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<br />PUBLIC IMPROVEkENT CONTRACT.
<br />THIS AGREE1,--EN T, Made and entered into this 27th. day of April 1917
<br />by and between William Burke of the Coutny of St Joseph and State of Indiana
<br />( hereinafter referred to as the " gLontractorm"), and the City of South Bend,
<br />-in the County of St. Joseph, and State of Indiana, by 6hd through its Board of
<br />Public Works, ( hereinafter referred to as' the "' City", ) under acid by * virtue
<br />of an Act of the General Assembly of the State of Indiana, entitled " An Act Concern-
<br />ing Municipal Cororations, , approved March 6,1905, and all amendatory and supple-
<br />mental sets thereto.
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<br />W itn.esseth , that the contractor covenants and agrees to constructwater
<br />connections in Corby°Street from St. Louis Blvd. to Niles Avenue, in the City of
<br />South Bend, Indiana, at and for the following prices:
<br />gx 4 connections on long side ......................$24.00
<br />16 connections on short side ..................... 17.75
<br />And to perform all work in the prosecution of said improvement under and
<br />accordi4 to the terms and conditions of Improvement Resolution No. 498, adopted
<br />by the Board of Public Works March loth. 1917, and the plans, profile and spe'o i-
<br />f scat ions an file in the office of the Department of Public Works, which said resolu-
<br />tion, plans, profile and . spec if is at ions are made a part hereof xxd as fully and
<br />effectually as if copied and set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prose-
<br />cution tsaid wdrk all proper skill and care will be exercised; that he will pro-
<br />perly guard and protect all excavations and dangerous places, and will use all due
<br />and proper precaution to prevent. injury to any person or property; that in the
<br />event of any injury or damage resulting from the work or resulting from any matter
<br />or~thing connected therewith or arising there from, to any person or property,
<br />he will pay and liquidate the same at his own expense, and assume the . liabiltiy
<br />therefor; and in the event of any claim or claims being made or any actionor actions
<br />being brought against the City by reason or on account of or growing out of said work
<br />or its construction, the said co -tractor will at his wn expasee defend the same, and
<br />will pay any judbement recovdred therein, and will in all respects fully indemnify
<br />and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgement recovered in connection with such claim brclaims
<br />action or actions. A31aL if within ten days after any such action is begun, the City
<br />shall notify the contractor of the pendency thereof, then any judgement rendered
<br />against the City shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to the amount, 1 iab it it y -and other matters pertaining
<br />thereto.
<br />And the: contractor agrees to maintain said improvements and made such
<br />repairs as may be necessary for the period and in the manner as fixed by the spec i-
<br />f ications, and to secure the maintenance and repair thereof file with the Board of
<br />Public Works a bond with suff icent surety thereon, and in an amount as fixed
<br />by the specifications. And in doing such repair work the.contractor and the surety
<br />on his guarantee bond shall be subject to the same liability to the City and any
<br />other person for any injury or damage to any person or property in the in the
<br />manner and to the same extent as is fixed in the last preceding paragraph covering
<br />the construction work.
<br />And it is further agreed by and between said parties that the acceptance
<br />of the work provided for in this contract, or the payment thereof, shall not consti-
<br />tute a waiver on the part of the City of any of the provisions of this contract,
<br />nor shall it release said contractor or the sureties on his bond for the faithful
<br />performance thereof; nor shall the acceptance be prima facie evidence of the performer
<br />of any provision of this - contract, except to the extent of entitling the con-
<br />tractor to _the contract price therefor.
<br />The contractor agrees to pay for }labor and materials used or furnish
<br />ed to be used in the making of such im rovement and in the performance of this
<br />contract, whether done or furnished for him, or his agents, assignee, successor
<br />or subcontractor; and the City may reserve out of any allowan ce made on any
<br />estimate in favor of the contractor or his assigns, or out of the amount due him,
<br />or his assigns upon the completion of the work, so much as may be nee ssary to
<br />pay 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 and the doing
<br />of said work, and the county treasurer,.actng as city treasurer, may retain money
<br />collected from property owners assessed for said improvement'to pay for such debts
<br />or until the contractor shows they have been paid or satisfied.
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