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HomeMy WebLinkAbout06/27/1922 Board of Public Works Minutes1 Board met in regular session at 9:00 A.M. All menbers present. Bids were received opened and read on the following improvements. _Pipe sewer on O'Brien Street. Bid of Geo. A. Harrop . 12 inch sewer, per lin ft........... 10 inch sewer, per lin ft' 8 inch sewer, per lin ft. 6 inch sewer, per lin ft. Manholes per ft. in depth Manholes,_ curbs and covers, each Storm water inlets, each Check U00'.00 Bid of Joe. A Luther. 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 Check $122.00 Bid of Hoban & Roach $2.45 " 2.00 .70 1.00 6.00 18.00 10.00 2.6o 2..00 1.00 .95 10.00 18.00 10.00 12 inch pipe sewer, per lin ft. 3-.20 10 inch pipe sewer, per lin ft. 3.00 8 inch pi a sewer, per lin ft. .75 6 inch pipe sewer, per lin ft. 1.25 Manholes per ft. 8.00 ' Manholes curbs and covers, each 17.00 Storm water inlets, each 10.00 Check $100.00 Bid of Bruno De Palepe 12 inch pipe sewer, per lin ft. 2.45 .10 inch pipe sewer, per tin ft. 2.30 8 inch pipe sewer, per lin ft. 1.00 6'inch pipe sewer, per lin ft. 1.00 Manholes per ft. 6.60 M*nholes curbs and covers, each 17.00 Storm water inlets, each 10.00 C heck 4122.00 Pavement on alley in Mease Addition. Bid of Hoban & Roach. Grading per cu. yd. 7 inch concrete per sq. yd. Check $100.00 Grade curb and walk on Eckman Street. Bid of Heim Construction Company. walk per sq. ft. curb per lin ft. Grading per cu. yd. Bid of H. N. Barnes. Walk per sq. ft. Curb per lin ft. Grading,per cu yd. Bid of Highways Material Co.. Walk per sq. ft. .curb per lin ft. Grading per cu. yd. Check 0100.00 1,25 2.50 .13 .32 .65 .30 .6o Check $100;00 .13 ­♦♦ ` 30 .65 Check,$200.00 Grade] curb and walk on Bergan Street. Bid of H. N. Barnes. Walk per sq, ft. .13 Curb per lin ft. ,28 Grading per cu. yd. .50 Check 1100.00 Bid of Highways Materials Co. Walk per sq. ft. .12 Curb per lin ft, •30 Gradin per cu yd. .60' 6 Check $200.,00 All bids were referred to the City Engineer for tabulation to be reported on Wednesday June 28th.1-1922 at 7:15 P.M. Bids were 'eeiv d,frorq Bruno De Paepe and Hoban & Roa`ch on the Kessler Blvd. pipe seFe•r9 but wkre placed on rile until a future date on account of injunction suit against the City opening bbids on said sewer improvement. City Engineer :fi.led written :;r'eport on petition filed for change of type cart pavement on Alley north of Lincoln Way West from Leland Avenue to Alley east of Wood Street, same read `and placed on file. - June To the Hon. Board of -Public Works, of the City of South, Bend,,, Indiana. Gentlemen:- We have checked the number of resident free-hold•errs €along the alley north of Lincoln Way West from Leland Avenue to the alley east, of Wood Street and find that there are thirty seven (37) The names of twenty-one (21) of these appear on the petition for sph asphaltic concrete pavement. = Respectfully submitted, FREDERI CK J. ANDFRSON The. following affidavit was filed by Attorney Sommerer and was read and placed on file. _ AFFIDAVIT. State of Indiana )SS S t . Joseph County , ) WMMA GRU®ER being duly sworn, upon her oath deposes and says Rat s�e is resident and owner of real estate at 428 West Madison Street, in the Ci ty o Sout Bend; ,that this property abuts upon an alley which has been proposed to bep awed; that there is before your Honorable Board'a petition as to the kind of such pavement; that she did not sign such peitition not authorize anyone to sign the same for her in favor of asphaltic concrete pavement• that she never seen said petition on which she is informed h r name appears, and ghat she is in favor of paving said alley with concrete pavement, and further affiant saith not. EMMA GRUBER = Subscribed and sworn to before me a Notary Public in and for said County, and State this 21.st day of June, 1922. ( SFAL) EDWIN H. SOTv1MERER My Commission expires June ,.8,1924. Notary Public The Board after hearing all parties interested in the above matter deferred action on said contract until Wednesday June 28th., 1922 at 7:15 P.M. John Suehy appeared before the Board and requested ermission to place sewer in the first alley.west of Riverside Drive from Navarre Areet to South to the,lst. alley west of Riverside Drive, same granted. n Board ordered a 100 C. P. light placed at the corner of Parallel and Street and Grant Street. Estimated cost of improvements filed by the City Engineer as follows: - Gravel pavement on Gertrude Street from Ewing Avenue to South Line of RlmoVillage at..... a ....1550.00 Resurfacing of North Shore Drive=from Iroquois Avenue to Michigan Street and Lafayette Street from North Shore Drive to lst. alley north of North Shore Drive at............s025,729.00 Partial eItI �e allowed Harry Polis on sidewalk on North side of Elwood Avenue at:....... Partial estimate 411owed Harry Polis on sidewa,k improvement on West side of Portage Avenue at..... 4 327.08 Building commissioner instructed to have coping on the City Hall repaired. H: G. Christman Company granted permission to. close Tutt Street from Lafay tt Street east to Westley Miller s Driveway on Tutt Street for a period of Ninety 790) days from this date on account of the construction work at Studebaker s Proper barricades and red lights to be placed on H. G. Christman Company and Police and Fire Department notifie . N. Barnes took up matter of wash out bn Robinson Street he a he is com leHtin is cont act for rade, curb and walk and suggested that rains be place.. Bo r ordered necessagy drains put in under the supervision of the City Engineer. > Tuesday June 27th.9 1922. Continued. Indiana Bell Tel. Company ordered to remove guy wire from driveway at 1st, alley East of Miami Street on Ewing Avenue. Pole and Wire Inspector filed recommend that the pole line now on Indiana Avene be removed to the alley. Same approved. Upon Recommendation of D. C. Layton, Street Commissioner, the follwing notice was ordered sent to Chicago South Bend & Northern Indiana Railway Company to repair pavement between tracks. The following is a list of the worst settlements in pavement between your tracks on North Michigan Street, Navarre Street, Portage Avenue and Lincoln Way Test. Four bad places in east track in 300 blk No. Mich St. 414 No. Mich'.''Street. Portage Avenue. 502it 723 510 " n IF"tt 743 It" 522 n ittr n 804 n n tt 211 Navarre St. S17 Wit it" 213 it" "it 91014 it it Just W. of Lafa; on Navaree St. tilt 930 W. Navarre low joint 1Q23 09 Portage Avenue. 1@25 it" n n .. b15 tin 1055 Lindsey St. & Portage .110 I11,4` tt n n n 1149 " t► n n nn 4 w 1'234 It t a �B Itwe,en track from V%14:d.uct to end .of track: : 2324 Lincoln Way West. z ll 2304 2206 LW. W. & Rey 2020 Just W. of 3 I. tracks LaW.W. 1426 Lincoln.Way West. 1402 1342 1332 n n n tr 1238 1020 608 tt n n n 520 tt tt n n Wood & Lincoln Ways West. 318 La Salle St. Int. alley Main Street and La Salle Ave. Remonstrance filed by A. J. Hammond against pavement on North Shore Drive between Lafayette Street and Irqouis Street: Remonstrance filed against improvement of North Shore Drive by Wm. K. Kennedy. Remonstrance, -filed -by.•Mrs.� AmpTimoney of•617 North Notre Dame Avenue against rkw€ yy on. Notre Dame. Avenue i resurfaced, same read and placed on file. Petition received, read andplaced on file for sewer on Scott Street fom Indiana Avenue to Vandalia Railroad Co. track. Resolution ordered on same. Resolution ordered for grade, curb and valk on Randolph Street from Leer Street to 1st. alley west of Marine Street. Resolution ordered fo pavement on Milton Street from Miami Street to Mumford Court Resolution ordered for pavement -on Dayton Street from Miami Street to Mumford Court. Petition received read and placed on file for sewer on Columbia Street from Wenger Street to Paris Street. Petition received read and placed on file for pavement on Kendall Street from Indiana Avenue to Calvert Street. Remonstrance filed aginst pavement on Marine Street. RESOLVED BY THE BOARD OF P UBLIC WORKS OF THE CITY OF SO UTH" BEND, COUNTY OF S_'L: JOSEPH, STATE OF INDLf1JVA: That it is desired and deem- ed neeesscarry to construct 6kV4gXW a sub trunk sewer in Broadway and Dale _ A�renue - , all in said City, which, from its size and character, is not only intended and adapted for use by property own- ers whose property abuts along the line of said sewer, but is also intended. and adapted for receiving sewage from collateral drains already constructed or which may be, hereafter constructed,, and the same is_hereby ordered constructed in and along the following line in said cit , "to -wit BG�in at the manhole g- I ai•t the inters4otien of the center line off' Broadway and. the alley west Ot bale Avenue; thence east along the center line of Broadwa 200 feet.w]k with a 15 inshDovitrified pi a sewer; thence so i$westertely-10 feet, " �r thut]�on er O& _-1l evenu g Q 1 tnngh 3ilri a ew r t ;. TU ence sou�heas er�y5ee:eee weneg�h inch vitrified pipe sewer together:wM T& necessary manholes storm star inle#,§, conduits an'A house - edifteeti©ns to the cur_ b Line a onthe And to be built in accordance with the profiles, specifications, detail plans, maps and estimate snow on I file in the office of Department of Public Works of said City, which includes an estimate of the proportion that the cost of an adequate local sewer, built along the above line, bears to the cost of the main sewer, to be built as follows: The cost of an adequate local sewer; built along the line above described, is hereby estimated and fixed to be .. • • • • • • • • • • • • • • • • • • • • . • • • • • ................. of the cost of the main sewer to be built along said line as above set forth, Which proportion, as herein estimated and fixed, shall be taken and adopted ; in all .computa- tions- requiring a knowledge of the cost of such local sewer if built along the line where the 'fnaiti sewer' , is to be built. The cost of the construction of said sewer shall be divided as follows: L So much of such cost as shall be equivalent to the construction of an adequate local sewer not adaptedl' ' to receive sewage from collateral drains or sewers, if built along the proposed line as hereinabove set forth;, shall be paid by the abutting property holders and the City of South Bend, if it be determined that said City is '= ' benefited by said sewer in the same manner and to the .same extent as local sewers; are paid for by them,�l - under the Statutes in such cases made and provided.