|
**jin", Jul y Wi: 1%)3, Capp lnut*� ..
<br />and too perform all work in the prosecution-of.said lmxWovement under and according to the terms wA eon,
<br />ditioils,of Improvement Resollition No. __A&pte-4-bV-the Soafd of Public .Works.-Ntz
<br />and the plaits`, profile and specifications
<br />cations cafVe in The bffite Of -the' Department of Public Works, %+Pr;W3
<br />,T&61ution, plans, ,}profile and specifications are `made -a part hereof as fully and effectually as if copied and
<br />set'out herein at full length.
<br />'he contractor further expresslyA covenants and agrees that in the prosecfutiqn of said work 11' proper
<br />1-71
<br />T_ 09—all excavations and dangerous places,
<br />sill 64d d%re-i'll be exercised�; th�,t he -
<br />Oid use all due and proper precq.,.ition tc inju"y +i -.rvlperson, or th in at. th PM-�-v; eevent (?j
<br />I
<br />att,y irijury or damage resu!ting from the v' _r r.'I
<br />5'�-V t--4tter or thin- ;onnnctpd therewitft ;r
<br />wising therefrom,to any person or property, ht;v-111�ay ar-4 liql,id-ate the ssine at �is own expense, and as-
<br />sume 'the liability therefor and in the event of qii-y 1.a or claims being made or any action or actions being g
<br />brought against the city by reason or on account of or growing out of s�.Id-worlc orits cons'iruction, the said-
<br />tontmrtor' will at his own expense defend the saihe. and will pay any judgment recovered therein, and will in
<br />all ftipects indemnify an
<br />d L nd save harmless said city, its officers, agents or representatives from all cost,.
<br />aacpense, payment or judgment recovered in. connection with such claim -or claims, action or actions. And if
<br />nin tin days after any such action is begun, the 4ity shall notify the zontractor �f- the pendency thereof,.
<br />then any judgment rendered against the city, shall be conclusive against the -contractor and agafint the surety
<br />on his. construction bond, as, to th- amount, liability -and other matters pertaiiihw thereto.
<br />?.nck the Cor-raagrees grces'Lc Ina'. min said iuiprovizient ar.d iiia.kesuch repair,-; as may be n4cessaij, f
<br />er)
<br />maintenance and repair ther-epki
<br />"ad ofid In the manner as fixed by. the specibcations, an to secure the ma
<br />ifle, p
<br />to lite with the Board of Public Woiks it bond with sufficient surety thereon and in an amount to fixod b7 the
<br />#per 1fications, And in doing such repair work the contractor and the surety on his guarantee bond shall N�
<br />ltltjset to t1he satne liability to the city and any other person for any injury or damage to, any person or PrOP%
<br />all In the same manner and to the same extent as is fixed in the last preceding paragraph coveriug the con,
<br />struction work, work h And It Is, further agreed by and between said rarfzs that the acceptance of rk provided for In t 11
<br />vantmet, or the payment thereof, shall not constitute a waiver on the part of the city of any of the proVis-
<br />1prip of this contract, nor shall it release said contractor or the sureties on his bond for the faithful. perfartu-
<br />finve thereof; not, shall the acceptance be prima facie evidence of the perforthance of any provision of thli
<br />coni rail, 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 ninkifig of
<br />auoh improvement and in the performance of this contract, whether done or furnished for him, or his agetitt
<br />asirurnee, successor or subcontractor; and the city may reserve out of any allowance made on any estlilate
<br />In fivor of the contractor or I— assigns, or out of the amount due him or his assig= upon the complatioll
<br />of the -,vork, so Truch as mai -cessary to pay all laborers or. snateriai men for itmounts due them for
<br />voik done or materials used or furnished to be used in the performance of this contract and the doing of
<br />sadd woriz, and the county treasurer, acting as city treasurer, inaf retain money tolle-.ted from property
<br />owners assesstd for said improvement to pay such debts or until the contractor th-ows, that they havo beer'
<br />paid t)r satisfied
<br />'.. 4,61
<br />co.::
<br />�4 -e--s to remo- � all-ru b'.):sh. earth, and unused material in the streets, or aides, r
<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 this, contract on of
<br />beforethe--------------------------------------------------------------- --- _.dav — ----- . ........... . .... 19..........,
<br />unless the time for the completion of*the sane shall be extendedinwriting by the Board of Public Works.
<br />And it is agreed that any such extension of time. or anv alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, of ligations or liabilities of the contractor or his sure-
<br />ties. 'the work or any part thereof to
<br />It is agreed that the contractor shall not assign this r-, *tact. or sub-let
<br />be done hereunder, withovt the v;rit-en cons - _nt I of the Board of Public Works.
<br />It is further agreed and stipulated that 1-142 contractor shall give to residents of said city and county
<br />preference in the employmc-nt of all labor necessary iji the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failtire to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract. and things to be done and
<br />rerfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col
<br />cted and paid to said contractor in the manner fixed by the statute governing the making'of such improve-.
<br />zacnts.
<br />To each of the conditions and stipulations of this contract, including all and singular the pia4isions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undergigiled binds himself or itself,
<br />and the re.,Rpettive successor or ass:_-:-_s of such nart-,es.
<br />. IN TESTIMONY WHEREOF, We,, the fer*gelag numd parties, hereunt,
<br />unto set our hands this 17tk. 4ay of July 1923.
<br />'WM, EURKECITY OF.SOUTH 9END* INDIM. Per HH. . . Gebeen
<br />BY-L. -R. SLAUGHTER Le P. HARDContraoter,
<br />Y
<br />ALBERT P. HONER
<br />Its Board of Publie-Vorks
<br />Public Improvement Contract
<br />*17 Tr: fills mw==24 ea - It
<br />by and betweSA
<br />r
<br />roterred to as e f `Contractor") 4
<br />and State- 0f.*4W'**V1#r#'*j4#X-*M-W �wrwvtwwrrl
<br />vh� a.
<br />.
<br />ilk"Molp and tho CIPW Of 60011 ft'
<br />at fit, Joseph, and State of Iudianaq, by and tbValup its 99*14 of I
<br />'9 r referred to as the " City) 9, Tmd r and br Vim
<br />I.% %ftbly of the State of Indi and.,entitled " A39 Ut &wen=t*
<br />approved Mareh 6 9, 1905, and all SWn"USY
<br />
|