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Wintesseth, that the contractor covenants and agrees to construct
<br />Trinidad Lake Natural Asphaltic concrete pavement; on Ford Street from Olive Street to
<br />point 345 feet east of Kosciusko Street, in the City of South Bend, Indiana, at and for the
<br />following pr ices: -
<br />4-
<br />488 lin. feet of curbing par lin. ft...................$A40
<br />2696 cu. yds. of grading per cu. yd. ...................1.00
<br />30 storm water grates, each ......... ......0:..;......... 10.00
<br />1424 lin feet of 8 inch conduit pipe, per. lin ft.. .80
<br />30 inlets reset, each ....... ........................ 2.50
<br />830 lin. feet of marginal curb, per lin ft..... .20
<br />8 manholes reset, each..... .......:............... 2.50
<br />8223 sq. yds. �of Trinidad LAke Asphaltie concrete'
<br />per' sq: .yd..... .. ..?..45
<br />8223 Sq. Yds. of Standard Adexican Asphaltic
<br />concrete per sq. yd...' ::.. 2.32
<br />mill to perform ail work in the prosecution o. said improvement under and accordin" to tkt terms acid cone
<br />ditions of Improvement R-esollition lvo..._ 8g-------------- adopted by the Board of Public Wori s....Jti,R!?.__ 9.11919
<br />and the plans; profile and specifica.*ions on file n the office of "the bepartment of Public. Works, which ,Said
<br />resolution, plans, profile and specifications are'trip.de a part fiereof as fully and effet'<tuaily-a.s it copied `and
<br />set out herein fat full Length.
<br />-he contractor further expresAy covenants and agrees that in the prosecution of said work all proper
<br />skill a,!d care 4, - 11 be exerc:sad; th ' het --=11 -1 p- -) _ all excavat oris and dangerous places,
<br />and M use al!. due and Droner prec21tion to t,)r v< i,, , to <ry person or p~c^e ly; tn'at i7 t?^a event nc
<br />aj)y injury or dam^;e resulting from t*,,; r'- or res ' -g from :,-.v r tt"er or thinp.*corirec* d thereivitTl or
<br />arising therefrom, to any person or property, he =--�11 ray ar,-i lir-n-idate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any c+a_M� or:: ciairns being made or any action or actions being
<br />bro-tght against the city by reason or on account of or growhig out of ss-,d work air. its construction, th,- s-A
<br />contractor will at his own. expense defend the same, and will pay any judgment recovered therein, and wi "l in
<br />all respects fully indemnify and save harmless said city, its' officers, agents or representatives from all cost,
<br />expense, p4yn7ent or judgment recovered in connection with such claim Lor clairns, action or actions. Aid f
<br />within ten days after any such action is begun, the city shall notify the contractor of tr_e pende�icv the-r^o.f, ,
<br />th_� n any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to t1. ',mount, liability and other matters pertaining thereto.-
<br />.
<br />A: d the agrcas Li, LU—I.P -azr3 said 4.1-1 v -l- i t a".0 i",a,,e such repairs as ma}: t s rucf:ssa_ ;
<br />the tried and in the manner as fixed by the soecifi _a'_ions, and to secure tale maintenance and repair tnerto.
<br />to Me with t.ie Board of Public Works a bona�%vlfh sufficient surety thereon and in an amount aQ fixed by the
<br />ipeci cations. And in doing such repair work the contractor and the surety on his guarantee -bond shall be
<br />#tfbJcct to the sas:ie'liability to the city and any other person for any injury or damage to any pees-r a or prop -
<br />COY in the same manner and to the same extent as is fixed n" the last preceding paragraph coverii4g, the co -
<br />stru.ction worts.
<br />And it is further agreed by and between said parties t at the acceptance of the work provided for in this
<br />contrail, or the payment thereof, shall not constitute a waiver on the part of the city of any of the .provis-
<br />10tis of this contract, nor shall it release said contractor or ;,i..
<br />the sureties on his bond for the faithful perfo*.
<br />mice 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 reE erve out of any allowance made on any estimate
<br />in favor of tiie contractor or ' ' " assigns, or out of the amount due him or his assigns upon the completion
<br />of the v�orls, so rriicr. as m�: cessary to pay all labor, rs or material men for ariounts due there for
<br />work done or materials user=arnished to be used in lie performance of this contract and the doing of
<br />said worn, and the county trcajurer, acting as city treas rer, may retain money collczted from property
<br />owners assessed for said improvement to pay such debts until the contractor shows that they have been
<br />twirl or, satisfied
<br />upon the comp !e l ` the irnp oern it or the repa ing .
<br />The work of nnskir. sii^h improvement shall be cbm+11
<br />beforethe ...................... -*---- .........................------.day of_
<br />unless the time for the completion of the sane shali be ex
<br />And it is agreed th-at arty such'exten^ion ©f t�rme;•or anv alt
<br />od of: doing such work shall in no way affect the dut2es ob
<br />ties.
<br />It is agreed that the contractor shall not assign this co
<br />be done hereunder, withoot the writ_en co:a: ^t of the Bo
<br />It is ftitther, that contracto
<br />preference. in. the..employrnxtt:of ail.labor pecessary in thq1
<br />shall forfeit to the city the sum of ten dollars for each fail
<br />-And -upon the-performanct of all the berms, and. oondit
<br />pperformed by said. contractor the said city agrees to cause
<br />lected and paid manner fi to said contractor in the annxed liy th
<br />meats.
<br />'To each -of the conditions and stipulations of this contr
<br />m ters of'the plans, profile, specifications and resolution' of
<br />and -the respective successor- or- assigns- of -.such parties. :
<br />IN TESTIMONY 'THEREOF, We,
<br />set our hands this 2nd. day Qf Sept!mb r 1919.
<br />C ITY OF SOUTH, BEND, IND,IANA.
<br />G. A. ELLIOTT
<br />HARVEY F. ROSTISER
<br />JOHN F. DEHAVENIts Board of Public Forks..
<br />ur. e.d mates: -al ni the strt:.as or sines
<br />;ted according to the terms of this contract, on or
<br />....... D" Maier---1919A ......-------------- 3 19..........,
<br />ended in wnit, -g by the Board of Public 'Works#
<br />r<.`ion of th_s contract ovof the manner �'' meth-
<br />igations or liabilities of "the contractor or his; surew-
<br />:tract. ar' sub -let the work or any part thereof' to
<br />!rd of Public Works.
<br />shall give to resiaelits of said city and county
<br />Derformance pf this contract, and failing to do so',
<br />tire to observe this stipulatio
<br />ions of this contract, and thiigs to be done and
<br />the cost of doing such work ito be assessed, col -
<br />statute governing the making of such improve-
<br />.ct, including all and singular the provisions and
<br />iresaid, the undersigned binds himselfor or itself,
<br />i forogoiag named parties, hereunto
<br />THE, WHITE COSTRUCTION CO-
<br />M. E. WHITE, Pros. & Tre e.
<br />Contractor.
<br />
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