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<br />gl id sewsr, wait 'it�APp*r0nanem shall be constructed zn aeeord�a�ce with the prQiiit and sReciii6*t awe
<br />0€1 file tw the of$�,4 :tmeat of Pubic worhs of ;,aid City. The cost. of said irtplttveazient *tali
<br />be apportioue4t aget� in& pafA �y the property holders, whose property abuts tiiareon, and upon the Cttp at
<br />Oouth Bend if the City to 'benefited ty said imerovement, all according; to the method end manner provided for
<br />to Act ot'the General Assembly of the State of Indiana, entitled "An Act Oancerrli=;g Municioal Corporattw%"
<br />°:ilproved March li, 1905. Assesszrents. if deferred. are to be paid 'n te-� aauai a=ivai .nata,llmeats; w h in-
<br />oreot at the role of Six per cent per �annr:na. A bond or bonds shall be issued to the contractor In payment for
<br />-'?zch worst, unless the .•p ogerty ow-=,sm p: v said assFs= gents bef;)rp .said ho-ld or bonds are issued. Under no
<br />Flrcurartances shall the Clty of South. Bend be or be iieid responsible for any sum or Gums due from said prop -
<br />Arty owner or oR-nei,s for sefd work. or for the collection of sa-*in. or fo, the payment of arl, bond V bonds,
<br />cartif into or certificates, issr sd to w► ld contractor in a *Ment fcr such work. except for such. moneys as shall
<br />hay® been actually recetyed by the City f-�om the rise` :.zeta for such imnrove..,.aent, or such moneys as said
<br />City to by said -hove entitled Act required to pay. k} Proceedings had, and work done in the inakin-g of said
<br />iiizprovemert, assessment of uroperty, collections of as,",s_ en and issu.P.nce of bonds therefor, shall be as
<br />Provided for its sold above entitled Act. � �h• Au Ust 1922
<br />Notice of this reset tioa steal .be u 1' the ....---.-day of--.------_.�.__ _.-._... .................and on f-tia
<br />...=.6i h._.....,. day of- ... Gp t!?At . .. , Ea the South nano 33aily i� e
<br />n '�,N11 eve &
<br />hoaring on this resolution at its dice in the City H 11 on the------2E} *_..W. _day of........_--- e.Z+......>
<br />to ... .4,.?., at 7:15 P, X.
<br />'-A.q,4t60. thid......y.ih...` ...tiny cb.............1�i11gU.�'�e-._��22a._... ...., 34......,...
<br />L. B. , SLAUGHTER
<br />BOARD OF PUBLIC WORKS L. P. HARDY
<br />Attested:- Clerk of Beard. ALBERT F. HONER
<br />Veronica C. Sweeney
<br />The following bonds and contracts appro ed by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 24th. day of August
<br />1922 by and between The White Construction Company of the County of St. Joseph
<br />and State of Indiana, (hereinafter referred to as the " Contractor"), and the
<br />City of South Bend, in the County of St. Joseph, and State of Indiana, by and
<br />through its Board of Public Works, (hereinafter referred to as the " City"), and
<br />under by by virtue of an Act of the General Assembly od the State of Indiana
<br />entitled " An Act Concerning Municipal Corporations, " approved March 6,1905,
<br />and all amendatory and supplemental acts thereto:-
<br />Witnesseth, that the eontrae or covenants and a-rees to construt
<br />pavement on Dayton Street from Miami Street to Mumford Court, in the City of
<br />South Bend, Indiana at and for the -following prices:--
<br />363 cu. yds. grading per cu. yd.00800..0.00......$.95
<br />2 storm water grates, each 12.50
<br />64 lin. ft. of 8" conduit pipe per lin ft. 1.00
<br />4 inlets reset each 3.00
<br />53 lin. ft. of marginal curb perlin ft. .40
<br />1 manhole reset, each 3.00
<br />1664 sq. yds, of asphaltic concrete pavement
<br />using Mexican Asphalt per sq. yd. 2.52
<br />and tQ pp all ail work in the px-c>seCutic,A of said impt-avement under and accordinZ to the terms a E ►zlA
<br />1 022 adopted by the Board of Public TN arks R l b`e2 s
<br />'�d tft pads, f>it iid sp tfzr 4xnrs cn file in the office of the Department of pul;lic Worizs, vy i�c.ii said
<br />tpboi fl�flr ;ta b, {�rt�lit alid speeiiicatiens are made a part hereof as fully and,effectually as if copied and
<br />got 04 herein at fuh length,
<br />The ryUiitrwr;r,, fuith.er expressly covenants and agrees that in the, prosecution of swirl work all proper
<br />hkitl and f% e fll hb exercibLd; th :t he -v ll properly �� _ a1-.1 p-.ot-c all excavations and dangerous places,
<br />bi tl /lei ese till titre and proper prNca. ttion to prey s t injury to pry person or prnn=rtv; that i-i thoA eve;it r
<br />hey injury or dii;trta.mr, resultitid from the i �-' or resu`i ra >_
<br />3 n ?. ; rron; a-ly *^ tter or thing connected thereivit' S or
<br />c.risitlg therefrom, to any person or property, he i-.ill poly anfl licj,iclate the .same at his ovn expense, and as-
<br />stinn the liability therefor; and in the event of any claim 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 said v:-ork or its construction, lh, said
<br />cof►tt'actcrr will at his or�vn expense defend the same, and N iil pay any judgment recovered therein, and wi`in
<br />all respects fully inderrinify and save harmless said city, its officers, a*; rats or representatives from all cost.
<br />e lac .se, payment or judgment recovered in convection v,,ith-such claim or claims, action or actions. Ar,,d 'f
<br />-Within ten days after any such a tiou is bc:�uu, t'ie ;.ity shall notifv the contractor of the Pende."cv ther- :;f,
<br />t'h,-,n afAy iudg lerit rendered ai min L the oily shall be c:i. tc !usive agdl[lSt the contractor and against the Billets' er1 his c,.;aatrQctw a b,;_:d, as to the ,x..: _. c, li � ._ 1 c s .._.t• ors pert inirg thereto.
<br />And 1he cor:cracior afrrcrs to maintain said inl;;rov,e'fiwnt ai,-' rCpaSTS 'eL5 ria. .
<br />the period and in the manner as fixed by the spPciScatihns, aiid to se.c,-:re the raaintenance andrepairthe:._;i
<br />t® file with the Board of Public Works a bond with sufficie�zt surety thereon and in an amount as fixed by tl:e.
<br />specifications. And in doing such repnir work the contractor and the surety on his guarantee bond' shall be
<br />subject to the sai.c liability to the city and any other person for any injury, or damage to any pers gin, or prep
<br />t.
<br />erty in the same manner and to the same e.aent as is fixed in the last preceding paragraph covering the can
<br />struction work.
<br />And it is further agreed by and between said partiI-es that the acceptance of the work provided for in thik
<br />Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the proves
<br />10118 of this contract, nor shall it release said c.. 2'_ractor or the sureties on his bond for the faithful perform :.
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision rf this
<br />contract, except tQ the ettent 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 made on any estimate:
<br />in favor of the contractor or b;s -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 for amounts due them fdr
<br />work done or materials used or iurnished to be used in the performance of this contract and the doing of
<br />paid work, and the County treasurer, actil' as city treasurer•; may retain money collected from property
<br />owners assessed for said improvement to pay such debts or, until the contractor shows that they have been
<br />paid or Satisfied
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