|
796
<br />Petition filed and resolution ordered for the vacation of
<br />the first alley west of Ernsperger Street IThieh alley extends from Ewing
<br />Avenue to Donald Street as shown on the plat of Springbrook acres as platted
<br />by Iden S. Romig and wife.
<br />The following band and contract approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 16th. day of Ma�eh
<br />1923 by and between Staples & Ackerman of the County of St. Joseph and State
<br />of Indiana (hereinafter referred to as the " Contraetor"), and .the City of
<br />South Bend, in the County of St. Joseph, and State of Indiana, by and through
<br />Its Board of public Works, (hereinafter referred to as the " City),, under
<br />and by virtue of an Act of the General Assembly of the State of Indiana,
<br />entitled An Aot Concerning Municipal Corporations, " approved.Mareh 6,1905,
<br />and all amendatory and supplemental acts thereto:
<br />T,itnesseth, that the contractor eaVenafats a,nd agrees to con-
<br />struct pipe sewer on Ewing Avenue from Miami Street to Clyde Street, in the
<br />City of South Bend, Indiana at and for the following priees:-
<br />570,lin.
<br />feet of 15",
<br />pipe per
<br />lin ft.
<br />$2.70
<br />785 lin.
<br />feet of 12"
<br />pipe per
<br />lin ft.
<br />2.30
<br />205 lin.
<br />feet of 10"pipe
<br />per
<br />lin ft.
<br />1.90
<br />330 lin.
<br />feet of 8 "
<br />pipe per lin ft.
<br />.90
<br />1285 lin.
<br />feet of 6"
<br />conduit
<br />pipe per lin ft.
<br />1.00
<br />80 lin. feet of manholes
<br />per lin ft.
<br />8.00
<br />13 storm
<br />water grates, each
<br />10.00,
<br />7 manholes curbs and
<br />covers,
<br />each
<br />18.00
<br />�u Lo per olnn aii ,work in the prosecution of said improvement under and according to the terms and, anti,
<br />d.itions oi IrmpTec eir'.ent resolution No. -_l_1.3.5------------- adopted by the Board of Public Works... March 6,1923.
<br />and the plans, profile a.rd specifications on file i-i the office of the Depa:tnient of Public Works, 17bTFI said
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />T'he contractor further. expressly covenants and agrees that in the prosecution of said work all propel'
<br />skill at d care <--i'l be exercisi_° ; th - he "1 n on -> -= d F -)--t_ all excavations and dp.ngerous places,
<br />and „ill use all due and roper preca?lt;on to i� »ry ^ �r_ person or P y P F-c^erty; that in the ev(nit of
<br />any injury or damage resulting from the t r,-' or rt=;r l"i g from a-v .-,tier or thing connected thereivitli ox
<br />arising therefrom, to any person or property, her =11 paw at-^ 1;cidate the same at his ov'm expense, and as
<br />sumo the liability therefor; and in the event of any c=air-n or claims beiag made or any action or actions b .
<br />brought against the city by reason or on account of or gro;ving out of s�-d work or its con?+ructio7, s-'
<br />contractor will at his own expense defend the same, and vriil pay any judgment recovered therein, acid v``
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cos:,
<br />expense, payment or judgment recovered in connection v-ith such claim or claims, action or actior_s. Aid f
<br />within ten days after any such action is begua, the city shall notify the contractor of t: ,: pend,�~;cy tl7er
<br />t'h-n any judgment rendered against the city shall be co :cl=,,sine against the contractor and against the
<br />on his construction bond, as to tiv, anio-Luit, lialvitlty a-_ d ocher inatters pertah,,iinr trhereto,
<br />And the contractor agrees to tsnairitain said improvement and make such repairs as may be necessary < . the period and in the manner as fixed by the specifications, and to secure the maintenance and repair therm€
<br />to file with the Board of Public Works a bond with sufnCie, rlt-surety thereon and in an amount as fixed by th-_
<br />8pecifications. 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 persc. n or pi,(,;_)
<br />erty in the same manner and to the same extent as is tlaed in the last preceding paragraph covering the coat
<br />struction work.
<br />And it is further agreed by and between said r rt'^s ti^_at the acceptance of the work provided for in th--
<br />contract,
<br />or the payment thereof, shall not constitute a Wgiver on the part of the city of any of the p.ovi >
<br />ions of this contract, nor shall it release said ccatrnctor or the sureties on his bond for the faithful perfoar__: ance thereof; nor shall the acceptance be parka facie evid4nce of the perfori ia��ce of any provision of tlbis
<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 inthe rija.T>-ii Such improvement and in the performance of this contract, whether done or furnished for hire, or his a.g- assignee, successor or subcontractor; and the city may reserve out of any al'owance riade on arty c5 1
<br />in favor of the contractor or 1— assigns, or out of the cniount due him or his assigns upon. th cai;.y,5
<br />of the work, so much as maI cessary to pay all laborers or r:ateria, r.en #nor arnoo;,ts due th::; k 1 _, work done or materials used or furnished to be used in the performance of this contract and said worn, and the county treasurer, acting as city treasurer, iaajyretain money cc" owners assessed for said improvement to pay such d?hts or iztrril tfr contrRCt,)r
<br />-td,,Pr .satisfied
<br />
|