•, 2. The excess: of cost over and above what would be equivalent to the cost of a local sewer, if wilt along: said line, shall be assessed against each piece of property in the district or area to be drained and against -the -City, if it be determined that the said City if benefited by the said sewer, according to the manner and method prescribed by law, all of which said property beneficially affected lies within the following described fterritory in the City of South Bend, County of St. Joseph, and State of Indiana, to -wit: All -'of lot 40 41 6162,73 74s75 76 77 78s7900' 61 124,12591269127 12S9i130,132, 33,134 M- , `. and C a anger .Vre ghbaum's Second I Addition I i Said Improvement shall be known_as = J ..... Braadwa<y..and..I:ale... Sub.._Tru..nk...s.ewex.. ........................................... .............................. under Improvement Resolution No...1,0.03 ............ in the City of South, Indiana. And each piece of property/ in said districtorarea above described, including abutting property -holders 4= ------------- and the said' City of South Bend, if the said City is benefited, shall be assessed, as aforesaid, to pay said excess v of cost over and above what would be equivalent to the cost of a local sewer; all of which will more fully ap pear by reference to the profiles, map, drawings and specifications now on file in the office of the Department of Public Works of said City. which, among other things, gives the exact course of said proposed main sewer,. overflows, and its appurtenances, and the district or area which may be injuriously or beneficially affected. l thereby, as shown by the heavy boundary lines marked on said map and drawings, with proper words and figures written thereon, clearly indicating what said heavy boundary lines represent, and the district or area embraced thereby. Assessments if deferred, are to be paid in ten equal annual installments, with interest at the rate of six per cent per annum. A bond or bonds shalLbe issued to the contractor in payment for said work, unless the property owners pay said assessments before said bond or bonds are issued. Under no circumstances .; f shall the City of South Bend be or be. held responsible for any sum or sums due from said property owner or owners for said work, or for the collection of the same, or for the payment of any 'bond, bonds, certificate or certificates issued to said contractor in payment for such work, except for such moneys as shall have been ac- t 11 ua y.received by said City from the assessments for such improvements. 2Zi Tuesday June 27th., 1922. Continued. All proceedings had and work done in the construction of said main sewer and its appurtenances, manner of assessment of property collection of assessments and issuance of bonds therefor, shall be as provided for in an act of the=General Assembly of the, State of Indiana, entitled "An Act Concerning Municipal Corporations," in matters pertaining to the constitution, alteration and maintenance of public drains and sewers, providing for the construction, alteration and maintenance of such sewers and drains in such cities and 'within four miles. thereof, also providing for the assessment of property specially benefited thereby for the payment thereof; in whole or in part, and for the collection of such assessments; repealing all laws and parts of laws in conflict. therewith, and declaring an emergency, approved March 6, 1905i and all acts supplementary and amendatory thereto, passed by the General Assembly of the State of Indiana. I Notice of this resolution shall be published on the..:....2 .:9.::. p b$s ...day of. ...........fie.. 92 ......1912, ' s sx� i rl e and on the ......... 6:#+�kl... . day, of .............. JX1y..1.922 .1912, in the South Bend Dailyelimes. his oar give ive a hearing on this resolution at its office in the City Hall on the...... 1,9th;:day of . � fly • �.g2 -fit 7k5 P. M. III. Adopted this .....2.7t,}�.�. day of........... .W.Je� -B. SL4UQH` E4R P,0 w_ • ( � HARDY BOARD OF PUBLIC WORKS. ; ERT Fe- ROM • Veronica C. Sweeney Attest: I VMMM= Clerk.of Board. MEMORANDUM: Two weekly Publications. Fix date not less than 25 days after first publication. Mail notice to each property holder affected. The following bona and contract approved by the Board. PUBLIC IMPROVEMENT CONTRACT. This A reement, Made and entered into .this 24th. da of une 1922 by and between Hoban & Roac of the County of St. Jose h and State of Indiana hereinafter referred. to as the contractor")* and the City of South Bend in then Co my o St. Joseph, and State or India , by and through its Board of Pubic Works, hereinafter referred to as the City I under sand b virtue of an Act. of the Gengra Asse bly o� the State o Indiana, entitled An Act Concerning Municipal Corporations, sa:pprove Marc 691905, and all amendatory and supAlemental acts thereto : witnesseth, that the contractor covenants and agrees to construct pavement on the alley, south of . Division Street from Lafayette Street to Franklin Street, in the City of South Bemd, Indiana at a d for. the following prices:- 96 cu. yds . of grading per c u. Ord . ...........4.35 447 sq . yds.. of concrete pavement per sq . yd ...2.15 4iid to Perform all work in the prosecution of Said, imp:^eVe4 , a t 4 a t� 965 April 12,192 2. difforto of Improvalve t Rtsol+ttirm No - -- - - -- adopted by ika� € nd .tht plans, profile a.n4 -specifica*ions on file in the office of the Departmcu :. ( Y QVk, 5, Wtq lh A resolution, plans, profile and -specifications are made a part hereof as fully-snd eftetually as It 0%*d anti set out herein at full lerwth. The contractor further expressly covenants and agrees that in the prosecution of said worts all proper Wit and care av;ll.i�r exercised; that he r?11 1 -onty!" ���. .,d p o"^ct all excavations and daugorovia plaeao, and will use all due and prover precaution to prevent injury m anv person or prnnerty; that in the evelll aYt injury or damage resulting from the w-)r'_ or res ultirb from anv matter or thin connected therewith of ar ping therefrom, to any person or property, he vr�11 pay an-i liquidate the same at his own a peuoe, and w sume the liability therefor; and in the event of any claim or claims being trade or any action or aeli®no bolt, htoltght against the city by reason or on account of or growing out of s,.id-wont or its construction, the oaf 6ontractor will at his own expense defend the same. and will pay any judgment recovered therein, and will In rsll ragpects fully indemnify and save Harmless said city, its officers, agents or representativeo from all cost G pegs% pa went or judgment recovered, in connection with such claior claims, action or actions, And wit! feh lclaim or after any. such action is begun, the city shall notify the contractor of the pendency there. , 0A,:: u tsty judgv..Acrit r r'.r de , cC} K Sii< ti- *y slnall be conclusive against the contractor and against the surety t fin eta,tsc€a 4_, ?, c t tts� ar ,, v ...,, a y w-,d o*? r < tiers pert9�gi7x%lg thereto, And the contractor agrees to maintain said improvement and rzake such repairs as may be necessary fs„ the period and in the manner- as fixed b-r the suecifica+ions, and to secure the maintenance and repair thereof to file with the Board of Puh;"Ac Works a bond with sufficient surety thereon and in an amount as fixed by the Npecifications. And in doing such rep air work the contractor and the surety on his guarantee bond shall be subject to the sane liability to thz city and 1-ty ofd3er person for any injury or damage to any person or prop- (arty in the sam, manner and to the !