HomeMy WebLinkAbout08/08/1923 Board of Public Works MinutesBoard met in regular session at 7:15'P-M- All members present,
Hearing had on assessment roll and final estimate for
pipe sewer `on Pellows Street from Calvert Itreet to DPn+gld Street, under
Improvement Resolution No, 1063, In the "City of -South Bend, Indiana.
In the above matter me remonstrators appeared and no written
remonstrance was riled, The Board therefore find that the property assessed
in said roll filed July 18th., 1923 is benefitted in the amounts of assessments
as shdwin on said roll, and the Board further find, that the assessment, roll
filed July 18th.,,-1923 and the final estimate allowed July 18th., 1923 should
be and the same are hereby in all things ratified, confirmed and approved.
Hearing had on assessment roll and final estimate for
water conneetiq on Fellows Street from Sample Street to Ewing Avenue, under
Improvement Resolution No. 1161. In the'City of.,South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Beard therefore find that the property assessed in
said roll filed July 18th., 1923 isdbenefftled in the amounts as shown on said
roll, and the Board further find, that the assessment roll filed_July 18th.
1923 and the final estimate allowed July 18th., 1923 should be and the same
are hereby in all. things .ratified, confirmed and approved.
Hearing had on assessment roll and final estimate for
pavement on alley west of Scott Street from Colfax Avenue to La Salle Avenue,
under Improvement Resolution No. 119M. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remenstrance was filed. The Board therefore find that the property assessed
in said roll filed July 24th., 1923 is benefitted in the amounts as shown
on said roll, and the Board further find that the assessments roll filed
July 24th., 1923 should be and the same are hereby in all.things ratified,
confirmed and approved.
Hearing had on assessment roil and final estimate for
pipe sewer on Crescent Avenue from Hill Street to St, Louis Blvd, under.
Improvement Resolution No. 1073 . In the City of South Bend, In liana
In the above matter no remonstrators appeared and no written
remonstrance was filed.--_ The Board therefore find that the property assessed
in said roll filed July 24th., 1923 is.benefitted in the amounts as shown on
said roll, and.the Board further.find, that the assessment, roll fined.July 24th
1923 and the final estimate allowed July 24th.9 1923. shaudl be and the same an
are hereby in all things ratified, confirmed and approved,
Hearing had on assessment roll and final estimate for
sewer on Marietta Street frim Pennsylvania Avenue to Broadway under Improve-
ment Resolution No. 1077. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board therefore find that the property assessed
in said roll filed July 18th., 1923 is benefitted in the amounts of shown
®n said roll, and the Board further find that the assessment roil filed July
18th.1, 1923 and the final estimate allered July 18th., 1923 should be and the
same are hereby in all things ratified, eenfirmed and approved.
Hearing had on assessment roll and final estimate for
sewer on Columbia Street fret Paris Street to Wenger Street, under Improvement
Resolution No. 1061, In the City of South Bend, Indiana.
In the above matter no remenstrators appeared and no
written rermonstrnaee was filed. The Board therefore find that the property
assessed in said roil filed July 18th., 1923 axtheis benefitted in the
amounts as shown an said roll, and the Board further find that, the assessment
roll filed July 18th., 1923 should be and the same are hereby in all things
ratified, confirmed and approved.
517
Wednesday August 8th., 1923, Continued. >
Hearing had on assessment roll and final estimate for
Sewer on Marine Street -from Calvert Street to Bowmatn8treet under Improvement
Resolution No. 1091. In the:- ity of South Bend, Indiana.
In the above matter no remonst.raters appeared and no written
remonstrance was tiled.' The Board therefore . find that the property assessed in said
roll filed, July 18th., 1923 is benefitted in the amounts as shown on said roll filed
July 19th.; 10,,23 and the Board further find that, ,the assessment roll filed July 18th.
1923 and the final estimate allowed July 18th., 1923 should be and the same are hereby
in all things ratified, confirmed and approved
Hearing had on assessment'rell and final estimate for
azzaaa iai� °pavement on alley west of Franklin Street from Monroe Street V Division
Street, under Improvement Resiution No. 1066. In the,City of South Bend, Indiana.
