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HomeMy WebLinkAbout06/12/1923 Board of Public Works MinutesBoard met in regular session. at 9:00 A.M. All members present: Mr.. E. T. Bonds with a pepresentative of the American Telephone and Telegrapk Company appeared before tke Board and submitted a resolution whip which, was approved as follows direeti.ng the American telephone and Telegraph Cdnapany to place wires uhdergroun.d in this City: - WHEREAS the City of South Bend, St, Joseph County, Indiana, by 6 its Ordinance Number 909, adopted June 13,1893t duly signed by the Mayor and attested by,the City Clerk, as granted unto the American Telephone and Tele- graph Company of Indiana, its suceessers and atssigns, the right, prtvi_3*�� and R.utborfty to erect, operate, and maintain its lines of telephone and telegraph - including the necessary poles, wires, and fixtures; upon and over the highways of�the said City, subject to certain terms and conditions$ AND WhRRBAS it is the policy of said City of South Bend to eliminate wherever practicable, poles, aerial wires, .cables and structures, whether lecat ed within the limits of the underground district, as defined by said City in it its Ordinance Number 1680, or otherwise; NOW THEREFORE, BE IT RESOLVED by the Beard of Publio Works of said City, of Sour South Bend that the said American Telephone and Telegraph Company of Indiana bq and it is hereby directed to place underground, wherever and whenever in its judgement practicable, all aerial wires and cables which it :now has or which it, may hereafter construct in said City of South Bead, Indiana, existing conduits to be used wherever practicable; Any authority purporting to be exercised under the provisions of this resolution shall beexercised undgr the,supverision of the said Board of Public Forks an shall be sub jaet to all ordinances of a general nature now A is effect pr hereafter passed by the Common Council of the City of South Bend, with reference to fire protection zones and other general police regukations. Adopted this 12th. day of June 1923. BOARD OF PUBLIC WORKS Attested: - Veronica C. Sweeney Clerk of the Board. L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Property owners from Clover Street appeared before the Board in regard to C16ve Street being impassable. Board advised property owners to get a -petition for a pavement and pavement would be put in in 1924. Renewal certificate of Inddans Bell Tel. Company and American Surety Company of New York was approved by the Board for One Thousand ($1,000.00)Dollars. Rpport received from John W. Tpyne Supt. of Water Forks in regard to re -inspection of the service connections installed in 16th. Street, between Mishawaka, Avenue and the Grand Trunk Ry. Co. right of way. Same placed on file and refezred to the Clty Engineer as to information as to :ghat inspects inspectors passed on, Excavation bond for the sum of One Thousand Dollars signed by Joe Saviano as princiapal and Columbia & Casualty Company as sureties. -Same approved. --- Tuesday June 12th., 1923. Continued - The following resolution passed by the Board of public Safety was received read and placed on rile. RESOLUTION PASSED BY THE BOARD OF PUBLIC-BARETY AT ITS MEETM JUNE 8th.-, 1923. WHRREAS, we the members of the Board of Public Safet y aftsr personally investigating the City of South Bend, Indian present fire alarm and police call system, and from information secured from vari4up aid different sources we are of the unanimous opinion that our present system is obsolete and ineffeeient, dangerous. and not to be relied upon in time of peril and threatened danger. WHEREFOREBE IT RESOL�-rED, that we go on record and by these presents do go on record as.favoring the purchase and installation of a now fire alarm and police call system for the City of South Bend,.Indiana, the sane to be placed in a strictly fireproof building across the alley and directly north from the present Police Head - quarters; that we send a copy of these resolutions to the Common Council of the City of South Bend, Indiana asking it to approve.the contracts when submitted and to make appropriations for the necessary funds to meet the expenditures created by the proposed improvements; and further that a copy of these resolutions be sent to the Board of Public Works of the City of South Bend, Indiana, and with it the request that it immediately met about to secure plans and specifications for a suitable building to house the kew plants. N ` W: 0. DAVIES, Prest, WHEREAS, a new fire alar* and police call system is needed in the City of South Bend, Indiana and should be installed as soon as possible, that our City, its citizens and propert$ may be properly probee±ted, the Clerk -of the Board of Public Safety is hereby authorized td prepare a notice asking for competitive bids on such systems according to plans and specifications now on file in the office of the Board of Public Safety, such notice and publisation to be made asrequired by law. FILED W. 0. DAVIES, Prest, Jun.12,1923. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President.City Engineer filed the following.report which was. approved. June 12,1923. Board of Public Works. South Bend, _Ind. Gentlemen:- - I.herewith recommend that balance due Contractors for Grade, curb and walk improvements on Wilber,, Hill and Division Streets be ordered paid by Comtroller. Yours very truly-, APPROVED FREDERICK J. ANDERSON. Jun, 12,1923. City Engineer. BOARD OF PUBLIC WORKS BY L', B. SLAUGHTER President, Light ordered place at the southeast corner of High Street and Victoria Street, Indiana Bell Tel. Co, ordered notified to reset pole to the south line of 1st, ally north of Oak Street between Allen St.eet and Sherman Avenue. Petition received for -a light.at corner of -Ewing -Avenue and Leer Street and Fax Street„and Clyde Street, Same referred to the Pale and Wire Inspector for report. Board appointed P. E. Bondurant, J. C. Rynolds and Ed. Neddo to act as appraisers for the Widening of Sample Street. from Lafayette Street west to South. Bend City Addition. a I - Petition filed for Trunk sewer on Portage Avenue and Vaburen Street from Leland avenue to Sancone Avenue. Same approved andresolution ordered. The following resolutions were adopted by the Board. SIDEWALK IMPROVEMENT RESOLUTIOY NO. 12 Resolved by the Board ®f Public Works of the City of South Bend, St. Joseph County. State of Indiana, That it is deemed necessary to improve Colfax :Avenue from the east line'of Sunn side Avenue to the westline of Sunnyside Manor as fellows, to -wit: - said street shall be graded from property line of property line to the established grade, and cement sidewalk and cement curb shall be construdte'd along bath sides of said Colfax Avenue. All as is more particluarly shown and all in acedrdanee with the plans, profiles, detail drawings and specifications ®n file in the Office of the Department of Public Works of the, City of South Bend, Indite. in acacrdanc.e v1th the plans, profiles , detail drevings and cpan. riae,tjouf# cn file in the office of the Department ; of the Board of Fubiiv Works Gityl,. and such improvement i:� tCiow ordered: The sort of said improvememt9 including the cost of st,rect &11 a��e� intereectir ��, oha,11 �R-AXIX sP�g sod uz�o�. the ;re 1 estate. abe�,t ti. off�`� e o • • . a s . i-a 0 .. t • .....e�AVe21t1Q OH �; @ 31� •t 11C ®T • . • • S1 E8• %uC 8 a Y. t..•.a ♦ i e • 90*0 •"Y"..`he. xevi •^. 1040 claL %A4i • . . . • • . • • • • • • . I 0 • t s t • 4 • f A 4 t � Y i ,aao in t o t}ae m1P+h ;el e.r' ^a.-nner Provided for .in an A.Gt Of tbo oiw- rat Aase-ribly o ' the It'l-te of ndiaua, enti.t3 ed c IAn Act. Como rnj:�g tj���:�.eiV �crp +atio s,'' appro - PAArc* %90S, aai i acec�rdaz�Ne r�ith and }�-Ur �.1�ni°� '� tho jprdlision iof al r, ,_e :•az�a sup�rlem*3gtA-L ac thereto , pe,oaod by tbpq one seemb3 o t >.> - iliankm A;7 eL-amente, if deferred, are to be jpaid' ii.i .tee iq I annual nsta�.1 evstg, with i. terest at the rate of S'ix per oGRt Pat uHis A bond o,� bonds 'shall be issued to the contractor in paivent of au" *orks ivnlesa the property owners pay said assessment before sal o nd or MAU iaaued} Under no r-7-r- r.,tances shall the City of South Bend, be, or be responsible for any sum or sums, due from said .'Propertir owner or cord for sai4 work or for the collection .of the- same, or fir the payment o f brie bond, certificate or ce?�tif`icateos. issued to said contractor in, meet for ,such work, except for such moneys =as shall have been actually rc=• ce*ved by :the City from the assessments for such improvoment, 'or such, moneys as' said City is by said above entitled Act required to pay. All pmoeedings had., and work done in the malking of sn,i a. irproverier-t , ass®�s��n� o� ���x�o���, Collection_ off' assessme,,:ts nd i q-°v.ance. of b::nds the'-,,ror, mhall be as ��_ooviasd for in said above entit-ed ^ct a.,id ty_,e:rotn, Notice of t}aiq re-o1iition seal-'. l�I �-s = ......... < ...:.... elid on 1, ae . • WAIVER. S1j;Mjry c f . . e . . in . ., a e . se .. • • a . e . a • • • . the South Bend Daily....... Th-.:,, D !iz krill giro a hcoring on this r' esolutio-n In its office it the City Hall on the.. . • .. • ..... Y .day qf' ,...... .............19..a.,at7:15P. M. .Adopted this....43t....... day of .................•., l�•. e. - -, - •• e p n r�-o .•• e• e e••• 0•. 6 e e• e e n N. 0 a ei A Y p .®± BOARD`'OF.PDBLIC WORKS:i -, .-• c [ ,c • • • • • •• . • a a e e . e . t v e . • Y .. • pA H . � B8? �` +�.j, !