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Home My WebLink About08/07/1923 Board of Public Works MinutesTile 14 Board met in regular'session at 9:00 A.IL, All membersPreient. City Engineer had uP .-matter of , backfilling of suer trenches ` with Gust F. Santry of the Gust,-F, Santry Company an `v4ri®us sewer improvement contrgcts Board instructed City Engineerto!=see that Contractor finished his irk Properly.; i Bids were received opened and read an the fallowing improvements* .Cineerete Pavement on Sunnyside'Avenue. ' • • gid of Reith-Riley Con6truction Co. Walk Per sq,, ft $.20 Curb Per lin ft.: _.60 Grading PePr cu. dr 1.00 Sheet asPhalt 'Mexican` Per sq yd. 2.86 Concrete Pavement Per sq. yd;,. 2.45 " AsPhaltic coneete Pavement Mexfean P.q Per xs { ydR 2.45 8 inch conduit PiPe Per: lin `ft-. i.6b storm water inlets, each 18.00 Marginal curb Per lin ft, .40, Resetting inlets, each 30 . �r ; Resetting manhele covers, each 3.00 Cheek 0313 00 Bid of White .Construction -Company Walk Per sq. t%. Curb Per lin Pt " AGrading Per cq.. ! yd. _Sheet asFhalt'tti'Al did P4r ,sq, yd. Sheet asphalt Mexian Pe; sq' yti AsPhaltic Vonoret Me"'I'iegn Per sq, yd? asphaltic concrete Trinidad, Per sq'I: Ord. 8 inch condulT pipe per lin 'fti° Storm. water, inlet;a,,_ daeh Marginal cuff- per lin ft . Resetti�3g' inlets, eaQ.�i' ° Resetting msnhoLe ; caQ� .:eaeli ��eolr �31��d Biagi of , Hib&n & Roach. Grading pet su yd�, 7 inch condrortb _pavement g*r a -1 Yd- i 8 inch conduit pipe per lin ttL Stare water inlets, �aeh Resetting inlets, each` Resetting, =nhsle oc-vers,; *aeh Cho4k 4313! Bid of Williston Construction Co.- walk per sq. ft. cement curb per 11n ft. Grading per cu, yd. Sheet asphalt per sq. :yd. Trinidad Sheet, asphalt Mexican per sq. yd. Asphaltic concrete Trinidad per sq, yd* , Asphaltic concrete Mgxican per sq.; yd. 8 inch conduit pipe -per lin f�, Storm water -inlets, ,each Marginal curb per lin ft. Resetting inlets, each. Resetting: manholes eo*ars-, each Chuck $3,,13,00 . 20 .5Q 3 J3 2.93 63 2*83 13�,�► F � 2'.75 9�OQ 3*: ,20 .50 2,82 2.59 1.00 12.50 `.40 3.00 3.00 10 �0 508 srad+e.$ enrb and walk an Ewing Avenue, Bit -of Whitcomb & Keller Walk per �sq . -ft. .20 Grades ---curb --and va k on Jaen Street From mlAt St. is -Eiw®od Avona.e . Bid -of Whitcomb &. K-eherr* Walk per sq. ft...& Curb per `lin -fto .3 Grading per vu.. yd. .85 _ Pavement ion -ally =south -of `T-h aw 'Street from Chapin Street to Laurel Street,: Bid of Hoban & Riach. _- 'Grading per eu, yd. $1,50 7 ihgh concrete pavement per sq-. yd. 2.75 Chuck $100.00 -PIPE SEDER ON O'Biren Streets from Lincoln Way West to Vassar Avenue* Bid of 12 inch sewer per lin ft. 2.75 6 inch sewer per-lin ft. l X0 8 inch sewer per ,tin ft. .90 ,Manholes per Lft ft.. . "Storm oa er inlets, -each ., iianb-6114 orbs and covers Bath Bid of I. W. Staples 12 inc}y sewer per lin ft. 8 .inch sewer per 1In ft. 6 inch sewer per tin ft. .Manholes per lin ft,. .Maxotol,es curbs and .+eevars, eawh Storm �ebr inlets_, each Check`$100.00 Bid of Hoban & Roach ,12 inch sewer -per Iin ft. a 8 inch sewer per lin ft. 6 inch sewer per lin ft. Manholes per ft.,, •Manhol.es _ eurbs and covers, " each Storm water unlets, each Lampheles complete 8.00 10.00 18.00 2.~75 '90 8:00 18.00 10.00 3.80 .6o 1.00 8.00 18.90 9.00 9.00 PIPE SEWER ON HUMBOLDT STREET FROM CLEVELAND AVENUE TO A ?DINT 184 FEET E. LINE' OF CLEVELAND AVENUE, Bid of Hoban & .Reach, , -10 inch sewer per lin ft. 3.00 • 8 inch sewer per lin ft. .60 6 insh•sewor per lin ft. 1.00 -Manholes per ft. 7.00 -Manholes curbs and covers, each 18.00 •Storm water inlets, each 9.00 Check 0100.00 i 5 n X-IN .. PIPE SEWER ON SANCOME AVENUE FROM L. WAY EAST TO LA PORTE AVENUE. Bid of Hoban & Roach . 