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Home My WebLink About07/17/1923 Board of Public Works Minutes430, aday July 1Qth., 4923, . Board met in regular SoVeion at 9:90 A.M. All. members present. Mr. R. R. Smith Mgr. of the Chi o *- South Bend & Northern Indians Railway _Company appoaEred before the Boa and pre3ented agreement Per the runni of -.busses on certain streets i the n h City, AR ENT. This agreement -us" jmd centered into this 17th. day or Jule 1923. by ,and between the City wf SamA Send. Indiana, by and thr6ug`h_f1p. Ord of Public Works, Jero- er` a ine first party, and the Chick e mouth Bend'*nd Northern Indiana Rail v -Company,, a ®rp®'ration duly erase o ti -And organized under the laws of tto ;state of Indiaba, hereinafter called the second party. WITNESSETH: THAT CONSENT, PERMISSION AND AUTHORITY are hereby grunted and giwan by the first party to and vested in the second party, its s c suesesacys and assigns,,subject to and upon the conditions hereinafter spieid' speeifi-aeet, to operate vehicles, commonly known as noter busses, for the purpose of carrying passengers, for a period of ten-(10) years from date of this agreement, ever the following rbuU in the City of South Bend. Starting from the corner of Washington and:Main Streets, i+hease south on Main :Street to Wayne Street►;tst on Wayne Street to Lafayeta Street; south on Lafayette Street to Breast', east on Broadway to .Main Streu south on Main Street to Indiana Avenue; *at,: on Indiana Avenue to Fellows Street; south on Fellows Street tvo Ewing Attie; east on Ewing Avenue to Erskine Blvd; south'on Erskine Blvd._ Irview Street; west on Fairview Street to Rush Street; north•on Ruch Street, to -.Victoria. Street; east on Victoria Street to;ErskIne Blvd., returning -over the same route to Lafayette and Wayne Streets; thenee nortlipn Lafayette Street to Washington Avenue; theneeveast on Washington Avenue to the starting*pdtAL. The said second party agrees to operate its said vehicles ever said streets in accordance with a regular ttme'sehedule, adeQuate to -the convenience and necessity of the- inhabit,ants'ef said City. The said pdirst party agrees Ant to enter into a similar contract, granting a similar right to any other applicant, covering the.same streets, unless such applicant first files with the Board of Public Works of said City, a verified statement to the effect that public ineonvenienee and necessity require the granting of such sesad right, and which statement shall be signed by a sufficient nm ber of residents along the streets over which application is made, to show=sueh public neeessity,:providing that;if such statment is filed, grating of such contract shall reset in the discretin of the said Board of Public Works, AND WHEREAS the public.de-sires the service along the route hereinbefore specified* and said second party desires to render the service if it - is practiesbhe.to givo y but neither pa hereto now knows whether such is eon be pratotleally_ ,ftd.. profs%bly rendered,t►horeFore - it is expressly agreed that said second party -shall have the right. to 0e1 this contract at any time within a period of two years- from the effectige date thereof,.by giving three months notice in writing to the said firav party through its Board of Public Works . IT IS FURTHER AGREED by and between -the parties hereto that in the event that the rouge hereinbefore specified does not serve the best interests of the Traveling public, then the City, through its.Board at Public Works shall have the- authority to grant minter changes is the. rout► OR pe t►ition of the Railway Company,, which shall show the necessity for such change. THIS CONTRACT -shall be in full force and effe'et from and after its approval and _confirmation by Ordinance passed by the Common Council, and approved by the mayor of said City. IN WITNESS WHEREOF, the first party has hereunto caused Its name to be signed by the members pf the Board of Pubi,ie Works of the City of South Bend, and the said second party -has caused its name to be signed and its corporate seal, to be ,affixed by Raymond E. Smithm its Vic+# President, and Oren A. Snag, ,, it Secretary, duly authorized thereto the day and year first above written. BROARD OF PUBLIC WORKS OF .B�� INDIANA. 43i Atteal,:- . L. B. SLAUGHTER L, P._HARDY ALBERT F. HONER. fJ CHICAGO',SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY BY RAYMOND R. SMITH, Vies. Pros. Oren A. Small Secretary. ° (SEAL) ARA,,be it resolved, by the said _Boari of Public Works that Thursday August 9th., 1923 at 7.15 P.M. at the office of the said Board of Public Works ofB©uth Bextd, Indiana,.;be F4"d its the, time and place when and where this contract shah be !'iaslly considered and a public hearing thereonshall be had, and at which time pretests against any or all of the provisions of said contract shall be heard'and eeasidered, and that notice of the time and placeofsuch hearing shall be given as required'by law. Bids were received opened and read on the foll®wing: Sub -Trunk sewer on Chalfant Street. Bid of H. L. Wesbter 20 inch sewer per lin.ft.. $4.00 8 inch. sewer per lin ft. 1.00 6 inch sewer per lin ft, 1.10 Manholes per ft. 6450 Manholes, curbs and covers, each 20,00 Storm waiver inlets, each 10.00 Retaining wall complete 2 P's 8 inch y's each 40,00 Cheek $153.00 Pipe sewer on Cherry Street Bid of Hoban & Reach. 10 inch sewer per lin ft. $2.50 8 inch sewer per lin ft. .60 6 inch sewer per lin ft, 1.00 Manholes per ft. 7.00 Manholes curbs and covers, each 18,00 Storm water inlets, each 13.00 PAVING OF ALLEY EAST OF ST. JOSEPH STREET. 3 Bid of Hoban & Reach. Grading per cu. yd. $1.50 7 inch concrete per sq. yd. 2.75 8 inch conduit pipe per lin ft. 1.00 Resetting inlets, each 3.00 Resetting manhole covers, each 3.00 s . Bids were referred to the City Engineer for tabulation to be reported on Wednesday July 18th., 1923. at 7015 P.M. Attorney A. G.-Grahaz and Mr. Cushing appeared before the Board in regard is erection of building along Southeast corner of &Iishigan Street and Colfax Avenue. Discsused matter of changing street rade to conform to building line. The Beard after due consideration recommends& that �uildingconforn to street grade. Miss Jessisan Pond of the Fabris.Rsll Protestor Company appeared before the Beard and complained of the condition of the Vandalia Railroad eeessing at Calvert Street. Board insLrusted Clerk is have Company notified to plank Calvert Street crossing. This being the date set for the awarding of the contracts on the Brokfield.Strest and Marietta Street pavements, same deferred until Wednesday July 18th., 1923 at 7215 P.M. Im - - and waiters - - the Board and presented p4tiVi®us for grade, curb andyalk on follw :ug streets which were approved ordersd on same. PETTMN AND WAIWR South Bend, That, a 2301923 TO THE HONRABLV BOARD OP PUBiIC -TORKS OF 1THE CITY OF SOUTH BEND, INDIANA. ' C�nf��.emenz- 3 e ,hs u�tde•rs gned proper avers , pe ,it1on your honorable . Body t o I'rov - cKinley Ave. and LA Sal -e Avenue and ; P'ax Avenue from East side or Sunnyside Manor to Greenlawh "Avenues and Wttrshixgt6a Avenue from the r BasL side of Suunyside Manor to Esther St.. bpy the eau-sl rueti•w of grade. curls T EREFORE in cons d ati at id Boar of p blic Works roceed to improve said sKJJ1 ey Avenue and ' X eve. tlm Co r-ax Ave �Prem the east s1d.e eP ►side Manor. :,+� Gret3xl awn Avenue Viand Colfax Avem�e _ Ltd _esho_.Ave. , i"2►om es t e ile ®' ama s dei loner �._ et ties reei, b8 ®ffis4rna ion. o .grade,: sorb alYs' . - -- ........................ - ... �. diiL as "proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections on and in defense to any defect in said;proceed- ings, and to any violation in procedure for the construction of pavements as fixed by Section 871-0 of Burn's 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 been published as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for doing said work in the following manner: That th)ey shall notify by mail responsible contractors in the City of South Bend, Indi- ana, of said wbrk to be done under said resolution, and that they shall receive bids from said con- tractors for doing of said work and they shall let the contract for the doing of the said work to -,.the lowest responsible bidder. And we waive any objection to the action of said Board in let- ting said contract in a form and manner other than provided by law. We further consent that the cost of doing said work shall be assessed against the differ- ent parcels of real estate owned by us as provided by Sections 8710, 8710a, 8711, 8712, 8713, ° 8714, 8715, 8716, 8717, 8718, 8719, 8720, 8721, and all acts and laws amendatory thereof or sup- plemental thereto. We further agree that notice given by mail shall be sufficient notice of the hearing upon the assessment made for said improvement. Given under our hands on the day and year first above mentioned. T S08MF'EhTZ LOVELEY CO._ _ - h..........................................- EDWA9 A. LOVELEY ViciPiis. ------------------HAER s----------- "UK J. ANDREBON j - - ------------------------------------ ------------------------------------- -- -------------------------._....-------- Approved subject to petitioners assuring all cost for all inter- - - - .. -------------- swst-toxs-.-------- -- d'Pi�E}VEIt - � - 1 192 • 7� 3� � .----------------------------------------------------- -4------------- -,- ----------------------------------------------3Y:L._...=-S�,AUBHR j......... ...... ........ President. ETT To the Honorable Board ®fPPulaiieN�4orksWAIVER 1: of t a City of South Bend, Isdiana. South Bend, Ind. May 23,1923, Gent, emeaLp We the undersigned property owners, petition your honorable body to improve:. Esther St from Jefferson Blvd. to McKinley Ave, by the construction of grade, curb and walk and: pavement, THEREFORE i eonsi er On t o 1 r e i Esther Street°-, 'r®n eL or 4g 1 & .�' f:.gr&de_}_:etaxh a......................... walk and psvemeni,t' ................................................................................... f. ........... ----•------------------------------------------------------ - - ...--- as proposed in said resotution, an4 for the further purpose of saving time and expense, we, the undersigned, g , do hereby waive all objections on and in, defense to an defect in said proceed- ings, t Y p I ings,and to any violation in procedure for the construction of pavements as fixed by Section 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We further waive aray and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for doing said work in the following manner: That they shall notify by mail responsible contractors in the City of South Bend, Indi- ana, of said work to be done under said resolution, and that they shall receive bids from said con- tractors for doing of said work and they shall let the contract for the doing of the said work to the lowest responsible bidder. And we waive any objection to the action of 'said Board in let- ting said contract in a form and manner other than provided by law. We further consent that the cost of doing said .work shall be assessed against the dill- ent parcels of real estate owned by us as provided by Sections 8710, 8710a, 8711, 8712, 8713, 8714, 8715, 8716, 8717, 8718, 8719, 8720, 8721, and all acts and laws amendatory thereof or sup- plemental -thereto. We further agree that notice given by mail shall be sufficient notice of the hearing upon the assessment made for said improvement. Given under our hands on the day and year first above mentioned. ------------ THE STORMPELTB �-LOVELEY Co FDWARD-'A: --UOVELEY--------------- ---------------------------- -------------- Vice press -- ------------HARRY A. STO�F�iiL---------- -�• ------------------------------------------.