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597
<br />Tuesday May 29th. ,1917. C ont inued .
<br />THIS AGREEMENT,
<br />Made and entered into
<br />this________ _________23T4_,___._____
<br />__,__.___ __-____day
<br />of----------- may- 1917.--------------------
<br />-------- 19---------
<br />by and
<br />between
<br />W H. ;Burke
<br />of the County of------------------------ ------ S , Jose_pband State of, -------------- Ind ia--ns.._ _
<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 />to 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 c onstruct water and sewer
<br />extens ions __ ,if
<br />c o ect ions on Leer Street fr om LInc oIn Way ast"to shirt-strsst
<br />iz ,he t icy 6f S out Bend Indiana.
<br />at atd for the following prices:
<br />23 taps on short side, each. ..... ..$18..77
<br />16 taps on long side, $ach.._..... 24.75
<br />3 sewer taps extendd4, each....... 9.00
<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],4�-------- -------- adopted by the Board of Public Works --- ,Apr_11__1_ _t1 _.1917.
<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 />and care 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 />i �from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability y-therefor; and in the event 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 1
<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.
<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 `'Yorks 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
<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 b and between said
<br />g y 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
<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.age ,-assignee,
<br />successor or subcontractor; and the city may reserve out of -any allowance made on any estimate m favor of the
<br />contractor or his assigns, or out of the amount due him or l z assigns upon the completion of the ` k,. so ?.
<br />much as tnay,be necessary to pay all laborers`or material men for amounts due"`them for.work'_done or m�t nals j
<br />used `of-,fur*islied;to. be.used in the performance of this contract and`the doing of said work, and-thecounty"treas-
<br />urer;' actin as city treasurer, may reta7n money collected from property 'owners assessed for said improvement
<br />to pay such debts; or until the contractor shows that they have been paid or satisfied:
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