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.u.blic Improvement Contract
<br />I l+.tiSh�'t;XT g- Made and entered into this.. �
<br />u 12�3.
<br />I 1 • •, i Y �. y weeb and bety
<br />T�3 y%� y v_vI il-' k!' �'-'-•-d'-il!-6'.��i t t +i - - ' -.�wrl
<br />Indi - G6l t o ®n omp$n, .
<br />1pf the Q017 .6 a al. sSt • J®se h..... State ot'......,.,Ind enns..:.��s.
<br />roforrad to sa the i1 :CO t:rsotOY'* O 1, ;and the fifty of South Bond
<br />0 Oct ty of St. Joseph, and Mate e#"JhdiaraL, by and through its Board of E lie.
<br />TorUp (erofps.fter referred to as the f r City* � � �under and by virtu of su "t of
<br />Qeiker,l Aasembly,of the -State of Indiana, e' ntitled "A Act 06mminsUmido
<br />IWI Q `potations a s approved March e, 1905, d all enft-t® and
<br />404
<br />Witnesseth, that, the contractor arvenattis and agrees to construct
<br />sidewalk on Medera Street from Keller Street to south line Of Morris Park
<br />Addition, in he City of South Bend, Indiana at, and for the following prices:-
<br />5650 sq. feet, of cement walk per sq, ft., ... ... , 4.15
<br />Grading per cu.- yd;. .95
<br />and to Perform aft worn in 4t9c�eetttio�
<br />dltions of ItilpmVement Re' soliftl m No..1096 .�.. , 9 3 •
<br />�e 44,ub marks. �. 1 2
<br />and the plans, profile and specifications on file in the o�c� Of �i€e:�epa;rtment ` � PtthYie o�� i�� sad
<br />resolution, plans, pprofile acid specifications are made a part herec .as fully and 1 11 1P,i* sta ff +copied and
<br />set out'here'in at full -Length.
<br />The contractor further expressly covenants and agrees that fn tile- �rosecu#Ac�aiti pf g2� Work all proper
<br />skill and Care { hill be exercised; that he will proper'y �r a. d.1 o`ect all excavations and dangerous places,
<br />and *�i11 use al4 due and proffer precaution to prevent injury to ar_y person or proaertv:.that in the event �f
<br />.Z ,y Iiijiiryor da.ma.ge resulting from the w:r'-_ or resulting fr..orn env matter or thing Connected therewith or
<br />ari si;if; therefrom, to any person or prooky,.he r 4ll nay ar.*l iicuidgte the same at his own expense, and as-
<br />91urm; the liability therefor, and irk the event of any claim or claims being made or any action or actions being
<br />brought against the city by reason or on. account of or growing out of sn.id work or its construction, the said
<br />contractor will at his own expense defend the same, and will pay anyt dent recovered therein, and .will in
<br />all respects fully ixidetnn and. Wives from it
<br />r save harmless said city, its c►fficers,, a esttS or tepr
<br />expense, payment or, 'tOg inent recovered~ in connectioxi with such claim br claims, action .or actions. And i Within let; days after err r such actt'on is begun. the. crty shall notifp the contractor of "the Lienctenev thereof,
<br />the any' judgment rerec}ered against the rite shall be conclusive a' the contractor an$ � tie surety
<br />pis' is roasuuct4m bead, as to tb� 'aniouht• liability and other matter* pertaining iheret
<br />'Pule :the contractor re" to suai-stain said inrrpprrvvement az,'d puari e such repairs as may Le necessary _
<br />the et od art$ in the utariaatas tried by like W-Cl icatious, and to secure the maintenance and re air thereof
<br />C with tilt Board of Public Works`at bond with sufficient surety, thereon of d in an ainotznt as �ixed by she
<br />spiercations, And in doing buck repair work the contractor and the surety on his guarantee bond shall be
<br />hblect to the same liability to the city and any other person for any injury or dsinage to any pers4:m or prop-
<br />erty in the same maixner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struetion work.
<br />And it is further agreed by andbetween said cart-s 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 provis-
<br />lons of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform=
<br />Alice thereof; nor shall the acceptance be prima facie evidence of'tlie performance of arty provision of this
<br />contract, except to the extent of entitling the contractor to the contract trice therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used In the making of
<br />such Improvement and in the performance of this contract, whether done or furnished for him, or his ag@nt,
<br />a60i.gltce, successor or subcontractor,- and the city may reserve out of any allowance made on, any estimate
<br />In favor of the contractor or 14- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so rnuct.-as may ,.cessary to pay all laborers or material men for amounts due them for
<br />Aopo or i naterials used or furnished to be used in the performance of this contract and the doing of
<br />old wash, ono the count; treasurer, acting as city treasurer, zaag retain money collected from fro Vi ens assessed tar said maprovement to pay such dei't ` tmji# than contractor shows that OW have he&
<br />-ORld W satisfied
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