In the °above matter no remenstractors appeared and no written
remenstrna,nce was Filed. The Board'therefore find that the property assessed in said
roll -filed July 18th., 1923 is benefitted in the amounts as shown on said roll, and
the Board further find, that the assessment roll filed'July 18th., 1923 and the dfinal
k=stimate allowed July 18th,, 1923 should be and the same are hereby in all things
ramified, conf irmed• and approved,
Hearing had on assessment roll and final estimate for sewer an
Ewing Avenue fret Miami Street to Clyde Street, under Improvement Resolution No. 1115
In the City of South Bend, Indiana.
In the abeve matter nonremenstraters appeared and no written
remonstrance was filed. The Board therefore find that the property assessed in
said roll filed July�24 1h., 1923 is benefitted in the amounts, as shorn on said roll,
and the Board further find, that the assessment roil filed Huly 24th.1, 1923.should
be and,the same are hereby.in all things ratified, confirmed and approved.
Hearing had on Assessment roll and final estimate for water
connections on Golden Avenue from Portage Avenue to Riverside Drive, under Improvement
Resolution No. 1160. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and.ne written
remonstrance was filed. The Board therefore find that ,the property assessed in
said roll filed July 18th., 1923 da`benefitted in the amounts as shown on said roll,
and the Board further find that the assessment roll filed July 18th., 1923 and the
final estimate allowed July 18th., 1923 should be and the same are hereby in all things
ratified, confirmed and approved.
Heaving had on assessment roll and final esimate for water
connections on Sadie StreeU frem•PTashington Avenue,te Linden Avenue under Improvement
Resolution No. 1167. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board therefore find that the.property assessed°in said
roll filed July 18t:i., 1923 axd is benefitted in the amounts as shown on said roll..
and the Board further find that theassessment roll filed July 18th., 1923 and the
final estimate allowed July 18`tii., 1923 should be and the same are hereby in all things
ratified, confirmed and approved.
Hearing had on assessment roll and final estimate for pip water
connections on Pulaski Street from Division street. o Fox Street, under Improvement
Resbution No. 1168, In the.,City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board theefore find Ghat the property assessed in said
roll filed July 18th., 1923 is benefitted in the'dmounts as shown on said roll, and the
Board further find, that the assessment roll filed July 18th., 1923 and thefinal
stimte allowed July 18th., 1923 should be and the same are hereby in all things
ratified, confirmed and approved.
Hearing had on assessment roll and final estimate for water
connections on Ohio Street from Carroll Street to High Street under Improvement
Resolution No.. 1169. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remer_strar_ce rms riled . The Board therefore find that the property assessed 1h said
roll filed July 18th., 1923 is benefitted in the amounts as shown on said roll,
and the Board further find, that the assessment ri1 filed July 18th... 1923 and the d
final estimate allowed July 18th., 1923 should be and the same are hereby in all things_
ratified, confirmed and approved.
Hearing had in Improvement Resolution No. 1239. for the pavement
on Altgeldt Avenue teat Erskine Blvd-. to High Street, in the �iky of South
Bend, Indiana:
Upon said hearing no .remen.st,raters appeared and no written
remonstrance was filed. The Board being fully advised in the premises,
decides that the benefits to the property `Babel to be assessed For said
x imprOyament are equal to. the estimated cost -vf the same as -reported by -the
City Civil Engineer, and thereupon takes final action on said rolilution
as eriginaliy adopted and the same is hereby in all things ratified, eonfirmd
and approved.
Reselvee further, that notices be published on the loth. day of
-August 1923 and on the 17th. day of August,-1923 in the South Bend Tribune_
and News Times in said City, stating that this Board will receive bids for th
the construction of sa,id'improvement up to 101.00 A.M. Tuesday August 28t
1923, The Board reserves the right t*erejeet any end ail bids.