§amc -:tcat ;s is fixed i2 the last preceding paragraph covering the coma .,t uction work., A d it is further agreed by any, be l:� ? f• ;: t :is t%at the acceptance of the work provided for in this contract, or the payment thereof, shady ri; t c a waiver on the part of the city of w y of the provis ions of this con°tra.rt, nor' shall t r'CIeaSc ? r c)r the suet;e's csi his 4sond for the fai;Af'al perfo ra- ance thr-,xHof ; nor shall the acceptance be ME �_r^i�ince of tht pe,fd rnance of any p of thitt contract, except to the extent of entit+x g tn. c, r tvt to the contract price therefor. The contractor agrees to pay for all la oand ; terials used or fuxniohee to be used in t1ke making of such improvement and in the perforrnanee of t§.is ccrtract, whether done or fuYnished for him, or his agent, assignee, successor or subcontractor; and the c..ty may reserve out of any allo-orance ) ads: on racy estimate in favor of the contractor or h;- assigns, op out of the amoi t due him or kis assign upon the complertiov of the work, so much as may '�cessary t, pa,; all laborers or F a,te iai maxi for aw.-,u-ata due them for work done or materials used or furnishes` t�.) btlased in the of t�4s co_astcuct : nui the doing of said work, and the county treasurer, acting as. cit•r arc_:,>v er, m iay ret l s:. .; e , y c from propertyy w oners assessed for said irxmproe--we._ii to .y sn h . Cx, .id or aRtisfied z�n Tuesday June 27th.1, 1922. Continued. i -,e concc a^- o - ag— ees to remo- 2 all rta!-)bish, earth, and viiauisfA v: itn•iai ii-a k ,;,: YeF OT E71- upon the completion of the imr;rovem^nt or the repairing thereof. The work of making such improvement shall be completed a.cc >t ding to t.;xe tc -oft ' c t .;t c , ; � befoi e the. -••----•--------------dav of ----- ------------ --•- - ly............. tu,less the time for the completi—%n of the sari-e shall b'c exten&d ivwriting by the Board of Public Works. And it is agreed that any such �:.xtension of ti-r.e, or anv alteration of this c��ntract or of the mariner or mith_ od of doing such work shall in no way affect the duties, obligatioe s or liabilities of the co3ntractcr or his suo;� > ties. It is agreed that the contra sor shall not .,ssi-n this ��r�• or s,,h-? t the work or any part thereof tt, l(: done liel'EL3nder, Vtii�liilU nA 'vi tt .._ of i t] ii )?i l c t",Ali VN%(trirS. It is farther a reed a s ;} +hat +la, contractor sh ' „ e to residents of said city and ty r ftrc cL in the en in he perfoxn anr_e of this contract, and faiKng t,, 3l"a11 forf..�`_ iC � r ty e1i cttt" ^f '-.rS for ea h fa?l!lre t0 ObServe this stipulation. F,_nd upon the per ..,....,u. e terms and coi-i litions of this contract, and things to be done p c{ ;aed by said contractor the said•eity agrees to cau,e the cost of doing such work to be assessed, cc-1 1cc .::1 a:h d pat�l to said ecru. actor m thz mia.aaer fixed by the statute governing the making of such imprc,7e. 1- r..V3- i'o Cnoptic-pn and rtipule_uinrs of this cc,ntract, including all and s'T3g'llar tt l�, ptOVlsloriS 'nl?rtS_ i .j��_i + ,7� nr r;'-i - L.. r ) 1 i �ltt _o sir`• t F, ;elf or itsk�j; r--t w . ) ._7-,.-L:VC SQCC _._�., n.. 2z;>., uP ..,act' nwrt o. t. In Testimony Whereof, ;9it'e, the foregoing named parties, hereunto set our handy this 24t"he, day of June 1922 Hoban & Roach CITY OF SOUTH, B�TD :INDIANA: By M. J. Roach AY L: B. SLAU�HTR Contractor. L P. HARDY ALBER.T F. HONIIR Its BOard' o'f PuV1 - or s y St4te of ....... _....,....Ind.iana ....-,.... . r ....... and ate pf-.:_-_.. _ New Yo k A 4 to thou City of South Bend, ITJY if r.._ Five hundred folft�r f#ve _ Dollars ($545.00, L.i � t l t� t �' i t ly to iN i _', v e .�l . r .. by t'- - 1 J SL"- fait-f ally G�:w. y WW4 * ;1. eaterrd into -•--------- - da}' of---........�i�ta�t..1.� « , with the City of South Bend, Indiana. and shall fulfill al the conditi�n3 and �t���l�ti� i� �> ; I - c@tita� i4i ftmotAin to the trite intent, and mea,iing thereof, in all respects, then this obligatlob to be, Voi#a, b t to be Al remain in full force and virtue in law. In the even'_ the said City slia,ll extend the time for t° :. q@ lotion of said work, such extension shall not in any way release the sufetles ob thig bond, This shall be s construction bond, and the sureties on the same shall not be held re6ponnible for #4.;; .l ti ttshe� and repair of the imp bvement after it his been accepted by the secon.d party; but 61-tch s r k = thiAll no, held responsible for the fait'-`ul co 'with z.11. 0ety..,r rJ. or set out in the co^.tr�! :A. ..._....._..cia WITNESS d� hands and seals this- :....�-tir; y (SEAL) ) -��T4AFL ----Ti 77,�Hw BY M. J.-ROACH BY JACQ F At � ao . ice resieent�Sy ei en ssitgceetary. The alcove bandp is.--- ay of.............: �Jiine ��22. _.Gn T R. -gT)A1jGUrrPR_ L. P. HARDY *hBRRT F. I Oasd Cli PUblig 31Vorl!-1y PUBLIC IMPROVEMENT CONTRACT,, This Agreement, made and entered into this 2 r day of Jun 1922 by and between The Whit Construction Company of the County of 1lwaukee, and State of Wisconsin (hereinafter referred to as the " Contractor")$ and the Cit of Sout B n , the oun of St Josep and State of Ln�iana, y and thro h is Boar o hbinic Wor s, hyereinafter referred to as the City"�, under UP% virtue of an Act of the Genera -Assembly of the State of I d nai, entitled " An Act con- cerning Municipal Corporations a pproved March 6,1n90 , and all a;menda.toW and supplemental acts thereto:- Witnesseth, that the contractor covenants and a rees to construct pavement on #ush Street from Raney Avenue to Indiana Avenue , in �he City of South Bend, Indiana at and for the following prices:-- �71 cu. yds . of grading per cu. yd. , • • • ....512.0 2 inlets resef, e7:.,eh 3.00 2 manholes reset, each 3.00 28 lin. ft. of marginal curb per lin ft. .40 40 lin. ft. of 8 inch vit. pipe oer lin ft. .90 891 sq. yds. of asphaltic concrete pavement using Mexican Asphalt per sq. yd. 2.40 zzs Tuesday June 27th., 1922. Continued, and to perform a4, work in the prosecution of said -------- adopted y d improvement under and according to the t*rme and con- -- ado b the Board of Public *orks.A�lr.JJ...JZ 19', • dikions Of Improvement Resolution No. ........ .-_----P and the plans,'profile a.n.d specifi'caticprS on file in the office oftheDepartment of ,Public Works, whfch sal 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 prosPcu�ton of sat work ill proper �l moron 'z: 1 1,.0}^ + all excavations and dangerous places, shill and care �- '1 he exerc s .a;,tr ..t he ,�*_ that in tlz6 event 01 and will use a.11 diie 3.+,d pro -?far pr !`aatt O� t Dr irrt,li r frnr _—v er^.t'ter oson or r the^nr' r nrect°ed therewith or any injury or dam^.me resat.'. 9 frcrn t_ , - �r arising therefrom, to any pers^-i or prop r v, h - - �1 1`ay ai, nr .date the s ins 2t �iis own expense, and as the liability therefor; and in the event of any date. or claims being made or any action or actions being brought against the city by reason or on accctir t of or growing oi~t of � "d work or its construction, the said contractor will at his own expense defend the same, and v ,ill 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 'f within ten days after any such action is begun, the city shall notify the contractor of the pendency ther�-.of, theta any judgment reuAeree' against the city shall be dd elusive against thecontractor also rtod against the curet y on ilia xstructian bc, 1, as.w tb am .. t< k+ pertaining . And the contractor sgrcas to maintain said sinprovement a-ia mai.e such repairs. as may be necessary t:.[ . tho ®rood add In the manner as fixed by the specifications, and to secure the tnainteuance and repair thereof to a with.the Board of Public Work.# a bond. with sufficient surety thereon and in an amount. as fixed by the specifications.- And in doing such repair work the contractor and the surety" on his guarantee bond shall be subject to the sai'rie liability to the city and any otker person for any injury, or damage to any persFan or prop- erty in the same manner $nd to the same extent as is fixed is the last preceding paragraph covering the con- struction work, AM it is Krther agreed by and betwees said part`*s that the acceptance of the work provided for in tlris corltrosct, or tho payment thereof, shall not constitute a waiver on the part of the city of any of the provis- lolu of this Contract, nor shall it r letae said ecntractor or tke sureties on his bond for the faithful perform - ante thereof; rich shall the acceptance be prized facie evioience of the performance of any provision of this contract; except to the extent of "entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in tke making of such improvement and in the performance of this contract, v, hether done or furnished for him, 'or his agent, assignee, successor or su'bcontrattor; anti the city may rest±rve out of any allowance made on any estimate to favor of the contractor or 1-assigns, or out of -the amount due him or Isis assigns upon thecompletion bf the work, ko much as ma- ctssary to pay all laborers`" r materiai lawn for amounts due there for *a* done or materials used or furnished to be used in the -performance of this contract and the doing of said work, and the county treasurer,`' Acting as city treasurer,• may to -fain money colt`s_�:ted from, property owners assessed for said improvement to pay such debts or *•al the eontraetor sows that they Kaye been paid or satisfied :e An„c -a - "c7 Yr xq r4 9--y an irivy"MM, earth, and asmsed waterw in tM veta %t i rl e W'"JA0it -_A "" the tepa;ring thereof. @ ®i t tt fww,�mt shall be corn-)leted" according to *e to of *k tiff Masp .