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Home My WebLink About06/13/1922 Board of Public Works Minutes185 Board met in regular session at 9:00 A.M. All members present. Re resent hives of the New Jer ey, Indiarja & Illinois Railwa Com any ,, nd Studebaker Corpore,tion pe red before the Boar in re area to petition and lue rac prints* for sidetracks into Studebal9p L4rporation, after discussi§g the contract and blue prints, the same were approved by the Board. STATE OF INDIANA ) ST. JOSEPH COUNTY (SS BEFORE THE BOARD OF PUBLIC WORKS OF THE CITY OF SOU12H BEND, PETITION OF THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY FOR FRITACHISE FOR ADDITIONAL, SIDE TRACKS. To the Honorable Mayor, Common Councl and Board of Public Works of the City of .South Bend; Yours Poteitioner, the New Jensey, Indiana & Illinois Railroad Company, respectfully shows by this, its petition: 1 That said petitioner is a corporation duly organised and existing under and by virtue of the laws of the State of Indiana for the purposes of. operating a steam railroad and particukarly organised and existing under and by virtue of the General Laws of the said state pertaining to the organization and existance of steamrLilroads. 2 That said petitioner is duly authorized to maintain and operate its ppresent steam railroad in the City of South Bend under and by virtue of Ordinance Number I250 adopted by the Common Council of the City of South Bend February 28th.9 1904 and .Ordinance Number 2100 adopted, by the Common Council of the 6ity of Soutih Bend, Judy 12th., 1920, Your petitioner further respectfully shows that its owns, operates and controls �► steam railroad in the said State of Indiana and partdculiarly.in and th ou h St. Joseph Count in said State, and in Ind from the station Pine in said 6ou-ty.in a no therly alrection in and to the Cty of South Bend, and is a common carrier of freight and passengers for hire, both in state and interstate commerce; and. that its line of railroad connects with and furnishes interchange of traffic with other lines of railroad engaged in such commerce; that in order to privde accommodations necessary to accomplish the purpose for which said. Company was inc orporatead, and in order to furnish proper and adequate public facilities in the discharge of its duties as such common carrier and for the p urpose of improvement of its road by the construction of additional yarn facilities, it has become and is necessary and desirable th& t said ppetitioner construct, operate and maintain additional switch or yard tracks Bs.at of the V�e!st line of Prairie Avenue, immediately North of its pr se , t industrial. spur track in said City, f Prairie A more specifically referred to ar tut said petitioner hasty pproper legal proceedings acquired the fee simple tithe to the necessary lands therefore, 4nd petitioner says tM t it desires add intends to use such additional side or yard tracks, and the land obtained therefore for railroad purposes in the storing, receiving, handling and delivery of freight and passenger cars, and the loading, unloading and interchange thereof in the discharge of petitioners functions, and to put the same to such uses as such yard tracks and facilities are.generally put in the operation of a steam railroad as a public carrier. 7, That°the additional switch tracks above referred to will lie between the West Tine of Prairie Avenue and the East line of Kendall Street in said City of South Bend,l that Prairie Avenue will be crosssed by one (1) of tuch additional tracks; that Catalpa Avenue will be crossed by two (2) of said additional tracks; the alley be- tween Catalpa Avenue -and Chapin 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 b five (5) of said wdditional tracks; and that Kendall Street will be crossed by one (J� of said additional 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 streets and alleys.; that all of said sracks 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 PemsylvalAaLines; WHEREFORE this petitioner prays that it be granted permission to constrl maintain and operate within the City of South Bend, its said proposed additional switch or yard tricres. NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY APPROVED BY JONES & OBENCHAIN. JUN. 1301922. Attorneys, BOARD OF PUBLIC WORKS. BY L. B. SLAUGHTER ' President. 186 13th.. 1922. Continued. IN THE MATTER OF THE PETITION OF THE NEW JERSEY, INDIANA & ILLINOIS °RAILROAD COMPANY FOR PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE ADDITIONAL SWITCH OR YARD TRACKS ACROSS CERTAIN STREETS AND ATZEYS IN THE CITY OF SOUTH BEND . R E S O L U T I O N. THIS AGREEMENT, made and entered into at the City of South Bend, this 13th. day of June, 19229 by and between the City of South Bend, acting by and through its Board of Public Works, and the New Jersey, Indiana & Illinois Railroad Company, WITNESSETH, thst Whereas the &bove named parties entered into a certain franchise for the construction, operation and maintenance by the said Railroad Company of an industrial spur track, extmddng from the main line of said Railroad Company to the Southwest cornerof the Studebaker Corporations' Plant in the City of South Bend, which contract was duly ratified by Ordinance No. 21009 passed by the Common Council of said City on July 12th.9 1920 and WHEREAS, in said franchise it was provided " The right and privilege herein granted -to construct, maintain and operate an industrial spur track shall in- clude the right to contract, maintain, and operate a single or double 'track with such sidetracks, switches, turnouts.and crossovers as may be necessary, provided, however, that the New Jersey Indiana & Illinois Railroad Company, its successors and assigns shall not for any purpose cross any street with more than two tracks without furAher consent of the Cityy, but no crossover or turnout sha1T be constructee or maintained in any -existing or future street," and WHEREAS, the said Railroad Company new desires to crass certain streets in the vicinity of the Studebaker Corporation's plant with more than} two > (2) tracks. , d etwee a artieg that said Railroad Compa�A i 0 e io s c aa� _ mp ►e ci o con t at, operate and maintain one 11T addiVonal track across Prairie Avenue; two 2 additional tracks across Catalpa Avenue; four (41 dditional tracks across the alley between Catalpa A ehue and.Chapin Street; five (5 additional tracks across Chapin Street and the a�ley.between Chapi* Street and Kendall Street; and one 1) additional track across Kendall Street. This permission is given and acceppted, and said additional #packs are to be laid by said New Jersey, Iniana & Illine3s Railroad Company subjeo t to all the conditions stated in said Ordinance Numbered 2100 of said City, passed July 12th. 1920, authorising said Railroad Company to construct said industrial spur .track, all the terms and coni tuns of which Ordinance Numbered 2100 are hereby made a a part of this agreement. The permission hereby given shall be subject to the approval and confirmation of the Common Council of the City of South Bend, THE CITY OF SOUTH BEND, BY L. B. SLAUGHTER L.P. HARDY > ALBERT F. HONER Board of Public Works. NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY. BY T. A. HYNES. President. J. W. Toyne'Supt. of City Water Works appeared before the Beard, in regard to taps into City property. Board granted Mr. Toyne permission to have W. H. Burke Ca*tractor for water connections on Main Street to put in two inch tap on property -owned by the City next to City Hall instead of one inch taps. also to have a two inch taps put into City Hall. Grade approved on 4th. Street from Mishawaka Avenue to 1st, alley South of Vise Street, - Communication received from Dr. Jacob Goldman in regard to pole owned by Indiana Bell Telephone Company at corner of Greenlawn Avenue.and_Mishawaka Avenue, and Board ordered same moved. ° AttorneArthur gubbard appeared before the Board and presented petition. for the vacatioK of the first east and west alley north of Navarre Street for the distance of one half block along the north half block along the north line of the property of Epworth Hospital and Training Scheel as shown by Sketch below. The plans of the hhospital calls for the use of this alley. Same fled and resolution ordered prepared. i a Y 1' V The f®llewIng petition filed by W. -D :Teeple and ap it®vedb ' by the Board, The Honorable Beard of Public Worts, ' South Bend , Ind . Through the -building Cown�issioner, Gentlemen.: A.c in S®r.'the "Ceasumerts Service Ca, Se Bend, "Ilid, the .undersigned respect- fully peti-t..'n .your Henerable Board for upermiss�.eato "erect at: the . southeast" corner of " has t Jefferson B lv"d and st,, Jode ph S.ts a irarquise , ' under Sec 452 ;Page 107, of the Building Code'.*-- Marquise to extelmd 6'-&' from -builds"ng line, and from southwest corner ,of )3u`ild,ing, on St, -Joseph :St, along west and north fronts to a point about. 44' _0" .from nortbwest corner on E . Jeff* Blvd. To be constructed in accordance with the' .Build Code, and" with its lowest point, about 111-fir" :above the sidewalk.. General construction to be in accordance with the c c om a ny ing draw ings . a z4 s pe c if ica t ions Location of supporting chains will be altered so"what , as it has been found tba_t two of them as drawn would c-ome directly. in windows above. But no panels to be longer than those shown. The writer has filed schedules of estimated weights, etc., with the Building C ommiss ion , for .his checking, Very.1respectfullyt W. D. TEEPLE, APPROVED F` June 13 ,1922 . BOARD OF PUBLIC WORKS. BY L.'B. SLAUGHTER - President. The following resolutions were adopted by toe Board. STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 996. Be It Resolved by the Board of Public Works ,of the City "of Bouth Bend, St. Joseph. County, State of Indiana, hat it is desired and deemed necessary to improve Gertrude Street from Ewing Avenue to the south line of Rum ;;Village Park as follows, to -wit:- Said street shall be improved by paving -a strip in'the center twn (1G) feet wide. The paving material to be used in making said impro%ement shall be bank, 8ravel, and shall be -not less than eight . W Anches thick in the center and six r(6 inches thick on the sides after being thoroughly compacted, all as is more particularly shown and all ift ccord nce with the plans, profiles,- detail drawings and specifications on file in the Office of the Department•,of Public •Works.of the City of South Bend, Indiana. The cost of the improvement herein providod for, e;L ?L vtrcat HU4 @T l�� nha1L be pai4 py e wine may be leg- ecial4y benelitt e a �auouat thA entitied - 3Pecial assessment to be le -vied upon the property $ A the StBaai8tla ally assessed therefor, in_ accordance cvit�h an Act of thg e, Ass U �� • �� p � "An Act Concerning Mua*cipal Corporations,- approved -March `.