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323
<br />i
<br />Public Improvement Contract
<br />111kda and entered into10.0 by and between
<br />i13.,.�,.:,�.► ;„
<br />Gerald lkeftllieuddy
<br />♦
<br />Porter
<br />% a StaAA or.
<br />g ,��4.t1L1�i1*4*1.1,�l�`�sss�rsss�
<br />ad 4to or 3hdi arm by ana thraNk 1
<br />of the SUM of
<br />lei . -a en�nla; f#•
<br />oproved larch S, 10� � .� and a&J
<br />Wil uessetk, that tke' contractor covenants and agrees to a.
<br />onstruct sewer on California Avenue from Fast .line of Diamond Avenue to
<br />ChiwvLaAd -Ave. In the City--o€-South-Bead; Indiana:at and for the following
<br />prices:..* r
<br />170 liz, ft. of 10" pipe per' liA fL...................$2.75
<br />50 lik. ft, of 6" inch conduit pipe per Iis.ft...... le25
<br />11 man oles ..o"k........... . ... ............. ...... 9.00
<br />1 manhole.curb and cover, each.. ...............,..18.00
<br />and to perform A wa de in the proseec ibn 'said improvement under smd eecording to the 'leans sod corm
<br />p 1181 of Ma Sth 1923•
<br />dituons +vf lmprovemeru't lgetsoit ..........�.-.......�,..� eked �y.the Board �ir'06ior�s....�. . " s
<br />and the lazes; prc& a add specifications ton a in the office of die I artmeut of Public Works,,,, icft $as
<br />UIVAUttort,-ptans,,profile ad8 speci!icafio�ns are'tnaAe a part et i#1i d eetuaily, air � copied and
<br />set out: 3�srein,at full length.
<br />The contractor further expressly covenapfs and agrees that in,tbe prosecution of.said work all ,proper
<br />skill and care Nvi111 be exercised; €fiat -he *rill properly* -:--ifil and p -otect atl excavations and date ;erc'►t� paces,
<br />and will` ruse all ue and proper precaution to prevent inJury to uny person or pro-)erty; that H the event
<br />any in- ttamage resulting from the ;wqr;r or resuffirg from a: -iv matter or thing connecter} thero-with or
<br />arcs etg.t erefrz any person t�pipperty, f e V411 osy art liq+�ic'fate the same at his own exp ise, and as
<br />aurae the lia' iffity there#or ; auid it} the event of a.ny 3cfa:ir i or claims being made or any action or actions being
<br />ught against the city by reason car. on account of or gro""Ting out of is;d work or its construction. the said
<br />corttraetor will at Ms own etap*nse defend the same, and vnift pay any judgment recovered therein.. and will in
<br />all respects fully indemnif 'ind sove-liearmless said city, its. -officers, agents or rearesentatives from all cost,
<br />mtpense, payment orjudgtmeat recovered in connection with such claim or claims, action or actits,. mAzad ; ,
<br />VM" *=days alter any such action is begun, the city shall notify the contractor of the Vendency thereof,•
<br />tb ea aW imigntw3t_rendered against. the ciiyshAl be conclusive against the contr sW�ainstthe surety
<br />on ills tsxstruction bond, as to th- amount, liability and other matters pertainigg4hgreto.
<br />[:nci the contractor agrees to maintain said improvement ar d iiiake such repairs as may
<br />the period and ih the manner as fixed by the sp. cifications, and to secure the maintenance andvre�pav they _..,
<br />to file with the°$oard,of Public Works a bond' sufficient surety thereon and in an amnunt as � l�y.tl a
<br />specifications. And in doing such re.pair'work the contractor and the surety on -his guarantee band s13a11 Tie
<br />subject to the sa.rne liability to the city and any other person for any injury or damage to any_persc;n or prop-
<br />ierty in the saine manner and tar the same extent as is fixed. in the last preceding paragraph covering the eon-
<br />struction Work.
<br />And it is further agreed by and between said ra178es that the acceptance of the work provided for in this
<br />contract, is or the Payment thereof, shall not constitute
<br />ions of a waiver on the part of the city of any of the proyis-
<br />thcontract, nor shall it release._said ecr.62-�,.ctor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie eiridence 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 improvement and in the performance 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 rude on any estimate
<br />in favor' the contractor or fi;c assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as May 'cessary to pay all laborers or material men £or amount, titre them for
<br />work done or materials used or 3urnished to be used iu the performance of this contract and -the doing of
<br />said work, and the county treasurer. acting as city treasurer, ma retain money colle-_tett from property
<br />owners•lasscskil for said improvement to pay such debts or until the contractor shows that they have been
<br />paid or satisfied
<br />The contra^ -or agrees to remo•-e all rubbus
<br />rubbish. earth. and unused tnaterMl in the $tree" or #Wei tlter%A
<br />upon the cOmpletion of the. improvement or the repairing thereof.
<br />The work_ of making such improvement shall be corn feted according to the terms of thin eorttr4at.On or
<br />before the .. �.. --- - - - - —� �._dav o
<br />unless the time for the completion of the sat--+e shall be extended in writi�,g by the �osrd Q€ publ;e Weri�*4
<br />And it is agreed that any such exteri ion of time, or.any alteration of tbir, contract or of the manner or meth.
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure.
<br />ties:
<br />It is agreed that the contractor shall not assign this {, tract. or sttb-let the y�r®rk or any part thereof to
<br />be done hereunder, without the .rrit_en co;.�::�t of the Board cc P: T,1;c Works It is further agreed and stipulated that 1-2 contractor shall 'give to residents of said city and county
<br />*preference in the employment of all labor necessary in the performance of this contract, and failing t® do s®,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of 2,11 the terms and conditions of this contract, and things to be done and
<br />performed by said contractor the said- city agrees to cause the cost of doing such work to be assessed, cola
<br />lected and paid to said contractor in the manner fixed by the statute ;governing the making; of such improve*
<br />snouts. p
<br />To each of the conditions and stipulations of this contract, including all and singular the pfovisions and
<br />`Eerx's of the plans, profile, specifications aid resolution aforesaid, tho undCreigned binds himsielf or ttsolf,
<br />and the rooipective successor or assi s of such, pAirt'ee
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