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HomeMy WebLinkAbout06/19/1923 Board of Public Works MinutesTuesday june1 ilqtlh.19232.-). e Y Board met in regular session at 0:00 A.aM: All members present. Mr. Prank J. Murray appeared rbefore the Board in regard to a pavement on Sancome Avenue. Board advised that a petition be filed for same. The Board. ordered that,the,salay,of Edmund LaFortune be increased from $100.00 per montri to $115.00 per, month. Mr..Wm. Henry City Electrician was authorized to secure services of another assistant for three months during the- summer at $100.00 per month &lid to hive said party furnish their own car and to be paid for up -keep at the same rate as others in the departmmeInt are. The matter of completing the Ewing Avenue sewer improvement contract was taken up with I. W. Staples as therriwas a complaint from the Reith nfi UUnStruction Uo. in regard to delay. on account of their paving contract on Ewi=fig Avenue. -I. W. Staples agreed to complete work immediately. Inspector recommend`ad that a light be placed on corner of Angella Avenue and St. Joseph Street and Angella Avenue and Foster Street, City Engineer took up matter of having the intersection of the Chicago, Lake. Shore & South Bend Ry. Co. loxxn taken.care of by the,that company .on account of pavement going in on Sadie and Huey Street. Clerk instructed to notify thgX'Chisago, Lake Shore and South Bend Railway Company that arrangements have been made to stop pavement at that portion of Huey and Sadie Street, thich is occupied by sa id'company`s tracks and request that said company arrange to take care of their ,racks with planking or other suitable material, which can be maintained in good order. Remonstrance received about condition of street under McHugh & Cole Contract in River Park. Board instructed Clerk to send McHugh & Cole Co. a letter ordering same be taken care of or no further estimates will be allowed. Contract for repair and maintenance of Adding Machine No. 681627 in the City Hail was approved by the Board at the sum of ...,.$9.40 per Year. + Complaint received from party by name of E. J. Gavit of 919 College Street in regard to the defective condition of the railroad crossing on College Street south of Lincoln Way which is impassable. Same referred to the Street Commissioner, for investigation. Partial estimates allowed as follows:- Partial estimate No. 1 for the grade, curb and walk improvement, on Fifteenth Street , Fourteenth Street, Thirteenth Street, Twelfth Street, Mall Street and Hastings Street allowed H. W. Reed & Sons at...........3179046.81 • Partial estimate No. 1 for the concrete pavement on the -alley rsest of Franklin.Street from Monroe Streetto Hoban & Roach at.......,.j1,753.55 Partial estimate No. 8 for the River Park Trunk sew r district No. 2 allowed to George Pontarelli at................$11,775,40 Partial estimate No. 1 for the concrete pavement on the alley west of William Street from Wayne Street to Division Street allowed to Hoban & Roach at ...........1,3.11 ' Rxxxxmi Contractors bond for the sum of One Thousand Dollars signed by Chauncey D. Overmeyer was approved by the Board. Communication received and Atty. Pettingill appeared'before the Board. 1-representing Mr. A. L. Brick of 745 W. Washington Avenue. 'Same referred to Inspector to investigate, Communication received from C. L. Millhouse in regard to hightension wires strung over street in vicinity of his office and factory. This meter investigated. Board instructed clerk to.notify Mr. Millhouse that the Board hasno ua mt*ty.Aoreovrect this condition. Would suggest that he might apply to the City Cduncil for an Ordinance that would cover this dangerous and very complicated condition. Chas. Cole and M. T. Calef appeared before the Board and presented Plat of North Shore Terrace to this City, which was approved by the City Planning Commission May 3rd.', 1923 signed by Wm. Happ, President, and approved June 5th., 1923 by Board of Park Commissioners by Richard Elbel, President, RCopy of dedication with North Shore Terrace ±First Addition, The attached Plat is a plat, of North Shore Terrace ist. Addition to b the City of South Bend, St, Joseph County, Indiana, and ins a plat of the follow- ing real estate, to -wit: - Beginning at the intersection of Iroquois St., and the Northerley bank of the S1j. Jo-seph River; thence Northerly along said