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<br />ofthe County of----------- — ----J ®s � ph -------------------and State of_----I»d I'm •-----------------------------------
<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 contractorcovenants and agrees to impr eve VaT ious Streets
<br />in the C its bt c e struot ion of gr de, curb and walks.
<br />at and for the following prices:• -
<br />Curb ixg. por lip ft ................... .....*"Olt* 027
<br />Graol ing, per cu. .Y4.......... 0 ............. .... .6o
<br />Cement walk, :per sq. Ltd ..........................l2
<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 ---------- 499------------- , adopted by the Board of Public Works_ rOh _27:_�917
<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
<br />use all due and proper precaution to prevent injury to any person or property; that in tht 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 daysafter 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 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, not shall it release said contractor or the sureties on his bond -for the faithful performance thereof;
<br />not shall the -acceptance be prima facie evidence of the performance of any provision of this contracts except to
<br />the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees ;to pay for all labor. and materials used or furnished to be used in the making of such
<br />impr�ement and zn. the performance. of this contract, whether done or furnished for -him,: or his agent, assignee,
<br />su'ccesso'r-or subcontractor; and the city may reserve out of any allowance made on any. estimate -in favor of the
<br />_;contractor or his. assigns, or",outof the amount :.due him or his assigns upori'tht., mpletion of the work, so
<br />much as:rnay lse necessary to pay -ah laborers or material men for amounts due them for work done or materials
<br />used or furnished to be -'used in the'perfotmance of. this contract and the doing of said work, and the county treas
<br />urer, acting ,as, city treasurer;: inay retain, money collected from :property owners assessed for said improvement
<br />to nav such. deht`s or until the contractor showsthat they have been; oaid or;satsfied.
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