� :• • f. t r r a [. • r t e e t to of I 0 a •'..des 4.0e d@ e 0 b:sre, d.n ` "er' of Board The above resolution put in t[hru error. Engineer filed_ assessment roll and final estimate for water con-, neei4lons on Fox Street from.Miami Streei, to High Street, under Improvement Resolution No. 1142. In the City of South Beni, Indiana. Resolved that notice to the assessments be published an the 18th. day of June 1923 and on the 25th. day .of June 1923 in the South Bend Daily Tri bune and News Times,.in .said City,.stating than this Board will give a hearing on the amounts of its4.assessments at its office in the City Hall an the 11th. d a-7 of July 1923 at 7:Z5 P.M. . Resolved further that the entire work under the above contract be. accepted and apprevod and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for water connections on, Bowman Street from Miami Street to Leer Street, under Improvement Resolution No 1143 fvrxtha In the City of South Bend, . Indianan,, Resolved that notices to the asse sments be published on the 18th. day of June 1923 and on the 25th. day of June 1923 in'te South Bend News Times and Tribune in said City, stating that this Board will give a hearing on the amounts of such assess- mens at its office in the City Hall on the Ilth. day of July 1923 at 7:15 P.M. Resolved further that the entire work under the above contract be accepted and approved aadtthe final estimate thereon allered. Engineer filed assessment roll and final estimate for pipe sewer an Pleasant Street from. Eighteenth Street to Nineteenth Street, under Improvement Resolution No. 1090. in the City of South Bend, Indiana. Resolved that notices to the assessments be published: on the 26th, day of June 1923 and on the 3rd. day of July 1923 in the South Bend News Times and.Tribune in said City, stating that this Board .will give a hearing on the amounts of xKxk such aessessm nts at its office in the City Hail on the llth. day of July 1923 at 7:15 P. Me Resolved further that the entire work under' the above.contraet be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final estivate for ippe sewer on Fassnacht Avenue froa.Walnut Street to Johaso Street, under Improvement: Resolution No. 1053 to the City of South Bend, Indiana. Resolved that notices to the assessments be published on the 26th. day of June 1923 and on the 3rd. day of June 19239 in the South Bend News Times and Tribune, stating that this Board will give a hearing on the amounts of such assessments at its office ,in the City Hall on 'the li h. day of July 1923. at 7:15 P.M. Resolved further that 1ihense*tire work under the above contract be accepted and approved and the fined estimate the allowed. contract were approved. The following bonds and VAN M Slim ' fls � - � bet 1 - - U- J-1.M- hw awn-4 l ji, 11•j+ o-A'- Whiteomb '& Keller St. Joseph Mate ®l,..��..+ oa Md VA two Olds or3 ians, Witnesseth, that the contract covenants and agrees to construct Grade, curb and walk on Victoria` Street_ from Miami Street -to Marine Street, In the City of South Bad4, Indiana; -at and for the following prices: 1560 lin. ft. 6 curbing per lin fL.......... .••. ••••$*32 7207 sq. ft. of Cement walk per sq. ft...:......••••••• .16 3137•cu. yds. of grading per eu. yd........:......�.... .65 ro per ica-rm atf .w-ork 'i.l f-Ae prosecu,0on of said "improvement under and according to the terms tan- litions of mprovemeflt CZe oSnfiion'ho.= _-,.---w------- ----, tedby the$oardof-Public'%Norltis,—..............�., a1.ld the plans, profile a-d specifications on file *i the office of the Depa:-trnent of Public Works. wlhicir said rCAution, puns, profile arid specifications are 'tnade,a part hereof_ as fully- and effectually as if copied and set- out herein at full length. -e contractor ft ther expressly covenan . and agr Ps th 3t n the rosPcution of said vETor all prover skill .li-ri care , *11 be e,:arcis d,, th::,t he :,, ,: a ? all ex.ava`ions ar 1 dangerous places, and -;I use all due ? d T)'-C')er pro-,asition 5c pr' r-- .` M11,.-V .� _r person ^..k :-`ti that i-i +fie ew-it . any injury or darn -fie res.tl`ing from t1'-- vv " or res=Ylttnv %r Cr tl3'nF -ontF € t1 -retv?'l'' or arising therefrom, to any person or property, he t -^11 nav ozigUr .laate thess,--e at hrr.d rs own expense, aas sttnle he -'lability therefor and in the event of n.ny Claim or claims being made or anv"action or actions b,;,-, bro-�?ght against the city by reasb l or on a.ccouat of or grotiving out of -d wore or its construction. - s I ,contractor will at his own expiense defend the same-, and will pay any juidgin.ent i-ccover6d tharein.. and Will in all respects fully indemnify and.save Harmless said city, its officers, agents or representatives from all cost. .expen'Se, payment or_judgment recovered in connection with suLh claim or claims, action or actions. An,l f Within ten days after any such action is began, the city shall notifv the contractor of the per it cv ther ..f, thr_n any judgment rendered against the city srhall be conclusive giinst the contractor and against the surttt-- on 11is earttruction bond, as to thy-- amount, liability and -'other matters Rertainiag thereto. ., :,s.. ..<. .a 1:�7e pgriod widi tip`&kl3?#x{ b fixca V ,%1e S})n! L i"iUii+ a.;L z -..c iE ,ul r i - flnaace and repair then tP die With ON 1160rd of Public - 'oris.s a bona . ,th s;lf cc fit st.re€y she moo' and i, sta aiaao€tnt as firmed ley ¢fie ell r ttRn�, Arid in doing with tepair wofic tiro contractor and the sui- ty'on his Rviarantee bond shall lie. 0lti,09t tp the sAftle liability, to the city and a11y other person for any uljt ry or damage to any persf;,n or prop= Vi y in the gisina Mft Wer find to the, oiri1e &,xtent as is fixed in the last pr£C�Cli SlrligHpn� work,ng paragraph covering the Con - And, it is further agreed by aiid betweer said rart" s that the acceptance of the work provided for in t£tfs pittlp1, Rr the payt iellt th rcof, shill not constitute a waiver on the part of the city of any of the provis= icllcs of this contract, nor shall it rclea e.. said c�;.ztr2 ctor or the sureties on his bond for the faithful perform- anap theropf; nor shrill the accrzptar be prima facie evil?nce of the performance of any provision of this CRl3lt 94, except to the oxteno of entitEng the contractor to the contract price therefor. The opti0 ctor agrees To pay for all labor and materials used or furnished to be used in the staking of plpxpVelltc:lt and in the performance of this.contract, whether done or furnished for him, or his agent, asaF9110e, succeaspt= or subcontractor; and the city may reserve out of any.allowanee rnade on any efttimate in favol' Af the gontractor or 1" rk"igns, or out of the amount due him or his assigns upon the co pleti4r# of the wors:, aQ muQt as ma e.szary to pry all laborers or material men for ansounte due them for WQr-k O�VFRfIe,4 ortnaten*als U$ec, Qr 4rilished to be used. in the performance of this contract and the doing of said and the c_oltnty tl < a� t.t,•srt=t�g as city treasurer, ma; retain money :colleted from Petty r-rq ill ' Ralf-�­. ,r 1: del is nr until the ovnt - tct&r S'how9$ that � �i1�3 bEii 0 -3 } to reztlu a:l rub�isf�. e.:rtb,'arull a ved lulteriai le the ltmu o t, �ti<-iht3 otuPletion of the tmprovemant or the rep,,�iri fberec& 1; Word of malcing• > improvement -shad be completed accawketo, lE< A.the time for the completion of the sar-c shall b-c extended in writing by�thr 110atd of Putil'to 1114f.t,.q, end it is agreed that ana: such extension of time. or any alteration of this contract or ref the MAJItiti OP fA- h 04 of doiipg such work shall in no way affect the duties, obligatiotis or liabilities of the eontracEor at bit az.l0is fie§. It in agreed that the contractor shall not assign this (: tract. or sub -let the work or any pad tlt�tt'�?af tt� hs done hereunder, 4vitho,•r the written co,,::--,- of the Board of PA fe Works. It is further agreed atld stipulated that t',e contfactor shall give to residetrts of said CHY' A?'d c t+i,ti'� I)refVrenee in the employment .of all labor neeessary� fin the performante of this f fi ltrd%At, and taillftg ;:rt I;f 01, shah ferf6t to the city the sum of ten dollars for each failure to observe this stipulation, And upon the performance of all the terms and conditions of this contract. and things to b,� doq i o od eTfPtnt¢d by said contractor the said city agr s to cause the cost of doing such work to be ����q�, ri, vi e fib. t paid to said coutr Lorin the manne�xedrby the state governislg the nfaking of ftttrtli lfrcpeo/ . T4 oach of the sondit±ions-and stipulations of this Conti C4' includWC all, ar d shirilar the Oravislrttc# Art ftral-t of the plans, profile, specifications and resolution, aforesaK lfw undue nrd !WPA3 P" -+BRIE 1r � au4 tks r�geehve succ�:essor or assis;ns of sicc?t r.arrP�r In Testimony Whereof, the foregoing nawd parties, hereunto set our hands this Nineth day of.June 1923. CITY OF SOUTH BEND, INDIANA. BY BMJAU HTER Z. P. -H ,RDY ALERT P 'HONER Its - Board of Piabl is Works WHITCOMB & KELLER -BY F. - W. KELLER, Pres. Contractor, CQMTMlL'TLt?lci 8om Kr.VW &I' Men: E9 thc_s P•euata.. That �_ of the County of eqbi V .ftel�A ___._, State of as pett?l�i� pat and ai a Rhibl-addlnnblAk Of :the County -of..,:_:. Ph�lf�del.hhi� �-._..azid State of Per _ as sureties, are held and firmly, bound to the City of South Bend, Ind'ttta, in fife sum of Ogle ThousB d _.. .---:...sue..-:..�..:.».Doilars ($ 1,845.©9 for :the: a p _ymeat-of v iich, areI and truly to be. made, TM jointly and severally bind ouraetvcta, o+Ar IWI'M executors; admihatrators and assigns, firmly by these presents. ` 8s� tiiiriS .the obligation are such that if i`ht above imam i. Tuesday June 121h., 1923. Continued. - .............�.............. .......................................... .--- .................. ---shall faithfniiy, comply with the foregoing contract, -made and entered into the ----- ------A AI!