Hearing.kad on Condemnation Resolution Nos_'77 for the Opening
of -an alley lying south of Lot 3 in Noland's Addition , in the City of South
Bend, -Indiana.
In the -above matter property owners appeared, and remonstrated
against said alley being opened, The Board after hearing all interested
parties hereby rescind all action on said rololution.
$ngineer filed assessment roll and finaltestite for seven
inch eos.eret,e pavement on Miner Street from St. Peter street to Notre Dame
Avenue, -under Improvement, Resolution No. 1128. In the City of South Bend,
Indiana
Resolved that notices ws to assessments be published on the
loth. day of August 1923 -and -on the 17th. day of August 1923 in the -South .Bed
Bend News Times and Tribune, in said City, staking that this Board will
give a hearing on the amounts of such assessments at its office in the City
Hall on the 8th. day of August 1923 at 7:15 P.M.
Resolved furtherthat the.entire work under ahe above
contract be accepted and approved and,the final.estimate thereon allowed.
Engineer filed assessment roll and final estimate for seven
ineh coneret,e pavement on alley west of William Street.from Wayne Street to
Division Street, under Improvement Resolution No. 1059. In the City of South
Ben"dt , Indiana.
Resolved, that notices be toassessments be published on the
loth, day -of August 1923 and on the 17th, day of August 1923 in the South Bid
Bend Tribune and News Times in said City, stating that this Board will
give a hearing on the amounts of such assessments at its offfee in the City
Hall an the 5th, day of September.1923.at 7:15 P.M.
Resolved further that the enti rework under the above eontrao
be. accepted and .approved and the final estimate thereon. allowed.
_ 1
Engineer filed assessment roll and final estimate for seven
inch concrete pavement on alley west of William Street from Wayne Street to
first alley north of Wayne Street, under Improvement Resolution No. 1103 . In
the City of South Bend, Indiana.
Resolved that notices as to the assessments: bepublished on
the loth, day of August 1923 and on the 17th. day of August 1923 in the
South bendmTribune 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 5th. day of September 1923 at 7:15 P.M.
Resolved ,further that the entire work under the above cone
tract be accepted and approved and the final estimate allowed.
a
519,
Wednesd% Au. ust 8th.: 1923. Csnt,inu�d. ,
Sam Engineer filed assessment roll and final estimate for
seven inch concrete pav'ei ment -oh' alley -east of St. Joseph Street from V'layne Street to
2nd, alley south of St. Joseph Street, under Improvement Resolution No. 1110. In the.
City of South Bend, -Indiana.
Resived that' notices as te: the- assessments be published°on the 10th.
day of Xxty August, '1923 and on the 17tho day of Aujky,-; ql9 —3 in the South bend Daily
Tribune and News Times, stating that ,this Board will ive a hearing on the amount
of such assessments at i
; ts office in the City Hall
1923a t 7:15 P . M. on .the 5tht day of September
Resolved fu rhet that the entire work under the above contract be
accepted and approved and'the final estimate thereon allowed.
Bard agreed to request County;Commissioner's to widen Ewing
Avenue Bridgeiever Ewing Avenue spas tb conform to new width of Ewing Avenue.
Mr. Honer and-F. J. Andersen City Engineer to take this matter wp with Commissioners.
Contract awarded to B, H. Webster for Sub Trunk sewer on St. Peter
Street at ax pripe.of estimated cost $35,000.00. The City to replace pavement
on Howard Street and.. South Bend Avenue.
'Permission granted to Chicago, South Bend $e Northern Indiana Railway
Company to close Portage Avenue between Forest Avenue and Cushing Street temporarily
while repair* are being ma -de to tracks.
Partial estimate allowed McHugh & Cole for River Park Trunk sewer
District No. l for $ 39463.55
Communication received from Secretary of the Board of Health for
sewer on Califtrnia Avenue from Blaine Avenue to Cleveland Avenue. Same held up
for one week -for investigation.
to Branson Street, Grade approved for alley east of Columbia Street from South Street
Petition received from for light at corner of'Pleasant Street and
9th. Aug Street. Same referred tothe inspector for report.
