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WITNESS our hands and seals this ......... 24th. ---.day of_.___-_---- 1.'�2 1�....,...
<br />American Surety CoTepany of New York
<br />i�tbar#r--R� c L) ................. ..$ohan..&J?.m" ----,..........(SEAL)
<br />President By M4 J. Roach
<br />.---_.- ..... .................. _(SEAL)
<br />The al�ovb've4t R'i�sl+nt Secret�arda of...,. _...
<br />ALBERT F. HONER
<br />Board of Public YVorl*
<br />PUBLIC IMPROVEMENT CONTRACT
<br />This agreement, Made and entered into this 2nd. day of June 1923
<br />by and between -Alex Bukowski of the County of St, Joseph and State of Indiana
<br />(hereinafter referred to as the " Contractor"), and the City of South Bend, in the
<br />County of St. Joseph, and 'State of Indiana, by and through ibis, Board of Public Works,
<br />(hereinafter referred to as the " City"), under and by virtue of an Act of the
<br />General Assembly of the State 6 Indiana, entitled " An Act, Concerning Municipal Cor-
<br />porations, " approved March 6,1905 , and all amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor coven&nts and agrees to construct
<br />Grade, curb and walk on Division Street, Huron Street, Ford Street,. Dunham Street,
<br />Sample Street, Dundee Street, Camden Street, from alley east of Camden Street to alley
<br />crest 6 Dundee Street,, and Dundee street, Camden *reet from Division Street to
<br />Sample Street,, in the City of South Bend, Iridiaha, at and for the follewing prices:-
<br />67.768 sq . ft , of. cement walk per sq #`t ....,...... , ....17
<br />Y�
<br />11,671 cu.. yds. of grading per cu. yd . » , .. ...:.. .76
<br />a iiu to perform all worts in the prosecution of said improvement under and 4tccording. to the terms and con-
<br />41itions of Improvement Resolution No. _1184 .......... adopted by the Board of.lPublic Works.....,�__�.......,
<br />and. the plans,,profileand specifications on file in the office of the Department ,64 . ul}lie '*Vofks, which said
<br />resolution, plans, profile and specifications are made a- part hereof as fully and -reffectually as if copied and
<br />,set out"herem at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care will be exercised; that he -��'1 prope• '7 . ��-: n -1 p 3:^^` all: excavations and,dangerous, places,
<br />and will use all due and proper precaution to prevent injury *.o :ry person or,prnn:!rty; that in'the event r
<br />an injury or damage resulting from the wor'- or resliltirg from a. v matter or thing cotinected ther6*t or
<br />artstng therefrom, to an� person or property, he v4ll pay ar.a liquidate�.the same at his 9w*Vx9rnse, an s-
<br />sume the liability therefor; and in the event of any claim or claims being made or any action oi- actions b ng
<br />brought against the city by reason. or on account of or growing out of s,.id work or its cons-truction, the;- aid
<br />contractor will at his owls expense defend the same, and will pay any judgment. recovered therein, and Vvill in
<br />Il respects fully in
<br />and save harmless said city, its officers,..agents or -representatives from all cost,
<br />expense, payment or judgment recovered in conriect�on with such claim car.claixns, act ion or actions. And yf
<br />within ten days after any such action is begun, thei shall-rrotify the contractor of thg pendency thereof,
<br />rn any judgment rendered'against the city shall be conclusive against the contractor and against the surely
<br />n %. construction bond. as to the amount, liability and other matters pertaining thereto.
<br />1 >.. i. .:a•'.; E6.b, _: i...: ET li�.,l . P.$ 1ti 1.. i =�1.'i $&a-. . r:.. ..__ .... _ � :. (.;..,.:� .:.:: -_: ;:� ..: ;�:.. �.-,-.
<br />the period and in the manner as fixed by the snPcihcations, and to secure the Maintenance'pd repair ther;:,i
<br />to a with the Board of Public Works a bond with- uf'icient surety thereon and in an amount as Lt d by be
<br />Specifications. And in doing such repair work the cckitractor and the surety on his guarantee bond shall b@
<br />subject to the same liability to the city and any other person for any injury or damage to any perstin or prop=
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the cons
<br />utruction work.
<br />And it is further agreed by and between said pasties that -the acceptance of the wont provided for In thf®
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis=
<br />ions of this contract, nor shall it release said ccntractor or the sureties on his bond for the faithful perform=
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />,tontraet, a eept to the extent $f entitling the contractor to the contract rice therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the malting of
<br />:auch improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may .reserve out of any allowance made on any estimates
<br />it favor of the Contractor or h+c;assigns, or out of the amount due him or his assigns upon the completion
<br />Of the work, so much as may �cessary to pay all laborers or materisu men for swounts due them for
<br />work done or materials used or furnished to be used in the performance of this colittset and the doing of
<br />said work, and tripe county Areasurer, acting ascity treasurer, may retain money eollo:ted from property
<br />owners assessed for said improvement to pay such debts or.uutil the Contractor Shows that they hive been
<br />Paid or`satisfied
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