&-- ---------- --- da of -June 4923 • v y _.._, �9......... with the City of South Berd, Indiana. and shall fulfill al'P the conditions and stipulations therein contained, according to the true intent and mea,iing th=reof, in all res,,<> Als, then this obligation to be void, otherwise to be anq remain in full force and virtue in law. in the eve. the said City shall extend the time for:tht com letion of wort;, such extension shall not in any way release the sureties on this bond. his shall be a construction bond, and the sure }it's on the same shall not be Meld,responsible for the' maintenance and. repair of the improvement after it has been etcce�ted by the set # jiar4 but such sureties, shall be held responsible for the fait'-ful compliance with all other'condit'sons, 'stipulations and requiremhnts towered by or set out in the contract, '9 =S'S our hands and seals this ------- ninth- -day 1923 a 19 surance _( � a • rT - K _(SEAL)' John J. Lloyd r BYF. W.' KELLFR _..�._._. _ fzi, oecretmryr— Prey The above bond approved this.. .....12th........ ..dal, of .............. .�e ... j23; 29.......E L. B. SLAUGHTER L. P. HARDY ._._.... ......_.. Board of Public Work& PUBLIC IMPROVEMENT CONTRACT THIS AGREEMENT, Made and entered into this nth. day of June 1923 by and between The White Construction Company of the County of Cook and State of Indiana, (hereinafter referred to as the " Vontractor and the City of South Bens in the County of St. Joseph, and State of Indiana, by and through its Board of Publie Works (hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Iridiana, entitled " An Act Concerning Municipal Corporations, " approved Marsh 691905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to con» struet sheet asphalt pavement using Mexican asphalt on Sadie Street from Washington Avenue to Linden Ave. in the City of South Bend, Indiana at and for the following prices:- curbing per lin ft...............................50 Cement walk per sq. ft.......................... .20 300 lin. ft. of 8" conduit pipe per lin ft...... 1.00 12 ;:tee► inlets, each............................13.00 1+ inlets reset each ............................. 3.00 2 manholes covers'reset each....................3.00 571,-cu. yds. of 'grading' per cu. yd.........:...:1.05 96lin..ft;. of marginal curb p r lin ft...........40 2185 sq. yds. of sheet asphalt pavement using Mexican asphalt per sq. yd.............. 2.82 gild to perform all work in the prosecution of said improvement under and according to the #erms and con- ditions of Itnprovement Resolution No. -------�.1-3$ - - ,adopted by the Board of Public`Works__.J�da7rr h..2�,1923 . and the plans, profile and specifications on file :n the office of the Department of, Puhalic Works. which said re;;olution, plans, profile and specifications are made a part .hereof as fully andeffectually as if copied and set emit herein at full length. The contractor ftirtfier expressly covenants and agrees that in the proseeution of.said''woric all proof r skill 9-ed cane': 11 be exercised: ih; t he >:'l p_ooer'v �r -d 1 wo , all excavations ani-dangerous places, and v� .l use all•due a.r_d proper precafitio n to prevent 'injury to :ny person or pre^_-rty; that in the event of any injury or damage resulting from the war' or resulting from amV matter or thing conrected.therewirl .or arising therefrom, to any pers--i or property, he v- ll nav ar.-i liquidate the same at his own expense, and as- sume 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 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 .t)�r representatives from- all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, th<n any judgment rendered against the -city shall be conclusive against the contractor and against the surety on his construction bond, as to th- amount, liability and other matters pertaining thereto. .. c :..'.mot _tat 'igrG:{'.S :tl :;;a; lain said 111�irJ't.'.'1.[ilt a-_ the er nd and in the xiiaaner as fixed by the speed cation att�1 to secure rile min ri;enance al d repair t. to We with t.te Bard pf Public Works a bond -With sufficient surety tiler eon and in an amount a-, fixed by $penlhca.tiens. And in doing such rWair.. work the contractor and the btlr--ety on his guarantee bond shall 1, §134ject to the sar»e liability to the city and any other person for any 111jury or damage to any per= or pro;)- erty in the same manner and to. the same extent as is nxed in the last preceding paragraph covering the con- §trUction Work. &A it is further agreed by and between said ra.rt_'rs that the aeeeptanee of the work provided for in C—Is Contract, or the payment thereof, shall not c., :stitute a waiver or thf! Part pf the city of any of th§.provis- Wits of ibio.,contract, nor shall it release said conlizetor or the furetles on l;ls b nd for the faithful perfor t- a1ice thereof, nor shall the acceptance be prima fazzle evidence of the perfornianee P. Ally provision of this CwIMcta except to the extent of entitling the contractor to 4he contract price therefojr, 'The echtractor agrees to pay for all, labor and materials tu§ed orfttr'nj§?3e€1 to he lased in the making of such lmproveu-vent and in the performance of this contract, whether dome Pr f4rAbbed imr him, pr his agent, aaI}garee,,somessor or subcontractor; and:;the city may reserve out -of any 019WAn60 }paw on stay estimate in uvor °of the Contractor or e-:� assigns, or out of the aumpant due hirn or No mognp apt e completion of the `mark., so wu& as ma, cessary.to pay, all laborers of Imatc ipq men l4 0- # due them for Work dout or Materials useu or 1-urnished to be used in the, perf6rmaw of lthit trp4the doing of s4id wm�sz¢ and tat county €rtasures, acting as city sreasuxgr,. ma t�tain , gpllt te$o� ji @F gvOley-rs a�sess�ds tor said iutgrvveu;etlt to pay such debts nor until t e -at owwo l ow ; yi '-bedp 332 ' rt :7o, ear, z.- and uw_ ed mateiial-in the stre;,ts or aides tlhe�wjr -, r cnr� £>:i. t : , : :he itn.proverii _: �t OT the repairhrg thereof The vork +af V10ing:such iznprgve_ment shalt be coridleted accorZirg to the terms of this contract on or efc�re tht un Fess fhe time ''...�.,r .,.»....,_ _-•.._�...._._........,:dav .Of � +e ftie 'M orole same she'll "he etc ,_r- fed in ww'ti -g'by the�Poard c4 Pubtc Works. And it is agreed that a ,such �:etension of ff�¢, or ary Aera.` on of this ,cnfract or of the trtanner or meth- + rf tt4ing such vstcSr% ,� .al} in no way Affect the duties, dbligatiovs. or liabilities of the contractor orhis sure - shams not: ^ ssigrt this e{ ri tra,,t, or sublet- the work or MW fatt thereof #a d neILZt'e ifcter 'sr t he iecr e - �+aawi-it of # Board of rthlic Z'Vr s he 8 a d P ;lC . ail t t%tt !►se eoniractQr salt five to residents of said city and conaty prefetenc #a i i 4th einnr Ott t1 necessary in the Performance of this contract, and fatting to do. so• email; fesrf�if f4 e:tcztg. lte sum �f ten' dollars for each failure to observe this stiputation. r And ap©n._t a perrfdrmanc+t: of"141" the_ terms and conditions of this contract, and things to be done and �rforni�ed by said cone"actrir the said city agrees to cause the cost of doing such work to be assessed, col- cted sect p4cl to said contractor in the manner fixed IT r the Statute gciverntng the making Of such improve- entsy Ta of the ten rnls anJ stipulations t>i thiS,.cou ac) } incttudir�,g 4 and singular the provisions atit, terms Ails, Orafite, sgedkattans and resolu*fciresaK dw ttudt4'; gned bands Mmself or itself. *..t t tl+e_Y�wA'cttt SttCCESSCtir �*F aq Vn= .{ti �,:a �rt'oa I.n Testimony Whereof, We, the foregoing named parties, here* to set our hands this 7th, day of June 1923. THE WHITE CONSTRUCTION CO. CITY OF SOUTH BEND, INDIANA. F. J. HERLIHY BY L. B. $LAUGHTER Gen'l. Mgr L., P. HST?DY H. B. Detweiler ALBERT F. HONER Seey. Its,B©ard of Public Works, Contractors. COMTRUCTION .BOND That we_____The._ Xhi to cmn rU ioA Co of the Cotnty of.. .SQL State of I11123.o i s ---+ ^- --•� as princ i- �, And .,, ._ -- -= {%-i #reed ...--._,_...� of -the Coulty'of__..._Baltimore _..end State of._.__ Maryland _ assureties, are meld and firmly mound to the City of South Bend, Indiana, in the suns of__.__...Thz: ;typy,s� si�c.,hux€ire�t f.1Tfr .n 4{x------- Q _•--------------- ---_Dollars t$ 3,63�j.fl� For the payment of which, well and truly to b, made, we jointly and severally bird ourselves, Our hats, hxecutors, adminstrators and assigns, firmly by these -presents. 1_i, ven-k itions •oaf -the obligution. are- such =tf at, if the above named wm.te, �Construct,ion Coupany --.---.---.---.---.---.---.---.--.- .......--,-- .. , •---:•------- ---sh 11 farth{ 11y comply with the tare gang contract" inade and Vnt4,tj dgt4 ll6e� • ....�.__._�_�_.-_� • . :la of--- 'rU21t .1(�23. 1 yG..................................—. with the City .ot South Rend, :ndiana and shall fulfill alf the conditions and stipulations thet'eit! c®fife%e accordinct g tdfh'e tnie'inter,f ar_d -rnea,;_'!ng th=reof, in all respects, then this 3bligation to be void, otherwise to be and rerr:aert, in •fnl4 iorree- and virtue in law. In the eve- = the said 0! shall extend the time J()r the completion oi,said,work; such extension shall not in any way release the- sureties. cm this bond, This shall be a construction bond, and .the sureties on the same shall not be held.responsib for the maintenance and repair of the impro�-ement after it has been accepted by the second party, but sued sureties shall be ifeid`t'eSpbfigibM for 'the fait'-{ul compliance with all other conditions, stipulations and requirements fovered by or set out in the contract. a AVITNESS our hands and seals this...........Lh t.= =y..=t;a7 tat,==---•___---_4u3a 1923 . l Uni*ed States Fidelity & Gugr parry .�..�.—q ...._$A'ec#r�-.........__....-..(Sf�L) _ By F. J. Herlii�r The above bond approved this- 1 !:i.l, L. P. HARDY - - Y i-" _ -- 0( Public i rn vern-erit Contras 12t,h. DHSS JAM% Made and entered into thia..n�. une. tom._.-.:...:._.