line of Iroquois St. toy the North side of the alley north of Parkovash Ave., thence southwesterly along the westerly line of said alley to the Easterly lime of the alley East of Marquette Ave., thence Northwesterly along the Masterly line of said alley to a point in line with the Northerly line of Lot forty-eight, (4)B) North Shore Terrae- Addition; thence Southeasterly along the Norbherly line of said lot and said lot, produced to the Westerly line of Marquette Ave; thence Southerly along the West& ly line of Marquette Awe., tb the intersection of the Westerly line of Marquet& Ave., with the Northerly line of Parkovash Ave., and North.Shore Drive; thence South to the Northerly bank of the St. Joseph River; thence Southeasterly following the North Bank of the St. Joseph River to the West line of Iroquois 'St, to the place of beginning, The above plat contains forty-eight; lots numbered from one �.1) to forty-eight (48) inclusive. 'The size of the lots and width of the streets and alleys are marked in feet and decimals thereof.. The streets and alleys are hereby dedicated to the public for the use of the public as Public Thoroughfares THO S. W. SLICK W. A. SLICK SAM.LEEPER M In Witness whereof, the said Highways Improvement Company has caused its corporate name to be hereunto subscribed by the hand of its present and its corporate seal to be affixed and attached, by the hand of its Secretary on this 12� day of June 1923.,, , M. T. CALEF President. F. D. WHITE Attest:-.. Secretary State of Indiana ) St. Joseph County SS Befo-re me, the undersigned a Notary Public, in and for said County and State, personally appeared Sam. Leeper, Thomas.W, Slick, W. A, Slick and the Highways Improvement Company, by its President and Secretary and ack nowledged that they signed the foregoing instrument as such officers act and on behalf of said pprpprgjt1Qn, as the free and voluntary act of said Corporation , and also came M. T. Calef of said Highways Improvement Co, and aoknwoledged that he affixed the Corporate Seal.of said Corporation to the fore- going instrument and, &tt�i� Fite d the same with his signature a s the Vo lun_-,6'ry act of said Corporation, for the use and purpose therein expressed. In Witness ,. Whereof... 1. have hereunto set my hand and affixed my Notarial Seal on this 14th. day of June 1923. My Commission expires July 991925. EARL G. SEWSONNotary Public 4PPROVED ,. June 19,1923. BOARD OF PUBLIC WORKS BY L. B. SLAUGH ER President. The following waiver was filed and approved by the Board. WAlvE01Z.petihion and, I TO THE BOARD OF PUBLIC WORKS 1 SOUTH BEND, IND. VR�BR�t��rl�ci�cl�x�wl�cl�aan�ximd�tiaxt�dic� pax VVV�VVVX x x*41Axx�1���xx�xR� ��z� ,1 e the undarsig your of jkovash g our�pb le Body to i m r :— -- Ave nue , Marque tt,e Ave , from ID nq theisCity�' of Spout{� o a to nYe b P�oskou Avenue un r Im _ avement Resolution No. .'YaxdYa i�veued from .�r�h Shore Drive pa m®n as s iownos o§�EeO$l ►ns�; 9knhgk&22'&@AciLVANiUA les, deter rawrngs an specifications on file °n th dice �f1 �DQQMerft Fof �oVW*ksAve nue . AND WHEREAS, we the undersigned, are the only persons owning pro- erty on said street to be improved, and that he alone are affected in any Hsy by said proposed -P rovement. That we are the sole owners of the separate parcels of land bordering upon said street { iIDp proposed to Ke improved. bRE in consideration that said Board of Pubrlc Works proceed THEREFORE, to improve said _ North Shore D in? ��`om Tt�nn��nic Q� io Park,=— a,sh nue- Marquette Ave. from Iroquois St,. to Parkovash Ave, k Parkovash Avenue from Iroquois St,. to Parkovash Ave,, . a110 Kurth of, Par ova�h Ave�ig , Aa-imposed in sardkresolution, and for the further purpose of saving time and expense, we the un_ jhereby waive all objections on and in def s d t de is s ids ro a di 2 and ' tttton in rocedure fbr the construction of pavements as x�edcby Sec oon ��� of Buro s p Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We further waive any and all objections to 'the fact that no advertisement for hearing has bee published b law, and that no notices were mailed to the owners of property and that no earing was . :{ as requiredy v 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 nder said resolution, and that they shall receive bids from Bend, Indiana, of said work to be done u said contractors for doing of said work, 'and they shall let the contract