10 inch sewer per lin ft.3.20 6 inch sewer per lin ft, 1.00 Manholwa per lin ft,,8100 Manholes curbs and covers, each 18100 Cheek 0100,00 SUB TRUNK SEWER ON ST. PETER STREET FROM. SOUTH BEND AVENUE TO NAPOLEON STREET. Bid of L. •H. Webpter;' { ?4,ineh'vitrifie-d,pipe sewer per iin ft. $6.60 22'ineh vitrified pipe sewer per lin ft. 6.00 18 inch vitrified pipe sewer per fin ft. 5.00 15.inch vitrified pipe'sewer per lin ft, ,00 I2.inch vitrified pipe sewer per lin ft. 3,70 B.inch vitrified pipe sewer per lin ft. - 1.00 6 1nkh vitrified pipe sewer per lin ft. 1.30 1ftakeles per -ft. 7.50 Manholes curbs,and covers, each 20,00 Storm. &ter inlets, each 10.00 Check $888.00 All .of the above bids were referred to the City Exgineer� for tabluatdan to be reported'.en Wednesday August 8th., 1923. at 7:15 P.M: Board..ordered Clerk to notify Bondixg.Company of Harry Pentarelli that, if sewer on Campau Street is not seen started that the Board will take action against the Bonding Company, Board ordered a thirty day notice sent to the property owners at Northwest; corner of La Monte Terrace and Portage Avenuetoconstruct or repair walk in Front of property, or same would be put in by City Contra ate rs=. Y Board instrusted"sClerk to investigate and see if areaway hasbeenremoved from City property in front of 114 E. Jefferson Street and if it is not is refer this matter to the -City Attmxey for action. Partial estimate No. 2 allowed #or grade, eurb and walk sh Streets and alloys in Parker & Allex&s Addition to Highways Improvement Company at.,,,S1,801..58. Partial. estimate No. 2 for ggrade, curb and walk on Woodlawn Addition to Highways Improvement Company nt,....,,,$3,766.35 Partial estimate No, 2 for grade, curb and walk on North Shore Drive Terrace to Highways Improvement Co. at......$39152.48 Estimated cost of pavement on,alley North of La Monte Terrace filed at......$20570.00 Petition filed and resoution ordered to the vacation of a certain 16 ft. alley along.zlde south side.of Lot 25 in Goo, W, Swygart's Plat. . Petition filed -and approved for 1924 for pavement on West Kenwood Avenue from North Johnson Street to No, Olive Street, Inspector -reported that no light was necessary at the corner of Michigan Street and E..Donald Street as per ia"ztpetition filed.. _ Pstial estimate allowed Williston Construction Company for pavement on.Harper Court at ....... $784.87 Partial estimate allowed Williston Construction Company for pavement on Poland Street.at.......41,883,52 Partial estimate No, 1 for the pavement on Yukon Avenue allowed to Williston Construction Company at.....$2,139,66 Partial estimate Ne, 2 for pavement on Edgewater Drive and Harper Ct. allowed to Williston Construction Co, at... .... $19225,05 Complaint tiled about 1;*lsphone,p0les at 1533 South Lebannox St, Refferred to the Inspoetor. Iaspeet *r reported no light neeetawfyat I&e corner of E. -Bowman Street and Dale Avenue as per petition filed, Petition' filed for light; on ,north 7th. Street near Grand Truce Western Railway Co. Referred to Inspector for report. Board instructed clerk to bold up advertising of bids on the following paw improvements. McCartney Street, Dayton Street, Kin"n.Street, Eiders Avenue, High Street, Clyde Street, Bowmn Street, Roberts Street sad Dubail Avenue. The following resolution was adopted by the Board. STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 12480 Be .it Resolped by the Beard ef.Public Works of the City of South Bead, St.,Jo.soph Couxty,-St*to of Indiana, that it is desired and deemed heseass neses-sary«to improve Lafayette Boulevard from La Sail* Avenue to Jefferson Blvd. as Follows, Said Boulevard shall be graded and the roadway thereof shall be widened to,a width of 5* feet; and paved, also the roadways of certain portions of the streets and alloys which enter or intersect said boulevard shall