|
275
<br />CONTRACT FOR TTIE CONSTRUCTIO7 OF A SHEER WALL
<br />FOR PROTECTION OF BOWMAN CREEK TRUNK SEINER.
<br />TiIS AGREEJIENT, ��a,de a.nd entered into at tree City off' South Bend, Cou sty of St. Joseph
<br />and State of Indiana, by and between The City of South Bend, Inr.ia,n€a., by .its Board of
<br />Public Works, party of the first part, and George W. Steward aid Samuel Sheets, part-
<br />ners, doing; busi .ess under the firm name iA,iid style .of Stewa,rt,Sheets & Company,of the
<br />City of Vincennes, State of Indiana, party of the second part ,WITNESSETH:-
<br />Thaxt, whereas, on the llth. day of Apri1,1913, the party of the second
<br />part, by its written agreement, undertook to perform the terms and conditions of IL cer-
<br />tain contract, executed April Ilth., 1913 by the party of the first part, and the Inter-
<br />state Construction Compa.ny,: for the construction of a Trunk Sewer in said City, knoyrn as
<br />the Bowman Creek Trunk sewer. That said contract between the party of the First part and
<br />the said Interstate construction Company was on the 20th. day of May,1913 assigned by
<br />said,last named, company to the party of the second part, which asIsigmment was accepted
<br />by said party of the second part.
<br />That, whereas, said party Of the second part has performed said contract
<br />in part, and bas constructed a section of said sewer along the route of said sewer on the
<br />north side of the Lake Shore & Michigan Southern Railway Company's culvert.
<br />That, whereas, at said place, the top of the sewer, as so constructed
<br />projects above the land and is exposed, and the surface waters flog thereon, and may
<br />damage and destroy said. sewer, and it is necessary to build a concrete sheer wall at that
<br />point, for the purpose of directing said surface water away from said sewer, and in
<br />another direction..
<br />Therefore, this agreement witnesseth that the said parties of the sec-
<br />ond part covenant and agree with the said party of the first part to build such a wall
<br />at said point, to do filling and gradin-a.g, and to do and perform all work in the prosecu-
<br />tion of the above described improvement and in accordance with the terms and conditions
<br />of the plans and spetificat ions, which are hereto attached, marked Exhibit "A" and "B"
<br />and made a part of this contract, as fully and effectually as if copied herein at full
<br />length, and. do all in good and workmanlike manner, and under the direction and control
<br />end to the -acceptance of the Civil Engineer of said City.
<br />It is agreed that no assi.grinlent of this contract shall be made without
<br />the written consent o the party of the first part. Said parties of the second part
<br />agree to pay for all labor and materials used in said work, except engineering, and
<br />said City may reserve out of the contract price, payable to the said parties of the
<br />second part, so much as may be'necessary to pay any labor or material men for amounts
<br />due them on said work, and the City Treasurer ofmsaid City may require said parties of
<br />the second part to file receipts rrom such labor and material men for the amounts so due
<br />them. Said parties of the second part agrees that in the prosecution of said -xork, all
<br />proper skill and care will be exercised. That they will property and fully protect
<br />all dangerous places, and will use every proper precaution to prevent injury to any
<br />per;,on or property, end will save and keep said City harmless from any and all liabili-
<br />'ties whatsoever growing out of any injury, or damage to any persona or propert"because
<br />of any neglect or fault of the said parties of the second part, their agents or employees
<br />iA the performance of this contract or in any Matter connected with or relatting thereto
<br />nd to pay any judgement with cost, which may be obtained against said City, growing
<br />out of any such injury or damage.
<br />In consideration _of the promises and agreements herein Mare to be kept
<br />maid performed by said parties of the second part, said party of the first part agrees to
<br />pay to the said parties of the second part, the sum of 8350.00. That said sum shall bPc
<br />due and payable upon the completion of said work, and the perfopm8nce of this contract
<br />and after the said work has been inspected and approved by the City Civil Engineer.
<br />And the saId parties of the second part further agree that they will
<br />remove all, -rubbish and unused material left olt completion of the work from the right -
<br />of way along the line of said sewer.
<br />
|