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C cam )]gint a b out pole owned by the Ind Tana & Michigan Electric Co.
<br />(No. 2 0068) Jointly with the Central Union Te le phone C omiaany which is in the Way of
<br />a new garage entrance at 1017 Carroll Street. The Board ordered the pole to be
<br />reset to the s outh end of the garage,
<br />Engineer f iled assessment roll and final estimate for pipe sewer
<br />on Birdsall Street from Fassnacht Avenue to La Porte Avenue,, -under Improvement
<br />Res olut ion No. 601. In the City of South Bend, Indiana.
<br />Res owed, that not ices as tie the assessments be published on the
<br />17th, , day of May .1919 and on the 24th. , day of May 1919 in the South Bend Daily
<br />Tr ibun�-, stating that this Beiard will give a hearing on the amount of such assessments
<br />at its off ice in the City Hall on the 4th. , day of June 1919 at 7:15 P.M.
<br />Resolved further, that the entire work under the above contract be
<br />accepted and approved and the final-setlmate thereon allowed. Notice of this
<br />res olut ion shell be published on the 17th. , day of May 1919 and on the 24th. , _day of
<br />May 1919 in the South 13pnd Daily Tr ibun -, stating that this Board will give a hearing
<br />on the acceptance of such Work at its office in the C ityo Ha,l l on the 4th. , day of June
<br />1919 at 7:15 P.M.
<br />The following contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 13th. , day of may 1919
<br />by and between W . W. Sibley of the County of St. Joseph and State of Indiana (herein-,
<br />after referred to as the " Contracter" ), and the City of South Bendy in the County of
<br />St. Joseph, and -State of Indiana, by nd through its Board of Public Works, (hereinafter
<br />referred a as the " City"), under and by virtue of an Act of the General Assembly of
<br />the State of Indiana,.: entitled " An Act Concerning Municipal Corporation," approved
<br />March- 6,1905, and all, amendatory aiid supplemental iota thereto:-
<br />W itnesseth, that the c ©ntract or covenants and agrees to constructed
<br />water a ennect ions on Elder Street and Carroll Street from Michigan Street to Stenger
<br />Street, 'in the City of South Bend, Indiana* at and for the following prices: -
<br />Long side... each ............................... 22.25
<br />Short side, each .................. .. * ... 18.75
<br />and to perform all work in`the prosecution of said improvement; under an&accoiding to the terrus and Con-
<br />ditions of Improvement Rlesolution No. 6�j� , adopted by the Board of `Ptt%lie 7Arorks_.�a_re.�.�? 8,.1919.
<br />and the plans, profile and specifications on file .n the office of the Departm9: t-of Public Works, which said
<br />resofutior,, plans nrofi?e and specifications are made a part hereof �s fully and ef:ectually as if copied arid
<br />set otit herein at lull length.
<br />T+e contra'cto°r Itirther Expressly covenants Arid xgre Wit- n pro5eeutm o sat d work aft proper
<br />skill a-,:d care ;^'1 be exercised; th =t he 'l .p on d r;_ '�c�',al e e�ivatloris -rh i}ger ,us places,
<br />and ;:l use all due'ar-d proper precanti ii: pW..ve. t Or �2 � • rt�F.� that ' � +be eve; t (�1�
<br />any injury or dam,-t;'e r- suiting from the Ixi?'rf or ?`,G']£. �rnifi?i �+;^.rt Or thint�.C^tlPe~fel4l th > VVit ©f
<br />arising therefrom, to -any persc-t or property, h ";11 pay ate' #ice +L}ate tkru same at ..is own. e:,pefis?, $ ?ti as=
<br />swine the liability therefor; and in the event 'of any ciarrt or claims be;n-g m 6--or any a :tion r�t, actions-b?iris?
<br />bre-a lit a a'n;t the b reason or on account of 6r r6wii3 o13l ofk� rl ..^r'r nr its Ci?r ctit:rti r n,
<br />g y y,, s :`d
<br />contractor wilt at his own expense defend the same, and w-iil pay any judgment r?cover -d +herein, an(I in
<br />all respects fully indemnify and save harmless said city, its officers, agents:or reareseiitatives from all cn;t,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. A,1 f
<br />within ten days after any such action is begun, the city shall notify the contractor of t-:. »on e cv ;her --f,
<br />tben any judgmn rlt rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to tl-- ,mount, liabihty and other matters perta.ming thereto.
<br />And the contractor agrees to maintain said lmprov, anent azc luak*- such repairs as may ae necassa y
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance and repair therm.;,),
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount aao fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sarne liability to the city and any other.person for any injury or damage to any pers .-.r. or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work..
<br />And it is further agreed by 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 o:, the part of the city of any of the provis-
<br />ions of this contract, nor shall it n:lease said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, 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 making of
<br />such improvement and in the performance of this cam',ma, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city: m.m ,reserve out of any allowance made on any estimate
<br />in favor of the contractor or ' ' assigns, or out of the o int due him or his assigns UPOftLthe completion
<br />of the work, so much as ma ;essary to pay all N SYor material men for arnounti' due'them for
<br />work done or materials uses arnished to be Use d�r ;' �� erformance of this contract- and the doing of
<br />said worn, and the t:ounty tr<z;a;�O.rer, acting as city treast , may retain money collected -from property
<br />owners assessed for said improvement to pay such debts ox until the contractor shows that they have been
<br />paid or satisfied
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