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439J�
<br />Public mprove nt tO
<br />tug 1p Mdo an&entered Into latl a
<br />1 Aeee.!e•.......sr.r.er.*and etau ®�ttdttdssttttlStt"t!"t!!`$o' ..A
<br />i attev referred to as the f f Coit�'�7�1�3�' � � i � a 0@ �� of § 1
<br />ftty at St. Jose s and State of l� r` 9 the 410 Pe i E1 N
<br />(Wrtim9tcr.reforred to as the f 6 ����� � � 3 M4&F M4 Off" AA Q
<br />iqk0pieml Amoomblyof the State of indM =z �
<br />q'kf*�
<br />Wintesseth, that the contractor eoVenants acid agrees to con-
<br />struet water sonneetions on Woodward and Angella Ave. from Hudson Avenue to.Angella
<br />Avenue and Angella Avenue from Woodward Avenue to Portage Ave. in the City Of -South
<br />Bends IndlAna at�� and for the following prices: -
<br />On Woodward Avenue,
<br />9 taps on long side each $34.25
<br />9 taps on short, side, each 23.25_
<br />On Angell& Avenue.
<br />a ,taps, on long side ...each 34 25
<br />4 taps on short, side, each 23.25
<br />and to perform all work in the prosecution of said improvement under and according to the terms arrd ,=A
<br />ditions of: Improvement Resolution v7o...1196 ._..r., adopted by the Board of'Public Works -May _l5fi923.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution, plans, profile :and specifications are made a part hereof as fully and. ffectually as 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 proper
<br />skill and dare will be exercised; that he 77-11 rrno_r'.� * _ d p o`^ ¢all excavations and dangerous places,
<br />and,will use all due and proper precaution tc injt1-v *) ': v person or 1 -c -2rty, that in the event qJ
<br />any injury or damage resulting from the vcro;:_ or from v ,otter or thin- connected therewith or
<br />aTtsing therefrom, to any person or property; he 7- .1 ray ai li widate the same at Ris own expense, and as-
<br />sume the liability therefor. and in the event of 3nv cl.ai'm or claims being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of -.id work or its construction; the said
<br />contractor will at his own expense defend the same, and dill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives -from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />t'hrn any judgment rendered against the city shall be conclusive against the contractor and against_the surety
<br />on his construction, bond, as to tb - amount, liability -and other matters pertaining thereto.
<br />pin* the eebttac-t®s agrees to maintain said improvement and ruake such repairs as may be necessary f,u.
<br />� #s -l"n .as fixed -by the specifications, and to secure the MintenlarlEE gnd a>>f thereof
<br />With-& 11@tt'd of Public Works a bond with sufficient surety the asttd i� a.>ft al>t 4iAi dig *@d U�� he
<br />M1 6fictulle . And in doinj such repair work the contractor and the gUroty on h#a ;�>�q@6 e
<br />@>1 f� tha Matti@ 1lsbllity to the city and any other person for any iujltty aP dat>r�a W > > pff�1�4 Of PNP-
<br />pffy 1@ same manner And to the same extent as is fixed in the last pracedhig paragraph 0IRMi th@ 9911'
<br />otolptiml WAf ,
<br />Aild 1t l# further agreed by and between said part'.-'s that the acceptance of t -@ Wgfk
<br />11111mot r- the payment thereof, shall not constitute a waiver on th@ part of the @ity ® aRY ®f the pf AN--
<br />liils of, t�ja @ontrAct, nor shall it release said ccntractor or the sureties on his bond for th@ fillfhty p@ffnl fli=
<br />h11V@ thereof 1 nor shall the acceptance be prima facie evidence of the parfor taitae ni' Any ptoVfRldh of Ihl§
<br />V-0111fsO1i emloot to the extent of entitling the contractor to the contract pri�c tfleref�f,
<br />The gontravtor a reea to pay for all labor and materials used or furnMed to be @Odd #fi th@ okifl# titAiA .IMProv"Aw tl gild in the performance of this contract, whether e- Of #il�i IAM W Atha Of hl§ A#off,
<br />#ip01 atleeIDMOt Or subcontractor; and the city may reserve out of a 1s1laty#tom i!- ufi L l
<br />S of tho eoatraeter or I,- assigns, or out of the amount dt>>,41!fim ®r 1100,9110 l p it
<br />1. a work, > uef+ as xlla) cessary to pay all laborers or elatariet f i 800 @ 4
<br />h 00% or liallttdah mud or iurni:hed to, he used in the peri6rinange of 06 M € fl0 t l
<br />»i and the t*urtf} treasurer, acting as city :reasurer, ss y setatls f f6
<br />i�wuvv% a wmtd fw sated uuprovement to gay such debts or w rU d4c eoACWWr i3 40 > -ve i. em
<br />ltie colt=a.^ror`agrees to remo--� all rubbish, earth, and unused material in the woo" or 8ids1 thmgt
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be completed according to the terms of thIll Mt1rhft an of
<br />be€ore the------------------------------------------------------------------_.day of--_ ........... --.................. .._..19:::::::"
<br />unless the time for the completion of the sar-•e shall be extended in writing by the Board of Publla Wor1+s,
<br />And it is agreed that any such extension of time, or any alteration of thin ntract or of -the ihanudP f M@th
<br />od of doing such .work shall in no way affect the duties, obligations or liabilities of the contractor or his 614i€tom
<br />ties.
<br />It is agreed that the contractor shall not assign this cf+r tract. or sub -let the work or any part th@f@@f to
<br />be done hereunder, without the written cons ---it of the Board of Public Works,
<br />It is further agreed and stipulated that tie contractor shall give to residents of said city -and cmin€y
<br />preference in the employment of all labor necessary in the performance of this contract, and falling to do got
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract. and things to h@ doif@ and
<br />performed by said contractor the said city agrees to cause the cost of -doing such work to be a@sensed, eol-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such tulpr Y40
<br />xaents.
<br />To each of the conditions and stipulations of this contract, including all and singular the pfovOlo to and
<br />ter't:2s of the plans, profile, specifications and resolution aforesaid, the: undersigned binds hifflMif of 104f,
<br />and the rmpective successor or assi;s or` s�u-?n a; ; e�
<br />
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