|
564-
<br />Tuesday November 2104., 1922, Continued.
<br />In -the above. wnueetion, we wish to again$* remind the Board that the
<br />specifications under which Mishawaka Avenue was improved, provide generally for the
<br />ingredients entering into the asphaltic const,ructon, both as to binder and top
<br />surface, The specifications also provide that -the particular* percentages of each
<br />used shall depend on the character of the street, the usuage reasonably to be
<br />expected, and other considerations, and that the judgement of the City Engineer, his
<br />,agents, and assistants shall be binding upon the company as to the particular
<br />formula to be used.. Since some misunderstanding and possible controversy has
<br />arisen.over the matter of the exact formula as to various operations of the work_
<br />on the above named street,`we are desirous that, the City Engineer and his.chemist
<br />shall specifically advise us as to 'the exact character and composition of either
<br />the binder or top .surface to be used in the proposed repair work. We are very
<br />glad to have our chemist confer otith,the Cityts chemist to the end that the best
<br />results may be approached with reference to all proposed repair work. We understand
<br />that in conformity with our con"fer'ence with the Board of Public Works and Mayor -some
<br />weeks ago,, that whatever is done with reference to repairing the street, at, this
<br />time, both as to the extend of the repairs and the character of the work, shall be
<br />w6thout prejudice either to the City or our company, as to the question of liability
<br />of the Whine Construotion.Co. under its bond and contract covering the street in
<br />Question.
<br />Very respe etfully
<br />FJH:MH F.-J. Herlihy
<br />Filed General Manager
<br />Nov. 28,1922
<br />Board of PUblic forks,
<br />The following bondau4noontta4ts approved
<br />PUBLIC
<br />in�rovemen Contract.
<br />This Agreement, Made and entered intothis 21s4t.,day of November
<br />1922 by and between George Pontarell.i of'the County of Cook and, tate of Illinois
<br />/(hereinafter afferred to as the " Rentraetor"0, and the City: of South Bend, in the
<br />County of St. Joseph, and State of Indiana, by and through its Board of Public
<br />Works, (Hereinafter referred to as the " City"), under and -by virtue of an act, of
<br />the General Assxbly of the State of Indiana, entitled " An Act Concerning Muni-
<br />cipal Corporations," approved March 691905, and all amendatory and supplemental acts
<br />the reto:A
<br />Witnesseth that the contractor covenants and agrees'to construct
<br />Trunk sewer on West Calvert Street District, in the City of South Bend, Indiana
<br />at and for the following;priees:-
<br />334 lin. ft. of 20 inch per lin ft, $6.65
<br />19576 lin. ft of 20" vitrified pipe per lin ft. 3.55'
<br />380 lin. ft. of 18" per lin ft. (vitrified pipe)3,30
<br />705 lin. ft, of 15" vitrified pipe per lin ft. '2.60
<br />3990 lin, ft. of 12" vitrified pipe per lin ft. 2.30
<br />305 lin. ft. of 10" vitrified pipe per lin ft. 2.20
<br />1397 lin4 ft of 8" vitrified pipe per lin ft. .70
<br />4328 lin. ft. of 6 " conduit pipe per lin ft, .70
<br />278 lin. ft. of manholes per lin ft, 8.00
<br />} 65 storm water grates, each 10.00
<br />24 manholes curbs and covers, each 18.00
<br />} t,l vq-rf@tt)i work iin the prosecution of said im rovement under and actor,,:
<br />p dung to the terms
<br />40 0_ V'€;x►�" t l6soltttioti Sao- . 1.i0.70.....,...,, Adopted �y the Boat d of Puhlic Works..``sept • 29,1922
<br />r{d ti'� p "ugi PYOAi,* ffi 1ecj fat}oi�s on file in the office of the Department of Puhlic Works, which said
<br />-ftsoluti rt, p1h,11- rdfrlt �-� specifications are' ma4e a part 'hereof as fully and effectuaiiy as if copied and
<br />$fit 00 etsfn at till length,
<br />The cdtitrItetbr further cstpressly covenants and agrees that in the prosecution of sal$ w6t* all proper
<br />akill a,ttd Cahn Will be exercised, th t he -will ro 4-t _ _ _ ct
<br />a wfll use all dtte tttid prdheY recatition to p r vant in Y ^«,) ry per o excavations and dangerous places,
<br />p ju"y y person or Fro�,rty that i� the evPlit. �f
<br />1 jury f9#' dEtinlh: 0 resulting rc�trs the tv9x'._ or res+.tl+.irg from Iry rn�tter or thing connectPd'therewitli or
<br />P in t krefrom, to any person or property, he twill pay an4 lic laidate. the same at his own expense, and a-s-
<br />/little fb# liability thet'ef6r; and in the event of any claim or claims being made or any action or actions beir.g.
<br />bretight t►gaitis# the City by ran -son or on account of or growing out of said work or its construction, the said
<br />Cotitrs:etor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />eft P"Pecta %11y indemnify and save harmless said city, its officers, agents or representatives from all. cost,
<br />fthdllsat D&MOt or w ent recovered ini connection with such claim or claims, action or actions. And -if
<br />wi i th &Ys after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thin Rhy judgment -tendered against the city shall be concirsive against the contractor and against the surety
<br />rh hip WhA`ilC 10ft 6h.ti, as to the amount, liability and other matters, pertaining thereto.
<br />.W,
<br />
|