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544
<br />of- ------------- may ----=-------------------------------------------- ig--17- by and between L. H. Webster
<br />of the County of------- St. _Joseph -----------------------and State of_ ..... Indiana.
<br />----------------------------------------
<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 construct pipe serer, in
<br />and ,along 'KlinCjand Calvert Streets fromLincoln Way -East to Vernon
<br />Street, .In the City of South Bend, Indiana.
<br />at and for the following prices:—
<br />810 lin. feet of 15" pipe sewer, per lin ft............1.60
<br />1125 lin. ft. of 12" pipe 'sever, per lin ft............ 1.40
<br />350 lin. ft. of 8" pipe sewer, per tin ft. .50
<br />1028 lin. feet of " eanduit -pipe, per tin #'t......... , 60
<br />59 lin. ft. of manholes, per lin ft...................... 5. Oa
<br />16 storm waiter grates, each ............. 5.00
<br />5 manholes, curbs and covers, each....,................12.06
<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. ------ lj4a------------------ adopted by the Board of Public .Works-- a_-23r"d-,.1� �.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said re
<br />u-
<br />tion, plans, profile and specifications are made apart 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 personor property; that in the eventofany 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 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 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 />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 o _ any alTowa ce made on any estimate, m favor .of the
<br />;_cQntractor or ?hts, assigns; or out of the .'arnount due: him or his . _assi ns._ upon ;the completion of the=work, so
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