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<br />of the County of St. Jos*ph Idiee,xu.
<br />-- -and State of - --
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<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 Woiks, (hereinafter referred
<br />to as the "City"), under and by virtue of an Act of the General Assemh y 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 a oxstvuo t T)ip e Sewer is.
<br />Dei%ld 8tr`eet f ' em Viemi Street frx to Dale Ave &, "- ie ,the C it of South
<br />Be3i.il,` I tdiar-a.
<br />at aiid for the following prices:—
<br />455 lia. feet of 12" pipe sewer, per .lia ft............. 1.55
<br />100 lin feet. of 8" pipe- sewer, per lip ft.........; .... 050
<br />224 lie.. feet of 6" eonduit pipe, per lip f't.......... .65
<br />21.4 lie.. Feet of zaxholes, per` lin ft. ...... 4.00
<br />4 stern water grates, each .................. 5.00
<br />2 manholes, curbs azit covers, each.... , ..... ........ hl.:(i�
<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: ----- .. ___________ __ adopted by the Board of Public Works_'_.X$r-z- h- _2�_--�_Q1'�-
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said resoru
<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 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 rwithin 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, a's 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 of `any allowance made on any estimate in favor of the -
<br />ti contractor or,.is assigns, or out of the amount .due. him' or his assigns upon- the completion of the work; so
<br />much ,as may be necessaryao pay"all laborers or ma"terial men for amounts dne them "for :work done or ;materials ,
<br />used or furnished to'lie used in the performanceof this:contract and the doing of said' work, and `the county tre
<br />_
<br />urer,-actmg.asci"ty "reasurer; may retain money collected from property owners assessed for said improvement
<br />r tom. sy ch_debts_ or unti1L a con�t A- for shows."t • at:the have been na}d��t s tisfi�d
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