�_,.... ..........., ..... by and between W. M. H. BurKe `ter rererred to as the "Contractor"), and Ithev 06ut4"of St�* Joseph, and State of Indiana, bg and through its ft&rd of PublU WOAM IMT6illafter referred to 49 the i i City9 0), pnder and ► ���$1� �Rt , '� t6 1era eSeA2 ily oft he State of Indiana.* +PrD$3,"lri�=ad "' i Ut(;0 *=1 sJ4'V pal Corporatibna., approved March fi, li)05* and all 8M@X"t0Qz7 =4 SAXIMM4, Aote tbereta, 0 Continued., Witnesseth,,that the eontractoro covenants and agrees to place taps on Sorin Street from St. Louis Blvd. to 'Notre. Dame Ave. in the City of South Bend, Indiana at and for the :'allowing prices: l0 taps on long side inch .22.50 5 taps on short side inch each ................... 18.00 .. s to p.errormn all work in 'the prosecution n': said improvement under and according to the terms and con- ditions of Improvement Resolution No. ----J.1-70 ........... adopted by the Board of Public Works_ ----- p. _:,411923. arid -the plans, profile and specifications on file "- the office of the Department of Public Works.. w-bi h said resolution, plans, profile a;tid specifications are made a part hereof as fully and effectually as if copied and set out hereiq at full length. e cot+tractor further expressly covPna ,ts arc? agr-_ that in the prosecution of said work all proper s1-Jli <.1!,-1 care ---"I be ex?rcis . i; th- t he -_...a r-oa " -_ : 1__ all excavations and dangerous places, �rt� "1 itSf 2.i� d±]'� .,1 rn,�Nr pry a...:sQ:2 i. .')r'_ ` 1�11'11.` "? ry Person or F'_c-.,..tv: that iq the event of any iilji ry or damn;e resst,it:g from t',e zx or R..:ii*� ,¢`fron_ a v Y,-t*er or thing =cornpc*.ed therevvjilh or arising tb.erefrom, to any pert Y. or property, he v-t11 T-av ar.-; lic,�zidate the same at his own expense, and as- stime jbe liability therefor ; a-t:d in the event of any cla z.z or clairis being made or anyaction or actions being bro,-glit a;;a;nst the city by reaso i or on account of or gro ving out of worl, or its construction. th- sa.H contractor will at his own expense,t?efend the same, and ?-'ill pay any Judgment recovered therein, and will in all r .sp :cts fully indemnify and `save harmless said pity, its officers, agents or representatives from all cost, ctxpense, payment or judgment recovered in connection with such claim or claims, action or actions. Aid f ten days after any such action is begun, the city shall- notify the contractor of the penrle cv ther. of, tli� n any judgment rendered against the city shall be conclusive against the. contractor and against the surety Oil his constructibn b6 id, as fo'th-' Aritount, liability and other matters pertair1., thc°reto. �.c� ,rye ccr.,raeior agrees o mair lain sett; :iiecPssary the period and'in the manner as fixed by the sn,Pci`l'ications, and to secure the maintenance and repair therew, to file with t'le Board of Public Works a. bond with sufficient surety thereon and in an amount as fixed by thl�; specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall 4t,. subject to the sane liability to the city and any other.person for any injury or damage to any persrn or prop., erty in the. same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. Ar_d it is further agreed by and between said rart': s that the acceptance of the work provided for in t -. s contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- ions of this contract, nor shall it release said ecndractor or the sureties on his bond for the faithful perform - mice thereof; nor shall the acceptance be prima facie evidence 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 made on any estimate in favor of the contractor or i-:- assigns, or out of the amount due him or his assigns upon the completion` of the wort., so mutt as ma- cessary to pay all laborers or material men for amounts due them for work done or .materials use'a 3r Garnished to be used in the performance of this contract and the doing of said wort:, and the county treuai,rer, acting as city treasurer, ma; retain money colleted fFom property owners assessed for said improvement to pay such debts or wail the contractor shows that they have been na;A �r satis�,Yri - a. es to renio __ all ru :',=sh, earth, and uw.s d mater ai in the streets or a6I es there. upon the completion of the .improvement or the repairing thereof. The work of making such_ improvement shall be completed according to the terms of this contract on or bacfore the ------------------------------ - - - —------- ---- day of;_...._. .. __ f.........., unless the time for the c�omp3etion of the' sal a shall be exfended in wr;ti:.g by the Board of Public Works. And it is agreed that any such extension of tiiue, or -any altera*ion of this crntract or of the manner or meth- od of doing such work shall in noway affect the duties, obligations or liabilities of the contractor or his sure - It is agreed that the contractor shall not assign this c r tract. or sub -let the work or any part thereof to be done 'hereunder, without the. written cors_mS. t of the Board of Public Work It is further agreed and stiputate� tli�t the conti-actor shall give to residents of said city and county preference in the employment of all fabor necessary in 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. And upon the performance of ail the terms and conditions of this contract, and things to be done and lerfornied by, said contractor the said city agrees to cause the cost of doing such work to be assessed, col- ected and paid to said contractor in the manner fixed by the statute governing the making of such improve saents. To each of the Conditions and stipulations of this contract, including all and singular the provisions ant Terms ohhe plans, profile, specifications And resolution aforesaid, }hc undersigned binds Mrnscli or itself, and the rw-pective successor o; assign.s of such i-art,es. IN TESTIMONY WHEREOF9 We, the foregoing named parties, hereunto set our hands this 12th. day of June 1923. CITY Or SOUTH BEND, INDIANA. MA. H. BURKE L. B. SLAUGHTER Per H. E. Goheen L. P. HARDY Contractors, ALBERT F. HONER Its Board of Public Works CON TRUC1' )VOID }BOND f7 lsre,-ts. That we._ of the Cot.nty of.. State of as prineg- pal, and of the County o£ _ and State af..,_. w~� as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of, for the payment of which, well and truly to be made, we jointly" and severally bind ourselves, our hdrs, Axecutors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if th# above nartied._ Public Improvement. Contract. THIS AGREEMENT, wade and entered into -this, v* c* 44 016-0 » v *aay 19...., by and between J. A, Barnes of is Ot t�...... 6 0 * 14 J*O* * *0..... and State of...... ... I d it$r;$ .: # .....:.......... , thorn wtax; referred to as the ` `Gontractar' s) , and the City of South Best, I !the 00 of St. Joseph, and State of +' Indiana, by and through its Board of Public (horo re+rred to the . Cty4 a under and by virtue otf 'ohs %Aoral Assetlt of the State of Indiana, entitled `*An Act ConeorningM $01. 10orporationaI,' * approved Maxch fi, 1905, and all amendatory �suppUzentAIL _ V.Titne,sseth_, that the contractor covenants and agrees to construct grade, curb and walk on Randolph Street from Caroline Street to Robinson Strept, in the City of South Bend, Indiana at the following prices: . 1140 lin. ft. of curbing per lin ft................45 5200 sq. ft. of cement walk per sq. ft............ .18 403 Cu yds. of grgd3.nc- per Cu* yd................ .75 a to perform all work in the prosecution of said improvement under and according to the tertne vA con. ditions of Improvement Resolution Iwo..-._11 ____ adopted by the Board of Public w9r�l,,,.."X:i1 4,1923 and the plans, profile artd specifications on file i4 the of&ee'of the Department of .Public Works, whilih sal resolution,_ plans, profile and specifications are made a part hereof as fully and effectually as if copied and set; out herein at full length., T'he contractor further'expressLy covenants and a_gTees .that in the prosecution of said work- all proper skill;aud care ->011 be exercise3; tli^the - ''_I t ~on F �` .c: all excavations and dangerous places, and +; i'1 use: all due and proper pr ca,itiorr tc ry person or p-c .arty; that in the evr-zit t>f, any injuryor darria.ge resulting from the v �.` or r� t1 t^ front a-v *ratter or thin- connactecf therevvith or Arising therefrom, to any o property, he 11 raw arm lin tidate the same at Kis owxi expense, and as- sut ie the ha iIity therefor; and in the event 3f any c➢.a:ra or claims being made or any action or actions beintr brought akiltist the city'by y reago* or on account of or grotvipg out of s� id worlr or its construction, he say contractor will at his owti txpente defend the same, and will pay any judgment recovered therein, an , will in all i'espict$ `fully indem y and save harmless said city, its officers, agents or representatives from all cost, ta.pense, payment or ju ment'recovered in connection with such claim or claims, action or actions. And # within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, thin any judgment rendered against the city shall be conclusive against the contractor and igainrst the surety on his construction bond, as to th­ amounU liability and other matters pertaining thereto, y na the contractor agrees to maintain said improvement ai. J t.ta­ t su it the period and in the manner as fixed by the specifications, and to secure the in'anntetiannc-e, and repair ' _ ;; to file with. the Board of Public.—Works<a bond with sufficient surety thereon and in an amount a% fixed by `'. opeI ifieations. And in doing such repair work the contractor and the surety on his smaratntee l owd shall 11 sitbject to the'same liability to the city and any other person for any injury or damage to .any peril .nn of pro a= erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering $lie cq_i ;atruction work: And it is._ further agreed by and between said Tart?.