- rasa. FRANK J�;.. ANDERSON -._.....--••- ---------------------------------------- ----- -- - .- ------- - ------ -- ----- - ----- - -- - .................... ............................ APPROVED sub ject to petitions as a at2i costs sqf all uep Q r ©» y BY h= n:1! - Awc?ai,iaa ordered. Petitions filed by Atty. Hambbrski. Resolutions ordered as follows Sewer on Glenn Street from Prairie Avenue toWest Ewing Avenue. Grade, curb and walk on Dorothy Street from Prairie Avenue to West Ewing Avenue. Sewer on Dorothy Street from Prairie Avenue to West. Ewing Ave. Grade, curb and walk on Magyar. Ct. from South Brookfield Street to the lot. alley west of South Brookfield Street.! Sewer on Maggyar Court from South Brookfield Street to 1st, alley crest of South Brookfield Street@ Grade, curb and walk can GJ Sheet; from Prairie Avenue t4 West Ewing Avenue. ppT Are light ordered placed on the north side of Broadway at the ntets4etion of Lebanon Street. Clainabout, a gaire at the corner of Monroe St eet and ^cllows Street, dangerous to vehicles to pass.. Inspector reports and recommends that this pole belongs to the Indiana Bela. To. Co and ordered same removed this : is underground piles algid should be - reme ve d. Complaint about -pile out in street at the corner of Mimai ` Street and..Indiana Avenue. Inspector reports this is a `street ear'.s®mpany pole 4%d1,*s used Eby the City, _ also for pole and .rigs alaras, This p`le _Rhould be reset tot,he w©st inside of the curb. v Inspector reports an poles . Indiana Bell. To. Co, has a pole at 1st. alley east of L. W. Fast on the south side of Bronson Street, This pole should be roast to east about `3 feet at once; The Indiana & Michigan Electric Company has a pole at the first alley east of Lincoln Way East an the north side of Bresan Street reset this pole tothe West about 6 feet also remove entirely a guy stub and .guywire on the south side of Bronson Street, about 30 feet east of L: W. East: The following bonds and contrasts were approv*d:.. Public Improvement Cantx�c rr�"l F r r'- and entered into '3a. 17th,-- between by and y� '—�.�.�--r��•.�.,.>..:...� ��rs-e �. a �, .:..�.�•s _ b nsinvtli •;'�;-,rx�r•..s _: d or the Ciounty-• •-..•.- <SIO# 041e80ph ...... and State of........Iad�amerr • •"•`•'� •_•�-•,•T�'� • �• •r. (hereinafter referred to as the ` Contractors 0), and the City of South Bend, in the;:Lountyt `of St. Joseph, and State of Indiana, by and through its Board of public Works (hereinafter referred to as the 'I City") , under and by virtue of an Act of the Gener*l Assembly of the State of Indiana, entitled ` `An Act Concerning-Mun3giw p :ZJorpa►ratianss_" approved March 6,.-1905, and all aniendatazy and Dupplemental to thereto_ Witnesseth, that the contractor covenaniArund agrees to constn eenI.Straet ,water..eenneetions on •Altgeldt Street from Michigan .Street to Erskine Street in the City of South Bend, Indiana at and for the following prices:- 42 taps on long side each $35.00 44 asps .an sb&rt side, each 25.00 and to perform all work in the prosecution ofem - said imwovent under and according to the, terms aril cou.. ditions of Improvement Itesofution No. adopted by tAe Board of Public �iVprks..... ,1923. and- the plans, profile and specifics "one on a in office of the Department of Public Works, vuhic Sal tesolutiori, clans, profile and 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 agrees that in the prosecution of said work all: proper Skill`andcare -,--Hibe exercised; th�"vfe vv,11 r:-onAr'.,r - �r crd p-'o`�ct all excavations and dangerous places, Vnd �.;ril.l use all due and properf precaution tc prev� it inju-v to .r.y person or pre^arty; that in +he event 121, any injury or damage resulting from the Ivor'- or resultirg"from a.'-?v matter or tbingg connected thereM4 of arising therefrom, to any person qr property, he. will pav aw! liquidate the same at b.is 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 said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein. and will is all i4espects frilly 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, actiotr or actions: nc1 within ten days after any such action is begun, the city "shall notify the contractor of the pendency thereof,; than any judgment ,rendered against the city shall be conclusive against the contractor and against t�#e surety. on his-corstructioxi bond, as to the amount, liability and, pertaining thereto. 43 S C1 l k iiaC cwi cractor agrees 6 I .ai;,tain saiii 3 -i- is a- I;.uc.t su1!i rtpairs as rear' 1 he period d in the manner as fixed by the specifications, and to secure the maintenance ar.d repair. Cher,::. to ble with -the. Board of Public. Works a bond With sufficient surety thereon and in an amount as fixed by th 60ecificatioris. And in doing such repair work the contractor and the .surety on his guarantee bond shall be subject to the same jiability to the city and any other person for any injury br_damage to any person 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. A - it is further agreed by and between said part-s that the acceptance of the work provided for in this 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 ccntractor or the sureties on his bond for the faithful. perform- ance thereof; nor shall the acceptance be prinia facie evidence of the performance of any provision of this <Vontract, except to the extent of entitling the contractorto 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, asaignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or 1--i, assigns, or out of the amount due -him or his assigns upon the completion of the work, so roucl, as ma_, cessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and the doing of . sand wort., ar;d trie county trcazwrer, acting as city treasurer, inay retain money eolle:ted from property ovvhers assessed for said improvement to pay such debts or until the contractor shows that they have been m-iid -r smisfied e cot., -a .Y . 4 ;ees to remo- a all rub'D sh. earth., and unused material in the streets or sides the.ro!i upon the complefion of the improVem_.Tt or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract on or beforethe ----------------------------------------------------------- ------------------ day of --------------- ---------_ ------ ----- - _...__...... _..._; 19.........., unless the time for the completion of the sar-e shall be extended 'in writing by the Board of Public 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 work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It. is, agreed that the contractor shall not assign this (,;, tract, or sub -let the work or any part thereof to be done he without the •..,rit- er. o -ir of the Board ;of Public Works. It is further agreed and stipula~ed thlit contractor shall give to residents of said city and county preference in the employment of q11 labor nec-ssary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failtire to observe this stipulation. And upon the performance of all the ternis 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, col- lected and paid to said 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 prwvisions and terms of the plans, profile, specifications and resolution aforesaid, the- undersigned binds . himself or itself. and the respective successor or ass. .-.s of s_i 'In Testimony Whereof, We, the foregoing named parties, hereunto set our bands this 17th. day of July 1923, CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works, WM. H. BURKE Per H. E. Goheen CanLrac tor. Public Improvement Contract TM8 AGREEMENT, bade and entered into this.-. �,� � 7tih' - - day, _.�....,.,. 19._01AL.-91 by and betweexl WILLIAM H.. BURKE or the Vo ntY....6-4 RIOs.T4i��... .•...d St�te o1... .......... ;(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 Board of Publ.ie Works (hereinafter referred to as the ' I City") , under and by virtue of an Act of the General Assembly of the State of Indiana, entitled ` `An Act Concern.ingMunici.. pal Corporations," approved March 6,-1905., and all amendatory and supplemental &0+48 thereto Witnesseth, that the contractor covenants and agrees to construct water aonneetions-on Huey Street from Washington Ave. to Linden Avenue, in the City of South Bend, Indiana at and for the following pricess.. 3 taps On long side, each 922050 2 taps on short side, each 18.50 **jin", Jul y Wi: 1%)3, Capp lnut*� .. and too perform all work in the prosecution-of.said lmxWovement under and according to the terms wA eon, ditioils,of Improvement Resollition No. __A&pte-4-bV-the Soafd of Public .Works.-Ntz and the plaits`, profile and specifications cations cafVe in The bffite Of -the' Department of Public Works, %+Pr;W3 ,T&61ution, plans, ,}profile and specifications are `made -a part hereof as fully and effectually as if copied and set'out herein at full length. 'he contractor further expresslyA covenants and agrees that in the prosecfutiqn of said work 11' proper 1-71 T_ 09—all excavations and dangerous places, sill 64d d%re-i'll be exercised�; th�,t he - Oid use all due and proper precq.,.ition tc inju"y +i -.rvlperson, or th in at. th PM-�-v; eevent (?j I att,y irijury or damage resu!ting from the v' _r r.'I 5'�-V t--4tter or thin- ;onnnctpd therewitft ;r wising therefrom,to any person or property, ht;v-111�ay ar-4 liql,id-ate the ssine at �is own expense, and as- sume 'the liability therefor and in the event of qii-y 1.a or claims being made or any action or actions being g brought against the city by reason or on account of or growing out of s�.Id-worlc orits cons'iruction, the said- tontmrtor' will at his own expense defend the saihe. and will pay any judgment recovered therein, and will in all ftipects indemnify an d L nd save harmless said city, its officers, agents or representatives from all cost,. aacpense, payment or judgment recovered in. connection with such claim -or claims, action or actions. And if nin tin days after any such action is begun, the 4ity shall notify the zontractor �f- the pendency thereof,. then any judgment rendered against the city, shall be conclusive against the -contractor and agafint the surety on his. construction bond, as, to th- amount, liability -and other matters pertaiiihw thereto. ?.nck the Cor-raagrees grces'Lc Ina'. min said iuiprovizient ar.d iiia.kesuch repair,-; as may be n4cessaij, f er) maintenance and repair ther-epki "ad ofid In the manner as fixed by. the specibcations, an to secure the ma ifle, p to lite with the Board of Public Woiks it bond with sufficient surety thereon and in an amount to fixod b7 the #per 1fications, And in doing such repair work the contractor and the surety on his guarantee bond shall N� ltltjset to t1he satne liability to the city and any other person for any injury or damage to, any person or PrOP% all In the same manner and to the same extent as is fixed in the last preceding paragraph coveriug the con, struction work, work h And It Is, further agreed by and between said rarfzs that the acceptance of rk provided for In t 11 vantmet, or the payment thereof, shall not constitute a waiver on the part of the city of any of the proVis- 1prip of this contract, nor shall it release said contractor or the sureties on his bond for the faithful. perfartu- finve thereof; not, shall the acceptance be prima facie evidence of the perforthance of any provision of thli coni rail, 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 ninkifig of auoh improvement and in the performance of this contract, whether done or furnished for him, or his agetitt asirurnee, successor or subcontractor; and the city may reserve out of any allowance made on any estlilate In fivor of the contractor or I— assigns, or out of the amount due him or his assig= upon the complatioll of the -,vork, so Truch as mai -cessary to pay all laborers or. snateriai men for itmounts due them for voik done or materials used or furnished to be used in the performance of this contract and the doing of sadd woriz, and the county treasurer, acting as city treasurer, inaf retain money tolle-.ted from property owners assesstd for said improvement to pay such debts or until the contractor th-ows, that they havo beer' paid t)r satisfied '.. 