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07/24/1923 Board of Public Works Minutes
Board not in regular cession at 'Vt00 A.M. All members. presenir Attorney F. Obeneet d Mr. T, D. Hines of the NewJersey Ry, Company ippeared befare the Board a ud ,pre seated the ft'llow ng petition for the vacation of a part of Raley Street, Resolution`oddered prepared, k South Band,- India,. June 891923, y T THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND: k The undersigned, property awaer and -common carrier, respectfully Petitions your honorable b6dy to vaeatc a Portion of street knew as Kaley Street nor* particularly describes as follows: - Commencing at the point of intersection ef.the d llne�®f Kaley Street and the east and *Oat :ibe lirtesf Section fifteen (15) , township thirty- even'(37) North, Rangd two (2) East; thence south four hundred (400) feet; thence East sixty '(60) feet to the East_ line of .said Kaley Street;, thence North four hundred (400) feet to said East and Nest center line; thence west sixty (60) feet to the Place of beginning. according to law. Yours respectfully.. APPROVED JUT. 24,1923. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. , NEW JERSEY, INDIANA.& ILLINOIS RAILROAD COMPANY BY JONES, MONTGOVERY, & OBENCAHIN AttOrneys. Attorney Antony Wolfe appeared representing the -Now York Central Railroad Company and presentees petition for change the road bed of the New York Central Railroad Company from High Street east to the City Limits, Said petition not filed but this matter referred to the City Engineer for investigation and report. Atty. Frank Gilmer appeared and presented contract and blue print showing proposed buss line in the City of the Lee Bus Company and requested that this Board give Mr. Lee and others a hearing . The Board advised Atty. Gilmer that this matter be deferred a week or until Tuesday July 25'lh., 1923 at 10200 A.M. Bids were roeeived opened and read as follows: - Corby Street grater connections. Bid of Wm. H. Burk* Short side, each...............$19.50 Bid of J. A. Luther Long side, each ............... 24.75 Short side, each.... 20,20 Long side, each ................ 25.60 Water connections on Jackson Street. Bid of Wet. H. Burke . Short side, each 210,30 Long side, each 25.75 Bid of J. A. Luther ' Short side, each 19.95 Long side, each 25,89 Water eonneetions on Wayne Street. Biel of Wm. H. Burke Sort side, each........ 24.30 Long side, each' 35.00 . Bid of J. A. Luther Short side, each 23.-GO Lang side, each00 1. Tuesday July 24th.9 1923. Continued. Wa°ter connections on Yukon Avenue. Bid of W. H. Bur ke Short, si de, each • $22.50 Long side, each 27.00 Bid of J. A. Luther Short side, each 19.89 Long side, each 24.00 PIPE SEWER ON WALNUT STREET. Bid of I. W.'Staples'-. �155" 12" LO" 8" :6" M. H.. M. C. & C. Storm pipe pipe pipe pipe pipe water inle per ft. per. ft. peaft. Aer ft. per. ft. each each 2.75 2.45 2.20 .90 10.00 8.00 18.00 10.00 Bid of Gust, F. Santry Co. •3.00 2.35 2.05 1.20 1.20 _7.50 20.00 PIPE SEWER ON NORTH SHORE DRIVE UNDER IMPT. RES. NO. 1233. .18" 15"" 12" 8" 6" M. H. • M. C. & C. Storn water pipe_ pipe pipe pipe pipe each each each 'Per ft. M ft. ft. ft. ft., Bid of Gust F. Santry Co. $2.40 1.90 U20 1.00 7.50 75.00 12.00 *Drop manhole ...$20.00 Bid of Highways Impt,. Co. $4.40 4.10 3.40 1.30 1.80 9.00 20.00 12.50 Pipe -"sewer on Vassar Avenue. Bid of Gust F. Santry Co. 10 inch sewer pioe per 1-n ft. $2.70 8 inch. sewer pope per lin ft. 1.25 6 inch sewer -pipe per lin'ft 1.00 Manholes per ft. in depth 7.50 Manholes curbs and eovers,•eaah 20.00 Storm water inlets, each 15.00 Check $100,00 Grade, curb and walk on Medora Street from Keller Street to South Line of Morris Park. Bid of Indiana'Constr. Co. walk_per sq. ft. $.15 ;-grading per cu. yd. .95 Grade, curb and walk on South sideofKeller Street from Portage Avenue to -west line.of Morris Park Add. Bid of Indiana Construction Co. Valk per sq. ft. $.18 Grading per cu. yd. .95 Grade, curb and walk on Vassar Avenue from Brookfield Street to College Street. Bid of H. N. Barnes ..•.,..., Walk per sq. ft. L17 Curb per lin ft. .45 Grading per cu. yd. .94 Grade curb and walk on Vassar Avenue from College Street, to Aadams Street. Bid of H. N. Barnes. Walk per sq. ft. Curb per lin ft. • Grading per cu. yd. .45 .95 ftlk per sq. ,ft. $.18 - *Curb, per lin ft. .40, GrQding per eu. yd• { A11 ®f the above bids were;-eferred Ito `the City Enginse for tabivation to � be re.port*d on Wednesda-y :duly 25th. , 1923, resolved by the Beard ►hat Dom, C. Layton, Street, Commi ssioner ^be gran .ada" thirty (30) day loave -of ae'bsane* or for the moUh of August 192.4 on account of -ill health. Permission is hereby granted ti gee. A. Platt to close all between Michigan: Street and Main Street from -Wayne Street -north der a distant* of thirty three (33 ) feet immediately at rear of Y. M. C. A. for the con- , struction purposes. ApproIved and granted subject to the approval of Building: Commissioner as to necessity of alley be open st this time. New Pole ordered placed nearer to curb oh,1725 Marine Street corner..of Dayton Street, Indiana & Michigan Electric Company otdered.to reset pile tothenorth just inside of the curb at the northeast.iorner of Mari*tta Street and Ohio Street. Petition filed for street light on Keifer Street and Stocker Place. L00 C. P. light ordered set on south side of Keller Street in line with. Stocker Place. R Are light ordered placed after Ewing Avenue is opened up at corner of Ewng Avenue nd Leer Street and Fox Street and Cl$ele Street, Petition filed by A. B. Thielens of Citizens Homes Company for sidewalks and curbs on the east side of Scott Street from Calvert Street to the first alley south of Calvert Street, To have sidewalks and curbs put in on the both sides of Taylor Street from Calvert, Street to,the first alley south of Calvert Street. Petition1filed and resolution ordered fqr concrete asphalt pavement on South Taylor Street from{.Indiana Avenue to-Cilverti Street, Resolution to be prepare& for 1924, t Petition received faro light at •corzrer of Cedar Street and Eddy Street. Referred to Pole and Wire.Inspector far report. Petition received for ligYtt at Mishawaka Avenue near walk leading to shelter. house. Referred to the:Pol-e and Wire Inspector. Petition filed for grading of Marine Street from Ewing Avenue to Victoria Street,, Resolution ordered subject'to petitioners assuming expense of intersections. Partial estimate allowed Williston Construction Company for pavement on Marine Street at,,........$29306.87 Partial estimate allowed Williston•Const►ructian Company for pavement on Carrell Street from Haney Avenue to_Indiana Avenue at..$19128.0 Estimated cost filed for cement sidewalk xxt on west side of Huey Street from North line of Mayr's Michigan Avenue Addition to Elwood Ave. at ...... 3325 , 00 Motion was made ghat the bond of,the Pike Construction Company with the Fidelity Deposit Company for.the pavement on Leer Street this City and approved under date of April 3*1923 da hereby released. The Williston Construction Company having filed a new bond for said Leer Street pavement improvement in leiu thereof. 1 ! 46."� Tuesday July 24th.. 1923. Continued,,,: The.followi;ng bond of the Williston Construction Company with the Fidelity and Deposit Company of Maryland on Leer Street pavement was approved by the Board. CONSTRUCTION BOND. y Knorr all men by these presents; That we Williston Construction V ppany of the County of, St. Joseph, State of India na, as priA�cipgl, and Fidei+lity and Deposit Company of the County of Baltimore, State of Marylandas sureties- are held and firmly bound to the City of South Bend, Indiana, in the.sum.of seven Thousand three hundred= twenty-five ($7,325.00) Ddllars, for the payment,of which, well and truly to be ma3de, wo .,jointly -a.rA severally bind ourselves, ,our heirs, executors, :,administrators and assigns, firmly by.these presents. The conditions of the obligation are such that if the abovd named, Williston Construction Company, assignee of the Pike Construction Company, shell faithfully comply with that certain contract for: sheet asphalt pavement, on Lever Street South Bend, Indiana, under Improvement Resolution N®. 