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of the County of ---------------- st-•---jos_eph --------------- and State of---------Ind_iana---------------=--------------
<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, 19o5, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to cons true t sewer in Bowman
<br />Street from South East Addition. to Leer :Streetm in the City of South
<br />B end, Ind iena.
<br />at and for the following prices :-
<br />225 lin. ft. of 12" pipe sewer, per lin ft............. 1.60
<br />340 lin. ft. of 10" pipe sewer, per lin ft............. 1.4o
<br />100 lin. ft. of 8" pipe sewer, per_ lin ft. ............ .45
<br />400 tin. ft of 6 pipe sewer., per lin ft. .50
<br />22 manholes, per lin ft...........:.................... 4.00
<br />4 storm waster grates, each ........... ..... .......... 5.00
<br />2 manholes, curbs and careers.. each........... ...... ..11.00
<br />and to perform all work in the prosecution of said improvement under and according to the terms and conditions
<br />of Irqprovement Resolution No.----------516------------- adopted by the Board of Public Works Air it-- 24 -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 />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 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
<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 bonds 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 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 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 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
<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 />. t improvement and in the. performance of this contract, whether done or furnished for him, or his agent, assignee,
<br />successor or subcontractor; and the city may reserve out of any allowance made on any. estimate in favor of the
<br />contractor or, his assigns, or out of the amount due_ him or his assigns upon the completion of the work, so,
<br />ff much'as may- be his,
<br />to pay` all laborers or material men for. amounts. -:due them for work done or materials
<br />f used o"r furnished to be used. -in
<br />the perforinance.of this contract and the doing of sa d-work, and the county freas-
<br />urer, acting sas city,treasurer,inay, retain money collected from property°owners a-ssessed for said improvement
<br />to pay such debts or until.the contractor shows that they: have.been paid or satisfied. i
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