�= s rse.•yf...�...,.;.. r_dav �f_ _aa<_ :aa:aa:a:::se .s:� ��:` :`.:::�8� i f ti . jot the saxjP shall be extended in wrtti V by tide Board of Fialb a ovkl% �, r �f t s 4411 ph #-xte-elan of time, or any alteration of this contract or of the �€mg.1111er or �lift4. b #[R 4g9 Wgrh in no way siff+sct the duties, obligations or liabilities of the contra00f Of hid 64ris 9 �j r lid fhllf the Vontrsetor shall not P.ssign •this -r-.xt. or sub -let the work or any peat therld 10 h fierolitloor, Withoot this writ:kri co.;s.,nt of the b,.. rd of P..blic Works, th r Agreed tind ptilittla ed that t',a., contractor shall give to residents of said eft a d my SM �h#III j y `ant pf ill labor necessary in the performance of this contract, aid fs lfng to did ter to t i ej the `salt pf tart dt�llars for each failure to observe this stipulati*n. �h f pal ormarito of all the -terms and conditions of .this contract, and things to bo dgna nd e Alsl e6atractor the said city agrees to cause the cost o f doing such" work t0 be asss9ssd, MIA au tractor in the manner fixed by the statute governing the making of � f prow" tot h tj% ,dit401l$ AtId stipulations of this contract, including aH and. singular the, provisions apd g � 1 lt� e tf rations ai:d resolution aforesaid, tlst uudetsigized bincii hlitis if Oi, itself: ussiwgs of such parties. In Testimony Wheteof, We, theforegoing:named parties, hereunto set our hands this 23rd. day of June 1922. THE THITE "CONSTRUCTION CO. CITY OF SOUTH..BEND_ INDIANA BY H. B. DETWF.ILER, Secy. BY L. B._SLAUGHTER Contractor. L. P. HARDY ALB�'RT ' HOXER Its Boar o� Pu ,id Works. C :.,SFIUC MA! •-.. , L-., . _ <3s. That we.... �}"G,..I h- --fie -- t.� of the Cot_. ity of--_ ---- _..-_-Mi1m9.ukee_ , State of___--- ��QQUSIU- --- •...... ns psist^,r- PA1, and r- Q -•arts mi�srz�.sca�c - o post on and State of --------------------- as ,.-- of the County of -- -- "•"""-- sureties, are held. and firmly bound to the City of South Bend, Indiana, in the sum of ....... Txza1V.P__.... ,..,, Hundred thrs_e__and__nn / i nQ __- _ -_ � _ �-� �.� �...Doliars ($ 1233 . for- he payment of which, well and truly to be made, we jointly and severally bind ,j P y el:acutors, adminstrators and assigns, firmly by these presents. - T'he conditions of the obligation are such that if the above named;? .--.....»:. ..... ---- The _White Constructl9.n_._.Co--- ---- f faithfully comply with the fteihd Mitraz,. day of.... l� r, de and enter, into the --------2.3r'-E��-Flc?=: r Y with the City of youth £er_�, ,ndian� any+ shall : , 11 s1 the conditions ati' �tlpilrati0h�s tliereiti efilAined, according to the true intent a.:i me ng, th, eel, in a.I z' , : �s, titer# this obligatiori to be Void, c�ithefv?i'sa to be. and remain in full force and virtue .in law. In the eve. _ the said it s'nll eteriil Elie Elmo iCr the completion of sai&work, such extension shall not in any way release the sureties on this boritl: This shall be a construction 'bond, and the sureties on the same shall not be held fd§pansible f6t the maintenance and- repair of the impro fement after it has o been ccepted er e>i'iclbiti the 8etond stipttlapatt taut real irexrients shall be held responsible for the fait ul compliance w covarsd 13,y or seet out iu the c-oritract. 2,30 '�'�I'i'T1ESS csurhands and seals tbis .23xd«•- .da of...._.....cI17�.G...�..9�.._.. MARYLAND CASUALTY COMPANY THEY A i CONSTRUCTION COMP -y.. . E...f,;----HAbX .......................... ��BA .)........... BY..H....-R.....DETXZI I L) I s orn y in act.. C� . ' )...... -------------_- - � ._�.......... .............(�� ' � � The above bond ,�r�o-Jc i` this -__ 7th. y .._. ay of.......................aIIL�x1;e..X9?2A, x°}......,.. ------------------ L�j. P. HAARDY ................ PUBLIC IMPROVEMMT CNTRACT. This Agreement , Made and entered into this 23rd . d€ay of June lg22 by and bet�reen White Construction Company pf the County of Milwaukee and State of W consin Thereinafter referred to as the Contractor ) and.the City of South Bend, ' in the County of.St. Josephi and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the " City") under and by virtue of an Acyofhte General Assembly of the State of Indiana) entitled " An Act Concerning Municipal. Corporations, approved March 6919059 and all amendatory and supplemental acts there- to: Witnesseth, that the contractor covenants and agrees to con- struct pavement on Virginia Street from Broadway to Indiana Avenue, in the City of South Bend, Indiana at and for the following prices:-' 491 cu. yds of gradI ng per cu. yd............ $.9.0 4 inlets reset each 3.00 2 maholes reset, each 3.00 95 lin. ft. of marginal curb perlin ft. .40 1523 sq. yds. of asphaltic concrete pavement using Mexican Asphalt per sq, y . 2.40 aq4 tO f9florM all. work in the prosecution of said improvement undl r trid zczx­Miig to the tems and „a., d'tlong of Improvement Resoi,r*ion Itio...g ? y �6_----------__. adopted, b tha Br.3re'•, of r tiblicark5..:.Ap x i 1..,,7. ,1922. and Ow pioms, profile a-nd specifca*inns on file in the office of the Departr_lent of Public Works, which said r"aiutioh, plans, profile and specifications are made a part hereof as fully and effectually as if copied and" §#t PlAt he -ruin tat fell lenerth, The contractor further expressly covenants and agrees that in the prosecution of said work all proper sl ill and care ­ 411 be exercised; th"t he ;'1 proa^r' -. nr^ ---d p.o'-(--t all excavations and dangerous places, ATIA ,.%lll u§@ 0,11 due a.r.d prouar precaution to preveri.t inju--y to any person or proner`v; that in the event of any injury or damage resulf!'.7Z from the or resul*.i-g from az,y Tratt-er or thing connected therewith or arlaing the-refrom- , to any persez or property, he 1­11 nay are liq--id.ate the same at his own expense, and as- ®ltnlc tho -liability therefor; and in the event of any ciair•i or claims being made or any action or actions bein hr©uight against the city by reason or on account of or growing out of sn.id work or its construction, the sal p®ntraetor will at his own expense defend the same, and will pay any judgment recovered therein, and will in 411 rcap@ets fully indemnify and save harmless said city, its officers, agents or representatives from all cost, exponae-, payment or judgment recovered m 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,,. thwA >kny judgment rendered against the city- shall be conclusive against the contractor and against the surety ft ka, em'strut4aa hmad, As to the ate:: .: , l Dili y and od! r matters pertaining thereto, And thP; e-OMro.ctof agrees to maintain said improvement and make such repairs as may be necessary €ryi lh" P@f'itd lard ii9 the tfr;atMf its fired key -the specifications, and to secure the maintenance and repair thereof" tO 11lt, with tl3e Board 6f �'U611c Works a bond vilth sufficient surety thereon and in an amount as fixed by the Rpt-Ofi ations, AM in doing such relasir work the contractor and the surety on his guarantee bond shall b,t Afihjou it) the fifte e liability to the city and any odor person for any injury or damage to any perst;n or prop- erfy In the same. manner and to the singe extent as is fixed in the last preceding paragraph covering the con, slruction work, Awe it is further agreed by and bct°weem .said par6eG tint tlse acceptance of the work provided for in thfa r4611tract, or the payrt,t;lit thereof, > hall not ci :,tote a waiver on the part of the city of any of the prov s� i"n$ of this contract, nor shall it relaa;,e sai,� r_- ;tcx or tke sureties ou his bond for the faithful perfortu» ance ther 'of; roar shall the acceptance le pri :ca f_:cie: eaidence of the performance of any provision of this eontraet, except to the extent of entitling file c<x t .c:or to the contract price therefor. The tontract it agroes to pay for all labor and materials used or furnished to be used in the making of stach tmprovettit tit and in the performance of this contract, whether doneor furnished for him, 'or his aggnt, assi,g CO, successor or subcontractor; and the city may reserve out of any allowance made on any estimate In favor of the contractor or 1� t assigns, or out of the atrtoant due him or his assigns upon the comtpletii�n , of the work, so much as may cessary to pay all laboreYs -or wateriQi tuen for amounts due them for work done of ruateriali i sea or furnished to be i -SJj—; a the. performance of this contr act and the doing of said: work, and the county treasurer, acting as city tre: surer,, may retain money cot% fed from property owners assessed for said unpro eiaent %0 pay such d_�? is cr esrf�ii the �trr_�+;r st.ows that they have been id of satiahed t = a' I4'•wtP.":.;a1 1?"t teal, utreeis s>r k-..... of -. ai it cr is re n� ir- ,r ; -f-e t sh ll be c- b,Pt r f'�e r;c.;.