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HomeMy WebLinkAbout06/06/1922 Board of Public Works MinutesBoard met in regular session at 9:00 A.M. All members present. Permission granted to the-Wm;-H. Burke Co; to close Main Street from i3outh line of La Salle Avenue to North line of Colfax Avenue from this date for one week, proper barricades and red lights to be placed and the police and fire departments to be notified.. T D. Hi es P esid nta of th ew Jers , Indi & Illliinois R. R Company with Walter hennis , rirntendent and ' orneys, nes anTI enchain 'a pearea before the Board and took up matter of permission to cross Chapin Street and toeir strg1 into Studebakers with a side track off of their %ilroad. and filed petition as a ows:-» STATE OF INDIANA ST. JOSEPH COUNTY ) SS BEFORE THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BE®D. PETITION OF THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY FOR FRANCHISE FOR ADDITIONAL SIDE TRACKS. To the Honorable Mayor, Common Council and Board of Public Works of the City of South Bend,:Ia Your petitioner,,the New Jersey, Indians. & Illinois Railroad Company, respectfully shoves by this, its petition; 1. That said petitioner is a corporation duly organized and existing under and by virtue of the lwws of the State of Indiana for the purpose - 'of operating a steam railroad and partsiaularly organized -and existing under and by virtue of the eneral laws of the said State pertaining to the organization and erxistence of steam railroads. 2. Thar said petitioner is duly authorized to maintain and operate its present steam railroad in the City -of South Bend under and by virtue oaf Ordinance Number 1250 adopted by the Common Council of the City of South Beni., February 28th. 1904 and Ordinance Number 2100, adopted by the Common Council of the City of South Rend, July 12th., 1920. 3. Your petitioner further respectfully shows that it owns, olperates and controls a steam railroad in the said State of Indiana, and particularly' in and through St. Joseph County, in said State, and in and from the station of Pine: in said Courity in a northerly direction in and to.the City of South Bend, and i:s a common carrier of freight and passengers for hire, bo# -in state and interstate _commerce; and that its line of railroad connects with and furnishes interee3hange o°f traffic with other lines of railroad engaged in such commerce; that in order to provide accommodations necessary to accomplish the purpose for which said Company was incorparated, and in order to furnish proper and adequate public facilities in the discharge of its duties as such common carrier, and for the purpose of improvement of its road by the construction of additional yard facilities, it has become and is necessary and desirable that said petitioner construct, x�c uteopperate and maintain additional switch or yard tracks east of the west line off Prairie Avenue, immediately North of its present industrial spur track, in said City, hereinafter more specifi- cally referred to, and that said petitioner has by proper legal proceedings acquired the fee simple title to the necessary lands therefore. And petitioner says that it ftsir�s an� intpjs to sae such dditional side or Ord tracks nd th 11a d obtai ed ere ore or ra roa purposes n the storing, rec'iving, han.1 ng and de ivery o freight and passenger cars, and the loading, unloading and interchanged thereof in the discharge of petitioner's functions, and to put the same to such uses as such uard tracks and facilities are generally put in the peration of a steam railroad as a publi carrier. That the additional switch tracks above referred to will all lie between the west ine of Prairie Avenue and the East line of Kendall Street in said City of South -Bend; that Prairie Avenue will be crossed by one (1) of such additional tracks; that Catalpa Avenue will be crossed by Two (2) of said additional tracks;. the alley between Catalpa Avenue and Chapib Street will be crossed by four (4) of said additional tracks; that Chapin Street and the alley between Chapin Street and Kendall Street will be crossed by five (5) of said additional tracks, and that Kendall Street will be crossed by one (1) of said additiona tracks, that all of said additional tracks will stand upon land owned by petitioner; that the exact location of said tracks is more specifically shown by a map attached hereto and made a part of this petition. 5. That said tracks will cross at grade, the above described street and alleys; that all of said tracts will directly connect with and constitute a part of petitioners existing Industrial spur track through which it serves the Studebaker Corporation and will make interchanges with the Pennyylvania Lines; WHEREFORE this petitioner prays that it be granted ppermission to construct, maintain and operate within the City of South Bend, its said proposed additional switch or ya rd tracks. NEW JERSEY, INDIANA 8c ILLINOIS RAILROAD COMP, ONES ,;:OB NCI A_l T Attorneys. This being the date set,for the deferred hearing on plans, and estimates of the New York Central Ry. Company and other track separation matters in this City, and this hearing was deferred by the Board until July llth. 1922 at 10:00 A.M. Bids were received, opened and read .as follows*- Pipe sewer on Longley Avenue. Bid of Staples & Ackerman. ' 12 inch pipe sewer, per lin ft. ' 10 inch pipe sewer, per lin ft. • 8 inch pipe sewer, per lin ft. ° 6 inch pipe sewer, per lin ft. Manholes per ft. ° Manholes, curbs and covers, each Storm water, inlets, each Check $100.00 Bid of Bruno De Pea>pe 12 inch pipe sewer, per lin ft. 10 inch pipe sewer, per lin ft. 8 inch pipe sewer, per. lin ft. 6 inch pipe sewer, per lin ft. Manholes per ft. in depth Manholes, curbs ad ,covers, each Storm water inlets, each Check $100.00 Bid of Hoban & Roach. • 12 inch pipe sewer per lin ft. 10 inch pipe sewer, per lin ft. 8 inch pipe sewer, per lin ft. 6 inch pipe sewer, per lin ft. Manholes per 1 n ft. Manholes, curbs and covers, each Storm. water Linlets, each Check $100.00 Bid of L. H. Webster ' 12 inch pipe sewer, per lin ft. 10 inch pipe sewer, per lin ft. 8 inch pipe sewer, per lin ft. 6 inch pipe sewer, per lin ft. Manholes per ft. in depth Manholes, curbs and covers, each Storm water inlets, each Check $100.00 Pipe sewer on Flvnence Avenue. Bid of Staples & Ackerman. 12 inch pipe sewer per lin ft. 8 inch pipe ,sewer, per lin ft. 6 inch pipe sewer, per lin ft. Manholes, per,•lin ft. Manholes, carsand covers, each Storm water inlets, each Check $100.00 Bid of Brno De Paepe 12 inch pipe.sewer, per lin ft. 8 inch pipe sewer, per lin ft. Manholes per-ft. in depth > Manholes curbs and covers, each Storm water inlets, each Check $100.00 Bid of Hoban 8F Roach. ' 12 inch pipe sewer, per lin ft. 8 inch pipe sewer, per.lin ft. 6 inch pips sewer, per lin ft. Manholes, prr ft. in depth Manholes, curbs and covers, each Storm water inlets, each . Check $100.00 Bid of L. H. Webster. 