|
Engineer filed assessment roll and final estimate for cement curb
<br />and grading on.Mumford Court from Dayton Street to Calvert Street, under Improvement
<br />Resolution No. 10'71. In the City of South Bend, Indiana.
<br />Resolved that notices to the assessments to be published on the 26th.
<br />a.ay of June 1923 and on the 5rd. ua,y of July t923 in tine Sout.d Bena News Times anct
<br />t Tribune , in said City,, stating that this Board will give a hearing on the amounts, of
<br />such assessments at its office in the City Hall on the 26th, day of June 1923 and on the
<br />3rd day of July 1923. at 7:15 P.M.
<br />Resolved further, that the entire work under the above contract be
<br />accepted and approved i nd the final estimate thereon allowed.
<br />Petition received from sidewalk on west side of South 12th. Street
<br />from Pleasant Street to North Side Boulevard. Resolution ordered on same.
<br />Petition received for grade on Sampson Street from Bowman Street
<br />to Ewing Avenue, Resolution -ordered.
<br />Petition filed for sewer on Dayton Street from 1st, alley east of
<br />Clyde Street to.Vernon Street. Resolution ordered.
<br />Petition filed for pavement on Dayton Street from Leer Street to
<br />Vernon Street. Resolution ordered.
<br />The following contracts were approved:
<br />-PUBLIC IMPROVEMENT CONTRACT.
<br />This agreement, Made and entered into this 13t•h. day of June 1923
<br />by and between The Highways Improvement Company of the Coul6ty of St. Joseph and State
<br />Hof Indiana (hereinafter referred to as the " Contractor"), and the City of South
<br />-Bend, in the County of St. Joseph, and State of Indiana, by and through its B and of
<br />R Public Works, (here inafterr-rei'e1qYe7d-to as' uh6 I-Gf-,Cy"), under and by virtue of an Act of
<br />.the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal
<br />Corporations, " approved March 6,1905, and" all amendatory and supplemental acts thereto:-
<br />Witnesseth that the contractor covenants and agrees to construct,
<br />grade curb and walk .oA Garland_ Street from South Bend Avenue to the south line of said
<br />Parker and Allen Addition; the west 1 of Harriet Street from South Bend Avenue to the
<br />south line of Parker and Alien's AJ. The south of South Bend Avenue from Harriet
<br />Street to Jacob Street in the Parker and Alien's Add. In the City of South Bend,
<br />Indiana at the follow ng prices:-
<br />257..O.lin, ft. of curbing per lin ft..................... .50
<br />10630 4q. ft. of cement walk per sq. ft.................. .�3
<br />6050 cu. yds . of grading per cu. yd..................... 01.35
<br />and toperform all work in the prosecution of said itnpravement under and according to the terms and CiGt .
<br />didOns of,Improvement Resolution No....jam adapted by the $oard of Public Works ;� T..� _In _1Z4 U ,1923 •
<br />and the plans, profile and specifications on file in the office of the Department of Public Works. WbiCh said
<br />resolution, plans, profile acid specifications are made a part hereof as fully and effectually as if .copied and 'set out herein at full length.
<br />The contractor further expressly covenants and a grees that in the prosecution of said, woric all proper
<br />skill and care �=rill be exercised, that he '1 p rop�r Ord a�-d p:•o+Act all excavations and dan Brous laces, and will use all due and proper precaution-tc prev2 * ir;ury ro :nv person or pso^2rty;,thaY i the event 0,,
<br />any -injury or damage resulting from the iN._,._, Qr res-l*t ;yfroi, a v *r ttre.r or th;ng connected there�vitl or
<br />arising therefrom, to any person or property, nt v- l! -av ar^ li t,;i'ate the same at ills own expense, and as-
<br />sume the liability therefor; and in the event of any claim or cla:r_is being rn_ide or any action or actions being
<br />brought against the city by reason or on accou,rt of or grot, i;ib of - of ;d �•; .or,.; or its construction, the said
<br />contractor will at$is own expense defend the same, and t-: iii 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 if
<br />within ten days after any such action is begun, the city shall notiiy the contractor of t ae pendency there,gf,
<br />then tiny judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on lns construction board, as to th- amourit, liability and other matters pertahiing thereto.
<br />And the contractor agrees io maintain said injpro-�er_,eiit a;_ �..� au: j. ,mil �� .ts
<br />the pperiod and in the manner as fixed by the specifications, and to secure the tniaintemuc-ia and re l�'thi ,
<br />to file with the Board of Public Works a bond with sufficient surety thereon and, its an antc)utit as fixiA VY tl_
<br />specifications. And in doing such repair work the contractor and the surety on his bond shotll b,
<br />subject to the same liability to the city and any other person for any injury or damage to nt,y pvr, , n or prop.
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph vnN Bring the ouni-
<br />struction work.
<br />And it is further agreed by and between said rart':2s that the acceptance of the work provided for itt thtg
<br />contract, or the payment thereof, shall not constitute a waiver on the paft of tht City of atly of ilia pt ov sR
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the fsi4hft@l parfcr,,
<br />ante thereof; nor shall the acceptance be prima facie evidence oi` 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 makitig of
<br />such improvement and in the performance of this contract, whether done or furnished for him, of hig Idea t,
<br />A9Sig11Ct, successor or -subcontractor; and the city may reserve out of any allowance made on atty estimAte
<br />_tin favor of the contractor- or h+G assigns, or out of the amount due him or his assigrts uptrrt jhe completion
<br />of the work, so much as may-cessary to pay all laborers or material men for stnounto dues 'thetit for
<br />work done or materials used or, furnished to be used in the Performance of this contract and the "ag of
<br />said work, and the county treasurer, acting as city treasurer, way retain money, collo.-Aed from property
<br />owners assessed for said improvement to pay such debts or uifiil �tar s�ltou+s t%Et they hive bier
<br />paid or satisfied the Cgntr
<br />
|