for the doing of said work to the i 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 doing said work shall be assessed a- gainst*- the different parcels of real estate owend by us as provid-ecd�by ecticus 8710, 871 Ca- 8 711.E / 1`2 - _ 8713-8714-87.15-8716-8717-8718-8719-8720-8721; 8�29an '7 acts"and laws amendatory . thereof or We further pt,it�ion that the E .gineering work for these immpprove- s lemental thereto. menu be done b wm. a. Moore and Chas. W. Cole re is-,erod Pro-» f' sir a 1 E�n�n�aewre d the ire t,ion a d i c op�eratYr�''0 wig t,�wei-t n in er ?4 ° eQlra 4iot 'b eoa 4tRIV bl§�§trff � "no'lite tl !l .::g such Engineering ser"v, cesr, hearing -'upon the assessments made for said improvement. 4 Given under our hands on the day and year first above mentioned. -- E TITIT A _ST_TGV APPROVED THOAS. W. SLICK I JUN 1991923RIGMAYS IMPRnvEWNT CO. l OARD OF PUBLIC WORKS BY A,. T. CALEF Pres. BY L. B. SLAUGHTER President,, :RESOLUTION ORDERED. I 356' Tuesday June 19th.. 1923. Continued Appraisers report, .on streetsan.d alleys in Olivers and Raff's Addition reported by Ed. Neddo, J. C. Reynolds and Phillip, E. Bondurant, =avas filed and the Board added the sum of $300.00 and.eost, of` advertisin of $50.00 added make:-ag a to6t6l of $70555900. The same was approved aff referred to the City Engineer,for roll of awards df damages and assessments ON benefits. a 357-1 Estimated cost of Corby Street pavement from St, Louis Blvd, to South Bend Avenue filed at............ 229423.00 i Mr. R. R. Smith of the Chicago South bend & Northern Indiana Railway .Company appeared before the Board and presented the following contract which was approved, CONTRACT. THIS AGREEMENT, Made and entered into this 191h, day of June, 1923, by and between the City of South Bend, Indiana, by and through its "Board of Public Works, and the -Chicago, South Bend°& Northern Indiana Railway Company, a coproration duly created, organized and existing under the laws of the State 'of Indiana, WITNESSETH:- WHEREAS, Under resolution number`1174 of said Board of.Public Works said City is about to pave that portion of Marietta Street lying between Broadway and Indiana Avenue, all in the said City of South Bend, and, ' WHEREAS, the plans and specifications for said improvement contemplate the paving by 'said City of said portion of said Marietta Street from curb ld curb,.. including the space between the rails and tracks of a single and double track street railway line of said Railway Company on said portion of said street as well as the space outside thereof:- ' NOW, THEREFORE, IT IS AGREED between the parties hereto that in consideration of the construction (inituding the furnishing of material and labor) and the completion by said City of that porton of said pavement within and between the rails and tracks of said Company and the space one°foot in width adjacent to but outside of said track or tracks, accrdoing to theplans and specifications on file with, and adopted by, said Board of Public Works, said Railway Company hereby agrees to pay the -ost ( computed as hereinafter specified) of said portion of said pavement: within and between said rails and tracks and one foot outside thereof,.but if it expressly agreed between the parties that said Railway • Company shall be entitled to, and shall, pay said cost on the ten year installment plan on the same basis as the privilege of said installment plan is extended _to -property owners abutting upon the line of said improve- t, and. said City hereby agreed to take all such steps and do all such things as may be necessary to be done by it to enable said Railway Company to pay said ost in accordance with said installment plan. And it is also agreed between the parties hereto bat tue portio4 of the cost of said pakvement so to be paid by said Railway Company shall be computed on the same, proportionate basis upon which property owners abutting upon said improvement shall be ,assessed .fox said pavement, to the amount of which said portion of said cost so computed shall be added such additional cost, if any, of the pavement between said rails and tracks and for one foot outside thereof as aforesaid as may accrue in the constr uction*of said Pmvement because of the use of a paving material other and different tha_the paving material used in the improvement of the remainder of said portion of said . street, IN WITNESS WHEREOF, the parties have hereunto signed their Y=ames this 19+,n. day of June, iy23, , A"6test,:- Oren A, Small, secra Lai CITY OF SOUTH BEXD, INDIANA BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Board of Public Works CHICAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY, BY R. R. SMITH, 2nd. Vice -President, Bid o% #,no ,-ouvta Bend biiiluing Ourpurm ulun I'l ed One full.LuvVilig biu uri grauo, curb unu wtsik un California. Avenue from Lawndale Avenue to Sancome Avenue. Cement walk per sq. ft,,,,,,,,,,,,,4i,,,,,,,,,,,,,,$.17 Cement curb per lin ft............................ .39 Grading to sub grade, per cu. yd,,,,,,,,,,,,,,,,,, ,40 358,; Tuesday June 19th., 1923. - Continued.."._"-'-' Communication received from L.W. Hammond with Judgment of -Kovach and Kish Case approved May 9,1923 and clerk instructed to have certificate ,,prepared and referred to City Controller for pgt6ftt,;` ' The following complaint received from Samuel Rettingiil reported on by the Pole and Wire. Inspector as follows and said report, was approved. June 14,1923. Board 'of Public Works, South Bend, Indiana. Gentlemen: - .I am writing in behalf of, Mrs. A. L. Brick.4745 W. Washington Avenues who lived oppiste the intersection of Avenue. Chapin .Street with Washington About three yearsago, a car drive north on Chapin Street came up over the curb, over her lawn and clear upon her front porch, causing about $175.00 damage. Monday night she had a similar expenie.nce , but this time her bay window was knocked ft. What the damage will be this time to the houe and a small treet that was broken down on her lawn, I do not yet know. Both of these cars were operated icy men who were under the ftfluence of liquor, bit but is is very possible that a like accident might occur to a man who was sober but did not know the street turns. It is not only the question of damage to Mrs. Brick's property but damage to life, either people walking on the sidewalk being hurt by a car or occupants of a car themselves. t For this reason Mrs. Brick has asked me to plftition you to have a red light installed at this intersection, to warn people,coming.nprth on Chapin Street that this is a dead end. Please give this -your ea espt attentl attention. Very truly yours-, SAMITEL B. PETTINGILL To the Bard of Public Works, 6_19.1923. I beg to recommend there is many other corners in this City just such corners as Chapin and Washington. A red light would not stop the autos from running into the fence or yard. I recommend no light. T)Xos. H. Beaning. Engineer filed assessment roll -and final estimate for water connections on Carroll Street from Paris Street to Broadway, under Improvement Resolution No. 1141. In the City of South Bend, Indiana. Resolved that notices to the assessment bepublished 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 such assessments at its office in the City Hall on the llth. day of July 1923 at 7:15 P.M. . Resived further that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for concrete pavement on alley lytn.g between Woodward Avenue and Riverside Drive from Golden Avenue to Vassar Avenue, under Improvement Resolution No, 998. 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 192 r hC'-- South Bend Tribune and News Times, stating that this Board tW-11 . give a' hearing on the amounts of such assessments at its offiC a in.the City Hall on the llth. day of July 1923 at, 7:15 P.M. Resolved further that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for cement curb and grading on.Mumford Court from Dayton Street to Calvert Street, under Improvement Resolution No. 10'71. In the City of South Bend, Indiana. Resolved that notices to the assessments to be published on the 26th. a.ay of June 1923 and on the 5rd. ua,y of July t923 in tine Sout.d Bena News Times anct t Tribune , in said City,, stating that this Board will give a hearing on the amounts, of such assessments at its office in the City Hall on the 26th, day of June 1923 and on the 3rd day of July 1923. at 7:15 P.M. Resolved further, that the entire work under the above contract be accepted and approved i nd the final estimate thereon allowed. Petition received from sidewalk on west side of South 12th. Street from Pleasant Street to North Side Boulevard. Resolution ordered on same. Petition received for grade on Sampson Street from Bowman Street to Ewing Avenue, Resolution -ordered. Petition