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of the County of ----------- t. Joseph------ --- --- -----and State of ------------ Indiana..----- -------- ------
<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 />V 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, i9os, and all
<br />amendatory and supplemental acts thereto
<br />Witnesseth, that the contractor covenants and agrees to construct Trunk sewer'
<br />acr se Woe>d Tract, from the St. Joseph River to Portage Avenue and.
<br />PortAge'Avenu* from Keller Street to -the -.north line 'of So at ion 34 Tp.
<br />38 N. R 2 E.:- known as the Portages Trunk Sewer, in the Cityr of South.
<br />Bend, Indiana,:
<br />at and for the following prices:—
<br />.2380 lin. ft. of 60" circular sewor, with Nate* Segmant
<br />block 2 ring per lin ft..........., ..........:..013.48
<br />1225 lin. ft. of 54° circular sewer, pith Natce Segment
<br />block, 2 ring per lin ft•....... .`, 12,3.5
<br />25 lin. ft. of ' 36" circular sewer, with Nate* Segment
<br />b lsekm 2 ring per lin fit.. • .. 0 .... , ...... • .... 9. 35
<br />1460 lin. ft. of 18" pipe seater, .per lin ft...... 3.35
<br />1080 lin- : ft. of.15" pipe seater, per, lin ft....:.. '2.80
<br />800 lin. ft. Of 8" plipe sewer, per lin ft....... .50
<br />2600 lin: ft. of 6" conduit pipe, per lin ft,.... .70
<br />220 lin. ft. of manholoe, par lin ft. , ............ 4.00
<br />29 storm water grates, Each.. .....:.. • ......... 5.50
<br />17 manhole, curbs ,�.nd covers, each. .........,.. 12000
<br />1 retaining wall cemnlCtc... .•••s••,+•••.•a•.•300.00
<br />2 junction chambers complete.. ............,...850.00
<br />and to perform all work in the prosecution of said improvement under and according to the terms an con rtions
<br />of Improvement. Resolution No. ------- 502----------------- adopted by the Board of Public Worksgar-ah28 h.-I9- 17
<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 />' payment or judgment
<br />and save harmless said city, its officers, agents or representatives from all cost, expense,
<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 inthe 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 provis one 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, contra ctor.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,, nr his agent, assignee,
<br />successor or subcontractor; and the .city may reserve outtof any allowance made on any estimate. m fadaT of the
<br />cfintractox ;or .lis,_.assgns, :or.: out of the a-rnounY ;due Eiini or =his assigns �tpo the cornp}etion of the work, so
<br />- - a. .r .1r�_ �.ts_i.£_-�.,.«1...�,.9:.0 ., w.atPrta4:r.
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