* sled. to the provisions of all sets amendaiaW sad 80W1e%UQ&st=ba140• _ The cost of ail a street and 'tey" iatei l e=cticrs, At+_g o=" hrb of the r rr"'t Cite am street and alleys which run LAo, but do not Frc.c : -;a M pr} T'P rc ^Ci arc r up is ro it ¢'• to t c. City, 6r upon .grolse. L'y not s� : 2eGt to portion of sucAh street or alley abutting trxs:n Pr 'XtV 1 �'c ` �� n l S`= d. if ablL t» do so, or from a fan[l ere - finch ss-nett, shall be Paid by the C..y in c tx_t of is tted bY' a s}eclat asseaan2e$t to be v,e l >--nde t`o p" aei€icr cf t' , ti.ou 1aS of the above entitled Act. e�,ssnents of ten dollars and more ql �'nst cAeh lot, if deferred, are to lie Paid la ten equal aunt l in tx�etor to the amount of such deferred P Six per �t Fr rn t'ge , ment�f d suebonds will 1)6 m� wOlTne issued to the con - Under no circumstRnce3 shall the city Ot be-, or be held respor_sibl@ for -my t "t or pr , _-rova said property etaner or o a for aia wrorh, or � , trc collection of V10 sn1e, for ftrr t' c° > t of 'aY c; :1 bonds, ec tzre_.te Of e ,~ ._ tea, . =we: , , is c� trnctor in payment 3or M$l rof3:, c ;nt. tor i..., -;% r il u aLek ss;3 G + is d sL�.o'_el-lents tL,3reto r� �Ered to pay, 1\Il. r t2,3, =ent, C.:.se�FMeat of prope�:y co .eetiraa of a� z_ d i _o�, ac: ~ tor ia^said aba a W-titled z=ct, axd l.sta )x?ilf ' RFS"OT."V)i:D, '!'MA the +40 ha werhs t ., t erefi�t a C; r, as the .� ""� :�1 pl- fox Coe lra�lt^ c*A r3�a »tr.an of mid.- cF p ,..c �7or'�� .t�i per: f seta» or Presgty h .ale to be f g z�> d 9; the a- erto to t`f p'a to 1dM1d 8a ' 99d for said i lssv"r_ isakk 3 f - .ab- F:t4{ szcsti 8�"�' xT 1•'J s i : •D, 'fq"nt 1notZeC Egf f:, ties , rtut p.q : avid b�' 4�. " 1♦ict.' � thin r i � .t. lr 1 x4 €si ors tt42. P- _- dian0 -.. x 2. 1 -�td newe Times &Tribune 22 ' on, e.21sA.= day of nR. ij1dize-'192a. � . L B. SLAUGHTER °BBARD OF -PUBLIC WORKS. Attested:- Veronica C. Sweeney ALBERT"F. HONER. Clerk of Boarrd. XTREET OR ALLEY IMPROVEMENT RESOLUTION N0. 9970 Be It Resolved by the Board of Public works of the City of South Bend,, St. Jose. State of Indiana that it is desired and deemed necessary to improve orth Shire Drive from Michigan Street to'Iroquois Street and Lafayette Street from N rth Shore Drive to the First alley north of North Shore Drive as follows, toewst:- The roadway. of North Shore Drive and Lafayette Street shall be re -- surfaced, also the roadway of certain portions of the streets and alleys which enter or intersect said North Shore Drive. and Lafayette Street shall be resurfaced. The material be used iri%making said improvement shall be -Sheet Asphalt, Bitlithic Asphaltic concrete or,brick,°and the foundation shall be the present Macadam pavement also cement curb shall be constructed along said Drive and Street where same is necessary and not already constructed, storm water inlets -and conduits shall be con- structed where necessary, all manhole tops and storm water inlets shall be set to the proper grade;, also cement margianl curb shall be ' constructed at - all street and apex intersections where necessary, ,all as is more particularly shown and all in accordance with the plans profiles, detail drawings and specifications on file in the Office of the Department of Public Works of the City of South Bend, Indiana, The cost of the; improvement heiv-t pra-vivad for r .2 ^trnc at and alley intersections, shall be paid by special assessment to be levied upon the prorarty specially benestte3, to a amount that the same &u be leg- ally assessed therefor, in accordance with an Act of the Gener%l Asse ly of the state of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6, 2905,: and in accordance with and pursuant to the provisions of all acw^ amendatory and supplemontal thereto. , Tite cost of ail street and 911sy cf t= r of &-te takte start a-gd alleys which run Lio, but da rr--t. ;..t r Y..ss :>; p �_*neK to lee i-T__ ,—_ portion of st ch street or alley abuttirg t=_� c tr amity, or r:.pon property rot �j*at to Gaels r sx ekt, .shall beg id. by the City in r c : t o a F-Y l '::_:d, if agile to do so, or grom a basil ere- aced by a sp eeiyl as e„emeht to be 'a 7 a.1 t r ,- t' l rr; .c y> c IC,. of She rb�t 6 entitled Act. Ame eats of ten dollars &r d r;Rre s _.:. c x _Z lot, if ci f_ r_-end, ..re to i*,, paid in ten equal aunral in- stallments, vrt h'interest at the rate of Six per ccat pc- f.:^ e=.* A bond or bonds will be issued to the con- `r�etor to the amount of such deferred ems....- it pr i <: rayxment for suchven imnroer,t. Under no circumstascea shall the city ci :..�n,: -- is _ cl oc, or be held reQpo _-able for Emy rl-. 1 e ,:yogi vaid property (Weser of ow :ors for cai �.or' ; or ::r trc eciiection of 010 s -Ie, og for tl c ",;> !t of aay bmads, cortiiicate er c c*or iz paymant ; ens or +. wcriz, c . c. t for : e g as shall h_. ro y lT._ t c, a r nts for �� z .:; _ v: 3at, or mrat ,25 sa.td C t7 is nd suW, ! its than3to mLtmired to pay. AR l .d, __ t, 2a3c.�ment of property, cD: etion of v. -d is i s: f r in said estWed Lwt, � -ad a sh . o�'rPc� .,. .hits the T33xt P� �a f#sz t'h • o a ii tsa wf 7 5 F.z., at r �d f-x U10 ps�� r t ,. rf M-N, p. f.- . t �.':a s xt.c 3i'cx' G _ s 11 1 r str> ekj f:r Y , �; k 1 c to b 1 f s- .,. �;, c. . •: t � ..'I'_ x= _?zex �� Lh, =to 13, h..;, >�d for said Vi, t rf p ) �F r ii . � . 1 of F e ec G Son P"tl"- fi 'h k _ ar,o, J fo4 ": 4 ✓ Si �! 4� P ck s 3 s l th'• r.. f 9 z..21st tFne..1921 ..., �.. 1:...Ltribune & News Time 9ei-rre Y922 Jun L. B. SLAUGHTER BOARD OF PUBLIC WORKS, L. P. HARDY Attested:_ ALBFd?T F. HONER, Veronica C. Sweeney Clerk of the Board. The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRA CT. This Agreement, Made and entered into this loth day of June 1922 by and between Staples & Ackerman 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 . City"), under and by virtue of an Act of the Genera Assembly of the State of Indiana, entitled " An Act Concerning Municipal Car - portions, approved March 611905, and all amendatory and supplemental acts thereto:. Witnesseth, that the contractor covenants and agrees to c onstnust pipe sewer on Taylor Street from Indiana Avenue to Calvert Street, in.the City of South -bend, Indiana at and for the following prices:- 496 lin, ft. of 15" per lin ft.................$2.50 470 lin. ft. of 12" pipe per lin ft............ 2.25 236 lin. ft.-of 10" pipe per lin ft............ 1.90 240 lin. ft. of 8" pipe•per lin ft............ .80 864 lin.-ft. of 6" conduit pipe per lin ft..... 1.00 54 lin.-ft. of manholes per lin ft..............7.00 12 storm water grates, each .....,.,,..,,,...10.00 5 manholes curbs and covers, each .............17.00 i 18y and to l.e rm all work in the proF.Pon fo the terms aqd qad4 ;ditions of Tm,)rr,u-T-_r.t R^cnl t,. 1,-t li-,,z `forks------ Agr-il.-25th.1922. and the pla-,-, p-c;1'7,1- c�f Pul-ific Worlm wbich said P I 11-t—if Ps fiifly d e.17 copbect ially as if and set adt h2n-', . f '1 1 - cc., -.(-.or till T)l os a s a -czifon of sa;d work .111 T)roper skill a. cp f -�ons and dangerous ava - places, and ,-;1I us,c n'l �r tfiat in the went of any injury nr o-1-i- t -1-3i"f; g t,-- — r-r-. -T :'*ir or thi-i- corinffr d therewith or arising theriFrnm, -) :-iv T,-r- i s,- s o,�;iT _t� t� ,ne 211, n expense,'and'as- sume the liability ther;or a1 ;-1 i !-I:,- e' C:r C!P;l )s b * ,rig nillt or ai,,.y action or actions being brotight a-a*,".-,t the city by r--.:- cr on- i: t I T, g �, of ---,:d v,7-nrk or its construction, the said contractor will at his o-in -_vpT-,e de 1 at, 7 ol 1:nv P.-V ! , jurl-meat rcovered therein, and will in all respects fully ind-mrify and save harn! I ,_ _s officers, a-mtc or representatives from all cost, expcnse, payment or judgment, recover�,.d Pi co, i-i-_ wi`h st.-') claim or clairns, action or actions. And if Within ten days after any; civch `3! city sh�-11 notify tlr� contractor of thependency thereof, lain any judE ,;aent yti.qll be conelvaive against the contractor and against the surety, and oth4:x matters pertaining thereto. Anc, ti e to In tli = a: + ` i:--, a n t al such n2paii�s 'as May be necessary for :erred tc 1111i"S. ailr_ to C, C, i-e 1 �Ic d repair thereofa,ntenance an f SIJ C: � t o� e! anii in an amount u fixed by the subjec" to C�- �,=!cr th�- sv ou hip,imrantee bond shall be �he sa.�� i-i_ darnn ag age to any persim or prop- ztrlact� Cn -�Vol-;,, - C fz�,z-iin paragraph covering the eon- A-:6, it ;s fur1L_-,_,r a-t- Q of the work provided for in this conteact, oi v z ions of thajis t,-7, -t of tSC city Of 9.1f of the provis nor, r ance thereof; nor S11LIJ for the ia-r," ful perforra- 5contractf"excCpt to - r . . . . . . ice of any provision of this ..2 The contractor a to r.-- prlce th(-reicr. ",',d grccs isuch irnprovernt-_:.i and i� n t h to e used in flare raking a Z, t�! j-,- assignee, -successor or su;)c- &'ne or'furiiished for him, or'his agent, r I-V C 2, -.11Job a"ice nnA6e on any estimate in favor of the contractor or l s� s..s, 1, of the work, so rriu;-h as ma- or oi-t." o� t, -, 'r , h'r. ji '133,,,ns upon the completion Cs�jal v to all or :,,- ,o� ; ! ts drie them for doac or -,zzterials ,work use( said work,,and the cotinty.ty� tv 0- e 1 ice of c, ��:r�ct and the doing of eS 1�y Cc . owners assessed for said ;� �AQd from property MprOvi'51 � paid or -.ztisfied 0 Y Sltii:h k-'A:'_1�J U, C. _r�,z t4ey Lay; kvA 41, 3, T Upon the -h- The work ot r1.;rq mat CX1 rr ivefore the------ ---------------- unless the time �ocr fl-,� ------------------------------ day r. ------------------------------------------------------------------- ----------- 19 .......... -�F �ne s.-,, by flv- Board OIL i'ubik 'Work And it is agre,d r4 _;CIA `o r- '!-;s cc�tact or of the Wanner or metik-ii .,Ct i es of the ew tractor or leis swwq of of doing'such �."