4,61 co.:: �4 -e--s to remo- � all-ru b'.):sh. earth, and unused material in the streets, or aides, r 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 of beforethe--------------------------------------------------------------- --- _.dav — ----- . ........... . .... 19.........., unless the time for the completion of*the sane shall be extendedinwriting by the Board of Public Works. And it is agreed that any such extension of time. or anv alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, of ligations or liabilities of the contractor or his sure- ties. 'the work or any part thereof to It is agreed that the contractor shall not assign this r-, *tact. or sub-let be done hereunder, withovt the v;rit-en cons - _nt I of the Board of Public Works. It is further agreed and stipulated that 1-142 contractor shall give to residents of said city and county preference in the employmc-nt of all labor necessary iji the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failtire to observe this stipulation. And upon the performance of all the terms and conditions of this contract. and things to be done and rerfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col cted and paid to said contractor in the manner fixed by the statute governing the making'of such improve-. zacnts. To each of the conditions and stipulations of this contract, including all and singular the pia4isions and terms of the plans, profile, specifications and resolution aforesaid, the undergigiled binds himself or itself, and the re.,Rpettive successor or ass:_-:-_s of such nart-,es. . IN TESTIMONY WHEREOF, We,, the fer*gelag numd parties, hereunt, unto set our hands this 17tk. 4ay of July 1923. 'WM, EURKECITY OF.SOUTH 9END* INDIM. Per HH. . . Gebeen BY-L. -R. SLAUGHTER Le P. HARDContraoter, Y ALBERT P. HONER Its Board of Publie-Vorks Public Improvement Contract *17 Tr: fills mw==24 ea - It by and betweSA r roterred to as e f `Contractor") 4 and State- 0f.*4W'**V1#r#'*j4#X-*M-W �wrwvtwwrrl vh� a. . ilk"Molp and tho CIPW Of 60011 ft' at fit, Joseph, and State of Iudianaq, by and tbValup its 99*14 of I '9 r referred to as the " City) 9, Tmd r and br Vim I.% %ftbly of the State of Indi and.,entitled " A39 Ut &wen=t* approved Mareh 6 9, 1905, and all SWn"USY 437; .3l . - ` I Q23 _ C�rtLi nue � - Witnesseth, that the eontractor covenants and agrees to construct water connections on ,Koscius`>gko Street from Division Street to .Ford St eet, in the City of -South Bend, Indiana at'and fob the following pricest- 6 taps on long side, each $25,00 4 taps on short side, each 20#00 and to perform allwork in the prosecution of said improvement under and according to the terms and: ©eii� ditions of. Improvement Resolution No.-11.813--- ---- _---- adopted by the Board of Public Works. st.1923. and the plans, profile and specifications on file in the office of the Department of Public Works; which sai resolution, plans, profile aria specifications are made a part hereof as fully and effectually as if: copied and 'set out herein at full length, be contractor further, expressly covenants and agrees that in the prosecution of -said work all proper skill and -care z»ill be exercised, thq.t he ^il prone r _ _ 1 p o`ect all excavations and dangerous places, and Twill use all due and proper precaution tc prev_* inpi y to -My person or pro -#arty; that in the event pf any injury or dama.:ge resulting from tine v or renal*r" from a ,v r, ztter or thing connected therewith, or a-ising.therefrom, .to. any p.ersoti.or property, he ll rav a.r. ry fic--•idate the same at his own expense, and as sutme the liability therefor; and in the event of anv ci.a.r, or cl?.iins being made or any action or actions being brought against the city by reason or on account of or.groiving out of said work or its construction, the said contractor will at his own expense defend the ;same, and trill 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 notify the contractor of the pendency thereof, t'hYn-any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to thy° amount, liability and other matters pertaining thereto. Ann the contractor agrees L(, i�.;tt,:`_'ain sal( i i�•. Wilt ii., d Su 41 le y j.,aiTs as TPa the period and in the manner as fixed by the s»Peit9ca¢ions, and to secure the maintenance and repair thereof to file with the Board of Public Works'a bond vv,th stifficient surety thereon and in an amount as fixed by the specifications. Andin doing such repair work the contractor and the Surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person 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. And it is further agreed by and between said rart=,2s that the acceptance of the work provided for in this 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 cc-itractor or the sureties on his bond for the faithful perfort-n- auce thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thl,3 contrr:r.i, 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 makingat 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 h,= assigns, or out of the amount due him or his assigns upon the completion of the work, so much as mat ,.cessary to pay all laborers or material men for amounts due them for work done or materials used -or furnished to be used in the performance of this contract and the doing of said worx, and the county treasurer, acting as city treasurer, inay retain money colleted from property owners assessed for said improvement to pay such debts or until the contractor ihows that they have beer Paid or satisfied C.(, . - _2I i:.t i'en.. - I rr : _ i, ear:_; . and umzsed material in the streets or sides tit€reiA upon the completion of the irilprovem ; nt or the repairing thereof. The work of making such improvement shall be completed according to the terms of oils contract an of beforethe ----- ---------------------_-_------- ------------ ------ ------------------ dav of---------.......... unless the time for the compleiiorp of the sane steal'. be extended in writi:,g by the Board of Public Works. And -it is agreed that any suchi erten-ion of time. or ar-v alteration of this contract or of the manner or nieth4 od of doing such work shall in p away affect the duties, obligations or liabilities of the contractor or his sure. ties. It is agreed that the contractor shall not assign this c,,; tract. or sub -let the work or any part thereof to be done hereunder, without the writ*en cons ,nt of the Board of Public Works. It is further agreed and stipulated that rye contractor shall give to residents of said city and county preference in the employment of all Taber 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 perfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and -paid to said contractor in the manner fixed -by the 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 binds himself or itself, and the r*ipective successor or ass:;''-.s of suer r.a ties. In Testimony Whereof, We, hands this lath, day of July 1923. CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works. the foregoing parties, hereunto set our JOE A LUTHER Contractor 438 'Improven"t C*vq*.— rs�si°-�► Jon A. Luth r �! A46 � .�;'rR'li aa. •ag� State Oi l l # $ ilit, �e Tb�+l� ! ! c tractor ! ! EGt��Te j o cl State a Indiana and No a^ rred to as the Cites ) J �f. at the State -of ialdiaslit eft-tAidd��' � 3 s approved March 6, 1G0S0 And 611 Witnessetko that tie► voulzastor cev tins 4 Agroes to c strul* ter co eotions on Bros�t!'ield frost Liftelft Way o% 0488 ar e, in the ei yr of South Bead, Indi a at for 'fimoe !'oli�iowi pries 5 taps on long side, �ezeb. $26.00 k s tape on short sidt, ~h 20.0 i . and to perform al work in the prosecution of sand improvement under and according t©,&e terms �� ditions of Improvement Resohrtion No. 11. . adopted by the Board of Public May ""''�• ' and the plans, profile and specifications on file in the office of the Department of Public t'Vorka, which sal resolution, plans, profile and 'specifications are made a part hereof as fully and effectually as if: copied and set oni herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care •.-,ill be exercised; th t he °11 prop-_0- o`er t all excavations and dangerousplaces,. and will use alt due ar.d proper precaution to pr ve -t injury to : ry person or pro^=rt; that in the event 91 ,.7 any injury or damage resulting from the v�r^,r , or re:= i�~ing Eton_ a-v matter or thing 'connected therewith or arising` therefrom, to any person or property, he V- 11 ra.v at '�c ic�ate t11e same at his own expense, and as- sume the liability therefor; and in the event of any ciair-i or c'_ziins being made or any action or actions being brought against. the city by reason or on account of or growing out of said work or its construction, the said eontr4toi-will-at-his-own expense defend the same, and will pay any,judgment recovered therein, and will in all respects fully indemnify and save Harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,, tbt -n any judgment rendered against the city shall be conclusive against the contractor and against the surety en his construction bond, ae1'o the amount, liability and other matters pertaining thereto hna the contractor agrees to maintain said improvement and make such repairs as may be necessary foi tim.geriod and in the azanner as fixed by the specifications, and to secure the.xnaintenance and repair thereof. ib fie with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the Specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be .ettbject too the sazie liability to the city and any other person for any injury or damage to any persgxn or prop= . gitYln the;same manner and to the same extent as is fixed in the last preceding paragraph covering the con= struction work. And'it.is further agreed by and between said rart"s that the acceptance of the work provided for in this contract, or the payment: thereof, shall not constitute a waiver on the part of the city of any of the provis- ibhs of this contract, nor shall it release said contractor or the sureties on his bond for the faithful .perform ante `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 T s assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma%, .cessary to pay all laborers or materiai men for amounts due them for Work -done or materials used or furnished to be used in the performance of tW contract and the doing of said work, and the county treasurer, acting as city treasurer, may retain money colleted from property owners assessed for said improvement to pay such debts or until the contractor lhows that they havo been paid or satisfied : -:e coo �_-a -- or._wgi ees to remo- 2 all rub'oish, earth, and unused material in the streets or sldef thereat .