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3s <br />Board met in regular session at 7:15 P.M. All members present. <br />Hearing had on assessment moll and final estimate for Grade, curb and <br />walk on Elmer Street from Frederickson Street to Lincoln Way West, under Improvement <br />Resolution No. 727. In the City of South Bend, Indiana. <br />In the above matter remonstrators appeared and objected to condition <br />of street, the Board after due consideration decided to defer said hearing until Vv1day3. <br />August 20th.,1920 at 10:00 A.M. <br />Representatives of the Oliver Chilled Plow Works appeared before <br />the Board in regard to sewers on Webster and Arnold Streets, constructed in 1919. <br />Mr. J. W. Fites Deputy Street Commissioner present. L. E. Co4ter, Civil Engineer for <br />the Oliver Chilled Plow Works explained to the Board that these sewers would not drain <br />water from the basements of the new houses constructed by the Oliver Company in these <br />streets and requested the Boardto give the Oliver Chilled Plow Works some relieve for <br />the hou5--a they had constructed on these streets. After discussing this matter, it <br />was decided that a trunk sewer on Indiana Avenue from Walnut Street to Olive Street would <br />be necessary to tkke care of .the sewage, and the Board ordered a resolution prepared <br />for a trunk sewer on Indiana Avenue from Walnut Street to Olive Street. <br />Matter of placing of light at Main Street and Eckman Street referred <br />to Beaning , for report. <br />The following bond and contract approved. <br />PUBLIC IMPROVEMENT CONTRACT. <br />This Agreement, Made and entered into this llth. day of August 1920 <br />by and between Staples & Ackerman of the County of St. Joseph and State of Indiana (herein- <br />after referred to as the " Contractor" ), and the City of South Bend, in the County of St. <br />Joseph, and State of Indiana, by and through its Board of. Public Works , ( hereinafter <br />referred to as the " City"),, under and by virtue of an Act of the General Assembly of the <br />State of Indiana, entitled " An Act Concerning Municipal Corporations,, " approved March <br />6th., 1905, and all amendatory and supplemental acts thereto:- <br />Witnesseth, that`the contractor covenants and agrees to construct <br />sewer on Frederickson & Elmer Streets, from Lincoln Way West to Olive Street at and for the <br />following prices: - <br />324 lin. * ft. of 18 in. pipe at.. per.ft..................$ 5.30 <br />295 lin. ft. of 15 in pipe at.per ft.................... 3.95 <br />514-i-in: €t. -of l2 in. pipe, at per lin ft....... .... 3.70 <br />250 lin. ft. of 8 in. pipe, pt per lin ft...............1.00 <br />504 lin. ft. of 6 " conduit pipe at per lin ft.......... 1.50 <br />34 lin. ft, of manholes, per lin ft......................15.00 <br />10 storm water grates at, each .......................... 15.00 <br />4 manholes, curbs and covers, each. 25.00 <br />and to perform all work in the prosecution :of said improvement under and a rd* tQ the torms atW cqj�j= <br />ditions of Improvement Rseso ration No. ..:��3., ...... Adopted by the Board of Public: Worite.... Jura q� 1P20. <br />and the. plans, profile and speii,fica*ions on file fz the office of. the bepa, trnent of Vu1)tc VV®rles It w ,� . � s <br />resolution, ,plans, profile aid 6ecifications are made a part hereof as fully and effectually as if copied P d. <br />set out herein at full length. ' <br />The contractor further expressly covenants and agrees thn.t in the prosecution of said work all <br />skfll and care z- ill be exercis :I; th.. he 1 n-on^ p ° l l„ jk� >• all ex,!avatlons and dangerous <br />and Will use all due P"d prh!)er pre n,iA•oj to pr., r_ :t ir.ni"V «^ .!ry person or p'F ;tit t1�nt 1.1 thA ev(;rI <br />any injury or dame.ge rc�t irg. frcm the urn ' or res..tl�ira from - �e ; w P!tp t f . ` <br />a y -, �t..zr or th_n� ..o� e.<„ d tlt_re�-vi�:it or <br />arising' therefrom, to any pers�.1 or property, h 11 nay Bran liquidate the S.me at his otvn expense, and as= <br />Burnt the liability therefor.; Ana in the event of any cl3lm or claims being made car any <br />action or actions <br />bro tight against the city byreason or on account of or growing out of sF`d work or its comtructlgn, the s� � <br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will io <br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cast, <br />expense, payment or judgment recovered in connection with such claim or claims, action or actions, And 'f ; <br />within ten days after any such action is begun, the city sha°il notify the contractor of. the pendmmicv thernt=F" <br />than any judgment rendered against the city shall be conclusive against the contractor and against the <br />jai hi,' Cost&trtiCtiav >?nnci, as to tb- amotuat, liability and other tyra.tters pertaining thereto. <br />