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En ineer filed assessment roll and final estimate for Pavement on
<br />Francis Street'from Ce ar Street'to Grand Trunk Western Ry. Co under Improvement
<br />Resoluton No,. 789. In the City of South Bend,, Indiana*
<br />Resolved that notices be published for si>x censeautive da s
<br />commencing on the 13th. day of June 1921 in the South Bend le,cns-,n`Pmc�s,;; P stating that
<br />this Board will give a, hearing on the amount of such assessments at its office in the
<br />City Hall on the 22nd. day of June 1921 at 7:15 P.M.
<br />Resolved further, that the entire -work under the above contract be
<br />accepted and ,approved and the final estimate thereon allowed
<br />The following bonds and contracts were approved by the'Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into'this Sixth Bay of June
<br />21 by and between: Harry N. Barl.es of the CR my of St. Joseph and State of Indiana,
<br />ereinaft r referred to as..the_.. Contractor Y, d the C t of South BBe d in the
<br />ounty of St. Joseph, and State "of'Ind ana, by an througki is Beard of u�lic Works
<br />hreinafter referred to as the Cit under and by virtue.of an Act of the Generaf
<br />Assembly of the State of Indiana, en i led " An Act Concerning Municipal Corporations,
<br />approved.March 6,1905, and all emendatory and supplemental acts thereto:
<br />•Witnesseth, that the contractor covenants and agrees to construct
<br />pavement on Chestnut Street from Washington Avenue to L. S. & M. S. Ry: Co. in the City
<br />of South.Bend,'Indiana at and for the following pr.ices:-
<br />1.432 cu. yds. of grading per cu. yd................s1.50
<br />12 storm water grttes, each........................12.00
<br />394 lin. ft. of 8 inch conduit pipe, per lin ft...1.00
<br />10 inlets reset, each.. .........................2.00
<br />5 manholes.reset, each.............................3.00
<br />266 ft. marginal curb per lin ft.................... .30
<br />3576 sq. yds, of Veedersburg Wire Cut Brick on 6 inch
<br />rolled grav,61 base , sand filler, per
<br />and to perform all -work in the_ prosecution of said improvement under and aoeording to the terna wd : }-
<br />ditions of Improvement Resolution No ..1151 .............. adopted by the Board of Public Works... b.b.w_23.&,192.1
<br />and the plans, profile acid specifications on file in the office of the Department of Public Works., which said
<br />resolution, plans, profile and specifications are made A. part hereof asJully and eff. ectually; ae if copied and
<br />set out herein at full length.
<br />The contractor further expresslycovenants and agrees that iti 'tire r s ag h p o ecut�o�;of sa�td work. -all groper
<br />skill and care will b, exercisedth-t he �, ll prphel?t�. ��'-3rd p''n �Clt all excavatl6os apd dangerous places;
<br />and will use -A dice and proper pr�lcantion .to'prextent iplwry to .ny, person. or p-n _wav that. in *. ie event of
<br />any injury t�tnage resulting from the w,)r'- or :festrt t's� from any_i a't?rer or thane- aonr:'q *.mod therew4 or -
<br />arising ther61rMti. tto any person or property, he-r-11 rev art liquidate :`fie same at his oven expense, an&as
<br />sume 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 s'.id wor',- or its -construction, th - said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and vwff- 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 ::f'
<br />within ten days after any such action is begun, the city shall notify the contractor of tke pendency ther -^of,
<br />than as<y judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />oil his aDwtruc6xxt bond, as to th- amo? n$ liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs'as may be neces§a,ry for
<br />the period and in the manner as fixed by the specifications, and to secure iiie maintenanc® and repair thercgf
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an mount #A fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shell be
<br />Subject to the-sar-ie liability to the city and any other person for any injury or damage to any peraEm 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 />atruction work.
<br />And it is further agreed by and between said rart'ss that the acceptance of the work provided for in this
<br />.contract, or the payment thereof, shall not co: sAtute 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 />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, except to the, extent pf 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 malting of.
<br />such improvetntrit' ana in fiie'performance of this contract, whether done or furnished for him, or -his a,gettt, -
<br />assignee, sucoes&or �or subt;ontrattor; and the city may reserve out of any allowance trade on any estimpte
<br />in favor of the contractor or h assigns, or out of the amount due him or his assignb upon th-e completion ,
<br />of the work, so much as may ,cessary to pay all laborers or material ten for amounts due there for
<br />e
<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 treasurer, may retain money colle::ted from property
<br />owners assessed for said improvement to pay such debts or until th
<br />paid tom' satisfied e corttr€tct«r e'ows that they lkiytl been
<br />Tf e coat --a °- -a_ agi7ers to remo--y all ra�aiah, earth, slid Ulta1"d Jbit% 'ial 1N the itmoll co mA upon the completion of the impro=✓ement or the repeirltig thorgcf,
<br />The work of maki s chi y
<br />before the_ g mpr v_ mart shall b �s tuq le e� a�eordl Iti tie to}1ri� of jhtj eoj1gt-Abi'ij 8h f
<br />And it is agunless the reed that ime for the completion of�.the.sar�eIshall b eittetjded 1t� Ott , " f1;dj®€;
<br />g at any such eXtenaton of Limy, dr en # '' t1fofd
<br />od of doing such work shall in no way affect the du+lee imblirra etas tit 11o.1�ilitjej kq the�e8{t g fur dr lg �}ir ,
<br />ties.
<br />It is agreed that the contractor shall not r:Bsign thl§ ,& "pt� Lit btjh_lpt f$e Cori€ bt ady pdit tiiel'eaf tb
<br />be done hereunder, wit.hort the tiytit"en CU:, nt of the I#.. rd of l ~hftd Wfif6i
<br />It is further agreed and stipula*ed tbst =' y corytrat top sl} jj l<f to to rent 61 §91d djty mid County
<br />preference in the employment of all labor necessary in the performance Of this confract3 anti iiijifig to do so;
<br />shall forfeit to the __city- the sum of ten dollars for each 4e;iltire'to observe this 6tipulatidfl.
<br />And upon the performance of all the terms and conditions of thit contratt, drid thiitgi td be done and
<br />performed by said contractor the said city agrees tO Gauge the east ht, ddinj itith drjt to he Awokd, col-
<br />lected and paid to saidcontractor.in the manna: ft€� the st tt#td
<br />>aaents.' g*vsr#Gg t� Aiilkia of ow Im fbve=
<br />To each of the conditions and stipulatiom of thij �@fttftot, ItAudifig all ifidllf i �t lido¢ and
<br />terms of the plans, profile, specifieatsorand lra olfdff t, df s'Ad t Wie W&6 hiififei of heel ,
<br />_ 2nd the resueetive successM' nr aa&!""w..* .-a s,.a c$a
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