1029, made and entered,ntp on .the 29th. dray of March 1923 by and between The City of South Bend, Indiana, and the Pike Construction Company of Waabaash$ Indiaana, and ;on July 17th., 1923 duly assigned by thePMke Construction Company to the Williston Construction Company, principal herein, and shall fulfill all the conditions and stipulations therein contained, accord- ing to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. -In the event the said City shall extend the tine for the completion of eaid work, such extensions' shall not in any way release the sureties on this bond, This sail be a nonstruction bond, and the sureties on the same shall not be held responsible for the maintenance-and'repaird of the improvement after it has been accepted by the second paty, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set but in the contract. Witness our hands and seals this 20th, day of July,1923. FIDELITY AND DEPOSIT COMPANY OF MARYLISD WTLLISTON CONSTRUCTION COMPANY BY HUGH P. DUNNANOO BY E. A. COATES Attorney: in fact. President. The above bond approved this 24th. day of July 1923. L. B. SLAUGHTER, L. P. HARDY ALBERT F. HONER Board of Public Works. The following bands and eontracts were approved. i� 701, _ : Whitcomb & Keller ! t St. Jsseeh _�s :ndilra ]for refeaxedo taaatue- 1i'w�# Aaaaema►3,r a�f 'fire Btaats., aloitia ;► �a Val �� �+�"�►'��+�, a,a► e�rt5r4'a�3 �rc�► � 7b. aa'�I asffia��at - # tn� Witnesseth, _ti, . the contractor cove16 nants and agrees to eonstruct curbE and walk on caring Avenue fra�m Mia: i Si.reet to E.` line of Miami- Heights Add. in the City of South Bend, Indian,& it and`.forthe following prices!- 3810 lin. ft. of curbing :per 'lln -ft. 6 x 7 x 16.900.01 0 4"A ,52 8025 sq. ft. of cement walk per sq. ft.................. .16 161 Tuzsdav July 24th.,# 1923• #-im'04, .:nd to perform all work in tine prosecution of said improvement under and according to thel#erms and colt. ditions of Improvement Resolution Vo. z6opted by the Board of Public or laz .15,1923. and the plans, profile and specifications tm a in the office of the Department of Public Works, trhieh sai resolution, plans,. rofile.,and speelfrcations are made a part hereof as fully and effectually as if copied and set out herein at Tull length The contractor further expressly covenants and agrees that in the prosecution of said work all proper , skill and care ; 'ill be exercised; that he prop a• d p- otPct all excavations and dangerous places, and rbill use all due and proper precaution tc pr w,.��t inlury +o .ny person or p.10-:erty; that in the event c?f any injury or, damage resulting from the upon,- or res-11-ii- -from a~v muter or thing connected therewith or arising therefrom, to any person or property, liegw;ii nay ar^ l.icltndate the safne at his own expense, and as- sume' the liability therefor ; and in the event of any ci.at' ", or claims being made or anv action or actions being brought againsf the city by reason or on a,ccotint of or growing o*mot of said wori: or its construction, the said contractor 'it athis own expense defend the sarie, and ;rili ray any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its 6f$cets, agents or representatives from all cost, cgense, payment or 78u�act1oai8be etrtrecvednnection girl►cl. claim or �laixns, actionit ifntenags after angunthecityall notifyeontractoroftLe pendency tip eof, lien antcdgment rendegainst tice city shall be conclusive against the contractor and against the Surety An hia c struct:. . twi as totb� amount, liahilit and other• matters. ertaining ieret0. mid the e-uhlrsetor agrees tc mai.rtain said ln,i;lover,�ent and make such repairs as may be necessary fo, the 2fi66 And in the Liner. as fixed by the sp.�cifications, and to secure the maintenance and repair titemt 0 M with The Board of Public 'Works a bond With sufficient surety thereon and. in an atrnbunt as fixed by ho opWkatioins, And in doing such repair work the contractor and the surety on his guarantee boud shall be Fi46jeft to tbe- §at t0 liability, to the city,and any other person for any injury or dal age to ruby portion or prop- $ rt l{t the fix t MuntAr and to the same eattent as is fixed in th-last preceding paragraph caveritig tho touw �iti tt£tlott ��t`I€, , AM it is further fiKreed by and between said Fsrt' as that th `acceptance of the wont grovldt-d for In O f9PttaM-fa or: the p4-yuwnt therecif, shall not constitute a waiver on the part of the city -cif tiny. of the prFvis- + iwvt of t ii coatraef, nor shall it rd, ea.ic said contractor or the sureties on his, bond for the faithful perfornj_ snort thtji-vof }s +l' shall tat' acceptance be prima -facie evidence of the performance of any provision of this ,^.tt;,ia :fit 1,, exC f-pt tP the extmit'of entitling the contractor to the contract price therefor. `l lit? p.� M 400r Mgreea to pay for: a.11 labor and materiais used or furnished to=be used in the making of Al'tli iinpfovelli,ri!.t aid i_n the. performance of this contract, wheth,,r done or furnished for hies, or his agent RI-Rf 51ACC ;prat= or Subeon ractor , and the city may reserve out of any allowance made on any estimate ilk 14,10r of tie eontractor or t• assigns, or ont of the aniount due him or his assigns upon. the completion of t ?c ,=ciris a� n'uG lpis ma,, cessary to pay all laborers or materia-t vaen for amounts due them for Work do -no o` tiateirlals ua�G or :tirliished. to be used in the performance of this%contract and the doing of �uA `� �.`; 3 �c.3 the e.t�t?.i�t� t.--a4uCQr' a :tiiig as city treasurer, may retain mo my co1le.ted from property' for 4azrmp td imp—(?Vc tat to pay sucil�debts or until the contractor,slsoSvs that they have bceu t,l fit= rt: �i i .e ce,._ r ua.e to remc, a;i xt{ '_ia:�, earth. and laviq�.od vmw�atli ilk 1 t gtpeet3 ST iljj�% therinj tip" the completion of the iriprovcmn nt or the reparving *'h"e The work of making such improvement shall be eotuAtttit li l t % A% lfmk V4 JV1 ef before the.. artless the time for the completion of the same shall be oxt"pd�� itt wt`ltii'� �� t�aT4'R ff I ON% .i4 And it is agreed that any such extension of time, or my eltere±lail od of doing such work shall in no way affect the duties, obllx#lIoris t)f 11atf11itim fit: t MA "m ties. . . It isagreed that the contractor shall not Rssign this er�t trget, @r suh-ltt the.yM of ply PA14 thmet to be done hereunder, without the written col:;, mt of the Board of P0411v Works, It is further agreed and stipula-eii *hot +?ie contractor shall give to realdeite of oidd a ty mid e9wi y preference in the employm-nt of all labor necessary in the mriormanot of this wtitrut, mad ltliih1t to do goo phall forfeit to the city the sum of ten dollars for each failure to observe this stipglfidaftf And uppon the performance of all the terms and conditions of this contract, and thing t6 be dam@ hhd ferformed by said contractor the said city agrees to cause the cast of doing such Work to bt ht @994 td1= ected and paid to said contractor in the manner fixed by the statute g&vtrniiX tht Making of Suaft 11fi ftO t& yn�nts. To reeh of the Conditions and stipulations of this contract. including sill and tlrx blot the pf�#fleltr g€� tsna of the plans, profile, specifications and resolution aioressid, tttQ tolsatdgbi ll bifiWi Of fit imd the xwpective successor or assigzis. of such -parties. In Testimony Whereof, We, the forego1»g named parties, hereunto set our hands this 23rd . of July 1923,,E _..HITCOMB & KELLER CITY OF SOUTH BEND, INDIANA. KEL.LER, Pres, BY L. B. SLAUGHTER Cntrae6er, L. P. HARDY ALBERT F. HONER Its Beard of PUblie Works. CONSTRUCTION BOND , ti ire is'0=t96 That we_.._-___ni St+. Jo �� Inciiatu►ij= 1 =ii1� Cop cit of:::- -: t State ;h� 1 s �1 Surf ty ,Ce.pagy ..�.-.........« ..1. of the County e; -- and State § §'tlf@g@§t gf@ h@ld and firr4ly bound to the City of South Bend, Indians, In The ism st _ d hundred fifer one -..w.. r_...._,._.,...,_�_.._..___ i i 1,25� _ i tlt@ p;>leat ®t which, 14 tell anal truly to be made, we jointly and Kits b1t e ` ?t4 f adll_nstra>:rs and a+ngns, .firmly by these presents, f �� Ana of the abligation are such that if the above flamed .....�,� z faithfully comply with the foregoing eontraeto made and entered into the-...---25�c_ day of July_ 1g2-® with the City of South Ber_d, Indiana and shall fulfill alp the conditions and stipulations therein contained, accolyding to the true intent and mea-iing thereof, in all respects, then this obligation to be vdid, otherwise to be and remain in full force and virtue in law. in the eve.:. the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties Shall be held responsible for the faitl*{ul compliance with all other conditions, stipulations and requireme"ts evvered by or set out in the contract. iN'M� r xrur taanAs a xd eels ><ttc .