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Tue da October 1 th
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<br />Board met in regular seas ion at 10i 00 A.M. All members present.
<br />Complaint received about defective aidewalk on'Outh Michigan
<br />Street in fr ont of Draft's ' Ten Cent Stare. Same read and placed on file*
<br />street Commissioner instructed to put alley- between Michigan Street _
<br />and -Ma In Street . along Auditorium Theatre Building in good c and it ion.
<br />Chas. Septh appeared before the'Board and complained about
<br />water tap on St. Louis Blvd, this matter referred to the Eng ine.er ing Department "for
<br />Invest igat ion.
<br />Clerk instructed to send letter r to.the few Yerk Central Ry. Coo.
<br />about rdifec.tive cro-3s ing at their right of way .and Lafayette Street..
<br />The following bonds and contracts were approved iy the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this lgth. day, of October
<br />1920 by and between Bruno De .Peape of the County of St. Joseph and State of . Indiana
<br />(herolsafter referred to as the " Contraoter"), and the pity of South .Bend, in the Counter
<br />of St. Joseph, and State of Indiana, by and through itd `Board of -Public Works,(hereinafter
<br />referred to ae the " City" ), under and by virtue of an Act of the General Assembly of the
<br />Sft*&-.-nf Indiana, entitled " An :Act G.oncerning Municipal Corporations, " approved March
<br />and all amendatory and .supplemental acts therete:
<br />Witnesseth, that the contract covenants and agrees to construct,
<br />sewer on gill Street, from Corby Street to Howard Street, in the City of South Bend,
<br />,Indiana at and for the following prices:=
<br />314 1 iA-, , of 6" .pipe sewer, per. 1 in ft.... , ...... $1.50
<br />J. 370 lin. ft. of 12" pipe sewer, per lin ft.......... 4.50
<br />-10 lu. ft . of manholes, l per lie ft.......... , .`.....15. 0
<br />1 manhole curb and cover, each. ........`... 30.00
<br />and to perform all work in th prosecution of said. improvement under and according to the terms aud. sex
<br />ditions of I n rov ^ . p ement I2iescil�rtion No..__.__. g,39_:___ __., i�c�opted by the -Board of Public Works.... ..:.,3.11920.
<br />and the, plans, profile and specifications on file in the office of the Department of Public Works,, w +Gh said
<br />resolution, plans,, profile and specifications are'made a part; heredf; as fully and effectually as ff copied and
<br />set' out herein `at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of°said work all proper
<br />skill and care will be exercised; that he --r'11 p op _,- a~d p• o`^rt' all excavations ,and daftgerous places,
<br />and will use all due and proper,preca*ition to prevent,infu-y v) .ry person or pro^arty; that lni the event of,
<br />any injury or damage -resulting from the vv�r': or resulting from a y rr;;tter'or thin€ e nreetPd-therewi'h or
<br />arising therefrom, to anypersan or.nroperty, he �- 11 pay am liq-uidate the same at -is own expense, and as.
<br />sume the liability therefor; -and in the event of any claim or' claims being made or any action or actlons'bting ' :
<br />brought against the city by reason or: on account of or growing out of '-,,.id work or, its construction, th.e said
<br />contractor will at hisown expense defend the same, andwill 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 T
<br />within ten days -after any such agtion is begun, the city shall notify the contractor of the pendency thereof,
<br />tti"'aay jutlparA.eat rendered against the city shall be conclusive against the contractor and against the surety
<br />00,Ws abnALructicia band, as to tb- amotmt, liability and other matters pertaining thereto. u
<br />And the contractor.aarees to maintain saia_.,. _ .<<..L si." r1z , k:
<br />the period and: n the manner as fixed by the snPciAca.tions, and to see -re Lue r iaiaictaaace 4.-A repair n ;
<br />to file with' -the Board.of Public Works a bond with sufficient surety thereon and in an amount as hied
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall 'be
<br />subject to the same liability to the city and any other person for any injury or damage to any pers,_'a or prolo-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the cost-
<br />struction work.
<br />And it is further agreed by and between said parti; s tl�at the acceptance of the work provided for'{n this
<br />Contract, or the payment thereof, shall not constitute a waiver an the part of the city of any of the proy'is-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform=
<br />ante thereof; nor shall the acceptance be prima facie evidence of the'performance of any provision o€ 4his
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for ali.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 the contractor or h;Q assigns, or out of the amount 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 flue them for
<br />Work done or materials used or furnished to be used in the performance of this contract and the doing of
<br />said work, and the .county treasurer;, acting as city treasurer, may retain money col wted from- property
<br />owners assessed for emit improvement to pay such debts or until the -contractor dhows that they have beer
<br />paid or oatia6eel
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