� of r_, rfl- r- � ' or,o ed a•^s-,,;.<r� r t - = c Y.':re to~-•F of *=etle a s the ti for tl e '. - of the sa. 'n _lab of a in v �---t-...._......__ _... P'ul�� ------ ':* e hoard of clWorl's, t- d it is a-re,cl a y ,, h -Y+.. ,ors of ti cr �^v alter, on cf tt,is ntract or of the manner or rnp 'A- o� cf doing suich vrork sh-fli �n no way affect the duties, obl;e_-at;o,:s or liabilities -of the contractor or his ti.,.. It is agreed that the contractor shall not .ssign this 44T r�,ct, or sTzb-let the work or any part thereof t be d,ne h;,.e, ; 1rr, wi;h,;..t ti ii >n co:_; rt of the f .:: rd of P;:blic Works. It is furiziet afire. d u d 11 ip 12.`ed tli,t r`,e contractor shall give to residents of said city and crntnty pn ference in the eanplovm, it of . ll labor Necessary in the performance of this contract, and failing to -Im so, Shall forfeit to the city the sarn 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 -bedone and pr t fr�rr e i by said contractor the said city agrees to cause the cost of doing such work to be assessed, -.col- lect �� 1 pa,i€l to said contractor in the manner fixed by the statute governing the making of such improve-. To oz-c_k of the conditions and stipulations of this contract, including all and singular the provisions and . tzr"is of the plans, profile, specifications and resolution aforesaid- the. ,inrinrsl¢nPd h;n,4Q h;mce14 esr ;f..1; 231 `T Ues da y June 2 7th . , 1T-2 . Continued. 3 hands this 2 rd. dui dt sjamr4922io re of, We , the foregoing named parties, hereunto set our CITY OF SOUTH BEND INDIANA. SLAUGHTER THE �IHITE CONSTRUCTION COMPANY BY L. B. SH. B. DETWEILER. Secy. 1. p. harLAUGH I ALBERT F. HONER. Contractor, Its Board. of Public Works . That `ve___.________2' le___ 1 tG ----- F,rUC t, i011 COiTip Xl _ _ --------, state of------------"aiscGl sin----- �,f the C®r , y of-__ Milwaukee t --- -- - - - pl, and _________________ :._hiryl_ nd_- Csulty__Compn;Y__af Bltiimor, Mrland (A Ivir�yland Corporation, and state of - - _...__....... -_..._ ofthe Co" zaty o------------------- - ------ -- --------------- --- - --- � Two Thousandas sureties, are held and firmly bound to the'City of Sos�t£.j Bend, Indiana , in the s:spa of-------------------._ Seventh sv�l � 2*076.00 ), -----ix - --------•- ----------------------------------------------------- for the payment of which, well and truly to be made, we jointly and severally bind c;ttors, adminstrators and assigns, firmly by these presents. Ilse conditions of the obligation are such t12at if th f above- ThC.. ?� tC.»construction ............skail faithfully ccrMpiy with tine foragoing contrw t, r ;,etc and entered into the 2„rd_� _ da of �un!'...1922.# .....--•------•.-- 19........, with the City of South .Ber_u, Indianp and shall 11 al thn conditions and stipulations therein contained, according to the true intent :_d rtiea _ng th _. ecf, in all re -p-ts then this obligation to be void, otherwise to be and remain in f 111 force and virtue: in law. 'In the ever-_ the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties. pn this bond. ties on the same shall not be held responsible for the This shall be a construction bond, and the sure .asintenance and repair of the improvement after it has been accepted by the second party, but such .sureties shall be held responsible for the fait'-{ul compliance with a.l, o.-.:tr co- litio•ns, stipulations and regIiiremertts by or set out in the contract. r ., .,_...; r.nd s . is 1.1is.. 23 "E . »d:sy1922 - 1 1 THE WHITE CONSTRUCTION CF,,L,—J,1 \, Tu Maryland Casualty Company, SnL __. « y----W - �''r'i' e3�kPre1 i--------»_-__ $�` J C ..----- - ----- — " The -abO . e bond ap p c' ed L. B. SLAUTH7-R_ ° —------ ------------- - n PUBLIC IMPR OVE10ENT CONTRACT. This Agreement Made and entered into this.24th. day of June 1922 by and between H. N. Barnes and Hartford Accident and Indemnity Company of the County of St,. Joseph and State of Inai€�n (hereinafter referred to as the b Coontdracto and the City of South Bend, in..the..Coun�ty of St* Joseph, %nd State of Indiana,, by and through its -Board of Public Works, (hereinafter referred to as the 11 Citentitled " under Act by virtue of an Act of the General Aspproved T aof rch 6,1905,te �anddall amendatory and Concrnin Municipal Corporations, " approved suplemental acts thereto:-- Witnesseth, that the contractor coveliants and agrees to construct pavement on, South Michigan Street from Donmoyer Avenue to the City Limits, in the City of South Bend, Indiana at and for the following prices:- i148 cu. yds. of grading per cu. yd. $.80 14 inlets, reset each. 2..00 16 inlets complete each 7A00 4 manholes complete each 17.00 50 lin. ft, of manholes per lin ft. 7.00 7 manholes reset, each 2.00 650 lin. ft. of 8" Vitf, pipe per lin ft, 1.00 7000 sq. yds. of concrete per sq. yd. 2.30 i rover t o e s a.. can :_:i to perioim all �-or!: to the prosec��t�cn of said imp 9 . � t tile terms -. • ionic orks__.ApL^il�f, .1 2 L d:~lens of Improverrert RPsclntion I\ o.-___9�l_--___--- - adopted c t and the plans, profile and specifica.tior;s on file in the office of tl,e Depa: , of rublic dos if copied said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set cut herein at full lerZth. The contractor further expressly covenants and agrees that ion the it excavations ofand dangerous places, drill and care i'1 be exercised; thst he 1 ,_over:., v t poj and �« iil use a.il due and prooPr precantion to Dreg nt in>» v *� ,y person or p-o rty; that id the event o any injury or damage resin*;. g from the «ar'_c or result fr,)ni a~y matter or thing connected therewith or arising therefrom, to any person or property, he yr 11 pay a,,-i lic- id -ate the sme at his own expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any action or actions being brotlght against the city by reason or on account of or growing out of s�.id work or its construction, the said contractor ill ati his own ifexpense save dfend the harmless said c ty, its-willoffic offiav ce =t recoveredertherein, ves tfrom all, cost, all respects y Yt'on or actions. expense, payment or judgment xaccvered m connection with such the city shall notify the ccontractor ofthependency thereof,. within ten days after any such_ acts - is begun, then any judges ent Yc�ide ' �' jn ii-u 7t> sl al be conclusive against the contractor and against the surety tin his as t ' thv ax:3: sY9 , ,': .try and, c th. z tna,tttr. s perta,ilaiAzg tlaeretoo 232 ?tfl f ai, t.g lQ Xriit la r) 7 ;,_( i a:,u ui.e such repairs as r_aay be necessary foe 044 b6fi( fl and brji iam� fi-n,"fltl rid h7cd by the S1?rr f Ca aC, 2Ss a.id to ssct re t11e mainte aaaace and rNpair thereof 4r, il, W0-4 t'rr. f rv'yf! of Pir%1 - V-1, r• c :. bl_farl I",h silFacic, t surety thereon and in an amount as faxed bathe 1 kf;;lf�, btf.lflilYr �� A 3 i d-ling �> rl�4i ! Fd 1; .'I;r k the C4atracl-or and the surety on his guarantee bond shall b,: Ip € t,� t i t, 1 hf It zlt li -Y to ti, t+°y I�-4 r rho, hcrseia for any injury or damage to any per5�an or prop- F1:� tlt tho ,.iitjt- P-14 „rat tttld to thy- tams , *d-;x.. ,; . is fixed iia the last preceding paragraph covering the cen,- AI-A it it ftwhor 0R't,R;!d by and part ie, t*it the acceptance of the work provided for in tlis trl'1 1riY{, F'3f• tli 1-Fitt:tr..13f fht'p'c=nl sri;,kf not CC a waiver on tSe"kart of the city of iLriy of the provis- #� t{ ftl 1lait Y(34xti lt, its �lxlll ;I „1 sett r - ter or the surFtics on his bond for the farllafttl lrtYfr,t^+a- Aari,t thf I Cif , TIor 61901 hr x e ,_c'q')( iCic" be t,r vv ti.. f..�i`: eridence of the performa. nCe. of any pr yi,",ion of this Pil,,ts!ae t) e,--xreflt t tl'l r; tel; t; A a:.ni1 it11Ii_9Y• thL, ce,ntfa_:tor to the contract price therefor. . `T'hO CiWi t ziiIof, Ai"'t ever. to pay for ail labor ami ivaterials used or furnished to be used in the making of gi h 1mpto r w, .-A awl i"I tltc. P-Ijrfornnuice of this c: ltract, whether done or furnished for him, or his agent, AlAifo loo; buu,, sror ov and the City runty reserve out of any allowance made on aay 'esti tatf l� i�vc of t'ho rvr l�a AAt, tt�i Or 1 ;,, assigns, or out of the aa.tuunt due him or his assigns upon the complctiuv 01 t�o ''tot t , sti muvt %8 in-,, ec.5sary to pay ail labcre,�s .or matcrial 1nen for a1`2f ',.nt, duu the'in fox' �t o* '14)tly of #t it l' d R n3 t} �l xtii3° fished to bz us(A' ki the-perfcr.<iarice of [l�j co !"k, t and t,14ae doing :jf O-AW Nwo.kf And tba) t ollvat 1 "c' >s�I4 , acting -as city i s� :f r,- i�t� rex9i°1 YaInf-y .G � s fi A�t1.11 p%,,iperty owft�t$ @m%t sr� for Wtiii agate;p�':,�c�t to ���� s C a � ' .. � ,+r,.r l Alf ca � is z, '!,-t 4A ao-.,�5 to ref C � 9111 rul)'Dish, earth, arid rzii'+:sed . i`Fw3 atiee% nC >.?ni -the completion of the imp*o r fn-;it or the repairing thereof. 1 heh work of making sucit imor ver er_ before tl t ,... t shall be col :meted according to die tc.