12 inch pipe sewer, per lin ft. 8 inch pipe sewer per lin ft. 6 inch pipe pewer per lin ft. Manholes per ft. Manholes, curbs and covers, each Storm water inlets, each , Check .S100.00 $2.95 2.80 .90 1.00 7.00 17.00 10.00 2.80 2.60 1.00 1.00 10.00 15.00 10.00 2.50 2.40 .65 1.00 7.50 15.00 9.00 3.00, 2.80 1.00 1.00 7.00 17.00 10.00 3.00 go .00 1 7.00 17.00 10.00 2.70° 1.00 10.00 15.00 10.00 2.65 1.00 7.50 15.00 9000 3.50 1.00 1.00 7.00 16.00 10.00 Pipe sewer on Taylor Street. Bid of Staples & Ackerman. 15 inch pipe sewer, per lin ft. 12 inch pipe sewer, per lin ft. i 10 inch pipe sewer, per lin ft. 8 inch pipe sewer, per lin ft. ' 6 inch pipe sewe*r, per lin ft. ' Manholes per ft., Manholes, curbs and covers, each Storm water inlets, -each Bid of Geo. A. Harrop la inch pipe sewer, per lin ft. 12 inch pipe sewer, per lin ft. 10 inch pipe sewer, per lin ft. 8 inch pipe sewer per lin ft.- 6 inch pipe sewer, per lin ft. Manholes per ft. Manholes, curbs 'and covers, each Storm water inlets, each Bid of Hoban & Roach. 15 inch pipe sewer per lin ft. 12 inch pipe sewer, per lin ft. 10 inch pipe sewer, per lin ft. 8-inch pipe sewer, per lin ft. 6 inch pipe sewer per lin ft, Manholes per ft. in depth Manholes curbs and covers, each Storm water inlets, each , Bid of L. H. Webster $2.50 2.26 1.90 .80 1.00 7.00 17.00 10.00 Check 0100.00 Check $200.00 Check 0100000 15 inch pipe sewer, per lin..ft. a 12 inch pipe sewer, per lin ft. 10 inch pipe sewer, per lin ft. 8 inch pipe sewer per lin ft. 6 inch pipe sewer per lin ft. Manholes per lin ft. Manholes curbs and covers, each Storm water inlets, each Check $126.00 PIPE SEWER ON CAROLINE STREET. Bid of Staples & Ackerman. 2.50 2.30 2.10 .80 1.00, 6.00 15.00 10.00 2.80 2.6o 2.6o .65 1.00 7.50 15.00 9.00 2.10 2.30 1.00 1.00 I9.00 .00 9.00 12 inch pipe sewer par lin ft. 295 8 inch pipe sewer per lin ft. :90 6 inch pipe sewer, per lin ft. 1.00 Manholes per ft. 7.00 Manholes curbs and covers, each 17.00 Storm eater inlets, each 10.00 Check $100.00 Bid of Geo. A. Harrop. 12 inch pipe sewer per lin ft. 2.60 10 inch pipe sewer per lin ft. no bid. . 8 inch pipe sewer per lin ft. 1.00 6 inch pipe sewer per lin ft. 1.00 Manholes per ft.- 7.50 Manholes curbs and covers,.eaA 15.00 Storm waer inlets, each 10.00 Chekk $200.00 Bid of Hoban & Roach. ' '. 12 inch pipe sewer per lin ft. 2.65 8 inch pipe sewer, per lin ft. .65 ' 6 inch pipe sewer per lin ft. 1.00 Manholes per ft. 7.50 Manholes curbs and covers, each 15.00 Storm water inlets, each 9.00 Check $100.00 Bid of L. H. Webster. 12 inch -pipe -sewer perlin ft. 2.70 8 inch pipe sewer, per lin ft. .70 ' 6 inch pipe sewer per lin ft. -,70 Manholes per ft. 7.00 Manholes curbs and covers, each 15.00 Storm grater inlets, each 9.00 ,Check $100.00 Pipe sewer on Duhail Avenue. Bid of Geo. A Harrop._ 10 inch pipe sewer per'lin ft. -2.40 - 8 inch pipe sewer per lin ft. - .90 ° 6 inch pipe sewer per lin ft. 1.00 ' Manholes per ft. ° 7.00 Manholes curbs and covers, each 15.00 Storm water inlets, each 10.00 Check $200.00 Bid of Joseph A. Luther. 12 inch pipe sewer,.per lin ft. ' 1.80 8 inch pipe sewer, per lin ft. .90 ° 6 inch pipe sewer,:{per lin ft. ,90 Manholes per ft. in depth 8.00 ' Manholes curbs and covers, each 17.00 Storm water inlets, each 9.00 No certified check filed with bid. Bid of Hoban & Roach 10 inch pipe sewer per lin ft. 2.46 8 inch pipe sewer per lin ft. .65 6 inch gripe sewer per lin ft. 1.00 Manholes per ft. 7.50 ° Manholes curbs and covers, each ° 15.00 Storm water i_n_lets, each - 9.00 ° Check $126.00 Bid of L. H. Webster ° 110 inch pipe sewer per lin ft. 2.90 ' 8 inch pipe sewer per lin ft. 1.00 ° 6 inch pipe sewer per lin ft.' 1.00 Manholes per' ft. 7.00 Manholes curbs and covers, each 15.00 .Storm water inlets, each 9.00 Check $100.00 Pipe sewer on Marietta Street. bid of Geo. A. Harrop. , , ' .10 inch pipe sewer per lin ft. • 2.40 ,8 inch pipe sewer per lin ft. .90 6 inch pipe -sewer, per lin ft. 1.00 Manholes per ft. in depth 7.00 Manholes curbs and covers, each 15.00 Storm water inlets, each 10.00 Check $200.00 x .Bid of L. H. Webster. 12 inch pipe sewer per lin fte 2.90 8 inch pipe sewer per lin ft. .70 6 inch pipe sewer per lin ft. .60 Manholes,per ft. in depth 7.00 Manholes curbs and covers, each 16.00 Storm water inlets, each 9.00 ° Check 100.00 ° • Pipe sewer on Vassar Avenue. - Bid of Joseph A. Luther. 10 inch pipe sewer per lin ft. 2.00 8 inch pipe sewer per lin ft. 1.00 6 inch pipe sewer, per lin ft.. .90 Manholes per ft. in depth 10.00 Manholes curbs and covers, each. 20.00 Storm water inlets, each 10.00 No certified -check filed with bid. Bid of L. H. Webster 12 inch pipe sewer, per lin ft., 2.80 8 inch pipe sewer per lin ft. ' 1.00 .6 inch pipe sewer per lin ft. 1.00 Manholes per ft. in depth 7.00 Manholes curbs and covers, each 16.00 Storm water inlets, each 1 9.00 ° Check i100.00 ro .Pipe sewer on Georgianna Avenue. Bid of Hoban & Roach. 12 inch pipe sewer per lin ft, °8 inch pipe sewer, per lin ft. �6 inch pipe sewer per lin ft. Manholes per ft. Manhole curbs and covers, each Corm water inlets, each u Check $100.00 Bid of L. H. Webster.s 12 inch pipe sewer -per lin ft. 8 inch pipe sewer per lin ft. e6 inch pipe sewer -per lin ft. °Manholes per ft.. in depth ,Manholes curbs and covers, each •Storm water inlets, each Check $100.00 Grade curb and walk•on.Anderson Avenue. Bid of J. A. Baines Walk per sq. ft. , curb per lin ft. Grading per cu. yd. Check-IL884OO Bid of H. L. Davis walk per sq. ft. durb per lin ft. Grading per cu. yd.° ' Check $100.00 Bid of Harry Poiis Walk per sq. ft. curb por lin ft. grading per cu. yd. Check $100.00 Bid of Goo. A. Harrop. Walk per sq. ft. ,curb per lin ft. ,Grading per cu. yd. o _ CIgeck $100.00 Grade curb and mlk on Scholum Street. Bid of J. A. Barnes. walk per sq. ft. curb per lin ft. ,grading per cu. yd Check $100.00 . Grade curb and walk on Hill -Street. 2.78 65 1.10 7.50 15,00 9,00 2:90 70 .80 9.00 1 .00• 9.0R-. .33 .85 .13_i ' .g2 5 . i l-1 • � 7F :3D .55 .14 .33 1.25 Bid of H. L, Davis & Son. Walk per sq. ft, $.13 curb per lin ft. .30 Grading per cu. ,yd. .57 Check $100.00 Bid of Geo. A ,Harrop. ' walk per sq. ft. .12-1 .curb per lin ft. .30 ,grading per cu. yd. .48 Check $200.00 u Grade> curb and m k on Various Streets. Bid of Reim Construction Company. Walk -per sq. ft. .28 Curb per lin ft. .55 'Grading per cu. 'yd. 1.50 Pavement on alley north of ,Lincoln Way West. Bid of Geo. A. $arrop. Gradingg per cu. yd. $1.00 Conereie pavement per sq. yd. 2.15 8 inch conduit.pipe per lin ft. .80 Storm water inlets, each 10.00 Marginal curb per lin ft. .20 Resetting inlets, each 4.00 Resetting manhole covers, each 4.00 Check 173.00 in Tuesday June 6th., 19?_2. Continued. Pavementon alley north of Lincoln Way Nest. Bid of H. N. Barnes. Paving with a seven inch -concrete >pavement Grading per cu. yd. $1.00 Concrete pavement per sq..yd. 2.20 > Check $173.00 Bid of Hoban.& Roach. > , Gradin er out yd. 1.15 Seven 7) inch concrete pavement per sq. yd. 2.10. Check $173.00 Bid of Williston Construction Company. Grading per cu; yd. 1160 cement curb per lin ft. .60 Concrete :pavement per sq. yd. a 2.15 Asphaltic concrete pavement per, sq. yd. 2.47 Marginal curb per lin ft. .40 Resetting inlets,.each 3.50 Resetting manholes i4ch 3.50 Check $$173.,00 > Bid of Geo. A. Harrop. , Grading per cu. yd. 1.00 Concrete >pavement per sq. yf. 2.15 8 inch conduit pipe per lin ft. 1.80 Storm water inlets, each 10.00 Marginal curb per lin ft. .20 Resetting inlets, each 4.00 Resetting manholes covers, each 4.00 Check $173.00 Pavement on alley south of Division Street. Bid of 'Hoban & Roach. ' Grading per cu. yd. 1.35 7 inch concrete pavement per sq, yd. 2. 