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12
<br />Board met in -special session at 2 P.M. Mr. Niedbalski absent.
<br />ASSIGNMENT OF THE BOMAN CREEK SEINER.
<br />WHEREAS, Interstate Construction Co. of the City of Ham2lond.,State of
<br />f Indiana, contractors for the construction of the Bowman Creek Trunk Sewer, under
<br />Declaratory Resolution No. 181)19121 have assigned their contract frith this Board
<br />and all of their rights and interests therein to Gee. W. Stewart and Samuel
<br />L. Sheetsi partners under the name axd'style of Stewart,Sheets & Co, of Vincennes,
<br />Indiana, subject to the consent of the Board, and
<br />Whereas, said Stewart,Sheets and Co. have accepted said assignments
<br />and obligated themselves in writing to take up the duties and obligations of said
<br />Interstate Construction Cocas in said contract set out and'
<br />Whereas, said Stewart,Sheets & Co., have filed their Surety'boxd,exe-
<br />cuted by the Southern Surety Co. of the City of St. Louis, State of Missouri,ix
<br />the sum of Seventy-five Thousand ($759000.00) Dollars and Whereas, we deem said
<br />Bond sufficient and said assignment desirable.
<br />We do here now consent to said assignment and accept said. Stewart -
<br />Sheets & Company as the Contractors for the construction of said sewer, and do
<br />accept the said bond.-* "
<br />Witness the hands and seals of the Board of Public Works, this 20th.,
<br />day of May,1913.
<br />Bond presented to the Board by the Interstate Construction Company for the cox-
<br />struetion of the Bowman Creek Trunk Sewer, under Improvement Resolution No. 151.
<br />1912. The same was placed on file.
<br />CONTRACT FOR THE CONSTRUCTION OF SEWER.
<br />IN DUPLICATE.
<br />J THIS* AGREFICNT, Made and entered into in the City of South Bend,
<br />County of St. Joseph, State of Indiana,, by and between the Board of Public Works,
<br />of the City of South Bend, Ixdiaxa party of the first part, and INTERSTATE CONN-
<br />STRUCTION COMPANY' Of. t%e City of Hammond, County of Lake and State of Indiana,
<br />party. of the second part, WITHBSSETH:
<br />That, Whereas,, on the 21st. , day of May 21912 the Board of Public
<br />Works of said City adapted a Declaratoby Resolution ,under Resolution No. 151,
<br />1912, for the constrhat'iox of: a trunk sewer in said City known as the Boviman Creek
<br />Ttu.a.k' Serer, all in accordance with and by 'Virtue of an Act of the GTeneral Assembly
<br />of the State of Indiana, entitled "An Act Coneerning .Municipal Corporations, ap-
<br />prbved'Mareh 6,1905, amd-all amendatory and supplemental acts there:, and,
<br />' .. " Wht- ec's',- the' 'sc.id- INTERSTATE` CONSTRUCTION CO., were the best bidders
<br />for the above mentioned work.
<br />THIS WITNESSETH that the said party of the second part covenants and
<br />agrees with the said party of the first part to do and` perform all of the work
<br />in the prosecution of the above described improvement abcording to` t1he` 'te'rias and
<br />conditions of said improvement Resolution No. 191, and the plans, profile and
<br />specifications on file in. the Department of Public Works of said City, and to the
<br />entire satisfaction of the said Board of Public Works,' which resolution profile
<br />plans and speci'fieations' are made- a part of this- 'cohtraet as' fully and effectual'ly
<br />as if copied herein at full length, and to do all in a good and workmanlike manner
<br />and under the direction and control and to the acceptance of the civil Engineer of
<br />said City.' _
<br />' It' -i"s agreed that no assi'gniieht of thus contract sha be made with-�
<br />out the written consent of the said party of the first part. Said party of the
<br />second part agrees to pay for all labor and materials used in said work, except
<br />engineering, and said City may reserve, out of any allowance made on any estimate
<br />in favor 'of said party of the second part, so much as may be necessary .to pay any,
<br />laborers or material "A for amounts due them on said work, and the City Treasurer
<br />of said City may require 'said party of the second part to file receipts from
<br />such laborers and material men for amounts so due them. Said party of the second
<br />part agrees that in the prosecution of said work all proper skill and care will
<br />be exercised; that they will properly and fully guard and protect all excavations
<br />dangerous places, and will use all due and proper precautisi to prevent injury'
<br />to any property, person or persons what or whensoever, and will save and keep said
<br />City harmless from any and all liability whatsoever growing out of any injury or
<br />damage to property or persons because of any neglect or fault of said party of the
<br />second part, its agents or employees in the exercise of this contract or in any
<br />
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