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<br />PUBLIC IMPROVEMENT CONTRACT
<br />THIS AGREEMENT, Made and entered into this -------- __ ...J,Q/fi - -- ______:__ ____ __ _____ _:. _ _._. day
<br />f by and betweeneillisttmtlstctiaC�o
<br />of the Count 1
<br />y---- ��t_•.. J©8eph and- State of . ----ndiana - - ---- ---------------------- ----
<br />- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St .Joseph, and State-"
<br />'_ of'Indiana, >�y'and. through its Board of Public Works, (hereinafter referred to as the "City"), under 'and by
<br />virtue of an'Act of the General AssEmbly';o£,theState, of Indiana, entitled "An Act Concerning Municipal, Cor
<br />porations;'. approved March 6, 1905, and all amendatory' ar d'supplerrle-ntal acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct Asphaltic Concrete -
<br />Pavement ssic3i1!x and- Grading using Mexican Asphalt. on Golden Avenue from Portage
<br />Ave;. to R er side Drive. In the City of South Bend, Indiana:
<br />` at and for the following prices:
<br />64 Lin'. ft. ;of $" conduit Pipe per line ft ,.. .....:...". .r.. r.,�•;........, .95
<br />Curbing,per .lin.'ft: •...s.•.••s.+.• s•!.•a.••• ts•s••..N. ..••:•s.rs.•+.s 060-
<br />Cement_Wa.1k per Sd. ftsosee l220
<br />2: Nevr inlets each 1400
<br />r 2 Inlets reset each a. t.sas•s• s•••40tsl.•:•ss•.iss•siss�l0#o 0s•.s!•••isa-...•�� 3+�OQ
<br />2 Iknholes ,Ca-ers reset each •was•s��•.•as.s.•fsssars•.sis..assa.a•:.ssslss•'!+
<br />828 Cu. Yd6o of Grading per cu. yd .#.....; ..• s..s.. .:..... �... ..... 14*6
<br />56 Liri. fit. of Magg nal Curb per lins ft* .... • ...... •......:.. ..... !40
<br />1993 sq. Yds. of Asphaltic Concrete..Pavement using Nexicanm per-sq.`yd,,.... s 2.62 :
<br />and to perform all work in.the prosecution of said improvement under and according to the terms and conditions of Im-
<br />provement Resolution No. �-- --.:- adopted by the Board of Public Works---A-r.2nd)__ 9 -------, and the plans,
<br />profile and specifications on file in the office of the Department of Public Works, which said resolution, plans, profile and
<br />specrfi"catidh9"ar61nade-`a"p`drt h6keof-as €ugly an'd effectually -as'if=eoplied--and--seVout`h-emin-•at-futi length:
<br />The contractor further expressly covenants, and agrees that in the prosecution of said work all -proper skill„ and care
<br />will be exercised; that he will properly guard4and protect all excavations and dangerous places, and will use all due and:
<br />proper precaution to prevent injury to' any person or property; that in the event of any injury, or, damage resulting from
<br />the work or resulting from any: matter or thing connected therewith or arising therefrom, to any person or property; he will
<br />_ pay and liquidate the same at, his own expense, and assume the liability therefor; and in the event of any claim or claims
<br />being made or any action or actions being brought against the city by reason or on account of or growing out. of said
<br />work or its construction, the said contractor will at his own expense defend the same,. and will pay any judgment recovered
<br />therein, and .will in all respects fully indemnify and save harmless said, city, its officers,: agents or representatives from all
<br />cost,'expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ,ten
<br />days after any such action is begun,_ the city shall notify the contractor of the pendency thereof, th any judgment rendered
<br />against the city shall be conclusive against the contractor and against the surety on his consiructibond, as to_the amount,
<br />liability: and other matters pertaining thereto:
<br />And the contractor agrees to maintain said improvement and make'such repairs as may be necessary for the period
<br />and in'the manner as -fixed -by the specifications; and'to secure tthe maintenance and -repair thereof to "file with the. Board
<br />of Public Works a bond with sufficient. surety thereon and in an amount as fixed- -by the- specifications. And in doing _such
<br />repair work the contractor and the surety on his guarantee bond' shall b_ a subject ao the same liability to the `city and any
<br />other person for any injury or damage to any person or. property in the same manner and to the same> extent as is .fixed in
<br />the last preceding paragraph covering the construction work.
<br />And His further agreed by and between said. parties that the acceptance of the ork provided for in -this contract,
<br />or the payment thereof, shall not.cosstitute a waiver on the part of .the city, of any oft e,'provisions of this contract; nor h
<br />- shall it release said contractor, :or .the sureties on his ,bond foi the -,faithful 'Performance thereof; nor. shall the acceptance. -'
<br />be;prima ,facie evidence of the performance of :any provision of this, , ntrlaet, excerpt to the extent of entitling the _contractor
<br />= to the contract price therefor-
<br />'The eontractor'agrees to pay for all labor and materials usddor furnished to be used in making of such_ mprove nent `
<br />' ' anii m- tle-nerformance Hof this contracct:- �hethar<'-done or, -furnishe�"oY"'lime.:or, his -,.assents. assienee. successor -:nor
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