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12- <br />Board met in special session at 5: 00 P.M. All members present. <br />The Board discussed the matter of paving of Michigan Street with Mr. C. D. <br />E mmons Mgr. of the Chicago, South Bend & Northern Indiana, Ry._ Company., Mr. Emmons. informed <br />them, that, lkt would be the lst. of July before %is company could do_ &rW of their work on, <br />the above mentioned Street, as he could. not get shipment of steel before that date. <br />He also informed the Board that he thought his work could be taken care of -in sixty days after <br />that, as he intended to viork ahead of the contractor, <br />Estimated cost of pipe serer improverient on High Street from Broadway <br />to a point 100 feet north of the north line of Indiana Avenue and in Haney Avenue from High <br />Street to Miohigmn Street at $7s, 4006,00 <br />Estimated cost of the pipe sewer improvement i Marietta Street from Dubail <br />Avenue to Dayton Street at* <br />400. o00 <br />C0NT_RACT <br />TrR CONSTRUCTION OF FV"E,� _VT . <br />1_�P:IL AGREK4E_1 T, Made and entered into in the City of South Bend, St. Joseph <br />County' State of Indiana, by and between the City of South Bend, Indians-, by acid through <br />its Board of Public Works, party of the first part, and the Western Construction Company <br />a Corporation, party of the second part, WITNESSETH <br />That, whereas, on the 26th. day of January,l9169 the Board of Public Works <br />of said City adopted Declaratory Resolution No. 415 for the improvement of Michigan Street <br />from the North line of La Salle Avenue, to the south line of South Street, by grading and <br />paving the roadway of said street and the roadway of all intersecting streets and alleys, <br />allin accordance with and by virtue of an Act of the General..Assembl_y of the State of <br />Indiana, entitled * An Act Concerning Municipal Corporations," approved March 6th.19052 <br />and all amendatory and suppRiemental acts thereto. And, whereas, the said Board of Public <br />Works thereafter designated sheet asphlat as the kind of material with which said street <br />was to be paved and improved; and <br />Whereas, the said Westeri Construction Company was the lowost and best <br />bidderi for the above meat io~red work; <br />THERE�DRE, it is hereby agreed that the said party of the second part shall <br />do and perform all the work in the prosceution of the above described improvement <br />according to the terms and conditions of said improvement resolution No. 415, and the <br />plans, profile and specifications on file in the office of the Board of Public Works of the <br />City of South Bend, Indiana, which resolution, profile, plans and specifications are made <br />parts of this contract as folly and effectually as if copied herein at full length, <br />and also do all said work in a good and workmanlike manner and under the direction and <br />control of the Civil Engineer of said City, and to the satisfaction and acceptance of the <br />Board of Public Works of said City. <br />It is agreed that the party of the second part shall not assign this con— <br />tract„ or sub —let the work or any part thereof to be done hereunder, without the written <br />consent of the 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 pavement or in the performance of this contract, whether <br />done or furnished for the party of the second part, or its agent or any sub —contractor <br />and said party of the first part may reserve the right out of any allowance nade in any <br />estimate in favor of the said party of the second part, or out of the amount due said party <br />of the second part upon the completion of said work, so much as may, be necessary to pay <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 of <br />said City may require said party of the second part to file receipts from such laborers and <br />material men for amounts so due them. <br />