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584
<br />of the County of_ ------ S-t.--J-peopk------------------------ and State of-----------ind I an --- --------------------
<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 eoxstruct grade, curb
<br />axe walk wn Doxald `Street from Miami Sheet to Higk Street,. ix -tke .:City
<br />offtk 3ead, Ind idxa.
<br />at and for the following prices:
<br />2374 lix ft. of ourbiag, per lin ft.............. .19
<br />. 2060 cu. = yde. of grading per $u.. yd.. .32
<br />10820 sq. ft. of s1dewalk, per, sq. ft.......... 0 .09
<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.------50S------------------ adopted by the Board of Public WorksApr_ l-_: 1-1t -k--917,
<br />and the plans, profile -and specifications on file in the office of the Department of Public Works, which said resou
<br />-
<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 />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. L 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 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, as
<br />successor "or subcontractor;,'and_the city,may; reserve out of "any allowance made on, an. y estimate m':favor: of the
<br />t coTracor'' orhis assigns, or lout of the amount " due him or ,his assigns upon ";the completion of ;the work, so:
<br />` mach as :may. be necessary, to pay all laborer's or material men fox; amounts due .them for`, work done "or mat enals
<br />l_
<br />urer, ac�a city treasurer"; in
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