Loading...
HomeMy WebLinkAbout06/06/1923 Board of Public Works Minutesedne Board met in regular session at 7015 P.M. All members present. The Board 'of Public Works hav*xg under consideration, the con. struction of a Trunk sewer on Meade.Strdet from Huron Street to Sample -Street, under Improvement Resolution No. 1193 described as follows: -Beginning at the manhole at the north line of Huron Street, and the center line of Meade Street; 'thence south along the center, liz:.e of Meade Street to the center line * Poland Street with a 24 inch vitrified pipe sewer; thence still south along the center line of Meade Street to*the center line of Fisher Street with an 18 inch vitri- fied pipe sewer; thenee.still south along the center line of Meade Street to the center line of Sample Street with a 15 inch vitrified pipe sewer. Also: Begin- ning at the intersection of <the center line of Meade Street and Ford Street; -thence west along the center line of Ford Street to a point 40 feet east of the east line of Kaley Street with a 10 inch vitrified pipe sewer, and having given notice of the adoption og said resolution, met pursuant to said notice and at th at the time and place fixed herein., and no remonstrators appeared and no written remonstrance filed or evidence being presented by any persons interested in said proposed improvement. The Board now finds.that the area or district, to be drained is property bounded as follows:- Beginning at the intersection of the south t line of Huron. Street and the lst. alley west of Olive Street; thence south along said alley to the 1st. alley north of Ford Street; thence west along lst. alley north of Ford Street to the 1st, alley east of Meade Street;;' -t;h6zice south along the lst, alley east of Meade Street to the north line of Lot, 658 Third Plat of Summit Place Addition; thence west along the north line of said lot to a point 100 feet east, of the east line of Meade Street; thence south to the north line of lot 660 in said 3rd. Plat;-Ahencs east along the north line of said lot 660 to the 1st. alley east of Meade Street; thence south along the lst. alley east of Meade- Street'to the lst..alley south of Ford Street; thence east along the late alley south -or Ford S%reet`to the 1st, alley west of Olive Street; thence south along the 1st. alley west of Olive Street and said alley produced south to a point 150 feet south of the south line of Sample Street; thence west parallel with and 150 feet south of thesouth line of Sample Street to the 1st. alley east of Kaley Street extended south; thence.north along said alley and said alley extended to the south line of lot 913 in 3rd. Plat of Summitt Place Addition thence west along south line of said lot, to the east line of Kaley Street; thane north along the,east► line of Kaley Street to nortk line of lot g12 in said Addition. thence east along the north line of said lot 912 to the 1st. alley East of Kaiey Street; thence north along the 1st. alley east of Kaley Street, to the south line of Huron Street; thence east along the south line of Huron Street, to the'place of beginning, all.as described in preliminary resolution aid the Board further finds that the special benefit to the property within: such district or area and.the benefits to the City will be equal to tksx or exceed the estimated cost of said proposed improvement as shown by the estimate dithe City Engineer, heretofore filed, and bke said resolution is now in all things confirmed. Resolved further, that notices be published on'the 12th. day of June 1923 and on the 19th, clay of June 1923 in the South Bend News Times and Tribune, in said City, stating that this Board will receive bids for the constr- struction of said improvement up to 10:00 A.M. Tuesday June 29th.1, 1923 . The Board reserves the right to reject any and all bids. . Hearing had an Imtprovement Resolution No. 1187 for sidewalk on south side of Keller Street.frem Portage Avenue to the west line of Morris Park Addition. In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance was filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost or the sexes as reported by the City Bivil Engineer, and thereupon takes final action on said resolution as originally adopted and the same is kereby in all things ratified, confirmed and approved. Resolved further, that notices be published on the 12th. day of June 1923 and on the 19th. day of June 1923 in. the South Bend Daily -Tribune -- and News Times, in: said CiTy, stating that this Board will received bids for the construetion of said improvement up to 10:00 A.M. Tuesday June 29th. 1923. ,The Board reserves the right to reject any and all bids. 2xaxd x Wednesday June 6th., 1923. QOntinued. Hearing heed on Improvement Resolution No. 1176 for the Grade, curb and walk on Oswald Street from Walnut Street to Magnolia Street, inthe City of South Bend, Ind Tana . Upon said hearing no remonstrators appeared and no written remon- strance was filed. The Board being fully advised in the premises, decides that the ben*- fits to property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer, anal thereupon takes final o action n said resolution as originally adopted and the same is hereby in all things, ratiied, confirmed. and Approved. Resolved further, th t notices be published on the 12th. day of June 1923 and on the 19th, day of Jury 1923 in the Suth Bend Dsily Tribune and News Times, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M: Tuesday June 29t,h.,1923. The Board reserves the right to reject any and all bids. Hearing had on Improvement Resolution No. 1192 for the pipe sewer on Ford Street from Olive Street to Meade Street, in the City of South Bend, Indiana* Upon said -hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost of thesame, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same is'hereby in all things rati,fied., confirmed and approved, Resolved further, thatnotiees be published on the 12th. day of June 1923 and on the 19th. day .of June 1923 in the South Bend Daily_Trihune and News Times in said City, stating that.tklzx Bids will be received for the construction of of said improvement up to 10:00 A.M. Tuesday June 29th.0 1923, The Board reserves the right to reject any and all bids. ' Hearing had on improvement Resoluton No. 1182 for the pipe sewer on Dayton Street from Caroline Street to a point 409 feet east of the center line of Caroline Street. in the City of South Bend, Indiana. Upon said hearing so kemonStrators appeared and no written remonstrance vas r- filed. The Board therefore being fully advised in. the premises decides that the benefits to property liabld tobe assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same is hereby ub akl things ratified, confirmed and approved. Resolved Further, that notices be published on the 12th, day of June 1923 and on the 19th. day of June 1923 in the South Bend Daily Tribune and News Times stating -that this Board will receive bids for the construction of said improvement, up to 10:00 A.M. Tuesday June 29th., 1923. The Board reserves the right to re jec t any and all bids. Hearing had on improvement Resolution No. 1178 for the pipe sewer oon Wayne Street from Notre Dame Avenue to Francis Street, in the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- nuance was riied. The Board being fully advised in the premises, deaddes that the beheflts to proper•,* liable to be assessed for said improvement are equal to the stimated cost -of the same, as reported by the City Civil Engineer, and thereupon takes finial action on said resolution as originally adopted and the same is hereby in all things ratified, confirmed and approved. Resolved further, that notices be published on the 12th. day of June 1923 and on the, 19th. day of June 1923 in the South Bend Tribune and News Tines, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. Tuesday Juxe 29th.9 1923, The Board reserves the right to reject any and all bids. Hearing had on, improvement Resolution No. 1191 for the pipe sewer on Webster street'from Indiana Avenue to Prairie Avenue, in the Ciy City of South Bend,.. Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filet. The Board being fully advised in the premises, decid rdecides that the benefits to propeity7 liable to be 'assessed dfor said improve - next are equal to the stimated cost of the same, as reported by the City Civil . Engineer, and thereupon take a final action on said resolution as originally adopted and "the same is ;hereby in all things ratified, confirmed and approved. Resolved further that notices be published on the 12th. day of June 1923 and on the l9th. day of�iune 1923'in the'South Bend Tribune and Mews Times, stating that this hoard will receive bids for the construction of ,said improvemeInt up to 10:00 A.M. Tuesday June 29th., 19230- The Board reserve the5:iight to reject axy and -all bids, . Hearing had on improvement Resolution No. 1186 for the r&Ao , curb and walk on Dubail Avenue from Webster Street to Walnut Street the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised in the premises, - decides that the benefits to property liable to be assessed for said improve- ment are equal to the estimated cost of the sane, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as origin - alley ado*ted and the same is hereby in all things ratified, confirmed and approved. Resolved further, that notices be published on the 12th. day of June 1923 nd on the 19th: day of June 1923 in the South Bend Daily.Tribune and News Times,;stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. Tuesday June 29th., 1923. The Board reserves the right to reject any and all bids. Hearing had do improvement Resolution No. 1188 for the sidewalk on south side of Corby Street from Walsh Street to the east line of Park Place Third Add, in the City of South Bend, Indiana. In the above matter no remonstrators appeared and as written r'emonstrance was filed. The Board being fully advisees in the premises. decides that the benefits to property liable to be assessed for said improve- ments are equal to theestimated cost of the same as reported by the City Civi Engineer, and thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things ratified, confirmed and approved Resolved further, that notices be published on the 12th. day of June 1923 and on the 19th. day of June 1923 in the South Bend Daily Tribune and News Tithes, stating that this Board will receive bids for the con- struetion of said improvement up to 10:00 A.M. Tuesday June 29th.', 1923. The Board reserves the'right to reject any and all bids. Hearing had on Improvement Resolution No. 1183 for the Grade, curb and walk on North side of Kinyon Street from Portage Avenue to Blaine Avenue, in the City of South Bent, Indiana. Upon said hearing property owners appeared but no written remonstrance was filed. The Beard being fully advised in the premises and it was decided to modify said ratel-utlox by including tij#le to protect, sidewalk and curb from open ditch. Aad the Board decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer, and there- upon takes final action on said resolution as modified and the same is hereby in all things ratified, courirmed and approved. Resolved further, that notices be published on the 12th. day of June I923 and on the 19th. day of June 1923 in the South Bend Daily Tribune and News Timeft stating that this Board will re`ie ds for the eon- struction of said lmproy*ment up to 10:00 A.M. Tuesday June th. 1923. The Beard reserves the right to re eet and and all bids. Wedne sda June 6th., 1923. continued. 