- 3 •_. d1k _:_ 2 �._... - - -day At -............................._.---------------__._._....... ............... -................................................. «..........(1"L� The above bond approved this.•---.... 24QW�—da3� L. P. HARDY *MMERT�7; HOMIER Baud of Pubbe W,61*64 Public Impro vement Contract ,' k 3 8ENR * .fade entered :> 8, , h40 =rep dbyEu?�� rR:e� ems; 7. 00 the Odintyysss►....aaa.sar.....•••.*and State lkeraftafter referrgd to as the "Gontraetor") , and the City Of 40uth fthd# J e OMMty of St. Joseph,, and State of Tadiana, by and th=11' a e� at PA1 Wave (here;�,> efter rererred to as the s ,6 GityP ! i, t er vi tl o at an Aot of ,tbi ftneral Aeeembly of the State of Tmdiana, o titlea i #.An Apt Omoorni - Jo � JL Owporations, s &pproved Mamh 6, 1905, and 61I. Amen tM 'ems eu OM—atel Moo a 0; Witnesseth, that the contractor covenants and - agrees to construct grade, curb and walk on Various Street, in the City of South`Bend, Indiana, at, and for the fallowing prices: - Under 125 lin. ft. per lin ft........:.......�.......EO Under 250 lin. ft. per lin ft.,.. .30 Curbing 125 lint ft. of more perlin ft... .50 cement walk"250 sq. ft. or more per lin ft............20 grading per cu. yd......................::.:.6-....1.40 Grading per cu. yd....t....... ... .......... .1.25. and to "perform all work in the prosecution of said Improvement under and according to the terms artd coa, clitfons of Improvement Resolution No..I adopted by the Board of Public Work ,19�3. and rime plans,profile and specifica6onsonTVifn the office of the Department of Public Wor sc. w�h�ic�i sat resolution, plans, rofile aril specificatibns are made a part hereof as fully- and effectually as if copied and set out fiefiiri at''full idagth. The contractor further expressly covenants and agrees that in the .prosecution of said work all proper skill a,nd care will be exercised; that he will proper'v t ar.d p_'o*.�ct all excavations and dangerous places, and will use all due and proper precaution tp prevent injury to my person or proms?rtv; that in the event 91 any injury or damage resulting from the woe'- or resulting from a.ry smatter or thing connected therewith or arising therefrom, to any person or property, he v ill pay argil liquidate the same at his own expense, and as- suine the liability therefor ; and in the event of anv claim or claims being made or any action or actions being br o;lfht.against the -city by reason or on account of or growing out of ss.id work or its construction, the said cotittactor 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 ol- representatives from all cost, expense, -payment of judgment recovered*ln connection with such claim or clams, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, th-n any judgment rendered a. insl< he city shall be conclusive against tl� contractor arid,against the surety on his eonstruction bond, as to •th- amount, liability and other matters pertaining thereto. Pori& th6 eon cra<ctor ag-reRs to unaiatain said improve -meat a±=c...,a�.e su-:h repairs as Way C:' neVesyary ! tlu fi ner as. fib bT �e s cifr•catiQns, and to sequre the plait�ten t n e ati therew 400, M6 DoW of Public Works a bond with suf iickut aumty t:h% *Vkd W Av wmAM 0% 4. Elie liiitVfiemfopol And In doing such repair work the ee ntrractot Axed @ �t11'�t s its't h U � e colt totho pame liability to the city and any ©then person fora ijhty of d,Ain to 001 i(Ah tit wo #l-cy i4L ftc hams wasi r and to the -same extent as is fixed in tht Wit preted l etwellh he tow Aid Uj' i���gr�ed by and between sai4,1,arttes that the seceptaheo of the 1wat too! t�� few # A f�lltrflet. 0 obi Oayhtek thereof, shall not constitute a waiver tits the plot at the elty oItt Of the V €vw— ollC1 of NO contract, ricer shall it release said contractor or the dtit'rti�i ®n �� b�ltd tot the ��lt �d� PeihH _ Alice, thereof; any shall the' acceptance be prima facie evidence of the per ortuait of at;y psi-VIOld� �� MA- Wlltractt U6pt is the extent of entitling the contractor to the contract price therefor. '1contractor agrees to pay for all labor and materials used or turtilobed to be used Itt Om ok-M of ARE..h jlfipfoVoulont R in the performance of this contract, whether dbne or futolshed let .1 f 60 N �tii) otignee, Auccauar or subcontractor - and the city may reserve out t4 MW rtleil+r � oftMW R of tho QMtraetor or htz assigns, or out of the atnouut due it M or llJA t1w#ft #00 06 Ot the= to Inuch as ma3 cessary to pay alit k is, or Materlai OM to be tised ift f W->1�tatiah uaeat -or 3u misted ns WiMorsmsjw bf tl� e ;kA ll4 "d the tounty trta4uret-, acting as I it � tr"Mver, tetra + %MV4 *W. ti wOvement to Fay suchdebts or unw dw, tanasewJb&w# :��� Continued, , . ,. LO renw ' 11 ru siZ, earth. artd gvpq!,. Ntgtvial R k�t g ea4 upota the corm-Aetion of -the imisrouem-�.it or the repair3ag themt, {� The �worrlr of makinz such improvement shall be eonmle*ed aeterding % thts ttrta19 � flk RA*% t t45 jif lip f!tre' the ._.dav at..: ..,•�.:. t_[Y.cxi YEY:YEE Eminc. - ` �� � unless the, time for the completion of the sar^e shall be e�te•�dpd lu g r tt" by t� WA @�•' And iris agreed tbat any'such e-Kten5zion of time. or any alter, -"ion of tg9m t6iitfftet of of tte %h1AiA4fj-AF tio!ah- Od of doing such work shall in no way affect the duties, obligatiot s fir 1101110ea of tltt tfa - C. �f hij safe ties. , It is agreed that the contractor shall not assign this o)t tmet. or mails lei ths, work of kitty pvt tltpf@bf to he done hereunder, withol,t the urtt_en zo.is;..t of the Board of P�0,11c Wt,p g, It is further agreed sari stipulated that the contractor shall t 4ta to residents of sold dtf itttd comity preference in the employrn tit of ill labor necessary in the tterformanee of this c€tntrset. And failltig to do sQ, _shall forfeit to the city the sum of ten dollars for each faiitire to observe this stipulatlon. And upon the performance of all the terns and conditions of this contract, and things to he done Itttd pperforated by said contractor the said city agrees to cause the cost of doing such work to be s;saessedt cot" tected and paid to said contractor in the manner fixed by the statute governing the snaking of such improve - To each of the Conditions and stipulations of this canitract, including all and singular the provilildns and toga of the plaosi profile, specifications and resolution zioresait,`-the utideirilped binds himself of itm%, and the respective successor nr assigns .of such -tiart:ea: , In Testimony whereof* We, e -pregoing named partiest hereunto set our bands this 21st. day of 0741y 1923. CITY OF SOUTH BEND,INDIANA. INDIANA CONSTRUCTION BY L..;B. , SLAUGHTER CO. 141, P. HARDY BY A. E. ANDERSON ALBERT F. HONKS E. T..-TRANBERG. Its Bard of PUbiie. Works Contrattots. CONS T Ri7CTi0191 BOND Vy .:� � p;vz -:its. That we__.___. Indiana Csnstrusbion -Coo ............... 1 - - - — -- - as princi >f the Cov--ay of...........sau ----- _�__, State of_.-______._-_r_ Indiena _---------- ----------- __-._ ......... of the .Cdurify of_.. •.__:: • ' y '-' '- _--and State of_.._._.._._ _.. •.__...-- ._.. as sureties, are held and firmly bound to the City of South, Bend, Indiana, in the sum of.._..41 t E., • a • . • t t s ^ ....... A# i_Mipr� .�__ w- r.-r-.-r .-+-+•� +.w ^�+-� __"K_'_•...---($100 •0IV, �. for the pgyrrtept pt Wv ich,,well; and • truly, to,be�made, we jgintly and severally bind ourselves, o_tr halts, executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named T cl i yam; Cfl.a;9 11 lA1611 C- .OMPOLn __.....s nit taithfsiti r,. matte 4c 1"egoiAg coutra4 vwAeaw.d entered into ffip 214_- ,..r___'r___ _axv ce Anly.,1925 • ._... ..... with ih City of South $erci Indiana and -wait fairm the conditions %dPdia4*M tbereitt taonl ned, swording to #lie trtme intent ar_cl rmeaii ng thereof,, in all respects. then this obrgkatian to be void, otherwise l+p be. and temaia in full ftrae wM, virtue in taxi..; In the eve:_: the said City dAH extend a time fw the co - - ietiio tsi. said Woii�.'such yxtension shall sot in atny_ way fete the sureties on -tom nd. s shad be a constriiction bond, and the t nretimcw the Same shall nalpelM Ui1-1 i the 'i>is%ti$nce a"d fair. Ei tiie improiteinet�t after it -has ►ees� a�xepied thessv i"feO&sti& reties "babe held re"sfble feat- the Utfiftd WmAang vrft all other *w&daw# Aockdieni a" veqhwmeta kv'qNj:S$,Quf hands And seats thee:.... ...