��.v a -2 dzi s. ci;-d 7 r I ,ties. It is a rek,.d that r---�_7-�Nr -hail the work or ary part thereof to Joe done hCTC,'T[d1_'r. It is further a- rc 2c� to r,---;dents of said city and (_—tinty 7 preference in the enipluvr. -.s% p;!!-�:,j,M.fe Of his co: tract, and fai trio Akall forfeit to the city irl". 1-n C; I III stipulation. _Arve this And Gaon the per, ',,)rr-,.; a 0 t 1, e t r 7S s f 'h:.s cc,ract, and things to be done ant by, said con,inc or !h sn; g such work to be assessed, col-, -xtiJ to said coiar�--.cr ir Lh_ r- 13 y the g�_-verning the -making of such improvl4 I Te -of t'ho Con�itil,1711 A, in 1-, all and singular the provisions and Of 5 t-t-w--r-s of tl,,� plans, proi7lt, ,is L sucn In Testimony Whereof. We the foregoing named parties, hereunto set our hands this 10th, day of June 1922. CITY OF SOUTH BEND— INDIANASTAPLES & ACKERMAN BY L. B. SLAUGHTER — BY I. W. STAPLES Contractor. L. P. HARDY ALJ3ERT F. HONER Its Board of Public works, ---------- S-ta-pleS_-&-Aake in . . ....................... C, - ity Gf_ Stu. Joseph---- -- --------------- State of ------- ----------- VA% �rm4 American_ -Surely --- Comp%ny.of --- New --- ......... . ,j tNe C-oun-ty of------- --------------- ------- ---------------------- -1 S-,,ate of-- York 0A V_Ctits, are held and firi-n-ly lbl_;! to Cis; S T' i - J, J ------------ two ----------- a 0) Twn -thousand --- one ... hundredninety ------------------- ._pq111_rs (2*192.9 ----- - -------- the paymtrt of wl-,"+ to _'A U y t_�_� of I-Je 01)li ach ,-�-lat if __�e abc,.,e j� -1-IL-� ----- - . ............ are s - - ----- Sj!a le c.,_;�4 ".7ith the foragoLw imb"54 __p ---- ----- - ----- -------------------- �! y .1 of ------------------- J1=eL_1922-w ------- ---------- - --------- -------- if-q! 1�tb- conditions and st;pulafions therein c6ntaine.-) with the City 0 . i otherwise p,ccrding to the t- rue inept re-,: ts, then this obligation to be void,time for the be and remain in full foralld V:r2�, -i tile evi he said City shall extend the t - �'�n t n a-v v.r rele-ase the sureties on this bond. co�iapietion of said work. �1_-,_ `, - - iThis shall be a costr* I CnJ--` su1-C e ii s on the same shall not be held responsible for t�. ri-1- , - 4 .1!*� by the second party, but such surctiaa -f 41, it his been accepted' , vAinteAance and repair h all other wnditions, stipulations 2.ud requiremp-nits shall be held responsible for ".1.0 C0_�1.-1T)11id,11iCZ With u-,v4;a-ad W or set mt in tht coritr�,;t. 11922 Continued, cis and seals tl:is........ 1Q_ih......... ......day oL............ .-..-J, e.--' =i_ Ameri an SSur ty Company of Staples &Ackerman - By Jacob MY�olverton . _. .. FLI.) _.,_...,...�: ......Res. -cent-Xi-ee--P-te•s dent..- .. :%) w..._ Hugh�f s`v �d� t-f 13th• _ ..._. Resident "Ass scant u�ecnete;fir.-------_-_m_. P# HARDY Fi�01TER,'--- ------ PUBLIC IMPROVEMENT CONTRACT. June 1922. This'A reement, Made and entered into this 13th. day of June 1922 by and between Heim.Uonstruction Company d1f the Count of St, Joseph and State of Indiana (hereinafter referred to as the " Contractor"3, 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 " City"), under and by virtue of an Act of the General Assembly of the ,State of Indiana, " An Act Concerning Municipal Corporations," approved March,6ml90-5_ and.all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct Grade., curb and walk on Various Street, in the City of South Bend, Indiana, at and for the following prices: - Curbing per lin fto:* ... .... ..... .55 Grading per eu°yd....;...............1.50 Cement walk per sq. ft ? • *.e • ... 000000 .28 and to perform all work in the "prosecution of said irnproveai-ent tinder and according to the tsrmas ttwd tnatt,• ditiotis of litproventent Reseilut on No. ,-- :- ------- adopted by the Board of Public Works.. 4' $,y .,3r d.1922. apd the Plans, profile tend specifications on file in the office of the Department of Public Works, which sai� t�solutfkr pltalAfi secifications- are made a part hereof as fully and effectually as if copied slid let out'irerkn a all lctgti, hC ctintrt�ar ftirthtf, expressly Covenants and agrees that .in the prosecution of: said work all proper skill attd c re rt�t:ise cretcas�,i tfr�t he A Aron *•_y- )T� �* d protAct all excavations and dangerous places,. and =gill tl« 1! due an�j p oner'prn +itton tb pr v a* tntu, to ii erson or * nAr ' any nit+r�r flr damage rkOu�ting.fr6ni the tFr,r: or res ii+fr from�ayy matter orthingt onncctPd therewith arising t�1 refrorir, to a ►y per�Ari or gropPrty;: ht v 11 pay ar-i lic uidate .the same at his own expense, and as- tliarrit< fhe $bi ity.therefor; and itt the.event;of any cla=_ri or clams beingmade or any ny action or actions bein brotig t 8 t}tnst tlic,city by reason of on a�cdducit of:or_growing out of s;id utorkor its construction, the sal eontr4ct or j�1►lii `fits own exp ose defend the same, and trill pay any judg;nent recovered therein, and will In all resp+rt~tll`#ally indetiinify and s8 - harmless said city,..its officers, agents or representatives from all cost, expense, p��crt►en or iudgment recovered- in connection with such claim or claims, action or actions. And if within ten?_ztay�_ fter.any such action is begun, the city shall notify the contractor of the pendency thereof, thmt "y ent ra",fred against'the city shall be conclusive against the contractor and against the surety �za file osii3trtscfic > ; as to th : axnw-uuat, li&bifiW and otter wafters pertaining thereto. t°na;he concrue`or a�recs to maintain said improvernent. and make such repairs 'as may be necessary the period acid in the manner -as fixed lay the specifications, aild to secure the maintenance and repair therea to file with`Vie Board of Public Works a bond with sufficient surety thereon and in an amount ac fixed by the specifications. And in doing such repair wovlc the contractor and the surety on his guarantee bond shall br subject io the sar_ie liability to. the city and any.w4er perscm for any injury or.darnage to any persc.n or prop= erty in the: sa,ine manner and to the same extent ns is fixed is the last preceding paragraph covering the con- struction work. - Aad € is further ;agreed by and between aeid'psr6es;tb%t.tie acceptance of the work provided for iristhis contractt;:or the payment thcrv�of, 'Aal net cc. st-Itute a waiver ontike part of the city of'any of the provis— ions of thus contract, nor. shall it release said eenit-actor. .e.r. the sureties oa his hond for the faithful performs .. . once the ; nor shall the. acceptance. be, prima Eric ev rieace of the performance of any provision of this _ contracti except to the extertof entitling the contractor to the contract -price therefor. The contractor agcrees to pay for, all I abor.;ia& materials used or furnished to be used in the =whelp of such improveirierit and in. the perfortxiaricc of this contract, whether cone or furnished for him, dr his agent, assignee,, successor or •subcontractor; and the city may reserve out of wily allowance xmie ,pri ally estimate in favor, of the contractor- or i-: assigns, or out of the a -mount due him or his assigt % upon" the-conipletibt of the work, so much as mai, •cessary to pay all laborers or materiai'mexa for ain�otmts due 'theid fi r work done or `material,s used or furnished to be used in the performance of this _contract and the doing of said work, and the county treasurer, acting as city tres.surer, may retyaht money colvAed from property owners assessed for said irnpfoveeicnt to pay sack debts or uncR idtc aontre aftr sus tit. *oy hays hs.r paid or satisfied �� e : • Tc remo• a!l rub5isit, earth., ?xul tmused nmterial iw the streets or apace apon. the 00Tmpletton --the imprc ueme t or, the repairing thereof. The' work of-waldrg snrh..improv-nzent shall be completed arc(w&ng to *e terms of As oontraet on cc beforethe .. -....................:*t-----------------day of.......... -.......... ---------- ................................ 19........... unless the tidie for the completion of1he- Sane shalt he exten.kd its writing by tfie Board of Ppi1k Works, And it is agrreed that any su}extens;6n of time, or any alteration of this contract or of the m- anner or meth, od of doing _such work shall tn. no way affect the duties, obligaticas or liabilities of the contractor or his sutra- ties. It is agreed ghat the contractor shall not assign this allr' -ract, or stab -let the work or azy part thereof to --- be done h ettnder, witl�ort`the written cons: nt of the L., rd of Public Works. It is iirtll.er agreed and stipulated that t contractor shall give to residents of said city and cavuty , preference in,ihe exrtpfoymrr nt of all labor necessary in the performance of this contract, and failing to AD so, shall forfe k to tTre pity the sum of ten dollars for each failure to observe this stipulation. And t ozr the.pedorml ance of all the terms and conditions of this contract, and things to be done and pperformeA )i Batt �o tractor the said city agrees to cause the cost of doing such work to be assessed, col- lect �daii to sal contractor in the manner fixed by the statute governing the making of such improve - TO eacL Qf tih" t:sriditiosa and stipulatistas of this contract, including all and sing slag thy. provisions and " ,"''.4 txF tine plans; pr®file, specifications and resolution aforesaid, the gored binds li:mself or itself__ t i "^ rrMmcti* successor or as4g v; of such parties. .... ...... 191 In Testimony Whereof, We, the foregoing named parties,'hereunto set our hands this 13th. day of June 1922, CITY OF SOUTH BEND, INDIANA. HEIM CONSTRUCTION COMPANY BY L. B. SLAUGHTER BY Da. D. HEIM L. P. HARDY Contractors. ALBERT F. HONER. Its Board of Public Works. r. l gz .< That of Wr------------ --- S t� �Ii2; � 11 _ Si to #v::. - ,,.a i as,o ------- �; .. :::, 1,6 PHI 'i- 4B �f3tft�' Of - H� r nrd A n n i dent, -and- =;Lt►�-�mpa - �#, and ._......_.. ._".....`"_.'....."..