filed for sewer on Dayton Street from 1st, alley east of Clyde Street to.Vernon Street. Resolution ordered. Petition filed for pavement on Dayton Street from Leer Street to Vernon Street. Resolution ordered. The following contracts were approved: -PUBLIC IMPROVEMENT CONTRACT. This agreement, Made and entered into this 13t•h. day of June 1923 by and between The Highways Improvement Company of the Coul6ty of St. Joseph and State Hof Indiana (hereinafter referred to as the " Contractor"), and the City of South -Bend, in the County of St. Joseph, and State of Indiana, by and through its B and of R Public Works, (here inafterr-rei'e1qYe7d-to as' uh6 I-Gf-,Cy"), under and by virtue of an Act of .the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and" all amendatory and supplemental acts thereto:- Witnesseth that the contractor covenants and agrees to construct, grade curb and walk .oA Garland_ Street from South Bend Avenue to the south line of said Parker and Allen Addition; the west 1 of Harriet Street from South Bend Avenue to the south line of Parker and Alien's AJ. The south of South Bend Avenue from Harriet Street to Jacob Street in the Parker and Alien's Add. In the City of South Bend, Indiana at the follow ng prices:- 257..O.lin, ft. of curbing per lin ft..................... .50 10630 4q. ft. of cement walk per sq. ft.................. .�3 6050 cu. yds . of grading per cu. yd..................... 01.35 and toperform all work in the prosecution of said itnpravement under and according to the terms and CiGt . didOns of,Improvement Resolution No....jam adapted by the $oard of Public Works ;� T..� _In _1Z4 U ,1923 • and the plans, profile and specifications on file in the office of the Department of Public Works. WbiCh said resolution, plans, profile acid specifications are made a part hereof as fully and effectually as if .copied and 'set out herein at full length. The contractor further expressly covenants and a grees that in the prosecution of said, woric all proper skill and care �=rill be exercised, that he '1 p rop�r Ord a�-d p:•o+Act all excavations and dan Brous laces, and will use all due and proper precaution-tc prev2 * ir;ury ro :nv person or pso^2rty;,thaY i the event 0,, any -injury or damage resulting from the iN._,._, Qr res-l*t ;yfroi, a v *r ttre.r or th;ng connected there�vitl or arising therefrom, to any person or property, nt v- l! -av ar^ li t,;i'ate the same at ills own expense, and as- sume the liability therefor; and in the event of any claim or cla:r_is being rn_ide or any action or actions being brought against the city by reason or on accou,rt of or grot, i;ib of - of ;d �•; .or,.; or its construction, the said contractor will at$is own expense defend the same, and t-: iii 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 days after any such action is begun, the city shall notiiy the contractor of t ae pendency there,gf, then tiny judgment rendered against the city shall be conclusive against the contractor and against the surety on lns construction board, as to th- amourit, liability and other matters pertahiing thereto. And the contractor agrees io maintain said injpro-�er_,eiit a;_ �..� au: j. ,mil �� .ts the pperiod and in the manner as fixed by the specifications, and to secure the tniaintemuc-ia and re l�'thi , to file with the Board of Public Works a bond with sufficient surety thereon and, its an antc)utit as fixiA VY tl_ specifications. And in doing such repair work the contractor and the surety on his bond shotll b, subject to the same liability to the city and any other person for any injury or damage to nt,y pvr, , n or prop. erty in the same manner and to the same extent as is fixed in the last preceding paragraph vnN Bring the ouni- struction work. And it is further agreed by and between said rart':2s that the acceptance of the work provided for itt thtg contract, or the payment thereof, shall not constitute a waiver on the paft of tht City of atly of ilia pt ov sR ions of this contract, nor shall it release said contractor or the sureties on his bond for the fsi4hft@l parfcr,, ante thereof; nor shall the acceptance be prima facie evidence oi` 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 makitig of such improvement and in the performance of this contract, whether done or furnished for him, of hig Idea t, A9Sig11Ct, successor or -subcontractor; and the city may reserve out of any allowance made on atty estimAte _tin favor of the contractor- or h+G assigns, or out of the amount due him or his assigrts uptrrt jhe completion of the work, so much as may-cessary to pay all laborers or material men for stnounto dues 'thetit for work done or materials used or, furnished to be used in the Performance of this contract and the "ag of said work, and the county treasurer, acting as city treasurer, way retain money, collo.