�'tl #r�.....d;,,• of... -1923 SOUTHERN -. SURETY COMPANY Al?AL) •...•...• T2A(LjA= EX IT- nu n se BY E. T. TRANSBERG ThQ awe boeid ;4pprove4 t8is_._:.....�..;.2 .�...�..,-.�.daY d ............. .-......�....»..,., 1 ..�6 B. 'MAUGHTER Li P HARD ,4 ,Now WN lea ifs - -- Webster in the,Ci ISM4 aei ftIt d ta as tits c CiV* suld".jed by o State of India,-MU1 # affloftwo *wMh; Obi- aba all Witnesseth, that the dontractor covenants a� agree i runk sewer, on Chalfant Street°from Eddy Street to Walsh of Sout dn,In Tana at and ibr the following pri es:- 5 lin. M of 20 vitrified pipe per lin ft.......14.00 lin. ft, of 8 vitrified pipe per lin ft.....,.... 1.00 lin, ft. of manholes Perlin ft-. 6..50 con — reef, rim sday July 24th.a 1923. Continued. s o nl wa a ra es eac ........,........... 39' es ue s nP ea p�v rs�. ' ¢�' a>�'Ii> "`�t2 . R or 6�` i e • to perform all wo min the prosecu N. nt said imiyYovetnent under.and atu©i rto 6e; tenor and cea 4$'ttions o€ Improvement Resolution No. adopted by.the Board of Public,Worlc-a.. .w.,..�.,, anal *e Mans, profile -and specificatiops 04 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 effectually as if copied and set out herein at full length. the contractor further expressly covenants And agrees that to the prosecution of said work all vroper I'll and tare -,,ill be exercised €1 ^t he .4 r 1 3pa_ = -i I `net all excavations attd ,da°ngerous places, itod ON use all due and p-ooer p eca ttioa1 t ere v , ,,�-V to cy person or pre �2rty that 4-1 the event 61 8tt F injury or dams ;e res€ Rile-' from the ,,,- or re ,hirg from, v ?rztter or thing �onrectPd therewith or �ettsing therefrom, to any person or property, he V 11 pay a»^ ligt idgte the same at his oven expense, and as- shoe fh�e liability therefor; and in the event of -Any lairx or r_Wnts being made or an action or actions being b light against the city by reason or on account of or growing out Qf s-id work or its construction, the said oi' Witt at his own expense -defend the same, and willAcets, y any judgment recovered .therein. and will in meet's fully indemnify and save harmless said city, tf. Agents or represent iVes from all -cost, payment ctt udgment ecov cotAinectian with such r. ire ol~ cis ou:4 r actions. And. if. 'n days after en sits, aict a 82t'if. t dt1�+�' ,teary thereof, ">s judgment rendered againsttilie eity.sha� be tihtsiE arEnst the c©retractor ssagafttst #lie surety *0 iris truction bolt as to fb- atnauat, liaMiity and other.rzmatters pertainizeg thereto. P i;�Y' •�fa�.l p -�y2 7 Y,,YCia $'•S� �.1 qi6 tAI�Y[�L�"pwr'c �ssdl a; s!:w'�,, 44146 S� Vi•. r , T.`DC 3S' '' +9'P IWF:i.� '�. AD6 Rll R:�Y 1 •L v%toil' §: t wx 1 f tf work the rnt ctoi s � �+ is N§ iiaw llla fiify to the 04- and a";y oiber person Ion a" tlt� ��Ili �� 1� 4f'y §fie MAflW AM W the same extent as is in the lam e4vi potagf4ph. � if A JVftthif ggr@@d by And-betweetn said fart!�ts that the aeeept4,neo of the *ffit be fl t . ter 'i wit, }a�;ct RF e PgYM611t f�lct°gef, sh�li not constitute a waiver en thfe plfftibt € o sty 6 �h� bi the }Ellis # 15 SRptra t 1;01 shad It releaAe said ccntractor qr the suretIts bit hil slt�l Mf' ih� tail - 0 Pei€oa r - fi#eA lfjl-rep,j 'Pof s�taii ti@ $ectiptance be prima facie evidence of tilt rlffEs3'hlshc f h pfa#isi6i of th.; 013fRci, R_r-VP1 #@ 111e @Xtf-1111 of entitling the contractor to the coiitri.e toe t�4efof, 1 Witizi-P OT MA Wpay for all labor and materials used dr ftii�iti�itrtd tda filed hifhe Ph ifl of iif= 1i}l f€313�111p111 PA ill the, performance of this contract, whether dotle of fit 16d 6k fiffiii df is a Pfl#41P,P1 §lli .f� W- @l• '9uh@ootractor ; and the city may reserve out of stty 1 ii ate 41 Www of f�f WAl�i3O-1� M h:q' assigns, or out of the amount 4tse MM of #set p . wk3 §@ WWI lk€ >A41 eessary to pay all laborers at cost" i� �t_ Or. *oft* #-Old � ulrnished to. be .used ie the paritraaas f � 01 'W1%A, 40.4 *% V-�-N>Y M44urer, acting as city Freamm, � s` t Yeutent la Vay. akch A*w CAE � t#Wf"W .e co.., ' e— to renio _ �I1 ri7` ''Si7, earth: arid' um;sed material in the. streets br sides thereat upon the completion of the improvement or -the repait-ing thereof. The work of making 'such improvement sbalL be. completed -according to the terms of this contract on or before the.___ _ av ____day of------ ------ ........._... ......�....... ....e..........., 19..........E unless the time for the completion of the sane shall be extended in writing by the Board of Public Works. And it 4 agreed that any such eaten -ion of tine, or any alteration of th+s contract or of the manner or .meth- od of doing such work shall in no way affect the duties. obligations or liabilities of toe contractor or his sure- ties. i It is agreed thal the contractor shall not assign this c->r tract. or sub -let the work or any part thereof to be Clone hereunder. without the written cons -nt of the Bofrd of Public Works.. It is further agreed ar.d stipulated tb? t the contractor shall givg to residents of said city and county preference in the erhploymtnt of atl labbr necessary in th6performance of this contract, and failing to do so, shall forfeit to the city -the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract. and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute -governing the making of such improvek meets,- To each of the conditions and stipulations of this contract. including all and'singular the provisions sno Weruis of the plans, profile, specifications and resolution, aeforesafiL the- iando*gned binds himself or its xud the r«Fpective successor or assi_ of srtcn-rarties. -.In Testimony►hereof, We, the forego jig named parties, hereunto sdt our hands this . 23r.-d. day of July 1923, CITY OF SOUTH BEND, INDIANA. L. H. WEBSTER BY L. B. SLAUGHTER Contractor, L. P. HARDY ALBERT F. HONER Its Board of PUblie Works. 0- Cy the ,2 pr¢ ts. ` That we_ L. H Web er:... w 0 lie 001117ty @fs-E- - S1,_ .7®senh _. State of Indiana ---, H AX&fq,rd_Aceiient and Indemni Cam aA ._�. @f the C@Vnq of. _ --_-anccc..:: d State of _ m mmf vri, at@ held and firmly bound to the City of South Bend, Indiana, In the stun of= -.-JM o - thousand mine hundred eighty six ---------------------- --.�oi���� � :..._•a--'�C4ay.sszrra:z.aav,»..ww+ er+s�+.«:. 2� 86 4d4 'VAF § Pa.yMenl of which, well and truly to be made, we jointly and severally Bind 6€lty_! -L _ ., 44miumrators and assigns, firmly by these presents, Tht of the obligation are such that if the'above namid-_... _-_._.._ _shaH faithful, cat*$ with the iagai made and entered into the 23rd • - d of .:............... J L-.f. .._ aaf�tt --"--- with the City of South Bend, Indiana and siiiall fit ai< the eonditions and litiptlht tlt theseW11 M tali , according to the true intent and mea�.ing thereof, in all respects, th@n thtg dull �fidfi td be Va �t�Ifi "e to be and remain in full force and virtue in law. In the eve::; the said City shall @ its d the6 ot 1 e completion of said work, such extension shall not in any way release the attratles an'this bettl This shall be a construction bond. and the sureties on the same $hall not be held telpf) to maintenance and repair of the improvement after it has been accepted bya iaWfld P'a i h#f li it shall he held responsible for the faithful compliance with all other wndfilans, sdpulailtad! end P covered by or set out in fte contract: Tuesday July Nth., 1923. �ontinueai. i ft As tom. 4� �►'.: 4of ties a fana,� Witnesseth, that, the contractor covenants and agrees to Construct Sheet asphalt- pavomeat using Aspha�lb Mexiean( on Brookfield ,Construct from Lincoln Way Nest, to Vassar Avenue, in -the City of. south Bend, Indiaa`na at and for 1Ae following :prices:_ curbing per lin ft....,. ...... ... , . . .. $..60 cement walk per sq. �•......... 8:-Oow i sets Aacho: 0 .......... 13.50 r Moots r ti each 3.00 2 malabsles..curbs and covers, reset each. 3.00 _220 lid.. ft. of 8" vitrified pipe per linft. 1.00 1300 cu. yds. of grading per cu. yd. 1.00 106 lin ft. of marginal curb per lin ft. .40 3546 sq.-yds. of sheet, asphalt pavement using Mexican asphalt per sq, yd. 2.82 4nd to perform A work in the Prosecution of sa'tdti iitoretaent trader and aca to lW tw= &W a alowna of Improvement Res4titio* Xa 33RO ~ed by ft Board of 41Fcr4x2 'Lift 193 and the plans, profile and specifications on e n the oB c* of thi Department 4' Pubffe "Worlta�: �hteh sa# resolution, plans, profile .and specifications are made a part bireof as ftdO ands as It Copied and set out ,herein at full length. The contractor Ittrther expressly covenants and agrees that•in ire. ectttias � said work all groper skill and care �.