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HomeMy WebLinkAboutApproving an Agreement City of South Bend, State Hwy Dept. for Fifty Cents Participation of the Municiapl City of South Bend for the Construction of State Project 82 (D) on State Road 2ORDINANCE No. 4262 -59 Passed by the Common Council of the City of South Bend, March Presented by me to the Mayor of the City of South Bend, March 10., 1959 193— Clerk of Common Council Approved and signed by me March 100 1959 —193— Clerk �7 MAP 9'55 PM ORDINANCE NO. L/ —._)6Q_ AN ORDINANCE APPROVING AN AGREEMENT EXECUTED BY THE BOARD OF PUBLIC WORKS OF THE MUNITIPAL CITY OF SOUTH BEND WITH THE STATE HIGHWAY DEPARTMENT OF INDIANA FOR FIFTY PERCENT PARTICIPATION OF THE MUNICIPAL CITY OF SOUTH BEND FOR THE CONSTRUCTION OF STATE PROJECT 82 (D) ON STATE ROAD 2 (Western Avenue) FROM MAPLE STREET EAST TO 0. 02 MILE EAST OF TAYLOR STREET IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That the acts of the Board of Public Works of the Municipal City of South Bend in executing an agreement dated March 9, 1959 providing for the use of City Funds in the construction of a State road are hereby approved and confirmed, and said agreement is set forth in full as follows: AGREEMENT PROVIDING FOR THE USE OF CITY FUNDS IN THE CONSTRUCTION OF A STATE ROAD THIS AGREEMENT made and entered into by and between the State of Indiana, through the State Highway Department of Indiana, herein- after referred to as the Department, and the City of South Bend, through the Board of Public Works of the City of South Bend, herein- after referred to as the City, witnesseth: THAT. WHEREAS, under and by virtue of Acts of the General Assembly of Indiana of March 7, 1945 (Acts 1945, ch. 278., p. 1245) and of March 9, 1957 (Acts 1957, ch. 118, p. 203) passed in aid thereof, the Department has authority, to expend funds on streets in the several municipalities of the State, that are a part of the State Highway system, and WHEREAS, under the provisions of said state act, any city of the State of Indiana is aughorized to cooperate with the State Highway Department in the construction of such state highway routes, on the state system under the control of the Department, and to enter into agreements as to contribution for meeting the costs of construction thereof, and WHEREAS, through the cooperation of the City and the Depart- ment, the following designated project in said City has been selected as a road project suitable for construction under the provisions of the act aforesaid, namely, State Project 82 t01).'!, on State Road 2 (Western Avenue) from Maple Street east to 0. 02 mile east of Taylor Street in South Bend, In diana, and WHEREAS, the total estimated construction cost of the project is $71, 700. 00, and WHEREAS, the City's share of the cost shall be 50% of the total amount of the entire final construction cost of said project and the City has, by an appropriation duly made and entered of record, appro- priated the sum of $35, 850. 00 to apply to the cost of said project, which amount is estimated to equal the City's share of the entire cost of the project. IT IS THEREFORE AGREED by and between the Department and the City as follows: 1. The plans and specifications for the proposed project shall be prepared by the Department, which plans and specifications shall be completed and ready for the letting of the contract not later than day of , 19_ 2. The plans and specifications shall be subject to the approval of the City. In the event that said plans and specifications are duly approved by said City, the Department shall, within a reasonable time, in accordance with the laws and regulations governing the letting of contracts by said Department, advertise for bids, and. upon receipt and approval of an acceptable pro- posal, the Department shall award a construction contract there- fore under the laws and regulations governing said Department. The construction contract shallnot be let for a price in excess of the Engineer's Estimate. 3. Before the awarding of the construction contract and before the beginning of the work thereunder, the City shall contribute and pay to the State, through the State Highway Department, a sum equal to 50% of the bid price for construction; and, upon the completion of the contract, the City shall pay to the State, through said Department, the remaining part of the portion of the cost for which the City is liable under the terms of this agree- ment. The City's portion of the construction cost is 50110 of the total payment to the contractor. It is understood that the con- struction contract is to be awarded on unit prices, on estimated quantities, and if the total paymentto the contractor under the construction contract is more or less than that estimated at the time of signing the construction contract, the City's portion of the cost shall increase or decrease accordingly. In no case shall the City pay to the State less than 501a of the cost of the construction contract work. Changes in the construction con- tract will not be made without approval of Raymond S. Andrysiak, City Engineer of South Bend, or his duly authorized successor. 4. That in addition to the cost hereinbefore mentioned, the State shall provide competent and adequate engineering and inspection service to insure the performance of the work in accordance with the construction contract, plans and specifications. The State, through the eengineers and inspectors, shall make reports to the City as to the progress and performance of the work at such times as the City may require. 5. It is understood and agreed that the duties of the City in complying with all acts preliminary to the advertising of, the letting of, and the beginning of the work on the construction contract are of the essence of this agreement, and the Department reserves the right to reallocate the funds set aside for the carrying out of this agree- ment and to use such funds elsewhere upon the failure of the City to perform the acts so required by this agreement. IN WITNESS WHEREOF the State of Indiana and the City, through their undersigned respective officials, have hereunto affixed their signatures. ATTEST: Edward F. Voorde 011 yj Mayor of South Bend Ls: R% 2nd READi�lG G,',`!11UTEE Or THE dtHOLE PL'EUO HEARING (� 3r REP,DmG Pet7: At Fi`i VE(i REFL Q ED PASZEJ 31f l S1 Approved as to legality and form Attorney General of Indiana (Acknowledgment s) CITY OF SOUTH BEND BY: BOARD OF PUBLIC WORKS Raymond S. Andrysiak Prdsident Frank Bruggner Member Irving J. Smith Member STATE OF INDIANA By STATE HIGHWAY DEPARTMENT OF INDIANA Chairman Secretary SECTION II. This ordinance shall be in full force and effect from and after its adoption and approval by the Mayor. - v Member of the Common Counkil