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<br />' -Public Improvement Contract ,
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<br />THIS AGREEMENT, Made and entered into this -------------- 25_t.h. _-_----------------- _.---_____.day
<br />of Apr ---1------------- -------=-, 19- 11, by and between L. H. Wfbste'r
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<br />of the County of- ---------- ;mot-.---J-os ph ------------------and : State of ---------Indiana-- -------- ----- =--
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<br />(hereinafter referred to as the "Contractor"), and the City of South Bend, in the County cif
<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 />Ina, 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 c ons t rue t pip e s ewer in
<br />Chestnut Street from Jefferson Blvd. to .Napier Street, in the City of
<br />a outh Bend, Indiana.
<br />at and for the following prices:=
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<br />475 lin. Feet of 12" ,
<br />pipe' sewer, per lin ft. , .:............ 1.27
<br />120 lire. feet of 8" pipe sewer, per lin ft............... .50
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<br />288 lin. feet of 6" conduit pipe, per lin ft.............. .60
<br />16,8 lin. ft. manholes, per lin ft................... , .., 5.00
<br />4 storm water grates, each. ............................... 5.00.
<br />2 manholes, curbs and covers, each........,................,10.Q�
<br />and to perform all work in the prosecution of said improvement under and according to the terms and conditions
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<br />of Improvement Resolution No. ___47-0 _______ _________ adopted by,the Board of Public Works_Aug-uS-t--- 15th._,1916.
<br />the 'file
<br />and plans, profile and specifications on 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.
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<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 hewillproperly 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
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<br />therefor; and in the event of any claim or claims being made or any action or actions being brought against the
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<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
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<br />and save harmless said city,its officers agents or representatives -from all; cost expense,
<br />, g p , g , payment .or.;judgment
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<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, thenany judgment rendered against
<br />the city shall be conclusive against the contractor and against the surety on his construction bond, as to the
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<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:
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<br />same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work.
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<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
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<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 aggent, assignee,
<br />successor may
<br />or subcontractor; and the city reserve out of any allowance made on any estimate JV favor of the -
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<br />contractor or his assigns, or out of the amount due him or his assigns upon
<br />much as may be necessafy�--to ;pad -all laborers ;or material men for amounts due them .for work done or materials
<br />used or furnished to be used in the. performance of this contract ar�d-�t-he,doiug of said work, and the ounty;treas-
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<br />urer, acting as city treasurer, -may xetai-n, money collected from; property ,owrners assessed for said improvement
<br />to -spay: such debts or until the contraetor..shows that they have;_ -een paid or satisfied
<br />.ontractor agrees toemove>all rul7btsk, earth; and unused:inatenal.in the streets or sides thereof upon
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<br />+he omnlet�nn -ove�rpaf1he_im mah��,,tli�e>Fgof
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