-Aed from property owners assessed for said improvement to pay such debts or uifiil �tar s�ltou+s t%Et they hive bier paid or satisfied the Cgntr b I-.e co.si a_ 0. agrees to reme- a all rtib'.3ish, eafth. and unused material in the streets or sides tlierwl ,vpoz'i'he completion of flie improvement or the repairing thereof: The worm of tnalring such ftnprovement shall be completed accoi�slng to tfie terti:s of this contract on av hsfare the---- --------- -- ------ - ---day of_- - --- -- .ituless the time for the completion of the sar-c shall -be extended in writing by the Board cif Public Works. And it is agreed that.ari-v such e u-.ntion of tivnt. or any alter ion of this-cntfact or of the manner or me.th- oa'of doing such work shall in no way affect the dixties, obligdtio:is or liabilities of the contractor+or his-sui•e- ties. > Y is agreed that the contractor small not nssign this ivar trart. or sub-tet the work or any part thereof to be done hereunder; withort the xitt_en o . _ t of the Board ^f P�:17F-- �Torizs. It is further agreed an,4 stipulated *hit ram= contractor shah gi,,e to residents of said city and coutify ►reference in the employm _nt of ill labor necessary in the performance of this contract. and failing to do so, ihall 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 b,- done and perfprnied by said contractor the said city agrees to cause tl e cost of doing such work to be assessed col-', ected at# paid tci said contractor in the manner fixed b ' the statute governing the snaking of such improve- saents. K fe eia& pf the oondhttons and stipulations of this. vpntract, including all and singular the provisions and ler.ws of .the }Mans, profile, specifiea.tians ard= oluti ntaforesaid, the undersigned binds himself or itself. and the iyopective successor or assivng of s;,-n In Testimony Whereof, We4i the foregoing named parties, here- >.�nto set our hands this l3th. day of June 1923. CITY OF SOUTH BEND, INDIANA. HIGHWAYS IMPROVEMENT CO. { BY L. B. SLAUGHTER BY M. T. CALEF, Pres, L. P. HARDY Contractor, ALBERT F. HONER i Its Board of Public Works. CON5TRUC7I.0N k301 ^< � 0 u--�n by tLe—see pr ts. That we .__, -- e of-;theCounty of-_,,.._._._ Eli.-, Io sei}h State of_ Tndia=_" grime ph2, and ._,. Southern surely .Company of Des Moines the County of s - `Polk __and !§#ate of IOw4 � as s&eties,-`are held and firmly bound to the vCity of South Bend, Indiana, in Cite steal of Five thousand - 41.aa unfired forly, eight; .----------_4--,--.�,,11ars t$ 5048,CQ, for the payment of :which, well and truly to be made, we jointly and severally hind ourselvesa our ficirs, executors, adminstrators and assign, firmly by these presents. The conditions of the obligation are such that if thei above- nam TIP- 1• I ghmsty'� Tmpr-WV&Men 1s__-Comps nyhall faithfully comply with the tnregoing contract.' made artd entered into the .. -_____- -- dap � of_-----_-------UVO... 192-..-- �..:.,..., - with the City oi'South Bend, Indiana, aiid shall fulfill a1P the conditions and stipulations therein contained, according to the true intent:and rneai.­ng th= 7..eof,, in all respe _ts, then this obligation to be void, otherwis- to be and remain in full force and virtue.in law. In the eve. the said City- shall extend the time forAhe completion of said work, such extension shall not in any way release the sureties an 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 ImIderesponeible for -the faith%1 co_npliance with all other conditi-)ns, stipulations and requireme-itts caoversd• lay or set out in the•cotatract,+ "'fTNESS our hands and seals this... ...... .. „--,,,,- t� - tie }923; .. ay ------- SOUS;gt�kETY__.t�q�p�y---- ...............C�:ly,�t,� T�--��flW#AYS- I�RE�i+�--€�; (SEAL)BY E. W. CURRY BY M. T. CALEF Pre s --------(SBAL) -,----------•-------- �.�..--------- - -- -- - . The above bond approved .this--__._-- In 41k-,,...... dad L.B.=SLAUGHTER L'.