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THIS AGREEMENT, Made and entered into this ---------------- 1.4th-------------------- ------------- day'
<br />of ----------------- Duna--191------------------------------- IR --------- by and between Staples &
<br />Ackerman
<br />of the County of ------------ St-: --- j -:and State of-------- -----# xta:---------------------------
<br />In',
<br />(hereinafter referred to as the contractor"), and the City of Sou then, 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 construet pipe sewer on
<br />Clever Street from St Joseph Riv r. to Mishawaka Avenue, in the Ciy
<br />ef'x South Bend, Indiana. _
<br />,I
<br />at4nd for the following prices:—
<br />12 1n. feet of 16" cast iron pipe, per tin ft...... $4.50
<br />513 lin. feet of 15" pipe sewer, per lin ft....... 1.8e
<br />1265 tin. feet of 12" pipe sewer, per lin ft.;.... ..1.70
<br />250 lin . feet of 8" pipe sewer per lin ft.. ...,....0 .60
<br />1540 1in.._-feet of 6" conduit pipe, per lin ft........ .80
<br />51.2 lin feet. of manholes, per ft. in depth.......... 4.00
<br />10 storm water grates, each ........................ ...6.00
<br />5 manholes, curbs and covers, each....................12.00
<br />4« ,2" X 81 ffo4s, each..... ....:................ 5.00
<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. -------523 _____ ________ adopted by the Board of Public Works.___ Y-__1rj-:_ �171
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, w ic-- sa dlresolu-
<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 j
<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 />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 all laborers or material men for amounts due them fo'r ,work done or materiels
<br />used.or furriiahed to be.used in the performance`of this contract and the doing of said work, and the county trees- i
<br />urer =acting as city treasurer, ni.ay retain money..coilected,;from property owners .asses`sed for s4id improvement: .
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