5 Check d$100.00 Bid of H. N. Barnes. :Grading per cu. yd. 1100 7 inch concrete pavement per sq. yd. 2.30 Check $100.00 Pavement on Rush Street. , Bid of Williston Construction Company. Curb per lin ft. .60 Grading per cu. yd. .95 , Asphalt pavement Trinidad per sq. yd, 3.09 Asphalt pavement Mexican per sq. yd. 2.81 Asphaltic concrete Trinidad per sq. yd. 2.73 Asphaltic concrete Mexican per sq. yd. 2.47 8 inch conduit pipe per lin ft. > .95 Storm water inlets, each' 14.50 Marginal curb per lin ft. .40 Resetting inlets, each 3.50 Resetting manhole covers, each 3.50 Check $$100.00 Bid of White Construction Company. ' Walk per sq. ft. .20 curbing per lin ft. .50 Grading per cu, yd. .90 Trinidad Asphalt pavement per sq: yd. 2,95 Mexican Asphalt ,pavement per sq. yd, 2,75 Asphaltic concrete Trinidad per sq. yd. 2.40 Asphaltic concrete Mexican per sq. yd. 2.65 8 inch conduit p1pe per lin ft. .90 Marginal curb per lin ft. .40 Resetting inl-ets, each 3.00 Resetting msnhole•covers, each 3.00 Resetting storm water inlets, each 12.50 Check $100.00 172 Pavement'on Virginia Street from Bid of Williston Construction Co. curb per lin ft. 0 .60 Grading per cu. yd. ,95 > Asphaltpavement Trinidad per sq. yd, 3. 9 Asphalt.pavement Mexican p per sq , yd. 2. el Asphaltic concrete Trinidad Per sq. yd.2.73 Asphaltic concrete Mexican per sq. yd. 2.47 8 inch conduit pipe per lin ft. .95 Storm water inlets each iin 14.50 Marginal curb per ft. .40 Resetting inlets, each 3.50 Resetting manhole cover, each ,50 Check $164.00 Bid of White Construction Co. Cement walk per sq, ft. .20 Grading per cu, y .90 Curbing per lin ft. .50 a Sheet asphalt Trinidad per sq. yd. 2.95 Sheet asphalt Mexican per sq. yd. 2. 5 asphalt, cone. Trinidad per sq. yd. 2.65 Asphaltic concrete Mexican per sq. yd. 2.40 8 inch conduit pipe per lin ft. .90 > Storm water inlets, each 12.50 Marginal curb per lin ft. .40 Resetting inlets, each 3.00 v Resetting manhole oovers, each 3.00. > Check $164.00 All of the above bids were referred to the City Engineer for tabulation to be reported Wednesday June 7th., 1922 at 7:15 P.M. Charles -Van Dusen appeared before the Board and stated he was building a new house on Humboldt Street and there was no sewer to connect up with. nd ffi d a ettiti n for se er on Humboldt Street from Allen Street to Blaine Avenue esolu on ordered prepare. Street from Paris &etiti%o ileO and resolution ordered for pavement on Carroll Petition filed and resolution ordered for asphaltic concrete> pavement on E. Madigon Street frgn Nqrth Eddy.Street to one half block east of Walsh Street. Street from Sample Pguilee�ntoiled a d resolution ordered for a pavement nn Fellows Remonstrance filed against Cutting --off corners at Notre Dame Avenue and Sorin Street. Same read and placed on file. Building Commijsioner's report for the month of May 1922 filed. Excavation bond'for the sum of $1,000.00 signed by Singer Mfg. Co. was approved -by the }hoard. ; Pole and wire inspector reports as follows on Lights requested by J. D. Oliver on South Walnut Street. I beg to reccommend there be placed Three are lights on Walnut Street between Sampli Street and Indians Avenue. One at the railway crossing One at the private road East to Oliver's Gardens and one at the south entrance - to the save mill. Same approved by the Board. Petition.filed and communication requesting that Harriett Street be improvedfrom Jefferson Blvd. to E`. Washington Avenue by pavement and sewer. Same read and placed -on file. > Excavation bond for the sum of $1,000.00 signed by Leo Tobinski was approved by the Board.. , 0 Excavation bawd for>the sum of 01,000.00 signed by James E. Haney - was approved by the Board. Reiewal certificate of Raymond G. Dale for one thousand dollar excavation bond approved. E eml certificate for the McCready Construction Company for the sum of 01,0O-0, approved.. Communication received from Indiana & Michigan Elea. Company in regard to lights placed gun May 1922 filed. Cemetery Sexton's report for the month of May 1922 filed. 1. The, followi ng communication received, from the City Attorney , read and placed on file and the City Market Masternotified "to confin the City Market to the Colfax Avenue Bridge and not to be extended beyond east part of Bridge on Colfax Avenue. June 591922. Board of Public Works South Bends Ind. Gentlemen:- I have investigated the matter referred to in. the attached letter of the Stevenson Underwear Mills and it appears that they have been correctly advised. The Case of City of Richmond et al vs Smith, 148 Ind. Page 294 is exactly -in point. It was there held that an abutting property owner could enl�oin the use by a City of a part of the public street for the purpose of a public market i� such market was establis'-ied and maint%ined without her consent. The facts of that case were peculiarly analoguous to the situation in South Bend. There are cases in other States where the Courts upheld the ri :ht of a City to maintain a market in the public street but a local Court would be obliged to followin Indiana Authorities. From this it seems that if the. Stevenson Underwear Mills Company objects to the use of the street in front of their peropty for such a purpose, it will be necessary for the City to discontinue such,use so far as it affects their property. Respectfully submitted, APPROVED L. W. HMXOND, ° JUN 6,1922. City Attorney. ° BOARD OF PUBLIC WORKS. ° L. B. SLAUGHTER President. The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT•CONTRACT. This agreement , Made and entered into this 6th. day of J e 1922 by and between -Wm.' H Burke of the County of St. Joseph and State of Indianakhereinafter referred to as the CQntractor"), anf.th Cit of South Bend in the County of St. Joseph, and State of Indiana, by and through i s Board of Public Works � here-Inafter referred to as the City) under and by virtue of an Act of the General Assembly of the State of Indiana' entitled " An Act Concerning Municipal- Corporations, approved March 691905, and a i amendatory and supplemental acts thereto:- witnesseth, that the contractor covenants and agrees to place water taps on Fox Street from Miami Street to Leer Street, in the City of South Bend, Indiana at and for the following prices:- 4 taps on long side, each $26.50 9 taps on short side, each 20.95. and to perform all work in the prosecution of said impro rement mxk-r WA au tg tQ *0 torasti aw on. ditfons of Improvement Rtsol+rtion No. _ 99?-------------- adopted by the OweArd of I) We ks—. 