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Board met in spe1al session at 3.30 PJM4 Mr John F. De Haven
<br />absent.
<br />City Engineer submitted plans and estimate for the, eubmerg .ng
<br />of the Taylor =street Trunk sewer out Sat at Leland Avenue into the River, and the
<br />Board ordered that bids be advertised for on the 20th.0 day of June 1919 and on the
<br />27th.. , day of June 1919 3n the South Bend Daily Tribune, stating that bids will be
<br />received oh. July 8th.,,1919 at 10:00 A.M. The City to pay for said submerging of outlet
<br />and when contract It awarded will be submitted to the Couno it ,far their approval
<br />and appripr fat ion for name,
<br />The following contracts were approved by the Board.
<br />PUBLIC IMPROVEIMN T -CONWACT
<br />This Agreement ,, made and entered into this 19th. , day of June
<br />1919 by and betWaen JoSoph A. Luther 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 />County of St. J©snph, and State of Indiana, by and through its Board of Public Works
<br />( here after 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 Concernign Municipal Corporations,
<br />approved March 6,1905, and all amendatory and supplemental wets thereto:-
<br />Witnesseth, that the coo ractor covenants and agrees to put in
<br />water connections on Calvert street from Mehigan Street to High Street, in the City of
<br />South bend, Indianat and for the following prices:
<br />4 water connest ions on long side, each . . ............ *20.20
<br />'18 wst'ar connections on the short side, each,. ,. 1530
<br />&'ud to perform all work in* the prolfteution o` said improvement tinder and according to the terms arA con.
<br />ditiosts of Improvement Wsobition No. ,..� adopted b the Board of -Public Works ...._..�..�.R.....,
<br />- y Ma 1919.
<br />and the plans, profile and $iyAbifi,-,allors on file the othee of t'he Depa. tment .of Pub, lic Works, which WR
<br />res®i tion, plains, rofift and specifications are made a part hereof• as fully and effectually as if coied anl_
<br />sit 6ht herein at Fl=ull length. p
<br />"''e contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />q�1p€1gf11 Ill Id care =; �1�j'ala [berg exerct<'sil; tr' : he '1 ^-on - •, - _ � a -.._I v- n�.-�r� all excavations and flange*qus places,
<br />and w"I Me All d1je N11d pronPr f1i 2ca,lt;o I to �I 1 .,4 31MI-.�, to qry person or l 'O•: rty; that H #-he event :j
<br />an injury or datna.ge resulting from tl ,e v,D-r r or res from a--v -natter or thing connected tlicretviA of
<br />Ort�ing therefrom, to any pennon or property, he :11 pay aT� i �+e--idate the sarre at . 's own expense,.and as -
<br />,time the liability therefor; and in the ej),ent of'any .cla-Im or ciains being rnade or any action or actions being
<br />bt-0-0ght against the city by� reason or on account. of or growing out of said vror'r or its construction, tkt. said
<br />Contractor will at his own expense defend the same, and rill pay any judgment recovered therein, and wiii in
<br />all respects fully indemnify, and. sava harmless said' city, its officers, agents or representatives from all coat,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or. actions. And I
<br />within ten day! after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thfin any iudgrnent rendered against the city shall be conclusive against the contractor and against the surety
<br />an his -construction bond, as to tl, - , nount, liaoiliV and other matters pertaining thereto.
<br />ti.
<br />And the contractor agre2s to rna! '-ain�said ii;_ . , I_-siltStS°:l ;•
<br />z repairs as may b necessary
<br />the period and in the manner as fixed by the snPci`ica.°ions, and to scc.:re .le wairtenance and repair thereof
<br />to file with Vie Board of Public Works a bond ,th sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shalt be
<br />subject to the sanie liability to the city and any other person for any injury or damage to any perr,en or prop=
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the- c®=
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, sh211 not constitute a waiver on the part of the city of any of the provis=
<br />ions of this contract, nor shall it r;.lease said contractor or the sureties on his bond for the faithful perft�rm=
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />such 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 *�e contractor or ' Zssigns, or o ,t of the•-an;aunt due him or his assigns upon the completion
<br />of the work, so much as ma- cessary to pay all laborers or material men for amounts due there for
<br />work done or materials user z, urnished to be used in the performance of this contract and the doing of
<br />said worn, and the county trcrer, acting as city treasurer, may retain money eollested from property
<br />owners assessed for said improvement to pay such debts or uriiii the contractor shows that they have been
<br />paid or satisfied
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