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.6th. 1905s and all amendatory, and supplemental. actsCher, t.o,. _And; whereas, ;t)ie said
<br />Board of Public Works thereafter designated sheet asphalt as the kind of material with
<br />which said street was to be paved and -improved; and
<br />WHEREAS
<br />the said ,party.; of, t.re econd part Was the .,lowest aid best bidder for
<br />the, above- gent ione d_. works
<br />T REBORE, it is herby agreed that the said partof the second. part shall; do
<br />and. perform -all the -work: in theseout on or the` a.beve Ileboribed ilaprovement "adaoxd-
<br />ing to th terms and cmditions Jrosaid improvement resolution= o. 417, and the plans
<br />prof ile : , sp ecif'i cations ,.on. file-. in theneffi©e of the ,Board -of ; Public- Works „of the,- City
<br />of South Bends, Indiana, whi ch 'Re solut ions prof ile s , plans, and sp eci fi eat ions are made
<br />parts `of this contract as fully and effectually as if copied herein at Pull length, and
<br />also do all said work in a good and workmanlike manner and under the direttion and
<br />control of the Civil Engineer of said City, and. to the satisfaction anti acceptance of t1i
<br />the Board of Public Works of said City..
<br />It is agreed that the party _of the second part shall not assign this contract,
<br />or sub -let tLhe work or any part thereof to be done hereunder, without the Written con-
<br />sent of the said party of the first part first obtained.
<br />Said party of the second part agree to pay -for all labor or materials used or
<br />furnished to be used in the construction of said pavement or in the performance of this
<br />contract, whether .dome or furnished for the :party of .the second part, or its agent or
<br />any sub-contraetor; and-snid party of the first part may reserve out of any allowance
<br />made- an anr.estimate In favor of the said party of the second part, or out of the amount
<br />due said party of the second part upon the completion of . said work, so. much as may be
<br />-necessary to pay all laborers or material men for amounts due them for work done or
<br />materials furnished in the performance of .said contract and the construction of said
<br />works and the only treasurer of -said City may require said party of, the `second part.,
<br />to file receipts from such laborers and material men for amounts so due them.
<br />Said party of the second part agreesthat in the prosecution of said work
<br />all proper skill and care will be exercised; that he will properly and fully guard and
<br />protect all excavations, dangerous plaeess and will use all.due and proper precautions
<br />to prevent in juror to any person or property, and will save and keep the party of the
<br />first part harmless from any and all liability whatsoever growing out of arw injury or
<br />damage to persons or property because of arW neglect or fault of the said party of time
<br />second part, its servants, agents, employees, assignees. or sub -contractors, In the
<br />performance of this contract or in any matter connected with or related thereto, and to
<br />pay arW judgemext with costs which may be obtained -against said City growing out of
<br />any such injury or damage.
<br />In consideration of the promises and agreements herein made, to be kept
<br />and performed by said- party of the seeond part, said party of the first part will cause
<br />to be paid to aid party of the second part , s according to the law governing such
<br />matter, the following prices and rates;®
<br />Cement walk, per s qua re ft .. . .. . .................... ®._i0
<br />Curbing per lineal f't............................... .22
<br />Grading, Per cubic yard ............................. .45
<br />Islets, 549 each..... ............:.................. 5.50
<br />Concrete stretcher, along gauge side of
<br />street railway rails, per lineal f'6. ,. .10
<br />Eight inch conduit pipe per lineal f"t.............. .50
<br />Resetting inlets, 109, each .........................1.00�
<br />Resetting manholess 23, each ....................... 1.00-
<br />Marginal curb, per lineal f"t....... ..............-.-. .15
<br />Trinidad Lake Asphalt, ,per square yd................ 1965
<br />Brick on cement mortar cushion, for railway tracksm
<br />per sq. yd... ....,.:.......,.......... 2.14
<br />Kind of brick used shall be designated by the Board of Public Works.
<br />Said party of the second part agrees to remove all mbbbish and unused
<br />material left on the completion of the work from the street along the lice of said s
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