be graded and paved The paving material t®.be used in' making said improvement shall be sheet asphalt, bil�ulithiao. a¢ohaltie concrete or brick, and the feuds- tiox shall be portlaKd cement eonerete six (6) inches thick for the sheet asphalt* bitulit►hie, asphaltic concrete and brick, also cement curb shall be constructed along said boulevard where same is necessary and not already con- structed, MS&h*Je8tL storm water inlets and conduits shall be constructed where necessary; all manhole tops and storm water inlets shall beset to the proper grade, Cement marginal.eurb shall be constructed at all street and alley inter- sections where.neeessary, all as is more particularly shown and all in aecordane with the plans, profiles, detail drawin g s and specifications on file in the 0#ftee of the DQpartmont of Public Works of the Citgr of South Bend, Indiana. semont *ems VmTtfta fto, t*me +eltW am1 go.we "des the property "eef nr benehtted, to the aspount bat' the m@ Oftesse$ there tvt In aseordance with an Act of the General Assembly at #b® eta q* dIM? `Ad �t:oneerai ig nt4 *Run pal Corporations, s�proved iltarc�i 1904 acid 6k se®®Md Milt #Ad V11fa1�1S" SO die Wove dons at IM sets amendatory and;;;ppfeme3tat Ilherpio, The cost of all street and alley intersections, fpd¢dtng one -ohs* tr ' & #ids jW So JMpreV%MMt site street and alleys which run into, but do not erom said roadway hereft Vaposed tb be, tnw& ed and tbw portion of such street or alley abutting upon property belonging to said -City. or upon Wtoparty not subject is such assessment, shall be paid by the City in _+eash out of its general fund, M able to do no, as fteat a toad we- iced -by a special assessment to be levied 'Under the provisions of Section 103 of the above amtitled Ate. As;ersfnents of ten dollars and more against each. lot, it deferred. are to be path in Ilan sq*M amn*A ilk. staliinents, L w_th interest at the rate of Six per cent per'annnm. 1 bond or *M& Will to *med jo tha obi• tractor to the amount of such deferred assessments 9n pea saes payment for smtdi fmps'ovemmat. Under no circumstances shall the city of South $end be, or be, bad TesponslMe for wW. Sam or sums due from said property owner or owners for said work, or tar the eoheetiubLW. th-atssme, 4w !or the payment of atty bond, bonds, Certificate or cer°'iucates, issued to said contractor in payment for such work, gxc%4 ter such moneys as shall have actually been received by the City from the assessments for such improvemsat, or Rash monege as said City is by said entitled Act and Amendment and supplements thereto required to pap. AU proceedings' had, and Rork done in the making of said i-nnroveE ent, asse€,-�mei t of property, eollection of W B-snaents and issuance of bonds therefor, shall be va;proddcd fCrU Said above entitled A4. and Actsamen& tear$ fherea and supplemental thereto. THLR ytESOLvED, That the Board of PuM.a Work, fix the..........5 ��6 ff or ... , , , .. _ A. „ Y at th a hour of 7 5 P. M., at t*�e o1'lce Of the BosrQ of Palilie Works, of this City; as the °dire e�fl pV ee -for the public cc: F�'' tion of said proposed improw.,ment, at wflieh « said Board -of 'Public Works will rear all perso-is intoc-: ed, or property is Iiable to be assessed for said Improvement, and will decide whether the bete= tn, to the ,pro :c�Ly liP.l'le to be asserted for said ImbY'MInetit Will: equal the estimated cost thereof. public considers BE JT• PURT14ER RESOLVED, That notice .of the time and place of "Ch Ushed as the mower pro c� �b�y IaWv No*tee of this rezolution shall be published on tha "� day of %�$r....and on the.1O:LR.tiey et- Au$u$t• •1923. • •• In the South send DeW Tribune & News of. Shia ..I"Wa-V..e...e.......ear t�i........... rAttgtMlt'l ,ar.:rsa Y 2a.