Board ordered that a thirty clay notice be sent to property owners
at 1236 cedar Street to consl,ruct walk at Cedar Street at corner of Walsh Street.
Indiana Eel&Telephone Company ordered to remove entirely pole from
in front of 830 Forest Avenue.
Contracts were warded as follows: -
Sewer on O'Brieh Street from Lincoln Way blest to Vassar Avenue
to Hoban & Roach at;,.,.....$2,894.00
Sewer 'on Hinboldt Street from Cleveland Avenue to 184 feet east
Hoban & Roach a ............ $ 957.30
Sewer on Sanc®me Avenue from Lincoln 7a:,y West to La Porte Avenue
to Hoban & Roach at.....,J1,167.00
Grade, curb and walk on Johnson Street from Elwood Avenue to
H. L. Davis at ...... M 793.35
Wednesday
August 8th.. 1923, Continued.,...- ,
The following resolution was adopted by the Beard,
Y----tOPY OF COND124NATION Rt-SOLUTION NO. 79• 1923•
Resolved by the Board of Public Works of the City'of South Bend,
Indiana;
:That the following "described property - be appropriated for use of said
.
Widening
of:Dakside Street -from Miami Street to the east line of Lot
257 and
east line -t f� said lot expended south in Wiediler's Second Addition as
follows,
to -wit: -
`Beginning on the west line of Miami Street 17 feet
north of the north eeast eerner of lot 280 in Weidler's
2nd Addition; thence north along the west line of Miami
Street 43 feet; thence west tothe southeast corner of lot
257 in Weidler's 2nd, Addition thence south 43 feet; thence
east to the place of beginning.
The follwing described property may be injuriously;or,beneficialt ,
•-affetted
by such appropriation:-
;s
Beginning at a poAnt 165 feet, east of the east line of Miami
street and the south line of lot 200 in WeidLer's 2nd. Addition
extended east, thence west to the west line e--f lot 202 in
Weidler's 2nd. Addition; thence south to the first alley south
of EckmanStreet; thence west along the said alley and said alley
extended to a point 783 feet west of the west line of High
Street; thence sough along .line,73..3 feet west of'the west Line
of High Street to the alley south, of Oa�kside extended west;
thence east along said alley and said alley extended tea point
165 feet east of the east line of Miami Street; thence north
to the ple.ce .of beginning.
The purpose of such appropriation is for Widening of Oakside
Street.
Notice of this resAutin shall be published on the 10th. day of
August'1923 and on the 17th. day of August 1923 in the South Bend Tribune and
News Times,
This Board, at its office in the City Hall on the 5-th. day of
Sept,, 1923 at 7:15 P.M. will hear and receive re monsprances from all persons
interested.in or affected by these proceedings.
Adopted this 8th. day of August 1923,
BOARD OF PUBLIC WORKS.
Attest: -
Veronica C. Sweeney
Clerk of the Board.
L. B. SLAUGHTER
L. P. HARDY
ALBERT F. HONER
Concerning the improvement of the roadway of Sunnyside Avenue
from Washington Avenue to La Salle Avenue with asphalt, d60h 1t1 d concrete,
bitulithic, concrete or brick, in pursuance to Resolution No. 1228 this being
the date set for the making of the preliminary order designating bhe kind of
pavement, the Board at 10: 00 A. W,f. Tuesday August 7th. , 1923 'piiblidly 'opned
read and considered all bids and then continued their meeting to Wednesday
August 8th., 1923 at 7:15 P.M.
Now on last named date the Board designated Concrete as the
kindofpavement with whihh said street is to be improved with and fixes the
20th, day of August 1923 at,10:00 A.M. as the time when petitions Y 'r
changing the kidd of pavement must be filed, and the Board hereby continues
this matter until the 21st. day of August 1923 at 10:00 A.M. On the day above
named.the Board will ei#her pass on petitins let laid contract or reject ahl
bids,
BOARD OF PUBLIC WORKS.
