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Financial report of the City .Cemetery Sexton for month of February
<br />1923.approved.
<br />x
<br />City Engineer took up the matter of McHugh and Cole Company tunneling
<br />under Ma -in Street for the sewer ingtead of trenching same. No action taken.
<br />The following bond and contract approve.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This agreement, Made and entered into this 24th. day of February
<br />1923 by and between McHugh'and Cole Co. of the County of, St. Joseph and State of Indiana,
<br />(hereinafter referred to as'the " Contractor"), and the City of South. Bend, in the
<br />Counter of St. Joseph, and State of Indiana, by and through its Board of Public Works
<br />referred to as the " City")% under and by virtue of an Act of the General
<br />Assembly of the Stake of Indiana, entitled " An Act Concerning Municipal Corporations,"
<br />approved March 6,1905, and_all_amenda,.:Lory and supplemental acts thereto:
<br />Fitnesseth, that the contractor covenants and agrees to construct
<br />pipe sewer on Main Street from Navarre St. to Madison Street, in the City of South Bend
<br />Indiana at and for the following prices:-
<br />330.0 lin. ft. of 22" per lin ft. 110.00
<br />495.0 lin. ft. of 20" per lin ft. 9.00
<br />6 lin. ft. of 12 inch pipe- per lin ft.
<br />960 fin, ft. of 8 inch sewer per lin ft. 4.00
<br />6" conduit pipe per lin ft, 6.00
<br />54 lin. ft. of manholes per lin ft. 7.00
<br />Mqnholes curbs and covers, each 18.00
<br />- to periorm all wore. in t17te prosecution of said improvement under and according to the terms and eon-
<br />ali`ions of Improven ent R,esoliition No �:.086-:-------. adopted by the Board of Public Works._ Tl�.li..._ �l .194
<br />axed the plans, profile a^d specifications on file in the office of the _ Department _of Public Works, which said
<br />resolution, plans, profile aril specifications are made a part hereof as fully and effectually as if copied and
<br />set. out herein at full length.
<br />Tl.e contractor further expressly covenants and agrees that in'the prosecution of said work all proper
<br />sl<ill ai d care "�be exerts d; th the -"t -oner`-I * all excavations and dangerous laces,
<br />F F"` g� P
<br />:;,n,l ."t use aii. due and pruner pr a"t*ion to pr�v=.1t 1n,;1-17 t^ Fry person or-C^"`�r; that in the event Qf
<br />2.ny injt+ry or datria.ge resit) ing frern t'_ a �x�7 ' or res .1y-Mg front a"-y - a.t*.�r or thing connected therewith or
<br />arising therefrom, to any person or property, he --;1_l r.•a,v art. lir-iidate the same at his own ex.^pense, and as-
<br />sume the liability therefor ; and in the event of any cia•ni or cl<iris being made or any action or actions being
<br />bro-rght against the city by reason or on account of or growing out of s�_.id t-;Tork 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, payment or judgment recovered in connection with such claim or claims, action or actions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />tbcn any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction botid, as to th= amount, liability and other vixi:�e.is pert8tning• tht?reto.
<br />J
<br />4L,ri1 p.:�?rS &° may b4 1,Z.i;.eib � ry. too,
<br />re g
<br />ttie pR>�: 1 d in the t a-mer as fixed by the rig c 5c ores, & ,-1 to at.c .re the tn&h tc:sauce and rt . it thereof
<br />to file v;i`h t'�.e Board of Public Works a bond y„th st f"icient sit i v tbcrto-1 and in an amount ssod by the
<br />sp cil;c»rio 1s, gird in doing stx h repair �-ork the contractor and tht', s Beaty on his guarantee bond shall lac
<br />F,Objeet to the sair.v liability to the city and a:.y mher person foc way 1-mary or damage to any persl,-n or prop-
<br />erty in the ;airte mariner and to the same extent as is fixed in th,; ltist lirecfding paragraph covering the +"wvt
<br />struc.tion work.
<br />A -A it is further agreed by and between said part es that the acceptance of the work proAdcd Tor in tlr to
<br />crintr, ct, or the payment then.° ,f. shall not c, _st_+.t.z a Nva.ivt r utt !tie 1,art. of the city of any of the ptuvig
<br />ipa':fi of this contract, nor shall it .rJea e said cc—w- :-tor or t.ite surf -tier,. oti his bond for thv to itiful )let` Err °ri
<br />zrtee: thereof; nor shall the acceptance be prii�ia f;u-.i;:� ev;(ietice of th(t potformatice of any provialon of it l"t
<br />contrast, except to the extant of erititling the contractor to th(` (-(mitai t 176ce therefor.
<br />The contractor agrees to gay for alLlr;hor and .`t'ripls i„, d or ft,rtaa,;hed to he med In the making (it
<br />such itnhrpveineilt and in the performance of this coat--:.ct, wliether• done or furnished for hi , or fait; tgtittt:,
<br />a.st.i.guce, successor or subcontractor, and the city mray ro.it-ve ottt of ariy allovOincer Vinde: Oti'€itty eaf iffatta
<br />in €avor of the contractor or 1,;= assigns, or out of the :-Lmuunt due hint or his zassigus upon the ttimplEtieiu
<br />of the work, so much as may cessary to pay all lal,orers or M, wnat raen for artia°wats title tl'ivm for
<br />work done or materials used or furnished to be used in the p rforn:,"take of this ro ittaa',t at►d die doitty Elf
<br />mid'wQrg', and tna county trc_.zic,rer, acting as city iressitrer, i.,ay retain ifi,,ney coilF leJ Root lit'opilt_y
<br />owtiers.assessed for said irzpro'ier',7ent to pay suvh debts or w ril Si,e " t i 3rt,_Yr i9%ww5 'th t they llitiM IiF•e=
<br />naid or satisfied
<br />e .-r... . , to renur aft ril%` -a. earvh. P"+t1a-_1se4 ixaterivA to the streets *r stdo thor
<br />upon the con,i+- •; '�` the ir- pro•-�it1 � or the repa'rittg ifter,Po£ .
<br />The work of wrikirg sttrh improvement shalt be conpreted according to the terms of this contract wi nr
<br />before the-------- ------------------ -- ......... _------------- dav of............ ..................................
<br />.. .. ....
<br />unless the time for the cornp letion, of the sar•e shall be e--tented in writi"g bythe BoRed ofPublic Wort N.
<br />And it is agreed that any such eXten4ori of time, or ary altera`+on of th-s contract or of the manner or
<br />od of doing suc*e York 0all in no way affect the duties, obligations or liabilities of the contractor or hi;
<br />ties,
<br />It is agreed that the contractor shall not P.ssign this , rPrt, or sublet the work,ox.any part tlicreof to
<br />:be done hereunder, withot+t the writ'en eo.,s •nt of the l;• %rd c4 P:-blic.Works.
<br />It is further agreed and stipula*ed th,,t +ye contractor shall give to residents of said city, Arid c;•, , ity
<br />preference in the employment of all labor necessary in the performance of. this contract, and failing to t?'i
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. - -
<br />And upon the performance of all the terms and conditions of this contract, and things to be done aril
<br />pperformed by said contractor the said city agrees to cause the cost of doing such pyr .to be assessed, col
<br />Iected and paid to said contractor in the manner fixed by the statute governing the 'making of such improve-,
<br />=ents.
<br />To each of the conditions -and -stipulations of this contract; including all and singular the provisions a.nd
<br />{erns of the Flans, profile, specifications and resolutiot aforesaid, the undersigned binds himself or itsc.If
<br />-laid the to*-pective successor or assigns -of stich•parties;
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