•ill�e exercised ; that he will properly --�3ra' and PT-otect a 1 excavati� and dangerotts places, and will use all due and proper precaution to prevent itr�ury to :rry person or prpq_e Y; that to The eveizt 01 an injury or damage resulting. from the wor!-- or resulting from any matter or thing connected therewitft or arising therefrom, to any person or property, he =;li pay and Iiquidate the same at his oum .dense, and as. some the tiability therefor, and in the event of any claim or claims -being trade or anyAcden.cr-actions being brought against the city by reAson or on account of or growing vat of sztd work or its cons ion, the said contractor will at. his own expense defend the same, and vAll pay any judgment recovered 1herAn..and will itt ail respects fully indemnify and -save ha less said rity,its officers, agents or. epr�res #rom all cost, expense, payment or judgment recovered in connection with such claim ar rlxsott pr_ And if Within ten days after any such action is begun, the city shall notify the corn racsoe1se VeadeaW thereof, then any iudgment rendered aga nsZthe city shall be conclusive against the the zure *4 his :construction bond. as to'th- amp ,qj, liars' and th �' tg �grzzaet aces re martasn saic��provene av be nsceasa of irks # o * ? � a§ by the swcmmtiom and to secure the M64"a ct. d Olt-.#ii�r�yy� 9 f4 Works a toad, tfrsttfeiex! x tt i � -P . , ; in mog s"h rs`►"fr Work the cmitractor aM� ,��fy � � # llty to the and air orh �ersr for. 'apay i i lrt #fj t � rrit� a ill f the saxtte extent as is xfi ed in the lint pnft J � �1 ±- id It A Nrlbtef s.xr@e4 by and between said part es that the aeeeptasea nit th@ t-fivided to U1 tb lltfid t toy 1H@ilt thereof, shall not co nstitute a waiver on the p&ft a� ttlal€ ®�l t €1_ lflilil p i i tl)lti's1eF il€iF Ri�all it release said contractor or the Murefled on big Mild t4f the f"Otiltil �t �9f Op" ttm € 117AI 0�0 tho acceptance be prima facie evidenea of the erlormaHO W d _�1P��i�tl � t�� FOIA gt=lj Viicppt to tile. extenf, of entitling the contractor to the auntrAct PFIN th@014: `' fillt �tAf # fgot to pAjt for all labor and materials wed or fattilthOdt ll �� elf the l t lliP i RAW in the performance of this contract, whethat dense � f ffil § �. Of fli t ftf 9 P-sl lt004 sil F pil' �r €tll*ootreetor; artcl the city way reserve oflf Of MY d1��6'g�fd� � 1 � f v'R'zl�,r o t :. mina;, or out of the amount him tt 1 . 3 � wad, �� w, ".cessary to pay all laborers " $+rt'' t d lit WA% 9T MAWRA ii;k 3r i ttra5hed to be used in t% pMOfmO'oft § a ttf i t iq V WJ*� W*k trea4grcr. acting as city- treasurer, , I � . d � € - �'. P'wt� impiwie�eet to pay suds debts "tine t ff"W ,f04&� 469-,.. (� f'3 J. I Jolla.& - t c cc,. . ua. to renal _ a �_► ry �' s��, eaVh, aTIA unnaed material in the Patel% a spon the completion of the improvem at or the repairing thereof. The work of making such improvement shall be completed -according to tine teiin of Als t"tN.t1 before the,.......; .-- ..-- - - - - ___ - _day of .... � -- unlum the time for the completion of the sate shall be extetxded ill writ by she d ...fhb.. Wit Arid it is agreed that any such ex en -ion of tr,n�. or any alteration of tbis Contract or Of the ii dmiet EST. witha od of doing such work shall in no way affect the duties, obligations or, lifthilifles of the totttraetor or his stare. slew, It is agreed that the contractor shall not assign this rw tract, or sub -let the work or any part thereof to be done hereunder,wfrhol,t the writ en -o, -nt of the Board of ptIbVC Works. 'It is further agreed a,A 'stipula* d tl,? t tl�2 contractor shall give to residents of salty city and eoutlty preference its the employm-nt of all labor necessary in the performance of this contract, and falling to do Dot ®halt foThit to the city the sum of ten .dollars ,hir each faihxre,to. observe this 'stipidatlott, And upon the performance of all the ternis -and conditions of this contract, and things to he dotle and performed by said contractor the said city 'agrees to cause the cost of deitig suet wont to be ameoge-d, ed}v. ectad ani paid to said contractor in the manner fixed by the statute .governing the ihaking of such Improvo To ea►cb of the Conditions anstipulations of this contract, including all and sirtplar thep€ovisiofss efid terms of the plies, profile, specifications and resolution aforesaid, the us*s#itgnd lyittdo hiweelf or Its' and the rob.pective succcskor or ass:�rs ov sti.^h-rarr.ec. In Testimony whereof, We, the feegeing named pat$ies, hereunto se-t our hands this 21st. day of July 1923. Wxm CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of PUblie Wo—ks WILLISTON CONSTRUCTION COMPANY BY E., A. COATES President, Contractors. CONSTWX T ION BOND its. That we------------------The-_Y[111ia:Lom--Cans-truoj,.:Lgn.-Cjamp n.V bf the Coe:; y of.. St �Ose h Indiana . � ...--------._... e-------------P.__._...._...__.____---�—. State of_______ .._._. _._. _ -... as princi- pal, and .............CC41�24:.�e1�!+of the Cattnty of:_---- ------------ _-- and State of -- -_ New Jersey as sureties, +are Lheld �}and firmly bound to the City of South Bend, Indiana, in the sum of- and for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs; executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above name -...r _.tl�i3I si.e-Dans�►;�ut3.ipn l shalt taithlully �;gmp w;cri :fie lgl'c: q� pg contracf made and entered into the _ 1 a ._._-._.-- ....... day of.....,. with the City of South Bend, Indiana and shall fulfill alf the eondl-dohs and > t @p§ g} according to the true intent ar_d mea.iing thl!reof,. in all respects, tbe#f ;fhjE ahll*ati9?; to �� vot t f3 EFt�tge to be and remaix in fail force and virtue to lave. In the eve. the ' City �h41l * g4 the t}ptp gg tE * t~om letion of said work, such extension shall not in any way relesge eti 64@0 on i§ bcm4o . This shall be a construction bond, and the sureties on the same A411 #4 bo JW4 f#§po fw #10" maintenanceand repair of the improvement after it has been accepted- 4w sf:all be held responsible for the faifi!-Fu1 compliance with all otlisr t#a�;, i�tf axttl se@uiretttent8 �wvered by or set out in the contract. NVITNESS tour hands and seals this. ........ .214N......— , ,slay ....... WILLISTON CONSTRUCTION ANY GLOBE INDEMNITY COI�i RANY�,,,y�„,, (VAT.) � - �q, f BY WM. HAPP, Attorney in f��7BYL) .�...-...f5�.�-� ------- - -- ------- -Presl dent above bond approved this_..__.. _..,2.sa,1....,,..6y -+-$t--SLAg6�'ER L. P. HARDY ALBERT F. HONER. scl a4 Ptbra oaf 470, Miles au J331Y P4ths a 1923ii Continued. PublicImprovement n 2 st. f � , Was enteral. into tbl�►.. � '= = 4 .�►..... 19*. x, br and between Williston Construction Company �rs,►l�rfiiies MW u'Cort-ractor") o ad the 01 *r the Stat a ana s o�tr t s . pro ffi h< ap 1905 V and- 611 aU l Witnesseth, that, the contractor oavenants and agrees to con - street brick.pavement .en .concrete base using Veedersburg Brick, with Bituminous F411er OR lii rietta Street from Broadway to Indiana Avenue, In the City of. South, Bend, Indiana at and for the following prices:- 4 inlets reset each. M00 2 manholes curb snand covers, reset each.. 3.00 8" conduit pipe per lin ft. 1.00 661 cu. yds. of grading per eu. yd. 1.25 56 lin. ft. of marginal curb per lin ft. .40 1755 sq. yds.. of Veedersburg Brick on concrete base per sq. yd. 3.90 Extra concrete per cu. yd. 16.00 Curbing per lift ft. .60 New inlets, eaeh 13.50. and .to perform all work iri the prosecution of said dement under and according ft do Merin, and von" 't�I tnprovement Rescsiertiicm No.�.-.�' " -- adoliteffyi the £bard -of Public W'orks�da� ..