309 Hearing had on resolution for grade, curb and walk on Magnolia Street Kosciuszko Street and Pulaski Street from Indian Avenue to New Jersey, Indiana and ZLlinois R. R. Co. under IMprovement Resolution No.,1177. In the City of South Bend, Indiana:. 4po,n said hearing Attorney G..A. Elliott representing Louis Kanouse appeared befor4 the Board and presented petition requesting the Board to eliminate vvai$ on the north side of Oswald Street from Walnut Street to Magnolia; also curb and walk betweent ehr gith of way of the N. J. & I. Comp any and the north boundary of lot No. 299 on Magnolia Street; also curb and walk between right of way of the N. J. & I. Company and stopping at the noth boundary of lot No. 326 on Kosciuszko Street and Lot 347 on Pulaski Street. -The Board after having said matter under consideration and hearing all parties interested modified said resolution as requested, and the Board being fully advised in the premises, -decides that the benefits to property liable to ire -assessed for said improvement are equal to,the ast,imated cost,of the ssme, as reported by the City Civil Engineer, and thereupon takes final action on said resolutions-asmodi 'ied'..and:::thr ame is hereby in all things ratified, confirmed and approved. Resolved.furTherl. that notices be published on the 12th. day -of dune 1923 and on the 19th. day of June 1923 in the Soui•h Bend Daily Tribune and News Times, stating that this Board will receive bids for the construction of said improve- ment up to 10:00 A.M. Tuesday June 29th.9 1923. The Board reseves the right'to reject any and all bids. Copy of petition filed .South Bend, Indiem. June 6,19k3. Board of Public Works South Bend, Indiana. Gentlemen: Louis Kanouse isthe owners of the foiltwigg described property in the .City of South Bend, Indianai, to -wit:- , Lots No. 265 to 274 inclusive abutting on Oswald Street, Lot No 2e6 abutting on Magnolia Street,, Lot No. 322 and 325 on Kosciussko Street, Lot No. 348 abuttir on Pulaski Street. The above property is held by Louis Kanouse under a Land contract and option of sale from the Oliver Chilled Plow Company. Negotiations are now pending for the purchases and acquiring of lots Nos. 347-326-321 and 299. The above property is all in the heavy industrial district and,,the property will be used for industrial purposes, The, holders of the present contract from the Oliver Chilled Plow Company although not legal remonstrators and not wanting to remonstrate'against an improvement effecting the other property, they respectfully request the Board to modify the Resolution by the elimination of the .mlk o the north side of OswJd street from Walnut to Magnus Also the curb and walk between the ight of way of the N. J. & I. Company And the north boundary of lot No, 299 on Magnolia Street; also the curb wad walk between the Right of way of .the N. ,;. �I,� Company and 'stopping at the north boundary of lot No. 326 on Kosciuszko Street and`347 on Pulaski Street, pending thepresent negotiations with the Oliver Chilled Plow Company for the purchase of the balance"of the property above named, and also pending the industrial disposition that might be made of the property after the purchase, . in the event 3479326021 299 are purchased before Lhe" writ"raci,or starts work curb and walk to be eliminated in front of above described lots. LOUIS KANOUSE ' ..e..., FILED BY G. A. ELLIOTT JUN 6.1923. His Attorney BOARD OF PUBLIC WORKS BY Modified as per attached petition of Louis Haneuse. Hearing had on Improvement Resolution No. 1189 for the pavement, on Brookfield Street from Lincoln Way Best to Vassar Avenue, in the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance was filed. The, Board being fully advised in the premises, decides that the benefits to property limbel to be assessed for said improvement are equal to the esti- mated cost of the same, as reported by the City Civil Engineer, and thereupon takes fin final action on said resolution as originally adopted,, and the same is hereby in -all things, ratified, confirmed and approved. Resolved further, that notices be publishedon the.12th. day of June 1923 and on the 19th. day of June 1923 in. the Suth Bend Times and Tribune, stating that this Board will reeei ve bives for the construction of said improvement up to 10=00 A.M. Tuesday June 29th.9 1923. The Board resrves.the right to reject any and all bids, i Hearing had on 1vtprovem*n.t . Resolution N9"` 174 for the Pavement on Marietta Street from Indlari� Ave. to Broadway', in the `City of South Bend, Indiana. t j; Upon said hearing no remoristrators appeared and no written remoiA stranee was filed. The Board beingfull advised in the ypremises.' reteiseffi decides P , es that the benefitis.to property liabel to 'be assessed for said improvements are equal a to the estimated cost of the -same, a s reported by the Cite Civil Engineer, and thereupon takes final action on said resolution a,s originally adopted and the same.is.hereby in all things, ratified, oonfirmed and approved. Resolved further, that notices be published on the 12th. day o£ June 1923 and -on the 19t41 day of June 1923 in the South Bend Daily Tribune and News` -Times, stating that this Beard will receive bids for the construction of said improvement up to 100.,00 A.M. Tuesday June- 29th., 1923. The Board reserves the right to reject any and all bids. Hearing had on improvement Resolution No, for the Pavement on Altgeldt, Street from Michigan Street to Erskine Blvd. In the City of South Bend Indiana. In the above matter property owners appeared objecting to said improvement at this time., Fred W. Keller and Marshall Kirkley appeared for said improvement, The Board decided to defer said hearing until Wednesday Jun, 13th.., 1923 at 7:1 5 P.M. This being the date set for thearing on Condemnation -Resolution No. for the appropriation of land for an easement for Trunk sewer between. Jefferson Street and Mish%wka Avenue. The Board decidedt.,to defer said hearing until Wednesday June 27t,h.,, 1923, at 7015 P.M. - 'Civil Engineer Chas. Colea appeared before the Board and preset presented Plat of North Shore Terrace. Same was referred hack for -proper dimensions. George Platner of the Perk Board appeared before the Board and requested that electric lights be placed on Tourist Camping Grounds in Po Pottowatomie Park north of the Lagoon. -Same referred to T. H. Beaning for Inspection and report. City Engineer filed the following estimated costs: - Pipe sewer on Dayton Street at....,,., $2.390-00 ' Pipe sewer on Magnolia Avenue from Indiana Avenue to Prairie Avenue at......04,607.00 gt.•'..•+•..•.. Pipe sewer on Ford Street from Olive Street to Meade Street $2,162.00 Pipe sewer on Webster Street from Indiana Avenue to Prairie Avenue a.......$2,014.00 Trunk sewer -on Meade STreet at..........,.$12,653.00 Pipe sewer on Wayne Street from Notre Dame Avenue to Francis Street at......8970.00 may, Partial estimate allowed H. L. Davis & Sons for��,..$1,184.81 Clerk instructed to send thirty day notice to property owners at southwest corner of Fisher Street and Olive Street to repair or oonstruct new sidewalk. Clerk instructed to send thirty day notice to Chicagd, Lake Shore and South Bend 'Railway Company to construct walk and curb on Orange Stree and Birdsell Street this City. Bid of the Williston Consruetion Company on Edgewater Drive n and Harper Court from Arch Avenue to River read as follows:-, 311 Wednesday June 6th. , 1923. Continued. Petition and waiver filed for grade, curb and sidewalks on Colfac Avenue from Fast line of Sunnys:ide Avenue to the, west line Hof Sunnypide Manor 494x41fiff Same approved by the Board and resolution ordered on same. w�.�Erz TO THE BOARD OF PUBLIC WORKS SOUTH BEND,IND. WHEREAS, the Board of Public Works of the City of South Bend, Indiana. did, 192 ado t a preliminary resolution on the da of r lutron for the im ' rovment Y P P Y P _ Of Colfax Avenue fr`�m.Rast side of Sttnnyside Avenue to Weat line lf, Manor.Sunnyside under Improvement Resolution No. in the City of South Bend, Indiana, by construction on pavement as shown on the plans, and in accordance with the profiles, detail drawings and specifications on file in the office of the.Department , of Public Works. A,ND WHEREAS, we the undersigned, are the only persons owning pro=--- perty on said` street to be improved, and .that ve alone, are, affwed in ar.y vay by said proposed improvement. That we are the, sole owners • of the .separate .parcels of land bordering upon said street Op _prosed to be improved. . THEREFORE, in consideration that said Board of Public Works proceed to improve said Cnlfs:x Avenue from east line of Sunnyside 'Avenue to west line .� of Sunnyside Manor. sed in said resolution, and for the further purpose of saving time and expense, we the un_ j d6 o hereby waive all objections on and in defense to any defect in said proceedings, and ta'.any violation in procedure far the construction of pavements as fixed by Section 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We t further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing, was -held by. said Board. We also consent that said Board shall proceed to let the contract -- P --for- tlo- ing said work in following manner; nas-•rneyarras-•nosrrp--�yrnarr'resgorratnre--cztmrzrctbW Tff-'ffie""C;rfy -of-mouth Benx MXi "J ,X 4NXWMi�1KTaUVEiNFI m said c9t+fxE4�¢x't�Cx:1xX�aciek',>rxa�xx�adttt�bfrie�?fi£ � _�.�taaxt��K and we waive any objection to the action of said Board in letting- said con- --,"tract in a form and manner other than provided by law, 6 it We further consent that the cost of doing said work shall be assessed a- gamst the different parcels of real estate owend by us as provided by secticns 8710, 871Ga-87114712 8713-8714-8715 8716-8717-8718-8719-8720-8721; and all acts and laws, amendatory thereof or supplemental thereto. We further agree that notice given by mail shall be sufficient notice cif the hearing upon the assessments made for said improvement. Given under. our hands on the day and year first above mentioned. Elmer J . 