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Witnessetj, that the contractor covenants and agrees to construct pavement
<br />on V�iarni Street from Fox Street to north line of Ewing Avenue In the City of South Bend,
<br />Indiana, at and for the following prices:-
<br />650 lir., ft. of curbing per lin. ft.......... .$*24
<br />553 cu. yds. of grading per cu. yd ................. ....... .65
<br />4 storm gates, each .................................... 4..07.50
<br />cement walk, Der sq. ft .................................... .12
<br />100 lin. ,ft. of conduit pipe, per lin ft ..................-72
<br />Reacttlgg inlets, each ..................................... 1.50
<br />90 ft. of marginal curb, per lin -f't ........................ .25
<br />Resetting 2 manholes, each. ................................
<br />1341 sq. yds. of Trinidad Lake Asphalt, per sq. yd ......... 1.78
<br />and to perf6rm -alt'W"Ork in the f said prosecution- o improvement under and according to the termsand conditions, .
<br />of Improvement JResolution "No . ---- 529 --- ------------- adopted by the Board of Public Works-JuItO --- 12t,11,-7,1917,
<br />office of epartr- f Public Works, which said resolu-
<br />and the plans, profile and specifications on file in the offitheD nent o
<br />tion, plans, profile and specifications are made a part hereof-; as"fiiilly and effectually as if copied and set out herein
<br />at full length.
<br />The contractor further expressly covenants and agrees that: in the prosecution of said work all proper skill'
<br />and care will be exercised; that he will properly guard and protect all excavations and dangerous places, And will
<br />use all due and proper precaution to prevent injury to any person or property; that in the -event of any injury
<br />or damage resulting from the work or resulting from any matter or thing connected therewith or arising there-
<br />from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability
<br />therefor; and in the event of any claim or claims being made or -any action or actions being brought against the
<br />city by- reason-oron, account of or growing out of said work or its construction, the said contractor will at his
<br />own expense defend the same, and will pay any judgment recovered therein, and willin'all respects fully indemnify
<br />and save harmless said city, its officers, agents or representatives from all cost, expense, payment or. judgment
<br />recovered in connection, with such claim. or claims, action or actions. And if within ten days aft'er any such
<br />action is begun, the city shall notify the contractor of the pendency thereof., then any judgment rendered against
<br />-the city shall be conclusive against the contractor and against the surety on his construction bond, as to the
<br />amount, liability and other, matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as maybe necessary for the
<br />period andin the manner as fixed by the specifications, and, to secure the maintenance and repair thereof io file
<br />with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi-
<br />cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject
<br />to the same liability to the city and any other person for any injury or damage to any person or property in th6-
<br />same manner and to thesameextent as is fixed in thelast preceding paragraph covering the construction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided ior in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions- of
<br />this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the acceptance be prima -facie evidence of the performance of any provision of this contract, except to
<br />the extent of entitling the contractor to.the contract price thereto1r.
<br />The contractor Agrees to pay for all labor and materials used or furnished to be used in the making of such
<br />improvement and -in -the performance of this, contract, whether done or furnished for him, or his agent, assignee,
<br />gnee,
<br />successor , - or subcontractor; and the city may reserve out of any allowance made on Any estimate in favor of the
<br />contractor or his Assigns, or out of the amount due him or his assigns upon the completion of the work, so
<br />h.,amay
<br />muc, - s - be necessaryall laborers or material men for amounts due them for work done or materials
<br />-" to pay
<br />used or furnished. to he used in the performance of this contract and the doing of said work, and the county treas-
<br />urer, acting as city treasurer, may retain money collected from property owners Assessed for said improvement
<br />to pay such debtsoruntil the contractor shows that they have been paid or satisfied.
<br />The'contractor agrees to remove all rubbish, earth, and unused material in the streets or sides thereof upon'
<br />the completion of the improvement or the repairing the . reof.
<br />The work of. making such improvement shall be completed according to the, terms of this contract on or
<br />beforethe -------------------------------------------------------------- I ------------- ---------- day of ------------ ------------------------ ------ --------------------------- 19 --------
<br />unless the time, for the -completion of t - he same shall be extended in writing by the Board of, Public Works. And
<br />it is agreed that any such extension: of time, or any, alteration of this contract or of the manner or method of
<br />doing -.such work4ha-11 in-no'way-a:&6i -the- Auties,'oblig' ations or liabilities of thecontractor or his'sureties.
<br />It is agreed that the contractor shall .not assign this con I tract, I or sub -let the work or Any part thereof to be
<br />done hereunder, without the written consent of the,BPard of Public Works.
<br />It is further Agreed and stipulated that the.contractor-shAl give to -residents of said city and county prefer-
<br />en7ce in the einpl6yinent' of all labor -necessary in the perform ' ance of this contract, and failing to do so, shall for-
<br />feit 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 per-
<br />foFmed by said �contractor, the, said city agreesto cause the cost of doing such work to be assessed, collected and
<br />paid to said contractor in the manner fixed by the statute governing the making of such improvements.
<br />ai
<br />To. each of the conditions and stipulations of this contract, including all and singular the provisions and terms
<br />of the plans, . profile, specifications and resolution, aforesaid, the undersigned binds himself or itself, and the re-
<br />spectiVe successor or assigns of such parties:
<br />,
<br />IN TESTIMONY WHEREOF,Ve, the foregoing named parties, hereunto'set. our hands
<br />this--- --------------- 10 -t-h -------- ---------- .--day of-Altuat-1917i 19 ---------
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<br />-----------------------------Fr-e--d----R-a--n
<br />CITY -----
<br />OF SOUTH,�PEND, INDIANA, Contract
<br />or.
<br />ton
<br />By-------------- X-7-10MIS ------------- -------
<br />------------------------------------------ --------- ---------
<br />-------- ----------------- ----------------------------------
<br />Its Board of Public_ Works. ---------
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