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It Is Further agreed by and between said,parties that the partis
<br />parties of the second part, will plank the crossing in a substantial manner the
<br />full width of the alley, and will maintain the crossing of said sidetrack over
<br />said alley herein referred to in a.safe condition, and will make all need_ of repair
<br />on the same and on %he grade crossing over said alley,.
<br />R �?ITNESS OUR HANDS AND SEALS THIS24th. day of 06t. 1922.
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<br />THE CITY OF SOUTH BEND, INDIANA.
<br />BY. L. B. SLAUGH
<br />f� L. -P. • HARDY-
<br />" ALBERT F. HONER
<br />Its Board of.Public Works.
<br />MOOREN BRRTHERS
<br />BY ISIDORE MOOREN
<br />" JACOB MOOREN
<br />The following bonds and contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEUENT, Made and entered into this 21stt day of October
<br />1922 by and between H. N. Banres of the Count of St. Joseph, and State of Indiana,
<br />_[hereinafter referred to as the " Contractor"T, and the City of South Bend, in the
<br />County of St. Joseph, and State of Indiana 4 by and through its Board of Public
<br />Works, (hereinafter referee to as the City }, under and by virtue of an Act of the
<br />General Assembly of the State of Indiana,, entitled " An Act Concerning Municipal
<br />Corporations, " approved March 6,1905 , and all amendatory and supplemental acts
<br />thereto : --
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<br />Witnesseth, that the contractor covenants and agrees to construct
<br />brick pavement with asphalt filler , on the City Hall Court from "Michigan Street
<br />to first alley west of Michigan Street, in the Cit of South Bend, Indiana at and fv
<br />for the folliwing prices;-
<br />Mar.gainl curb per lin ft........................20
<br />292 cu. yds, of grading per cu. yd_. 2.00
<br />resetting inlets, each 2.00
<br />~ 895 sq. yds. of Bessemer Blcok, per sq. yd. 2.95
<br />With asphalt filler per sq. yd. .30
<br />and ro perform all worts in ttie prosecution of said improvement under and according to the terms and coax
<br />ditiono Hof Improvement Resolittion Ivo..__�. � � adopted b, the Board of Public Wor .2"h1922.
<br />and, the plans; profile and specifications on file in the office of the Department of Public Works, w ich said
<br />resolution, plans, profile AM specifications are made a part hereof as fully and effectually as if copied and
<br />set out, herein at full length.
<br />The contractor further expresAy covenants and agrees that in the prosecution of said work all proper
<br />skill and care wi11 be exercised; that he vill properly - Ord and protect all excavations and dangerous places,
<br />and will -use all due and -proper preca+ition to prevent injury to _ry person or pronerty; that in the event ok
<br />any injury or damage resulting from the wori: or resulting from any mn�tter or thing connected therewitfr or
<br />arising therefrom, to any person or property, he -r-M pay ari Kcuidate the same at his c- vn expense, and as-
<br />sume the liability therefor; and in the event of any claim or clain-is being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of E-a d work or its construction, the said
<br />Contractor will at his own expense defend the same, and will 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 />th,ri any judgment ttmd;:red_ against the city shall be conchisive ag-inst the contractor and against the surety
<br />eu his construction bond, as to th- arnou-kt, liability and othz-:r ;to ,ttcis p:xtaiahng thereto,
<br />And the contractor agrees to maintain said improvement ana make such repairs as may be necessary I_
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to file with the Board. of Public Works a bond with sufficient surety thereon and in an amount as fixed bthe
<br />specifications° ly.;.d in doing rich °pair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sal ;e liability to the city -and any other person for any injury or damage to any person or prop-
<br />erty i.n the same manner and to the same extent as is fixed in the last preceding paragraph covering thc�_con-
<br />9truction work.
<br />Ai*=d it is hirtl)nr agreed Ly and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform -
<br />Price thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />Contract, except tQ 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 ar!y allowance made on any estimate
<br />in favor of the contractor or A;- assigns. or out of the amount due him or his assigns upon the completion
<br />of the work, so much as mad cessary to pay all laborers or z.,ate i<i men for amounts due thein for
<br />work dome or raterials used or iuraished to be used iii the perfoizvarce of this contract and the doing of
<br />said work, and the co.,.nty t:rcusox,-r, acting as, city treast.;er, iraay,.retain money collected froin property
<br />owners assessed for said it piuv=ent to pay such debls or witil the contractor ffi".4wmG that they. have been
<br />paid pr satisfied
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