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<br />THIS AG-kEEMENT, Made and enteredinto -this_.__ _____19t
<br />---------------------------------------- day
<br />of --------- ----- Nay ---------- M ----------------------------------- im9--1-7-, by and between H. N. Barnes
<br />ofthe County of ------- S tt_.�Jmt� ------------ -- ----and State of ---------Trid Uns - --------------- -------------
<br />-------
<br />(hereinafter referred to as the "Contractor"), - and the City of South Bend, in the Count-n--t-y- ---- o- f-
<br />St. Joseph, and State oflriAiana, by and thriough, it-6 Board of Public Works,- (hereinafter referred
<br />to as the "City"), under and by virtue of an Act of the General Assembly of the State of Indi-_
<br />ana, ent
<br />itled "An Act Co'ni-c-erning Municipal Corporations," approved March 6, i9o5, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth 'that the contractor covenants and agrees to construct grade, curb and w
<br />Gn o ing Avenue from kiami Street t 9,"W. -line of 0& k:-.-Park Add t ions ln,t7ae c1t
<br />of Bend,, Ind ia na
<br />at and mfor the following prices,-
<br />2676 lin., feet of curbing, per lin ft. $.23
<br />15>70 Cu, girds - of grading., per cu. yd.... .55
<br />1:1,600 sq. ft#' cement walk, per sq., ft. 910 Oft We 0 09
<br />and to perform all
<br />of S work in the prosecution said improvement under andd-according to the terms and conditions
<br />h. -A-917
<br />of Improvement Resolution No. . ------ ------ 5D9 ----------- adopted by the Board of Public WorkSPA ; !Al __ . 11t------- -
<br />and the plans, profile, and specifications on Lfile in the office of the Department of Public Works,, which said resolu-
<br />Lion, Lplans, profile and specifications are made a part hereof as fully 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, L 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 liabilitytherefor; and in the event of any claim or claims being made or any action or actions being brought against the
<br />city by reason or on account of or growing out of said -Work or its construction, the said contractor will at his
<br />own expense defend the an
<br />d nd will'pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save -harmless said__City, its officers, agents o L r represent M atives from all cost, expense, payment or judgment
<br />recovered in connection With Such claim or claims, action or actions. And if within ten days after, 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 improvemeAt and make such repairs as may be necessary for the
<br />fixed period and in the manner as by the specifications, and to secure the maintenance and repair thereof to file
<br />with -the Board of Public Works �a bond with su cient 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 guarant ' bond Shall -abe-subject
<br />L
<br />to the.same liability to the city and any other person for any injury or damage to any personoor property in the'
<br />same manner and to the same extent as -is fixed in the-lmt preceding paragraph covering the construction work.
<br />And it is furthef.-agreed,hy and between said parties that the acceptance of the work provided for in: this
<br />contract,,or the aym_ent thereof, shait'not constitute a waiver on the part of the city of any of the provisions of
<br />this contract, riot shall it release said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall,the acceptaike 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 L price therefor.
<br />The contractor agrees to pay for all labor. and materials used or furnished to be used in the makingof such
<br />_
<br />improvexrient and in the performance of done or furnished Lfor him, o his agent; -assignee,
<br />successor 01 , inay -reserve out;of J' y-6S-,dm-ate.in.,,avof- fA
<br />or subc6ritr - ty , a 4nyallb*itfice, m_ 'a; e Q]
<br />C r h o -t
<br />-n%m-of -6. 4-Jhe.,ai�ounti L w6rYSo_.: .
<br />letlon he,
<br />
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