'fiver i e-PpROtrti n TTe1:tx LiN11ver J NE 611923 Tk, * St. ideeph Lo&n. rl¢'.Trust Cos TruxU oarr2 of Public Works y ®rge nm, ey ea ,, By L. B. a er. Herbert S. Vf6lff, -- President. Resolution ordered. -) 312 The following bonds and contract approved, �Tp i, �� p��4.7Xl!T o �£� ���c� ante:. ea into '�i�1�.s.....:ic iM�gIRF.�i1LY•.+FAi�: s ts .►s .5�!! . q 8 sJ8 13k s $'� g's a s`r a a a g 10a . a .'. and bbetveau Reith Riley �'.onsL xG d_oao., i a f #" Blkhar 1, .}3 l�.�.as.as,t�st�tti«eetti•-tse1d ,8a of:..,.. ...,l.n..d.►ia., er>a+ to Ae the *I Contractors t` a and ,the City of South 19. @> .0� �, amd State of Indiana, �y and thrfl�;gh its Boaa�cl of �ubiie (� tWt@V 14tmed to as the City") ; under and bar' 'virtue of an Act of I *g"Al gt the State o' Indiana., entitled An Act Concern zg �itxr.�:oi �� j4A' } 41pptwod March. 6, 1905 and all amendatoz7 and supp1montal AIlk A0 1 T npsseths that the contractor covenants and agrees to construct Mexican Sheet asphalt on Sorin Street from St. Louis Blvd. to Notre Dame Avenue, in the City of South Bend$ Indiana at and for the following prices: curbing per lin f�.............................50 Cement walk per sq. ft........................ .20 90 lin. ft. of conduit pipe per lin ft........ .85 3 new inlets, each..•....•.••••••••••••.•••••.l2.0O 6 inlets reset, each ....... • „ . • • ............. 3.00 3 manhole covers, reset 3.00 464 cu. yds. of .grading per cu. yd.....•.••....1.0O %Fg lia. ft. of Trinidad sheet asp jalt per -a59 .r sq. yd.......92.95 1593 sq, y►ds. of . Mexican sheet, asphal-t 148 lin. ft. of marginal curb pepepifgfty4 f • • . 2.75 .45 J LO p;�riorni all work in the pr,.;r(_nFtcn o" said improvement under and according to the terms mid 9o1i�+ 1136 March 27,p ditions of TrItscr�proyement rdioa No. __.....,._ .,.__ _ ., adopted by;the March of PuWc Works, and the plans, profile end "specifieaiiWs on file 7-1 the ofhCe of the bepx-tment of Public Works, which mid i �sohttion, plans, profile anti �ectfieatioas.are ina�9e a part hereof as fully and effectually as .if copied abd `yet out: herein at full teng4h. he contractor further expresstr covenants and agrees that in the prosecution of said work all proper skill and care N-,ill be exercised; that he w ll. _o or+lr a p- o`^ct all excavations and dangerous places. and )will use all diie and proper preca+ition i:c prevzot injury t'o.:.r_v person or p-onerty; that in the event Cd any injury or damage resulting from the WD or resulting from a.^.v ?^ ttter or thing connected therewit£r or '". arising therefrom, to any person or proper% , he v-'-ll ray ar i liquidate the same at his own expense, and as- surne the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of s!;.id work or its construction, the said cunt, actor will at his own expense defend the same, and vrill-pay any judgment recovered therein, and will in all respects fully, indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim -or claims, action or actions. And if within ten tiayz after any such aetio;-i is hegun, the city shall notify the contractor of the pendency thereof, #hert au]r judgment rendered against the city sliatl be conclusive against the contractor andagaiastthe surety OnhisUmtructioubond,astoth %r ;,unt, liability ar}d other matters pauini4theretc4- Fa }� •t£'Yd rki. f9t t2 y i�Pi .41w a.l�.'Ca;rr Sc"°I.l ll It Ali l'i1 CY,IaCnt a_.-., ♦-.. c:.G nil: 1� aF`tiui:' �.c. �..r,;s-},. �; }a �� ..•-� Qy�"' tv t�� dery �'is�iattctz> t �ecu.�C+t to i,�tii,t?t' tt 4;f2it! taper : t �~ �h 04- r4 of Pubbtie Works a bond, _ Xh sun elt-m 'ut C14, t�ttm � � �i�1�' � f►�� 4 ft�)so Ar In d0ih such r it �wark -1-be *_N-M* tt,6r Avow the ett� %A 7. #h4jt ##tlit.%to the city and any other persi: fat a.tt�t1�' f Jp 1c � i lJi rider sitid to the same extent as is lined iu tha lai t pr let p WAV4 *WY= 00440 ,l wntt, A14 it 4 further agreed brand between said rarf _s that the aetiepttttttl of the- k. '� do� �r if4 t �ffaf 4 or, fhe pi*ymoat thereof, shall not constitute a waiver tin the putt Of th% El Off B111i R;i i� +�F3#itritet, nor shall it rclea�e said contractor or the sureties ota hlb haiid tot the 111 t}I l tif; it r hli4.l1 the acceptance be prinia facie evidence of tlic pel totmah6o bf mlyofNft�il 81 dill emitfar-tJ oxc ,pl to the oaczit of entitling the contractor to the colifr€itt-pilue thefd8ti . Tho €igt'ci a tc> pay for all labor and materials used at f urtiibl-A taed 6 ti k� #fl tho MAotio of 6h6 iff1prifomtAt wid In the performance of this contract, whether doge of fdi�i�bf ifit at hA g et-`l §U: 00990P Or ti4comraetnr ; and the city $-,ay reserve out of uny all wit e *Ado Up ice: §ts 1 i� in Of 01.0 0-t trattor or t,•a assigns,'or out of the amount dire hftt, at Mg S164106 1! d ��f# t ork, to muck is k), Itcessary to pay all laborers or tnatorlw incift 44dt �� � t LW - WWI MA Or W4ftilpht used or furnished to be used in the getfovvianc,i of two r % did 41 4 WW14 Iffid the tollaty Aw .as.ttrcr, acting as city treasurer, f-.I*y' 204zifd 9�r. ^,�y �b_r� ��� � f �fo�0 µ "A a �� d IMpi-4vemcnt to pay such darts or u,.til the 0 .�t.,^� � .e co -a c� 4A.ees to rerno• -, all ruby" sh. earth.. and unused material in the StMift 4r sides thtt" upon fbe completion of the improvemz nt cir the repairing thereof ` The weans of snaking such shall be completed accor4ing to the term* of thii eontreet CM mil' before the....... ..................o __ day of-----......... ........ .w... .. t ! sinless the time for the completion of the sane shall be extended in write tg by the Boar& of Pubtle Wor6, And it is agreed that any such exten=ion'of time. or ar.y altera'-ion of this contract or of the'rnanner or meth. od of doing such works all in no w?:y affect the duties, obligations or liabilities of the contractor or his Lure -- ties. It is agreed that the contractor shall not assign this (,' j :-ract, or sub -let the work or any part thereof tO be done, hereunder, witbotit the i '.en on °nt of the Board o" r. -)l;c Works. It is further agreed ar.d stipula-.ed tl­trt +fie contractor shall give to residents of said city aid Mullty preference in the einployrn-nt of all labor necessary- in the ncrformance of this contract, and failing to (1Fi §o, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.. And upon the performance of all the ternms and conditions of this, contract, and things to be dwip and pperfi"rmed by said contractor the said city agrees to cause the cost of doing such work to be asses%tA C01f. Iected and paid to said contractor in the manner fixed by the siatute governing the matting of such improvd- �ents. To each of the conditions and stipulations of this contract, ir_clading, all and singular the provisions and terms of the plans, profile, specifllat�:)rs and reSo'u-c-on a.toresaid, the iii�(i@iNiy:%Fs '' #its^. ?lf .P'X 1fr<,tf �rtt the rwj)ective successor or assiP"':4 of C,!rh r ^ t.-C In Testimony Whereof, We, the foregoilg Mamed parties, hereunto sit our hands this 5th. day of June 1923. CITY OF soUTH„BEND, 111DIANA. REITH$riley Construction company BY L. B. BLAIIGHTER BY A. A. REITH Contractor. L. 1fdNMZ ..... Its Boas& ©f* T'ublie' Works. .. CAMSTMCnoN Sam p 04 t'"bya o '^ r..�._ that w�DPI �-i.�i1'2�7 ��s_.L�A1s��_1141_A 4-�iSI ..-.l'A7lfLi!►II �'il%:._ 810g go," State gf Indiana ftdneL A �,�,Sure tV C omps 8t �vilty Palk ----and State of I0*& W 31 w1P% #,fE told #W Armly bound to the City of South Bend* b0aeat In 66 ,.,. ".®`•, ' , _ dyed ghd"bweaty five - - ---_-- s 2 525 Q + r rr'Aia.msq`Iii4 . y .. ... - KiA ?ted truly to be made, we mod! e WIF M ilnA aAMI lfirmly 4 these presenta, Rai®rs. isle Xtc#;tha>€ if-ttWalsoM ROOM Ralth-Riley Construction COffi�gy faith€ally comply with the foregoing contract, made and entered into the • dap of__ with the City of South Ber_d. 'lndiana ai3F all fulfill alY the conditions and stipulations therein contained, according tothe true intent and meal.ing thereof, in all -respects, then this obligation to be void, otherwise to be and remain in fttH force and virtue in law. In the 'eve::: the said City shall extend the time for the completion of said wore:, such extension shall not in any release the sureties on, this bond.. This shall be * construction bond, and the sureties on the same sikall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set out in the contract iintess out- bands al& 8elas this 5th. day of June 1923._ • BY A. At REITH ne tits------ -- --- 6th.-•.-'.-- �y� of June 1923- ., ------- ------ L,---.B__...SLATT_G�' L. P. HARDY S 314 t - MM.M. raw 10 made anct entered into `A # ,i,*r,t tirf ��••..,.••� byand between Reith-Ri ay constructit co.' - It I . 0 +4 o , roferred to as tides Contractor" And the vt fr of f0ti Ile %o , ' , Done and State of lMdiansi ti W 10944 . . der referred to as the .City' � � s � 1� virsw of as of the State of I n di , eatit : f "An Ut 60M - UOU6 uc ach. Ss 19i fly, and. all. � oW 1 wo'il ''E Witn:ss:t k that, the contractor covenants and agrees to con- st,ruct, eoneret►e pavement. on Wayne Street from $t,. Louis Blvd, to Eddy St;r6 in the Ct t`, af' Soutk' Behd, Indiana at and for thefollow ag priees:- eu"rbing'per lid for.. ....... ..................50 cement, walk per sq. .20, 120 lin.. ftr of edxdult, pipe per lip ft..... ... .r35 4 new inlets esch� ....`... ....................12.00 10`inlets each...resli........................... 3.00 2 lankeles covers reset, 3.00 - 185 lin. ft of marginal curb per lin ftr.#...... .45 ' 1874 cu. yda, of grading per cu. -yd. • • • . • • . • . • • 1100 8300 - sq, yda. of, concrete pavement per sq• yd. , e 2, 40 ,,fl. to .pe,rform ail work in the 0oseccition of said improvement under and according to fhe terms Macs con, talons Im' rpvemerit kesntrttion Ntr .._ ado ,-ed by the $oar$ of Publit'Jor xYAd the'plsns profane p.nd sp6dification$ on €SIe sn the ofAce of the bepa-tment of Public Works, vvl►tch sa, Y s t uiori, plarCs; profle grid spec;&atlons are made a- part hereof- as fully and effectually as if coded and- :;et out herein at full len,�th. he contractor further expressly covenants.ana agrees ffaat ins prosecution of said work ail proper skill a.''tA care riff be -exercise3 . that he --- 11 F"opo t_. �^ ^ -d 1- o`: ct all excavations and -dangerous places,' and ;9t1 use all dtae and proper preca;ition to prevent injury to aev person -or p-onarty;-fhat in the, event ,�J a; y injury car damage resulting from -the wor'.: or res�iltir.•g #rorn a.