Attest:-
Veronica C. Sweeney
Clerk of the Board.
Dated August 8th., 1923.
L. B. SLAUGHTER
L. P. HARDY
ALBERT F. HONER
521,
Wednesday August 8th,, 1923. Continued.
Concerning the improvement of the readway of alley south of
Thomas Street from Chapin"Street to Laurel Street with asphalt, asnh€rltie concrete,
bitulithie, concrete or brick, in pursuance to Resolution W,, 1:224, this being the
date set for the making ofthe preliminary order designating the kind of pavment, the
Board at 10:00 A.M. Tuesday August 'nth., 1923 publicly opened read and considered
all bids and then continued their -meeting to Wednesday Ata.gus14 Bth., '1923 at 7:15 PLM.
Now on:las'V named date the Board designated Concrete as the kind
of pavement with which said street is to be improved with and fixes the 29th. day of
August 193 at 10:00 A.M. as the time when petitions for cha Bing the kind of pavement
must be filed, and the Board hereby continues this matter until the 21st. day of
August 1923 at 10:00 A.M. On the day above named the Board will either pass on
petitions let said contract or reject, all bids.
L. B. SLAUGHTER
.:
BOARD OF PUBLIC WORKSL., PHARI1Y
:. AhBERT F. HONER
Attested:
Veronica C. Sweeney
Clerk of Board.
Dated this Aug. 8th., 1923.
Petition presented by Attorney Crumpacker for the Pittsburg
Cincinnati Chicago & St. Louis R. R. Co, requesting permission to relocate switch
tracks on Ewing Avenue. Sbdd-4petition with blue print appgove,d in consideration
that the crossing he .pneperly..planksrd and maintained.
South Bend, Indiana.
August, 8th. , 1923.
HONORABLE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND: --
The Pittsburg, Cincinnati, Chicago and St. Louis Railroad
Company respectfully -shows and represents that it is successor to the r;hts and
interests of the Terre Haute and Logansport Railway Company, and now has installed
and in operation two tracks A,hat cross Ewing Avenue in the City of South Bend, one of
which is a switch track ; that the present switch track is located as shown on the Bleu
print msp hereto attached, marked Exhibit "A", and made a part of this petition and is
shown by dotted white line; that said-swit•eh track joins the main track a few feet
south of the South line of Ewing Avenue and then spreads to the West of the main track
across Ewing Avenue; thence it is desired to move the South end of said switch track
West and locate the same pa.rRIlel with the main track as shown on said Blue print map
by a line marked in yellow; that sueh moving of the switch track will not increase the
numbersof tracks across Ewing Avenue.
That relocation of said switch track as shown on the Blue
print will greatly facilitate the switching of ears and that it will not require the
use of the main track to the extend now necessary and will in this manner also be a
benefit to the dafety of the traffic on the main line,
WHEREFORE, this petitioner respee.tfully askes that it be
permitted to move said switch track as shown on said Blue Print.
APPROVED
AUG. 8,1923.
BOARD OF PUBLIC WORKS
BY L. B. SLAUGHTER
President,
PITTSBURG, CINCINNATI, CHICAGO,
& ST. LOUIS R. R. CO.
BY ANDERSON, PARKER, CRABILL &
CRUMPACKER.
Attorneys for Petitioner.
5.a3l'
to remu _ all rubl-- sa, earth. and unused material in the streets of Mae's t it
uPon the completion of the improvement or the repairing thereof.
The work of making such improvement shall be conipleted according to the terms of this contract mt or
6 fore the ---------------------------------- ---- ----- --------- -•------------------- dav of------------------------
ur:less the time for the completion of the sane shall bie extended in writing by the Board of Public Words.
And it is agreed that anv such extension of time, or anv alteration of this contract or of the manner or meth-
od of doing such world 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.Qeir tract. or sub -let the Work or -any part thereof t
be done hereunder, witho-t the writ'er; • ;>;, ,.,t of the Board. et Pt-.blic Works.