` of the County o ---------------- -and` State of_ - sureties, are held ani firmly bound to the City of So€tth Bernd, Indiana, in tht sum ta�i�e L ':lam ...,�..... ------ ....... ('3 100,.00 tom, the peymest of which, well and truly to be made, we jointly acid stiveralty �,MA A) r i f#1t;i'nrs, a,dm;tistrators. and assigns, firmly by these preaents. :he Pntrrlt¢ie rs of the obligation are suc- 1 ��at it tltw s.b®ve tea i i=____,_. _ +r11atJ_onl f'---n�an�t-------- --- faat%iriTly coa�*+j► n a d fter�l rota tom.... _....... - - a of -..............J 1.92,2.... w....., 19 ...r, i�d'i'hh the a<,lt of of tlt erd,Ntndiana n shall fulfill all` the conditions and stl 5fiktioW ttmreig Contain**, secodin to the true intent and rnea�iing thereof, in all respects, then this obltkatton. to be void, otherwise to be an remain'in full ford and virtue in law. In the event the said City shall extend the time for flea completion'of said work, such extension shall not in any way release the sureties,on this bond. Phis shall be a construction bond, and the su:-etie, on the same -shall: not, be eld responsible for tk+e maintenance and repair of the improvement after it his been accepted by the second party, but such sureties r,lu tl be held responsible for the fait'$ul compliance with all other eonrlitioni, at ptilatices ax+d require feels eYreY a t 'by or get out in the cnntr«vt. is this. HEIM _C ONSIS}�t__.f:OMPi( Hartford Accident and Ind". LW) T_� _._.-� . ,...,................G.Or"a-n ---------......-- BY D. D. HEIM," Sec. Treas By Jl. J. Lederer . A t'nriie y in ' fm a7f . t `,� (,-June 192 "i�"�'s, ��.i�bi3 ti3.4� TTSTA L-. P. HARDY ... ._........ _. _ 8 PUBLIC IMPROVEMENT CONTRACT. This Agreement , Made and entered into this loth, day of June 1922 by and between Hoban & Roach of the -County of St,;, Joseph, and State of Indiana (hereinafter referred to as thin' Contractor"-) , an-d -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 " City"), under and by virtue of an Act of the General Assembly of th State of Indiana, entitled An Act Concerning Municipal Corporations, .. approved March 6, 1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to construct pipe -sewer on Flarnsnne Avenue;from Brookfield Street to Wilber Street, in the City of South Bend, Indians at and for the following prices:-- 932 lin. ft. of 12" pipe per lin ft.... as . ; s .. • • , . J2.60 126 lin. ft. of 8" pipe per lin ft.....,..,...,,... ,65 672 lin. ft. of 6"-conduit pipe er lin ft....,,.. 1.00 43.3 lin. ft, of mamholes per lin ft.....:......... 7.50 6 storm water grates, each 9.00 4 manholes curbs and covers, each, , , , , , , , , , ,, , ,,,,,15.00 4nd to poplom at Wofk ift tha pro§@ention of said improvement tm4er aid a dig to *e taus mid ""o i Impfevemeto mfifion NO. ...... 4} ............ adapted by tke lkarcl of Public W9rks._...AprJ.1..J p 1922. ill f e plis, profile and 9p�ia#aof�s off file iz the office of the Department of Public Works, which said _00 � l flee ri le eftd'9peei -specifications are fna�ie a part hereof as fully and -effectually as if C®pied an cot Out Mein lit full ltlllth, , The eantractor further ettpressly covenants and agrees that in the prosecution of said work all proper cells and eare will he exercised i th-t he -'till pron^r'-y � and p, ar^ct all excavations and dangerous plAces� An will vise ail due and proves r-neaution to nr v-nt injury t-) :ry person or property; that in the 0_vent.Q ee injury or da�age resulting from th9 w,)r' or res-,At.^g from any matter or thing connected theret�th or amll therefrom, to any person or property, he w;ft nay ar! liquidate the same at his own expense, and as" ii a he liability therefor; and In the event of any claim or claims being made or any action or action& being rought againat the city by reason or on account of or growing out of ss.id work or its construction, the said e ltttietor will at his own expense defend the same, and vAll pay any judgment recovered therein, and will in (! retoeeta fully hidemnify and save harmless said city, its officers, agents or representatives from all cost, abase ph Mehl ®rnd�t@nt re�vefd in connection with such claim or claims, action or acti©ns. And if iti fats ee �itr end s�eh aeti6Ti is begun, the raty shall notify the contractor of the pendency thereof, � , aid ►e t � d k - I tat the City shall be concltasive against the contractor and againgtr the surety, the a.��=, Y�� creel other �saatt�ers pertaining tlaerety: Tuesday June 13th., 1922. Continued. APd fh fi %g w Ff ou.,�iioi .�, u4 sijai repairs as mia�y bt necessary too thestied "hftd in th iilftrf dr t?s ftmcd 6y the st�gcrl�gatlono, a.xd. to secure the maintenance and repair thereof to d § with t4d &@atd o€ Nwit wark-d M. bond wilt sufficient sti�e.ty thereon and in an amount as fixed by the §pWArea dop. And in doing such ; ejAir wotl€ the contractor hrryd the suretyon his guarantee .bond shall, be §ubje§t to th§ mr� le iidl 0hy to the City aftd any @*er pt;rsfm for anyInjury. or darnage to any pein or prop- 6tty lit the §atticfddilhtf and to the sa a mteat a's is xed in the last preceding paragraph covering the con- §tFutioit wotit, • i, AM it 13 furth§t agreed by and bete mit �� tMt the uceptas�ce of the, provided for in d its a gd� ra§ti ®t the Pdyi 14ftt thtMe-L al' tl:et conA ute a waiver on tke part of the city of any of the provis ioii9 of th t'Witttact, her §hail- it t`leitda Mid €s ty-a or ttre sureties ou his bond for the faithful perfofm- raftae thtw§df; n�t altall, thk` mevpuwee .b.§ rtftaa bf * evidence of the performaike of any provision of this �6fftFa§i; a to§pt t th af<tefit o t titlir► t o contractor to the contract price therefor. The witra.i for i� i+U4 t6 pay tot all �abor and materials used or ft;:rnished to be used in the making of litith ifiiPmeiifekft ikh ;ifi-ilia of this contract, whether none or fnraished for hire, or his agent, (dr gttbtghtr ei6r 1, Mid the tity►;may reawve out of any allowance wade on any estimate ih fai36t of the tbmraetor or.t as igua, of out df the *Aiount dice him or his assigns upon the completion dt the w®rltl -§b ftiuch §a ttia t wry to pty all laborers or stateriat Wren for ainounts due there for WbAt dbhb bi rwittrial§ ltaetl or ttlthtthed'to lie used in the perforxrmairce of tl: s contract and the doing of Old Wldf'l€3hhd the rr Wit ` treaiutt , vieting at -8ty tr"asurer, ntay retain iuon.ey col arced from property ®diet§ ;atittotl for m #�provewe to Pty vack debts or uavil the eontr a>. ws that they lava; be.,:« s The l bnt a&or a rea tee e e Cl 66.;f , 48t^Gh, pad MS" to rw isa t 3tt"t% �t ! ~�K ----- � 6t� ib�ri r is Et i : >1 Ircim ag tberrevf. . att 0 be dMsOLted a to te+r of 1� a5f . g #4ac a ��8 fl 8 i�8f the 68 PPV 6f"itbe awe all be extended.'._........-.» ... .. .. ... aL,,,; �'� .•ta, is ws�tingby wAa� hoard of al�i� i�®�i�t, iAll �41F8,61 ihat ally § A Vool,pion of:t�t��; fir40T alteration of this contract or of the manner or vueth a Allm�� §�� in np WAS 060 the d4}ea, ©bligatio"S or fiebit#tie: of the contractor or 1tk raw , If i3 fpsd that rho ;Hflt R, tot F441 n6i ssstin tws ' "rt: or ;uh-let the work or any pact ti c ts+ �8 4 i 1>l IPA F� Ifh(�+ t � art;,; ens. hk. Of the t, , rd ��f P: 1)1*c Works. F : 'f§ d tf io€ l0.# d t1W F Ontractor sha11 rrive to residents of said ei'ty and am-Mty f€h 1fi i io `44 df fll lour ii6wd&saey in the perfar nance of this contract, and faikng to" to, €h,awn i kid 4911ats for eaeh failure -o observe this stipulation. P It �Il t ��tf P apt ` s all tho tc1`1�§ and cmditions of this contract, and things to be done and POO MY @'IMS to Muse .the cost of doing such work to be assessed, cot' it .1� f'6 Mid E1ahtMr46P !h €b4 M-14019ar fiAb-d by the statute governing the making of such it►sproybol 3 ' dlatg Of this contract, including all and singular the provision and q�i �Vk knd 'Dlutiotz af"aaresaid, the undersigned binds hu ff ori' itool#, rth Parties, to Testimony Thereof, We, the foregoing named parties, hereunto set our hands this loth, day of June 1922. CITY OF S6UTH BMID , INDIANA. HOBAN & ROACH BY L. B. SLAUGHTER BY M. J. ROACH 'L. P. HARDY Vontractor, , ALBERT F. HONER ` Its Board of Publle Works. E17F_z ._ r i¢< -_ _yam What tee......,, ZabAZ ti e Countyof—,.S: Joseph�'�' .fn.,�.�® Indiana -� itll �e , and ._._:Armaricun Surety Cola of New Yo=k ®f t3euaty sand �1>1 ®f.»--_%wYork as- sureties, are )leeld and firmly bc>aasi to the City o ath end, Indlyfle, tF1 tip §I aonP .T. send Fight hundred and seven ----- _ z...: _. for tbe paymeia of which, well and truly to be nadR, we jet tly a t �j if 1 :.:.1 i (;-�1tG�M adr- mstrators and ass gfts, l r:ni y by tht,* p: t 'V 4 -� 1~f `�-e CIbl. XI LI are ja.nLl ij �:} I �I L�. vitae tkeaui __ ------ dayy of-------------- .,.. June..,,1922.�......, 19.a..,..: t h the City of '� L�<_ d Tn. Y an=d. slnau fulfill alT the conditions ana stipulationB therein Contatrl+tFl, co�ding to t 5e trac I— • • • �:, thereof, in all respects, then this obligation to be void, otherwise to be and remain in ti. r;�r .. • ;�d z . w :..� _:.iw. In the evert the said City shall extend the time for thri completion of ,said yvpr%, s,ic� extension shall not in any way release the sureties on this bond. This 'shall b-e a construction bond, and the sureties on the same shall.not'be herd responsible for tl�l" i e-,r intanee and repliPot 'tlie'iinpiove�ent after it has been accepted by the 56cond party, but +such st(rrtiet5 six be held respoitstMe' ftt tire'fait' ftii Cc' - -,iier"ct •,#itii°all other cc ;aiti".4, e --I!? 'oaf and rery'triy`� ?teaks f eonraw.7K�-.. i' or • set G .'G lil . s 2 G ai i`_ i � �_: f:. a • a V-J xti_:s................ 11th-r-------GaJ-_--_-----t� AMFRICAN SURETY COMPANY OF N .`YDiRK-------- ---- Msant Vice reIs" idept,. } ATTEST Re:si� xt-�t�creta �, June 1922, - L. P. HARDY F 193- Tuesday June 13th., 1922. Continued, I PUBLIC IMPROVEMENT CONTRACT* TBIS AGREEMENT) Made and entered into this loth. day' of June 1922 by and between Hopan & Roach p the Count of St. Joseph -and State of Indian (hereinafter r ferred t s t e Conti etor and th Ci o S u in i th Count St Jose h and �a I ana an �hro hh is B�arj _ u �CSorRs here fir f ree t s he � t� , ua?ide ' and by Rkue of an Aci -o e Gen oral ssemb� o `tie ate og ndiana, entitled An Act Concerning Muni-c-i�1. -C-oxp-orations, approved March 6,1905, and all amendatory and supplemental sets thereto: Witnesseth-, that the contractor covenants and aggees to construct Pipe sewer on Lon ley Avenue from Colle e Street to Johnson Street, in :he City of South Bend, Indiana at an, for the following prices:- 415 lin. ft, of 12" pipe per lin ft................$2.50 266 lin. ft. of 10" pipe per lin ft.:.............. 2.40 110 lin. ft. of 8" pipe per lin ft................ 65 322 lin. ft. of 6" conduit pipe per lin ft..... .,,.1000 30.4 lin. ft. of mamholes per tin ft...... ...'