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1922. Continued. <br />Concerning the improvement of the roadway of Virginia Street from <br />Broadway to Indiana Avenue with asphatl, asphaltic concrete, bitulithic, concrete <br />or brick, in pursuance to Resolution No 9h6 the Board finds that no pe�#,#,ion has <br />been filed with said Board by a majority in number of the freeholders residin <br />on said street to be improved, requesting', -that it be improved with a differen <br />kind of pavement than the kind heretoforW adopted by the Board in its preliminary <br />order; and'the City En" <br />neer`reiiorts that the White Construction Co.'is the lowest <br />and best bidder forthe.kind of}psvement heretofore adopted by the Board, and -the <br />Board finds that the White ConstructionCo, is the lowest and best bidder and.hereby <br />lets the contract for said improvement` to them and orders that said improvement <br />be made with Asphaltic concrete using Mexican Asphalt and all proceedings heretofore <br />had in this matter are hereby confirmed and ratified. <br />it. B. SLAUGH11ER <br />L'.` P. HARDY <br />BOARD, OF PUBLIC' WORKS. ALBTTT F. HONER <br />Attested:- <br />Vernica C. Sweeney > <br />Clerk of the Board. <br />Dated this 20th. day of June 1922. <br />Engineer filed assessment roll and final estimate for Grade, curb and <br />walk on Calvert Street from Michigan Street to Main Street, under Improvement <br />Resolution No. 944, In the City of South Bend, Indiana, <br />Resolved that notices as to the amounts of assessments be published <br />on the 21sti day of June 1922 and on the 28th. day of June 1922 in the South Bend <br />Tribune and News Times, statingg that this.Board will give a hearing am the amounts <br />of such assessments at its office in the City Hall on the 12th. day of July 1922. <br />Ruso".ved -f rther that the entire work under the above contract be <br />accepted and. a.ppro,�ed and the final estimate thereon allowed, <br />The following bonds and contracts approved. ° <br />.PUBLIC IMPROVEMENT CONTRACT. <br />> This Agreement M de and -entered irito this 15th. day of June 1 22 by <br />and between L. _-Webster of tie Coun of St. Joseph and State of Indian,,?herein-� <br />a t r dt a te" Cn actor d t� f h etd ou <br />o a�i.d tez�e of ?RA na , b�'a�i� tY��gu 1 Y t� BgW o� , Publl� *#' k�, ��f�'rei <br />fter efe r d t a thhe CCit and r aid by vrtue of an Act of th GGeneral <br />ssemb� orf he �ta�eof Indian, 4ntit ed An Act Concerning Municipa Corporations <br />approveg March 61,1905m and all amendatory and supplemental acts thereto:- <br />Wihnass?th that the contractor covenants anda rees to constru at <br />pipe sewer on eorg an Avenue from South Bend Avenue to N. Vincent Street, <br />in the City of SoLith Bend, Indiana at and for the following prices:- <br />680 lin: ft. of 12" sewer pipe per- din ft... ..........$2.90 <br />156 lin. ft. of 8 inch sewer pipe per lin ft........... .70 <br />336 lin. ft.-of 6 inch conduit pipe per lin ft......... .80 <br />.5 lin. ft of manholes per lin ft..... , , , , , , 7.00 <br />8-storm. water grates, each ............................. 9.00 <br />3 .curbs and covers, each. , . , ; . , , , , ...... ,16.00 <br />alit j dI, goiw so wofk in tie prosomtion of ,said kqwavevtmt _ <br />iprovt lReeaa l+Tu. a�cahg - .,®�,�. 1922 <br />--�-r-- -. ,•__ . . <br />P; k -sp ifications on file �►e of6c� of t1 tttatat 011 <br />Fps 1 i. P'fstNt ®file a nd specifications are made a part herod At k1Jy �1 k4 <br />Sat �efifft At, Ill levth. <br />The NtraefOr further expressly covenants and agrees that in- the prwov itigR 1wf 4410 wvrk 411 P p�# <br />li iii and Oft Will he exercised; that he -vi11 proper!,, a=,4 ptatec.t All eXe4y4t qV14 end da yer,quo p goal <br />tied will us@ till due and proper precaution to prevent injury M any pQtsor# of t?'oulrty; that 1I the 04011t 21 <br />any Injury or damage resulting from the wor': or tesultirg froma,,y matter of then ronn ct�d it eft <br />ArDI l therefrom, to any person or property, he vAli T av awi lic uidate th aame at his own exp@usc, end 4s9 <br />9um@ he liability therefor; and in the event of any claim or cla.irns being made or any action or actions bo1p <br />FOUght against the city by reason or on account of or growing out of slid work or its construction, the @ {.. <br />@htritetor will at his own expense defend the same. and will pay any judgment recovered therein, and will 1n <br />;ttl faspt6l fully indemnify and save harmless said pity, its officers, agents or representatives from all cost <br />Elbe, pa1mvit or judgment recovered in connection with such claim or claims, action or actions, And <br />'ifl ifh tth @y% after any such action is begun, the city shall notify the contractor of the pendency thereof <br />&mil ORY 14 fAnt r leredAgainst the city shall be conclusive against the contractor and against the surety, <br />ft hk WmUviW4a , u %* tb- as ,-, fiab&W and other matters pertaining thereto, <br />Mid the concrac`or agrees to maintain said impro-ve mPnt and ri-aT:e such repo€rs as Inay be necessary► <br />the period; and in the manner as fixed V-y the specifcations, and to secure the maintenance And -repair theretlf <br />to file with the Board of Puhlic Works a bond vv;th sufficient surety thereon and in an amount as fixed by the <br />specifications. And in doing such repair workthe contractor and the surety on his -guarantee bond shall lie <br />subject to the sarr.e liability to the city and any okber gersot for any injury or damage to any person or prop. <br />erty in the same manner and to the s:.me extent as is fixed is the last preceding paragraph covering the con. <br />struction work. <br />A*d it is further agreed by and between ""'Parties Owt the acceptance of the work provided for in this <br />contract, or the paymtnt -thercpf, shall not constitute a waiver on the part of the city of any of the provia5 <br />%tts:�of this contract, nor shall it relea;.e said contra ctor or the .sureties an his fond for the faithful perform.'. <br />a.nce thereof; nor shall the acceptance be prima k:_-ie evidence of the performance of any provision of this <br />contract, except tq the extent of entitling the cmt-r-actor to the contract price therefor. <br />The contractor agreestopay for all labor and materials used or furnished to be used in tke 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 mmde on any estimate <br />In favor of the contractor or t,I:e assigns, or out of the amuuant due him or kis assigns upon the completion <br />of the work, so much as ma3 ?cessary to pay all laborers or raxteriai men for amounts dice them for <br />work done or materials used or furnished to be used in the performance of this contract and the doing of <br />said work, and the county treasurer, acting as city trmsuxer, maretain money Cotleated from property <br />assesseed d :for said improvam�cgt'to pay such debts or 1 , a <br />paid -,or satissows t ltasy laav�p been <br />fi <br />