�.. :Times. BOARD OF PUBLIC WORKS Attested: - Veronica C. $woeney Clerk of Board, L. B. SLAUGHTER L. P. HARDY ALBERT P. -HONER 0 Tuesday Auszusi 7th.. 1923. Cent, { R u Engineer filed assessarent roll and final estimate far water eonneetins an Brookfield Street from Lincoln Ws� West to Vassar- Avenue, under Improve merit Resolution No. 1197. In the City of South Bend, Indians„ on Qw 9t1w, d eC A st: 192T-c 16t1r. day of Aumzst 1923 in the South Bend Tribune &-Rd Now@ Times s stating that this Board will give a hesr ng.-en' the (Amoun.ta oa of suit e, ses"sments . at. its toff lee. in the- C1 ty Ha11 9n the 2.9-th. day of August. 1923 . at 7:15 P.M. Resolved further, tha th the entire work under the above contract be accepted and approved and the finU estimate thereon allowed, Engineer filed assessment rail and final estimate for water connections on Serin Street, from St. Louis Blvd. to Notre Dab Avenue, under Tmprevement Resolution No. 117G. In the City of South Bend, Indian* Resolved that notices as to the.assessnents be published on the 9t,h day of August 1923 and -on the 16th. day of August ' 1923 in the South bend Trinune and News Times, in said City,.stating that this Board will give a hearing on the amount of assessments at its offi-ce in the City I1all on the 29th. day of August 1923 at 7:15 P.M. Resolved further that the enrie work under the above contraet be accepted and Approved and the final estimate thereon allowed,, Engineer filed assessment roll and final estimate for water connections on, Yukon Avenue from Portage Avenue is Riverside Drive, under Improvement Resolution No. 1227. In the City of South Bend, Indiana. Resolved that, notices to to the assessments be published on the 9th. day of August, 1923 and on the 16th. day of August 1923 in the South bend Tribyne and News Times, stating that this Board Will givet.a, wring on the amounts of such assessments at its office -in the City Hall on the 29th, day of August 1923 at 7:15 P.M. Resolved further, that the entire work under the above eontraet be accepted and approved and the final estimate thereon allowed. The following bonds and contracts were approved. bimprovement, Contratt F � �i= THIS f R �M� T,. Made anal ettered into $Sds�4. Q x All ar f. 3;, .s._..... Y9-.. and betwe Je1i9.' 40 -14M+;' +l��as4�*t'•..`iAiPtt�!as�•ai S�is.'ts$ f.a'rs.•aaInd :IBllaIrIFFlt`Itts#t1 +o� r to as. the `Contaactor't h " QOVA4 at . JONOVh, and State of Indiana, b* referred to as the. 41 $Ci.ty,* A) des and.V Vjr ' � Assembly of the State of Indiana, entitled s."An Act COW rati ono," approved March 6, 1905, and all matt ° . �►� Preto Witnesseth, that the contractor covenants and agrees to construct sidewalk and grading an the south side of Corby Street from Walsh Street to east line of Park Place. In the City of South Bend, Indiana at and for the following prices:-. 2730 sq • ft • of cement walk per sq. ft. $ 47 35 cu. yds. of grading per cu.- yd. 70 512 Tues 3 7th. , 1923. Continued, and to perform all work in -the prosecution of said improvement under and according to the terms and corn . ditions of ;Improvement Pesolation No.. Z_ S8 . adopted by the Board of Public Works --- XaX_21A. 23 - and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolution, pi'ans, profile. arid specifications are mane a part hereof as fully and effectually as if copied and set out herein at full length. - e contractor further expressly: covenant's and agrees that in the prosecution of said work all proper s1-ill an.d,care � i'•l be exerc=s--3;. th-t he :'I. --on� sle`:T = l 1" n*^ct all excavations and dangerous places, d � ;n uk all due a.rd prooer pre r aulion * or i liury ro r.v person or_ prc rty; that in the event nt an�x, itiju ry or damage restiltin.g from t?,e 1�*�_: ^r 1 -vr^n -.v r �t*.er or th �az corrActPd therewith or arising they