It is further agreed al -I stipL 1,-. od `? t t;,- contractor shall give to residents of said city and county
preference in the employm-nt of alllabor Necessary in the performance of this contract, and failing to do so,,
shall €or€eit to the city the sum of ter, Collars for each failure to observe this stipulation.
And -upon the performance of all the terris and conditions of this contract. ancf things to be done and
erfornred by said contractor the said city agrees to cause the cost of doing such work to be assessed, eol--
ctec�,e.n¢,paid'to said Contractor ir.. the manner 1 d by the statute governing the making of such improve-
owxntat
" i9r� ditions and stipulations of this contract, including all and singular the provision and
�jorAle, spet€iftations and resolution aforesaid, tho undQtgigned binds himself or itself,
# , . Ve Xueeq9w or 'ftsTe_^.s of such . oa rt? n-
In Testimony Whereef, Wes the foregoing named parties, hereunto
sett our hands -this nth. day ®f August 1923,
-CITY OF SOUTH BEND, INDIANA. H L. DAVIS & SON
BY L. B. SLAUGHTER C ,00. L. DAVIS. Contractor.
L. P. HARDY
ALBERT F. HONER
Its Board of Public Works,
CONSTRVCTION BOND
Ilr u et# `= ky fihcsc Pcesents, liiat wee .__----
of the Cot city of�. fit. _ T���nh -----s State of. 1xid-1a.xla. .,--.., as princi-
pal, and ,_,__&-rtford Accident and Indemnity Company
of the County state of -
as sureties, are held and firmly bound to'the City of South Bend, Indiana, in the sum of-`.'�r t thOusand
.-.six ----__.,,.-__------ --- .Dollars ($ 3 1, 166.003,
for the payment of which, *ell and truly to be made, we jointly and severally bind ourselves, oui 11f.4rs,
executors, adminstratots and assigns, firmly by these presents.
The conditions of the obligation are such that if the above named--.
=---g -„ram Paul S- A e 1 ___—sham faithfully comply with the foregoing contract,
made atcd entered into thP____ _:7.t.h _ _ ..___. day of__-...._,-,.-.,, ,._..-Au u_S_t 1923
with the City of South Ber-d. Indiana and shall fulfill a1T the conditions .and stipulations therein contained,
according to the true intent and meatnng thereof, in all respects, then this obligation to be void, otherwise
tube: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.
aTbift shall be a construction bond, and the sureties on the same shall not beheld responsible for the
we and repair of the improvement after it has been accepted by the second party, but such sureties
be teld responsible for the fait'-ful compliance with all other conditions, stipulationg and requirements
by tw set out in the contract.
WITNESS our hands and seals this........7#rit ..............day of................A.UgtMt•••19,23.r.—►
.........................(SEAL) �i ) Company
...- BY 0. L._-DAMS.........................(SEAL) BY H. J. LEDEPER ' SEAL)
The above bond approved this- Sth et,y o August
L. P. HARDY
Board of PuM jVortc%
The following bind and. eentract approved.
►1k Improvement contrad
THIS Af�C.Miy ONT ;ire and yp� entered into tl��,yis.,,.�.�.de,y,
I.1 f lot I . I by and between ;.
H, L. Davis & Son
tbs cnmt St Jose h Indiana
.. y1 l , � f . , , ♦ l . , , t l l f .� 1 #, Stai/g
(hereftaf'ter referred to as the "Contractor* , and the City of South Bend, in
ate Cotmtg afr St. Je>sep , and State of Indiana, by and through its Board, of Public
'forks (hereinafter referred to as the ;' City"') , under and by virtue of an Act of
the General Aseembly of'the State of Indiana, entitled ``AnAct Conoerning iai.,
Corporations,''' approved March S, 1905,, and all amendatory and supplemental
acts thereto:
Witnesseth., that, the contractor covenants and agrees to eon-
struct grade, curb and walk on Chalfant Street, from Eddy Street, to E. end of
Coquillard Park, in the ,City of South Bend, T-ndiana. at and for the following
prices:-- ,
3528 lin. ft. of curbing per'iin ft............ $.40
16640 sq. ft. of cement walk oer sq. ft. .17
2092 cu. yds. of grading per cu. yd. 1100
:.Liu to perform all work in ffie prosecution of safd improvement under and accordl rg to fhe ttrws and c__ ;
s
ditions of Improvement Resolution No. adopted by the Board of Public l�orfss......,..,,,_,,, ,,,, •:
and the plans, profile and specifications cn lHiein the office of the Department of Public Works. which sai `
resolution, plans, profile acid specifications are Yna.ft a. part hereof as fully and effectually. as if copied and
set out herein at full length.