�. " C-f i o: itratt c::•_a r r ---------------------------------- day of , 19......... , uriicss the tizr�p for the comp lt;�an of the sar shall _ll b' extended in writi7g by tie Board of Public Works. And it is agreed that any such o.; ten pion of time, or any alteration of this contract or of the i�la, ner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his s,alre- ti��s. It is agreed that the contractor shall not ^.ssign th,s t ,' -act, or sub -let the work or any part thereof to t;c done hereimder`vvirho t A.},,, t rt =n r,o_ t of ?, 1•.;.rd'of P,,btic Works. It is further agreed and sti ):,1^`trl t? ^ r� contractor h,il s;< lJi #arerir.e in the em loy r i or s.__., g e to residents of said city and p nt of ' •l labor ,roc ;sary in the performance of this contract, and faifing to 4o so, shall forfeit to the city the s:I:n of ten dol'_ars for each fair -ire to observe this stipulation. And upon the performance of ail the terris and coal'}' r uons of this con tract, and things to be done and pc.rl,A:` i by said contractor the said city agn-es to caa�se the cost cf doing such work to be assessed, col- let tee! i.l ; 2i l to said contractor in the manner fixed by the statute governing the making of such iiiaprov€,- a= > I'" uil of t.l.c (n l,`ion3 and ti ul: r:ons of this co:-itract, inclu,'inv, all and singular the, provisions and 3, 1 -"w plans, pio`�1c, Spocif ca �.ns and r-co cation Si OT„3�id, th, bt2 b7 ).rlp,, 11!7'7.SP.l"f (3A• it�Hl.; :%!'.),t4ecewe successor or , ss g:.;s of such arties. In Testimony Whereof, ale, the foregoing named parties, here--- u.n�t,o set our hands this 21st. day of June 1922, CITY OF SOUTH BEND INDIANA. HARRY N. BARNES, BY L. B. SLAUT-HER Contractor. L. P. HARDY ALBERT F. HONER* . Its Board of Public Works. . a U. _: = t_ ._ 's, That we--------T r.f the Cc. Ay of----- ------- ...... TOseph ----- ----- sta.t s�._. Tnd i� na 1, aiad Hartford Accident and Inc�emn1ty 7ompany of tb c y_............. - - and �3 surc`..iLs, are held and firmlyf>, of.__.__. .__..-.._....-...., - -.~............. ------State.....= ��. lal'!� bond to p of Bend, I..d'3 , in tP.ke s:; i a the City, t : - h?ine thousand nine hundred,and six ------ - ~- _.___------------------------------------------- J, 11_ (, 9 906 • �, { � e p J of �v iich w�ll an�i tr 1y bA .. ;,.-_...____._ _d _.. ._ liitstrvLo(S and assigns, `r..ly } t3.d,_, 3f:, = +1� a, s : T 3' cf t' e obT: )y cs' P s. t a`are s :::h f :t i£ .E 'i -'rf x_ :d._..-.... _..,.. H r.Z'�L I�.._•BLx21---------------------- -------- fau.- i.i.y c� =��Y traca ti:ie f� c and entered into t'ne - - ����t - of ---- .jilll __ 1.92...2 , 1p day C __ _ -1ith the City of SoTrt�i bore',, indiana and shnli 11 air the cond'tiors and stipulations 11 er .in : ontaine , c;,uid.in� to the true in-ent a -)I.`-- th=reef, in a'1 re 2r-'-s t +: - - n th s obligation ion to be void, other�vis, _o be and r%iarn in f',:11 force a..d.vir u3 ; 1avv. In t':e eve. the said City sha.1.1 extend the time for -thi► �oynpletion of said work, si-1ch e-tcnsion'shall not in any v✓ay relea.ase the sor ties on this bond. a This shall be a. constn_ct;on bond, and the suie'ies on the srae shall not be held responsible for tl ?: intenane( and repair of the innl o,... ,tn at¢..r it has been a ctcd h the second a r t ,�11 be heir respo},si le a f , l „ A� P , Y party, but such stt Ls b for th f-ifi� cal co �..� .. t-sit_a -all c ,_r cam. _ ss.;__�.r,I';C-':? and Q s Y. 21st. _v f._. JltT922 _ - HARTEORDACCIDENT i; TNDF�11rir.TT�TXi COMPANY --- BY -i ; J-;-- LEDERER-Atty............ 3. fete iu"fx". - - - B,-�UGHTER T. P. HARDY T FHONER. 233 Tue�esd.ay June 27th., 1922. Continued. PUBLIC IMPROVEIr,IENT CONTRACT t . This A reem nt Ma►de and a tered into this 21st day of June 1 22. by and. between H. N.. B€trne§ aned thw Hart Accident and Indemnity Cou ny of t, e County of S, Joseph and State of Indiana (hereinafter referred to, as*the Contractor) and the City of South Bend, in the County of St. Soseph and State of Indians., by and tArough its Board of Public Works, (hereinafter referred to �s the " City")k under and by virtue of an Act of the General Assembly of the State of Indiana , 'ent tiee? An Act Concerning Municipal Corporations, approved March 6,1905, and all amendatory and supplemental acts thereto: Witnesseth that the contractor covenant'sand agrees to construct Pavement on the alley between Por. age Avenue and Ashland,Avenue from Rex Street to Portage Avenue, in the City of South Bend, Indiana at and for the following prices:- 146 cu. yds. of grading per cu. yd. 't.80 420 sq . yds. of concrete pavement per sq. yd.. 2.00 f aiYc to perform all cvisrk in the prosecution of said improvement under a,nd according ia the terms and con- 4 ril 4 1922. ditlans �f �m�t:®vet:rept �esolittion lvo....-..�6�...--_--, adopted:.by the board of .Public W®r>�s..: p...............�- P,nd the plan,i, prole and specifica*ions on file ,-i the office of the Depa: tment of Public Works, which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and oet out he -rein at full length. he contract®r further expressly covenants and agrees that in the prosecution of saih" work all proper skill and care °i'l bt ext rcisea; th--.t he "t -op�~'v a.r d p o`^ct all excavations and dangerous places, and. 01 use all due Ord p �per pree3+atton to or�v _t injury to ny person or pronerty; that in the event Qf any injury y or dat t2.ge rest,'` + g free r the I„ or �.it g fr,)n-t y -- 4ter or thing connected'therewitfi or rYs ttg therefr0m, to any perae-i or property, he it na.y a.! lip .idate the saSxYe at his own expense, and as- - the liability therefor; acid in the event of any clairl or clairis being made or any action or actions being i re;tghf aga;n.st the city by reason or on account of or growing out of_ ­.id work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects folly indemnify and save harmless said city, its officers, agents or representatives,frotu all cost, expense, payment or judgment recovered in connection with such claim or claims, actiop or actions. And if within ten days after any such action is begun, the city shall noti€y. the contractor of the pendency thereof, tbt a any judgment rendered against the city shall be conclusive against the contractor and against the surety ,on h1a 4*14struetioa-.:bcmd, as to tb- anva at, liabili y and other matters pertaining thereto, 1nd the, covtr'actr,r ag-eca;s to maintain said improvement and make such repairs as may be necessary for wt�e pt t° t d and in tllr> „i +a:�nc.t as fiy: d lr� tl:e sr�cifications, and to secure the maintenance and repair thereof (,z' lik, with f)G ilourcl of ;f'1a1:t.' "?J k:.:. b r:d vilth sufficicnt_surety thereon and in an amount as fixed b3� the ;lFr,ifi Fat; ctrl ,. l}.tY i in doing�.�ctr. ; air wcrl,_ the ccntr�ctcyr and the surety on his guarantee bond shall be t+t tlat;" ,ai xe liability to tY:.. tty and any r o4h ­ pus( a for any injury or damage to any person or pmp- cr t:y ja tho, s,anre. manner and to ttie st+m. Ys fig-ed in the last preceding paragtaph'covering the con- stl,cYic7t work, , J=14d it 1 further agr",d. by and betty,-trn >.iJ pai t-:.em r.' at the acceptance of the work provided fot in tlsiss, :,rttact, ar tlx NayI17ei1t tl?ercof, =hall. not � - a waiver on the part of the city of any of the prov*s= xc-1ns of I,hIF ccal c:r., nor shall it rri'r5 said Trs or the sureties oYa his bond for the faithful perforni�- anc e tht=:r ;of ; nor shall the accel,`i nee b-, �--ridt-ice of the performance of any provision of this v;rmt.(' .lGi., t xC,.pt to tho El:'tCI;t Ji e:ttltl� , t3L C i _:tOr to the contract price therefor. ` hl �vni.t.-..Lo.r agr:tes to pay for all labor aa>d �ivst ,rials used or furnished to be used in the making of such and in the p;rfor4n lscce of this c -,ct; whether clone or furnished for him, or his agent, ass_gnee s"uccrssor or su conrractdr ; and the city :_y a es ve cat of any allo dvance a on any estil€r�at� n fAvo;r of the contractor or'-^- assigns, or out of tlic ziin;>unt due him or his assigns upon the completion of the work, so r!` ich as, ina," cessary.to pay all '• `cress .or ma,tcrcai wen for am o: nti duc them for .done or mg.iturials used or _urni5hed to be of 0-115 c �l+zact 1and the drying of said work, and the C.L unty trcasu> eT, acting As City _.""r, rn .a re121ri r .:ice j � � t d fzOiII property 0\1Y € rS aSSt SStd for 5' 9i� lrsapz : % :rq;:..t >`: qu;y _'. ;� ._,3F ^e_ n _ r.,;" .� e: `-.t Vt.-;y k�_yq 63 :-,-A ems. 4*. Prod t;r':t$c,'uf E t�"'ta.l k:sfztc street? If*t;o14 of fh�.,t or tvite repairing t{ttirec#. Thf—, work of tr;640r�g be corapieted according to t�:e Vhm Ct--;:Rr-At .t t, 19 0 , t lit4` day of _ t 6 flfw, for tltts r.r�rr,�lr2t+�*� of the saz ., shall. be exten(if!d in writing by fhe Board of PulsXc Works, Aud 11 iti t pp bad tho:l any Nvteh t'*A!, �"i''`ion of tir ,', or any alteration of this conntract or of the manner or incth- " of dolog sltt_ft wtok shall in no way affect the duties, obligations or liabilities of the contractor or his Toro ft In tf lood titM tiro nt=ntrtir for yhull not -.ssign this r,.7 r-.ct, or sub -let the work or any part thereof to i'll +lt;-A Nl t�rtttr f, Mthort tht .Jett ,on ce , -,.nt of tht i- _,,._rd of Pr:hlie Works. It 111 iklt'thilf s;g'i0trd 919A stiltul ,d it'At t.it! contractor shall give to residents of said city arid. rflunty , 0,,f ftu. , l!1 thtl igrttliltlyffitnt of all labor necessary in the performance of this contract, and fail ng to *'#o s0, lot fc.i-t tit tilt+ eitt the shirt cif ton dollars for each failure to observe this stipulation, l Atli tiVA, tho Vet _ortttancti of all the terms and conditions of this contract, and things to be done and 1114 Mitt the said city agrees to cause the cost of doing such work to be assessed, col- sii3 t?te; tlln Yer fixed by the statute governing the rnakiiag of such improve-. . ttrubtons of this c ritract, including all and singular the, provisions and ' �' t4.ti tt� ptls, tti�ti aK�� fit ttt� s _ 1;_i.