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542
<br />1-i lwiay 8t _ ,�19I7. Montinued.
<br />PuWit Improvement Contract . .
<br />THIS AGREEMENT, Made and entered into this_____ _________9________ ___,_____ ____
<br />----- ---- - -d'ay
<br />of f-------------------------- ---- 19 --- 1 , by and between $eber - P. Harter
<br />of the Count of ---- at�__Jcae ---and State of--------- i4d_ia,na------------ ------------------
<br />(hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of
<br />St. Joseph; and State of Indiana, by and through its 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, entitled "An Act Concerning Municipal Corporations," approved March 6, 19o5, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct pavement in
<br />Pekagon Street, Peashway Street, . Nap,41equ Street, St. J'Oseph Street, ..,..
<br />Ftster $treat and Stanfield Street,:' .a11 .in IHarter , H6 ights AAdd. it: on A
<br />the- City of outh Bend, Indiana,.
<br />v z
<br />at and for the following prices:
<br />2?710 sq. yds. of BiteAkag pavement,per sq. yd..:.. ,
<br />and to perform all work in the prosecution of said improvement under and according to the terms and conditions
<br />of Improvement Resolution No- ------ 50%------------------ -adopted by the Board of Public Works_APp l lop_1917•
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu
<br />tion, plans, profile and specifications are made apart hereof as fully andeffectually as if copied and set out herein
<br />at full length. 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, 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 liability
<br />therefor; 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 same, and will pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save harmless said city, its officers, agents or representatives 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 />i' And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the
<br />period and in the manner as fixed by the` specifications, and to secure the maintenance and repair thereof to file
<br />with the Board of Public Works a bond with sufficient 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 guarantee bond shall be subject
<br />to the same liability to the city and any other person for any injury or damage to any person or property in the
<br />same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />F contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of
<br />this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof;
<br />= nor shall the acceptance 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 price therefor.
<br />t The contractor agrees to pay for all -labor and materials used or furnished to be used in the making of such
<br />improvement and m;the performance of this contract, whether done or furnished for`hini, or his agent; assignee,,
<br />successoi or subcontractor; and the city may reserve out;_of any, allowance made ,ori any- estimate Yn favor.
<br />contractor or hsassigris; or of the amount -due -him or-phisassrg-ns upon tle completion of the.rvoxk, so::
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