�1 L.,,91923 dK,wwasd lee glans, profile and specifications on file in the office of the Department of Public Works, which said res tition, plans, profile and- specifications are made a part hereof as fully and effectually as if copied and set out heMIh at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all groper skill and care will be exercised ; that he zvi11 proper'z and p-zotnct all excavations and dangerous places, acid ariil use all_due%and proper precaution to prevent injury to -tiv person or pro^irty.; that in the event pf and Mdry or damage resulting from the woror res7zltir.j from any r*t�tter or thing connected therewith or arising therefrom, to any person or property, he t ill pap a.rd li aidate the same at his own expense, and as otzme the liability therefor; and in the event of any clairm i or clais being made or any action or actions being brought against the city by reason or on aecowit of or growing out of said work or its construction, the said contractor will at his own expense d.eTend the same, and trill pay any judgment recovered therein. and will in e11 iCespects €ally indemnify and -save harmless said city, its officers, agents or representatives fro'ti3 all cost, d in connection w expense, payment or judgment recovereith 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 andTagainst the surety on his construction bond, as to th- amount, liability and'ether matters peru uiug thereso. • And the contractor agvees to maintain said improvement and make such repairs as may be necessary �.. the period and in* the manner as fixed by the specifications, and to secure the maintenance and repair therecki to.. file with the Board of Public .Works a bond Nvith sufficient surety thereon and in an amount as fixed by the st _ ifications. And in 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 props erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- st action work. > 'And it is further agreed by and between said partws that the acceptance of the work rovidecl for in this Contract, or the payment thereof, shall not constitute a waiver or the part of the city of airy of"the provis- ions 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 h;G assigns, or out of the amount due him or his assigns upon the completion. of the work, so much as may - cessary to pay all laborers or material men 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 work, and the county treasurer, acting as city treasurer, may retain money eolle:ted from property owners assessed for said improvement to pay such debts or until the contractor shows that they have bees paid or satisfied <<> reinu earth. all; untried material in the streets or bid@S Hereto upon the completion or the improvem7.iit or the repairing thereof. The work of making such improvement shall be completed according to the terms 9 thlS<�®ntPset .before .the __.._. .._ m---- + f an em .......:- day o ur'ess the time for theco 71e zon of the say^e shall be eh*er:ried in wr tt' by t',@ Board of uljiie y;�pk�t And it is agreed l,w:f.an� such exteii,lon of tine, or ar-u altere_lion of thls.c6ntract or of t'he maAr�cr�r m$tlta od of doing such work shall in no way affect the duties, obligations or liFilitics of the contraetor or his gure. ties. It -is agreed that the contractor shall not assign this c_ -r tract, or sttb-let the work or any part thereof is fie done hereunder, withor,t the writ`en coasent of the Board n; P ,)Pcc Works, It is furtner agreed and stipula*ed *h8t *ae contractor shall ai�,e to: re'sideents di said city and county preference in the ernploymµnt of all labor necessary in the periotriatice of this contract. and failing to do so, shall forfeit to,.the city the sum of. ten dollars for each failure to olbserve this: stipulation And` upon. the performance of all the terms and conditions of this contract, and thing's to be done and performed by sa _d.contractor the said city agrees to cause the cost of doing such work to be assessed, col= lect.cd and .paidgo said contractor in the manner fixed by the statute governing the making of such improve, tents. To each of the conditions and stipulations of this contract, including all and singular the provf'si€ns and >tertus of the plans, -profil'e=; specifications acid resolution aioresaid, tho undcrei sled binds himself, and the respective successor or .assig ns of such parties. g. tself' . In Testimony Whereof, We,, the foregoing -named parties, hereunto. set our hands this 21st, day of JuALF 1923. CITY OFSOUTH BEND, INDIANA. WILLISTON CONSTRUCTION CO.. BY L. B. SLAUGHTER BY E. ' A. COAT7;S L. P. HARDY President, ALB a T F. HONER Its Beard of Public Works CON- 15TRUC z MN BOND LY tLr:, pre&=' That we ............ ..... WAIII-sttin--- ConshrurdAL@31-_D9_a 'l• the Com'-,ty, of----------1SL-' ®SGj} 1------------------------ State of_ --- Indiana ------------ as princi foal, and ----- 41*b*--- 1at3eI131 :Lty-- C*- --------------------------- ------- ------- of the County, of____________________________ _--___-_ ------arid State of--.- as sureties, are held and firmly bound to the City of South' Bend, Indiana, in the sum of Tbred th l"Ban€1 _E3.9h:L__b.0 drA&.:ll -.Dollars -- o cQ3,s48.00 _ for- --the payment of which, well and truly to be made, we jointly and severally bind ourselves, o-,tr'heirs, executors, adminstrators and assigns, firmly by these presents: The conditions of the obligation are such that if the above named.�_ Williston Censtruetion - Ce. __shaft faithfully co � Mp1y With the #es;egeing a I =tract, made and entered into 11the._. - I g4- ------ ____ dair of with the City of South Bend, Indians and shall fulfill alf the conditiQits and .$tl tl�a`Hiereit� �tg{��f P- according to the trae -intent and mea.iing thereof, in all respects, users thip obligation to be void, other" to be and remain in foil force and virtue in law. In the eve::: the sdd.Cty shall extend the time for the completion of said work, such extension shall not.in any way release -the suretie$ on this bond. This shall be a . construction bond, and the sure lies on the soim6 ill net be helU rquponsible &r tht maintenance and repair of the improvement after it has been accepted by the actmidparty, but such sureties shall be held responsible for the fait"ful compliance with all other eandiitions, stipulations and requirements _ covered by or set out in the -contract. WITNESS our hands and seals this.,_...„,,, . L 8 1ndemnii y C® ,,,�w�._,�„� WILLISTON CONSTRUCTION C BY WM. HAPP, Atty in feet ) ....,g,�.�B'SC'� "���U ---- The above bond approved this......,..-24111 e, ,,..daq a£„,„,...�,:.--,,,fjt __=1q-23.,� .� B. SLAUGHTER L. P. HARDYHEMER �. Beard of rubffa 'Now Public Improvement Contract E 1. r VTPT?MFNT, We and entered into th3.n... ref. �.�► .� .�_.�d .d July, 19...:.'....18._.a, by and between : Hoban & Reach of he 00=ty ...... 1i % e Y Q FVPA .w .. emd � ti�:tie t�.'.. r� ..-i ����'+�►�F'V1'. le'Irf"I�ffIgH`i`i►ti�'�#!� (h@e'ere'erred to as the ' ��otxactor" , and the Cit of youthe, the Mmty of 6t. Joseph, and State -of Ili, dianat by and through its Board of Public Works (h@rgin@Xter referred to as the ' f City") ,. under and by virtue of An Act 9_f the ftnera Assembly of the State of Indiana, entitled "An Act Coneerni iatw � Qavparationei f approved March 6, 1905, and all amendatory and. l#wsrittp.9V Act* thonto 4 Witnesseth. that the contractor nd-Wgree-s to con- enstrust pipe sewer on Cherry Street from Divisi+ _StT10et =tom - Y - k Ctral R. R. Co. In :the City of South Bend, Indiana at and 'for -CU N116wiOg prices: 215 lin. ft. of 10" pipe per lin ft. $2.50 28 lin. ft. of 8" pipe -per lin ft. ,60 23 lin. fto of manholes per lin ft. 7.00. 2 storm water - grates, each 13.00 2 manholes curbs and coves, each 18.00 and to perform all work :in the prosecution of said improvement under and ace W i* A* lima aW @w- ditions of'Improvement .Resoliit`ton Ito. ....12Q2--==-----» pte4 by the )30*rd d PublitV 23 • and the :ptans,.profile arid' specifications �n file ?n the office of the,laepdrtment of PuAIlt . %�r�€�. 'i�h tt M resolution, plaits; profile acid specifications are made a parrt-hereof as fully And altetually; " it .topiod #Rd set out herein at fdii length. 