The contractor further aexpressig covetiants in# agrees i+at in the prosecution of said work all proper
skill and care 17,ill be exercised; that he 1.�ill proper' - 7-era- and pro`est all excavations and dangerous places,
and vrill use ail due and proper precaution to prevent inju-i- `to Any person or pro^e•rty; that in the event 91
any injury or damage resulting from the w-)r'- or resul*irg from anv ,ratter or thing connected tileretvitli or
arising therefrom, to any person or property, he v-11 pay a.nri liquidate the same at his own expense, and as-
sume the liability therefor; and in the event of any claim or -claims being made orany action or actions being
brotight against the city by reason or on account of or growing out of said work or its construction, the said
contractor will at his own expense defend the same, and .ill pay any judgment recovered thereWn and will in
all respects fully indemnify and- save harmless said city, its officers, agents or representatives froth all cost,
expense, payinent qr judgment recovered in connection with such claim or claims. action or-acrions. And if
within ten days after any such action is begun, the city shall notify the contractor of the perrilency thereof,
thxn any judgment rendered against the city shall be conch*wive against the contractor and•against the surety
Aalz construction band, as to tb - _amount, liability and other matters pertaining thereto..'
.L..nd thi congralator agrees to mainntain said improvement and mare such repairs as may be necessary t.:s
e period -and in the manner as fined by the specifications, and to secure the to tut€UP" �C� t� 44 theregi
jo ale with the Board of Public Works a bond .with sufficient surety thereon and to an atUount 4% hid by �tho
pecifications. And in doing such repair word the contractor and the surety on hid arantee Wnd %hill
Rultject to the same liability to the city and auv other person for any injury or damage to any pergwA or priNtl,.
er ty in the same manner and to the same extent as is fixed in the last preceding paragraph M-krifig the 1 4- .
strucstion work.
And it is further agreed by and between said cart^.ems that the acceptance of the work tovld@d for ltl thk
contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the prOvi�
lems of this eontr4ct, nor shall it release said contractor or the sureties oil his bond for the fsfthfOl perform=-.
slice thereof; nor shall the acceptance be prima facie evidence of the performance of any provisl®h Of ill s
Contract, except to the extent of entitling the contractor to the contract Rrice therefor.
The contractor agrees to pay for all labor and materials used or. furnished to he used in the txakitIN of
such improvement and in the performance of this contrast, whether done or furnished for him, or his agent,
assignee, successor or subcontractor; and the city may reserve out of any allowance made op any egtimat�
in favor of the contractor or },;,z assigns, or out of the amount due hhn or his asslgms ups the,dOtnpletiim
.att- �
f the work, so much as may to pay all laborers or materist tmon for atiountil dve theme fog
C done or materials used or furnished to be used in the performance Of tills Mtraet afid the doing of:
aaid work, and the county treasurer, acting as city treasurer, may retain nwney oolletted from pfopert. '1
4owners assessed'for said improvement to pay such debts or until the cbtxtracfOs` s s that €l"iC�+ ki�aboo.
,mod .or satisfied
524
Wednesday August 81h . 1923 Cntinued ---
The Following claims were approved by the Board.
Indiana Constvuetion Co. 299.50
A. B. Dufendaell 8.10
w
o
A -testes- d
Clerk of the Board. Preside