from, to any'pers^n'or proper y, t-v ti rev a . r._..date the same zt t own expense, and -as- sume, -the lia�ilhy therefor; and in the evQnL_of any cxa.i i or:clairns being made or any action or actions being brought against the .city by reason or on ^scour t of or growing out of s::d w.)r'<- c r its construction, th, sa. d , contractor will at his owrt expense defend the -same, and v;ill pay any jildgrneat recovered therein. and will in all respects fully indemnify and save harmless said city, its officers, agents "ar representatives from all cost, expense, payment'or :judgment recovered in connection with such claim or claims, action or actions. And 'f within ten days after any such faction is begun, the city shall notify the contractor of the pendenev thereof; then any judgment rendered against the city shall -be conclusive against the contractor and against the surety on his construction bond, as to th- amount. liability and other matters pertaining thereto. f'i rt>i aiX)'&es "sG tila;iizain said ixnprovenient ai.�, is ake- Such repairs as may u. the e'ttod an4 its the manner as fixed by the specifications, and to §eci re the maintenance and repair. the r!=�Ak to file, with trle Board of Public Works a bond with sufficient _surety thereon and in an arnount as, fixed by V�,,� specifications, And in doing such fepaii work the contractor and the' surety on his guarantee bond shall b p0ject to the same liability to the city and any other person for any injury or damage to any person Qr prop- frty in thvsame manner and to the same extent as is fixed in the last preceding paragraph covering the can•- s'Gruction work. And it is further agreed by and between said rart�s that the acceptance of the wont rovided for ih this cptitmet, on the payment'- jhereof,- shall not constitute a waiver on the part of the city of any of the p�rovis- _ lot,s of this: ecmxract„nor shall it release said contractor or the sureties on his bond for the faithful, perform. slice 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 dwitraetor agrees to pay for all labor and materials used or furnished to be used in the malting of such huprovenicht and in toe performance .of this contract, whether done or furnished for him, or his agent, RaNignee, 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 Avorlt,4o rough as ma . cessary to pay all laborexs or materia, men for amounts. due them for work done or materials uses .)r furnished to be used in the performance of this contract and the doing of said worg, and the county t"asyrer, acting as, city treasurer, may retain moniev, collected -froth property k�WIl{eg sp awss)esystA for said improvement to pay such debts or until the .contractor Flows thstt they hivs been erYn > a1I rzt';' sit, earth. atiq uni sed ina.terial in; the streets cis �tdce thercol upon the completion ,of the .mrrove nt or the reps Ling thereof, The work of making such improvement shall be ^ombl'eted according to the ter,�ts of this eorttrttet ®� of before the.... . - dap af__ --- - -- - 1�,Y.n....� unless. the time for the completion of the sa:- a shall be extended In writi: g by the Board of Public Works, And it is agreed that any such extencion of time. or any alteration of this c, ,n. tract or of the matiner or teeth• od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor dr his au ties, w It is agreed that the contractor shall not assign this cr;, tract. or Alb -let the work or any part thereof to be done heretinder,- without the writ -en con s-m of the Board or Public Works. It is further agreed and stipula*..ed that tl e contractor shah give to, residents of said city and county preference ifi the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the stem 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 saidclty agrees to