't_he contractor further expressly covenants and agrees that in the prosreutton of sold worh @la prop@? skill and care -will be exercised that he -11 prooer'A�' -•"d p:'o' "'tt a l exeays*'@n8 end danprnii® pl@@As, and ivOl use a1l.. due and pi-ooer-pr,,.;a•nton tc prove t injury to try person or k o�•.xr*t�: diet M *he @vent t and injury or da;ina:ge real ltirg from the zx*�:' or resultir:g from a-;y matter or tljttt P®ttfl�et�d.tiier�w�th �r artsing•therefrom, to any person or property, hY v- Ii nay ar-� lict. date the softie at i� owl yap@its@, and as= sui?ie the liability therefor, and in the event of -any Blair-t or claims being matte or any action or hcll'dne b@in brwigfit against :the city by reason 'or on ?ccount of or growing out of sy.id workor its construction, th@ said contractor will at his own expense defend the same, and vnll pay any judgment recovered therein, and will iff aH respects fully indemnify and save harmless Said city, its o cers, agents or represen€ativee from all c09t expense; payment or judgement recovered in connection with such claim or claims, action action. And whkin ten days after=any such action is begun, the city shall notify, the contractor of the.paide thereof, $hen any judgment rehdeted against the city shall be conclusive against the contmtor AM ig&W#t iW sur9ty ou his construction �Wd, as to th- amount, liability and other matters perWn4 dwrem r uu Ule •cor, cracpQr agrees to ma%ttaih said iimprovcnient a:-u the permed and in the tnanper as fixed by the specifications, and to secure the maintenance a::d repair t ,i to file with t`ie Board of Public Works: a bond with sufficient surety. thereoaand in an amount as fixed 0 specifications. And in doing such repair work the contractor and the surety on his 'guarantee bond shall Ira subject to the same liability to the city and any other person for any injury or, damage to any persc.,: or, pro: - erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the co struction work. Atiid it is further agreed by and between said part"es that the acceptance of the work provided for in tl�s contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- ioof this contract, nor shall -it release- smd--z---7 ar t`r -sureties on his bond for the faithful perform- a.tice thereof; rior shall the acceptance be prima facie evidence of the performance of any provision -of this cvnt)'act, except to the extent of entitling the contra.rtor to the contract price therefor. 1 he contractor agrees to pay for ,all labor and materials used or furnished to be used in the making of F:,ch improvement and in the performance of this contract, whether done or furnished for him, or his agent, a:aignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or ' ' 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 material men for amounts due them for work done or materials used ,r-:uraished to be used in the perfor!rnauce of this contract and'the doing of said wor«, and trie' county treasurer, acting as city treasurer, may retain money colleted from proper@y, owners assessed for Said improvement to pay such debts or until the contractor i? dWs that their Is'a`ite'been na,i;� •fit Safi=�:=cl i ae cont_-a—o: agrees to remo--e all rubbish, earth. and. unused material is the streets or sides there; upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract an m before the __-:-- unless the time for the completion of the same shall lie extended in writing by the Board of Public Work$. 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 -Oork shall in no way affect the duties, obligations or'liabilities of the contractor or his sure. ties, , It is agreed that the contractor shall not assign this c+-r tract. or sub -let the work -or any part thereof to be done hereunder, ivithout .the written consent of the Board of Public Works. It is further agreed and stipulated that th_ contractor shall give to residents of said city and county pi efercnce. in the etftploynl} !nt of all labor necessary in the performance of this contract, and failing to do so, shall t-orfeA to the city the sum of ten dollars for each failure to observe this stipulation. - And'iip1n 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, colt lected and paid to said contractor in the manner fixed by the statute governing the making of such improve, ��snts, T0,Mch of the conditions and stipulations of this contract, including all and singular the prorrivions an*_ ferias `bf the plans, profile, specifications and resolution aforesaid, the ,u a signed buds himself or itzen, and the-r. pective successor or assigns of such Parties. In Rlestimony Whereof, the Wem the foregoing named partiesii hereunto set our bands this 23rd. they of July 1923. . HOBAN & ROACH BY M. J. ROACH Contractor, CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER L. P. ' HARDY ALBERT Fe -HONER Its Board of PUlie Works. CONSTRUCTION BOND L y dace:: pets. That we .......... H4bS i._ � ��h.. .............. ............... ...�.............. of the Coca=,ty of ..........13t,._Jose�ph------------- -----, State of____. �.........SX14�.�i�.._.. ... ---- .-r.�...... as prinei. pal, and ------------- -.. r_ -a L..,Sliz'_o.�t_---COMAZY-o�_-F-A of the County - - ------ - ------and State of---.--- Newy@rk as sureties, are held and firmly bound to the City. of South Bend, Indiana, in the sum of. __ r ~. s ix ----- Dollars ($ 476:00 }, for the payment of which, well and truly to be madef we jointly and severally bind ourselves, mzr.ls executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the d'bove named-.-..,...,. ............... ...... --- _ - -------- shall taith'Uiiy comply with tit€ t4rcguiug igtantract, Vul 1 23. trade and entered into the ...... �, --_. -- ----. dayof.... ...... .�. �� with the City`- of South Berd, in i np and shall fulfill alf the conditions nd +stip't 64 th according to the true intent a._' .mae .rg th eof; in all rep ..-ts, them this -')bl1gi1j6n to -be void, otherwise to be and remain in full force and virtue in law. In the eve.: the said City shW .�it�bd`the thne for the completion of said work, such extension shalt not in any way release this suretleg`bri thi taotid. This shall be a construction bond, and the sureties on' the same 16t the maintenance and repair of the improvement after it has been accepted by the seiGO pftrtj, but such Sureties shall be held responsible for the faitl-ful compliance with all other conditlbns, 860"}aticor, and requirements covered by or set out in the contract. WITNESS our hands and srals this.:._. ...... 2-3X!9:-_:.::._... day Of ....... :.:...:...... :Zli1.�x...LS�2,��.n:.=:�:, AMERICA_ N. SURETY COMPANY OF NE9�9 HOBAN & ROACH' rum >� _ . unt►r� _ Board of FubHe Dior , Engineer filed assessment, roll and final estimate for sewer. on Crescent Avenue from Hill Street to St, Louis Blvd, under Improvement Resolution No. 1073. In the City of South Bend, Indiana. Resolved that notices to the owners be published on the 25th. day of July 1923 and on the 1st. day of August 1923 in the South Bend Daily Tribun and News Times, in said City, stating that this Board will give a hearing on the amounts of such assessments at its office in the City Hall on the Sth. day of August 1923 at 7:15 P.M. Resolved furtht the entire work under the above contract be accepted and approved and the final estimate thereon allowed, Engineer filed assessment roll and final estimate for sewer on Ewing Avenue to Miami Street to Clyde Street, under Improvement Resolution No. 1115. In the City of South Bend, Indiana. Resolved further that notices as to the assessments be publi on the 25th. clay of July 1923 and on the 1st. fty of August 1923 in VE Suth Bend News Times and Tribune in said City, stating that this Board will give hearing on the amounts of such assessments at its offiee in the City Hall on the 8t day of August 1923 at 7:15 P.M. Resolved further that the entire work under the above con- tract be accepted and approved and the final estimate thereon allowed. Communication received from 'A. D. Lewis of the Indiana Bell Tel. Company in regard to poles at 125 No. Olive Street, as fellows: - South Bend, Indiana, July 23rd.,1923. Board of Public Works Sath Bend, Indiana. rsentlaffiea: We have received a complaint that one of our poles in fren$ of 125 N. Olive Street is in the way of a proposed sidewalk to a new fteliing owned by Andrew Balast We have eleven poles on the west side of Olive Street from which we removed our contacts aboutthree years ago, but were unable to remove poles account of befog used by the City for -a fire alarm circuit, It is believed that the City wires can be reouted to existing poles in this neighborhood and permit the removal of the eleven poles on Olive one of which interferes with the proposed sidewalk,- - 4 Tuesday July24th., 1923. Continued. In the event that the City desires to maintain its use of our poles 'n Olive Street, we suggest that the City purchase the ?pol*3 in guestoh. Tours truly,.* iNDIANA BELL -TELEPHONE Company, FILED A. D. _ LEWIS JULY 24-, 923, :Division HOARD OF PUBLIC WORKS Superintendent.- BY L. $. SLAUGHTER President. Communication received from A. D. Lewis Division SuperintenO, of the Indiana Bell Tel. Company relative to complaint albout pole in -rear of 429 Sherman Avenue. Same read and placed on file. Estimated most, filed for eeme»t sidewalk on nest, side of Huey Street from Nor,h line of Mayrts Miehigan.'Avenue Addition to Elwood Avenue at.....,.325*00 WATER SERVICE CONNECTIONS. WHEREAS, the Board of Public, Works on the :.. 