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56.2
<br />of the County of_------- St.-- J®8eph--------------------
<br />_and State of-- ------ - -------------------------•----
<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, 1905,. and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agreeg to improve Broadway Street .
<br />fries. Ca,r oll Street to -High Street and Breatway: Street from; Lafayette
<br />Str4ot .to, Franklin Street, 'ix the City of South Bexi, Indiaxa.
<br />at Arid for the following prices :-
<br />2750 Iix. ft. of concrete stretcher block, per lix ft..,.$,14
<br />2751 cu. y4s. of grading, per cu. yel..................... .65
<br />1277 sq. y1s. of 6" extra concrete bet. ties no. bit.
<br />20 storm grates, each.........................:.;,.......7,5a
<br />510 fix. feet of conduit pipe, per lin ft...... . .... ...... .68
<br />Resetting 21 inlets, etch.... ... ....,... ...:......._.1y5
<br />Resetting 5 maxh.eles, Each.... ...... , .. ............1.5fl
<br />368 1-ix. f#,,--of,-marginal curbs per lix ft............... .25
<br />9312 sq. yZs. of M*xicax Asphaltic eemerete, per sq. 'yd.':1.56
<br />870 sq. yds. of Poston Block per sq. Ord................ 2.-24
<br />Add 14 cents for mortar cushiox.
<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. - --_--_�q 1--------------- adopted by the Board of Public Works--FAbr-Li�6ry---27y.� <}17.
<br />and the plans, profile and specifications��bn file in the office of the Department of Public Works, which said resolu-
<br />tion, plans, 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 allexcavations 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 />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 shill 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 />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 the sureties on his bond for the faithful _performance thereof-
<br />nor hall the acceptance `be prima facie evidence of the performance of any,provision of this -contracts- exeepIt to
<br />the -extent of entitling the contractor to -the contract puce therefor. `
<br />The contractor.agrees to payfor all labor and materials used or furnished -to be used m;the'making of such
<br />imp. rovement'and= in"tEhe performance of -this, contract,_ whether done or _ furnished for him, or his agent, assignee,
<br />successor or subcontractor; and'the'city may. reserve out of any allowance made on any estimate m favor'of the
<br />contractor or his. assigns, or ;out of .the amount due him,; or his assigns :upon the completion of'the work; so
<br />E much as x lay-_ be necessary to pay all.laliorers or matenal men for -amounts dike -them for work done or materials
<br />` used,or furnished to be used in the performance of this contract:and the doing of=satdwork, an"d the county -tress
<br />urer, acting as city ties""surer; mayretam:money collected from property owners assessed for -said improvement
<br />4 10 pay such debts or until the contractor s. ow& that theme have been paid or�satisfied _ _
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