*ly r stter or thin-g-connected thecewiffx or arising therefrom, to any pefcn tSi property, he v ;11 pav and liquidate the same at his own expense, and as- sume the Viability therefor; and in the event of any claim or claims being made or any action or actions being bro=sght aga;nst the city by reason or on account of or growing out of s id work or its construction, the .said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or revresentatives from all cost,- expense, payment or judgment recovered, in connection with such claim or Aims', action or actions. And 1- within tern days after any suchaction is begun. the city shall notify the cenuaetor of the pendencv theref-A,." tb,�n any judgment rendered agairist the city shall be conclusive against the contractor and againit the surety on his construction bond„ as to tlae a iouat, fiabirdy and other matters pertaining thereto. - �t`,�� #��� l�► $� ,�k�T ae � the cna�a�`*�;' ��fit�,, aria to s .._= e ? ile � . � nf:-na.ice a�-d repair- t.i 1i to With Ow Reard of Public Worlds a bond,1:th surhelmt tv c fl"wTa r ?,Y,, ir. Wn a i�tlni s fixed by ';;; it i ti< la, And an doing such repair work the con#3ar-tar eta$ to t 4til f tii + = i � Anlr� •@ 4 §4a2� t� suh)ect to "fn@ liabi]itY to the city and any other person fdt �trq iwtlty or dw ; "llla,4 P��F .,n Qr. p .aA. fly In th@ aam@ Banner anal to the same extent as is fixed in the lest Metding►f f ���b�fll� �'�� �a�= Afiffltion Work, And it 1@ further agreed by and between said part' --es that the amptanet ak the wofh pMVJd0d fol it # ;?i @Mtn#'@t., or the payment thereof, shaei not constitute a waiver on the patt of the eity o h.11y Of tiiq � t l 10119 of this contract, nor shall it release said contractor or the sureties an his hand for the hilthflit jlgf al=rity filw@ Chef@of; nor shall Ikte acceptance be prima facie evidence of the perflorti1€1t_e@ Of sly pf®figidh (At lhlA Wfitfact' @1€e@pt to the extent of entitling the contractor to the contract rie@ thr refof, Tl1@ contractor a roes to pay for all labor and materials used or furnished to he Mod III IN fil4kififf tilt .811A lh PfMfli@ltt att'l its the performance of this contract, whether done or furWAhad to# hi% Of 114 11@@1gh0@; Mcoeor or subcontractor; and the city, may reserve out of any.idlowgim fog& OH any g Vista 11s AV@f of the Contractor or h;,' assigns, or out of the amount due him or his a@Agoo vpofi tad 1PIA4 -h Of the ofh, 80 platen as may ,cessary to pay all laborers nor materia spelt 44 s llllf$ f 0 fti � + A Mtorkh used or �iarnished to be used in the performaitte of this eft€aef 64 Mid i' y and the furl treasurer; acting as cit7 treasurer, ma ietain 3 ono,i +l�i��f .�f MAM U90-fled to said arovement to pay such debts or tu�tit eontraetor sf 0 A" tw us e �fd � aatiah� ru :._ il. earth. and unused material in the struts or sides thsewt ul,on 1i�e eomi5=e �.1 c` the irnprorem-�.rt or the repairing thereof. The woriz-of malting such improvement shall be completed according to the terms of this contract on of beforethe------------------------------------------- of--------------; ----------------- lg .........., unless the time for the completion of the sar-P shalt be extended in.wr;ting by the Board of Public Vlorks, And it is•"agreed that any such ettencion of time, or any alter<_`ion of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this (-), tract, or sub -let the work or any part thereof 'to. be done hereunder, withot,t the writ`en consent of the Board of Public Works. It is further agreed and stipula*.ed that the contractor shall giv# to residents of said city and county preference in the employment of all labor necessary iii the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. done And upon the performance of alt-the terms and, conditions of this contract, and things to be e assessed, sled, Cold performed by,,said contractor the said city agrees to cause the cost of doing such -work to bcol- lected a,nfl paid to said contractor in the manner fixed by the statute governing the snaking of such improver ,hearts.. To each of the Conditions and stipulations of this contract, including all and singular the provisions and 'teraas of the plans, profile, specifications and resolution aforesaid, the-undcr$igaed binds himself or itself, and the rsgpective successor or assign s of such -parties. Wednes 6th. , 1923. Cout In Testimony Whereof, We, the foregoing named 'parties, hereunto set our hands this 5th..drty of June 1923 #` REITH RILEY'CONSTRUCTION CO. CITY OF SOUTH BEND, INDIANA. By A. A. R*ith, Contractor BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Bard of . Public Works 6 CONSTRUCTION BOND lCmiv. all m-en by these presents. That we ........ ..........Bn the County of:_.,._ :Elkhart _ Smote of r Ind ..,,.,:,,,..,,; ,,,, ns prind- . .`�'�'- of .the County of-- ---------- TALK_ State 'of......._._ Iowa as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of.: ild .-htL>dRlkJor---- - _ _ dollars (s 10, 640. Cp for th lent of which, wed -and truly to 'be made. we }oinflyland severally bind ourseiYes, our heirs, executors, adminstratars and.assis, firmly by these presents. Tier vond'itions of #ate �katton site such tliat if that. above name8 ............:....._...... ..._......._.........»... Cojmt„ruc.1,,un __C*4al1 faithfully comply with the foregoing contract, made and entered into the --: Indiana and shall fulfill a1P the conditions Ma d��i ulation• �� with the City of S Bend, Ind"_.__ s therein contained, according to the true intent ap_d Tnea�� ng th-roof, in all respects, thin this obligation to be void. Otherwise to be and remain in fall force and virtu in law. In the eve._ - the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait'-ful compliance with all other conditions, stipulations and reduiremente covered by or set out in the I contract. b WITNESS our hands and seals this...............SL. ......... day of,,,:.,....,,.........,4M,,.1=.*...... at". (SEAL) »,..,Rsitk Ril*,y., Const. g�(SEALI •--#�►e•r�r--Fr>�e�...���a�,..�., By A A. Rei�' .....................(SEAL) ..... ........... ................,.. (SP.t4L) Atty is ract,..,.� The above bond approved this.... ---&y o£........ R .-SLA6UQUER. L P. HARDY ALBERT F. HONER Bound of Pubra V+O" public Improvement Cmt 1111�TH. THIS AGREFMI'r4T, Made alid entered into 'hyi� s.....,,Q.s.rx.• d=n:a ........... , 19...., by and between u Reith-Riley Construction Zip►. of the Vn„:iq;r--.'.`,31khar 6 e • e • • • .....and State of•.....'.-.'.'."."a-r�i i(herei� ,'ter; " 1"nferrea, to a's the ` 6 Contractor9 3) , and the Cityroil South Bonds in a o l p11.-ftty ail St. Jc.;;.: t �, , and State of Indiana, by and through- it» Board. of 'Public works (horca.naft,er re u:c l =:c' to as the ` 6 City' ,under and by virtue of an Ao h of General AssOzrl}i_ty o ' the State of Traliana, entitled. An Act -Cox Act-o ra Corporations,." approved March 6y 1905, and all amendatory and, supplemental -I cote ereto%,- Witraessetk, that the contractor covenants and agrees to construct Mexican Sheet asphalt pavement of Ohio Street from Carroll Street to High Street in the City of South Bend, Indiana at and for the following prices - curbing per lin ft...............................$.50 cement walk per sq. ft........................... .20 404 lin. -feet of _conduit, pipe per lin ft.......... .85 13 inlets (new) each............................12.00 21 inlets reset 3.00 2 manholes covers (new) each........•••••-•••••0.22 .00 6 manhole curbs and covers, 3•D0 23.5 lin. feet of manholes per lin ft.....00040.0408.00 1651 cu. yds, of grading per cu.,yd........... ...1.00 Meerginal curb (250 lin ft.) per lin fte.......... 945 5074 sq, yds• of Mexican Sheet asphalt per sq. yd. 2.75 cxld to perforaYi all Lvork isa €#le orose",tion- *d said i rovemeft vindw and ae hpg ft fum cart-. ditions of Improvement Vi 01i 1137 the 'ltaarclof hahli+c.Io t< Mar 27,1923;. aGd the plans; profile grad spa a .*"s on le, it ii e t'ite apartment Bf ui�l% '� r3 s. w% rb lxai '. resolution, Mans, taro 3e siicf-speei'li iorls lre tna4e A ,aeil ereat es fuller and t0ectuatlr as it copied and set out Iaerein at full lengtk, 4 The contractor ft-thef fxpr sty covenants and agrees that %, a prosecution €t said work all proper skull and care �= itl be exPrei:Qe3 .i he :•t p oraPr ry, : ^.,-a p 6"4tt all excavations anh dangerous places and + itl use -all due ar rrner recaKztiaz t tar�u * in -jury Po iry person car r rt .bv, p - p F c^ y, that i:� event of xily injury or damage tzar,:cis rcm t'hn �_° or re, .l+irof frc3rn a�.v :matter or thin. c d + ,. $`b �, thin-ctPd tfu rewi ; or aWising Therefrom, tt% any $ F^ Qi ls'i oPp , ►m k r:ll rav ark ?i ;t:iefate the same at Psis oot�, n expense, art �s sine the lfdbility.ttierefiDr i aiid #x th6l event of any clali i or claims being made or any action cr actions ! - -, troir,At again t..tlie dt-* by reason of on account of or ggo-viring out of s=id gr its cot,�trvction., s..` a coriMactor v4. at,his oirn expose defend the sal" e, and v i]1-pay any judgment t-ecover: nccrcin and i 11 respects -hdl t �uernnif and save ba�rtnless.said city,�its ofi'icer.% agents or representatives frprn a'i r ,fi. , Ixerise; p ent or Pdgsmeat recovered in f.onnectioa with such claim or zlairna, action or actions. A tf 'fens after snlr sudtac#ion'fss be;ssitxt#he +ct shall notify The cantrac*or of tr_, pert':.' ev tl rttiany #udgnzett� set4ders sf itsrtst $e CAW Ilii be conch±slue 1Rg8t t3�e Ceatraer©F hnd agaanSt the t, i r14 on VIS Construction bafttt', tit'Wob`< amount. Sibility an4 other matters jpcttalnir4 thereto: And the contractor agrees to maintain #id improvement and make such repairs as rany ba necessary the period and in the manner as fixed by the s afications,'and to secure the maiutenauce and re t4re-4 to"file with the Board of Public Wnrks a bond with sufficient surely thereon and in an amount an fixed by the specifications. And in doing such repair work the -contractor -and the surety on -his guarantee bond shall � subject to the same liability to the city and any other person for any injury or damage to any parse t be prop. arructionwork. ty in the same manxxer and to the same extent as is fixed in the last prece'digg para st'graph covering the : And it is further agreed by and between said Nrf-ss that the acceptance of the work provided for in that contract, or the payment thereof, shall not c6 stitute a waiver on the part of the city of any of the pr®vas= ions of this contract, nor shall it release said Contractor or the sureties on his bond 'for the f fthful-perforrn= lance thereof.; nor shall :the acceptance lie pFina - fa ie evidence of the performance of any provision of thls Contract, except to the extent of entitling the contractor to the eontract.price therefor. The contractor agrees to pair for all labor and materials used or furnished to be used In the making of such improvement and in the performance of this contract, whether done or furnished for him. or Ids V@440$t� in successor Or subcontractor; and the city tray reserve out of any allowance made .on say a ss in favor of the contractor or`44 assigns, or out. of the amount clue hint or his assigns upon tC pIg of the work, to much as rant-.cessa to � in , ry pay all laborers or materia>E men far wol'k done or materials used or iurnished to he used is the performanceof said work, and size coon treasurer, actii as. cis { tY y reawe4 � "In sate eftlut- owners assessed for said ist ovemient o pay such debts +fir m. t >T a � *4 aw paid gr satisfied c cc,.