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blue I provement <br />16 �a GUtered znfi 1,h. <br />J 4;s,;_I'd s f5►Iri. s and betra" <br />Gust F. Santry Company <br />ailits®iUrs►l ►�sa•rr P111d State of...4_.•���tt ..Illinois f1z�'� '��� � <br />'$� �� the.'�sContractor".�, a $ �� � <br />1-1 <br />�� �� • ��,�� � � State of Indiana., b� 8 $�� � . � 0��tA %V l�� rod to as the ` f Git 's <br />) , <br />fit <br />Ot Q SUtO Of Indiana., entit l "An "t 6604 <br />OW-MYOd YlArCh 6, 1905, and nth i <br />witnesseht,, that the contractor covenants and a9fees to construct <br />pipe sewer on North Sbore Drive and Marquette Avenue from Iroquois Street to <br />Parkovsh Avenue°and on Parkovash Avenue from Iroquois Street, to Marquette <br />Avene in the City of South Bend, Indiana at and for the following prices;- <br />590 lin. ft. of 15 inch sewer per lin ft. $2.40 <br />1295 lin ft. of 12 inch sewer per lin ft. 1.90 <br />640 lin. ft. of 8 neh sewer, per lin ft. 1.20 <br />836 lin. feet of 6 inch sewer per lin ft. 1.00 <br />54.4 lin ft. of mnholes per lin ft. 7.50 <br />19 storm water grates, each 12,00 <br />6 manholes curbs and covers, each 20,00 <br />drop manholes complete 75.00 <br />ii-nd to per f otin all work in the prosecution of said improvement under and according to the terms and eon, <br />ditions of. Improvement Resolution No. .....123.3------- -., adopted by the Board of Public Works._ July ' 3 s,1923 • <br />and the plans, profile and specifications on file in the office of the Department of PubR Works, which said <br />resolution, plans, profile and specifications are made a part hereof as fully and effectually, as if copied. and <br />act out herein at full length. <br />'the contractor further expressly covenants and agrees that in the prosecution of said work all proper <br />skill and care tiri:l be exercised; that he will proper'_,; ?T' a--d T' meet all excavations and dangerous places, <br />and � �±11 use all due and proper preca,,ition toprevent injury to ~ry person or property; that in the event of <br />any injury or damage resulting from the Suor' or resul*_ira from any m,t*_er or thing connected therewith or <br />arising therefrom, to any person or property, he nay arm liquidate the same at his own expense, and as- <br />sume the liability therefor ; and in the event of any claim or claims being made or any action or actions being <br />bro ,ght against the city by reason or on account o€ or growing out of sad work or its construction, the said <br />contractor will at his own expense defend the same, and y;rll pay any judgment recovered.)herein, and will in <br />all rsspects• fully indemnify and save harmless said city, its officers, agents or representatives from all cost, <br />expense, payment. or .judgment recovered in connection with such claim or claims, action or actions. And if <br />within ten days after any such action is begun, the city shall notify, the contractor of the pendency thereof, <br />thin any judgment rendered against the city shall be conclusive against tne. contractor and against the surety <br />on his construction bond, as to TbF amount, liability and other matters pertaini-_g thereto. <br />e cyrjozvctur agrees to maintain said improvement ai:G i:ial,e such repairs as May t <br />the period a.nd in the manner as fixed by fhe wtifications, and to secure the maintenance and repair they <br />to fate with the Board of Public. storks a bond with sufficient surety thereon and in an amount as fixed by tL <br />specifications. And in doing such repair work the contractor' and the surety on his guarantee bond #half t, <br />sOject to the same liability to the city and any other person for any injury or damage to uny peratin or prop- <br />erty to the same manner and to the same extent as i§ fixed in the last preceding paragraph covering the aon- <br />struction work. <br />And it is further agreed by and between said 1,arti.es that the acceptance of the work provided for In thls <br />contract, or the payment thereof, shall not constitute a waiver on the part of the -city o any of the proviK= <br />imis of this contract, nor shall it release_ said contractor or the sureties on his bond for the faithful perfotth= <br />atone thereof; nor shall the- acteepfance '6*, p frig-facie`evidenee of the perforshsnct of any provision of this <br />Contract, except to 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 <br />euch improvement and in the performance of this contract, whether done or furnished for him, or his agent, <br />as 4gn", successor or subcontractor-; and the city may reserve out of any allowance In&& 6 ! any lstinMte <br />in favor of the contractor or 1''= assigns, or out of the amount due him or his assigns upon the compiation <br />of the work, so rnuci-. as ma,- -cessary to pay all laborers or material itsen for amount# due them for <br />work clone or materials used or furnished to be used in the performance of this Contract and the doing iW <br />said %i Qrx, and the county treasurer, acting as city treasurer, raay retain mdaey colleted from Property <br />ONYrIers assessed for said improvernent-to pay such dents or ut.til the.Contractor show o that $boy 14va.been <br />f <br />