cause the cost of doing such work to be assessed, col- lected arid. paid to said contractor in the manner fixed by the statute governing -the making of such irmprove* ;coats. To each of the Conditions and stipulations of this contract, including all and singular the provisions anA terris of the plans, profile, specifications and resolution aforesaid, tho underoigned `binds himself or jtsell, and the rr-,:pective successor or assir of such. carder. IN TESTIMONY WHEREOF, WEL the following named parties, hereunto set, our bands this 6th. day of August 1923. CITY OF SOUTH BEND, INDIANA JOE MILLER 'BY.-L. B, SLAUGHTER Contraeter. L. P. HARDY ALBERT F. HONER Ii,s Board of PUblie Works CONSTRUCTION BOND e !! nt= by thcm presorts. That of the County of st, . Joseph- State of._,._ Ind i aras• as pried. pat, end Federal 9ure.W Company of the t MXgXV_Hi1- .@ ven art _ and State of Iowa as sureties, are held and firmly bound to the City of South Send, Indiana, is the sum of g hta 1. '.d .. ire,L-------------------------- _�ollars 0213.00 1. for the payment of which, well and truly to be made, we jointly and severally bind curselvesp ow helfs, xecutors, adminstrators and assigns, firmly by these presents. The conditions 4 the obligation are such .that if the above names ----•- ,.. �....�.: 513 August 7th- 1923. Cant inue_d, ....___._...-_--•.W------------- Alp ... YMP.�_------- _---- -------: ---- --.-shall faithfully comply with the foregoing contract, made and entered into the .-—---- _----------- �� i,- day of _--�Ojyt with the City of mouth Bend. Indians an mall iar,- l alfth� conditions an st stipulations therein contained, according to the true intent 4r_d rnea�,.n th—eof, in all, res, I As, then this .)bligation to. be void, otherwis¢ to be and remain in full force and virtue in law. In the eve,.. the said City 'shall extend the time for the completion of said 'work, such extension shall not`in auy 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 lie 'held responsible for the fait'-ful compliance with all -other conditions, stipulations and requirements covered by or set out in 'the contract v1 i I dT'� _-- - --Ts- ' ! ._ S our hands and se::ts this_....---...��,yl....-.-.._......tin,+ �a�...,:-,--_-Au�U.;S�1,�,..a,�2�:... - ... .._.W.......................................... ......,.._.:-......._( , 'I'lic :..hove bond approved L. B. SLAUGHTER Roard 01 tlb! NOVI Pubbc Improvement +"nilract F THIS AGnEMM, Made and ettered into this.:...,. lst� -� - ��,, 19..,-.:., by end between, Gerald McGillicuddy St . Joseph �,�1......y, h. $i,ri, - _ - - - e} the �ik�4�..s�,4*tlMi�iatats�.s�.i �7V�iZrg iT1.t�ia.s:llr1# Indiana �ff pmw : be remoter.. furred, to as the 1TWntraot.= 111 Md the City of South Bend# in a 0er=V vr, t. Jps*Vh, + nil State of Indiana, by and throu& its Board of ftbx:i ,go $ h re saner referred to as the ; r City") , under• and by virtue of 8 ,e 15eneral Assembly of - the State of Indiana, entitled,', `An Act Cowerri1z6.UUV"_1.w pal porations,"approved March 8, 1.905, and. -,all amsufttdzT 0A& AUYYi t acts ereto;. Witn.esseth, that the contractor covenants and agrees to construct. pipes sewer an l yton Street from Caresline Street to 409 feet east of Center of Caroline, Street, in the City of South Bend, Indiana at and fir the following prices: 409 lin. ft. of 10" pipe -per lin ft. $2.40 64 lin. ft. of 8" pipe per lin ft. .60 168 lin. ft. of 6" house connections per lin ft. 1.15 19 lin. ft. of manholes per lin ft. 8.00 4 storm water grates, each 10.00 2 manholes curbs and covers, each 18.00 and to perform all wow in the prosecution ofsaid improvement under and according to the terms and eoci, ditions of :Improvement Resolution No.adopted by the Board of Public Works, ` t?1.ay Rth 11923. and the plans, profile and specifications