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 op or unless:the time for the completion of the sat. a shall,be extended in writing by the Board of Public Works. And it is agreed that any such extension of time, or anv alteration of this contract or -of the manner or meth - ad of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- $ies. . If is 'agreed that the contractor shall not assign this r: ,r react. or sub-let'the work or any part thereof to be done hereunder, without the written consent of the Board of Public Works. It is� further agreed and stipulated that t'fie contractor shall give to residents of said. city and county preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract. and things to be done and perfortued by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed.4y the statute governing the making of such improve- ments. To each of the conditions anll stipulations of this contract, including all and singular the provisions and 'lets of the plans, profile, specifications and resolution aforesaid, thc undersigned binds himself or itself; and tho Ir"pective successor or assigns of such parties. t' TesUmeny bereot, die, . the foregoing named parties, herounto -set; our hands this 17th day Of duly 1923. CITY OF SOUTH BENDS INDIANA. d0E A. LUTHER BY Ii. B. SLAUGHTER C®ni,ractor. L. P. "HARDY ALBFR- T F HONER Its Bard of Publis We . 439J� Public mprove nt tO tug 1p Mdo an&entered Into latl a 1 Aeee.!e•.......sr.r.er.*and etau ®�ttdttdssttttlStt"t!"t!!`$o' ..A i attev referred to as the f f Coit�'�7�1�3�' � � i � a 0@ �� of § 1 ftty at St. Jose s and State of l� r` 9 the 410 Pe i E1 N (Wrtim9tcr.reforred to as the f 6 �� 3 M4&F M4 Off" AA Q iqk0pieml Amoomblyof the State of indM =z � q'kf*� Wintesseth, that the contractor eoVenants acid agrees to con- struet water sonneetions on Woodward and Angella Ave. from Hudson Avenue to.Angella Avenue and Angella Avenue from Woodward Avenue to Portage Ave. in the City Of -South Bends IndlAna at�� and for the following prices: - On Woodward Avenue, 9 taps on long side each $34.25 9 taps on short, side, each 23.25_ On Angell& Avenue. a ,taps, on long side ...each 34 25 4 taps on short, side, each 23.25 and to perform all work in the prosecution of said improvement under and according to the terms arrd ,=A ditions of: Improvement Resolution v7o...1196 ._..r., adopted by the Board of'Public Works -May _l5fi923. and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolution, plans, profile :and specifications are made a part hereof as fully and. ffectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and dare will be exercised; that he 77-11 rrno_r'.� * _ d p o`^ ¢all excavations and dangerous places, and,will use all due and proper precaution tc injt1-v *) ': v person or 1 -c -2rty, that in the event qJ any injury or damage resulting from the vcro;:_ or from v ,otter or thin- connected therewith or aTtsing therefrom, to any person or property; he 7- .1 ray ai li widate the same at Ris own expense, and as- sume the liability therefor. and in the event of 3nv cl.ai'm or claims being made or any action or actions being brought against the city by reason or on account of or growing out of -.id work or its construction; the said contractor will at his own expense defend the same, and dill 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 notify the contractor of the pendency thereof, t'hrn any judgment rendered against the city shall be conclusive against the contractor and against_the surety on his construction, bond, as to tb - amount, liability -and other matters pertaining thereto. pin* the eebttac-t®s agrees to maintain said improvement and ruake such repairs as may be necessary f,u. � #s -l"n .as fixed -by the specifications, and to secure the MintenlarlEE gnd a>>f thereof With-& 11@tt'd of Public Works a bond with sufficient surety the asttd i� a.>ft al>t 4iAi dig *@d U�� he M1 6fictulle . And in doinj such repair work the contractor and the gUroty on h#a ;�>�q@6 e @>1 f� tha Matti@ 1lsbllity to the city and any other person for any iujltty aP dat>r�a W > > pff�1�4 Of PNP- pffy 1@ same manner And to the same extent as is fixed in the last pracedhig paragraph 0IRMi th@ 9911' otolptiml WAf , Aild 1t l# further agreed by and between said part'.-'s that the acceptance of t -@ Wgfk 11111mot r- the payment thereof, shall not constitute a waiver on th@ part of the @ity ® aRY ®f the pf AN-- liils of, t�ja @ontrAct, nor shall it release said ccntractor or the sureties on his bond for th@ fillfhty p@ffnl fli= h11V@ thereof 1 nor shall the acceptance be prima facie evidence of the parfor taitae ni' Any ptoVfRldh of Ihl§ V-0111fsO1i emloot to the extent of entitling the contractor to the contract pri�c tfleref�f, The gontravtor a reea to pay for all labor and materials used or furnMed to be @Odd #fi th@ okifl# titAiA .IMProv"Aw tl gild in the performance of this contract, whether e- Of #il�i IAM W Atha Of hl§ A#off, #ip01 atleeIDMOt Or subcontractor; and the city may reserve out of a 1s1laty#tom i!- ufi L l S of tho eoatraeter or I,- assigns, or out of the amount dt>>,41!fim ®r 1100,9110 l p it 1. a work, > uef+ as xlla) cessary to pay all laborers or elatariet f i 800 @ 4 h 00% or liallttdah mud or iurni:hed to, he used in the peri6rinange of 06 M € fl0 t l »i and the t*urtf} treasurer, acting as city :reasurer, ss y setatls f f6 i�wuvv% a wmtd fw sated uuprovement to gay such debts or w rU d4c eoACWWr i3 40 > -ve i. em ltie colt=a.^ror`agrees to remo--� all rubbish, earth, and unused material in the woo" or 8ids1 thmgt upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terms of thIll Mt1rhft an of be€ore the------------------------------------------------------------------_.day of--_ ........... --.................. .._..19:::::::" unless the time for the completion of the sar-•e shall be extended in writing by the Board of Publla Wor1+s, And it is agreed that any such extension of time, or any alteration of thin ntract or of -the ihanudP f M@th od of doing such .work shall in no way affect the duties, obligations or liabilities of the contractor or his 614i€tom ties. It is agreed that the contractor shall not assign this cf+r tract. or sub -let the work or any part th@f@@f to be done hereunder, without the written cons ---it of the Board of Public Works, It is further agreed and stipulated that tie contractor shall give to residents of said city -and cmin€y preference in the employment of all labor necessary in the performance of this contract, and falling to do got 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 h@ doif@ and performed by said contractor the said city agrees to cause the cost of -doing such work to be a@sensed, eol- lected and paid to said contractor in the manner fixed by the statute governing the making of such tulpr Y40 xaents. To each of the conditions and stipulations of this contract, including all and singular the pfovOlo to and ter't:2s of the plans, profile, specifications and resolution aforesaid, the: undersigned binds hifflMif of 104f, and the rmpective successor or assi;s or` s�u-?n a; ; e� In T:eO!tiony_Whersoft 'Wet the foregoing named parties, hereunto stet our nds this l7th, day of duly 1923. KE D Tr OP SOUTH BEND, INOIAN H. �'�3' H. Hr H L, B. SLSLAUGHTERSLAUGHTER`E. Gohee>g L. HARDY Contractor* ALBERT F. HONER 1 -of Pubiie Works . Public Improvement Contra 1 ' XSEMUT, Made ead entered into MU 1 4 ��.owl `..•.._..: • ,, 19.... s b7 wad betwe �-- --- I. �. Sta�hsd st of aomty$ e se e b`t• ►...� : , r, . *A22d State of. e.. , e. e • e J13411OWMI r-rrrt W 84 F-t here�ter roterrid to at the "Contractor j , and the 9i'y off' �� s e Coimty of Ste Joseph, and Sts:tite of Indians,, by aid the Of Bo $f �� irks .h®reinafter referred to as the ' = City' 1 ) # for � Of 0 #As Go' era1 Asselmbly of the Stato cf Yndiauk� entitled I'AnAft � 8 �d. Va Corporations, approved March. 8, 1905,ad sall §VM � switnesseth. that the coatrastor covenants and aVees to con- struet pipe .sewer on alley east., of Miand Street from Ewing Avonue to Altgeldt Street mid Altgeldt, a -Street f the alley east of Mi Street to a point. 30 feet west of the west line 'of Marine Street, in the City of South Bong, Indiana at and- for the following prlees:- 875 lin, ft. of 10" pipe per lin ft. $2.50 38 line ft. of 8" pipe per lin ft, .90 420- lin.- ft, of 6" house connections per lin ft. 1.00 manholes per lin ft. 8.00 2 slows gg Fates$ each 10.00 4.. apba and covers, each 18000 andtoperformallwat t the prosecution of said impsnvement andw and aawrding tee ftrins and cam,, . ditiois of Improvement Rescdn�on 1TO. _ ., he im tBoard of Public Works_. and the plaits proffie wid. fications on in the a _Department of _Public Works w�cit 114d19� resblutt + file Vecifieations are made a part Hereof as fully and effectually as if mud and. set out jterem at uil kngtf. The evuttg4w ttrther expressly covenants and agrees that in the .prosecution of said work ail v_"er skill and care ivillbe exercised; that he -'sill prop�?�* - 3r� and p-o*ect all excavations and dangerous plaees, and will use all due and proper .precalition to prevent inury ro ;ny person or pro^ertp; that.ie event, any inj.0 . or damage resulting from the w3r� or resulting franc a--v-"mt*er or thin ca�nnected therewith. ar Arising therefrom, to aEny person as pr ,she v*�4E em orA Aquideer-6e same at-4iis own expense. and as- Wme. the Rabelity therefor; and in the event of ariy daim ortlaims being =ade or say action oractime being brought against the city- treason or on account of Far r wwg out of-5-- d woe's- or -its cvnstraetion, the said contractorwRl at defend the same. -and wW pay any judgment recovered therein. and will isi all respects fully indemni .. said city, its officers, agents or representatives Prom all cost, texpense, payment or judgment-reca�redin tin such claim or clams action or actions. And it.. 6ithin ten days after any such action %-begun, the city shall notify the contractor of the 4wridency thereof.,.; . �n smy ju ent rendered against the city.shall be conclusive nst the contractor and against*a sure*-. ek hue &aistrncttoa bond, as to tb� amount, liability and other shatters perttaini4g thereto. :nd the cQ23tractQt a gas to inaix sin said improvement ai.d ivabe-Such repairs as may be ►equgFar theperiod and in the m annar as fiacd by the 0 gteufl the l ail cn; n jud . ill? l � to file with the Board of Public Wark§ a bond �-ith an eiat #w � e in eh eMht #a0-4 by tho specifications. And in doing ouch repair work the owAtaet& wild &f.liMty a leis rO too b4d W U subject to the same liability to the city- and any other root-1 by Any il1jh ffl;�le dato �f�i� ROW erty in the same scanner and to the s a extent as h fixed 1A �e � � f �4 struction work. And it is further agreed by and betwson said patl!,z�s that the itet" >E � k fevid two contract, or the payment thereof, Ahall not ElieWiltate a witivet Olt a Plitt Mt of �� d1IM-84Ions of this contract, nor sfiall 3t raleam sald eontracter or the euretles M Nt the s�_;Pnee thereof; nor shall the acecptaitce be rlma facie evidence the s ee tit the contract, except to the extent of ciitl0ti ffie eanttne-tor to the - -- 'I ptl"ithefc4dt The contxaetoy agrees to pay for allstior and nr§ttrlsl9 used of ittr:aish� �.