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of the County of ------------- Aat ----- T ��--------„-------and State of--------- Izd_Js&&--------------------------------
<br />(hereinafter referred to as the �o�ifractor ), 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, 19o5, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to improve Ist. alloy west
<br />254 cu. yds. of gra,dixg per cu. yd.........:....... .'7b
<br />640 sq. yds. of 7" coxcrete pavement, per sq. yd..01.49
<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. ---------494---------------- adopted by the Board of Public Works_-'- Ab..----2791917,E
<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 inj.ury 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; arid -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, g
<br />contractoror 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 ox material men for_rn amounts due them for work done or materials,
<br />used or furnished to be usenced.in the performaof this -contract ---and the doing of said work, and the county treas-
<br />urer, acting as 'city treasurer, may retain money collected from property owners assessed "for .said' improvement
<br />to _ply _such debts or until the contractor_ shows
<br />_that thev, have hep aid or.
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