on file in the ofrice of the Department of Public Works, which said resolution, plans, profile and specifications are made. a part- hereof a* hilly and effectually as if copied and set out herein at full length. The contractor further expressly covenapts and agrees that in the prosecution of said work all proper skill and care will be exercised; that he ill proper'-y d and potect all excavations and dangerous ,places, and will use all due ar,d proper precaution -to prevent injv.ry to ..ny person or proY erty; that in the event of any injury or damage resulting from the w or'- or resnHrg from any matter or thing connected therewith or arising therefrom, to any person or property, he v-11 pay atl i lict idate the same at his own expense, and as- sume -the liability therefor -. and in the event of anv claim or claims being;made or anv action dr actions be-i#ig brought against the city by reason or on account of or growing out of s-.iri worn or its construction; the said contractor will at his own expense defend the same, and will pit-�-judgment recovered therein, and will in all respects fully indemnify and save harmless said city,_ it of c-r��erk s%- ,�reoreseritatives from all cost, expense, payment or judgment recovered in connection wi sitcb c aim or claims, action or actions. And if within ten days after any such, action is begun, the city shall notif j, the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to tbv amount, liability and other matters pertaining thereto 1:nd the contractor agrees to maintain said inprovement and inake such repairs as may be necessary f- a thereof the a nod and in the; manner as fixed by the specifications, and to secure the maintenance and repair- to e with the Board of Public Works a -bond tivith sufficient surety thereon and in an autount as fixed by the spsci catt®ns. And in doing such repair work the contractor and the surety on his guarantee bond #U411 be subject to the saute liability to the city and any other person for any injury or damage to any peru.= or p p- cyty In the same spanner and to the. same extent as is fixed in the last preceding paragraph covering the sour street#on work. ,And Win further agreed by and between said rartyws that the acceptance of the work provided for in this contrs,et, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis= lofts 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 provi®iou of this ,culAttact, 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 fr the performance of this contract, whether done or furnished for him, or his ageent, assignee, auccessor or subcontractor-, and the city may reserve out of any allowance shade on any estirnats in favor of the contractor or I— assigns, or out of the amount due him or his assigns upon the completion of the work, s® much as mad-=ssary to pay all laborers or material men�' for amounts due these for stork done or materials used or furnished to be used in the performance of this contract and the doisfg of said work, and the county treasurer, acting as city treasurer, may retain money a olle:ted from property owners assessed for said impr9yeuient to pay such debts or until the contractor shows that they hate been tiai(J 9,rls st 7th 1923 Continued. 4�- M C.r- u; s to remo- 2 all rub'. sh. earth, and un+:sed material in al} on the completion of the imrrovein It or the repairing thereof. The wdrk of making such improvement shall be completed according to the before the ------------ ---------------------------- --------------------------------- .