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<br />Board met in special session at 10 A. M. All members present.
<br />The fallowing contract and bond approved by the Board.
<br />PUBLIC_IMPROVEUENT CONTRACT. ,
<br />THIS AGREEMENT, Made and enterad into this 23rd. day of July 1918
<br />by and between Ileo Harrop of the County of St. Joseph and.State of indiana(here-
<br />ina.fter -referred to as the " Contractor"), and the City of South Bend, in the County
<br />of St. Joseph, and State of Indiana, by and through its Board of Public Works,
<br />(hereinaf6r referred to as the " City*), under and -,by virtue of an Act of the General
<br />Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations
<br />approved March 6,1905, and all .amendatory and supplemental acts thereto:
<br />°
<br />Witnesseth, that the contractor covenants and°agrees to construct
<br />sewer system in Marquette Park in Wilbur Street, Thompson Street, College Street,
<br />and Stocker °Place, in the City of South Bend, IAdia.na at*and for the following
<br />prices• - °
<br />350 lin., fteet of 24" pipe surer, per lin ft.......... $5.35
<br />1300 lin. feet of 30" pipe sewer, per lin ft..,.:..:..; 8.25
<br />2151 lin. feet of 10" pipe sewer, per lin ft... ...... 2.35
<br />1176 lin. feet of 6" pipe sewer, per lin ft............ .75
<br />1520 lip... feet of conduit pipe, per lire ft.,.. .75
<br />130 manholes, eacl,.....................................5.00
<br />37 storm water grates, each ........ ...................8.00
<br />12 manholes, curb ono d covers, each.........s,.......13.50
<br />rM a 70r 111e prosecution ol said im royernent under and according to the terms and con-
<br />)rs of Improvement P.-
<br />solntion. o.. S a ............ i by the Board of Public 7✓orr-s.
<br />° and rb _ plan ., profile a< r s»eczfi a'�ions on fr.,, ^. Ole ofi;.�ce of Depa ,nie:mt of Public Wor�, wh .h said
<br />res,)l! do �., p'a.rs, proA'� and specifications are made a part hereof as fully and effectually as if copied and
<br />set 1-it herem at full lon t`z.
<br />con,'ractor further expressly covenants and agrees that in the prosecution- of said work all proper
<br />skiff, , care . ='1 be exercised; tb: t he -`il prop�r r . r,.:; p• •,tpk t all excavations and dangerous places,
<br />and ';I Use <^?� &ie and p"n er p-reca'i¢2on t0 prev� It 1 }!1' y t 3 ny perSori or prori rty; that l>l Eire event n;
<br />any ani.i;ry or damn. e resulting from the war'_ or res!.lt�ng from ary *nattf�r or thing connected therinvi'h or
<br />arising therefrom, to any persnn or property, he w;l.l pa.y arli 1ir!111idate tbe_same at his own expense, and as-
<br />sume the Iiability therefor; and in the event of any claim or claims being made or any action or actions iW;= Ig
<br />brought against the city by reason or on account of or growing out of s,+.id -work or its construction; tht, sa;d -
<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 J
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />then any judgment rendered against the city Shall be conclusive against the contractor and against the surety
<br />bon0. as to the amount, liabift and other matters pertaining thereto,
<br />aa {11, .�� i;.1:_ <,c�., i1r ..��=GS i4• :Ta.� __ _(: ,. ,_.. ,._ ...., ._.. _ _ .. _.
<br />ttl r Yk---d &sd IS 6414 naaa: -ucr as tixcu.by the STWIC. _.`,. -_!O .u, a-1i•, 'Lo
<br />to stl" {'<'im Vic Board of Public Works a bond_ Y,-4th s1a. i Pnt s ';!_, _
<br />sl; 4 floc,*zoF'$. Arid in ciong such repair Nvork the coIitravt c ! 7 r
<br />contractor and th
<br />ei 0,ct to the same liabili y to the City and cl11y ©iimcr �c rson for a �y �Iialeiy i 2I_.i'_: 6i7 o iy a:_;
<br />erly in the wale maaner and to the same extent as is fixed in the la.s- p ec dzf,g c ,tt=
<br />it, -action work.
<br />And it is further agreed by and between said parties that the acceptance of the work provide{' for it e1A
<br />contract, or the pa.ymcat thereof, shalt not constitute a warier on the kart of the city of any of ti_, p`°O"''-
<br />sous of this contract, nor shall it release said contractor or the sureties on iris bond ►or the fa'1Th ul pdrf r -
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thls
<br />contract, except to the extent of entitling the contractor to the contract rice therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />ouch improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor of the contractor or his assigns, or out of the amount due him or his assigns upon the completion
<br />of the worl:, so much as may be necessary to pay all laborers car materiai men for amounts due them for
<br />work done or materials used or furnished to be used in the performance of this contract and the doing of
<br />paid worn, and the e my treasurer, acting as city treasurer, rrpqy retain money cdllected from property
<br />iwnero asaessed for said improvement to pay such debts or"i r til'the contractor shows that they have been
<br />ohN or eatistied ..
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