-. to rem ' �T� " avid t:_- ''d� t �t �a v .: {►li rt..3 s,�. eat. ,,.`?�� �?.g�c; 3 e tpbrr the eornplet 6tii of e MWO11- errt or fhe rer.; ' th` i' W&-k of mmm:king such ititprovtwea shall be nl ll )�'�-� •� :.�A.-e. F..�,:,� dy �� e`ed tt�az�l a�� t��? Ali � $`• . �k s s# l= ter __ ---- �- _i _ c ;pie.i�^ri of the sar-e sh ten - - be ex dcc3,in ���;t1' g h% flt� �alli�ij. fid it $9 agrtWd iat'9xt}p such ---ctension of time, orwry al!'er"t-4e�zi�t �r �� fba ili��1�� � e tit s sccla work shall in no wth- ay aff. ect the duties, obligstionts or- 0011111" of the %Ali6 gFh b, fl e�ia It b agreed that the contractor shall not assign this rna ±ra -t e , ®r situ the Work ep all�a lhEla® hd +i0�e lteretts}der, without the written consent of the Board of l�t.blic 11V`oelt®, y ICU further agreed and stipulated that the contractor shall give to residents of llsld all lll�� lit pl'sfel`enem is the employment of all labor necessary in the performance of this o@ntlsot, sfid jlfig t �f llhltll l d"It to the city the sum of ten dollars for each failure to observe this atlpulet lam, And upon the performance of all the terms and conditions of this contract, and things to bet dako lay#el=sd by said contractor the said titwagrees io cause the cast of doing sub! w to 1tE as9sc rtete� and d to acid contractor it, tb�e m�nnPr fixr4by the statute govemns ttl1 of g M, ei►�1 of 1It0 �tdi$gaa sad of tins ccosttrtct, � sr1! s� sgfi tltP Fps. Fes. speresolutioa �#uresatd, tiro mot In Tesi,izony Whereof, We, the foregoing caned parties, here- unto set, our hands this 5th. day of .Tune 1923. REITH-Riley Constr. Co. CITY OF SOUTH- BEND, INDIANA. _ By- A.. A. Reith BY L. B. SLAUGHTER Contractor L.P. HARDY ; A BERT F. HONER Its Board of Public Works OnM. UCTION -$OND Knowens by *easy eta. `sat-um:__..�..,... Reich —Riley ConstructionC®stpaAy o! lie ElkUr' t _ e - Jxd iitaa i Southern . P .Palk _ •. - - - oi` 'the Cougty. ai- . State• .,..f ,-, ai sureties, are' held.8nd•firz0y&,0at tzd. to she Cityof B-,at-h Bend: Indiana, in the =tint of ----------- _,_..._, llsrs��2 5.00 for: the p est,C ot.sWhich, Vreff andlrnly- to fry-znadef we jointly and seven4 �Aod oxreslttsl, 6t:r liar:,. executors, admixstzatars and as firrWy br ,thes,e 4wesenm "[be eondiii4. �tf. ti►e •aWigaar4 , thanth*about atom- ----- - u��. $i... � •(fir �i tKt�l.i aAs"it faithfutly CM* with tho fore t "Ift,14 :bade and antered with the fcil$11 air the eonditlona and -Ittpuhtiong 1hsrdr, "fitaiR4 according to the true -intent. and rnea��ing thereof' in all re-spects, their this abligsti®n to h9 tioldx aihofl>flt$ to be ail ieii Aiii in full force and virtue in law. In the ewe.:: the said, City shall et€tshd the hissfor the completion of $aicl work, such extension shall not in any way release the sureties cm this bond, This shall be a construction bond, and -the sureties otl the saute shall not be hold rssponAk for tha mainietzance and repair of the improvement after it i .as been accepted by the Jecand party, but suA.sur fag shall be hehd fesponsxble for the faithful compliance with all other conditions, lst4pnlatilons and t`Eaffifsf"sttto cavesed ** ut in ties Contras E 317 Ar rS� Wednesday june 6th. p 1923;!� A, `Ouc_hands and mals this' ......... OuL) t)�* ra Si�t y C omps X. By'y bb ;�;_(SPAL) The above bond approyed this .... .O..f . L* P. HARDY ----- - AMERT F. HUNM Rmr4 of nam;e worim A. A* - -------------- . .............. Public Improvement Contract.. THIS AGREEMENT, Made and entered into this. kid, d o June e 1923,....... by and 'between Reith—RilOY Construction Co. *#* .... 41kbart ass 6f the Coi-raty #40 0 0 S...* ... - and State. Ind l04FO4.7 lhereinafteT- referred to as the ' `Contractor'') v and the Oity of South Bend, I.IX the Gounty of St. Joseph,, and State of Indiana, by and through, its Board of Public Works (hereinafter referred to as the " City' 1), under and -by virtue of an Act of the General Assembly of the State of Indiana, entitled,' `An Act Concerning Munici.. Pal Corporations.;approved -March 6, 19 05 , and all amendatory and supplemental acts thereto:' witzessetkqtbat the contractor covenants and.agrees to rosurfae* and pave Notre Dame Avenue from Jeffers® Blvd. to the south line of Sarin Street and Soria Street from the west line of Notre Dame Avenue south of Soria Street to the east line of Notre Dame Avenue north of Sarin Street; and Notre Dame Avenue from Soria Street to the north City Limitso in the City of South Bend, Indiana at and for the following prices:- 310 lie. feet of curbing per tin • 1125 sq. ft. o sidewalk per sq, 152 lin; feet of conduit pipe per lib ft,#, *85; • 4 now inlets inlets, reset got 3.00 Manholes covers reset . 0.000*000000099., 3.00 810 sq. yds. of brick in street car tracks per sq. yd.. 2.10 449eu. yds. of grading per-cu! yd.... 1*00 Marginal curb per lin .45 1521 Mexican asphalt concrete pavement complete 000@2*50 per sq. 24,387 sq. yds. of Mexican Asphaltic concrete Resurfacing per sq,, yd..0004000000*000001,60 mid to p erform all -work i!kPe rx)seeufiOn4O1f&ftJm",oV-- Unft and ace Vft to as t"M March 28th.1923. iftiom-.-oftmprovewentRftloi�h.mw. 1139 1 by the 116ard of PO vy and the plons and eftmally as N the oflift of the profile and specifitations, on fle I" fUDVVqUent C `PuhtiS es' as plans, - file and specifications are slide part 'hereof as holy and and resolution,_plzn pro set out herein at full length. The contractor furthirexpressly covenants and agrees, that in the prosec�Aon-tf #am wook at P.Mir skill and care 'fill he exercited; that he iiill r-ro_per!Y 6"ct all extavations and dangerous area and will use all due and proper precasition-to *�veat 1n)uTy t,3 iny.person or pronerty4 that In the event a my injury or damage resulting from the w,3r! * , ' or Testiltirg from "y muter or tilingi6ntieetfd -therewitti or *nsing therefrom, to any person or property, e W-M ID2V and liq"tt the same at his own expense. and p- Iii- orclai�n action or actions bein suite the liatility therefor; and in the event, of a-uY c Un . . being made or any, brought against the city by reason or on account of or growing out of isid wdi4c or io construction. the sail contractor wffi at }pis own expense defend the same, and Will pay any J%ulgment recovered therein, and will in. all respects fully indemnify-" acre barifless said CXV, its MM96 aXenu or reptesentativA from all cm ludgma* reseed in connecdw wift such darm ar claims action or Acd=% And 1 Zy such action is bogw% &a chy A&I soMy the contract;� 40. the #etAem Owp-ot an mast- -ky- -sba be 4=dairm agilva the contractor and igninn ft ourety AkNeft the e as to tb-amoutd. UbMty =14 other MUM snlug therew. 318 M Wednesday June 6th., 1923. Coxt M�*hq: of M141441" sowi"r-fs tmed by the s+w_cifications, and to sec -Are thti waliftnanct , #A-, t%ftit an d 'A* foT ;1th tim Bcsid a hblic Worki t tmn4 with sufficient surety there 'an in an amttnt�*% td h *ih% #PippMeAtiong, .And in Adas"Such jr"Ir wot4k the contrictor and the sure ty on Etta guamutet bind *ki I be 40jo-1, M th9.4we fiability10 the eftyand ati), other person, for any"hijury or datnagi to. hrty ptratwor proo�. jarty in ;the giants amotior 04to the *i4ne eittnt asis.fixed in the last preceding paragraph to"ift ths twft-- strim-Holt work., And It 10 further ltgrced'b� and between said parti es that the acceptance of t*he work rmAded t(* Ift th trwitro.pt, br the pay pent -thareof, shall not constitute a waiver on the part of the city aft of he pravl§�; 10,11§ of thip o6tlftat; 'Oor -Astilt ;eleaae said ccn-tractor or the sureties an hie bond for the f3thtli pettatmi '1111vp thrToof " nor A411 th ptance be prima facie evidence of the performance of any pruvisit in at thii 100M fwtor,#Opt tp t�16 extean7taftf -entitling the contractor to the contract price therefor. ho MIArketar it . ice* >� pay for all labor and materials used or furnished to be used Ift the of mv. ih Irapf-OVOMPAt klin the performance of this contract, whether done or furnished fir him, prithitAkIll"Nfleflij Iwgn"4 womior igr aubc6ntractor,; and the city may reserve out of Any illawance snide on any ealfflote cavor vit chi tvatractor or, 1,Je uMg&% or out of the amount duetim or his migns upon *a 66"latift Ork I.uQh u rw �cessary to pa -rs or matariat "an fai amounts 4fle them Al MIZAA Uride MV6 4t iural%W t6, be in the perfortranee of At# contract. y all labore used stud the vwk-4 -4114- %he W4 %nk4um. acdW as city !reasurer, maj, iewinvionty g0k -ted floo fmpefy 03 mott ta %M fttn to pay such dchts or wag t1w contractor Oiow# d'w dwy MV# be-00 A W 4M �= I M, V "kio3 to remo, all-ru earth. and unused material in the streets or aides 1her" capon the -c6nlefi6n of tlM iinprovemnit or the repairing fhereof. The work of making 'such improvement shall be completed accorZin bCfr.-,--C the-- ------ I ------- - of --------- - --- 9 to the terrns of this contract on or 19 ......... oi-dt&s the tune for the completion of the sar-e shall be extended ----------------------- - ---- - ---- - ----- - ---------- - - rd in Writing by the Board of Public Works. And it is agreed that anv such extension of time. or any alteration of this ccntract or of the manner or meth- od of doing such work ;hall in no way affect the duties, ol tics. pligations or liabilities of the contractor or his sure- Jt is agreed that the contractor shall not assign this cor tract, or suhAet the work or any part thereof to be d ' one heietu&der, with tit the written con,;,?nt of the Board of'Rublic Works. It is further agreed�o "'d stipulated that flke contractor shall give to residents of said city and county Preference in e employment of all labor accessary in the Performance of this contract, and failing to do so, shall f the city the sum. of ten dollars for each failure to observe this stipulation, Al '11he performance of all the terms and conditions of this contract, and things to be done and perforniedby said contractor the said city agrees to cause the cost of doing such work to be assessed col- lected and paid to said contractor in the, manner fixed by the statu rents. te governing the making of such improve- To each of the conditions and stipulations of this contract, including all And singular the provisions and tersas of the plans, profile, specifications avid resolution aforesaid, the underoigned binds himselt or itself, and the respective successor or T as, s, zns Of sunna rtil er.. In Teelaway witerwo We, the foregolag name parties, .hero- URt0 810t OUX kaAds this 5t h. day of June 1923- CITY, QF- S-OVM BEND;. I)JDIANA.. REITH RILEY CONSTRUCTION, BY. L,, - B,,,- SLAMMNEW . CO. A. A. Rei F.: '.1MDY * tk Contractor, ALRM-Po''HONER' ....... It is* B"11* bf' filb I lb * Wbjrkb* CMIMTRUC TION 80ND .4 17 0— tents. Ital,— ReithRil—o Y..Qq rMy ............ of *a County of Mate as priuci- PAU;and, ROU4 learn- sya—petr the -count -Y pf­ jt � state ot— TORL 41 sureties; are held kfid firuili h6und t6 the City of F%Quth NerA, Indiana, fm -*a lilt --- -------- hoiisa four: kuALft#d--"w wt 1 0 —VAtro ($229421.018 for A jp'aym- ut bf Wi* '*a and tr* tp I* -zmde.. Wt Wmfly iWd severak Und ourselvess ou lic', 0 Kecutbik a d1ninst . rawm and -Assigi4. firmly b I the&om". -v -OAC, W M ------------------------_--shall faithfully Comply with tJie foregoin cantracI4 sna4e and enter�d into the--- — -------- da June .192�2 Kith the City South . B - - ---- Tshall fulfill al W., end. n5M an the conditions and stipulations therein contained, according tg the true intent And rnea.i�ng thereof, in all respects, then this obligation to be Vold. Otherwise to be and remain in full force and virtue in law. In the eve,.-.,,- the said City shall -extend the time ja the o,a Ompletiof said work.- such -extension shall not in any way release- the sureties on 'ft bond, This � shall be , a construction . bond, and the sureties on the same shall not be, held responsible br to maintenance and repair of the improvement after it has been accepted by the second party, but such sureties UM shall I responsible far compliance with all other conAfflons, 4tipulatim and requ1r@mti44 WVer a a out in the faltihvul complian' �O by- e contract. - ----------- JINJ'-:�'l ouni hal W,1923,, REI TH BW RILEY- CONRZa.-- (S v ,J G1�bot A. A. tY vac, R*tiA" TLC jva&4-. . M50­q­* B. SIAU GRTER L. P. HARDY inued,. " - public improvement Contra. '` r;.',,'j'g Wa and entered into thig..r.:...:�. . Jens 1923,,,; „ a . r ... s., 19.... , by and betwesn Re ith Ril*y" Constretion C ompa ny Ind ia na A Al t�,r•.s.gt•+moo •..,,,,a.nd State of... •.s,•.ir+,sr,�rrt,e s�" rot' to VVII # Contractor'') , and the MY Of land of Piffirne lag - at • Joseph, and State theCta' beer' 'A���`t�orroc to ) : e � � Assembly of the State of Indi nab 6At].'f+�.�d f 't Cmdenta�is i� approved Larch S, 1905, and all tit' > rees to witnesseth, that the contractor coanants an viag®x Street totruct Ford Mexican Sheet. aspbat pavoment OR Pulaski Street from Di • Street, in the City of South Bend, Indiana at anal, for tke following prices:- curbing per lin ft.................................3050' Cement walk per sq. ft .............................. .20 Conduit pipe per lin ft........................t..... .85 emu, Now inlets tack........................y...........12.0.0 14 inlets reset, each....., ..... ........:........... 3.00 3 mLAkOles per lin ft..........................:..... 3.00 1043 cu. .yds. of grad ng Per cu. yd................. 1.00 156- lin, ft. of marginal curb per lin ft...... • • • • • • • .45 4092 sq. yds. of trinidad skeet aspalt per sq. yd....2,98 4092 sq. yds.. of Mexican skeet asphalt per sq. yd....2.75 arni to perform all work in the prosecution of said improvernentAmder and according to the terms and cou:- ditions of Improvement -Resolution No. ------ ..11_ adopted'bv the Board of Public Works_—M&=k 2,1923 • and the plans, profile and specifications on file in -the office of the Department: of Public Works. which said #resolution, plans, profile a" "a specifications are made a part hereof as fully and effectually as if copied and set out herein at -full lens -- - `Me contractor further expres.4 covenants and agrees that in. the prosecution of said work all vroper A<ill at-d care ---:N be exercised that he w:11 proaPrly _ a"d p ot^ct all excavations and daligerous Olaces, anel­il�use-ail due and prone,, precaution to prevent injury to r.ry person or property; thati`t the. event of any injury or damage resulting from the wor': or resulting from a iv matter or thing connected therewith or arising therefrom, to any pers�u or property, he vrll pay arci.liquidate the same at Kis ewn e4ense, and as- surne the liability therefor ; and in. the event of any claim or claims being made or any action or actions being bro-nght against -the city by. -reason or on account of or growing out of s,.id work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save.harmless said city,, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action, or actions. And 'f Withlin ten days after any such action is;begun, the city shall notify_ the contractor of the pendencyxher of, th;:n any judgment rendered against the city shall be conclusive against the contractor and against the suretN on his eor_structioii bond., as to.th- amount, liability and other matters pertaining thereto. f �}ho ipr=,r r c op p wo 41n paLmc f tc t � - U 3 �, anw +� � _� It,! 1 a.gt eai�i] �c At 3 t�iJai,t f, 1 1�Pa€ a� Ife igrks a }icrad �s.;#h Silthcient Swrety !bertha wid i;t au aluv,11nt *'s h b "r: e0h OR4. d M 4p poAr work the ccntra'ctor and the surety oc! his &�tarattt�a �t� �l��ll be F %ilk � 1?lp i l�lfl #p •. ty and auy other person for any injury ordazn*,Vt to �my pt'r-t"a or -Otop- r 11j (: ill l#}el• #3 #fie ��►rrte "tent as is fixed in the Iasi preceding Par raph yeti th,6 o*, = 'Orgl 1R1i,�VV81: 1(� 1f 4 fpifbp_f Aq1'§ftd1.by afld iww,ceu said partiks that the acceptance of the work provided for In thf� f f?1}i 4 MF -Pi} rpgfi1 �i�0@pf, §h@ll - not constitute a waiver on the part of the city o my of the provla= 181 A PAY Elllfr-Apt R §h-ail fl` r�l�ea�s said contractor or the sureties on his bond for the fatfUl perfrarapi upp tb € }. I § it fh@ ac�cep_ lanee lac prima facie evidence of the performance of any provlalo of this WIT h Fw-Opt f8 fbp @ktaflf of entitlin t e contractor to the contract price therefor, �p- Eplifl'WO §,y or all Tabor and materials used or furnished to be used In thav 6fo of Wil lil?PfAI pill ffi4l jfl flle porf©rmAnee Gf this contract, whether done or furnished for hifnp or hip 4ga t, 0—M, iE ; 11 M99l llf. §1940flt40400 and -the city may reserve out of any allowance M*da oil toy # j to I = P thf; feRtramr- of Ili; a§ ae, or out of the amount due him "his assigns upontho-"pMt t @f�i; %;.Rweh @.§ M@,J ?'c��§� ► to pay all laborers or material = tt Joi einotuiitj 4bg Jhd W RIM, ff IFIAWl a )A44 � €u�allhid to be used in the performance of this contract lied thi d Of Ohl W%-*J m44 A4 �Qgnly 4t4wftr, nti as city treasurer, =ay retain money tblk;ted irm 0110perfy %X �% Fmk-3st.�$ 3 � t t� ley such debts or uutli the contractor abowo *40 ffgejr , 'he" k�' Vcs It% I-f ':.?.z , - ,l - • u ;tia iai apun the co:r�J:- ,,,, "c'the im}:o --tu It or'''?_ r a t,p,a friar (�f The work of mRR�Cing such improvement shall be onlu)leted acoor ll ng to h., te. i_;s of 6N contract Olt ear before the.... .............. -------- ---- --- ---dati of unless the time for the completion of the same shall b;, e- ..�?ed In A - by the B-aid of Public `'G'ori..s, And it is agreed that »ny.such e; ten -ion of ti-me. or ary alterr_`ion of this contract or of the wanner or meth- od of doing such work .shall in no way affect the duties, obligations or liabilities of the cottractor orhis sure- ' lies It is agreei that the contractor shall not assign this �•„ ract. or sub -let the work or any part thereof try be clone hereunder, withot,t the writ -en cars -nt of the Board r Pi:blic Works. Tt is fut•ther agreed a d stiptila+ed.that tt,e contractor shall ail>e to residents of said city and coui,Iy preference in the employrn -nt of ^'a lager Necessary in the performance of this contract, and failing to do So, shall forfeit to; the city the sun oT •ten do lats for each failure to observe this -stipulation. And upon the performance of all the terr_Is and conditions of this contract, and "things to be done at,.d performcd by said contractor the said city agrees to cause the cost of doing such work to be assessed, C01-- l r..tcd and paid to said contractor in the manner fixed by the statute governing the snaking of such irnprcvc- To each of the conditions and stipulations of this contract, inchading all a_,d girg,21Ar the provisions rnd terms of the plans, profile, specifiYations and resolation aforesaid, tht. u Y � ;: <' �. 41 Or ,T�:.;£, And the ro.,pective sucecssor or assi ns of IN TESTIMONY WHEREOP, We, the foregoing itamed pq,rt,ies, kereunl,®. set, our kands this 5the day of June 193 CITY OF SOUTH BEND; iNDIANA. REITHSRiley Con6t,ruetiion Co, BY. L, . B.. SLAUGHTER. ,.,.. . ...>.,. '! • L,.P,. HARDY. ALBERT.i..HO .ER. .. . ...... b .. r - . . . • . i i R 4 > Ita. Board, of Public. Worlco.... . CONSTRUCTION PIOND k 4: "A 14 mza Gy fuese prezmts. That we_Re1Ak-Ri1e3r CAn81 t,isn C®111a8XV of the %suety of Elkkart _... State of India — ee p>1= PAI, acid SouI-It"U R11.Pq Cat—...�. of the County of.--,------P-n1k-- ----- _ _ and State of ;0 !Uratl@,, are held and firmly bound to the City of South Bend, Indiana, is the sum Ri i.Lnt� s�ret gu,gkb---_--------------------- 1lars 6,20e.�q© to the. payment of which, well and truly to be made, we jointly and severally bind owselvija tl0i� ,t exeoutors. adminstrators and assigns, firmly by these presents. The eanditions of the obligation are such that if fbo above name_.....,.,,,,, Reif.&—Bi1oCeastrueLis» Chall faithfully comply with the foregoing eontrart, made and entered into the_... _• . �r j--r--_-•-- day of - .Tisno 1 q 3�----► hak.._... with the City of South 13er_d, Indiana and shall fulfill aI the conditions and stipulations therein contained, according to the true intent and mewling thereof, in all respects, then this obligation to be void, otherwise t6 be and remain in full force and virtue in law. In the eve:__ the said Citv shall extend the time JW the completion of said work, such extension shall not in any way release the sureties on this bond. This shall he. a construction bond, and the sureties on the same shall not be held responsible for the maintenance and.'repair of the improvement after it has been accepted by the second party, but such sureties Oha;ll[ be held',' esponsible far the fait-{uzI compliance with all other conditions, stipulations and requirements covered by or set out in the coatra;.t. ;.. ....... 5Lk. 'By Wxt. J. Gibbena — BY A. A. REITH .. A�t,arX*y---ix_..raab (::1. k I .......�._..._.._��_� : - Jule ALAF.RT F HONER WiOdnesdary June 6th., 1923. Continued. Pt&lk Improvement " ; qA Wo stud entered into U3s.. Ste` • vF�k ;F JtXe by and betrleou �, - Rei�-re�o>oshrueLoh Co. .d State of.RffRfff.