__day of__. - - - •._...::.:_.. .unless the time for the completion of the sai-e shall be extended in v>ritir,g by And it is agreed that any such extensi.on of time. or ar-v altera`ion of this contrai od of doing such work shall in no way -affect the duties, obligations or liabilities ties. It is ;agreed that the contractor shall not assign this cr;r YTnrt. or sub -let the be done hereunder; without the v rit`en o_. .n)- of the Board o{ Public Works. It is further agreed a„rl stipulated ,-1.,-at t%2 contractor shall aive to reside preference in the emplovir. rit of 911 labor necessary in the verforrraance of this i Shall forfeit to the city the sum of ttn dollars for each failure to observe this s And upon theperformanc- of all the terms and conditions of this contract performed by said contractor the said city agrees to.cause the cost of doing su, elected and paid to said contractor in the manner fixed by the statute governing t] To each of the conditions and stipulations of this contract, including all and tervzs of the plans, profile, specifications and resolution aioresaid, the undcrgig and the rawpective s_ cccssor or ass:;,--_s ,,r �.,.• , t Pc. ae .streets, or sides thereol .rnis of this contract on or ., 19.. .., e Board of Public Works. or of the manner or meth - the contractor or his sure cork or any part thereof to is of said city and county )ntract, and failing to do so, pulation. and things to be done and i work to be assessed, col- making'of_such imptove ,ingular the .provisions and ed hinds himself or itself,, In Testimony Whereof, We, the foregoing [ngrned- parties, hereunto set our hands this Ist. day of August 1'9 3. CITY OF SOUTH BEND, INDI ANA. L. Be SLAUGHTER L. P. HArDY' ALBERT F HONER Its Board of Public Works D MCGILLICUDDY Contractor, CONSTWCT-I. 1y %0ND s ; . 0! Mm $y thc,= PtWCzft, ' `f batgwe_ gwe__ -- I>r` I r�ttddy. _ +e +Con. x�ty Indiana r it >ndard : Accident id.ent Insure,nee. ' ompa y' psai, end,... ' �yJ(/pryry�,�A� �r of the +County at - -, o�aiTi a -, e i n assureties, are held and gm* bow to the GtY of nth Bend, Indiana, in sum of Seven hundred ---------- ollars 0 727.00 1 for the pal merit of wMch,1 vreH and truly to be made, we jointly and seveital ly bind ourselves, cw hdrs, •xtqutors,4 adminstrators .and -assigns, firmly by these presents. The renditions of the obligatiou are such that if the above name& _..........Sa.$. ld McGillicuddy - .......»•..•...:...r..-....--....._-- ----- --.mall ta:th:uny comply v✓itz ;he foregoing contract. made atnd entered into ._ .. _.a. _t *--- ---- - — - dayoL------------- ----- Au s_t_ 1923. With. the Cie of South Bend, Indiana and shall. fulfill al the c a -ed` y conditions and s ipula.tions therein contained, according to the tf'ue intent. ar_d mea�iing thereof, in all respt cis, then thig ob igation to be void, otherwise to be and remain in full -farce and virtr_e. in law. In -the eve:__ the said City s ail -extend the time for the completion oisaid work,such extension shall not in any way release the sure ies on this bond. This 4hall be a cor_struction 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, :butsuch sttreties- shall beheld responsible for the €aitl*ful compliance with all other conditions, stipulations and requirements covered by or sa out in Ifm contrscL I'INESS scar hands: and seals this ....... �._6t.._.. _..day c�#.......... ....�: use 1 2 . 19 ,......... � E A L) -STANDARD ACC DENT INSURANC - 0 ANY _------------------------.--_--_._ ...•-- ......._..---.......(51 AL) BY- bI. e -The above bond approved :this LAUGHTER L. P. HARDY 3 ALBERT- , TuAsday August 7th. , 1 23. Continued 5-15; Claims were `approved as follows:';.: Test Side Hdwe C., 021.45 McClave Prgt, C®, 108.25 City Water .Works - . 52.71 Electric,Ser:.-Co. 1.60 Northern Indiana Gas & Elee, Co. .90 -F. C . Re imold Ce , - 2.40 Hof Mae Brush Co. 3.67 Clean Tow4l Servi,ee Coo7.00 John Swanson 1.50 VeCla ve Printing Co. 11 163.55 T. H. 8rvis i5.00 W. R. Hinkle 1043 Frederick Post-Ce� 60.10 Bert; Mowers - 1.00' The Office Engineers 2.40