.......7.50 6 storm water grates, each........... ...............9.00 3 mahholes curbs and covers, each..................15.00 alfd to perform all work in the pro€accution of said improvexq,.nt un4cr arA ae- ;g to the Maas We dl CQZ.- ditiono of 1mgfov#most Rnamistion, No, _9.7.E ' . adopted by the Ue�afc of Pu} ..... lic Werkn.Apr:il ,18, 922 . And the plan#, profile and spe:ciflcations on file ,n the office of the Depa. tment of Public Works, which said: resolution, plansprofile and specifications are made a part hereof as fully and effectually as if copied and sot out heroin at full length, The Contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and Cara will be exercise::; that he 7M -r-on-` d p o 7- all excavations and -dangerous places, and will use all -due and pro". r precaution to orn-„::t ,-,lu-v .,, Iry person or p cn,2rty; that in the event 4l anInjury or damage resulting from thew-: or frnrn a y ., tter or thing connected therewith or ar6ing therefrom, to any person or property, h-. •-• li nay are !i(i:iidate the same at his own expense, and as. Puma the liability therefor; and in the event of any c'_aim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of s _id work oi- its construction, the said ' contractor Will at his own expense defend the same, and will pay any judgment recovered therein, and will in all raspacts fully indemnify and save harmless said city, its officers, agents or representatives from all cost, pansa, payyment or judgment recovered in connection with such claim or claims, action or actions. And if WI thin tan days after any such action is begun, the city shall notify the contractor of the pendency thereof, thwA arty 3udgwtnt rendered against the city shall be conclusive against the contractor and against the surety cu Itle wkstruction !�_ mil, as w tb xss:•, ,: �t, H-` ii�y and oth;s matters pertaining thereto. And the contractor agret—z to ma;Lt"ir, sa" izrr0o -ernent and make such repairs as may be necessary fo, the period and in tk;; traanrer as fixed lay t-he sr?cilcations, aid to secure the maintenance and repair thereof to file with the Board of Pa i;: �d txkc a land w;tti sufficient surety thereon and in an amount as fixed by the apecihcationfi, And in doing sack- iep«ir wbrk the contractor and the surety on his guarantee bond shall be §object to the sar..e liability to the city- anat any o &er pers_-A for any injury or damage to any person or prop- erty in the same manner and to the :lure erteut as is fixed in the last preceding paragraph covering the con- struction work. A it is further agreed by and betweem paid rmrt�es that tke acccl.ta*ce of the work provided for in this Contract, or the payment thereof, shall not era�t-� e a w-airver on the part of the city of any of the provis- ioits of this contract, near shall it rcicxe said Fr the sureties o$ his bond for the faithful perform- ance th®reef ; nor shall the acceptance be pri _ _t evirdence of the perform':ance of any provision of this Contract, except to the extent Of entitling t1te c : tr tar to the contract price therefor. The contractor agrees to pay for all labor and wtatrrials used or furnished to be used in the making of ouch improvement anti in tl'ie performance of this coati -act, whether done or furnished for him, or his agent, a@signee, successor'or'subcofitrac'tor'; and the city may reserve out of any allowa'rice wade on any estimate in favor of the contractor t)f Nk °assigns, or out of the amomit due him or'kis asligns upon the completion of the work, so r iuch as may icessary to pay all laborers or raateriai lien for amorants due them for work dome or wa,teris.ls used or furnished to be used in the performance of this conntract and the doing of said work, and the county treasurer, acting as city trexs;x,- er, =ay retain honey courted from property owners assessed for said improvement to pay suck cl._.bts cr i4ne _':rlo that they hove b Paid or satisfied i::e co.,t a >c� agrees to remo a_!( ni'; =sh, ear*.h, and un:sed ntatcrial in S-x streets ,,>r va-k:i upon the completion of .the irrinrovem,--lit or the repairing thereof. The work of making sucit improvement shall be completed acecr Ong to tie tegti:� a►f scam: beforethe-- -------------------------------•---------------------------day of unless the time for the cor::pletion of the s2cP shall be ex-tencled ill writing by tine Board of Ful/if'e Works., And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his suss - ties, It is agreed that the contractor shall not assign this w-:s ract, or sub -let the work or asy part thereof to be done hereunder, without the written cons.-nt of the L.;ard of Public Works. It is further agreed and stipulated that tin contractor shall give to residents of said city and cxmatypreference in the employment of all labor necessary in the performance of this contract, and faiNng to dD so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and perfarrued by said contractor- the said city agrees to cause the cost of doing such work to be assessed, col- lected and p,,aid tQ said contractor Mi the manner fixed by the statute governing the . making of such improves r.7w�s. _ Te 006P, of the oeee&itiess and stipulations of this contract, including all and singular the provisions and i`,m ?s t4 tiae plans, profile, specifications and resolution afe+resai0, tl.s signed. hinr}s hiuzs41f or itsolf, rrcPective succx' s;&ar or :pi,g s of queh parties. IN TESTIMONY WHEREOF, We, the foregoing named parties$ hereunto set our hands this 10th, day of June 1922. CITY OF SOUTH BEND, INDIANA. HOBAN & ROACH BY L. B. SLAUGHTER BY M. J. ROACH L. P. HARDY Contactor. ALBERT F. HONER. Its Board of Public Works. .,....and:._::..:...,..._a.............,..�...,,.,a..�._.-. ...,-. �.� a ..ur:.e.;t Go:n- of Neva o.rk.. ry ...... ,New York ].� g] _ p� 'T end �:� t t... W4 �'Ao f1trAy� W� g2;i �7 A tf, tht- 01 7,bo �114r s (.$19 201 00) . S Eltt^ �3ja. �'- ro _._HQ.. -�--- ...... ............ '.................. faithfully comply with the foregoing contmat, f ,.., j FAP aftitn'ter ��nt _ - �..: _-..- da of _ �-�.-_i_922 ................ 19.......:. with the City o.€ ? t?� 8e€10'.l l, aoe an shall fulfill alf th- conditions and stipulations therein contained, agootdih to 1h@ truVin' t'pht ; al a�4ii� . tfi^rtiof;, in all resp,-ts, then this obligation to be void,'otherwise to__h@ i3ft p&ih `i l' l] fgPce and vir,-ue in law. In the evc. . the said City. shall extend the time for the cam lotion of §ard w9r ,such ex tis;ofs shall not in any way release the suret?es on this. bond! This §hall tb@,-1 V*td', 'at'd �ttzt ":f`s on the same shall not be held responsible for the maintgnanee ant rapair of.tfit it h-.,-s been accepted by the second party, but suph sureties §iml_l'W h4ld'imonsible for the falfij°€ul cwInplixnee with all other conditions, stipulations and recuiremauts _ Wi N s our lai ncls h,nd seals hrs .......Q6.QJ ,......day of ... ......... ..cl AMERICAN SURETY COMPANY OF.....(SEAL) -HDBAN..-&..RiOAGH ,__.,,, t_ BY M. J. ROACH (° } ATTEST'HUGH P. D.NNA00 Res et'Assistant Seceretar -Y 9 pip The. above bond approved tliis�" _. ,° of.---- _SLAUGHTER 3o�r1 of T'a 1.. s Wor'- PUBLIC IMPROVEMENT COIVTEACT,, This Agreement , Made and entered into this 12th, day of June 1922, tK and b ween Cleo. . Harro? ofnt�e Count pf St. Jo ep and $t to �f Ingiala ` and er re erre to as he ontract�r , and tie ity o out Ben , n the ROOFff St J se h nd Stt,ate of I di a and-throu h its Board of Public ?herei4HN Mer-rea to as the �City��, unldeer an � by virtue of an. Act of r o rionsAsgeapp�ooved Marcha�el$05;nanc ileamendagory An Act Cc ac scip€�1 t e e o. Witnesseth that the contractor covenants and agreesFto construct de curb n P k o Hill SStre t fro Ho Sttreet to Napoloeon Street, in the y �f SuAth B net, Indiana at and for he orl owing prices:-- 1788 lin. ft. of curbing per lin ft.......... A.30 6892 cu. yds. of grading per cu. yd........... :48 8510 sq. ft, of cement walk per sq. ft.,...... 12 and to perform all work in the prosecution of said improvezicnt rm=_er z :r' ace <3 to tke ts, rms WW ca d• ' --, adcE ted b the Bc-arc of Public Worka.�.r it 1.2. 1922. ditions of Improvement Resolution r�o..._:�8__..--__-- p y ..........,� . and the plans, profile and specifications on file in the office of the Department of Public Works, which salc resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper shill and care will be exercised; th?.t he - �':1 proper'v - - and p--otect all excavations and dangerous places, and will use all due and proper precaution to preve_it injury +o any person or pronerty; that in the event ai any injury or damage resulting from the wnr'_ or resulting from a.~v matter or thing connected therewith or arising therefrom, to any person or property, he pay and liouidate .the same at his own expense, and as- sume the liability therefor; and in the event of any cairi or claims being made or any action or actions bell brought against the city by reason or on account of or growing out of s n.id work or its construction, the ssl� contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save -harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof; tbon any judginent rmelered u,'ainst the city shall be conclusive against the contractor and against the suret un 146 W1ft3tru'0UftA b �_:!, as t-C, thv ar=;. aa4 etizr matters permiring thereto, And the concractor agree-s to maintain said improverneut and make such repairs as may -lie necessary r ,, the_period and in the manner as fixed by the sn-.