` a-d resclatiorof -said, thi its-lf, IN TESTIMONY WHEREOF, WE, the foregoing named parties, hereunto set our hands this 21st. day of June 1922. CITY OF SOUTH BEND, INDIANA. L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER, Its Board of Public Works. H RY N. BARNRES Contractor. 234 d. T -at we- - I ------ ,N. Barnes t..,._t_,._ . jo eph, - - State of ..:.___..._I.ndi,an�.. ....... H X!tf4x A _ �dcnt�r_-_an Ind�mnit,�.:_.Comp�n�r atatr> of____ a pvc lilg1d and frrill. ? ` to " L.. s`;u c q . 1, '! � Four hundred seventv fv,,47V of rvh ch, 01a- i'.L' A k .ly t..ip.�00 _ r i� �......._. X*....Barre.s-............... --------------------------------s1vall faithfully comply with the foregoing coukoat, made ang entered into the -• - 21 s 1, . June' 22. - 1a of - --•- with the City°of South p n,' tr,dianp oind sh 11 f,.1.11 aYth- tondi`ions and stipulations therein contained. according to the true -if Cent 'n-1 me flab th of, in all le i:; cts, then this obligation to be void, otherwise to be:arid remain in fall force and virtu.- in law. In the eve; . +.he said Ci y shall'extend the time for thf. completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction fond, and the surfe f.ies on the same shall not be held responsible for the r£isintena,nce and repair of the improvement after it has been accepted by the second party; but such sureties shall.:be.held responsible for the fait'-ful co iplianct. with all other co ,-'ition.s, stipulations and requirei�ae t cover ea Ly or set out in, the contract. ;.,,1.,..�.. .. _..4 ._.. - June. 1q22 •_ _ Hartford Acci_ce.nt and Indemn,�ty, a ./ : C m an lI rry N. Bt-rnes T By H. J, �ee'r r, Arty. .- -Jun 1922 HARDY PUBLIC IMPR OVEI+T?NT CONTRACT. T s AM d n e er d i t his is day of June 1922 by and between H. �, B ��ggmenA anA 'r"jAr� �cc��e�i an �z emni�y �Mal�yhof -t e County of. St, Joseph. an• Late of afn i�lna Herein- er referre � R " 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 gnd b' virtue of an Act of the General Assembly of the State of Indiana entitled An Act Concerning ?runic ipa, Corporations, " approved .March 691905) and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct grade, curb and walk on Taylor Street from Indiana Avenue to -the T. H. & L. P. R. R. in the City of South Bend, Indiana at and for the following prices:- 786 lin. ft. curbing per lin ft. $00 418 cu, yds of grading per cu. yd. .90 2670 sq. ft. of cement walk per sq. ft.. .14 -,;ij to Pet'itot-M all t 0fk iti the prm"p-cof ion of said im otement u -'er a�thI1L•ioe ter,. w, tj try Of 2icy.....95— ---- - --- adopted by a`le w. �' c f f'ut+lic ��Varl�a.-anApr 114 � 1922. sri t l PhtfiM, Prb�f jet 10-4 gpeti c�,t;nns on file ;1 the office of thg Depa: u-nnrit Of Public Werra, whleh said roAN avd specifications are made a part -hereof as fully and effectually as if eopkd and sit Ouf h@M41 at till ltquth, Th@ Mntt'detdr further expressly covenants and agrees that in the prosecution of said work all proper 611i Uld eftte v 4% be exorrnr,` J; th:4, he .,;!l p7operly all exravations and dangerous place tld w111 nee W1 due alto Vro7 r precaution to prnveit inji,-y +o any person or pron9rty; that in the @velrt 4 it-Ijtfry Or t44inie. `e festA10, ;g from the or resulti— from anv matter or thin connected therewith or tii1-tbi thtratiitn, to any person or property, he v i11 pay an li idate the same at his awn expense, and as= lfn1 4 the liability therefor; and in the event of any ciair.: or claims being made or any action or actions being hfMftht a9aln®t the city by reason or on account of or growing out of s!iid work or its construction, the sai€1 hlt® will at his own expense defend the same, and will pay any judgment recovered therein, acid will In t� hil PUtA fully indemnify and save harmless said city, its officers, agents or representatives from all cost CA Eh80, ph anent or judgment recovered in connection with such claim or claims, action or actions, And it f hfh l e ayu after auk' such action is begun, the city shall notify the contractor of the pendency thereof, W%NhtAy jttd kAont Nanzdea'ea against the city shall be conclusive against the contractor and agaiuut: iho surety "iAtriaiati t ),0 -�s t-o the am t, IIAOilw and oth*r utatters pertaining thereto, i Ft x i a to si'lr ,yuch repa:rs as '-^sy bl.`nectSS al r:,l"'s; ,c.. „ awl to secure the 1'naint....,ance and repair t'hei i%1 and in an at^:nt S {%xrd byi '. 71 1 jet ,t y , 9 tl' ( 1" ;� 7" and the sl cty �n Ei f .... ntt, bond shall 1 ' 1 It€. ',j f 11 it!1,: i P ) r f� :•: jp ra fOr any injury or daniag;e to ar,y pars+:m or pr ), a 1. tl.'..t iA tl e 1-.5t 1}C�Lcding pmagraph covering the CMi ,►;. a t4af tie l.l.Cc; of the workprOV;?l�'d for inE;i`tia . t t i�- i ,, t_ tat d =s t -. is llt't� .. +P .:, a 'M.lIuPr O.c t*' r?rt ^f t?le C"ty of f i'1-k-". i ar t 4e c�u re` 011 It is S.on 6 f or ..;� , i rt 1.1 of th perfG, ,=.d, Ce of a`1.ii-y prcyP,;A ft'uf. i_rx :i - c `'i 1 t4' ', : c to the contract price th:cefor. # ? L i; l I( e :+`#it', :?``"1''. iS li5�d i)i fta.2_?sla- d, t) be utt-ct iXi "i-sa,�itt�r o }? ii ..:tit, `@'lletli P..r done Or f3'A 1.-J1?rlfor him,)r Xt'i,t aF t{,. Fr>q t4Cc s f t T' s "st*\'f"out of '=ny aflo B{ adt on wq �itl!?!•#:��; S17 ta- V-ot' f t.l o-nf i tie ' C P' � �& Y �; C� t .;it i ° t,a ; x ?iii9t d 1 iiPi Or 13 5: ' upon t a' of the work, so ll ks i _ay "et kt at C to pub' nti or material Ine`7 for i,i d p, th,-,al far b u4i� d Q3 #d�3. to bid _ s t t tl t, p+erflers—aarlce cf t �s C _t v`',: d 01-n t 4f'mg ; Said 'Nook, apiq the cougly t-� 1�11.��Y, at I- g �.,s 'City �Ye � Yr, Iiz E�' retain y -z> A filom prfjt3Prt y VJiae #� cis av�it#{ i11 � E x ? ` L. t are fs t � i ti °tv, , - ` �' Ct , a t0 T2y - -a • - .. ti w yrtr t i. C'� Cr pYetlrali Of {hSAY-pi t ! �!' ;:;b tit +1I }b �'��isij it lit ,�i E Y y `' _ 1 t ti l.'l ii Ilk f• �.�i �iC'�'. '3 �'+, '� < c f � 1, t - n .. , J,%_,. clav of is iPiq � . h7 t3hc !o id of t blic i ilY �iir. r �.,txr ri fif 1'�ti 5 i5�is.b�, c "< ;,� tS�, Vir �i.. } tt t i, i - r t1 i , �rtract Or of t�1e) i T' Cr r t Fl �, OT, nLnv of . t i1,iaP1 .�i. �: s� ,c}� art, `ntiol',s or { abilities of the cc�m_'aci+-r i+. � " t:,:•. I l.y}• flt, f' tot, �LjttI tot ",b5ign this =-:a «7tt, or St7h_lPt the work Dr any part tliPr?Df to I1'il l+ t r} ; l! . ! Ot 'lf the I, t-d F P ^li.c Works. c ` ntr t�? =r sh t 1 a s'te to residents dents of said city 2r El n c f 1 '!t 1jl !111 1, 1= r u l'S t}''� j)trfar?•tlan Ce Of this CDntra Ct, a nd fSllxi"!€r tt,.' = so, t . l,. f 1.li, i�i,, ctt' fl , Lii taF t i t ittLrJ flyr t:11 fail+ -ire to C;JSCrVe this stipulation. t'l^o t S ri and conditions Of this contract, and things to be done and e t ,,,:`.fCl .E., t'{' tkl3,1 city 1 Y+'c^.S t) Cal±se t11e cost of doing SiiCh `F/Ork to be assessed, Cal- { , .., a x' c d b the Statute governing the xrakiu_ of �l�eh ixn�rov�,. (.��-)Y' ,l �l �Gf1C'. 'v"1_'i1 ,3s3' ai..C,' 1l r e r 5io s any k ? t'�35 cnntract, irsCluzji g a and s=-igia'a. the p Dn " n . , \, a -tt i.f S 3C3x v\, �•-ri.nS, x IN TESTIMONY WHEREOF, We, the foreL7oing named parties, hereunto set hur hands this 21st. day of June 192S2. N. BARNES gITY OF SOUTH BEND I INDIANA. Contractor. BY L. B. SLAUGHTER L. P. HARDYQ P''RTdFBfHP1,a� ?Prrs, q, ' It T vice s a.,,3�. �i si4. xtl &..�✓;v g �'3 t bqi $a_ >: p e ::z is. That ��_.._....L•.----•_..DT-....}3 �� ra =ri 6Li,._ €J =l p c' tliit Of....... �-- "�h" _ W.__ - -. s94te of----- af thQ CQ Y r"__� ._ ..... 1► and .. .. ..wT�SC.}i............. -------and State of------- - =-- of the catifity -•• Indiana, in �e sum to gur@tlea, are hold and firmly bound to the City of South Bend, Dollar ( 492.00 }• ,hunc+ed,, l , lz t to be mid we losnily and severally bin, o CS c ' t'� y eut of wl icb, well r+d t y �- ,z i7'.•ty by 5 - �r „ 'iit111K of the -- ...................Harm- N-r---B€�rri�i�------- ----- - -- --...... uy 22 h ' 2�9#r of ��'uo,s ",. ie,,ljy?co ain i, Aa entered into the _ ) ' with the City ci 5cut; r ' , a'i r �, rd S c :'^' gz.tion to be vol ' n'l�ax ti . "eof, i 1 y 'Lli extend the trine fal- according to the true inLent b he eve., - - sa �r tww• In t` es on this bold. to be and remain in f- ll force and r, In release t - vteT: JOil si--'l not in any ti y , n P held YC5 onsible for th coYnpletion of said work, such Ps on the sar^.e sh __ z b p be a construction b nd, a..d the su c =- r , .d part'J buts i F 1 This shall vet_sent 2t r it has b en acc p cd io `i_e s rn&interance and repair of the imp: 5 { _ Q v,ith ?l, 0—tr shall be held responsible for the fa{ ul Ca sir- - "c CS J i 3j or set Opt in e CQSStiwCt. 