-s that the acceptance of the work providod f.®r 14 Vt T3 contract, or the payment thereof, shall not constitute a waiver on the part of the city .oan-iy of the provis- loans- Of this contract, nor shall it release said contractor or the sureties on his band for the faithful. peffor;n= ante thereof; nor shall the acceptance be prima facie evidence of the performan ce of any provision of tlu 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 dove or furnished for hire, or his agernt, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estittnate in favor of the contractor or 1 assigns, or put of the amount due him or his stssigrns upon the completion of the work, so much as, mad-.cessary to pay all laborers or snaterias mean for stnsounts dim them for work done or materials used or furnished to be used in the performance of this contract wid the doing of said Work, and the county treasurer, acting as city treasurer, may retain money rol;e=ted from property owners assessed for said improvement to pay such debts or until the contraczef shows that they hava beece paid or satisfied l:fe co :t--a' 'o:- agrees to remo--e all rubbish. earth, and unused.tnaterial in the streets +Efr sides therea upon the completion of the improvement or the rA*airing thereof. The work of making such improvement shall be completed according to the terms of this contract on or before the - - -- --- --.- dab of _� _ ..... �- .-......,..._....., I9....,:...., unless the time for the completion of the same shall be extended in'writing by the Board of Public WV 7 _s; And it is agreed that any 'such extension,of tune, or any alteration of this contract or of the ma_ nervr meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor orahis sure- ties. It is agreed that the contractor shall not assign this cfu tract. or sub -let the work or' any part thereof to be done hereunder, without the written cons mt of the Board of Public Works. ft is further agreed and stipulated that t$e contractor shall give to residents of said city ar_d county preference in the employment of all labor necessary in 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. And upon the performance of alI the terms and conditions of this contract, and things to be done and performed by said contractor the paid.6ty agrees to cause the cost of doing such wdrk to be assessed, cUl- lected and_ paid.to said contractor in the manner fixed by the statute govmming. the making of such improvers iMeants. To sash of the conditions and stipulations of this contract, including all and si bgular the provisions and tersus of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or 4tself. and the reepeetive,successor or assigns of; such parties TN. Testimony Whereof, Wei the fgregoing named parties, hereunto set our .hands this '28th. day of May 1923, CITY OF SOUTH BEND, INDTASA. J. A. B,4R TES L. B. SLAUGHTER Contractor. L. P. HARDY AL,BERT F. HONER Its Board of Public Works. 12th., 192_4• Continued. CONSTRUCTION J3t3ND )Ct7P,W r!t M. trn b7 these preaents. That we....... J s _..A . Ba me s of the County State of...�.............�....Indiana pnl, and ..............Ltn3.:l .._ es Fidelity & Guaranty Company of the Czwxy ... Ci1y.... of Hdltintore ----......... and State ;of ...» as sureties, are held and firmly bound t the City of South Benc1,�, Itrd.°t, j�.3h�.astrta eE s . ,._ __ Ei t hundred sevenety "dive •-�--. -� €o the payment of which, well ...... ------------- . _ -_ .............. .............».. ..:�.._._.. ,,.._.�11ars �� 875.00 �* p y and truly to be made, we, jointly and seiret lly b1ud ottr6dve-% czar Aelft, At ecutors, adminstrators and assigns :"rtnly by these presents. The conditions of the obli�-ation tire such that if tht'; above- named A... -ryas ..,,.F.. o....._. ..------ ---- --------- ------- shall faithfully era plY With the foregoing contract, made and entered into the 2BJ h._ condditi day of... lUla 1923 � with the City of South Bert n2 indiaand sha11­£u1511 alrthF' .,.iti<.,... ons and stipW tions therein .contained, according to the true intent -ne . the.. -..of, in all res,, _ts, then this .)bliga,tion to be void, otherwise to be and remain in full force and virt*,:,; ill ,Lrr. 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 sliali be held responsible for the fait' {ul compliance with all other conditions, stivulations and requir€trrsnts covered by or set out in the contract. WITNESS our hands and sea18 thi 281;he........day of .......................... May 19`�3.:... i�.. Uniteid Stia tes Fidelity & [xiiar€ri1;q'" ` •.•»»••»••••• .....Go ipa i ................... ........................ .....(SnAl.) ......... J.... �L#... a%=12 m,. (SZAL) Ba,---e �...B ---Dora-M...........a-0 .....................(SEAL ................. _.. ...... } attproved this..-... _ - -1► .--•--- �..._..dti*r of........, L_.. ._ Sa lughte r � : Rasrd of age v or . u lc mproeaxe tract. ninth t _ ..._ _. , Made and entered into this 4 s-s 1:v 9 WA44 01924......, 19.... , by and between Whi teomb L: Keller Ay e e e e e's *%Ua sJoseph..... and State of........ 9 ref orred to as the ` `Contractor") , and the MY Of 090h 5@#ao ntq of At, Joseph, and State of Indiana, by and thr � ► � ' raforred to as the � � City") , der and VOWOf t � % 1 touombly of the State of Indiana, entitled `10-AuAdt QM99W. wlwic `p.ttqub,, # approved March 6, 1905, and all t 0, %,%%t ' Witnessetth, that the contractor covenants and agrees to construct grade, curb and walk on E. side of Miami Street, from Ewing Avenue to So, Line of Miami Stxnat-,Heights Add, in the City of South Bend, Indiana at and for the follwing prices;- -- -- - 4166 sq. ft. of cement walk per sq. ft...-..,.......... .16 curbing per fin ft. ; , 162 cu. yds . of grading per cu. yd.:.. `-.. .. • • .. • .50 ,Lt,d to Perform aft onorlz in die prosecution of said improvement under and according to the ternm and coifs ditions of Improvement ResottitionV6. � 1165 __ sdcipi:ed #ty the Board of Public Works Max, , .,9-q1923 and the plans, prattle and spWifica Lions :6h file fn the office • nt fhe )) Pa.rtment of Public Works, whit said resolution, plans, profile and spec�fwations ate �aaft #ieteof ala #ui13r'aiid effectually as it copied � .set out herein at full length. The contractor further expressly covenants and agrees that 't i the prosecution of said work alt gropes skill and care v.411te exercised. that lie w,'1t'proper'ti ar'.-ard p;Fo Pet 49 exca�tions Mid dangerous places, and will use all dne ard�ro erprecaution to prevent injutsr to �iny person or ptorerty; that in the event any injury or damage resulting from the w� jr'_ or res=�ltirg'fron a++y 7*l3tter or ftitrigg connected theretvitFt or arising therefrom, to any person or property, he trill pa Ar.A lij4date'the same 2this. bwsi expense, and as- sume the liability. therefor; and in the event of any claim or claims beingtnade 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 contractor will at leis own expense defend the same, and will pay:� any Judgment recovered therein, and will in all respects fully indemnify and save harmka said city, its officers, agents or teoresentatiyes from all cost, expense, payment or judgment recovered in connection, with such claim or claims, action or actions. And if within ten days after any such action is Begun, the city shall notify the contractor of the pendency thereof; fhen twny judgment rendered against die cit shall be conclusive sgainst the Contractor and ainst the surety tin b.is e<mstruction best, as to tb- �iouat+ abitity and other scatters pertaining thereto. Continued. ti grl Ytf+ 'G m—a ^s .l.t S Fes,. j # asr woi* the con tr;3�ctor aad� wtvq jok I i It 4f e Litt' and. aay other penir n f0i a.l�y-,144X2rY, ftt� h 4 %Uf � ;i� bf 0f '6�p" 14 4 C �>' w 1� to same exteaat as is fixed in Chit list prt&At �®i 14 tbii� ll � tt f It f ed and between said psrt'<s that the itceptaittt 1A fhtv*bt POVI � �df jiA t4_4 a ltfltll t f 11 L� shail�not co*_-,stitute a waiver or tht pra:rt bf the atilt hlt � t f t 6 dot t Ali of t n t a lalta �Tt r l a e 9a d cc_�' *a a>r�r the sure ON all lit" bond �, than fd th t 6 �Tlf�li ��ilrf Sri or, A01 the srceptance be prima facie evidence of the fiCf ftlfltiiif4ee of tihy prow dldit df ffil; lli#" 1a pi to th@ extent of entitling the contractor to the contract pt°iee therefor,litf Mor 4 rots tp Y for. all, labor and materials used or furtild ed tb hd U014 It, a� the ifil of §04. �}I#p y ilfl l elf In the perfarmRnee of this contract, whether done or fiitbld� of i bt, N aft 1pwilgavei MAIMM" or %Uhconft aetbr; and the city may reserve out of 1ang'Af1r 1t"-8 tdo of the.. �Mhoe yr `or 1 T Awgw% or out of, the an aunt 4ue him .or hif issi s O thi )� � , 0 u�ti aA�'�e'. �ssaa ry to pay all laborers rn MAtktlas luau Or *M ai a� AI* t%4t,t► ,�c .atruished to be used in the pvrformxiwA of 0s �tow .tL�?; �i the ttaf ttjAzkkt t� actiuf; as esty measurer, raa I in t rid +> t a #6 �l� fA\ �� 0�"Op `'� tVavea writ to ley such debts or w,ts C M-ntrAdf f WO dw Aw , p't earth. and rinused material in the streets or sides therw upon. the eomplet.on of the imp�ovem�,it or the repairing thereof: The. work of making such improvement shall be completed according to the terms of this contract on tw before the ------- ------------- - __.