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ed.
<br />of the County of----------- C-@xJ£ ------------------------------------ and St -ate of_ -------------- 11,1X® %--------------------------
<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 imipr.ve Leer Street
<br />from Lixvelx Way East to South lixe. of Calvert Strec; ix the City of
<br />South Be -Ad, Ixdiaxa.
<br />at and for the following prices:
<br />1100 fix. feet. of curbing per lix ft.............. • ...$.25
<br />2285 au. Ards. ' of grailing, per cu . yd.:................ . .65
<br />12 stern grates, each.................................7.50
<br />275 lix. feet of cexduit PiPbv per lix ft............. .7
<br />Resett ixg 27 i 1*ts, each .............. , ............ 2.00
<br />Resetting 7 VanhslOss eaek. ...:.... ..................2. 00
<br />400 lix. ft. pf xargixal° ourb, per lix _ft..-.... ... ... .25
<br />7300 sq, yds. of Trixidad Lake Skoet Asphalt pavem*xt
<br />per sq. yad....................... , ....1.85
<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.-----497----------- ---- adoptedby the Board of Public Works-- reh_--fth-2-9�7
<br />and the plans, profile and specifications on filein.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 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 />afld 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 shall be subject
<br />to the same liability to the city and any other person for any injury ordamage 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 theworkprovided 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 of 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 materials 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 agent, assignee,
<br />' successor 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 out of the amount due, him or his assigns upon the completion of the work, so
<br />much as may be necessary to pay all laborers or material men for 'amounts' due them for wok done or materials
<br />use&or furnished to be used in the performance of this contract and the doing of said work, a" ,county treas- -
<br />urer,, acting as city treasurer, may retain money collected from -property owners assessed for's id improvement
<br />to pay such debts" br until the contractor shows that they have been aid or sans w___
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