1J..,. ,1922. and the plans, profile and specifications on file in the office of the Depa. tment 4 PuMe Works, *%kh said resolution, plans, profile and specifications are made a part hereof as fully and eff btually as if copkd and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said wotu..dill proper skill and care will be exercised; that he ---:;l pron . r- )*�:t all excavations and daiigetttit® 014001� and will use all clue and proper precaution to or- v :_fit injury `,) .ry person or pron?rty; that i-1 tht event any Injury or damage resulting from the �v�r`: or res 'Al" from n^v utter or thing connected therewitfi or arising therefrom, to any pers^-i or property, h, 1 e 1 nay ar-i 1;0!lidate the same at his own expens@, kind as- sums the liability therefor; and in the event of any claim or claims being trade or any action or actions being brought against the city by reason or on account of or growing out of s �work rk or its construction, the sai contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all` respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, txptnse, p tit or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notifythe contractor of tine pendency thereof, thatl auy judgwient r4adered against the rikty +all be cencirsive against the contractor and agai€ tkst r r°° oia Ilia as' Is-6- a r an, adwr matters pertaining thcre:Wc And the contractor agrees to maintain said improvement and make auch repair$ as m4y be heat!§sary fot The period and in the rranne: as filmed by ;he arecifieatf�tis, and �� stt`ura ,e ma[�t�hae►►�li �fi� ttf�ll: t® a with the Board of vl _. Vlcwks a b cl with sumcicut surety thorean &ad lh ah ahl �t � ����.� the opeelfications. And in doer g such repair work tlke contractor and the autety o� his VIaththo Mod AMI oubject to the sarzie liability to the city and any ®+per-pers for tiny injury 6r ,dhmaK-e to ahy po s i eri y in the sais�, manner and to the she extent as is xed is flit la#t praecdjp� rail aplt" pg ei .thy �h struction work. A it is further agreed" by aal betwect-i sail f ;rtirs ttvq .t�c lie"pt&#ee of the wnrlf FoV1404 44F' lh $l § contract, or the payment thereof, shsil" not c :t: ti , Ntlivrr on tits et of tht 011y ®PAPV of too ROW lolls of this contract,nor sha11 it relRa3e staid ; or the stte€1`i1 b1i 46 itimA tea tip t�f h fhl p�tf�i = ance thereof; nor shall the aoccci.mz: -be pri k~;o r !r c,, the prrf€4i! _ i�� o1 nit p1€3�F?§1 h @i ilk cantract,"except to the extent of entitling the to tilt a nffact prt6a t}lptefof; The contractcir agrees to pay for all labor and i t ri is u"d of fu#-jl ed �€� bg vped lit Ag such improvement and in the performance of this c�tnact, whether ifte Or tuffiI56d 10f, hifhl nt h1g 406#1 assignee, successor or subcontractor; and the city may reserve out o{ any tail `-4hr e 1< d@ off y Wa€t lit favor: of the contractor or assigns, or out ©f the aa;6 rat due 'fn of jig a §} ifp6 f ®gip of the work, so much as mad Icessary to pay all laborers or t t is" for , AhM fj 9_ fef work dune Or mdterials used or :urnished to be used in the pwr(or.-_:S ot tmg C trw i0d, of said warm, "d the county treasurer, acting as city @wiles Messed f®r said improvewcat to tom' " � br : t �� � � v. ;�� t_;fi e" 44 d or sawgaiied 'file cont-a� or agr ets to remo all rir -visit, earth. and u r sod c 1 i4: 3tree4s ,upon the completion of the iwi prov4ncint or the repairing tbereef. ' The work of making siicia improvemmt shall be corlaleted ace:; ehrg to the tut, v, of ASc or beforethe,,,,; .. .............:..........................................................dipv of_--- ........-----------------------._..:.. ..__ 19........... unless thee far:the completion of the sar.,c -shall b'e e-_tended ix writi•,g by the :Roar•d of Pubtic Works. And it is agreed that any such e.etew^ion of time, or ary alteration of ti+;s contract or of the manner or metk- nd of doing such work shall in no veway. affect tine duties, obligations or liabilities of the contractor or his,sum- ties, It is Agreed that the contractor shall not assign this. "'art. or sub -let the work or any part thereof to b4 ciane hereunder, witho;-t t.h . w .i n c, ,. of th , t l oF p ;lie Works. It is further agreed and s in .la" d rs -t 'Q„ cnntr?c.tor shah give to residents of said cityand c=. ..its . pre£erta ce in.the employm,,rit of '111 labor necessary in the performance of this contract, and failing to :a so, sktall forfeit. to the. city the sum of ten dollars for each fail,.ire to observe this stipulation. Ar+ upori the performance of .all the tennis and conditions of this contract, and things to be done and gg erfpraae 1 '-,Y said colitraetor the said city agrees to cause the cost of doing such work;to be assessed,- col- lected uad f, a.? to said t...)atractor in `the tna n-n-mr fixed by the statute governing the making of such i%nprovs- si�xic. T6 a ch of the ce ndi iovx, Rid stipulations t2f this cretract, including all and singular the provisions and tems ief the plans, profile, : pecifications and resolution afar said, Haler usigpoignili bir-ds kinseN or its6if; Rlq!'�i t ruvectiVe suteww or or ai of %ch parties. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands- this 6thj day of June` 1922. %I. H. BURKE CITY OF SOUTH BEND, INDIANA. PER H. E. GOHEEN BY L. B. SLAUGHTER. , Contractor. L. P. HARDY ALBERT F. TIONER. Its Board of Public Worts ° PUBLIC IMPROVEMI-NT CONTRACT. This Agreement , made and entered into this 6th. day of June 1922 by and between Jos. A. Luther of the County of St. Joseph and State'of .Indiana R((her inaft referr d to a the " C nt actor"), d the Ciif of Sou h e: d in the un y of Joseph, and hate of �ndllana, by an througgh �ts Boar. o� Ful3lic Works (here}inafter referred to as the " City"), under and by virtue of an Act of the General Assembly of -the State of Indiana, entitled " An Act Concerning Muniepal Corporations, " approved March 6919059• and all amendatory and supplemental acts thereto :-- Witnesseth,, that the contractor covenants and agrees to Place water taps on E. Washington -Avenue from Sunn side,Avenue to Jacob Street, in the City of South Bend, I -diana at and for .the following prices, taps onlong side:, each $25.00 find to pBPf0fr1n fi# Work In the pf®peztttion of said improvement ruder and according to the terms and am dltfano 0.1 Imirovement soltition No, ............... adopted by the 00urd of Public Works ... Apr_U..4 ,1922. a d• tllc Olano,.. 0fild bind spsclficatfons on file in the office of the Department of Public Works, w1tich said fe�oltll?l r la i roAte and -specifications are made a part hereof as fully and effectually as if copied and Net old eth at full leftLyth, The contractor further expressly covenants and agrees that in the prosecution of said work all proper /bill and care i`'l!i bo exereisti�; th.-:t he n"I pron--- a--d all e-xcavations and da,ngeroua places, and kvill ule all duq and proper nr�icwittiol t0 flf'.i t injr-y --. _ry person or p^o-•?rtv; that in the went Q1. any Injury or dathne resul+ing'from the ..V^r': or r?,vi*i-g fror. a-v — .tier or thins connected therewith or tidal therefrom, to any person or property, h., .