11t day of :.'. .� .. July. 1923 192 ... did adapt a resalutio r or3ering and .requiring the permanent improvement.of A-t+��- twet fCP...... .. ....Street to. +Y'@+. .. 4 Street, -by paving the roadway the same, 'and WHEREAS, the City Civil Engineer has prepared and -filed in the office of this Board a report showing the number and location of the service pipes, mains, conduits, lateral, and connections which are, or will be necessary to acenrr:rrceate the abutting property and the owners thereof with gas, water, sewer, and ,other conveniences and neccss.>.ries: anal -Aho Said City -.civil Engineer has prepared and filed in said office specifications showing- the mater•al to be used: and the maner of laying said service pipes mains, conduits, laterals and connections from the mains to the points in- side the curb lines. THEREFORE,. ` be it resolved by the Board of Public Wcrkes of the City of South Bend, Indiana, that the, report of _Crty -'Civil Engineer is adopted, and; sa'd rercrt and the specificaticr.s prepared and f,1Fd._. by him are made a part of this resolution as fully and effectually as if copied herein` at full length; and it is-- _fur-.. they ordered that all of such private. connections with the sewer, gas, and water mains he made in said street by bringing -them inside the curb lines thereof. And be it further resolved that notice by publication far two successive days in South . Bend i �'i>seg _ . j tr a newspaper of general circulation printed ar d publ shed in the City- -of South Bend Indiana, be given to the owners of the property abutting upon said street to be improved directing them to { make such sewer am 'water connections on or before the day of `y 192 and that if said connections are not made on or before said time and in accordance with the speci- fications and repoh on file in the office of the Board of the Public W-crks, then said Board will cause the same to be madeand will asses the cost thereof against the property abutting r_pcn .aid street, and shall do all other things pertaining thereto according - to the provisiors. .ard regcirn•fnis of. Ordinance I`.'o. 1842 adopted by the :_Common Council of the City of South Lend on July 24, 1916, ar.d cf Ell other. crdinarces and law And. be it further resolved • and ordered that after the 20 day Fened . has elapsed for the making cf said connection by the property owners, a notice shall be published for two weeks, cnce each week, in the . Times South. Bend Trd tonne &led Nel►s a newspaper of general circulat*:oo pubhshd in said city, requestir.g bids. from contiaetors for 'the making of such connections as have not been made by the property ow ners, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids sha►' be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas and Electric Ccrrpany, which holds a fran. chise from, and is en»w3reI by said city to furnish artificial gas to the citizens thereof, and is engaged in said blsiness in sxii city, is h.re5y directed to make and install all service connections with its mains in said { street in accordance with the provisions of Ordinance No. 1555 adopted June 27 1910 and such ether ordi-'i Hanes or laws applicable thereto; which ecnnecticns 'Ere ff.cwn r:Fc.n the rcFctf cf, .Ile 'City Civil Engineer, and which are hereby- declared, to .lie necessary in supplying _, g s to the owner of property abutting upcn said street. - .. �! $f'it 'tk � :_ 5 i 1 +► i IB. 8LAUGHTER -ALBERT F. HONER Tuesda 1 The city engineer submitted the list of property owners in the matter of the appre riati€an of certain property°under Condemnation Resolution No. 75 Of the Opening of 0 Brien Street, from Mayr s- Michigan _Ave, Addition to Elwood Avenue, in the City of South Bend, Indians. Which list inetes• *Lhe° names, of the -owners and holders of property and of interests therein sought to be taken or beneficially or injuriously aff3eted; and the description of the several pieces ofmpreperty which is affected by the said proceedings, - Thereupon the Board proceeded toaward the damages sustained, and to assess the benefits scouring to each piece of property upon said list. It was thereupon, upon motion duly made and seconded and unanimous- ly adopted, resolved that,said list, together with the amounts of benefits and damages and netbehefits and net damages therein set forth as to the several parcels of land be adopted and the respective amount of benefits contained in said list be and are hereby assessed against the several tracts of land as specifically 'set forth in said lists, and shot the respective amounts of damages contained in the said list be and are he eby awarded to the several tracts of land as specifically set forth in said list, and that the bnet benefits or net damages, as the case may be as to the respestiv tracts of land, contained, in said list, are hereby awarded_ob assessed, as the easo may be as to the said several tracts of land. . The Board hereby further sets off the benefits and damages each against the other wheberx both benefits and damages are assessed, gainst the same piece of property tract of land or interest, and hereby fixes said respective net heneafits as the &Mount that shall be paid by the respeetve owners as benefits, ---and further hereby fixes the respective net damages as to the several tracts as the amount that shall be paid to the owners of the respective tracts as damages, 111ere-upobt open motion duly made and seconded and unanimously adopts bhe '24th.:dayY4f .Oetober<)�-j23at7:15 P. M. was fixed as the day which this Board will repeived or hear remon—atranceff- from persons with regard t the amount of their reppec- Live awards or assessments, as the Clerk, of this Board was instructed to prepare and wause t, bo duly and legally given, notices to the owners of each parcel of property gh®wi,x, th amount of the assessment or awards with a description of the pro- perty affected, and the date of said hearing. Engineer filed assessment roll of awards of damages and assessments bd benefits under Vacation Resolution No. 77 for the Vacation of Tutt Street from W, line of alley west of Lafayette Street to Prairie Avenue, in the City of South Bend, Indiana. The Board has ordered that notices of such awards of damages and assessments of benefits be served according to law, and that a hearing be had on the lath. day of October 1923 at 7:15 P.M. for the purpose of hearing or receiving objections of any persons interested in said me.tter. Engineer filed assessment roll aped of awards of damages and assessp Monts of benefits under Vacation Resolutien.Ne, 74 for the Vacation of alley south of Dubatil-Avenue from 2nd. &alley west of Miami Street til Miami Street, in the City of South Bend, Indiana:. The Board has ordered that notices of such awards of damages and assessments of benefits be served according to law, and that a hearing hbe had on the 22xkxxdIK3[xnf 17th. day of October 1923 at 7:15 P.M. fo the purpose of hearing_ or receiving.objections of any persons interested in said matter. Nngineer filed assessment roll of awards of damages and assess" Monts of benefits under Vacation Resolution No. 76 in the City of South Bend, Indiana, The Board has ordered that notices of such awards of damages and assessments of benefits be served according to law, and that a hearing be had on the 17th. day of October 1923 at 7:15 P.M. for the purpose of hearing or receiving objections of any persons interested in said matter. Engineer filed assessment roll of awards of damages and assessments of benefits under Vacation Resolution No. 75 for the Vacation of Donald Street from Fellows Street to Rush Street and the alley east of Fellows Street and Rush Street from Donald Street to the first, alley north of Donald Street. in the City of South. Bend, Indiana. The Board had ordered that notices of such awards of damages and assessments of benefits be served according to law, and that a hearing be had on the 17th, day of October 1923 at 7:15 P.M, for the purpose of hearing or receiving ob ject l6l of any persons interested in said matter, 4:77 Partial estimate No, 2 for,the asphaltic cenc�rete pavement on bn Marine Street from Dayton Street to� Indiana Avenue allowed -to Williston Construetion Co,- at. O • •k • • *-o$2*306.87 Attested! - Pro t. Clerk of the Board.