� day of_.._ ._. ---••------...._..._...................w..........., Iq.........., ante 's the mine for the completion of the sar�e sh* be extended in writs g by the Board of Public ''CJorl,s, And it:is agreed that any such extension of tiTne, or any alteration of this contract or of the manner or niPth• 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 c •r tract, or sub -let the work or any part thereof to tie done hereunder; without the ivritzen cords t of the Board of PvbFc Works. It is- further agreed ° and stipulated that ; y2 contractor `shall rive to residents of said city ard. c�jvi *y preference -in the einploymeatt of all labor necessary in 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. And upon the performance of all 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, c;o1- lected ansi paid -to said Mntractor in the manner fixed xaents, by the statute governing the making of snob imOrove- _ To eaish of the Conditions and stipulations of this contract, including- all and singular the provisions and #louts of the p}ans, profile, specs -fixations and resolution.. aforesaid, the undersigned binds, himself or itself. zi<nd tYec rac-peCtive__succcssor or assigns of su^1 In Testimony Whereofz We, the foregoing named parties, hereunto seta our hands this ninth sday of June 1923. CITY OF SOUTH BEND, .INDIANA. BY L. Ba. SLAUGHTER L. P. HARDY ALBERT F. HONER Its. Board of Public Works VIRITCOMB & KELLER BY F. W KEI.,LER Pre s , Con -tractors, COMTRUCTi_ON BOMJ tL_. a vre: cuts, _ That we:, Lhi._Ue_0mb_..&__Klt11Qr _..__ .. ......................... of the Coi .sty of.... _�t+�._ sT�gt•'i3 i' ' _ State of Indiana �. as princl- pal, and T,nd ami i ty Me-amra n Co. of No- _Ail er'i ma.nwPhi l a.del phis of ttae--County gf4 ILaaa� and State as sureties,: are held and firmly bound -la the City of $outh Bend, Indiana, in the sum of,:._,,., h'-_mot. rj ti three .00 ). for : the payment of which, v�ell and truly to be made, we jointly and severally bind ourselv'es,z_r 1?firs, execsitors, adminstrators and assigns, firmly by, these presents fie F; conditions :of ,ire" obiigatic are such that if iliac. above named jt0111t?__-8e_.K@IZ!"2'..-_-- shall faithfully comply .rv:'rti i:ie #os Deng contract, inaele arc-' entered into the - 33�.At,h - - — - day of —_--- - - A� •..�. , 1�....... , with the City oc mouth Ber_d,-Indiana and shall fulfill a1C the conditions and stipulations therein contained, according to the true -intent and Tneal._ng th-r eof, in all rest e _ts, then this )bligation to be void, otherwise.' fo be and remain in full force and virtue in law. in the eve. = the said Citv 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?-{ul compliance with all other coma`;t.ans, stipulations and requirements covered.bg or set out in, the contract. WITNESS our dads and seals this .......... 9.th„_.., :- dad INDFNINITY INSURANEE CO.: OF St L) „.. BY JOHY�--MO"Y'B............. ,IT t &- - . • . -------------- F-•esfdi� �Ast4i,�i�a>rt..�ecai(a�B�kL) BY W. KELLEB(ArL} ------------ _ raFr - The above= bond approved this_»....__ .. -. 2�,ii...�...... �My of......, . - - JAM L. P. HARDY June 12th. , 1923, Continued. Public Improvement Contract TUTA AGREEMENT, :We and entered into., this.......r.-wr.sktl6i441 E RTtxe ! i� go by and between fti-toomb Keller .k"Us844004JQ9e1Ph.. .and Rate of..,,:ra�. �e���#►��F�t'#+�atl�`#sss��"F�� t1 i ` % "ftrred to as the Contractor' ) , and the at of intu Q%i %J or 8t. ,JQ40.15 i,; and. State of In , by apd t4r;fit p f @� %oftiA (erred to ae the < < City' s) , under and by virt 6. t of %ftl Ot the State o Tndi _.xia, ` entitled i An 06I IM!t � t �, a avlaroved VaLrch 6, 1905, and all at UtO27 " - .A Witnesse'th, that the eentractor.coss»nts and agf'ees to construct grade, curb and walk on Altgeldt, Street from Miami Street to Clyde Street, in i,he City of South Bend, Indiana at and for the following prices*. 3276 lin. ft. of curbing per lin ft.. ..............4.32 15190 dq, ft. of cement walk per sq. ft........... ! .. .15 . 3719 cu. yds. of - orad.ing pFr du. yd.'. go .$ to terfam A in the gtasecation: of improvement emder sv4 according to the ter�mEs and fii€fciFr Improvement aeso%tion No;, .._ 11 0�,9 adapted by the $hard -of pumic rl s__VQ„�.5,1923 - 4and the 016ns„ profile arA-specifications on file in the o El e of the; pepartment of Public . �VoErks, Wbjch Sala fesolut;6p,, plans, profile and specificatims ase made a part 'h,ereai€ as full* and effectuaVy as if copied aW_ Set outherein at full length, 'The contractor further expressiyy swmr is and sgr+ees that in i f>e gtasecution of said sao& all Ptop� Okill and Care ->'Itl be exercised; that he gillF erzh, - °•ar1_ anp"d o ct all excavations afld: gerous places, _ z Ond -01 use all due and prom' preca*ition, te.preveot in)u-y to -=v pesaon or p-c7�ftv: that. in the eveai 01 ally, Injury or damage resulting from the w3a: or ref,tl*_r.�g from a-r rr tter or thing Tonn-etPd therewith of arising therefrom, to any persn-i or property, he r%il ray ar ligtAfate the same at lips *Svtt ea�ense, and as- stwrie-the,kability therefor; and in the event of any cEa:ri or claims being made or any action or actions being bio.tgl7t 4;airist the city by reason or on account of or grotving out of 5=!d wo k or tts constructior;, rile said tontrartor Will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify find save Aaz�nless said cit3t its ofhrcers, agents car teptresentatives from all cost, expense, payment or judgment recovered in connection with such claim or eiaitrts; actions soft Orm It # if within ten days. after any such action is begun, the zity shall notify the contractor of the #adencv thereof, f[ien any judgment i+etedered against the shad be conclusive aga�nt the contractor itfidrst t sixrety an his construction bond. as to tb _ a.tnbunt; fabil"itp and other mit -rs $ertainiag therein. Ad t i eericfaetat alp"s to-mai-stain said unprovement a,.,; t Lal_e su:1p repairs. as t ia. _ Ali 4e WirerS4 > dby*e �ti0M_%atnd to secure the maintenance and repair, t=lei . . 0 e of FAIjeWaAm abmd with ssaf& t q tbKreon and in an amount as faked by t;L §:AM f# dW-ag StwU rgwiir w6t* the cc uzetor aid ft etli Pfi his g u;Aontee bond -shall be . Est MM@ IN&Jity to the cky and any other person fox i or: damage W any persan or prop- _fi itff AS § ;�a4 aW to thesame extent as is fixed in the aat Oft"diag paragraph io7r th@ gon- �@ii AA if i§ fpfM@f Sgraad by and between said rart� s that the aemptimee of tho work provid#d fF@r i'I *i!s �Rqt€m v fH§ paymM fberaof, shall not constitute a waiver on the partof thi city g ltuy @f th@ pr@vi§- iBl#§ �f f l§ w_F @Rtrfl,at R@r gball it release said contractor or the sureties an his bmid tw the falthftli 00€f@1'f= #1. filgff@f, ; fief §hall the aeceptance be "prima facie ecldenee of the perfortfianie of fkay pf@v4§1@h of thi§ C-(lllf WC- @'Wpt to th@ et€tant of entitling the contractor to the contract price therefor; C- reap(€4,00f 41fr@@a to pay. for all labor and materials used or furnfohed to b11 09@d W thilfiRldfig of §}} liil Amig if 9RU in the .performance of this.contract, whether dons or fuiiW it ,f of hii63 eF _hi§.gff@f1fJ §§;giiR; 911%t§§@f or §me@iitractor; and the city may reserve out of fifty ANWa€ of i6 any 1 ®f f � tetra@t@P hie assigna, or out of the amounf due, kiln or Mo Sgg fps pf� @d gw%% -Cemsary to pay all laborers or s:satesiisi *" OW &1 � .go 1<- W 0M W 1 Wd%h �ittraished to be used in the performanceof fNi + 1 � %h4 "tim voNit_ truism. r• acting as city .reassiser, >zia to its 4@114 >� -ice �11eeL i� pay e?�� its �t f� eoutrs i`f F 'F §�tti��$ ...... . i .1e co", :-a or sgiee§ lq fiemo,-, ill rv%);sh,. earth. and unused material in the Streets or Sides then" upon the completion of the improvement or the repairing,�? ereoi. 'The work of iiiakifit Stich impr'Qvement Shall" be' p�Ietcoinea according to the tertns of thia vontract on 'or Wore "the-------------- --------------- -:-_-- = -:.:. : _�_:� �:_ ,_ dat,•of_:.: :_.__ ___...- _._._ .,. 19 ,•,._ unless the time fo€ the qotnpiexigr� pf 1h�,sar, e Shall b.e extended in writing by the 'Board ofFublrc Works. And it is agreed that any such extension of time, or any alteration of this contract or; of the manner or meth'-, od-of doing such kork'shall ih o-way'affect'the duties, obligations -or liabilities of.tlie, contractor or his sure- ties. It is agreed that the contractor shall not assign this c,.r tract. or sub -let the work or any part thereof to be done Hereunder, without the written consent of the Board of Public "Works. It is further itgrded'aiid'sfiptflated that tl4e contractor shall r ve to residents of saiii city and county preference in the employment df all labor necessary in 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. fad upon the performance of all the terms and conditions of this contract. and things to be done and perf4ined by said contractor the said city agrees to cause the.cost of doing such work to be assessed, col- Gted and paid to said contractor in the manner fixed by the statute governing the making of such improver" rents. -To each of the Conditions and stipulations of this contract, including all and singular the provisions and * tiffs of the plans,.profile, specifications and resolution aforesaid, tho utiderrriagned binds fthhscl'f or itself, arid.#iiC x--pective successor or assigns of such varties. In Testimony Whereof, the foregoing named parties, hereunto sot our hands this ninth day of June 1%5. -A CITY OF SOUTH BEND, 1NDIANA. J�gITCOMB & KELLER BY L. B. SLAUGHTER - BY F. W. KELLER, Pros, A L. P. HARDY Contractors, =. �AI,,gB gg It7_ fPuI3aink . W 12th.. 1 CONSTRUCTION ZOND Xnc w: e� .ems L7 tLc= presents. 'That we..»... P�'h i 4c effib & : ell or of the County ot`..._...::,r...,:etateXi_�..»...._.....--lmd.---.-�-�►�.. as }�ritiei• pal,, and, Tzntac�wrx j,��. Talq.a__ it de � of the County of Ph a _. _ # State : f I-A-0 as sureties, are held and &rmly bound to the:gt* of South Bend, Indiana, in1he stun„ems , ibb gandl d...3e=�iaC3��. r—.»—•-�r.���ss.�_ ..w—•+v.»:e-rzw:....�.--.:Dollars forte payment of which, well and trul}t to be made; we jointly and -severally bind ourselves, our hefts, executors, _adminstrators and assigns, firmly by these presetlts. The conditions caf Alle obligation are such that if tht above natned:...