-. P:HARD .. WIN Tuesday June 19th., 1923. Continued, Public Tprovemod"h. -* Made amd entered 3a+ +E It . ` and betvteeA Highways Improvement Co,, . ,{, St. Joseph Indiana 0 Vfi1R Q f ltit#;�*#1,*.a.a•r.•ss.t Statg !!t}!6}6t00}}0#4#61G-44-46 6JVC61 Como lbAzeinafter referred to as the 'Contractor s► : a�wA tM City of 11dj%tJ1r .Cowxtq of St. Joseph, and State off Indian&, � � � �t� �e�r� � � o 11arks (hereinafter referred to as the GityI under and br virtue a a o rea Assembly off'the State of Indiana, entitled AnAd� Concerni T totw 0mtimle s s approved March 6, 3.903, a all tcry MU #1 5 11 ia" %"vets t Witnesseth , that the contractor covenants and agrees to construct water bound Macadam pave-ment--on-T-out.i Avenue from Lafayette Street to Iroquois Street, in the City of South Bend, Indiana at and for the fbllowing prices: - curbing per lin ft... cement walk per sq. ft................................ .20 2 new inlets each. 0..12,50 4 inlets reset, each ...............:................ 3.50 2 manholes curb sna d covers, reset each......000000 3.50 68 lin. ft. of 8" conduit pipe per lin ft,......,.. 1.00 44 lin. ft. of marginal curb per lin ft............ .50 696 cu. yds. of grading per cu. yd................. .80 3800 sq. yds. paving water bound macadam per sq. yd.1.60 ; Wd to pvhwm an work in the pwettfflan 4 UM improvement under and award* 40 at ism" 00`tea itioRsi rova5tneni2estsliifienfo. > >a.; adopted bg tl�eesard �fhlti®r.TIT". 41 Z -A 923 . ,and the plans,;.profile and spectf`icat4ons on_ fle *n the office of f'he Department @f pnh a tin . ivw e;t rV01ui!pn, plans, VnAle, and spedfirations we ode a part. hereof a t fully and �sctia& Rs al , top d an set ouf hereon .at full leligth. ° 'he. contractor further expresso +covenants and agrees that in the prosecution 6f Wd work all proper skill s414 case vftbe exercised; that he ,i;ll p*-o+)er'V „-'?r d p -o*,!ct all excavations and daCigeY us 01401 .and witl use all dtie;ard proper preca-.pion to +)revc., t ifttury ,t� .-ny, person or pro4 arty; that In flee evPitt y� and injury qr datria.ge.re�sulting from the w ; cr r- ai`_aM ; from a°.v * otter or thaat Ponn�P#rd therMtl at arisztigiherefromi o auyperson or iroperty, het tj rav .r.�. liC � late tlta OPmo at as own @ petlfl&, algid sitme'ghe lia. iiity therefor; and in the event of any claii r clalin, s b-leing tnaide of any stcli�ti �r stl>tlol s l lft hrough aag*.st: the city fir reason or on account of or growing out of iF ;d work! or its conk€ructlon, trio a,ql tDaatractor will at his ow1{r xpense defend the Same, and- Dili pad' any judgtncnt rcovcred th r lfl+ and- will 1 all respects fully indemnify d save harmless said city, its officers, agents or rearesentattim frofu tlf cost . expeiise,. payment or ifzdgment r=vered in connection with such claim or claims, acikm or a oil.. Raid within ten.days after any .sum action is -Segue, tci he ty aihall notify the contra o4ar of t1w pe;wenay €tgreof, hYa an y,iudgrnent rendered against the city shall be conclusive against the contractor attd.>sg��st t afiretj* on his'ep"tractioa:t tl,-a s to th" amaua 4 liability and other smatters pr rtsist *drew. ccmtractdLi4krees to mai. in said improvement and made "Ch Ma €s :ayfix isle 1he. saw as fumed by the specifications, and to $e d a fi �dad�a lid i 1iifli 1 the rd of Public Works a bond with sufficient sure, �re� sad 18 all RUMUt 11d��@d b th@ rifirAtionR. Astd in doing such repair work the contractor and'the surety em his �ual=al�te� ��lld 1h U@ act to the came liability to the city and any ot>:er'perasoa for an Injury ®1' dstlat to user pop= o€fy ht 'the same snifter anti to the same extent ass is fixed in the 1 t preceding pattigraph coverit the a�n= structio! work, And it is further agreed by, and between said rar ies that the acceptance of the work Vtovided fet Ili e®ntract, or the. payment thereof, shall not constitute a waiver on the part of the !arty of any. of the ptaidi= Wis of thls contract., Heir shall it -release said contractor or the sureties an his bond fof the faithful pefiafffi= duce thereof ; .tsar shall the acceptance be'prima facie evidence of the performance of r@yWdtt ei f ito contract, except to the extt-nt of entitling the contractor to the contract price ther#16t, .The contractor awes to pay for all labor and materials used or furnished to b 144..ift the RiAlfilf of atuch improvement and in the performance of this contract, whethsr do'he or iarttfb ed tof hi # dt. NO aphti &ss}gxfce, suceesw or subcontractor; and the city may reserve Out of a�tsy swilowatite ff on SAW etu in favor of the contractor or b.