- ;tl nav a.,� lie -idate the same at �is own expense, and as - bale lie lllibility therefor; at;d in the event of any ciairt or claims be-ng made or any action or actions being rodght k4kinat the city by reason or on account of or growing out of •�.;d work or its construction, the said 06fltraetor will at hig own expense defend the same, and will pay any judgment recovered therein, and will in Wit respetta fully Indemnify and save harmless said city, its officers, agents or representatives from all cost, 0,elflle% ',P hi Or judgment recovered in connection with such claim or claims, action or actions. And if lthltf teh aya after any ouch action is begun, the city shall notify the contractor of the pendency thereof, %4AA Alai jVAf&%Vkt 11010tNt VPiftt the atyshall be conclusive against the contractor and against the surety l s * sax %p tb- Aw__ut, fiehi ay and other matters pertaining thereto. And the. contractor agrecto to traintain said im-provesrent aria make such repairs as may be necessary fox the period sad in the tnncj Rs fr-•cd "' the sordiAeations, and to seeare the maintenance -and repair thereof to file with the (loam, )t ;,.;, 4;,, cs A br.;,cl Nv;th sufficient surety thereon and in an amount M fixsd`by the specifications. And in do q, ouch rep air wostk th-e contractor and the surety tin his guarantee bond shall be aubjert to aria +mire lipl�t'Ilty to the city and a .y ovher er for any injury or dartiage to any person or prep- e?'ty in the salzw manner and to the nine octant a:,, is yeti in the last preceding paragraph covering the con- atruction work. Awi it is further agreed by az:i betFx;. =4 i r°t. s tizt toe acceptsisce of the work proviaied for in times' contract, or the paymetrt thermf, mhail n'm ,xis -,; a t9 •;.,'.tier on the Bart of t17;. city of any of titre provis- 1011A Of this Contract, trier shall it rcl .,;zc s.,? W: cr A. e, s :sa his to rift fog the i:aitH tl perforra- s,nce thtvfwf nor sliall thy;, :k;e crta,.ue be rry��. �7r�. � (,E toe l,ertc t-;;.:e cf a::y pi•o'<asiEsn of 'this contract., except to the extt-nt of cutiti, the, t,r tr life cam, ti t price tl.er-efor. The rc�ntracttyr acfrres to pay for all abnr aril , l; u�cd or f :ish,ed to be used in dke �alcng of such improvement and in the perform. arice of this ccfttrict, whither done or furnished. for high, or his agent, assignee, successor or subcontractor; and the city tcay reserve out of any allo .s,�rlce we&,Ae on any estimate in favor of the contractor or t,;- assigns, or out of the duW 111rn or L's assia-as upon the coinpleties of the work, so much as ma. cessary to pay all lab<;re.s tz tar..ttex•taa amen fordtte them f,6r wore done or materials used or :urnished to be used in the corttrict and tie sleingg of said work, and the county trcdsurer, acting as city trc �_:er, � � fir � / e� � � fsvm property owners assess®d for said improvem,co....'. to P;v h4c h :'r , ,c paid or satisfied 175 Continued e2:_ to rem a+I rv'�:,'.:h. earth. and umzsed material in the streets or s r Caj upon the completion of the imnroaenl it or the repairing thereof. The work of making such improvement shall be con Meted according to the terms of tft eontratet on or before the ............ --..----- ----dw of------------- 19.........., unless the time for the completion .of the sate sliali be extended in writing by tthe Board of Public Works. And it is agreed that any such e'ten�ion of time, or ary altera.`ion of this cmitract or of the manner or meth od of doing such work shall in no way affect the duties, obiigatiors or liabilities of the contractor or his sure. ties. It is agreed that the contractor shall notzssi.gn this "-�.�t, or st b-let the work or any part thereof to be done hereunder, wi',,:hoi1c the vvrit .gin co of th- t;,.. rd cF P;;hlic Works. It is further agreed an-1 stipalaled ��t ":- con ractor shall Give to residents of said city and -cwmity preference in the err. ployrr. at of -11 laber nec�-sssary in the perfor;�ance of this contract, and failing to dig so, shall forfeit to the city the sum of ten dollar, 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 perfortnied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve, - To each of the conditions and stipulations of this contract, including all and singular the provisions and berms of the plans, profile, specifications and resolution afaresaid, the undersigned binds himself or itself. and We rv�anective successor or assi; ns of shell parties. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 6th. day of June 1922. Joe A. Luther CITY OF SOUTH BEND, INDIANA. Contractor, BY L." B. SLAUGHTER L. P. HARDY ALBERT F. HONER. Its Board of Public Works. PUBLIC IMPROVEMENT CONTRACT, This agreement, Made and entered into this 5th. day of June 1922 by and between Williston Construction Company of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the " Cit ") pder and b� virtue of an Act of t#e ener 1 Assembzzy of the State of Indiana, enti le. An Act Co icernying Corporations, a�roved March 6,1905, and all amendatory and supplemental acts the--reto:- Witnesseth, that the contr ct ro covenants and a reps to Instruct Mexican Asphaltic concrete pavement on Donald Street from Kiaini Street to Leer Street, under Improvement Resolution No. 959 In the City of Sauth Bend, Indiana, at and for the following prices:- 781new.inletso* each ing.per.cu:.ya...............`...:14.00 10 inlets reset , each... 3.00 4 manholes reset, each 3.00 244 lin. feet of 8 inch vitrified pipe per lin ft... .90 170 lin. feet of marginal -curb per lin ft........... 5 4250 sq. yds of Mexican Asphaltic concrete pavement per sq. yd............... 2.17 Add 3% to contract price or #511,02 contract price $10,367.50 Total contract price $10,678.52 aid iW prl6rm aff work in the prosecution of said improvemmat umkr and scsa�eg to Se VW and tea, dlOp l§ 'gf Improve€ tent Rtsolttt,®n W-0::.9adopted by the hoard of ftbiie worlla�_—Aptmil_, ,1922 . and the plan§, profile and specifications. on file in .the- office of. the DepaTXrr}znt of Pubhc:, Wodm, which said Fe§oil tin®n, 1 lau§, profile and specifications are made a -'part hereof as laity and effectUa11X as if copied and §@t gut hcrdn Ist full length, y " The @out€aetor further expressly covenants and agrees that in the prosecution. of said work all proper §kill and cafe t»ill be exercised, tizat he "I Fron r � .�-d protoet all"excavatiom and dangerous places and fvill tt§e a.il due and proper prec� ltion t"o orev t inju v «,, Kny,person or pror:arty; that in the ewnit 01 any injury or damage resulting frcm th- ^�-' or rF. +i` t+g from y m�:tter or thing connected thelewtth or arl§iu therefrom, to any pers�-i or property, he ,= 4: -av ,r l idit the ssme at tis own expense, and as- §uinq e liability therefor; and in the event of any c;a_ri or clams being made or any action or actions being brought &gl?'-nst the city by reasoa or on account of or growing out of s�id crow or its "construction, the said contractor will at his own expense defend the same, and Neill pay any judgment recovered therein, and will in all re§pe@t§ fully indemnify and save harmless said city, its officers, agents or representatives from all cost, twpartae, pa at or judgment recovered in connection with such claim or claims, action or actions. And if within on days after any such action is begun, the city shall notify the contractor of tke pendency thereof, flAiw any Jud*ent readered against the city shalt be conclusive against the contractor and against the surety Aa kit wa*Uvkt�w bcad, a4-p th- unmet, iaa bi&V gad edwr matters pertaining thereto. f76' F. the eo t>a�ar.agtcrs to in2cs teen i€� rm� ra��ttacnt a:,u ..;a..e 'u,:.i1 repairs as.may b-- necessary the cr d ftt `tlte tstaf ner s;%xec! by the s0P'Ic catibns and to secure the maintenance and repair thnr( <oj to 4 tv$th t;te lm of t bite Works a bond,_ ond tiyi h sufficient stircty thereon and in an amount es fined by the 006Ae €i�hs n in n such` repair wor!