-65cations, acid to secure the maintenance and repair thereof to lie with the Board of Public Works a bon&vAth sul?iciertt surety thereon and in an amount as fixed by the opecificatiolns. And in doing such repair work tlse contractor and the surety on his guarantee'bond shall be aubject to the same liability to the city and any mfier persoo, for any injury or damage to any person` ar -�rop- erfy in the earns manner and to the same extent st is fixed is tyre last preceding paragraph covering the con- struction work. A.ad it is further agreed by -and between said parties that tke accept"ce of the work provided for in this contract, or the payment thereof. shall not coueti:tute a waiver on the Dart of the city of any of the pro "s- ions of this contract, nor shall it release said contractor or the sureties oo his tiorA for the fatthful perforan- since thtteof ; nor shall the acceptance be prima htie evidence df the performance of any prov3sion of this contract, except to the extent of entitlingthe contractor to the contract, price therefor, T'he r,ontractor agrees to pay for all labor and materials used or furnished to be used in tie ..making of Bitch improvement and in the performance of this contract, whether done or furnished,for trim, or his agent, assignee, successor or subcontractor; and the city may reserve out of any alto waace vale inn any estimate in favor of the contractor or assigns, or out of the amount dice him or Iris assigns upon the completion .of the work, so much as mad �cessary to pay all laborers our m teriai meu for iLmoants due them for work done or materials -used or iQrn shed to be used in the performance of this contract -and the doing of said ,work, and -the county treasurer, acting as city _treasur`er, mAjr reAln ntotwlt,-ftot'-Vroperty owners assessed (Or slid improvemeM to pay amid debts or u:itil Vise sonur-,a .a` rows t *v dye begin paid or satisfied - Tuesday June 13th., -1922. Continued, The coat-ao~ agrees to remo- � atl rul)bish, earth, and wrilzsed to te*riael ip -s'*: streets 1�vk"l upon the completion of the improS erri int or the repairing thereof. The work of making such improv@naent shall be comi'Aeted a�ccor, mg to e t s asa of -1 :t1C:t apt `Vt cat' beforethe--------- ...... -.._......-------------• •..------.day of_---------------------- .. , I4 Y unless the time for the compl:atisn of the same shall be extenoiid ita writir.g by Ae Board of Pubke Works. And it is agreed that any s,,zc:h extension of time, or any alteration of this c^ntract or of the manner or meth- od of doing such.work shall in no way affect the duties, obligati(ms or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not-ssiP-n this :,rr - *., or sub -let the work or any part Thereof to be done hereunder, wi!-ho"t the "t;':.ey: C.C:_ ... of the t':..:ci 1, !-,1}c-Works. It is further agreed aid stit�til2red *'�.at '�Y contractor sh-;11 Pi c to residents of said city and t- ictt� preference in the employr-,ent of all labor ripe---ssary in the p :rfarmance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failnre to observe this stipulation. And upon the performance of ail the terms and cos dirons of this contract, and things to be done and prrforu ed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected ani pa.ia' to said contractor in tke manner fixed by the statute governing the snaking of such improve Tm cxac.4, o^v-nditieius and stipulations of this contract, including all and singular the provisions and .,, ,f tine plans, I�•krile, specifications and resolution a.for�,!=.ar;!, tNa -anx^le?^sigried bin.els laiz�iuelf or its, -If rc 4"ective succt ss. r or assi. v, of such "o rties, IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this 12 th, day of June 1922. GE O . A. HARR OP CITY OF SOUTH BEND, IND IANA. Contractor. L B. SLAUGHTER L. P. HARDY ALBERT F. HONER, Its Board of Public Works. 71b-at we .--•---•--..... t....,,.....,SrI.te Of..... Ind i na... Ltd, ;wA. ... ....... ...._..__.._.._..... _.__...d f, c .._... Marylyn �g ( 1., �L •g� 7 ( d •.ago �04 x E?,. sly l-'i �'i�-� i,7 "�!nt City 4� . t'; Jam••. J, 3.: "gip }^., ,z 1 '.'-'��._.._.. �9 d four ,,hundred fifty four-- -------» Dolla4rs�($2,454.00) __._--.-----Ge..or-ge---A-.•-_�a.r.r.op __.. _ _ _ . __ _. __ .__._ .�:�� ,.�:..: � _:.:_.:�y ��_t 4�L ;_,��;��, v�y(�� •._�, a of_____ __________ _ _-1---.--------. ---., 17 ,Tun =192 witn the City of vrtii i'F; cl, to ..:<. �. uric sri.,ll fuili aI" the conditions and stipulations therein contained, according to the true irt(mt_ and mea,:inb thereof, in all respects, then this obligation to be void, otherwi;, to be and remain in f.-,iii fo-ce and virtue in law. In the event the said City shall extend the time for 61 cos=ipletion of said work, s ich cytension shall not in any way release the sureties on this bond. This shall be a c•o�istruction bond, and the sureties on the same shall not be held responsible for L i . intenance and repair of the imp o:,e'��.ent after it has been accepted by the second party, but such svrcLi'_'- s1i311 be held responsible for the fait: {ul co-. rlit._.ct with all other cO`a._ tiazz, st;fa}�tio � tl re�trir .�. t" s•�g cd by or set cmt in. the Cortra;.t. an�I seal his..-- ..1.2.--•---_.--.-day of.._........_-�---.__.June_._1922... FIDELITY �L' - MPAf O��A��d�------------------........ AGF�'---A'..,.HARROP....-......_.._.-......-._ BY -HUGH P' fAJNNAH0O---- -ttorney, in fact•_-- ( ��-) — �` a. The abavc band approved this____ �" c June 1922. s: L. B. SLAUGHTER �...----- -�� J . . B S . L roe-'! c& PUBLIC IMPROVEMENT CONTRACT, - This Agreement , amde and entered into this 12th. day of June 1922. by and between Geo. A Harrop 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, avid State of indiana, by and through its Board of Public Works, ( hereinafter refer to as the " City" )under and- by- virtue -of an- Aet-ef the General Assembly of the State of Indiana, entitled An Act Con cerning Municipal Corporations, " approved March 6,19059 and all amendatory and sypplemental acts thereto:- Witnesseth, that the contractor covenants nd agrees to construct grade, curb and walk on Anderson Avenue from Elwood Avenue to King Street, in the City of South Bend, Indiana at and for the.following prices:- 525 lin. ft. of curbing per iin ft................ .30 882 cu. yds. of .grading per cu. yd............... .55 2500 sq. ft. of cement walk per sq. ft........... .13 196 Tuesday June 1 th-, 1922. Continued a4ld jfederm 811 Wof 4 in thel W00e00cm of said improvement under and- according to the tax -ma a0d cAra,. t � ✓f I �p elf #0111t1*4 No, ..,.99A ...... adopted by the o rd of Public Works_ ....AP.XJJ,.... 2,192 j# e1jiengoo �jting! fls to th; ®dice of the Depa Department of Public Works, vvhlc}a said POW, � f l k gd10 -ll M sPsP-1llcatlons a.re mode a part hereof as fully and' effectually as if copied and lot 01 � � - a Imith, i pa®varisttts a:14 aS'r%S that in the prosecution of said work ill proper � f i 1 � f>l 1`i � �l��ill i fll� plc i+l � .�' , = ; 1 •. ,: + all excava`ions an•i dangerous. laces a .Ie ll ul-9 ,0l.i oi6 ll4 M � �'��'41 iQ:1 �4� Hai' �'f e � �1t1 ,"T 1 �.v per son or f - � places, sill i. l n `tfa s � relyR l' i tf,' inr = yr r P...�.,,� Fron tr P' y; that in the event f y ^ or #h-ng connected there't+4itlt ®r P WWI �� 0fol i. to KAY p@l'�?��.or property, 1 *4 v ,ll r,v Pr 1,(_idate the.,sarne at his own expense, and as. IHMOliabilitythitifbil rt"tkl` tht t4vit, of ai��, f; s:r1 or claims baing madeeor any action or actions beingg ll �t the �l'lti. by rag"9�n or on artnu it of or growing wing out of =d av�rl� or its construction, the said 1ttf li f�P WillMIN'. a1 11 al3ao dtf tnd the same, and t-riil Pay any judgment recovered therein, and will in . 1i ��tli - fhd� # i i altd a e ltsrtttleto said city, its officers, agents or representatives from all cost, MOM ? JUdgkont x vered itt connection with such claim or claims, action or actions. And `if 4 � -ni Mith 9010n is betutn, the city shall notify the contractor of the pendency thereof, nut tho a y,shat be .cencksive against the contractor and a � t � ,-At hs tO tb- .t, lantili 3r and other matters Ba t the surely Per g thereto. P.ntl the`couirictor agrees o xnain"tain said iu proaY,:r.nr►e ac= r_ia _eitilk n t Wit-9 as uiay be necessary tc„ the';.pperiod and in the n&Aiter as faxedJW the .s mi;tea.tions, and to �t.tre the t iiateit net and repair thereof to file with the Board 1vf'P41ic works a bond with sufficient surety thereon and in au am6tYit ads fixed by: he ikciftcatiatist And i 'doing snob �-epsir work the contractor and the surety ore his ; aftrltee bond shaft, be subject t$ the samme' ftability to the city a.nd auy,okker persoa for any injury or damage Why person or Qrop- ertyin the same manner and to the same e�ete�t as is fixed is the last.pre€eding paragraph reavering the con- Siruction work.. . Ail ifis further agreed by ani b-twee sail party that the acetaam of theiSrk pfovided for in_tl:is contr ct, or "fhe payY'" roent thereof, shag' nw� cr iidtute a waiver on the part of tht city of any of the provis- xons, of this contract, nor shall it release mid ce.s; .etor or the sureties oa his hood for the faithful perforz:t- anee:'the eof ; oar siiatl` the acceptance. be pruna, fiocie evidence of the perfortb itiee of any provision of .this contract, except to the -extent of enif ling r' contractor to the contract prk@ thet@for. The contractor agreese to,24y for ail tabor ar[d tebaterial' -used or furta ed to lit ttsed In the making of such mproverrient anti' in. the perfortn4nce of this contract, whether done or ftrnlahed fctr.liiin; +ar his agent, ghee, spccessor' Dr subcontractor; afid the city may reserve out of soy al owattice lataele on gny estisiate to avor of :the cointractor or 1•:; assigns, ,-or out of the rmount due hit:t or his sggigns upoti the eomplet on gf t3ie` wank, so much. as zna"., cessary to pay all laborei s or wateriat taeti for 4kidailU due theat or �vorii .�tone.or r atei�als,`usec, or iurn shed. to be used its the perfortiaii�e,6i this eoiitra:ct and the ioing of said work,- 4nd the cotinty treasurer, acti: as city `.rLasurer, ma retain motley ceJ,.w4g l from propel 4 ners;as9esst i,q4 said imp- �vcnrent ties-such,.debts or uutff th4 eontstsct :zs s tli fh4 itayt been plaid, Ear eatis€ed,. . The coatra�7*or Agrees to remoe-w all rubl)ish, earth, and unt:sed nwiterisl in Che streets ar err�;s t ..:::�.,:t upon. fhe completion o1~ fhe improvem-nt or the rewiring-fheFeof. The,work- . - rttakt . 7 alzck tmprovernent shall be cmU0e�c*accor*ng #t► the ter — tf of a eon-traet to Gr be fore the.,, . .................... _.. _ armless 'the tltne fAr the c®i fPletisr of the sate shah he exre= 411t -�fi by fke Eoard of Pub9c lWoji s.. And it is agreed that any such extension of time, "or any alitera��on ol- contract or of the manner or meth- od ®f dbing such vvoric simslt in way a ect'the duties, obfiga'Vionsor-iitbRities of the contractor or his sure- . tics. It is agreed that the,contractor shall not P.ssign this -ract, or sub4et the worst or any pert thereof :to be done; here} ndet, witho+�t the v,rit.en co .