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<br />Public Improvement Contract
<br />THIS AGREEMENT, Made and entered into :this ___-_ __--__ Wit. _____ _________ ________day
<br />of_------------ 191 --------------------- 19------- by and between Tko West
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<br />t�oxstruct ion Company
<br />of the County of-------------S_t.__-J_sm*pb-------- -------and State of ------------ I.diavA---------------------------- -
<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 agrees to improy• Barr i on,. Aveaue
<br />frow Li3aeoln Way West to Fuerbringer'.Street, in the City'. of South Bead,
<br />Ind iaxa .
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<br />at and for the following prices:—
<br />463 cu. yds. of gradi-vg per cu. yd.................. ,70
<br />Resetting 2-inlets, each ............................ 1.50
<br />Resetting 1 manhole, ... 90 1.50
<br />38 lix. feet of marginal eurb, per lip: ft...... , .... .25
<br />1770 sq. yds. of Trixiaad Sheet asphalt pavement
<br />per sq. yd....................... .. 187
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<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. -- _--_-----4-5-_-------, adopted by the Board of Public Works--Fehuar:.Y--27,-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 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, and will j
<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 j
<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. j
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the l
<br />period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file 1
<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 />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 o£ this contract, except to
<br />the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for -all labor and'matenals. used or furnished to be used_in the-making;of such
<br />improvement and -in the performance of this contract, whether,done.or furnished for him; or his Rgent� 'assig
<br />s: cce_ssor or subcontractor; and the city may reserve out of any allowance made:.on any estimate m favoof t :e
<br />tractor or" his assign"s, or -out of the amount due .him ohis assigns upon- the completion of the work,`so
<br />I ch`as may, be necessary to pay all laborers or material men or amo"m due them for work done or,materials'
<br />w ' d or`furmshed to he used in the performance of this contra' and the dome of said_:work, and the county treas- _
<br />virer; acting as city, treasnser; may retain money collected from property awn�rs assessed for said improvement
<br />to paXtEh, s or°intil the contractor shows that they have been'paid or satisfied
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