� tfie contractor and the surety on his guarantee bond shall be ttbj. ct €®-the satt,i,c ltabiiity to ;the city an any o*fir person for any injury. or damage to any perr�..n or prop- erty in the a e matrnbr aid k_ th`csathe tent a+s;is xed in the last preceding paragraph covering the con- 6€f4t�tt®his'- %d it is lixrfher sgteed i aq b t1ceen 5244 �art�-s,that the acceptance of the work provided for in this eft tr�et, tl tpayment."th r f, sh,;"it t+,at; c �atitute a -waiver on the part of the city of any €�f the provis- f®Its bc>€ ltis: contrast* not, shall it iAea e said c arY :star,:ur the sureties asp his band for the faithful per.fozsa- alc thtcf, 40, shall ;lie nccetac, be prima .Estee, evidence of the performance of any, provision o#.;this coai<ract, et€eepf `tq the e:�dc t pf entitlin tie contractor;.to the contract price therefor. `'The contraetor agrees to pay for all abor and n3aterialc used or furnished to be used in the tusking of si It ltupt'ovtm t acidd 6 thi, p rf664ance of t11ts..contract whether done. or furnished for him, or his agent, Mign, e, saictcsspr or, aaboontracto#.,;..and ffie•.cit),'may re;erne out of any allowance ade on any estimate In favor of; the oon ractor Or i3 signs, or out "of ,the ainuuut due him or his assigrtll upon the completion of ;thy i> 6rk, s® ritu' h V.S, ;ce sary;-Jo pay all laborers or umleriat Lassa it ounts dad: Bleat #or wiirit due•: or, xeiatcsiali used sir iirxuA4e to be;. used in the performance of this contract find tlio doming of aidwont, Ltd t4� t`oizrit• tit curet',_ `actlIi as :city treasurer, m y retain ru:ortcy troll frow property ®liner% asst#. for said xnprprehfte t to pay auh debts or uusif tlte: cont aa+ cuw ahs th" 1hey. ltays,boieta ta i .®r sattafiid e cc: t "•,c e2_1 tO r0niv., : ail rtt iii sn,': earth, aid tx;tr+used material in tAre Streets or upon the ccgmpl'eti6n of the It .or tht7 reps.ring thereof. Flee work of tnaiCing sprat iti0rov nient shall 1>e cornDleted according to the terms et On aostrsat".un ar before the;. = b: -dev of unless the time,fAr the completion of,,the car^ sliali be ex+ ns�d itt wr t ng by the Board of PubMe Works; end it i� ;agreed that any such a xte :y ou of: rirtle ; or any aitera *,on of this contract or of the manner or meth- od of doh such:work. tall iti nq -waq a:�ffe't, the'�duties, obl gations or lia.biffties of the contractor or his sort- agreed that the contractor s?Ial} not assign this �- (,t or sub-let'the work or any part thereof to be d®rte helrtundcr, wt*fii�r the �v.I en C. ).:: ?,. of the 1: , i. d : i P +',i;c Works: It is f.ti� Cher agreed and s*s,��lw~eel *lit *: contractor shall give to residents of said city and cmaty preferencc, 'in the empfoyrn nt. of all_Tata_r , ; ess�rq in the performance of this contract; and failing to do so, /hall fari„it to the city the sum of tAn dollar_ for`'each failare to observe this- stipulation. .Arid Mott the performance of all the terms and conditions of this contract, and things to be done and perianned by said contractor the said city agrees; to cause the cost of doing such work to be assessed, col- lecteci lid >e4-said conttractor in tht, marmot -fixed by the statute governing the making of such im roves etsat� � , To +Dacia of tltie oondittonc and stipnlat-tons of this contract, inclueiing all and singular tl c, ptovieiom and brK t of tilt glarig, profile„ speci$cations and resolutiolt:'a€oresaid; tlw tsAknigned'binds hin3seff p> itself, tad t 1 ractivg succcasor'or 48ej os of, such parties. = In Testimony Q�hereof,e theforegoing named parties,hereunto set, . our hands 'thi s 5th* day o f June 1�22'. WILL'ISTON CONSTRUCTION COMPANY BY E. A. COATES, CITY:OF SOUTH `BEND, -.INDIANA_: Vice President-. BY.;�==h:' B: Sf AUGHTER Contractor, LW P.:- 'HARDY .. , • ALBIi-ZT .F*. 'HaMER Its 'BoaVd 'of Public *Warkg,- , CC*-,`S7z'JC T 10fq BOND '.:.'-'."1."�•:�`-,AfyVi�:.=-.;;►� *3. That we-:,------_-_ W1li.ston Construction Can - : ol-lt -y cut the Ccx:nty of St • _Jo Indiana - - . ...... , ._.., as prin pA4Ind ,_._C:lAh�..-TnFlwmt i iiy f;Q e . of the bounty of _ _and State of__-- New York __.....-._-.. as sureties, ark held and firmly -bound to the City of South Bend, Indiana, in the sum of_..- ....... -..._......._....... .-_....Ft ve tibmi;3 and t.h°rAA -1Mn:_ r-e--&nd=_ Q�t---------� ( 5 340 00 .�L-------------------_.-.Dollars s , for` the pspmext of which, well and truly to be made, we jotntlp and severally bind ourselves, our he fs, executorsi ,edminstrators and -assigns, firmly, by these presents. The #toiiditi6ml of the of ligation` are such that if the above named -_-------_�____ QQmp. n,___shan faithfully comply with tl& €oragFoiaig ccatra", rna& anal enteral into tht_- __ � eh_ R-------- day of.-------- rvith the di- of :South' Bend, Indiamand shall fulfill ale the conditions and stipulations therein contained, accordtttg to the 'true intent.,and mea.iing -fhereof, in all respects, then this obligation to be void, otherwise to. be. and rmatn in f ail `force and :virtue in law. In the evert the said City shall extend the time ,for the compleI on_: of said work, suds extension shall,tot in any way release the sureties on this bond. TI shall �be a construction bond, and the sureties on the same shall not beheld responsible for the maintenance and repair of the. improvement after it has been accepted by the second party, but such sureties small be held responsible for the `'fait'-ful compliance with all other conditions, stipulations and requirements novered Inp or, set out i1i bhe contract. WITNESS our hands and seals this...._.....� 5th.,_---_day of June 1922.�M 19.,K,.... GLOBE fgJ,MpfINDEMNITY }C}/O.y► WILLISTON CONSTRUCTION CO An -fact s� - --(SE j BY vita rob ....vo. * s ._ _ ......�...:(ST: The above: bond approved this. 61;h. clay of .....................sj11Y1 -B: SLAUGHTER ALBERT F. 111ONER-1 board of I'utulis Worfj# Tuesday June 6th., 1922 Continued, PUBLIC IMPROVEMENT CONTRACT. This A emene,t -Made a entered into this 2nd. day, of Jun 1922, and between Hopan & Roagh the ou.nty St ,Josepph an State of Indiana herein'J r referred to a thhe C ntractor t d the City off'Sou h e. iinfe Cou t o ; Jose ha d - tie A �nd na, � and tl rouiB u liAeks �hh re nt �e re e�rfed A? as t, e ity un er an byvie ue an Ac o e Generass tmbly o� t o Mate o In ana, entitled , Ac Conewrning Municipal Corporations, approved March 6,1905, and all amendatory and supplemental -acts thereto:- Witnesseth that the contractor ouvaa is and and agrees to construct psvement on Sycamore Street firom Colfax Avenue to La Salle Avenue, in the City of South Bend, Indiana at and for the following prices:- 510 cu. yds . of grading per cu. yd... Inlets complete, each.................................10.00 1775 sq. yds. of concrete pavement per sq, ya:. , ....2.35 and to, perform all work in the prosecution of said improvement mrier and aveor4liyg to the tu"nni asl seriy ditions of Improvement Resolution No, ...953............. adopted by the Board of Public Worir,_. March �25 91922. and the plans, profile a.rd specifications on file in the office of the Department of Public, Works, which said resolution, plansi profile and specifications are made a part. hereof as fully and effectually as if copied and set out herein at full length. The con+.ractor`'further expresslcovenants and agrees that in the prosecution of said work all proper skill and care ii�.he exerciG _d; that - he '1 n-on = ...