�dfi d such improvement and in the performance of this§ tontract, whetber dote Of hi i i assignee, successor or subcontractor : and the City Loaf► rs�rafo (gut a alfv lii in favor of the contractor or k.. assigns, or out of the amount due h1to at W Bolin#Pon 11 d of the work, so much as magi flcessary to lay All leaborors or thatetiu NOR ��#� d �� work done or tmaterisis used or iornithed to be used Mi the porformance of li fib thB � Eli said work, and the count* troarurer, acting as dt�r treasurer, �y retsln st �I-. # " fr�+ownners assessed for said improvement to pay such debts or until the Ctrxe%t l# i paid of satisfied i :e co.. a f u .ees to remo all ru _�ishen.reh, and urr?zsed material in -the streats or sides .thereot upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terns of this contract on e� beforethe- .................... ::.-----=----------------------------dav of 'Unless the time for the completion of the sane shall be e-,,::'erOed in w^rti ,g by the Board of Pubte Works, And it is agreed that any such e-xtension 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 dutie ties. s, obligatio, s or liabilities of the contractor or his sure It is agreed that the contractor Shall not -ssign this c`:r Fract. or srth-let the work or any part thereof to be done hereunder, without the ,i riV-en co .. ant of the Board OF P;-bl;c Works. It is further agreed a:id stiptrla .ed *.hat t14e contractor shall rive 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 surn 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 erforrited by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner` fixed by the statute governing the maktag of such improves intents. 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 undergigned binds himself or itself, and the T«atective s:_,cecssor or ass.;>-+s of s-,•-i, rart e,. ''In Testimony Whereof,; Wes the foregoing named parties, hereunto set our hands this 13th. day of July 1923, CITY OF SOUTH BEND, INDIANA. BY L. B . SLAUGHTER .L. P. HARDY .ALBERT F. HONER Its.Board of Publie Works, I. W. STAPLES, CONSTRUCTION BOND Contractor, of the County of.. .a.St. e...aTo.. S*Rh State of and me r isaa n SSure ty C ompony r New Ye' of the County o€,,. and State o£__. Now York lie vurod@k are held and firmly bound to the City of South Bend, Indiana, in the sutra of. QM 1110USOnd .-.Qkupd fifteen _-------------------- ------ ® � ant ® whle well and trul .". .......w......Do1e�,� ($ l , 515 04, - y to be made, we jointly and eevatslly bind_ ottl�ll►ei„'1:, siwi0ton; admins€rator.% aad assigns, firmly by these presents. ` bP @ondition* of the obligation are such that if thlt above name .......- ----------------- � a W-r-St6t�p1QS ...snail far tn: u.. ------------------------------- y- ,:orr.piy wiz.:. L.,'-: orua;. made and entered into the---- ...._----- 31, 1 �_ __ day of --- -------- --------- ...,july 1923 ,.__, ig.....,... with the City of South Ferel, indian2 and shall fult--11 alf the conditions and stipulations therein contained, according to the true intent and r*me« _rg th= -eof, i 111 rest:- its, then this .)bligation to be void. otherwise `o be and remain in (call force and virtue in 'aw. in the eve. . the said City shall extend the time for the completion of said wor'.-, such exte::sion shall not in a-ry way release the sureties.on this bond. This shall be a construction bond, and the sure`iPs 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 suretiee shall be held. responsible for the fair'-ful compliance with all other conditions, stipulations and requireme"ts covered by or set out in the contract. *ITNESS our hands and seats thi _ t - A—VU d------ -3 -------------1V,-192,�----------' }9 _ American Surety Company of 1Te,fr or .„......„,... ,( ',A .) -- _I. n ce res dent. The a o en Assis nt Sear* ry ------------ ----- --- ----- -- ---- es - bnd approved this_.. },,,,-.--<d&y sf,,.,....,.Y.----- - 7►�........a L, B. SLAUGHTER L. P. HARDY At ERT P. MGNMR Bard of Ptome wo I` vol I + 101 !� # an& catgu t 141% a 'i �" `ts=FY#`trrrrr� 3010,.•a btr &ad Utima I, Wt S&aples �(p St. Joseph Indiana 00, tRRttttttittatssa..... and Btfits ow, 41mvp Vo amid to an the ' t Contractar r +) , ad H n ��, and Mate of Ii� �! 4041,or referred to as the. { 0 -t I A@mb y of,sl.e state of Indiana . entitlad � � , 1t�0411 approved Larch 6, 1995, and all 4,6 WitnessA th, that the oentractor covenants and agrees to eehotruct pipe sewer on Wetstor Street from Indiana Ave. to Prairie Avel ulo under Improvement Resolution . 119i. In the City of South Bend, Indiana *i, and For the following priees. 365 lint ft. of 12" pipe per lin ft. .$2.50 195 lint fit of 10M pipe per lin ft. 2.25 60 lint ft. of $ " pipe per lin ft. •90 160 lint ft. of 6 house connestions per-lin ft. 1.00 22.5 lis, ft. of manholes per lin ft. 8.00 5 storm water grates, each 10000 2 manholes curbs and covers, each 18.00 and to perform all worn in the prosecution of said improvement under and according to lho terms and Cori., ditions of txtprovement Resolution No... .__._._.__, adopted by the Board of Public WoritiftL ae l 23 t and the plans, profile and specifications on file in tbi office of the Department of Public Works, wbtch tesolution} plans, profile and specifications are made a part hereof as fully acid effectually if copied and . set out Herein at full length.' The, contractor further expressly covenants and agrees that in the prosecution of said wotc all proper 1 skill and.care ti�i'.T lie exercised; that he -�-�'l ; �� -' `"r ��_� �- o*^{'t all excavations and dangerousplaces, and will, use all due a.rd proper precaution tc or:v t inju';'v ro ..ry person or prc^erty; that in the eve tit Qf any injury or damage resuttmg.frcrae-ie ti *�r: cr r� �1 is Eton: a=.v m'itter or thing connected therewith or: arising therefrom, to any pers-i or property, he t--ti! ^..v ar'^�;c,-safe the same at Kris own expense, and sume the liability therefor: and in the eve*:t of any clair-i or claims being made or any action or actions beingg bro:ight against the city by reason or on account of or growing, out of s-.:dv ork or its construction, the, sai3 contractor will at his own expense defend the same, and vn11 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 notify the contractor df the pendency there&(, th>n any judgment rendered against the city shall be conclusive,.against.the contractor and against the.auretay an his construction bond, as to tb=, amount, -liability and other matters pertaining thereto. F.nd the contractor agrees to repairsgain said innprovement,at. =•.n=-e �u�tt repairs as tray e ;. the period and in the manner as fixed by the s1 educations, and to serurc she A?aiUteA&Tlt;l, and h file with the Board of Public Works a bond NVIth sufi'icient aura th@t'ten l+yidfn �il.alfltitllit §�� specifications. And in doing such repair work the contract®t^ &ttd lid Atlr�t� ®n his ItmitmAtt Nii � a � subject to the same liability to the city and any other person for ally injury dr da%&gli to lttllj p OMA 6P PF#q° erty in the same manner and to the same extent as is fixed In the list pff0ding paNlfraph.COV"lhg t"d NO;; atruction work. And it,is further agreed by and between said �+ art°,ae that the atalptai " Of the W6fl€ f6 jdtd t�f jfi- t contract, or the payment thereof, shall not constitute a waiver Ott file paft 6f th@ titY d afty 6t the eft" Iona of this contract, nor shall it rzl-ea:4e said contractor or the sureflei Oil big h6fid t6f tft§ filit"it peffdfffl' Alice thereof; nor shall the acceptance be prima facie evidgnce of the fiertaffuail"'tit lt* pf tldif df this cwtract, except to the extent of entitling the contractor to the Cantfact Alice tberetbt, The contractor agrees to pay for all labor and material ti"d of filrnithed $6 Ate toed jf1 the fiiAMt bf such improvement and in the performance of this contract, whether done of ftlfifished fef hint, his etatl assignee, successor or subcontractor-, and the city may reserve Out of fitly Mlowance toad# im stj egillmo in favor of the contractor or 1- assigns, or out of _ the amount due shin Ail' big i<ssisns tf0it ftia lO di'dil of the work, so much as mat cessary to pay all laborers or waiter4i men fbt" ath6 rdo life AM "idt Mork done or materials used or furnished to be used in the pafftiftnafiab of tide tMtt"t ft'd the doinig di Wd' work, and the county treasurer, acting as city treasurer, may letalli famiev eoiSe 1ted itl5iti 1' 'et' . owners assessed for said improvement to pay such debts cr anta iM111"t-# , tNY hi paid jr satisfied 1'ie cont--a- c_ agrees to tome all rub' Ash. earth, and nwisO JWMAAR ttiE St;eel leAl t1pon the completion of the improvement or the repa,ri;q `ibiw(4. The work of making such improvement shall be cot a lei and 40e0lRPf % thq JeYF14 1# ty1% *% jq .. -- <c;1i?esg fhe time for the completion of the sar-e shall be extended it, W!Offi h t?ls; oaf �p ll g And- it is agreed that any such extension of tilne. or any al#ery ion of this teatiaet. 10f of the lfla8n�f 8F lff od .bf doing such work shall in no way affect the duties, obligationa O€ llablikit§ of tht, t®?1€R08-lr 10 hi§ MaRz ties;: It is agreed that the contractor shall not n.ssign this r = traet, or mili=lsf fill? wofk Of ally $a14 thtf@8t fd 6t don@ Hereunder, without the written cot.:; ant of the Beard of piiUi� Wof6.- It is further agreed and stipulated that tie contractor shall &@ to fe§id§il€§ 6f mid 64V slid p€ititift pf0@relic@ In the employment of all labor necessary in the perlorrriaf a Of thi§ &@lit€aft, and hMifiiff €d d6 §8; ihall forfeit to the city the sum of ten dollars for each failure to ob€erve €w§ Wpu1a€i6€l: And upon the performance of all the terms and conditions of thl$ egnt€aet.- Acid €Bill#0 to h8 dome -$lid prformtd by said contractor the said city agrees to cause the Gist of doAng §#oh wqk- f@ be rise§§eel; col= lowtd a" Vita to Said contractor to the manner fixed by the attatitej g6v6rhitig Rio-1 l9 df §6,6h hfiftd0i To nek of tht conditions and stipulations Of this contract. including ah and f4n9iddf th — provision§ Af - i a of tht plus, profile, specifications and resolution a oresa d, tho it d M116 hi seii Or rt91A mild Akit p&.dvt sumessor or assigi s of such. parties. In Testimony Whereof, We, the Foregoing seamed parties, hereunto set our hands this llth. slay of July 1923. 1. W. STAPLES CITY OF SOUTH BEND, INDIANA. Contractor BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works-, -, J"a '5, �=i�" x0N"ON: �:.