= assigns, or out of the amount daze; him or bit vp6a the eotttplatiou of the work, so must, as ma3 ccssary to pay all laborers or *mtsriaar 14t# W *tt16ijtttt# dti@ td: i6f wok dons or lsiaotexiRf3 Used or turmshed to be used in the Wformame of Wo e*Mratd said th# doing of Mid work,. and the county treasurer, acting as city treasurer, Vaal retain 106"Vy la•;tVA iron! property awaers assessed for said improvement to gay such L&bts err until 1we eonttra"61 ihow# that alley hiv# beer, paid or satisfied 1:�e co..t_a' .c,: ag ecs to remo- all rla5ash. earth. and unused wateria+l in the stree%$ of sides thct°cut upon the completion of the -improvement. or tlyc repairing thereof. The work of making such improvement shall be completed according to the terms of this contract CM of beforethe----------------------------------- — -------------- --._ day of ................ .............. ....... _........ ........ ....... ........._.... 19... ...... " unless the time for the completion of the sar-e shall be extended in writ!^g by the Board of public Works. And it is agreed that any such eaten -ion of time. or any alteration 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 coo tract. or sub -let the work or any part thereof to be done hereunder, without the writ'en con --nt of the Board of P-obiic Works. It is further agreed and- stipulated that tl*e contractor shall give to residents of said city and county preference in the employment of all tabor necessary in the performance of this contract, and failing to do so, .shall forfeit to the city the sum of ten dollars for eaclr 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 roritractor the said city agrees to cause the cost of doing such work to be assessed, col- lected anfil paid to satrl contractor in the manner fixed by the statute governing the making of such improve- ments. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms_.of the plans, profile, specifications and resolution aforesaid; the undersigned bind's himself or itself, and the, To pective successor or assi�zrs or sr.ch.r;artipc 362 In Tes1dmdny'Wh 're6f , We, the set -our hands this 15th. day of June,,1923. CITY OF SOUTH BEND,, INMANA. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works foregoing h%mpd partiest hereunto HIGHWAYS IMPROVEMENT CO. *Y M. T. CALEF President. CONRRACTOR COMTRUCTION BOND t 011 b a y dw-z*'pcesenh6, That we�_____ ugb=ys Im2roxam2w, w of the County of Q 4 S4te of. Tnd I x4na w as prinei-. pa� and 8030"har, y compally, Of the county State' of__----- I -OUR as suretI4, aie held and firmly bound to the City -of South Bend, Indiana, in the sum of_ ---- SiX ($2t586.00). for a p4, at it, of which, welt and truly to he made, we jointly and severally bind ourselves, our heirs., exec4itor, i ;t mihstrators and *signg, firmly.by these presents. `The n.e tions of the obji,&ation, are such that if they above named-_ Imp r ove Mont Co faithfully comply with the foreigoLng cofitrag%i made and enters dinfo 'thj. 17 th•a ... f* June 192 a ,;r, 6 --- I --------- ---- . . ........... Z_ :3 ....... with the Chy ®f Sourtli,B .......11 , Anti-sliftll f1t1flIf all t1fe-cUftditions and stipulations therein contained, according to tie ARM inotant -atid - mea,img th-eof, in all resp,7ts, then this obligation to be void, otherwise to be and rprnai,­ jtj fll�l. fptcp ;ad virtue in I aw. In the eve:. the said City shall extend the titne for the corn I@tt*on oi said work - such e tension shall not in a-1y way release the ;%- I sureties on this bond. This shall V i lc6nstru;.elon bond, anct- the sure -ies on the same shall not be_Ihild responsible for the M9dutefiftnet and tdph?r'oT Ille ihfpfc;vhrhAnt aftbr it has been accepted by the -secof(d such sureties shell be held responsible for the fait'-ful compliance with all other conditions, stipulationsirc - eow.red by or set out in the contm.�t. requi metits WITNESS our hands and seals thit ............ 131.7u. ........ ddy of.—7itt. -z!:tz!J .92 SUTHERN SURETY COMPANY �YE. V _...... CUP...................... . .. .... .... f SEAL) THE.HIGHWAYS IMPROVE7MENT C �r i e7- t;� A-t-Uo-rnay --- 441 --- AL) t. The above bond approved this.... j QJ,h ATTrl HTEUR L. P. RARDY ALBER Board. of Pubric Wor% Attest I Clerk of Board.