�$�I 400"d to as take " Contractor'' j , a> the t 1A%A4 d. Mate of Indiana, by and ft J! �A Cite s zr%l f anas entitl. "- AA 6 5, and all- , " Witnesssth, brat' the ce tratter eoveAaats and agrees to coastrust Mexican Sweet asPbalt pavement on St. peter Street from Sarin Street to Wayne Street, in the City of Ssutk Bend, Indiana art. and for the following prices - 3908 lin,. ft.` of curbing pet lin ft. cement wank per sq. ft... .20 588 yl.ini.wft. of .condtilt pipe per lin ft............... .85 • 10 inlets s `(n*R) ea/ck.. ................ ...............12-.00 27 inlets. reset each..•.........*so ..................0 300 ake 2 mle covers, sew each. ...........00.000000.022:00 10 >ankoies covers reset, @soh ...................... 3.00 17 lin. ft, of mnkoles per lin ft.............. 8.00 281 1:1n. ft.. of margtnai curb per lin ft...,........- .45 4171 eu. yds. of grading per eu. yd.................. 1.00 11705 sq. yds . of Trinidad AspkaIt per sq. yd... .. , . 2.95 11705,sq. yd$, of Mexican Sheet asphalt per sq. yd... 2.75 Auld to per qrm all, *a* i4 the'proseeution of said lmpovement under and according to the testis and con- 71 ii% fmp ve ettt.' est� tttiixn fc ::.�Ret t�e ..e'dcs led E $c►ar v€ $ubts < r. 'e , 27Lk.1923. WA the 1s, Frofile and-spedficafions on *ffice of the P?epartmeut f Pubric 'Wor €s„ Vrfch scald test y �i, Mans,1rcfile an$ specifications are made a part WereO as fully at4effectuaft:r aodd attd set out1terebi at fulf tength. a , 'be contractor farther expressly covenants and agrees that h, ffie prosecution of saki work all -proper skill wid care , 111 be exercised: th::t he gill proper'_y :-,- r,s a--d p=-ot act ail excavations and dangerous places. and �,;Il use all due and proper,precalition to prevent injury to <ny person or prc^arty; that in the event of. an�y.injury or damage resulting from the °wor' or residtirg from any matter or thing connected therewith dr arising therefrom,.to any person or r-,operty..he-r-*'li nay ab l liquidate the sasite at has own expense, and as- 'sume, the liability therefor; art latit'ti a event of any claim or claims being made or any action or actions being, brought against ftte city= sea o.e:tar an owsunt 4 of gxxwing out of s~=d work or its eonstruction, the said Centractor will at his awn expenimdefend the ame, hill day any judgment recovered therein. wind Will in all respects frilly indemnify save harmless said city, fts officers, agents or representatives from all cost, i CtlSet pa�metTt at : m' et&-_'% COv�re4.ita cmm tion v.,Ifh such claim or daims, Action or actions, And 'f w att aXa► after �►t►p such Degsm the e" Stroll' otifg the opntrattor tt the sendenGv tliervo#, O rtk •, <�'�erid the ctf�� A_a_ll be conchtsive �rest the contractor and a�inst the surety tx.l4tia �e�ortstruchoh.i toa�tnount. ;t3' tad pffier matters &ertainz3; thereto. ,C•ia: (-St. C4.:. :, �t �:, 1"L�� w a..:I::: �.".3.^..ta1•�`t:at: e od ai)din fhe aiiner as fixed by the sppcifica,,ions, and to sec..re the maintenatice a:-il r-pafp: to Mee wmith eit Board of Public'Works a bond -vrith sufficient surety thereon and in an amount as fixed b specifications. And in doing such repair.worV the contractor and the surety on his guarantes bond .ab 11 subject to the sat -tie liability to the city and any other person for any injury or damage to 4ay piers-:h, or pro:;. erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the co -a- struction work. , And it is further agreed by and between said p'a.rt-�es that the acceptance of the work provided for in t'_ it contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of'the grovla- forts of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perforntf ante thereof; nor shall the acceptance be prima facie ewridence of the performance of any provision of thii contract, except to the extent of entitling the contractor to tha+lwat+price therefor. The Contractor agrees to pay for all labor and materials used or €4mahed=-to be used in the making et 41CA improvement and in the Performance of this contract, whether done or furnished for him, or his agent, 41181' see, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the Contractor or 1,*- assigns, or out of the amount due him or his assigns upon the completion of the work, to much as may -:cessary to -pay all laborers or material sett for amounts dft theist fer done or materials used car furnished to be used in the performance of thus contract sunk the doing of a►aid work, and the count treasurer. aciing as city sreasurer, may retain suoney Collected fim groi+prty @wntrs;assessed for -said improvemi--it to pay.sw4s dzS1.9 nr Dn+;! *be cAntrert.x !h*We lutist t%6,W leive 1E_" paid or satisfied Wednesday June 6th., 1923. Continued. <.. to retno all ruj:):sh. earth• and unused mateer'ai 10 the strt4ts Or #tdae Pr. upon the completion of ite imr mvem:snt or46_repaitingtherpo£ The work of make sizbe coinp'eted �.ecgrding to the terms of that attract a" At p before the. - �� _� av .of. ......�.. .. .. ..... .. j ., ..� 9 ..... ..� unless the p e for the completion of the sar p shall be extended in writing by thslBoard�of �Publlc Wor:K And.it is agreed that,arw suth;.,w4en4an. of t ,-ne . or any alteration of this. ccfitraac't or of the manner or math. od of doing such *or lt. shall in no way affect the duties, obligations or liabilities of the contractor or his &tire■ ties. It is agreed that the contractor shall not assign this c ti tract..or sub -let the work or any part thereof to be done hereunder, without the v;rit.en •on,_,, -:.it of *ieLBoard of P.•1)lic Works. Tt is'furthei agreed and stipulated *h?t t s= coat #or shalt give to residents of said city wad cotrtify tpreference in the employment of all labor 1-iecessary'.4the neriormance of this contract, and failing to do sr>, shall forfeit to the city the sum of ten dollars for each -'failure to observe this stipulation, And upon the petformance of all the torts and conditions of this contract. and things to be done and erfornred by said contractor the.said cityagrees to cause the cost ai doing -such work to ,be astessed, coi- ilected„aiyl+paid to said contractor in the manner .fixed by the staxutE govern ng.:the making of such ftnprov#* 'tp*x �?ther,,g tiox*zanditiputations of this contract,=includiing all aii$ singular the rovisians a * its t�# the Mans, prale,-specifir tioi�s anti resolution yaforesaid, ttl�c,} ez igned binds himself or rtse and the pective successor or assigns of such. ra req. In. Testimony Whereof, We the forego xg named Parties, kere.. unto se.t our hands this 5th. day •f.June 1923. CIY OF SOUTH BEND, INDIANA. - REITH -RILEY CONSTRIICTION, `BY L. B. SLAUGHTER A. A. REITH L. P HARDY I.Mo�i+di i y' . � Vjr�i' 1 R i w • i } i l t = ♦ . r - .'{ .. • . . . . . 1S • r . . . . . . . . . . . . . . . • . . . . . . . - 1V=57' JC T ION BOND #f# ti IYexcni*. •That we..: _.. �. REI '��Ii_ �$�LEX ..._.... y..........,.„................�..,..,a,,..,,. re • ; r . • s . e @f'tiiR jtitj► ®_�..._......�..' ��T: - ..__, State of Ri t `zr ! r*I-,y Comaxyrof - the Counhy .....w..._._. - ---and State of_..._.....1.6. "at vurptia% are held and firmly bound to the City of South Bend, Indiana, in the sum Of ml�ot sand Ala: hu#dred and seveaLr Yi�nree -�----_---,,.,llars 1 6 i the a eat of h wen and truly �� 9 7 h o ft � .. , ul� bo be made, we Jointly aacl� severally. bind ottr8e ®e4 irizr, tie#, @+futon aivarafsrs. and assigns, firmly. by these presents+- `t'h@-VOUditlonai 4 the obligation are such that if th6 above nam ,.�...�•• A�,i 1;17_Ril e�ConsLruetisa. Cs ��tA�uli� - -- -- y wttjn tilt ftt4&#' tralzt ` trade and entered intoVa ::s�u___�_,---,June with the City of South. Bend; Indiana and shall fttlrilI al7th" c"Onditiona and attPulattont tha rda MtR nevi according to the true intent ar-d meainng thereof, in all re_spP�ts, then this obli - tirn t8 he void, o er ar to be and remain in full force and virtue in law. In the eve; the said 13t1 shall eXtelld the titu W the ,completion of said work, such eXtension shalt not in any y release thesureti€t M thi3 bored. This ,shall be a construction Lond, and the sureties on the ft me Shall not to held rtapoiWble f6 the maintenance and repair of the improvement after it has been accepted by the ftdiid arty, but Mh supales shall be held 'responsible for the fait',ful compliance with all other conditiatas, gdpulations and required#. wvered by or set out -in the contract. c WITNESS our hands and seats this .............. ............day Mane „-11923- ...... I _...�...,�..(SLAL� > ..1►it- i �-f,Y--C®t--s.�rLc.i,i s i< c!r EL m B A. A. Reath The above bond aapypro(v�eA tth7ifs.._ ... slay of......,...,...,,_--.,. ••i%y.y1iL�iLUFYin-�-n'Rw.��rD - L..P. HARDY - 4 A 323 i Public Improvement Contract 111kda and entered into10.0 by and between i13.,.�,.:,�.► ;„ Gerald lkeftllieuddy ♦ Porter % a StaAA or. g ,��4.t1L1�i1*4*1.1,�l�`�sss�rsss� ad 4to or 3hdi arm by ana thraNk 1 of the SUM of lei . -a en�nla; f#• oproved larch S, 10� � .� and a&J Wil uessetk, that tke' contractor covenants and agrees to a. onstruct sewer on California Avenue from Fast .line of Diamond Avenue to ChiwvLaAd -Ave. In the City--o€-South-Bead; Indiana:at and for the following prices:..* r 170 liz, ft. of 10" pipe per' liA fL...................$2.75 50 lik. ft, of 6" inch conduit pipe per Iis.ft...... le25 11 man oles ..o"k........... . ... ............. ...... 9.00 1 manhole.curb and cover, each.. ...............,..18.00 and to perform A wa de in the proseec ibn 'said improvement under smd eecording to the 'leans sod corm p 1181 of Ma Sth 1923• dituons +vf lmprovemeru't lgetsoit ..........�.-.......�,..� eked �y.the Board �ir'06ior�s....