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<br />of the County of ----------- S-t-•---Jose_ph -------------------- and State of ----------- Ind iama-.--- -------------------------
<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, 19os, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct pope
<br />suer on Fox Street from Miami Street to Leer Street, in the City of
<br />S of h Bend ; .Ind is na
<br />I
<br />at and for the following prices:
<br />796 lin. ft. of 12" sewer pipe, per lin ft......... 1.60
<br />340 lin. ft. of 10" pipe sewer, per lin ft........ 1,50
<br />1.80 lin. ft. of 8" pipe sewer, p yr lin ft,......_"... .6o
<br />784 lin. f t . of 6" conduit pipe, per lin f t , ........ .70
<br />42.5 lin. ft. of manholes, per ft. in depth... , .:., .4.50
<br />Storm water grates, each ........ ....................8.00
<br />Manhols, curbs and covers, each.....................12.50
<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--------- _S1,7-------------- adopted by the Board of Public Works ------ Apr-il; 24-,-1917.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said resold-
<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 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 -of any °allowance made on any estimate =in favor of the r'
<br />contractor or his assigns, or ; out of the amount due him ..or his assigns upon the completion of the work, so
<br />much as -may be: necessary to pay alFlaborers or, matee-_ inen for amounts due them for work done' or materials
<br />used or furnished to lie used in the performance of this contract and the.doing of said work, and- the county treas- j
<br />urer, acting as city treasurer, may retain money collected from.,property owners assessed €or said improvement
<br />to :pay such debts or until the contractor shows; hat they h�e,2een--;paid or satisfied = _
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