«,.t., ....._�..--.-shall faithfully i;ornp y WILIL the ioregwrig contract, made and entered into the _-.-. . ............i1..-_-._ day of----�-.�,,.. 19.»..... . with the, City of :South tend, Indianp and shall fulfill a1fthP conditions and stipulations f6 rein contained, according to the true intent ar_d .mea�_-:ng th= -eof, in ail re -is, then this )bligation to be void, otherwise to be and remain in full force and virtue. in 'aw. in the evr -he said Ci.y .shall extend the time for the completion of said work, such 'extersion shall not in any way release the sureties on this bond. This shall qe, a construction bond, and the sure >>es on the same shall not be held responsible for the maintenance and repair of the improvement after it h- s been accepter? by the second party, but such sureties shall be held responsible for the fait' {ui compliance with 9.1I othPv conditions; stipulations and requirements r,ovPred by or set out in the 'con*r;_: t. !Y"1.1.''-,`".J;°.l' �7ar":'.'.S *d•. '.�..�:�" tlij�,.,««- .,=,.««««.!.«., �...'` "' .........,,.v ly._.,.,...... --(SEAL) .� .. y ;.. by. J®.'IT. l;I®Vd RcsIden , By P. W. Koller r Tlhc vc bond approved t;iis �� s--�'-..tt�. of ire s W. L.._B • :SLAUGHTER_ L. P. HARDY todm of public 'Improvement Contract sth. _ 15 AGREEMF.,NT,. Made and entered into this.-..- - d;s _....P� by and between Wiliisi,®raCast,ruLios Bompaxyr y�.�. St. J®se hmd Mate of Indiana _ '�/�Via arysiaatata�a•a�...s-•a• •s.ltttflfllit*t1_"44_4- J-J Jai thite�eV referred to as the t `Contiract�" � , 'hB 61t r ®f �� 'des (found off' St. Jdaepk, and State or Tud; s �` $ #�d �0i � 1� l . _ (hereinafter referred. to a `' i �yi f ), .� Md ,fir' d f ft Idt Uo Oexeral Assembly of the State at lndi-a.nas i 3 Corporations,'' approved March E ,-15.05,, and- &11. a&&1 40+A thereto: Witnesseth, that the contractor covenants and agrees to con- struct asphaltic concrete pavement, using McXican Aspbal t on EdgewaUr -.Dr iw and Harper Court -from Arch Avenue to River Ave in the City of South Bend,: Indiana at and for the following prises:- curbijtg_per lin ft ................. ...........$o60 cement walk per sq. ft....................... .20 conduit pipe per lie ft...................... .95 2 inlets rtz# each* ............... s0000000se#14*50 5 inlets reset each...........................3.00 2 msnho. le covers reset each.........aeoe ..93.00 193 a u. yds. of grading per cu. yd.......... , 1.00 30 fin. ft. of marginal curb .per lin ft.... .40 1052 sq. yds. of asphaltic concrete pavement using Mexican asphalt.per.sq. yd..........2.52 12th,, 1923. Continued--, ;,tics to perform all work lift: the- oroseenti6n of said infPmvement under ;wd �xording to the term and con. Iditions bf Improvenent Re,0411tion 1TO, __12-09 ------- �t adopted by the Roa:rd of Public Wor, May 2 kJL. 991923 and the plAns, profile and soecification's cat filelln, the office of the Department of Public Wor#cs. which sal resolution, plans-, profile and specifications are made- a part 'herein as funy and effec ��t.out herein at full length. tuany sk if ieil and The contractor further expressly covenants and agrees that in -the pooqw.ution of seid work a,# pro MIA care v,ill be exe'rcised: that he ­7-'11 r _i. . F per 10"cc- all excavations and dan and ­;ff use 0due ai-d p-qper'preca'_qtibu tc prz-,':'�?f gerous Olaces, 1,1;117r I-) 1�'riv perso-rt or Fr%��artV; that in the event QL any injuryorOrnp-ge resulting - -,Nr - --T TeS111+111cr from P•jy r-,4tter or thing connected theiewith or .3. ng from th W' n arising.1herefrom, to any person or property, fi,� —4ipa­ ari liquidate the same at his awn expense, and as- sume Elie liability therefor,,;. and in the event of -iny cla-: lr-i or claims being made or any action or actions- bein bro-.Ilehf againit'the city-b. -ai growling 'd C 1 .1 reason or an ?�ccount orgrowmgoutofc�- viork or its donstruction, th� sa;a .Q,ntractor will at his own.'expense defend the same, and will pay any J�Udgminrit recovered therein. and wi fl in allrespectsfully indemnity and save harmless said -city, its officers, age I ' agents or representatives from all cost, txp,ense,PaYMwtoriudginejitrecovered iiiconne'ctionv.Tif-lisu�,,I.i.claim orclaims, a,ction-oractions, Atad:f viihin ten days after any tuch action is t>egun,Afielft shall notify the contractor of tnf, qen+mcv ther f1h<n any iludgineirt tendered against. theci* shafte con011sive against the tontractot ftnd against the suret-v ibitistruction =-- :;!,-as to tb, arw4wa , liability-ond other niat� ers perr ainirg th-_reto: i-i it -it N_f*et,&r agiree-s t6sualatain said improvcnei a: ­� ­4­esuca repairs as way 46 dig Mj4nff s§ fired by fhe ww6fications, and to secure the maintenance and repair.ther-_--_j', JJ@g## ©f Elie Works a I)onA-u;tb sufficient surety tbcreon and in Au ato gunt gs. fixed by t the the surety .on his gv;grar -,t tend shall be Afit-00p: Aid In doing such repair wdik the contractor and 040a. t44 the wn@ If Nifty to the city and any, other person for any VRfury, or damage- to mAy pffscm or. W., op- F.f I ill thp 'Awni Inwomf and to the same extent as is fixed ifi the last prcceding -parawraph iovtyliia the tqil- Fo4awyl W04, , AA it ig 1t&th@r figr,@@d by a"d between said r-arty s that the acceptance of the iwork providod tot in 04s fti;ity pg-tj of t4 payny @At thtraof. shall not constitute a waiver on the part of the city of any of th@ 181i§ of fbi§ @0110461 tt®r Shall it I release said contractor or the sureties on his bond for the falthful p@Vf9f-qi= mies -thmof j not A01 the acceptance be prinia f4c;e-e-,idence of the performance of any proviil6ii of thils- gogfReti w@,Pt to tho extent ofentitlingthe contractor to the contract price therefor. Thy reotilfactor glWy-tc§ to pay for all labor and materials used or furnished to be used In the fliftkififf of impr-OVelliv-41tvid In th@ performance of this contract, whether done -or furnished for him, of 116 AffMij WiffMol Atitto-mor op *uh@ontractar ; and the city may reserve out of any, allowance made on fifty 4041144 Avff d tho- of I.. - assigns, or out. of the amount due hilft or his **sign# UPOR file 6MVJ#ti@fi 01 14 wbM §6 hw,1 at IRM - ctssary. to pay all laborers or materisi meat f4 smounto dvs WIN I& nf -fist w watt fl?A& a iarrished, to be used in the performance of this eMtroWt M4 $118 "Rg Of %10 VWfc; wad the, wli#ty.t;ta y _§t4rer, *ctiug as city treasurer, ma retain snoney olle-f0d ff@m lWopffly, %WlAff% ;k%fit%%td fJW *aid tl vcttxent to pay such debts or uutil the contractor shows ftt hw to remu all ru�)',' ish. eanh, and unused -material in the streets or sides thvre.48 �cm the completion of the i!ngrovement or the repairingthereof. The work of making sitth improvement shall be completed according to the terms of this contract an ov hnforethe----------------------- ---- I ---------- - -- ---------- — -- — -------- --day of --------------- - ---- - ------------ 19- ....... unless the timejor the completion of the sane shall be.extended in writing by the Board of Public WorIcs., And it is agreed that any such extension of. -time, or any alteration of this contract or of the manner or meth- . o4.of doing such work shall in noway affect1he duties, obligations or liabilities of the contractor or his sure - It is agreed that the contractor shall not assign this c,)i tract. or sub -let the work or any part- thereof to be done hereunder, without the writ,en consmt of the Board of Public Works. It is further agreed and stipulated that tl4e 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 to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And -upon the performance of all the terms and conditions of this contract, and things to be done and erfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- ectedand paid to said contractor in the manner fixed by the statute governing the making of such: improve, paents. Toeach of the conditions and stipulations of this contract, including all and singular the.orovi*ions and _tcrtns of the plans, profile, specifications and resolution aforesaid, the under*igne& binds himself or itself, and the T,,*-pective successor or ass`t-s of sti6ri.rnrtiec.. In Testimony Whereof, Wes the foregoing named parries, hereunto set our . bands this Sth. day of June 1923. WILLISTON CONSTRUCTION COMPANY CITY OF SOUTH BEND, INDIANA. BY E. A COATES BY L. B. SLAUGHTER President. Contractors, L. P. HARDY ALBERT F. HONER Its Board of Public Works. CONSTRUCTION BOND era me-r. by the presents. That we Imi11?ft1,00 00AMIMIG11-011 k0MR&W - of the County of State of-- Ind J&.24 ---- w as princi. pat, and IndomMit-Y of the County and State of 1101. Jelbs*y as sureties, are held and firmly bound to the City, of South Bend, Indiana, in the *sum o one902pi ' asand four biladr-O fiftY thr !&A z�ollarj 1($19453-00), for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our h&g, executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if th4o above, named Williston Construction Ce, 1---AbA &4Vhf04_y t6f�nply with the foregaug cmtmet, made and entered into dk Of ----------- ------- with the City of Southl Bend, Indianp and -shall aepording to the true intent aP_d'tqea�nng't:fi,c,:e6f� in all'r6pects, thoh thl� All' t I J� J;-'- to L. btwt -'is@ and virtue in law, In the eve.-: the said C .. 11 ha tot to be and remain in full force,an, ltv shall ha th is the completion of said work, such extension shall not in arty: vmy reka%e the fqnr-etla 6h ihit bore This shall be a construction bon(:L and the sureties'oft the wane Abhll n01 be held § 61d, 16t tho maintenance and repair of the improvement after 1has been acctpttd by� the h been .. k t aftilds A' t ko fftilfefnemts shall be, held responsible f6f 'the"fAitl �-tfl conipliante wit. all cbthef cfjii&%6* covere4'birior set the'contraet. 34 TuesdAy June l2th., i13"i iS 11 4 Se 1is this. _ ..a jyi "y FYI _ • i�.