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-5.17
<br />Wednesday June 291h... 1921. continued ,
<br />Deferred hearinghad on'Condemnation R solutio No. 61 fo
<br />Opening of a highwa along the ort nd South Center tine of est One Ha !' - of
<br />Section l-S Twp. 37 forth Range. Two (2) East from Sample Street to Ewing Aven�e, under
<br />Condemnation Resolution No. 61. In the City of South Bend, Indiana.
<br />Western'R. Ine v latetttotn�b doer 6gEt% #rafidunk
<br />R . Co . a A$Yi® u
<br />and Michigan Cent i P.'Cis. T. D. Elder and Mr. Phelps of the Michigan Central R. R.
<br />Company appeared an0rob eet-ed to?lto t:ie opening of said h.igheay, across their; tracks;
<br />Dr. C H. Meyers Attorney A.;Sehellinger and Judge Ft .pptittoners regent: Attorney
<br />Hubbell requested permission to -file written remonstrance and stated heir temonstrance
<br />would be -worded the_same as the one now on file bar the Grand Trunk Western R. R.
<br />Co. filed on June.22nd., 1921, same gQranted b the Board and Attorneyy Hubbell placed
<br />the New York Centre R. R., Co.? and Michigan C ntral R. R.-Co. by.S. C. Hubbell
<br />their attorney onremonstrance'of Grand Trunk R. R.. Co. filed June 22nd-1921. Attorney
<br />W. G. Crabill amended written remonstrance on file, to exclude.the followihg in
<br />paragraph No. 4 ( Whereas if said proposed 'street on highway was moved onehalf block
<br />farther west it would connect at the ngrth end with Anthony Street. Attorney Hubbell
<br />and Grabill then requested permission to Pile amended remonstrancesremonstrancesi Attorney A.
<br />Schellinger requested that meeting be postponed until amended remonstrances by the
<br />Grand Trunk R. R. Co, and. Michigan Central R. R. Go. -And ?mow Yo Central R. R.. Co
<br />were, filed. The Board then ranted Attor>�tey Crabil3 for .the,.,.Grand:Tr4nk7:We ;tern R.. R.
<br />Co. and Att me H bbgg11 of th New York Central R P. Co. nd `i hhi. n.0 astral RR R.
<br />Co. permission zo ne amends rc�monstranees and Then coat nue he ear ng on this
<br />resolution until Wednesday July 6th.,. 1921 at 8:00 P.Me
<br />„ The following bond,and contract approved by the Board. ;
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />Thi Agreement, Made and entered into this 27th. da of J ne 1921
<br />reend tetoeesn Geo..fon1arelli the County of Cook and State of Inydians thereinafter
<br />,end t 8 the Contractor ), and the City of South Bend in the County of St.
<br />Joseph, and'State or India , by and through its Board of Public Works, thereinafter,
<br />referredq $$s the Cii and r a d.b v.irtue.o _ n c of the Gene l Assemblyof the
<br />State oIndlanai�l1 entit �d a An .Hat Ooncirning Mur.. c pa or oratidins, approved
<br />(' March 6,1905, and all amendatory and supplemental acts there o:- -
<br />Witnesseth,-that the contractor covenants and agrees to construct
<br />gipe sewer o W shington Ave ue from side A enue to Jacob Street,, in the City of
<br />outh Bend, nd ana, at and or the foTRoo ing prvices:-
<br />500 lin. Ft. off 12" pipe ppsewer per lin ft.....6966060:32..55
<br />;120 lip. ft, of conduiePPPesln"FpteT��n�>�'t......�.... 5
<br />2,5 lin ft. of manholes per lip Ft..................... 8e 0
<br />7 storm water grates, each........ ...................10.00
<br />3 manholes curbs and covers, each .......................20.00
<br />and to perform all work in the prosecution of said improvement under and seeor&W to the to act ew-
<br />ditions of Improvement Resolution No, „._a49.____.4.adopted by the Board of Pubfic Works ... O.ct....19t4920
<br />and the plates, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution, p'fa'h11, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length,
<br />The eonitactor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and, care Neill be exercised; that he -,-f?i properly �'�rri and p�•otect all excavations and dangerous places,
<br />and will use all due and proper precaution to prevent injury to :ny person or pro -arty; that in the event of
<br />any injury or damage resulting from the w-)rk or resulting from any matter or thing connected therewith or
<br />artsing therefrom, to any person or property, he v- 11 pay ae4 liquidate the same at fiiI owti expense, and 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 slid 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, pa rent or `judgment recovered in connection with such claim or claims, action or actions. And if
<br />within ton days after any stasis action is begun, the city shall notify the contractor of tine vewtoericy thereof,
<br />thinsay jttigsaent rendered against the city shall be conclusive against the contractor and against the surety
<br />inbit asuructim bea4 as im-i t*. amount, lea"w and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be. necessary for.
<br />the period andin.the manner as fixed by the specifications, and to secure tne,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 by the
<br />,specifications. And in doing such repair work the contractor and the surety on his. guarantee bond,shaltbe
<br />subject to the same liability to the city and any other person for any injury' or damage to any person or prop-
<br />erty in the same manner and to the same extent xs is fixed in the last preceding par graph covering the con-
<br />struction work. ' '
<br />' And it is further agreed by and between said rart-_*�_-s that the acceptance of the wdrk 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 proviso
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />{ ance thereof; norshall 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 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 I-:- assigns, or out of the an.ount due him or his assigns upon the completion
<br />of the work, so much as ma3 �cessary to: pay all laborers or materiai men for amounts due them for
<br />work done or'ata'tekials used or lurnished 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 collected from property
<br />owners assessed for said rsnproveraent to pay such debts or unsil -the contractor shows that they have been
<br />paid or satisfied
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