�,,n of the G;�ard aT P;slilic Works. It is, further agrreed and stipulated, that t`v- contractor shalt give to residents of said city and Monty pteterenti In the. errployjn.cnt of all labor_ nQcessary in the performance of this contract, and failing tg4D so, ahall forfeit to the city=the sum`of ten dollars'for each failure to observe this stipulation. ' And upon the pertgraiance of all the tefms _and conditions of this contract, and things to be. doh and erfored by'aatd ennrractor, the said city agrees to cause the cost of doing such ®work to .be assessed,` col, eCted and paid t iiisl contractor is tke manner fixed by the statute governing the making of such isnpro t..i*, To "ek of the Canditigiac and stiPulatieas ei this castract, including all and singular thq provisions and tum4 of the plans, pro6k, specification and resolution aforesaid, the un&rvigaed binds him-%-H or itwf, i d tt_a, rt-V ettve sucemor yr assigns of such parties. IN TESTIMONY- WHEREOF, We, t1le foregoing -named parties, hereunto .set our harids this 12th, day- of June 1922. CITY OF SOUTH BEND,; INDIANA. GEO. A. HARROP BY L..:B. SLAUGHTER •Contrac:tor. L.: P HARDY ALBERT F. EONER Its Board of -Public" Works.:_; A-4�. That we_ -- .....,,.,, .-I-,----Goo-.--- A,--- Hars3a p., .. } h: _... State of ----------------_---..._.._... Ind 1 grpany__ Q-f _ M4 y_lsnd .._...... __, tf t"; wlity �f --- --- -and State 3 r stagy°o�! lam, e Ltelfl anpd� €topxuly bound to the City of Sonth Bend, Indiana, in tare- sari of.. /:Q 48 00 #or the paytdeot of which, well and trut+y to be made, we jointly and severAlf bhid ._;:+ esttc+ttt�t , a taizistratots and assigns, firmly -.by- _ these presents. `fi`1+.�i f :, it s-a of the- obligat. a are snow tb�t if tha above named.....-- ---_.__ ---------- - ._skaE faithfully colaley vtth e -,e t made ani eaters intoa,__th, day of...................June 1 22. with the sat of South .B.eaci, I onian; and shall ftilfilt al the conditions an- `s1pul&t4ona thet,apl according to.tjie`t ue intent and �neaiiing thereof, in all respects, then. this ibUgatron to be Vold, @fhL%FWi" to be and, remaip_in ftjll tome and virtue in law. In the event --the said Mi. shall wand th@ conapletion of said work, such extension shall not in any way release the: sguretics on this iftd, This shafl be a construction bond, and the suretieson.-the -same: shall not be bold r@sp@#dWe Mf 64 maintenance and repair of the improvement after if has been accepte(t by. -the 9ccond plifty, bhtt §Wb §gf@fjas shall lie field responsible for the fait'-ful compliRncx with all other cond"ilmtsm- pffkdow SM f#gWf$wfA4f:§ coved ky ©r set out in the contract. Tuesday June 13 th . , 1922 . Continued. dl..... ,a.c.s and s.:�.is this ......... _.....1.�1 �„�-. ay FIDELITY AND D OS T COMPANY c , C�1�O..,A.,,,,.,.HARR,OP,,. B II GH P. D NAH00,' 7'1'4e. ah *ve bond _Pmovetd this ---- ___-____-�-1�t+k1.._,.... _-. June 1922 , L. B. SLAUGHTER .................. .................w,...... . PUBLIC IMPROVEMENT CONTRACTS This Agreement, ande and entered into this 12th, day of June 1?22 by and between Geo. A. Harrop of the County of St. Josep h and State of Indiana hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Josepyh, and State of Indiana-,-by-and-through-its-Board of Public Works, (hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Ac t Concerning Municipal Corporations, "approved March 6,1905, and all amendatory and supplemental acts thereto:-- Witnesseth, that the contractor covenants and agrees to construct pipe sewer on Marietta Street from Indiana Avenue to Dubail Avenue, in the City.of South Bend, Indiana at and for the followir4 prices:-- 290 lin. ft. of 10" pipe sewer, per lin ft, ..... , ....2,40 32 lin. feet .of e" pipe sewer, per lint ft........... .90 112 lin. ft. of 6" conduit pipe per lin ft.......... 1.00 10.2 lin. ft. of mamholes per lie ft...... , .......... 7.00 2 storm water grates, each.........:.................I0.00 1 manhole cur and cover, each .................009..015.00 and to perform all work in the prosecution of said improvement under and aecordiug to the tams .aPd cans,* ditione of Improvement Resolution No. .___97B-------.---- adopted by the b and of Public Wux'lta... p ... . s 1122. and the plans, profile and specifications on file in the office of the Department of, Public Works, fie+ C es .d resolution,` p}ans, profile and specifications are made a part hereof as fully and effectually. as if copied and sot .Out herein at full length. The contractor further expressly covenarts and agrees that in the prosecution of said work all prspr o: n, + all excavations and dangerous places, skill and..care v ill be exercised; tthathe ' 1 } onQ ' d F and will use all due and proper precaution to ar-,v - ��,u+-v t., ny person or property; that in the event Q any injury or dams.;$ result na from the �_r or r s ��ti from arty matter or thing connected thevewM !fir arising therefrom, to any person or property, he � -M flay arri hc ,,id.ate the same at his own expin", and its- sume the liability therefor; and in the event of any clair-� or claims being made or any action Or actions hallo brought against the city by reason or on account of or ndg owing any ofs^.idwork or its c tstr ctio nslthe Oall contractor will at his own expense defend the same,, a pay y judgment all respects fully indemnify and save harmless said city,, its officers, agents or representative$ from all cost ]j experise, payment or judgment recovered in connection with such claim or claims, action Or act$On$. And li within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, thad any judgmnent rendered against the city shall be conclusive tgai s t thtracto d igai t the $ttretY F on his oortstr>ktc�on bc: d, as � th ame�-��, �:.a�ty pertaining And the contractor preen to maintain said improvement arid, make such repairs as may be necessary tk,^Ii the period and in the man, ner as fined bX the specifications, and to secure the maintenance and repair theta®f" to with the Board of Public Works a bond viIth sufficient surety thereon and in an amount as fixed by the opedifications, And in doing suck repair work the contractor and the surety on his guarantee bond shall be ,ubjs;ct to the same liability, to the city and any osier person for any injury or damage to any person or, prop- crty in the same manner and to the sae esteut as is fixed in the fast, preceding paragraph covering the cOn- uc ftruction work, -- A%d.it is further agreed by and between said parties that the acceptance of t>ie work provided for in this con.trect, or the payment thereof, shall Pat eonstltute a waiver on the part of the city of any of the provis- lono of this contract, nor shall it release said cont—Mctos or the surzties on his kond for the faithful perform- ance thereof; nor shall the acceptance be prim. itrn evidence of the performance of any trovlsion Of this contract' except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this- contract, whether done or furnished for him, or his, agent, Asasignee, successor or subcontractor and the city may reserve Out of any allowance wade on sissy estishate In fs.vor of the- eontraeter'or- 1h a assigns, or out of the amount due,him or kis assigns upon the completion of the work, so rnuail as•ma3 cessary to pay all laborers Or uaateriac mea for ausounts due these for work done or aafater1v4s, listed op,curnished to be used in the performance of this contract and the doing of ss;r ld works and the county treasurer, acting' is' &i frc,&surer, nosy retain money Coed from property ®wnajra st®seb ed'f®' RAsti 1r1►1iroVehie3�t fo'pay'sit& debts, or � tiie ��txeesaur sa?��s that ey rya bern paider6s�d@fi4,, .......,.,.....,,. the coar-a� ot- a�; cws to remu- alit ruh,ish. earth., and unused �ateriil in the streets of sra^a n the t o rplelioti of the improvement or the repairing thereof. ' The work Of making sim% improvement shall be completed acror-4fing to -the terms of as eellmet on or bmforethat;....... .... ...,.:e..,..,..... I ..... ...:..:.:.1.......... =-......... dav of_..... ---------------------------------------------- ---- ..-......, ......., _ _ 19. unle$s the tinte for the completion of the sar,e shall be extended is writing by the Board of Puklic Works, And' it is agreed that any such extension of time, or anv alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the duties,obligatio"s or liabilities of tke contractor or his sore - ties, _ It is agreed that the contractor shall not assign this #-v -act, or stab -let the work or any part thereof to be done hereunder, without -the written co -,,,,!,it of the b rd of P;>)Lc Works. It is further agreed and stipule+ed.. thst tiv! contractor shall give to residents of said city and o*vnty preference in the employment of all labor necessary in the performance of this contract, and failing to Jo so, djlaii forfeit to the city the Sum of ten dollars -for each failure to observe this stipulation. And np6n, the performance of all the terms and conditions of this contract, and things to be. done and performed, by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected salad paid to said contractor in the manner fixed by the statute governing the making of such improve - Tu oh of tho conditions and stipulations of thic`eentract, including all and singular the ,provisions and ttrl rs of the plans prcif►le, specifications and resolution aforesaid, the undersigned binds himself or itself, and t*a ru- ectiyt sume",+or or almigm of wch parties. 198 Tuesday June 13th , 19229 Continued, IN TESTIMONY WHEREOF, We, to foregoing named parties, hereunto set our hands this 122th. day of June 1922, CITY OF _ SOUTH BEND, IND-IAiNA:OF: GE 0. A. HARROP BY L. B SLAUGHTER -- Contractor. L. P. HARDY _ _ -- t; - ------ _.:.: ALBERT F. HONER - - . Its J and of Public Works _ .._._ ... ._ _ _ a . } e -... _. ... _. ''' l�3� . 10 That we: •------ -2- St. .Gay •-A„•••F�T}sn' -€fr: #a4ia... Joseph . nu.,.a h ...............,.7-St©i.. - - ---------------and State of. ....... o A%r Yl and -A<al`atler, ill* htid #,ytd -mly bound to the Cit7 of South Bend, Indiana, in the sutra 9#,:.:: of 0 471.00 � C�1$��t�ttti� ��.€;�� r ply by thes, gfeserY s. ��r� �`d3�t��liC`'t'i�a' �`.�'� ��@��i i�i� $w::� Ylf�# I� •�?� c�9o'iE 1He'4iii�...�...................�..nes� r.>. ,..r .. - �;::zssttrsJ - rroP_......... s�zfaithf ully co a ______ PAY With *@ 1111 AM "food intoJune 1 2 ..