�. . " s and the lazes; prc& a add specifications ton a in the office of die I artmeut of Public Works,,,, icft $as UIVAUttort,-ptans,,profile ad8 speci!icafio�ns are'tnaAe a part et i#1i d eetuaily, air � copied and set out: 3�srein,at full length. The contractor further expressly covenapfs and agrees that in,tbe prosecution of.said work all ,proper skill and care Nvi111 be exercised; €fiat -he *rill properly* -:--ifil and p -otect atl excavations and date ;erc'►t� paces, and will` ruse all ue and proper precaution to prevent inJury to uny person or pro-)erty; that H the event any in- ttamage resulting from the ;wqr;r or resuffirg from a: -iv matter or thing connecter} thero-with or arcs etg.t erefrz any person t�pipperty, f e V411 osy art liq+�ic'fate the same at his own exp ise, and as aurae the lia' iffity there#or ; auid it} the event of a.ny 3cfa:ir i or claims being made or any action or actions being ught against the city by reason car. on account of or gro""Ting out of is;d work or its construction. the said corttraetor will at Ms own etap*nse defend the same, and vnift pay any judgment recovered therein.. and will in all respects fully indemnif 'ind sove-liearmless said city, its. -officers, agents or rearesentatives from all cost, mtpense, payment orjudgtmeat recovered in connection with such claim or claims, action or actits,. mAzad ; , VM" *=days alter any such action is begun, the city shall notify the contractor of the Vendency thereof,• tb ea aW imigntw3t_rendered against. the ciiyshAl be conclusive against the contr sW�ainstthe surety on ills tsxstruction bond, as to th- amount, liability and other matters pertainigg4hgreto. [:nci the contractor agrees to maintain said improvement ar d iiiake such repairs as may the period and ih the manner as fixed by the sp. cifications, and to secure the maintenance andvre�pav they _.., to file with the°$oard,of Public Works a bond' sufficient surety thereon and in an amnunt as � l�y.tl a specifications. And in doing such re.pair'work the contractor and the surety on -his guarantee band s13a11 Tie subject to the sa.rne liability to the city and any other person for any injury or damage to any_persc;n or prop- ierty in the saine manner and tar the same extent as is fixed. in the last preceding paragraph covering the eon- struction Work. And it is further agreed by and between said ra178es that the acceptance of the work provided for in this contract, is or the Payment thereof, shall not constitute ions of a waiver on the part of the city of any of the proyis- thcontract, nor shall it release._said ecr.62-�,.ctor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie eiridence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for. all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee; successor or subcontractor ; and the city may reserve out of any allowance rude on any estimate in favor' the contractor or fi;c assigns, or out of the amount due him or his assigns upon the completion of the work, so much as May 'cessary to pay all laborers or material men £or amount, titre them for work done or materials used or 3urnished to be used iu the performance of this contract and -the doing of said work, and the county treasurer. acting as city treasurer, ma retain money colle-_tett from property owners•lasscskil for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied The contra^ -or agrees to remo•-e all rubbus rubbish. earth. and unused tnaterMl in the $tree" or #Wei tlter%A upon the cOmpletion of the. improvement or the repairing thereof. The work_ of making such improvement shall be corn feted according to the terms of thin eorttr4at.On or before the .. �.. --- - - - - —� �._dav o unless the time for the completion of the sat--+e shall be extended in writi�,g by the �osrd Q€ publ;e Weri�*4 And it is agreed that any such exteri ion of time, or.any alteration of tbir, contract or of the manner or meth. od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure. ties: It is agreed that the contractor shall not assign this {, tract. or sttb-let the y�r®rk or any part thereof to be done hereunder, without the .rrit_en co;.�::�t of the Board cc P: T,1;c Works It is further agreed and stipulated that 1-2 contractor shall 'give to residents of said city and county *preference in the employment of all labor necessary in the performance of this contract, and failing t® do s®, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of 2,11 the terms and conditions of this contract, and things to be done and performed by said contractor the said- city agrees to cause the cost of doing such work to be assessed, cola lected and paid to said contractor in the manner fixed by the statute ;governing the making; of such improve* snouts. p To each of the conditions and stipulations of this contract, including all and singular the pfovisions and `Eerx's of the plans, profile, specifications aid resolution aforesaid, tho undCreigned binds himsielf or ttsolf, and the rooipective successor or assi s of such, pAirt'ee 3, At Tt]r4�lA1Ry -Tt7r• I h io2X.,. In Testimony 1keraef, We, the foregoing aaudd parties, hereunto set, our hands this 28th, day tf..M&y 19234 GERALD MCGILLIUDDY Contraeter, CITY OF SOUTIL BEND, INDI.ANA BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONE.R Its B®6rd of Publie 41terkffi C-)X5TRUC i t0M ROOD U t*r _ rc c its. 'That 'we ------- I-_Rex&j"AGj j�.g4.4Cjy . of'.the Countysx__-- State of� ._I�ditr auk - 51.$rrt _A��#_l�, BU.r�21r±e C® !tA _..-•-----• ass pri:ret- �#lae, State- #3f.._"�...�.._.____ Michigan r ......._........_ ns saSrcties, alre ttetd and trm!y, bound to the City of South Rend, Indiana, in the sum of.vMu�_--- rchtad•:.ed t► b trhree--.........._�--........_ .00}. -- ---- bollars ( 323 #fte $nrErrt, of hlctr, wefi au ruiy to bbe ;name, :eve jointly and severally bind oursel T s9 ot= hc.r cittorst; Othirittrators *nd assi '� y these presents ' kae eoi ditioxcs "cif the crbti ;at3vn e suc° that tf th* above tram made and entered into the ,. -� 2B�}�W_� .; 4 Y Y'. �al� �� Mtg -1. 2 � 'With' the City of Sotitli der,',: Indians and steal t+l al L tl�P r ,ions ; §t}pul t o s_ e� fnIFie e according to the true intent me i.g th neof, i , 3.11 f, is then to s d r �hlfgtian to e vo�r ; of �t•tvise to be an remain an full €orce and part u: taw, 1n t"t eve the said' eity' s' ah exten he iiiire n the ornpletion of said work; such te._sion shall TT ha i not in 3y vs a} rel ase the surettres; on thii. bond.. his Shall be �a. construction Bond, and the sure i69 ot-i t_he sai; e shall not Fie held. responsible fore tire" maintenarice and..repair; of the improvement after it has been accepted bjr the.seeoncl ar ` but such. sureties ^ shall be held xesponsib!e for the fait'-ful co:nplia?jce With all. ot?�er cc d� tiorjs, sfzyj�ylat otjs a.nd reo"i-h' 11,cy,4yored l,v or set 01_1t in t," e roll trz;. VI!'NDSS cur hands and seals 'this....:of o.................Ma.X..a+��,'.�,,,.........«.. 1� STANDARD ACCIDENT-INSURAN-CE�. w..........................,n.......... . ...... .b..... K......:,, •..... �............Sl~.�i.� , BY ._ _...CLAREATCiJ":Mi a.l;tSYe Imrrd' apprroveed-Mis.... L .r:....... .Q - - . SLAUGHTER'. - ae ad'iy f]L............................ii-rr.�.,�. i The lowing was approved by tbe Jgo TO THE BOARD OF PUBLIC WORKS SOUTH BEND, IND. WHEREAS,. the Board of Public Works of the City of South Bend, Indiana. did, on the -day of 192 adopt a preliminary resolution for the improvment Miami Street of in the City of South Bend, Indiana, by construction on under Improvement Resolution No. pavement as shown on the plans, and in accordance with the profiles, detail drawings and. specificaticrs on file in the office of the Department of Public Works: AND WHEREAS, we the undersigned, are the only persons owning pro_ petty on improvement. That we are the sole owners of said street to -be. improved, and that we alone are affected in ar�y hay by said proposed .the separate parcels of land bordering upon said street i proposed to ' be improved. THEREFORE, in consideration that said Board of Public Works proceed _ to improve said �s popoin said resolution; a_nd..for the Earthen purposes of saving, trine =:;and expense, we the "un_ dersigned, do hereby waive` all objections on `and in defense to any =defect in said proceedings, and to. any violation in procedure for the construction of pavements as, fixed by Section8710 of Burn's Revised Statutes of 1914. We further waive ;any right " to abject to the form of. said resolution. We further waive any and all objections ,to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for do- ing said work in following manner; " That they shall notify by mail responsible contractors in the City of South Bend, Indiana, of said work to be done under said resolution, and that they shall receive bids from -_ saidcontractors for doing of said work, and they shall let the contract for the doing of said Hork to the 'f ` lowest responsible bidder, and we waive any objection to the action of said Board in letting said .con- tract in a -form and manner other than provided by law. We further consent that the cost of doingsaid 'work shall ~b se-6 :a- ; gainst the different parcels of real. estate owend by us as provided by .ccticns 8710, 871Ca. 8711-E712= a 8713-8714-87:15-87:1.6-8717.8718-8719-8720-8721; and all acts and laws (amendatory thereof or al supplemental thereto. We further agree that notice. given by mail shall be sufficient notice cf the hearing upon the assessments made for said improvement. A =x Given under our hands on the day and year first above mentioned. White emb & Keller By W. Fred i eller. Pres; OPPR OVED M. 6,1923. j BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER Pre s idbnt . . Engineer reports as foilows.on Petitions, On Koseiusako Street that this petition contains the signatures of a majorlyy of the resident freeholders Frederick J. Anderson, City Engineer. Also on Huey Street, this petition contains the signatures of am jority of the resident freeholders. Frederick J. Anderson City Engineer. The following resolutions were approved awarding contracts. .Concerning the improvement of the roadway of Kosciusako Street from Division Street to Ford Street, in pursuance. to Resolution No. 1147 the petition 6 freeholdre residing on said street is'considered, and the rreport ofthe City Enginee is received and'all evidence is heard, and the Board of Public Works finds that said petitions constitute a ma jority in number of the freeholders residing upon said street to be improved, % sat said improvement be made with sheet asphalt, using mexican asphalt the kind of pavement requested in said petition; and the City Engineer reports that the White Construction Co. is the lowest and best bidder for said pavement and the Board so finds, and lets the contraet for said improvement to his and orders said improvee?-lt be made with Sheet aspaalt using Mexican asphalt alit all proceedings heretofore bad in this matter are hereby confirmed and ratified. L. B.-SLAUGHTER Attested:- BOARD OF PUBLIC WORKS L. P. HARDY Veronica C . Sweeney ALBERT F. HONER Clerk of the Board } ADatod dhis 6Lh. day of Jugs 1923. ttestConoerning the improvement of the roadway of Huey Street from Washington Street ti Linden Ave. in pursuance to reso1-xt1&a-iFo-.-+14b---the ei;ftf -of _-free.ho1de.r-a__.resiidng on said street is considered, and the report of the- CiW Engineer b.eceived..a.nd all ovidence is heard and the Board of _Public W rks finds that said peti oners consitute a ma jorty in number of the free bolners resioding upon ,:said street to b i�in���hr��8���t��a�ille Williston Construction Co is the lowest, and best bidder for saki pavemen and the Board so fins, a d let hi iontragct f9r said flkrovegieyiitoctl` rfernancaratf s said - Improvement a ma a wit br c on rave base w aspaa proceed- ings heretofore had in this matter are hereby confirmed and ratified. BOARD OF BiTBLIC WORKS L. B. SLAU TER L. P HARDY ALBERF. HONES Atteitt :• gerPonlea C Sween Clerk of Boo6rd. ate is: th, y o: June3. Attest:- C1rk of the Board. Presi .e»,t