>' � s ;w � •F: y pvcixa•,its, That ,f the Coc oty of,..__ -------State p �� + s y� (�'' y► y� A y� orfilgi., pill Ru ac =m� 1Q "�Y�A AP ^V{R1��^ _ Si — o .. .. Y i ..u.. uua eeYxeeeefeew eeenf.tk y b ns u tw-p , oftile, ftitttnt 9f.�.-.....m.-._-,.,....^,.._...._ - — -------- and State of..w... iea3Ee, of otitf i t7tlIyoo, ore held and. firmly bound to the City of South Bend, Indiana, in the sum of www—www wr w.�www...w w...ww www..w �.w �...w—u oM ' 915.00 P- we ...,..,...-.---.--__ .��.�- ,..............,.....w.a..,.. kor tho pAyment of whieb, well and truly to be made, we jointly and saw, -rally Mud 01minajrators said assigns, firmly by these presents. TtAoi e llu - loll t of the QW4�ation are slich .that if the above I�aaC._A!--. les ----------------- ----------- shall faith#uhy comply with the ioreguing contract, made -and entered into day of----_______________s�LiliC_ 1?1�._e._.........�_..., 1�........, with the City of South Bend, Indian? and shall fulfill al th- conditions and stipulations therein contained, according to the true intent and memo ng th=-eof, in all rep,. -ts, then this obligation to be void, otherwise to be and remain in full force and virtue in 'aw. in. ;lie eve the said Cit;- shall extend the time for the completion of said work, such extension seal not in a -ay way release the sureties on this bond. This shall be a construction bond, and the sure:es on the sarne 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'4ul compliance with all other conditions, stipulations and requirements covered by or set out in the contract. iE��t"!" ,55 our nar..is . •:, t; 11iihh,,' day of July 1923. .......... AlOriean Surety Company of Now Ybrit' rt ... _ _ ;. - I W. .STAPLES ------- Br .8--als No liambo Resident, Viet President; a„ _ __.-_____._.�..__• _... �,-,f�,_n.) At es1; �: '15u:ins�hoe �e;ide�t Assist--nt Secretary The ,above and approved tht5...._ .1%i ,. ,.:d9y c _. Julyy�3.� ,, . L. B. SLAUGHTER lbol Do HARDY-- AMMT ip. BONN Public Improvement Contract f7l TJ_ THTS AGR;MAMNT, Made and entered into this.. loth. 10 by and betweeA __6� �. George Pentarelli of. the JA44 :... • • ..and State of • • • • • • • • •;A444;*o• •'t�i'.'a1 w t7i11 ��R1 (hereinafter referred to as the ` `Contractor") , and thi City ®f South bond, in the County of St. Joseph, and State of Indiana, by and throes itb Doa,rd of Public Toxhi (hereinafter referred to as the ``City") , tinder asad by virtue of an Aat 9i° the General Asaembly of the State of Indiana, entitled ` `An. Aot Gonsc .In M pal, Corporations," approved March 6, 1905, and all amendatory Md SUPP ebeht&3j a@ta thereto Witaesseth, that the contractor covenants and agrees to construct sub trunk.sewer on LMeade Street frrm Huron Street to Sample Street, is the City of South Hand, Indiana at and for the fellwing prices:- 989 lin. ft., or 24" pipe sewer per Ila rt, 5,00 658 lin. rt. of 16 " pipe sewer per lin ft. 3,50 324 tin. ft. of 18" pip sewer per-lin rt. 3.00 465 Ila. ft. of 10" pipe sewer per lin ft. 2.50 622 lin. ft. or r 8" pipe serer per lin ft, .75. 1358 Ila. f1,, of �"'- housa so�it ec-tiohs per lin rt. 1.00 69.5 lin. ft. of manholes per lin rt. 8.00 25. storm water grates, each 10.00 7 msnholes curbs and covers, eaeh 18.00 i Tuesday 1111d to perform all .wotlt'n, the prosecution.nf said 'improvement under and aeeovdlug W tho Wjopa a7 t;: - ditions of litiprovemeht lies llztioxt No.....J..19� .....---- kdopted by the Baa,�rd of hft Wgrka-.. �*19, 23. and the plans; profile and specifications on file n the oiiii& of the Departnl Lmt @f PuMp orite it t4 resolution, pt'ans, profile and specifications are made a part hereof as fully andiiff@ttually lira jf ,00pW m14, set out hereln at: full length. The cont:ractfir further expressly covenants and agrees thRt In the rosOe1t1MI �f_;�ald W@fU ail bfopef skill and care )-fill be exerc,s d tr^t he l:l pro*r� 'FT 4 t: "� * all #_xt%VMJ@n% t�M dsilgflfoile plfth� and wilt uge. all due al-d proper pr ca oion tY prv ,-t i"JUw� � ��.y person .3r p-p rw t. th 0—A fj e t itt any injury or"i�amage resulting from the lk**)r` or res z1tz "S froni wv w tier or thing € dflfl�tffld tlf#ft�*j+W of x arising therefrom, to any person or property, he pay attFl lice idnte the lama at hit owfl-expetipt, and aa= sume the liability therefor; and in the event of any cis;ri or cisisns being made of any action of-Addoli9 hd - brought against the city by reason or on !account of or grbivizig out of ahzd work or its eptinrttetioll, the, 641 contractor will at his oWn expense defend the same, and will p any judgment racay@red them1n. and wif is all respects :fully indemnify and save harmless said city, its ® eers, .aments or representatives from ail con expense, payment or judgment recovered in connection with such claim Of clai#is, action of actions, And within ten days after any such action is begun, the city shall notify the contractor of the Pefidtfiff ihMM, thin any judgment rendere&against the city shall be conch-isive against the contraet& and agaia t i m1M on liis_construction bond, as to th- amount, liability and othrr matters pertaining thereto, L .p ff1 fMrr fii Par1 �, idj f' d � �1 X y 3 C CU ,O .} 1-AU Lo S ^: it i%ft. T F[I�.:Yid7r'� Fi_ } , L :_iT i L �:. a S` 'ii /,!! lrr i £ ltT f 3 For �.. �+? f ' i.- F :� `'??r _On a: `> ii. .-.S}; Yea i" pi! J/d lij :1{! �F/!ii Gt!- l} ��:4r eEl'_�S7.., �t 3i S _ _' ri tr�s tr,• �1}' f.Jt i,i?, :. 1Ci �s�-till {t t .,f4 1 i [t:t t _-t itriad t�yA, : a:.:. I..;_t--1-t�B iS 1S`tir.� !(, ills: y,,rr ��:l�r.�ll1�+ �sw<t�-rTc.�':�} 'ti rSit ,}.i!'-� �-� �i'�si�#�" ho fllli 4Li,e'°d l y dtgd t% fry :, Salt! r'a,t tl ,r V"..- a ('i ,tt, t- ill flit ttlo,0 r±, e ,_� lo, 1}t li t I d 'i! t f Lf! ill!` f�riS i i �lT�i • t , E>IS.LlI ��t Ga �Lz�i + a-i Cr , it, f { 1 r. it� 1}i; F°ttltTtaE (; !]tit �f1ri'lf 91: 1 tileTi-ac: 5�ia c�_�'_raL¢�;; tl-•' ;t (i; _ ,r : J:- : V i I,.t f� l it lira 1, 1 rev, r't.. f3, :.v ill; i id ; hill 111i 111 slit:' � t r ! t; ;: IJ : pril:l,d faci-eF,.'. V,f;y i rr>:! j:-!# !wi tho llri 1; i(; .t►t Jt,1. ,,�++ { tt J I lr t j!,nl i, i,,, I{#!,F5 i ;S ll l for all 10I or ._::d Jh. rY1. j., r:.," ) �,: il. ,.1 ill f;i: f! Lt7 ztl. 1, r m SLdlip tit E!.i.i i1 11 11�:', {t11.': ..f tS.i' con .. ails 1 r'.:,,r rrr ti rr ;?i;t r,7tbi;, r f t lo° A .,t-t "1 t.. .,l, .0 (. iY `-.J •4.T i.: - ti-'L t f �i - ��: )t� t7 ) r, M � � �l ( ' t ( �: .0 3 k t _ t:_e ('>,:. -T ? r. ✓ _ ,, � e:-, c --= r � : ��qqf �hT �}i' c: s _ or ,Zi`�j`' �' (1 %,':�.. ,: } 2 1. , -. z• t" 1t1� t,:`<t j aC 1; iixf irst,4;FCY.�Y G�iE„y �t3,:Y,j<rsf .:q/ f:, F1' Bite coat_a oi agrees to remo- z all rvYDish. earth. and un+ std material in the streets or sides thered upon the completion of the improvement or th ,repairi-ng thereof. The work of making such improvemeni shall be completed according to the terns of flits contract on AID beforethe ----- ----- ----------- -------- -..._- *...... -`---------------------- day of...................... ......... ....... e,.......,.......,..,.....w, 1po.�...a, unless the time for the completion of the sar-e shall be extended in wri'ti ig by the Board of Public t�Vo." And it is agreed that any such extension of tine. or any alteration of than evntract or of the manner or Moth.od of doing such work shall in no way affect the duties. obligations or liabilities of the contractor or his sure ties. z It `is agreed that the contractor shall not ctssign this cry.° tract, or sub -let the work or any, part thereof to be done hereunder, without the writ. -en con nt of the Board _f Pt-lilic Works. � 4 It is further agreed and stipula`ed thz t the contractor shall give, to residents of said city and Bounty preference in the employm-nt of all labor necessary in the performance of this contract, and falling to d_ o so,- shall forfeit to the city the szim of ren 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 p1rformed raentsby said contractor the said city agrees to cause the cost of doing such work to be assessed, col- d andpaid to said contractor in the mariner :fixed by the statute governing the slaking of Such improvs•s . _ To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans,'profile, specifications al:d resolution aforesaid, the undcr6sued binds himself v; itself, and the Tow-_pegwe:successor or as::;4,__s of �:• � �c. �. In Testimony Whereof, We, the foregoing named parties, hereunto set our Undo this loth. day of Italy 1923. CITY OF SOUTH BEND, INDIANA. GEORGE PONTARELLI BY L:;B. SLAUGHTER Contractor, L.'P. HARDY , AIA RT P. HONER July 17th. , 1923. COIM13 d e CONSTRUCTION BOND l ilia',,- " T V, #' pwc-_=tar That we,�.,_ - ,T f a yog& Enmlra*'el 11 _ .... -- gf the C.or- -,ty of-- "ok State of I11Im ia .., as pe".ci pal, and Aesident Inwiranee Cellpany _ of the County of..._. Wayne �„d State MOM �. _. as sureties, are held `and firmly bound to the -City of South Bend, Indiana; in the sum ol;...,.... 4 4.1F x1AQ_ �rsr.�sr�rrsa..ua•.rrsasssiass•+sr..r'+sss- -- -ss „ Dollars �� O or ,...r..y:��:,_.. , ... MM�,.�i+- .._......D • _ 9 , for the payment of which, vr& and traly to be made, we jointly and severally bind ourselves out heir executors, adminstrators acid assigns, firmly by these presents The conditions of the obligation are such that if tht above nasn�_,,,,,Q,�>��„ ' ...........................-----------------_--_--_ ._ ...___......__ ....mall faithfuls eons t t # li sae f „_,,,,,, 10t+h. da� of ...... ...........JY.,,e„._ irtatde ,and %entered, ttsto the ------- _ ._.__---------------•-----F•,x�l . with the City of South $er-d, Indian? and shall fulfill al the conditions ard stlpulatlons ihardit 2C according to the true intent and rneaz .,:ng th----of, in all resp,-_Ls, then this obilga€ion €o se to be and remain in full force and virtue in iaw. In the eve. the said City shall extail lam' leoxpetion of said work, such extension shall not a in -iy way release the aut let ou €h%t bood; Plhis shall l6 a construction bond, and the sureties on the sarne4hftll not be'held i' ppn �! maintenance and repair of the improvement after it has been accepted bthe and pa�$1 ssba�l beheld responsible for the fait'•{ul compliance with all other conditiosn% stipt ti 8tl $livered ty t r set out in the contract. �VI i iv i `S otir hand& and Seals this....... 1.4 :......-.day oi....... . is STANDARD ACCIDENT INSURANCE C C- � ..Lzi �...__ ..._..........p er ..Q... ........._IOU&+e---ia.: 'ssL .............(SEAL) r..,.,.....��r.....,..�� The.above bond approved this--- ....--_.. }"�l.tt ,----•-t �► off.. , ,...,....J1.tl '� '�,,,., Illy: ,,. L. P HARDY Public Improvement ►ntrad ° MENT, Made s out inta Mil ��. r u L i� '� by and bet�ree4 _ �� _, v- :y €! PE t t _ It • c. •.s,• • a •.s: Higkmays Material . Co, f MIdisSth•..•tY�tatBi''-'*`mm rVed to as the ``Contractor" ), and. the City'ar Sotitth.8e f In the Q %y of St** Joseph, and State of Indiana, `aid tlirQUA. �aa Boe►r� �' Fccbli VO a (hereinafter rof srred. t6 as : the City' ') , ;under and: by Ivirtue cc &AAA* of the Assera Ascombly of the SUte of Indiana entitled AnAat wAii`Copp %iCas, s approved March 6: 1905, and a.11, amendato' ina iota Wilktessath, tkat the contras ter eovons�ts aidr agre*6 to sonstruot ggrads, sorb and walk on Magnolia streets Kesolusake Street_, Pulaski Street, from Indiana Ave. to $. J. I. & I. R. R. is the City of Ssuth Bead, Indiana. at and for the following prie*s:- 3082 lin ft. of curbing per lilt ft, $.40 14080 sq. ft. of **neat walk per sq. ft.. 017 1188 eu. yds. of Fill (grading) per su, yd, 1.60 and to perform all +work in the. prosecution of said improvetrlent tender and according; to the terms and croft-+ dit%ons. of Improvement Resolution No.1177 _. adopted by the Board of Public Works....