•-d p o`•^ct all -excavations and dangerous places, and !r0l use a'-! due and prr:T)er pr ca _.lion to or . t ,Stu=y^t� :nv person or Fr,, .arty; that in the event 4f any injury or damage resulting from- t':.�A �� : or res ,i`,g frnrr a .v m3.tter or thing connected therewith or arising therefrom, to any person or property he t-- It. nav PT-1 lies,.iidate the sarne at his own expense, and as- sume the liability therefor; and in the event of any cla r1 or claims being made or any action or action§ being brought against the city by reason or on account of or growing out of slid work or its construction, the said Contractor will at hjs own expense defend the same, and will pay any judgment recovered therein, and will in all', respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment.recovemd in connection with such claim or claims, action or actions. And if within;,ten .days after any ,such action is begun, the city shall notify, the contractor of the pendency thereof, then any judgment reodered against the city shall be cenclusive against the contractor and against the surety on We tisastssxiiaa 1lwd, az is the ariaaat, link y arad otitr matters perit aining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary L::, the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file with the Board of Pubaiic Works'a bond Vith sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work tUe contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any wilier person for any mjury'or damage to any person or prop- erty in the same,.manner and to the same extent a-s is fixed is the last preceding paragraph covering the con- struction work, ' And it is further agreed by and between said parties that the acceptance of the work provided for in this contract; or the payment thereof, shall not constitute a waiver on the part of the city of any of the �rov:s- reties oa his bon ions of this contract, nor shall it release said caIItractor or the sud for the faithful perform- ance -thereof; nor shall the acceptance be prima facie evidence of the pe forinance.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 tie making of such. improvement and in the performance of this contract, whether done or furnished fqr him, or his agent, assignee, successor or subcontractor ; and` the city gray reserve out. of any allowance wade on any estimate in favor of the contractor or H. assigns, or ant of the amount due hire or his assigns. upon the completion of the work, so much, as mad cessary to pay all laborers ar reateeriai esi far ,amoifats due them for Work done or materials, .used ..or .:u nshed 1.i? ba' used in the performance of this -contract and the loing of said work, and the c.Punty`.tr' asurer, aactil �g. as. city treasurer; rsia retain risoaey ev tsd ft rn property owners assessed for s,zld improvennelit to pwy gnph'debis or riaai thx "slaas�s *s,t fey have inre Paid or satisfied l:ie coat -•a o; ag:-ees to remo--c all ru!)Wsh, earth, and trrue1W nW*W%J it strtaft or �d upon the completion of the improvemc;it or tfie repairing thereof. The work of making -.such improveaent shall lie compktet ae; ng to fs terms of til4s eamtrasrt osi or before the .............................. ..day of... .., 29........... unless the time for the comple+ion of the sane shall be eateaeiel In* Wrting by the E��ar.rd`of Pul#ic Workr, And it is agreed that any such ectengion of brae, or any alteraficm of this contract or -f the leaner or meth- od of doing such work shall in no way affect the. dsrties, obligztior�s or :lsabslities of tl�e contractor or i�js swe- ties. It is agreed that the confractor'sh4H not �.ssign thrs �Mr rar ,or sub` -let the work or, any part thereof to be done hereunder, withar r the ti ;t :en c.o , t of the b. ril Works. It is further agreed and stipuIa Ad rh^t r. contractor shall .gi ye to residents of said city and eo'maty preference in the employm ant of all .tabor necessary rn the pe 1' mince of xh.s cent-act,•atid failing ta�a so, shall forfeit to the city th,, sum, of ten dor.11ar's for each failure io observe this: sti ulation. And agog the performance of all :the terms and. conditions 'off this contracts and things: to be done and erEotsered by said contractor the Said city agrees to cause -the cyst of doing Such' vrork to .be assessed, col - Ina and lati.'to sail contactor :n flee InaTTA fixed by_ the. statute ggoverntng, tine making of mach Iimp'rovo- fair. To so& of the oanditim and st ulatiom .®f this-cagtract, inch 1* all and sr�a }tlar the ,provis cuts and bass of the plans, profile, specifrcailora and resolution aforesxrdr t tmd igned lxndsF.hsazs F or itsol.f. tad IN IVAPeCtive successor or atw*"w of such: parties. In Testimony Whereof, DVe, the foregoing named .parti", hereunto _ set our hands th_i,s 2nd.. day o.f ,Tpne 1922, ' HOBAN & ROACH City of `South Bend, Indiana. BY M_ : J . ROACH BY L. B . -' SLAUGHTER Contractor, L. P. HARDY ALBERT F: HONER* - Its Board of Public Works. ins CC1*25`f°PzU-41T,""C BOND all noa by th o eta„ That we------------ Hob8n...?.... --------- % ; tho ;Cone �iaf - -- - . _ _... .. .. d State of . K Yopk �. a Wren held pssd firail bound io"fhe cCrtjr, of South Bend, Indiana, in the sut'of..:. ..:�;. sitr c _aay >ta .. salght Milan 2.378 - Q0), b the, aye t of rc%; . v�ell ail i , tru37 'to he made; we jointly and severally laud cut sel�+ea, t iir lleirai tut, adltistrat8r'li jr then - pt esents. ' i®als df e! e I3ga x sa dre uc�i: th fbat y if'the above ROID�J. 4 tiC11. •faithfully, com*y with the fen4geimg EtsoreAr . , .. Jules _ 1922. e�fer6r� tiito't y f --- --- - ` - - 9- ... _._--....... 19....... � �i�r o with the'(at'�_i}toiiiii lend;`Iudsna an4. ds atlirl�ill a.l the. conditions and stipulations therein containtt, accordifi,` to the truer potent �: k6 heasiing_ thereof, a all respects, then this obligation to be void, otherwise tee. be and icmaif �n`t rore;, snd ai-rtve fn law., tithe even''=_ the said City shall extend the time for the coitilple a r of `card war E izci ; Yi ens�on gh�ll n6t lin any way release the sureties on this bond. This shall be d,- instruct i0tr hpnd,. aid �-the sureties on the same shall not be held responsible fflr tke mmrnierlattCti art j xe 1 f the irnprovemed d'fte it .has been accepted by the second party, but such su:retios shall be.ld re,nsttletc�t'•`tl�e fait; Sul coMpliance� vrith all other conditions, stipulations and regnirearte c�si•�•eatt `1iy iir.-let oast. lfr fit cai�tr«,`,t, ` :1cYYanmli.z+n c� :}'t -_ si i i - � :- a - � _' ,� 4_ -71a � , -------['��` �^-•".^-.•-^"- — AME�WAW,SURETY C4iPANY' OF NA s -- --- --` RVIVEdezit As9,71V ri - -5ee t�proere any :...__,,::�• , iFR ved thia�. �....�....