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aid of the .,
<br />'ld to perform all work in.the prosecution of said improvement under and according - to the ternis and ccn
<br />d;tions of , Improvement Resollition N o. ------- adopted by the Board of Public Works.A1LgUs.t_,l.6 192
<br />and the plans, profile specific; --e in the office of the Department of Public Works, *10ch s&_
<br />resolution, plans, protle and specifications are made a part hereof as fully and effectually is if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants .-and agrees that in the prosecution of said work all p7o-o"
<br />skill ol d care be exercised; tbit he p-o-.)-,.-7-,r r a-d all excavations and dangerous plic-
<br />and use all due ard roger Vr2m,,ltion to liniti-v Iq iriy person or ti-it in �Ik- eve,;,,,
<br />aiiy injury or dam.--,- rzsultin,- from the v`:' or from ---)-v -.--tter Cr thp� ;n�onl ! th-rmvia,
<br />orisbrqg therefrom., to any perso�i or property, he v,�11'12v ar-i !;(,-,-.idate th-- 1�e at b;s ovm expense, andabe liability therefor; and in the event of anv claim or clairris b-eing made or any action or actions b-.�
<br />bi(;�ight agd;.rist the city by reason or on account of or growing out of _-.id v,,or'l or its construction, -1-I.1 S-
<br />contractor will at his own expense defend the same, and vrii I pay any judgment recovered therein, and
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. Ar
<br />within ten days after any such action is begun, the city shall notify the contractor of tie pent n - cv cher
<br />C
<br />then any judgment rendered against the city shall be conclusive against the contractor and -against the sw
<br />on his construction botid, as to tb; amount, liability and other matters pertaining thr-reto.
<br />,etiid Uie coi—ract-or agrees to maintain saki improvement and male such repairs as may be .necessary f0f
<br />the period and in the manner as fixed by the specifications, and to secure the Maintenance and repair thereof
<br />to file with t'ie Board of Public Works a bond with sufficient surety thereon and in an amount as fixed b-y,, the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall , be
<br />subject to -the san-le liability to the city arid any other person for any injuryi, or damage to any p I ers(.-.n or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con»
<br />struction work.
<br />Azd it is further agreed by and between said partses 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 thecity'of any of the prQvS-
<br />ions of this contract, nor shall it release ..said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this"
<br />contract, except to 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
<br />such imprqvement and in the perform' anc-a of this contract, whether done or furnished for him, or his agent,
<br />assignee; . successor or subcontractor, and the city may reserve out of any allowance made on any estimate,
<br />in favor of the contractor or 1— nsikns,,-or out of the amount due him or his assigns upon the completion
<br />of' the work, so much as ma, cessary to pay all laborers or material men for amounts due them for
<br />work done or materials used or furnished to be used in the_porforniance of this contract and the doing of
<br />said Work, aad the 4-OtintY treasurer, actingas city treasure retain money collet-ted from property
<br />r niat re ain
<br />Owners assessed for said improvement to pay such debts or until X& contractor shows that they have been
<br />Mid or satisfied
<br />"Le cc3.:V,-a:,c- ag-,-e ws to rem o all rub:)ish, earth, and unused material in the streets tw W40%. VtAqfto
<br />,WR3 th@ COMPtation of the or the repairing thereof-
<br />wT110 work- of th-difing sffrh IMPTOW!Ment Shall bL-cOr'J-J)lete& according` f6 the tem. s of
<br />eve 6@zu-,:-.,.�,w-.,.,.a.z-r.-r,-��z.-;,,�--,,-,,--,.----...--.-..-.day olf ------- this co"t t
<br />11filen the tifti-C, 16f +h# C6trP1Vfl1Aq Of the sar,e shall be extended in writi.-,--,g by the B
<br />oard of Publ'p Work
<br />And it 19 a9fecidAM any �uv.h oxt"vion of time,k - s,
<br />or any alteration of this contract or of the manner or meth.
<br />ed (4 doilig Nuoh WOrk ObAll in no 'Way affect the duties, obligations or liabilities of the contractor or Wo sure"
<br />lb itgreed that the MItfActOr shall not nssigtrthis 'Mr -ract, or sub -let the
<br />work or Any part thereof to
<br />bb d(M h0ttifi6r) WithWt the- written Of the L,_urd of Public Works.
<br />tt It further agreed and stipula+ed -that t'q*_ contractor shall give to residents of aaid city and comity
<br />oydetutte hi the OthPloYffietit of all abor necessary in the performance of this contract, and failing to do so,
<br />Will tbtfdt tt) the City the SUM Of ten dollars for each failure to observe this stipulation, e
<br />And upon thfa PdPlOetnance of all the terms and conditions of this contract, and things to be done and
<br />4b hAd bt rid C-Ontraotor the said city agrees to cause
<br />flek - t
<br />'k the cost of doing such work to be assessed, col-
<br />ot" '" P4 to #Wd ft"trUtor in the manner fixed by the statute governing the rn '
<br />aking of such Improve.
<br />To tick (0# th'4 Mdltluftl and gftutaflOns of this contract, including 82 and singular the provisions a"d
<br />orpla of thil tAnI4 JW41% Apedfitatilons and resolution &UrisaA -the undersigned: binds kimsolf or itself,
<br />Itur-C-0110t Or ft"I'iVIS'Of isuch. -parties,
<br />IN TESTIMONY W-UREOF, We, the foregoing named parties,
<br />hereunto set our hands this 28th. day of August 1922.
<br />H. W. REED & SONS
<br />CITY OF SDUTH BEND, INDIANA., BY WM. F. REED
<br />BY L,Z. SLAUGHTER Cqntractor;
<br />L. P. HARDY
<br />Its Board of Public Works.
<br />"hat
<br />. . . ............. 4 ......... . .
<br />........ State of ------ -
<br />_.Jnsurance compan
<br />x of North America of
<br />Phia e P S ru 6 __H L
<br />Of f4u6 Coluity of ... ------------ ----------- — -------- arid. State ....
<br />��tira, are held and firmly bouad. to the (_'itr of South Berid, Indiana, in the s-uia
<br />Thousan&-ae-ven.ty.L ... ------------------
<br />for the payment of ivhich, well and truly to 1)e Laad_-, wo jointly and "seve'r," (�189073-90
<br />"y bind ou,�, 3 C
<br />C'atccutorg, admitistrators aNd assigns, firmly by these presents.
<br />T,,_e conditions Of the oblig--,.tion are such th-at if the above
<br />H,.. W. Reed & Sons
<br />..... . ....
<br />Aq� st1922,
<br />L it J,
<br />0 _Cl. Lt Lat J'L
<br />G,
<br />in law. .-T,, th:,_ CLVCI-_L t_, extc;,;d, the t', �c -Cor t�-f!
<br />_IoC -ch c2 -I, I no n V,
<br />-Y rc e -e6cs o�106As bi3uif.
<br />oc :a -c, !-,I_-�uct,on boiwl, and t"-. P suie!ic-s on the saiac sl:_01 noL [-,c
<br />rlli(_ 2'nof thC I')-, ONE t
<br />k ea, it has been. a-cceptcd by the
<br />f017 fl10 1a,)_ff.u,. Cok_ �J
<br />in the.
<br />
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