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lday June 24th. lg19, Cont inued;f
<br />23 msnholes.reset, each.... :,f. ... f.. ....# 2.50
<br />22226 sq. yds. of Trinidad: Lake Asphalt,-
<br />for asphaltic. concrete paverent
<br />per eq• lam•.• • •:........ � . � 2.17
<br />. a tO ,Perf®rsn all work in the prosecution s;: said tniprover►4e!nt under and acGrdp;tg to the torme and f�a'f• .
<br />dltlona of Improvement Rjesolittion No. _ _� adopted by the Board arf Public Works..., &h.. , J,. 19.
<br />aid the plane, profile ancro d specifida+±s on file 7-1 the offrce, of the Department of Public W®rka, �►i,ich �a
<br />resoh,itlon, plans, profile and specifications are made a part hereof as fully and eifectui►lly a� if COpied' and
<br />out herein at Itill.leneih.
<br />`!it contractor, farther e zpressly covenants And agr -s that in the prosecution of s:sid work i►11;.p1'd�At
<br />sk111 tf d care ,_• .l be exercise1, th = be all eknvations anti dangcrquo jala�riy
<br />and aidill use all dtt.e. bard rre', �, , �� n"u, " t
<br />o �r ., t �, -Iry °Per�o+�1^" „�t �r+Y1 f�9t f'1 klfe Avs +, Qs�
<br />si afly itljttry or tl^mn:gy rs suiting frn;n t' «, Jr } S,,';, o from P y r� ttk ;r or thi'np rn(n-Pe!«-d tti°"re
<br />Ar sing therefrom, to a:ny per..-n or crop=rty, »> • tl ^-v a li i td�*e tha same at �,s owrn en '11 s:hr! 6t
<br />surne the liability therefor; and in the event of any r air. o.r claims b} ng trade or my acdori Cr lv., lads: bolo
<br />brm;ght against the, city by reason or on a,ceourit of Or grog=aing out of 'd t �r'�.rir its c^�^+.rtivtion, th- W
<br />-contractor will at his own expense defend the same, and •viil pay'any judgment rzcovered therein, and :Wv+ll in -
<br />all respects fully indemnify and save harmless said city, its officers, agents or ebiesci tatives from all cost
<br />afpense, paymerit or judgment recovered in connection with sucli claim or clairtia, action or Actions, And
<br />Wlthin tefl days after any such action is begun, the city shall notify the contrac+or of tine ven,'leh r Hier- of
<br />than any judgment rendered. against the city shall be conclusive against the contractor and against ills surety
<br />eft bo`.a a... tc tb kmovnt, HabiliW and other matters pertaining thereto.
<br />And the contractor ag•ress to rnai."*gin said iL.� r +rt ent a.. �..<d..e a: repairs as may ee necessary
<br />the period and in the manner as fitted by the specifica.tlons, and to secure i.le maintenance and repair tnerew
<br />to file with the Board of Public Works a bond ,,.:th suf tcient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for anyInjury or damage to'any perstn'or prop-
<br />erty in the same manner and to the same extent as is fixed in the last• preceding paragraph covering the con-
<br />struction wor...
<br />Acid it is further agreed by and°bAtweeri said parties that the acceptance of the work provided for in this
<br />contract, or the payment thcr of, shill not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it.rcicase said contractor or the sureties on his bond for the faithful perform-
<br />ance 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 making 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 an any estimate
<br />in favor of tie contractor or ' assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so,much as ma- cessary to pay all laborers or materiai men for amounts due them for
<br />work done or materials useu .arnished to be used in the performance of this contract and the doing of
<br />• said work, and the county treasurer, acting as city treasurer, may retain money colicated from property
<br />owners assessed for said improvement to pay such debts or until the contractor shows that they have been
<br />paid or satisfied
<br />?ca. earth. and nw-sed material in the streets or sides t e'kEx7i
<br />upon comnt�•::_gin c rs the ,rnprov..m :,t or the repa;ring thereof,
<br />The work of ma.'- ire st!" improvement shall be Cori
<br />bf-fore the ........ - ....... 24i1h. of
<br />ac rdit� t teh- t f this Co17kr8Ct on pr
<br />........ ............._...._ _._........ LL
<br />unless the time for *Y,e corr;plet�on of the sat e s!t_i�b� >•+p ... �2........ . �.. 1Q" ...'"
<br />And it is agreed thr:t- an s,,�h *eo .�i "- exte"ried in w!•iti--g by th- Board of Public .Worms,
<br />g Y e. on of tirnt, or any alter: *ion of this cant -act or of the manner or'-neth-
<br />od of doing such work shall in no way affect the dutie
<br />ties. s, obligations or liabilities of the contractor or kiln sure -
<br />It is agreed that the contras or Fhall not n.ssign this contract, or suh-let the work or any part thereof to
<br />be done hereunder, with3!vr the v.ririnn nr of the Board of Public Works.
<br />It is further agreed and stir , ia-ed t'`at Cat, contractor shall give to residents of said cityand count preference in the employment of all labor necessary in the performance of this contract, and faiing to do so 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, aral things- to be done and ' performed by said contractor the said city agrees to cause the cost of doing such work --to fie assessed, col-
<br />kcted and paid to said meots° contractor in the manner fixed by the statute governing the making of such improve -
<br />To each of the conditions and stipulations of this contract, including all and singular the proelsions and terms o the plans, -profile, specifications and resolution aforesaid, the und4*gned binds himself' br itself,
<br />and the respective successor or assigns of such parties,
<br />In Testimony Wheeeof, We, the foregoing named. jdrt ies, hereunto
<br />set our hands this 24tb. , dray of June 19190
<br />EMIL F. HALKEY,
<br />CITY OF SOUTH BEND, INDIANA.'
<br />BY G. A. ELLIOTT ` • ° ° ° .
<br />HARVEY F. ROSTISER
<br />JOHN F. rMVvN . , . .
<br />It Board �of ftbl is Works.
<br />THE WHITE CONSTRUCTION CO*
<br />A. W. -WHITE
<br />Vice Prest.
<br />Contractors
<br />
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