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4,9b,
<br />PUBLIC IMPROVELENT CONTRACT.
<br />THIS AGREE ENT, Maae and entered into this 24th. day df April -1917 by
<br />and -between H. L. ;Davis of the county. of St. Jose -ph, h, and State of Indiana,( hereinafter
<br />C
<br />referred to as theontractor" ), and the City of South Bend, in the County of St.
<br />Joseph, and St ate of Indiana, by and through its Board of< Public *brks, (hereinafter
<br />referred to as the City," ) under and by virtue of an Act of the General Assembly
<br />of the State of,,,1ndiana,:untitled ".An Act Concerning Municipal Cor orations, approved
<br />March 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to grade, curb and
<br />walk, an Donald Street from Miami -Street to -High. Street, in the City of South Bend,
<br />Indiana at the f g l l owAgg pr ices :
<br />2374 1 in, ft . of curb ing , per 1 in f t ... '.... , ..... ....... $.19
<br />2060 cu. 'yd. of grading, er cu. yd......................... .32
<br />10820 sq. ft. of sidewalk, per sq. ft...................... .09
<br />and to perform all work in the prosecution of said improvement under and according
<br />to the terms and c and it ions,, of Improvement Res olut ion. No. 508, adopted by the Board
<br />of Pub I is Works Apr i1 13th. ,1917, and the plans, profile and specifications or. file in
<br />the offide of the Department of Public Works, which said resolution plans, specifications
<br />and profiles are made a part ILereof as fully and effectually as if copied and set out
<br />here in at full .length.
<br />The contractor further expressly covenants and agrees that in the proe--
<br />cution of said work, all proper skill and care will be exercised; that he will properly
<br />guard and protect all excavations add dangerous places, and will use all due and pro-
<br />per precaution to repvent injury to any pes on ` or , property; that in the event - of any
<br />injury or damage resulting from the work or resulting from any matter or thing connected
<br />therewith or ar is ing therefrom., to any person or property, he will pay and liquidate the
<br />same at his own expense, and assume the liability therefor, and in the event of any
<br />c la im or c la ims being made or any action or action's being brought against the C ilry by
<br />reason or on dace ount of or growing out of said work or its construction, the said con-
<br />tractor will at tkx his own expense defend the same, and will pay -any judgement recovered
<br />threein, and will in all respects full indemnify and save, harmless said City, its
<br />officers, agents, or representatives fom all costs, ex ease, payment Sr judgement recovered
<br />in connection with such 'claim or claims,, action or actions. And it within ten days
<br />after any such action is begin, the City shall notify the contractor of the pendency
<br />thereof, then any judgement rendered against the City shall be conclusive, against the
<br />contractor and against the surety on his construction bond, as to the amount liability
<br />and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such
<br />repairs as may be -necessary 'for the period and in the manner as fixed by the specifications
<br />i.nd to secure the maintenance and rep",ir thereof to file with the Board of Public
<br />Yorks abond with suff is ient surety theeeon and in an smount as Mixed by the spec i-
<br />f ications. And in doing such repair work the contractor and the surety on his guarantee
<br />bond shall be subject to the same liability to theCity and to any other person for any
<br />injury or damage to any person or property in the same manner and to the same extent
<br />as is fixed in the last preceding paragraith covering the construction work.
<br />Ahd it is further agreed by and between said parties that the acceptance
<br />of the work_ provided for in this contract, or the payment thereof, shall not constitute
<br />a waiver on the part of the _City of any of the provisions of this contract, 'not shall
<br />it release said contractor or the sureties on his bond for the faithful performance
<br />hhereof, nor shall the acceptance be prima facie evidence of the performance of any
<br />provision of this contract, except to the extent of aantitling the contractor to the
<br />contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or fur-
<br />nished to be used in the making of such improvement and in the performnee of this con-
<br />tract, whether stone or furnished for him, or his agent, assignee, suenessor or subcon-
<br />tractor, and the 'City may reserve mina out of any allowance made on any estimate irk favor
<br />of the contractor or his .assigns, or out of the amount due him or his assigns upon the
<br />completion of the, work, so much as may be neeessa_,y to pay all haboroers or material men f
<br />amounts due them for work done or materials used or furnished to be used in the perform-
<br />ance of this contract and the doing 8f said work, and the County Treasurer, acting as City
<br />Treasurer, may retain money collected from property owners assessed for said improvement
<br />to pay such debts or until the contract shows that they have been paid or satisfied.
<br />The contractor agrees to remove all rubbish, .earth, and unused material
<br />in the streets or sides threref upon the completion of ,the improvement or the repairing
<br />thereof.
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