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<br />Puiilic Improvement Contract ,r k
<br />THIS AGREEMENT, Made and entered into this_. _-- -.__2 —_da r
<br />of------ --------- - -- ----- --- ---- 19 ---T_ by and between We H. Berke
<br />of the Count of --- .-�c�se. and State of----- --- - Ind— ------ ------
<br />y ph'- -- ---- - ---
<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 />vto 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 ntucA water con —
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<br />it�reet intheCeettoi
<br />xeior?on Cglvert Streetfr®m ilia s r3
<br />r of outf;C end,. Ind fa13s
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<br />or
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<br />at Ad for the following prices:
<br />14 tape on short side at each, ....... ....... 18.77
<br />5 tape on . long side, at each........, ..... .., 24.8o
<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. ----_-._--5.1,p---------, adopted by the Board of Public Works --- Ag 117s Lg17
<br />and the plans, profile and specifications on file 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.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill
<br />andcare 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 theevent 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. y
<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 besubject
<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 1
<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, assignee, s
<br />successor or subcontractor; and, the city may reserve"out of any -ahowanee made on any estimate,n-favor_of"the; _
<br />contractor - or his> assigns, or, out of the amount- due him or his assigns upon the-compleuon of the work, so
<br />much as nay, be necessary to .pay all_laborers or maternal men for; amounts due them for work done or materials
<br />used or fuzn�shed to be, used"in the. performance of this contract acid tie doing of said work, and the county teas- .
<br />aett g as city treasurer;, may retain-inone collected'froA property owners assessed .for said.unprovement
<br />p-;rnntrartrir c anacic tlhar �11eV=h ve been --dal or satlsfi s, s
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