�i�C.:.lr`� a 1923 • and -the plans, profile and specifications on file in the office of the Department of Public Works, which said resolution, plans, profile and specifications are made a part hereof as fully and effectuall* as it copied and set out herein at full-length. The contractor further expressly covenants and agrees that itt the prosecution of said work all proper skill and care will be exercised; that he = '`t rrone�_- '_ "� a=-d t o" all excavations and darirous places, and will use all due and proper preca+ition tc arev1.1* injury c) ivy person or pro^arty; that in the event 21 any -injury or damage resulting'from the wor'- or res-llti^.a from anv r—itter or theng connected therewith or arising therefrom, to, -any person or property, `he �11 pav and liquidate the same at his own expense, and as - spine the liability therefor; and in the event of any c}a r_i pr claims being made or any action or actions being brought against the city by reason or on account of orgrolvin-g out of sv;ld work or its construction, the said contractor will at his own expense defend the same, and vnll pay any judgment recovered, therrin, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, paymerit or judgment recovered in connection with such claim or elaimi, acti it or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, tht-n any judgment rendered against the city shall be conclusive against the contractor and against the surety on hia construction bond, as to the amount, liability and other matters pertaining thereto. And the- concract-or agrees to mai.itain said improvement and make such repairs as may lye necessary - d and in the ma.ner as fixed by the spi-ciffreations, and to secure the end it i� therew tO Me i Jfh OV Roard of Public Works a bond .;th sufficient surety tiierom in i�i lm Aui��i#lI hll� d $� she ,end in doing such repair work the contractor and the surety on his itk%>�htaa b�d ahill big §0javt to the swne, liability to the city and an_v other person for any injury or damage to alb pefo(aA of ROW @fly ii7 {he tame wauner and to the same extent as is fixed in the last,praceding pl r raph iovori tho p -I ij 01ji0i work, Arid it is further agreed by and between said part'-s that the acceptance of the work providod 'jof ill ti cnflfrAr- or the payrneiit thereof, shall not constitute a waiver on the part of the city of an of Ills Moll}f ipl)s (if this contract, %tor shall it release said ccrttractor or the sureties on his bond for the to I.hfii psl=fol lil= atjt'ft tfittrtnf; lint shall the acceptance be prima facie evidence of the perfortuarice of afly pfoVisioo ®f €ill§ fofilriwt4 except to tile. extent of entitling the contractor to the contract price therefor, `t°lie emitr-aetor agrees to pay for all labor and materials used or furnished to be used In tlia fflalftllf W illch improvement and in the performance of this contract, whether done or fi%rtt43hed f@f hilt *r hI§ iiKpf#tt pAIRalaa, sew vogor or subcontractor; and the city may reserve out of any allawwance mad@ @f ltfly a0i111 4 ih #ate 0 ft mtractor or h;lz assigns, or out of the amount due him or his assigm upon fba w �a ofi 0 the 'work, a® mtich as Mal �cessary to pay all laborers or niateriai men fa. a ®nnta die thifi! fof 'ilk &A Of Wktalals used @r furnished to be used in the performance of this eonttt"t and tho "# of Mid WW-R,, and tho m�-=Aty trzauircr, acting as city treasurer, tnxy retain. wancy Golk_tad from Of0piffy 14WV ef-% agatatld- 44id ttuproveUtent to pay such debts or until the contract", shawa that oy Mv# beLcp paid .VP w4fitd 446 Tuesday July 17th.; 1923. Cintizued, - ear• t�, .ami unt:srd material in the streets or sides therwt upon the c " letion of tjie imp?bv:mcnt or the repairing thereof. The work of making srich improvement shall be corlpleted according tb the terms of this•contraet oat cc beforethe .--- - - -- ----- - ---- ---- ---day of--- ........ ......................... .......... unless th time for"the.completion of the sar-e shall be extended in writing by the Board,of Public Works, And it is agreed that any such e�tenzion of time, or ary alters `ion of this contract or of the manner or meth- od ofd-pjngsuch-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=.>: �ract. or sub -let the work or any part thereof to be done hereunder, witho-t the 'Writ -en o -it of the Board : ` P-, })lic Works. It is further agreed and stiOulated ?b-.* 'r',1e contractor shall give to residents. of said city and coutity preference in the employment of 9.11 labor +ecessary 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 condisions 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, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve MUM To each of the conditions and stipulations of this contract, including all and singular the provisions and tennis of the Flans, profije, specifications and resolution aforesaid, the under6igned binds himself or itself and the r>apective success or or ass-;-5 of s i. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our kands. this 16th. day of July 1923. CITY OF.SUTE BEND, INDIANA. HIGHWAYS MATERIAL CO. BY LO B. SLAUGHTER GEO A. HARBOPP L; P HARDY liens.,, Contrast;.* ALBERT V. HONER e Ito Board.,ofPublic Works, CONSTRUCT ION BOND l: •• -e presents. That we__ .___.--X9UW&FS- ,l, c-f the Cot:T,ty of - his;. sib 4$1----'State of IIId1tt� ....,, as prime%- gal, and :--- _-Fid.elit, and De i it Cospany of Maryland ©f the County of ----- __ _.�--___--- --__wand State of Maryland as sureties; are held and firmly bound to the City of South Bend, Indiana, in um of TNAThLe Ladd O4e ,hAR4r*d sigxx�nine --------------__..------ Dollars ($ 29169.0CJ• for -' the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heir %Xecutors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named ...............-__..H1g ys__. al�er sls C®upa?ly_-__--sha-i- ialthfuiiy ioinaly tiv:th isle ioreguiag contract., " made and entered into the ----------- _.-.------ 1:6•th.------- dayy of------ ifty -441— ►---192-i 0------- I9--------, with the City of South "_•er_c'. +ndiam * and sha'1 fill} j? ; thc- c-onditions and stipulations therein contained, according to the true intent __ �!. =ne.:r:r.g th�-eof, all i ; =cts, then th;- -)bligation to be void, otherwise to be`an4remain in fall, force,.aad virtue in law. in -lie eve... the said City shall extend the time for tho. completio# of said work, such extension shall not in any way release the sureties bn this bond. This shall be a construction bond, and the sureties on the sauce 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 faithFtA co:npliaecce with all other conditions, stipulations and requirenva nft covered by or set out in the contract. �� ''��ITTyNAEA�S o hh n nd a ,.,.•.,,,..day *L--,,.,��.J(�Z�e,..,�.:sr.�., Fi:= ZYLANDD P 1 c� A �, HIGHWAYS MATERIALS Cole-, _....m._ BY HUG P. D AH00, -(SEAL) ��• >^�sas.--__' The above bond approved this-... 17th. �y oi....,:...... Jul,,.!,..�.�r'�.;.4.,,r L* B. SLAUGHTER L. - P. HARDY LO Board of PtMe Wod* Public improvement ColittliCt loth.. +'r ; t, SHIS AGRFZMT,; Made and entered into thila 9-9 'e vq +�t�•�Tr -�.,-��.�r]_i y.,,,.�'�� ,.�•j.�.., 19a�.as.�,; aa� b8'�Iw��c ,�v . _ , .. E�� _.Wi _ =_ -.. George Pentarelli 9 Cook giIllinos. 'le QCUTI'E . s-�=.»-. c.... a �...�.. r•� ►.l I I I I f I is Et`! Pereinafter referred to as the `Coutrwtor't),# Md of"'Wr -he Govnty of St. Joseph, and. State of Mud , I* ff � , Vmks thereinafter referred to as the "Oity" �, �� ad � .n the (eaeral Asae>eb of the State of Indite, eitled "AffAft ps1Car poratione,:: approved March 6, 19 �� V ante► '�.eretcaf;�, _ . Witnessoth, that the contractor pipe sewer en Ford Street from Olive Street to Bend, Indiana at and For the following prises f r covenants and agrees to construct Made Street, in 1he City of South 552 lin. ft. 10" pipe per lin ft. 2.50 76 lin. ft. of8" pipe per lin ft. .70 315 lin. ft. of 6" house connections per lin ft. 1.00 19 lin. ft. of manholes per lin ft, 8.00 4 storm water grates, each . IM0 2 manholes curbs and covers, each 18 �10 ducl to perform all work in the prosecution of said improvement under and according to the term=$ and =e- ditions of improvement Resolittion No..._ adoptM by the Board of Public''' orks...,..Mlifsy.,.st • • 1923. and the plans, profile erd specifications on file o#';ee of":the Department of Pu?�lic; Works. wbtch resolution, plates, profile and specifications are made a part �lereof as fully and effectually as, ogpied and set out herein at full length. 711e Contractor further expressly, eovenauts and agrees that in the prosecution bf saitf wbrk' All proper skill ai,d care •--l"I'he-exercised; tr t he - -''.1 p' oo V r ' ' o`^_ all excavations att�i dangerous places, and � V1 .use air due a.^d p�-ooer rre..aittio 1 t� or z ,c i �;tz�- to ^ry person or r, -c �r't that i-t ff event r ally rnjury or da:ma.ge resuiting from th - or r�s'ti+ o frJn: ?- V "^?ttpr or thhi or„o� 'off therewi, or Artsttig therefrom, to any person or property, 1- - -411 ray a* � °rct�ic�ate the s .*ne at his own expense, and, as- or the liability therefor; and in the event of a*tv cli:,M or clairis b gig*made or any action or actions bgiT�g brought against the city by reason or on account of or gro ping of t of s :d nor'- or its canstrtiction, dh:- s ,il Contractor will at his own expense defend the same, and.t-rill pay any judgment. recovered therein, and will in all respects fully indemnify and save harmless said city; its officers, agents or neoresentatives from alf -cost, expense, payment- or judkinent recovered inconnection 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..tre pendency Cher:-.-., thWn any, judgment rendered against the city shall be conchtsive agamst.the contractor and against the surety On his +construction bond, as to th- amount, liability and.other matters pertaining thereto, l:na the contractor agrees to rriaintain said in,proreu eiit at,c; Mane such repairs as, Tray r-a neces,�ary the period and"in the manner as fixed. by the specifications, and to secure the maintenance •lend repair thereat to file with the Board of Public Works a bond trith sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on bis guarantee bond shall be subject to the same liability to the city and any other person for any injury ordamage, to any. person 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. And it is further agreed by and between said rarf'_-s that the acceptance of the work 'provided for in this contract, or the payment thereof, shall not corstitute a.waiver on the part of the city of any of the provis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance 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 furnislied 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 completions of the work, so much as may-cessary to pay all laborers or materiaa men for amounts due them for work done or materials used or iurnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as' city treasurer, may retain money eollened from property owners assessed 4or said improvement to pay such debts or until the contracts= ihows that flay hays been paid rr satisfied, , -z cc:: _a cr 4a.ees to remo'2 all rubbish, earth, and unused material'in the streets or $i@es therwi upon the completion. of the mprovement or the repairing thereof. The work of making such improvement shall be_campleted according to the tents of this contract on or beforethe---------------------------- -------------------- ----- —--------- ---Y-day of------------------------------------------ ----.._._....... 