� t �$ a � � with th@ QV. Qf .AMi h. mod, m ia.nf and shall fulfill alf the conditions and s ipulating tj@r@1fi @ontA144i ��64fi t® the t!u@ intent and m� a ling th-reof, in all respects, then this ohlightioh to b@ old othfywii# t® �@ afi f0mald in' N-ft Ydree and virtue in law. In the eve.. _ :he said City ®hail' � tond th@ tl6. for *0 @del 40tt OrdId w0ftl such extension shall not in any way release the suretioo on thin bond, Tli§ 0,01, � ►6t t i + -!-jnd, and the sureties on the same shall. not be hold roaponnible far leg f!1Gitl0flaRAV endd. oil 0.a�%rjt his been accepted by the second p rtyj Wt ough wf@fl@g fit ii l 0osibfor'tl� f ,g` Ful c9, liance with all other conditimo, stipula of Y#qfn s�jtg f?� 4 j or '�Oit Out in the ` June I 922.FIDELIT 1 .NAR:.Y AND .......................... (�; ,, `� .) _gEO. A. HARROP t. BY HUGH P. DUNNAH00, Attorney:: in...fact.._ L. B. SLAUGHTER June 1922. L. P. _.HARDY ...............___..__.....__._._.___.---_...._. ALB F,RT--F. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entdred into this 12th, day of June 1922 b -and between White Construction Company f the Count) Q11==Tzil k+se -and State of Wisconsin (hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana band through its Board of Public Works, (hereinafter 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 6m1905, and all.amendatory and supplemental acts thereto:- " Witnesseth, that the contractor covenants and agrees to construct pavement on Irvington Avenue from A.fiehigan Street to Fellows .Street, in the City of South Bend, Indiana at and for the following prices: - SO lin: ft. of curbing per lin ft............ $.50 1359 cu. yds. of grading per cu. yd......... .90 14 new inlets, each .......................... 12.50 14 inlets reset, each ........................ 3.00 6 manholes reset, each ........................ 3.00 209 lin. ft. of marginal curb per lin ft...... .40 402 lin. ft. of 8" vit. pipe per lin ft......... 90 4263 sq. yds. of Mexican Asphaltic concrete pavement per sq. yd.............. „ o 2.25 ith. . 10222. Continued. . I Aud to porform all work In the prosecution of said improvement under and according to the terns w 4 wn� ditions of Improvinpant iasohition No. .9.5.4. . . .............. adopted by the Board of Public- Work,-.. mare )a 20th. 1922. and the P16ftA, proffle D,nd specifications onfile n the office of the Department of Public Works,_w_b_ich- ... said- ' rom5lution"Plaill, rofilt and specifications are made a part hereof as fully and effectually as if copied and set out heroin at Full length, The contractor further exprearly covenants ard agr;-s that in the prosecution of said work all proper 6111 and care 111 he eyPrc!s;vJ tb.-t he . -"I all exmvat -ions and dangerous places, and will use all due and prooptr to -.r1r percon or p` rf-y; that in tfie event Qf ag Injury or darnal go resulting rnrn th,, i�), r%r ri-, ,) frrn n~y Tt,_rf - or th;,nv '66nr-cted therewith or fir lifif therefrom, f*o any pert;o-i or property,lrl,� 1�11 n!�Vl -,�i 1;r--.-idate th4t same at his own expense, and as - SUM he liability therefor; and in the event of any rJain or cla;zns being *- made or anv action or actions being i Z, brotAght againat the city by reason or on account of or groinng out of end work or its construction, the said contractor will at his own expense defend the same, and wiil pay any Judgment recovered therein, and will in all respoets fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expaut, pa meat or judgment recovered in connection with such claim or claim,',, action or actions' And if wilthiti ten days after any such action is begun, the city shall notify the contractor of the pendencythereof, thw any judgment 4,tred against the city shall be conclusive against the contractor and against the surety an kit wattrtctiea bek4 " w th- ammiat, li&bil*y and other matters pertaining thereto. And the contractor agreez to m aintain said improveinent and make such repairs as may be necessary to: the period and id the manner as fixed by the s eations, and to secure the maintepance and repair thereof to file with the Board of Public Works a bond' with sufficient surety thereon and in an amount a; fixed by the specifications. And in doing such repair work th6 contractor and the surety on hi's guarantee bond shall be subject to the saa�ie liability to the city and any o*.er persot for any injury or damage to any persem or prop- erty in the same manner and to the same evztetat as is fixed is the last preceding -paragraph covering the con- struction work, Azad it is further, agreed by anii between said part"'tbat tine acceptance of the work provided for in this contract, or the payment ther(aof, shall not ccrnsi4tutc ;i waiver on the part of the city of any of the provis- iOlis Qf this contract, nor shall it release said contractor or the sureties oia his bond for the. faithful perform - &not thtweof; nar shall the accr-ptance be prima hLcie eviaence of the perforrnance of any proyision of this contract, except tp the extent of entitling the cook-&ctor'to the contract price therefor. The contractor agrees to pay for all labor and materialsusedor furniAed to be used in the making of such 'improvernetA and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor z and the city may reserve out of any allowane'e made on any estimate in favor of the contractor or 1c i assigns, or out of the amount ine him or leis assigns upon the completion of the work, so rhuch as ma.l cessary to pay all laborers or material z men for - amoa- nts due them for work done or n�ateriials used orA`.uriiished to be aced ire the perform'aace- of this contract and the doing of said work, and the county treasurer, acting as city Ireasurer, wAit retain money coluted from property owners assessed for said improvement to pay such debts or ufwj the %kows tkat *ey have been paid or satisfied' agre-eu to Fvrffoall rub5izh, earth. and tm-x!Sed mat6riafi% ftlwe Streets or srSea tzzz� thf` imPfOVIMIQDt Or th> re -pairing thereof. The w9fk of ft-IfAking §114 improvement 6hall be cornpjetei accorwing to the tc-m:s off cr<Aramt on W ,4r_J04iV- the ... ... .....day of ... ................. ------------------------------------------- -- 1 19.... 410W,T; fifid Omie lor flit to 1 , PIV-�fl*v Of the Sal1- t 1111-fil" �1 6� extended in writio-g- by -ftc- Board of Public Works, ,Aq it i6 ifgffod fho pny - 0-vidwilon of time, or ariv alte - 6 0 , gtA ra�ion of this coptract or of 'the manner or meth- , - tit &ftg bi h of AAll in tiO way affect the duties, Obligations or liabilities of the contractor or his sure- dgl-&A filitt +hr not nssign thi- or r-irt. Or Stib-let the work err any part thereof to - flt�tw&f, WfthcjoA.z vvrllvet .,.J). oPzc Works. It 10 Mrtk.,jr dgi,tyd and 441,3t vt c-ontractor shall gi�,e to residents of said city and crtmty 'JtJJt_t in the ftuployfrl-t of !14 labor ri»C-2&aary in the. Performance of this contract, and failing to dog so, Shull furfrk to the city the sum of bpn dollars for each failure to observe thisstipulation., Arid iAljon thde performance of all the terms and conditions of this contract, and things to be done and Ioniol-i t4 by said tantrataur the gaid city agrees to cause the cost OF doThg such work to be assessed, col- diArkI tiiJ paiii to said czatractur In tkie mantier fixed by the statute governing the making of such improve - 'fit, eack of the teMiti4fit and gtiptilAti4as of this contract, including all and singular the sions and bow T', -of the plant, profile, apetifitatiot% and resolution af*resaid, tintL_* reigned i5inds hZ11reow or its*lf. I 'or aamt�%of a-_ich turtles. IN TESTIMONY WHEREOF, We the foregoing named parties, hereunto set our hands this 12th, day of June 1922. , CITY OF SOUTH BEND INDIANA THE WHITE CONSTRUCTION CO. BY L. B. SLAU6ATER H; B. DETWEILER, Secy. Contractor. AILI-37R, T . F . -HONER . its Board df Public Works. CGIIZSTRUCTVOIN F40ND -.tz, That we ............ ....... TIM ... WaTM ...... It X TTO ME of L ------------ - --- - --y'st4te of. .. and �Ttl_LAS_UALTY ---COANY _. Baltimore Md of the County of....._...-.------------------------------------------- — -------- and State ae sure -ties, are held and firmly bound to the City of South Bend, Indiana, in the gum Five thousand seven hundred fourteen-- ------ ...payment ..."'__o_,f .....which,------ ------ w__e__1_1 ---- and d- ---- t_r_u_1_y___to --- - ---- - M 5 714 QQ, for the I e - iointIT and oevemfly bind tx_.tcutors, adminstraturs and assigns, ffirmtly by these,.presents, The conditions of the obligation are such that if the above jtm� .... -ompany--sh" faithfully comply with the foregoing contmot, made and enterei into -- — ------- day of -19......... Indian, -------------- -------- with the City of South Bend. India. and shall fulfill alf the conditions and Stipulations therein contained, according to the true intent and mea:iing tbereof'in all respects, then this obligation to be void, otherwise to be and remain in fall force and virtu-, in law.. � In the even- the:sad City shall extend the time for the completion of said work, such extension shall riot in any, e way release the.,sureties '8fi ihis'bond. This shall be a construction . bond, and the sureties. on. the same shall not he held it-iponsible for the -: maintenance And repair of the improvement,enf, after it has been acceped,6y the second party, but such sureties t skall be held responsible for the f ait'- f ul `co.apli Inc, I n with all other conclitiqms, qtip4l*#oft5 and requremarits covered lby or set out in 6t.c contract. S WITNESS our hands and seats this ------12.tILs ......day o£... ........ Jun.e...29,22&....,,,.,rQ-- Geo, A. Kiser - mH SEAS': E WHITE CONSTRUCT70N CO A ...... B .. Mir i d € uai.t Company H B� "T7Eit1T�, Eel ........ �-tsLAL, ---- -- - _ �:.. orie het, The abtfv� and approved this -------. of... ..... ... June. .1,9�2..;. ) ..,,.... L` B. SLAUGHTER ALB_�'RT_al -- - --- -- lioard of Yu': e worim The following claims were approved by the Board, Sanders & Egbert Co, t$427.90 S. E. ?heaver. 92.34 So, Bend Spring Wagon'C. & C. Co, 12.20 White Welding -.Co 11.60 J. C. Lauber Co. 15.35 CO Solloway 7.50 Good -Roads Machinery Co. 5.00- Joseph Krill 12.00 East Side Lbr. Co. 5.64 Indiana Lbr. & Mfg. Co. 8.16 Thomas Rubber Co. 1 00 South Bend Supply Co. 72.76 Elgin Street Sweeper Co, 80.25 Elgin -Sales Corp. 39.20 West Side Hdwe Co, 10.40 F. C. Reimold Co. 35. 7 Ind & Mich Elec.- Co, South Bend Coal & Wood Co. ll. 0 Bagedorn & Webster 13.50 John B. Haberle 71.62 D. C. Layton, St. Com. 10.78 Attest:-- er t h o tie rToa rd Orljf% rest enti o13oarcE.