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220 l in. feet of marginal curb; per' l in ft..... , .: $. 20 <br />6 marshaled reset, each,.......................2..Q0 <br />6780Sq. yds. of Trinidad LakeSheet Asphalt <br />o <br />. pavement per s q� yc1 ..... ............ 2. 63 <br />4.94 W pgrf i all work in the prosecution of said improvement under and accorditq to the twrma aid t on— <br />ditiO4a of I>fprov eot Itesollition No. ._..... __, adopted by the Board of Public- Werlra....,�A,'r il,,, 019 <br />9nd she VlaM, profile ar-d specifications on file , the office of the Department of Public Work�� �l�zPh s <br />€ oh -aloe, plan§, rofilt and specifications are made a part Hereof as fully and effectually as ij copi/d &ad <br />go further e'=tpresply covenan•s and agr es that in the rospcution of saltl work l*1l , .to !f <br />All l at <f care 'll be e, irc'All ea;rsvations a'1El daft cr®t1a ayC a <br />field ' ell (We F d p� 'per ter +o i to or�v ,,t inn . y `') ;,` v person rr � • +}�r61'; tM�t i �t`�P# 0 �t Q <br />air#'�1°3%rptlai�e ra3t i'1 gE 1 tillSV Or r r z r frnn1 c< y tr :e`er or thi,1 Pf1ni.'^kfi� tl4.e <br />arltiilt tbPrefrotn, o an. era -a or ro art 1 rt 411 r P. n lit¢ .i rh ri��'ri or <br />y la °p• P y, � _ y .date tk+a sa+fie at his own expenll4 _ <br />914rNi ThqE liability Cher-io. „arch jn_t:he event.of or 01. its being made or ally, action or lwk <br />li t; 1 bf figfi°n7t the city by Qisoa or on a.C.Coulit of. or g•rovaulg out of s^.id w arl or its cor gction <br />@®ittr4f or will at his own; expense defend the same, and iay any jud metit recovered therein, n <br />fill .wts fully. indemnify and save harmless said city, its . fiicersc, agents o <br />i:�r representatives from all C 0 <br />@n@e, payif?ent or judgment recovered in connection with such Flaim or claims, action or actions, And <br />within t@fl days after any such action is •begun ; the city shall notify the contractor of tkCfeiidency t>'tore <br />then airy jiid lest rendered against the city shall be conclusive,against the contractor and &pisu%the sup <br />on We wa$trUction bond, as to tb amount, liabili* and other (natters pertaining ,thereto, <br />And the contractor a leas to maintain4aid.improJ ment:aL,d rnake such repairs as may be necessdiy <br />the period and in the "manner as fixed by the ssa,-cifications, avid to sec-ure_. Le maintenance,.and repair tnereoi <br />c to file with 6e Board of Public Works a'bond WAh su.Tcient surety thereon and in an amount as Lced by the . <br />`pecifteatiphs, And iri. doing such repair work the contractor and the surety on his guarantee bond,shall be <br />subject tg_the same liability to the city and any other person for any injury or damage to any pers>n or prop- <br />erty in the same manner and -to the same'extert as -is fixed in the last preceding paragraph covering the con- <br />struction work. <br />Arid it is ,further agreed by and between said parties that the acceptance of the work provided for in this <br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- <br />ions of this contract, nor, shall it release said contractor or the sureties .on his,bond for the faithful perforrm <br />Alice thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this <br />cdntraet; 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 making of <br />such improveme:it and in.the performance of phis contract, whether done or furnished for him, or his itgerit, <br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any tstirmate_ <br />in favor of the contractor or ' assigns, or out of the -mount due 'him or his assigns upon the eompletici i' <br />of the work, so much as me- cessary to pay all labore s or materiai men for amounts due them for <br />work done or materials use4 -4rnished to °be"used in the .performance of this contract and the doing of <br />quid "work, and the county trecaurer, acting as city treasuifer, may retain money oclieeted_ frbm property <br />ownera assaessed for said improvement to pay such debts or until the contractor shows that they have het ti <br />11Me1 or wished <br />i <br />2g:-_eS to remo--w all ru --ish, earth, arA unt-sed material in the strr,,�ts or Sit,=, <br />apou the cotripletion of the iir-provem:mt or the repairing thereof. <br />The work of mskin such improvement" shall be comple*ed accordirg tot the of this coiitrAO. t«; e <br />before the......,_.. — lids -- • - - -- day of .aQtt-K Ar... A A .......................... 19,....,., 4 <br />unless the time for the completion of the sat~e shall b_ extended in writing by the Board of Public Worlu, <br />And it is agreed th-,tt ar,.y such eKtenGion of tine, or any alto a*ion of this' contract or of the manner or in(,01m <br />oil of 4oing su,:h I -work shall in i c> way affect the duties, obli 7ations or liabilities of the contractor_ or his sufe i <br />ties. <br />. It is agreed that the contractor shall not assign this contra..ct, or sub -let the work or any part therp.of to <br />be done heremider, without the ;._i.,en co:` <br />:_ . e of the Board of Ps_blic Works. <br />It is further agreed and szirul2 -A `'gat'' contractor shall give to residents df-said city and county <br />nc:n <br />►reference in the employrt of all labor i:�cn_ssary in the )erforma.nce of this coritraet, 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 conditil ns of this contract, and things to be done and <br />perforraed by said contractor the said city agrees to cause Phe cost of doing such work to be assessed, col- <br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve. <br />meats. <br />To each of the conditions and stipulations of this contract, including all and singular the provisions and <br />terms of the plans, profile, specifications and resolution aforesaid, the undergigned binds himself or itself, <br />and the respective successor or assigns of such parties, <br />In Testimony Whereof, We, the foregoing named Dart ieip herein <br />set our hands -this 2nd. day of July 1919i <br />THE WESTERN CONSTRUCTION . 00. <br />CITY OF SOUTH BEND, IND IANA. ( FRED RANMT, Pz*tj ideat <br />BY G. A. ELLIOTT <br />Its Board of Public Works. <br />