19.......... unless the time for the completion of the sane -shall be extended in writing by the Board of Public Works. And it is agreed that any such extension of. titre, or any alteration of this contract or of the manner or meth - ©d 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 -.§sign this e. tract. or sub -let the work or any part thereof to be done hereunder, without the writien consent of the Board of Public Works. It is further agreed and stipulated that t`4e contractor shall gi��e to residents of said city and touchy preference in the employment of al': labor necessary in the performance of this contract, and failing•to do so, shall forfeit to the city the sum of ten doil4rs 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, col - lefixed cted and paid to said contractor in the manner by the statute governing the making of such improvem gents. 'To each of the conditions and stipulations of this contract, including all and singular the provisions and ternis of the plans, profile, specifications and resolution aforesaid; the tmd"agued lands lams if pr itself,, g,n&t*e=respective successor or assir-.s of such _i artces. In Testimogy Whereof, Be, .the foregoing named parties, hereunto set our bands this loth. day of July 1923. CITY OF SOUTH BEND, INDIANA. GEORGE PONTARELLI Contractor. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Beard of Public Works CONSTRUCTION BOND Kr: c,,z rtl is ,a by th_ze pc xts. That we--.----" aft2r-Re E&z%14rfA t t of the County of--- _.......��k_--.�...--.-_______--, State of Illinois as princi- pal, and ------- --Wy4tlditi'1 of the County _-and Stateof..,... as sureties, are held and firmly bound to the City of South} Bend, Indiana, in the suers tff,mine 331inda _ ei fait e 3 lit .3olars 88 QO for the payment of which, well and truly to be made, we jointly "and severally bind ourselves, our heirs, executors, admiristrators and assigns, firmly by these presents. The condit cas of 11le aiigat on are. such that if `thy above named, 448 17th.,. 1923, Continued* tax thful',�- @} with 4tAt Vb iw i65#t ct; ride and entered into . the__ -.Q a___ .... .....:.... da�D aI = -�_s with the City of � ......:��, .South: Bend. Indian?. and shall fulfill ally tlt� c ud cif � � d tl�til li is I%1A .l 111 lHeYl, according to the.true'intent rd r+�e ��._i D th -eof, in all re., t& tidid; 6t We to be,and remain in fall• force and virtue 3 n" ' aw. Itt the ev'L rhg said. City �hA11 ; RRi rnd the �iitif� fdlr tie completion of said work; such extension 4ha_1 act in aay wav release the sureties oli this bond., This shall be a construction bond, and the sure=yes an the mute sh�.li i1be il_ li�dd fe§poii§U' ite maintenance and repair of the improvement after it has becn aeeepted by the sl3i eiild ps.ftY, }tut stic�i, §fiffitl2�3 shall be held responsible for. the fait?4ui conipltance with all other eatidltloi §, sfljiutati#iiis and requiretneii'ts covered b* or set out in the contract. T '1lV.ITNESS our hands and iAeft% thI r-.;:,, IQWU,.,,..,, STl ATDARD :ACCIDEAT'T iNST RAIJCE ELL 19 ..... Bkre�n�ee eih f _..�.-.+,113iii+�—-•i:YNM •••w . as��3oli�ial onr.reefsflm^seslass•g"esf�.--- . .1T.s7'T:st"e7'-7s•"`:"�,7A x ` The abolre bond approved this.. .....:,17Qw,....* L. P HARDY ,.. $Umd of Pumse Wort* Public f'txownitOx -Ni t Wde and tered into �.h� B.... .. �..�� s �-� log , .. r by and between Highways Materials Co. ® St. Joseph Indiana � 0� a'Etti-!lI%%Isf.I'tass.s.s.arid State of...��....�.�1t1•*t4i#M~�I &S the ` `Contractor") , and the Ct ® /@f , and State of Indiana, by and, thr W NeArd ®f t � �� i�1111of .� State to as the City"") ! Umder and by iir Adt to of Indi ena entitled ` `An Ad$ C #Aids "d march 6, 1905v and ail td a W Witete$seth, that the contraetero convenants and agrees to construct grade, curb and walk on Oswald Court from walnut Street to Magnolia Street, in the City of South Bend, Indiana at and for the following prices; 780 lin, ft. of curbing per lin ft. $.40 1688 sq. ft, of cement walk per sq, ft. .17 398 cu. yds. of fill (grading $ oer per cu. yd. .60 r and to perform all work in the prosecution of said improvement under and according to the terms and con-, ditions of Improvement Resolution No.adopted by the Board of Public Works MAY 1s1'�923' and the plans, profile and specifications on file in the office of the Department of Public Works. which 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. -e contractor further expressly covenants and agrees that in the prosecution of said- work all proper skill and care will be exercised ; that he will p"operl} _.•�, r a d p- o`�cx ai'I<..excavations and dangerous places, and will use all due and proper prI caption to prevent injury *o :r_v person or pro, Lrty; .that in the event 9f ay.y injury or damage resulting from the w3r>> or resulting from a--_- ^ratter or thing connected therewith or arising ifl'erefrom, to any person or property, he --ill rav- art ligt:idate 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--.;d work or its construction, the said contractor will at his own expense defend the same, and -will pay any judgment recovered .therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, tht_n any judgment rendered against the city shall be conclusive against the contractor and against ibe surety on his construction bond, as to thv anount, liability and other matters pertain* thereto. ntinued:, "il u sue cor:crat— ol ci.grees s az; z •�-`. •.. the period, and in the manner as fixed by the specifications, and to secure the niaintermude and repair tk , to file with the Board of Public 'Works a bond with sufficient surety thereon and in a amount as fixed by 01 specifications. And in doing such repair work the'contractor and. the surety on his ugrantee bond shall b€ subject to the same lia6ility;to the city and any other person for ally.injury or damag to any person or prop- erty in the same manner anti to the same extent as is fixed in the last preceding par raph covering the con- struction work. And it is further agreed by and between said rarti:es that the acceptance of the work rovided for d thie 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 contractor or the sureties on his bond for the .faithful perform- ance tliereof. 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 there€or. 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 trade on sny estimate in favor of the contractor or 1 % assigns, or out of the amount ,due him ,or his assigns upon the completion of the work, so much as ma= -cessary to pay all lavore,s or nfateriw men for amount$ due 'them for -work done or materials use or , urnished to be used in the performance_ of this Contract and the doing of said wort;, and the county trcasLirer, acting as city treasurer, ma retain money colle'!ted from property owners assessed for said improvement to pay such debts or until tic contractor shows thst they hoo bper Paid ar satisfied cc, . - , a. to reauu - a 11 ru�'`isl�, earth. and un,,! tOd a>i3rsteria# #it t 8t>P@e 8 91�t3 �th4� upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according ft thq tt►rms,6f! fh1j before ihe,. t} �d unless the time for the completion of the sar day extended ,�s..,....,.n.,��••, e com leti �e shall be extended in v1Frt{. b ""`•"`- '� And it is agreed that any such extension of time. or any alters*ion of this ti� tm tho of thl fnalilitp OF Od Of doing such work shall in no way affect the duties ties, , obliAatiovs or liabilities ofthe e61i Y&@l6r op#8 8li E. It is agreed that the contractor shall not assign this e r,r tract, or �11b-let the work or any part thereof to be done hereunder, withot,t the writi en o ;.,nt of the Board `,c 1 ;•1>I;c Works, It is further agreed and stipula*ed *hat t'4e contractor shall preference in the employment of all labor necessary give to residents a said failing and etfo sop ssar in the nerfnrms,rce of this contract. acid fatliftg to do sop shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the ternis and conditions of this contract, and things to be :dotie and pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed, cot- . $xtsi paid to said contractor in the manner fixed by the statute governing the making of much Im roves suents. p .To each of the conditions and stipulations of this contract,. including all and singular the prd+riglons stiff terms" of the plans, profile, specifications and resolution aioresaid, this undersigned binds Winsmlf or Itself And the rswpective successor or ass:zns of such nart:es. In TestAmony Whereof, Wet the foregoing need parties hereunto set, our bands this 16th, day of July 1923. �IIGHWAYS MATERIALS CO. Goo* A. Harrop . Treas. Contractor. CITY OF SOUTH BEND, INDIANA BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works CONSTRUC-11ON BOND By ;4: v a'1 =Tn lr-7 dhtse pr ts. That ........ ............... --_-_.._, State pf ..__.__ T1g� i �> the Cou-ity of---- . 1e.. �T��Q L. --- _ ._. ....��......, as princt- ------------_--FId eIit,}t_�n tlenAai j, _Cp L.-tli--�d2'ryl and ................... pa.l and .---------.. of the County of--_----.--_.____ _ .__ and State of_.. yland------------»� as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of- FOUL htusdred 418.00 }. -for the payment of which, well and truly to be made, we jointly and severally hind ourselves, our heirs, executors, adminstrators and assigns, firmly by these presents. The conditions of -the obligation are -such 'that if tl4labove named-- ------- "-'--^Hisbys. 1.6-t-*i3-.1 -0iCiS .1 11ali:;`,t: :j •tia:Y? i i".'.Itt1 t21@ foie'tdlrig CoiiiYaCi, made and entered into the__.. daJ of --- _---- ._--._- ,,»»».-,......„...... , 19.__...., with the City of South Bend, Indian? and shall f ,1+. 1l alf th--onditions and stipulations therein contained, according to the true intent andr*iea...rg Ehs=eof, �11 re _ts, then this -)bligatian to be void, otherwise to be and remain in full iorce and virtue in law. In -lie eve_., the said City- shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the faith{ul compliance with all other conditions, stipulations and requirements covered by or set out in the contract.- ,l3 tAis .-.:.,,,,,�.6t�t� day 34..::::::: 1 Fide Ii1, b 6TA " b Jay lg2: HIGHWAYS MATERIAL6 ,CO. ............... Attorney in fact, t�0: �:' $ARKOF' firec,s., _..... ....... .................. ....; = The above bond• approved this,-.,.._.... e...........day of..,......,.iT�i.�,.i�_ v 13i.h _ _ 1923- r1djul;ed Claims we approved as follows:- M Jebn B. Haberle W. R. Hinkle 97 Elgin Street S*eeper Co. 80049 Attostedoo- Clerk of the Board. h