�.:::�. ««.ASI-R L P r ..MDY city ,• atitx�ma+, „-- - . vwmc wkm�w PUBLIC IMPROVEMENT CONTRACT. T is Age ent � a nd it* a in o thijs th da f J e 1922 an bIt Wee�n o ,gg. l u to afn c nun t. Hseph an Sfateyo In a Q9 Ker na referred to as �he nt act r , a d the C t of South��tt,heun a J se h nd State pf ndI , anR t rou its Board o �uBl c Yorks hereiinater referred# o as the C t �ap r and. y v tue of an Act f the General Issembly of the State o!f Indiana, ent tl�d An Act goncerning Mu- nicipal Corporation approved March 6m1905, .and all amendatory and supplemental acts thereto: Witnesseth,that the contractor covenants and agrees to place water tapd on_Donald Street from Miami Street to Leer Street, in theCity of South Bend, Indiana fat and ib2G the following prices:- 11 taps on long side each . ....................$25.50 9 taps on short side, each ................... 20.50 cad W- pgr1ofte All wofk Itr the r ecytion of said improvement der and aceorarig to the tern= wd qs, ltio e of 1mVfovemant Atonholon No, .,.'Ve --_.., adopted by tim Board of Public W*rks,,,.,_„Apx11. 6,1922 . #led tl:e pl0m, pfofila idd specificatlons on 3ile in the office of the Department of Pubfic Works, which Nall r�6ol tic ; pia e* took and specifications are made a part. hereof as fully and effectually as if copied and Not odd erelfl at full length, The contractor further expressly covenants and agrees that in the prosecution of said work all proper eklll and care will be exercised; th»t he • ,;ll proner'., all excavations and dangerous places and 1vill use all due and proper precaution to prevent iriu-y to .ry person or pre-:erty; that iu the event Q1 an injury or damage resulting from thn. war': or resuitirg from a-y riatter or thin ronnected therewith or ;F IR therdfrorrt, to any pers��t or property, he ; '11 nay arri 1i :-idate: the same at is own expense, and as. sume he liability therefor; and in the event of any cia ri or clams Ming made or any action or action® Mein bralight against the city by reason or on account of or growing out of s --;d work or its construction, tke sai eantrattor wilt at his own expense defend the same, and will pay any judgment recovered therein, and will in all reapeeta fully indemnify and save harmless said city, its officers, agents or representatives from all cost l t,jtti ej lint fir judgment recovered in connection with such claim or claims, action or actions, And ii lieu ktu tan ay% after any such action is begun, the city shalt notify the contractor of the pendency. thereof, t1ft. ally in ►*nt rooered dust the. city shall be conclusive against the contractor and against the surety ea hurl eraat ea as tie t>lhw av, kWwlnw aid esAw matters pertaining thereto. _ And the contractor agrees to maintain said improvement and Make such repairs as may be necessary 16t the period and in the ;Wanner as fixed by the soPci'Acations, Reed to secure the maintenauee and repair thereof to file with the Board of PuNic Works a bond with sufficient surety thereon and in art amount ag fixed by the specifications. And in doing such repair wo;k the contractor Lind the surety on his guarantee bond shall be subject to the sane liability tc the city and tiiy o*er person for any injury or damage to any person or prop- erty in the same manner and to the same extent a.-s is fixed is the last preceding paragraph covering the con- struction work. Axd it is further agreed by and bctwcman said rvarties that thp aceepta&c@ of the work provided for to thus contract, or the payment thereof, sl_all rvt s.ittte a waiver do A - part of the city of any of the provis- ions of this contract, nor shall it release said :;atr . -tor or thr— sureties a& his bored for the faithful perform., ance thereof; nor shall the accepts :ice be prr i= evider.. a of the performance of any f rovWon of doss contrace, except to the extent of entitling the co: t:uctor to the contract ptice therefor, The contractor agrees to pay for all labor and materials used or furnished to be tined It the making of such improvement and in the performance of this contract, rrhethor done or 4ttirniglied for litre, or his agent, assignee, successor or subcontractor; and the city may resesree; out of +fly allowable Mgt on any estimate in favor of the contractor or 11;,, assigns, or out of the amu t ohm him or,leild 6e681gUN upon the eompletips, . of the work, so muck, as ma-, :cessary to pay all laborers or miterial me& foe' &tsa to "d there for work done or materials used or :urnished to be used in the por 6r �e of tWs emtract sod the rloifig of said work, and the county treasurer, acting as city tri er, WAf retain Isafty 406NOW ifto property owners assessed for said imgroveeaeut to pay each d w w lx o kwn paid or satisfied �: .-, Contnued. t0 rerno- 3 all rvhbisn, earth. and :vmi sed tvk%tari�l in t sY�BdG ;, upon the completion of the imnroveinc-A or the repairing thereof. The work of making sucla improw!uent stall be comoieted accorrdirg to ibe teTTnr, of fflk, r>=� A:j-,-mot waf before the ........................ a ...------------...-F- 19 ..._... ---- day cf upless the time for the completion, of.the sar shah b,, ex+e!'4e-4 ire Rwr;ti by ttee Board of Pubik Work&. And it is agreed that any such extension of time, or any alter, -pion of this contract or of the manner or met±k- od of doing such work shall in no way affect the duties, oblig,.tiow:s:or liabilities of the contractor or his stwe- ties. It is agreed that the cor•*ractor shall not ^ssi-n this *, or S,.h_let the work or anY part thereof to be lane heTet,ncler, wi h. h > r -n + f h { :l h};z Worlrs. t is further a rer �l u ' o residents of said city and crony �• •: c� r ,e�or �h, j �,:�� r preference in the employ !t of --nary in the serf; irnl2nce of this contract, and faaiing to viz) so, ®ball forfeit to the city th,; S urf o n c9;.)lla. s for each fail -re to observe this stipulation. And into the pertorm�ric l of a the t:errfs and cordit:o,=s of this contract, and things to be done and Jer$cnired by said contractor the said city agrees to cau e the cost ofdoing such work to be assessed; col- ectcd Aft! laid to said contractor in the manner fixed by the statute, governing_ the making of such improve - To ve-.6, of the cenditioas and stipulations of this contract, including all and si-Agular the ,provisiotts and WMI of the plans, profile, specifications and resolution a.for-es•n d, tlx:, i�rre? binds hiMSt f oY itsrl.f aad 11sat rraorctive succe"ar or asa61%. of &-ach oartie5: In Testimony Whereof we, the .foregoing namedparties, hereunto set `our hands this 6th. day o� June 1922. CITY OF SOUTH BEND INDIANA. J9BEA. LUTHER BY L. B. SLAUG-WER Contractor. L. P. HARDY , A LBERT F . HONER , Its Board of Public Works._ t Clerk of the Bo�'rd. The following claims war* approved.by the Board. Garbage Dept., Engineering Dept., Street Repair Dept., Cemetery Dept., Street and alley Northern Ind. Gas & Elec . Co. News Times Prt Co. South Bend Tr rune Welsbach Street Lighting Co. the Board Shop The Herr & Herr Co. The Herr & Herr Co. John A. Swanson Weisberger Bros So. Bend Clean Toel Co. City water Works Electric Service , Indiana & Mich. Elec. Co. 548.255 446.05 4000.40 13,81110 71.65 55.41 lo6.ee 1.50 6.69 3.80 1.00 5..25 .00 .39 3.43 69057.43 X16 /C President o Board.