�a. ' By Wst. C+tl�te� rya sixt L. P-. HARDY Public Improvement Contract �►:f;[';[ AGREEMENT 0 Made and entere31nt6 'fahia. day, by and between r . Vm. H. 19urice qq y� /� St ® 2 Indiana of the County. • . • • • • • t • • . • • • -• • . • •8nd- State of . •., • • • • • +-. 0010.0 • • --• !'. **," •avers #+•'i1W`i # row (hereinafter referred to ae the ` 'Contractor"), and the City of SciAh Benda din t,he 001,nty of, St. Joseph, .and State of Indiana, by and through its Board of ftbli* Vorks (hereinafter referred Ito as the "City"), , under and by virtue of an Act of die Qe-Aeral Assembly of the State of Indiana, entitled "An Act Concerning M=ioiw pal Corporations, " approved March 6, 1905, and all amendatory and awplematal acts thereto.WitaesBoth. that, the eontractor covenants and agrees to place water taps en St. Peter. Sheet from Soria Street to Wayat Street, is' the City 6 Sath Bend, Iadiaaa at and for the following prices.:- 8- * ineh taps, 0n long side, I each........ s ....-.J26.50 ilk ineh taps on short side, eftek. • •'• .. • e • •.. 20.40 _tu to perform all work in the prosecution of said improvement under and according to the terms and coot- t;tions .of Improvement RmarAirtion No..-U:71-_, adopted by, the $oard of Public Works April 24,190 :rid the plans, profile and specificationsanors file =n the office of the Dettartmeristht.of �c works., which said eesolution, plans, profile acid specifications are made a part hereof as fully and effectually as if opied and ;et out herein at full length: "tie contra*ctorr further expressly covenants and agrees that in she prr�cution.of said work -aft er skill a.t d care i'1 be:�xercised; that he --411 properly 9r'_ ^, i p o`^ct all excavations and.daa,�r��iaces, ai and �tl use ' due and proper Precaution to prevent injury to -r_y person or property;4iiat to the event o1 any injury or daina.ge resulting from -the w or'-.- or resulting from any matter or thing connected therewith t r arising therefroin, to any person or property, he N-1- l oayapd -liquidate the same at bis own expense, and as- sume be, liability therefor; arcs in the event of any claim or claims being made or any action or actions being bra .lght against the city by reason or on account of or growing out of s;.id work or its construction. the. said contractor wilt at his own expense defend the same, an4 null pay any judgment recovered ,therein, and will in all respects- fullyindemnify and save harmless said city, its officers, agents or representatives from all cast, expellse,Vaymetit or, judgment recovered in connection vtrith such claim or claims, action or actions. And f Within ten. days I.fter any such action is begun, the city shall jiotify 4he contractor of the pendency thereof,. thin any ttdgment rendered against the city shall be conclusive against the contractor and against the suer on his tonstruuion bond, as to th- amount, liability and other rn2ttaj-s pertaining tl rget% - t#; �r#off its jn ft tom . et nofixed by the sps-6.1--a'_ions, wvu to sec -'re the w4intet!ancc �._a felia.t t + � 1�ffh 019AWO of Fablid Works a bond with sufficient surety thereon a4d it an AM -) It t . fix h t pt�t�F Anf fn d€�ing sucfi repair wor& the contractor and the surety on his gun ute® boaid'hA,4 F whir1 to tbg mpi@ 11901ty to the city and arty other person for any +njuxy or dainage to any pers:::n or C1 fy lit fbp � Antler tend to .the same extent as is fixed in the last preceding paragraph eovert.ag the 'co=x,:, la�ll�tit Ltd it io Mr -fiber agreed by and between said cart'=s that the acceptance of the work provided for in thla l `w of the payftiant thereof, shall not constitute a waiver on the part of the,city of any of the prow § + a of , N €"Imaet afar $hall it release said contractor or the sureties on his bond for the lrtithful-petfor fhttywf 116f 2411 the acceptance be prima facie evidence of the performance of any.provision of thl§ E t _F'=1rtr l it tp the extent of entitlingg the contractor to the contract price therefor, i113e At�`�1 tAr agreed to pay for all'tabor and materials used or furnished to be used In th@ masking of and 1n the -performance of this -contract, whether done or furnished for h1hi, or has agents . s lAfi he i, 9Ffs or Attbcantractar, and the city may reserve out of any allowance spade on any @st1 * Ili f�VOY pf assigns, or out of the amount due him or No stssfgns upon th@ tp1@ l-aq ,1M AAtt4't; a.% InAY -cessary to pay all laborers or material men fox sm unto dus thsM to wm* wMt4ah Awn` .�,r VArnished to be used'in the performance of this eoutt"t and f d� _: + t � . kh� �`t+i1F11_, U-&s.t;rtr, acting as city treasurer, inay retain motley Co;;e:$ed f€ 6'f3 P,\;i ��- F���Q y for %&A tw.4%v ttra to pay such debts or until the Contractor shows Ow M-V# hs� Tuesday June 12th., 1923. Continued,,, earth, an.. "mused material- in the stfec , oa, le completion of f-c :rnpraVem nt or tt:e repairing thereof. work of mak«ri ; 1"he sl7 h. improvement small be coniplet/ed at;cording to the tern- of thin coiltractr c�I c =ore the-.... -- ------ _--------------- _. _ .-_._-day of --------- ...._..___ ................. , 19.....,..... , 7aless the time for the completion of the sa, e shall be extended in wr ti g by the hoard of Public "Id it is age z-cd that any such exeter.-ion c ` tune, or any altera*ion of this contract or of the rnannei or rt;eO, o�! of doi ag such work §ball in no way affect the duties, obligations or liabilities of the contractor or his sw,, tic's It is agreed that the contractor shall not --,ssign this c .: Tract. or sub -let the work or any part thereof iu be done hereunder, withox�t the written, of 3oard { P ;irli� ���orks. It is further agreed, a* d stipulated that tr,,� c;-, , or shall g;,,e to residents of said city and cou;oy preference in the employ rn 1e(- SP C nmrformance of this contract, and, failing to do s«, shall forfeit to the city'the slim o r ,, to observe Chis, stipulation. And upon the perforrnanc, all the ter a«� of this tor; riot and things to be don,, and _,erformed by said contactor the said city agrees to cause the Qost ct doi_ : ,.:'s a'�-,.; to uct; � - nd paid to said contractor in the mar_:ier fixed by the statute governing the :;-, - Eoeach of the condgt.or mid stlptt!a' ors of" ri,S C ° :', 3Il 2' d Slim LilaY the j�YO:rlsltii '1 m,s of the pIar-s, profile, specificat.o.:; a,.d r. suluni­ In,Testimony Whereof, We, the foregoing named patties, hereunto set our hands this 12th. day of June 1923. -CITY OF+SOUTH-BEND, INDIANA. WM. H. BURKE BY L. B..SLAUGHTER PER H. Es' ROHEEN Contractor, Its Board of Public Works. Engineer reported on petitions for change in type' of material on Huey Street from Aspbaltle concrete to Brick. • This' petition contains the signatures of a majortiy of the resident, freeholders Sam* awarded to Williston Construction Company on Brick with asphalt, filler, Concerning the improvement, of the' roadway of Huey Street from Wash. Avenue to Linden Avenue,in pursuance to Resolution No.`1146' the petition of freeholders residing on said street is considered, and the report "of the City Engineer is reeeived and all evidence is 1weard, and the Board of Publid Works finds that said petitioners constitute a majority in number of the freeholders residing upon said street be be im- proved, that said improve ent be made with Brick on gravel base, with asphaa:ltic Filler the kind of pavement requested in said petition; and the City Engineer reports that Willi Williston Construction Company is the lowest and best, bddder for said pavement and the Board so finds, tkK%x and lets the contract for said improvement to his, and orders said improvement to be made with brick on gravel base with asphaltic filler and all, proceedings heretofore had in this matter are hereby confirmed and ratified. L. B. SLAUGHTER BOARD OF PUBLIC WORKS L. P. HARDY Attested:- ALBERT F. HONER Veromes C. Sweeney Clerk of -the Board. Dated this 12th, day of June _1923 91kx Contract awarded to Highways Improvement; Company for the Grade, curb and walk on Streets in Parker and Allen's Addition ant.....,.,. $11,897.20 Contract awarded to Highways Impt. Co, for Macadam Pavement on Tonti Avenue to Highways Improvement Company at ......................... 59172.80 Engineer reported on petition filed for change of type of material an Koseiuszko Street,, as follows:. This petition contains the signatures of a majority Of the resident freeholders. 8. J. Anderson, City Engineer. The awarding of the contract deferred until Wednesday June 13th., 1923 at 7:15 P.M. Building Commissioner reported as following on property on Sample Street on South Side of Sample between Lafayette and Prairie Avenue, said property to be taken for widening. Said report approved. 342 TLgsd&Y .une 12th., 1923, Continued. The tollowing claims were approved by the Board, The Herr & Herr Co. $2.18 McClave Printing Co. 7.50 A. E. Morris 2.00 News Times "Prtg. Co 40.50 The Tuttle Corp. 3.45 Gafill Oil Co. 22.50 Standard Oil Co. 349.65 South Bend Supply Co. 28.03 ` National Heating Co" 2-P70 South Bend Sprin Wagon & C. Co. 8110 L. A Lydick 1.40 Emulsifieid Asphalt, '145.20 ©'Btta. Varnish Co, 5.40 Sanders Egbert Co. 65.75 Pester pinion Tel. Co. •32 Hagedorn & Webster 36.09 Elgin Street $wegper Co. 730.47 John B. Haberle 9,00. d Shaffstall Battery Service Co. 4.50 Dan. R. Lsaga 10. 88 Staples Hildebrand Co. 7.56 Elliott & Elliott Co. 25.00 S€, Bend Boiler darks 123.00 W. R. Hinkle 1.40 Hagedorn & Webster 10.40 Peerless Press 50.00 G. E. Meyer & Son - 2.16 -The Herr & Herr Co. e 1.70 ' J. C. Lauber Co. 3.00 Ind & Mich.. Elee. Co. 13.54 Ind. & Michigan Elee. Co. 102.79 _ Ss. Bend Electric -Co. 37.57 National Heating Co. 55.60 News Times Prtg., Co. 7.65 Kanouss & Phillips 527.03 City Water Works 30 960.00 Atteote-d; - _ Clark ofthe Board. Presiden .