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667
<br />Wednesday May 19th.11915. Continued.
<br />CONTRACT FOR THE CONSTRUCTION OF SEWER.
<br />THIS AGREEMENT made and er tere'd into in the City o f South Berid,St.
<br />Josef County, and State of Indiana, by and between the City of South Bend,Indiana, by
<br />and sell
<br />its Board of Public Works, party of the first part, and J.H.Cahill of the
<br />City o' `-Louisville, State of Kentucky, party of the second part,TTT'NESSETH:
<br />That, Whereas, on the 16th. day of March,1915 the Boardof Public
<br />Works of said City of South Bend adopted a Declaratory Resolution ,under Resolution
<br />No. 367 and as modified April 20,1015 for the construction of a trunk sewer in. said City
<br />known as the Michigan Street Trunk sewer, all in accordance with and by virtue of an Act
<br />of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal
<br />Corporations, approved March 6th,1905" and all amendatory and supplemental acts thereto;
<br />and'Y
<br />Whereas, the said, J.H.Cahill was the lowest and best bidder for the
<br />above mentioned work;
<br />THERE1;'ORE, it is hereby agreed that the said party of the second part
<br />shall do and perform all the work in the prosecution of the above described improvement
<br />according to the terms and. conditions of said improvement Resolution NO- 367, and the
<br />plans, profile and specifications on file in the Office of the Board of Public Works of
<br />the Marty of the first par- , which resolution, profile, plans and specifications are made
<br />.carts of this contract as filly and effectually as if copied herein at full length, and
<br />to do all in a good and workmanlike manner and under the direction and control of the -
<br />Civil Engineer of said City, and to the satisfaction and acce:,tance of said Engineer and
<br />the Board of Public Works of said City.
<br />It is agreed that the party of the second part shall not assign this
<br />contract, or sub -let the work to be done thereunder, without the written consent of the
<br />said party of the first part first obtained.
<br />Said party of the second part agrees to pay for all labor or materials
<br />used in the construction of said sewer or in the performancq of this contract, whether
<br />done or furnished fore the party of the second part, or his agent -a or any sub —contractor;
<br />and said party of the first part may reserve out of any allowance made on any estimate
<br />in favor of the. said.party of the second part, or out of the amount due said party of the
<br />second part upon the completion of said work, so much as may be necessary to pay argr
<br />laborers or material men for amounts due them for work done or materials furnished in the
<br />performance of said -contract and the construction of said work, and the City treasurer
<br />of said city may require said party of tine second part to file receipts From such
<br />laborers and material men for amounts so due them..
<br />Said party of the second part agrees that in the prosecution of said.
<br />wotk all proper skill and care will be exercised; that he via 11 properly and fully quard
<br />and protect FL11 execavations,. dangerous places, wnd will use all due and proper pre—
<br />caution to prevent .injury to any person of property, and will save and keep the party
<br />of the first part harmless from any and all liability whatsoever growing out of any
<br />injury or damage to persons or property because of any neglect or fault of said party of
<br />the second part, its servants, agents, employees, assignees or sub --contractors, in the
<br />perfoPmance of this contract or in any matter connected with or related thereto, and to
<br />pay any judgement with costs whikh may be obtained against said City growing out of any such
<br />in jurya or dsmage o
<br />In consideration of the promises and agreements herein made, to be
<br />kept and performed by s- id party of ,the second part, said party of the first part V ll
<br />cause to be paid to said party of the second part, according; to the law governing such
<br />matters, at tAe.following rates;
<br />24" pipe sewer at 4.50 per lin ft.
<br />60" pipe sewer at 12.73
<br />54n n n at 11.17 n n n
<br />490 " " at 9.93 n n n
<br />S n n n at 1.25 n n n
<br />MarLftoles at 4.00 " " " in depth.
<br />Manhole curbs and covers at $7.50 each.
<br />1 Junction Chamber41250.00
<br />Said partir of the second part agrees to remove all rubbish and
<br />unused material left on the completion of the work from the street alcg the line of said
<br />sewer. '
<br />(over)
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