the specifications, and to secure the maintenance and repair ttter�coi
<br />to file with the Board of Public Works.:a bond with sufficient surety thereon and in an amount a® fixed by khc
<br />opocificstions. And in doing such repair work the contractor and the surety on his guarantee bond 8hittl be _
<br />pubject to the same liability to the city and any other person, for any injury or damage to any person 6r'pro97
<br />arty in the same manner and to the same extent as is fixed in the last preceding paragraph c®veYittg tits can.ptruction wont,
<br />And it is further agreed by and between said p-artz--s that the acceptance of the work rovided for In thls
<br />Contract, or the payment thereof, shall not constitute a waiveronthe part of.the city ofany of the prov s-
<br />Zone of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perfornt=
<br />Vice thereof nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the makltig of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any esthitute
<br />in favor of the contractor or 1, assigns, or out of the amount due him or his assigns upon the empletion
<br />of the work, so'much as tea; cessary to pay all laborers or,materiai men for amounts..due them forWork flout Or materials used or "urnished to be used in the performance of this contract and the doing of
<br />said worm, and the county treasurer,`acting as city treasurer, may retain money eolle:ted froth property
<br />Owners
<br />)r satisfied assessed for said improvement to pay such debts or until the contracted shows that they isrtve acorn
<br />01i
<br />s. e.co tt:-a~ e .agrees to-remo• z all rAbish, earth, and unused material in the Streets or sides them
<br />upon the.completion of the improvement or 'the repairing thereof.
<br />The work of making such improvement shall be completed according to the terms of this contract on or
<br />beforethe - ------------------------------------ --------------- -d;av of --------------- =--------------- ------------------------------..-.-..---. 19.........
<br />unless the - time for the completion of the sar.,e shall be extended in writing by the Poard of Public Works.
<br />And it is agreed that any such extension of time, or any alteration 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 ofthe contractor or his sure-
<br />iies.
<br />It is agreed that the contractor shall not -assign this c(,r tract. or sub -let the work or any part thereof to
<br />be done hereunder, without the written cons nt of the Board or P:-bLc Works.
<br />It is further agreed and sEipuiated that tke contractor shall rive to residents of said city and county
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lectcd and paid to said contractor in the manner fixed by. the statute governing the making of such improve
<br />=cnts.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terx:I.s of the plans, profile, specifications and resolution aforesaid, th umd"§igned binds himself or itself,
<br />hG. foc-pcctive successor or assi�,rr:s of s+_i^n *-;rr.eG.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 28th. day of July 1923•
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works
<br />HARRY N. BARNES
<br />Contractor,
<br />
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