2,1s t , . At , ; June---.1922 .- Hartford Accident & IndemWy,,�omPanyHARRY r7. �3ARNES B H... J*-Led6-rer, s June 1922 ,i _. L. -B. , _ _SLAiiC HTR._- ......:........_..,,_....�.,., .� PUBLIC IMPROVEMENT CONTRACT. This Agreement ade and entered into this 21st. day of June 1922 and Hartford Accident and Indemnity COMP any ta,ndithe�City of South Joseph and tBend, ate f in the Indiana (hereinafter referred to as the Contractor"),and throe h its Board of Public Works, County of St. Joseph and State of Indiana Iander and by virtue of a�n Act of the General t, (hereinafter referred to as the City"), Assembly of the Stste of Indi€�na�entitle " As Act Concerningtal Municipal nicipos�Corpor�tions, R,pproved March 6,1905, and all a T�' Wtinesseth, ghat the Contractor covenants .and agrees ct,osSouth uct endeofnCottage t on eGrove yAvesnue, inbetween ethe rCity Cobb's Sub -Division from Colfax A venuea prices*.- of South Bend, Indians. at and for the following p $1.00 202 cu. yds. of grading -per cu. yd. 2,00 g�� sq, yds. of concrete pavament per sq. yd. 'j-'d to ptirforal all work in tile to o . Rsol . ..... ­ . .............. adopted by -z1hc alid the plans, pt offle 7r-11, spflratiors rin filf! tt, o!rWe of thn' of i-,? - lefsolution, plan S, profile and specifil-'alions are made a part hereof 'as'k fully and sot ciat h,�rein at llcl�,Irth. if P(TkA nI0 he cont-actor further (-7p-0srtY col­'.'r+ants rftl� ar-s in the f safe? V-004, III plopol 1 ill ai care th,�' h( . ..... I - Ialle:a, aIioos and da-ugerous places, Tld use z"I d'?­ v-1 tn ; -,, ;I - - - , - , - . 11­�r - - 1, v person ez 11-�r�%, ,­v;3 any inj 1, ry or n- •'J"r-r or th-M- ot, arising therefrom, to any pei-F-1 or t)-Op-v,,,v fl- �- 8- ­ie at his own expense, and as- "U'rile 'he liability they -for; atA in tl�e eve it of 'i-Y 1�1-3.'M or cl,-inns bYing made or any action or actions bein ba-oi.ight aga�nst the city by reason or on accoujA of or growing cut of ­.'d i-.fork or its construction, the sai�. ontractor will at his o�vn expense defend the same, and vii'llpay any -judgment recovered therein, and will in �ll r��,sPects fully indemnify and save harmless said city, its oF�cers, agents or representatives frorn all Cost payment or judgment rocovcred in connection with such claim or claims', action or actions. itffii-ri t,�t I And if 'a days after anTsuc-11, actiorn is begun, the city shall notify the contractor of the pendency thereof, )1A 1­-, A be conclusive against the contrai� -tor aria ag ainst the suv-�n­ t, an 'd o�`h,5r ai. 6, n rcpcurs as rz-,ay nuas esary tot and repair thcrao� 'XI 'd to z-ec-are the 1 a�'n' ety s"- 41��,I �3;1- tlik­­,oaand In ap 1 3 io, 1)", 1 it --s fixed by Vho 4,1' the sti,tti, tet> hond sha'11 b­� Ttjj -111-r JAIJ;ur� or darnar ,1 to any prson or Last -;jc ng the cn�-I­ pt­ -ding.pAr-1,graph cc rit K 4 f, of lvork for in dm­��, i t o"A of the City r,1 aay J. ("j 31it S1­1Jki MI t 2 Or ill!Y W7 t price J,.. ¢ } � Y fl t 0 't­br- r d or t Or c ")r a,-td tiie V 3' cs`t' 'A Jnt 11;'p t In iA 7'i, NXI X � is,A 7*t j j L 3+ C, li Of the in -in, ;t c (ft of rrc;Ari - I P ,, � `V t . . ..... ..... ....... ............. ----- ------- day o t: 's - t 1, '7 ------------ 1 C, f "I e F, a sh' , e e)e t -, n y tl; soat of J'F, 1.i <-- �N'-- (I t t �d + Cr"aTly :11teT -0-ract or of the o i i 1,.,y h vZ�)-.A,. t) of t1lis c- f in rio v..,ay alfcct t, e duties, ob1�1--.ntii-l-s or I Hah�'-tes of the hiF -tor. ,haft Pot ign this ract- or stab -let the - -,,� of the work otr an- -part tj-kO�T--Cl VV o r s. kf o residents of said city arA of �it lab.r m T) r or ma e of this contract, a, d fa"i the s, m o �.-2 a; i obscrvc tl-,;s 5�;p,AaF, Ly r S 0 f Is c-nif-r-ct, aml tr. ings to L,,z donfc �tk D doing s:-ich -.'cork to be as sesstd, co, ­U Lhe of 31-icli 1. �21 A J 7" ­3 an In Testimony Whereof, Vie, the foregoing named parties, hereunto set our hands this 21st. day of June 1922. 1 . CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES BY L. B. SLAUGHTER Contractor. L. P. HARDY ALBERT F. HONEM Its Board of Public Works. T! -.t --------- ---- He-r-ry­B Barnes Barnes ---------- till C(-, .-."y of_._._ ------------- - KS ---t - - ----- 199!0-Ph -------------- -,state of ............ . Indian ------------------- -- - -------- of C-1- Cm-,rity StateInd lane a"" SUl. CA"es, are held and firmly bound to the city, j Sctitk Bead, InJinna, in th-e SUM -I ,.;Ljje-_bq&(Ared seven' ht -------------- - 0978 .00 Payment of which, well and and truly to be made, we jointly and sever;-Ily bind oa--j---1-v1--;0 G-,.-- 1�­- J, ..clors, admingtrators and assigns, firmly by these presents. TI-,e cend1tio" of the obligation are such that if the above named ---------­---------- ---------------------­ �:,VG r1 Lei'to �* A --- -------- June, 19:�2 C --------- ­- ­ anj in- to t., true In h --�of, to be vo�% c-­­r­� -1 crnai n ---!I fo --d ;n lavi. -t-c-ni the tL�ie fo-- b�, aid r- M f rcc an C� In the eve­ nplet-ion of saild vork, such nDt in any way rc-!--�as-- V!�- U-n V-1s bo-ad'.. This shall be a CD-13t-11--.C-110.1 and tric su-�eties o,, the n�,� b� heM. rtl�%pc7,��7ti.!z 1�-,. ,l C , bc� ,,, �,� '11, pa-rt, i0e.iote,iance and repair of the imp'.-, a-tey' it has accc-ptc,l 1— 41 - Lat S be held responsible for the fa.. _tut co with Jihr 0�`� PEaz.c�- 9 .ray W sat Mt ix An a0za-u--act. PUBLIC IMPROVEW, _NT'CONTRACT. THIS AGREEMENT amde and en-teraid into this 27th. day of June 1922 amdx by and betwen Wm. H. Burke of the County of St. Joseph and Sate of Indiana, (hereinafter referred to as the "> Contractor"), and the City of SoiAth Bend, in the County, of St. Joseph and State of Indiana, by and through its Board of -Public Works, (hereinafter referred to as the " Cityy" 0 Tinder and by virtue of an Act of the Gene ral Assembly of the State of Indiana entitled, " An Act Concerning Municipal Corporations, approved March btl9059 and all amendatory and su)plemental acts thereto:-- Witnesseth, that the contractor coenants and Agrees to construct wad ter connections on Sycamore Street from Colfax Avenue to La& Salle Avenue, in the City of South Bend, Indianaat and for the following prices: - inch taps each. 037.00 2-w4 --inch taps on short side, each. 26.00 and to perform all work in -the prosecution of said improvement under and according to the terms &J4 "Ill- ditiotas of Improvement Resolrition No. .__:g8$-------------- adopted by the Board of Public Works..... A4Y...0, 1922. AnLd the plans, profile and specifications on file in the office of the Depa-tment of Public Works, wbich said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full lerbth. , The contractor further expressly covenants and agrees that in the prosecution of said work all proper shill and care i ri_'1 be eY,erilSti l ; tl 2t he -t all exr_avations and dangerous places, and will use all due and prover pre a i*ion to Dr 'v t intti.y y person or p ^� rty; that in the evont. o 81 injury or damage re3ul1 •.g fro"I t1he vr-)or r 5 + '� fYnr, -v � t+er or thing corr..ec*.ed thert:wi'li or arising therefrom, to any pers-n or property, h tl n.av ar lic tde th same at his own expense, and as- atQiime the liability therefor; and in the event of any clam or claims berg made or any action or actions being brought against the city by reason or on account of or growing out of E,.d vrork or its construction, the said contractor will at his own expense defend the same, and vrtil 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, r.xpense, payment or judgment recovered in connection with such claim or -claims, action or actions. And f within ten days after any such action is begun, the city shall notify. the contractor of the pendency thereof, than any judgment rendered against the city shall be conclusive against the contractor and against the surety ow hit "nstruction bo", as to th- amount, liability and other platters pertaining thereto. And the coenfactor agrees to maintain said improvement and make such. -repairs as may be necessary fo, the period and in the m4nner as fixed by the sa-cifications, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the sppeifteations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any ii juryor damage to any person or prop- erty in the same manner and to the same extent a-s is fixed in the last preceding paragraph covering the con• struction worm. hod it is further agreed by and between said parts tkat the acceptance of the work provided for in this contract, of: the payment thereof, shall not consritute a waiver on the part ©f the city of any of the provis- logs of this contract, nor shall it release said contractor or tke sureties on his bond for the fasthful perform- ance th eof a nor shall the acceptance be prima facie evidence of the performance of any provision of this ittrac� except t� the cxte It of entitling t ,e contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or •furnished for him, or his agent, assignee, successor or subcontractor, and the city tnay reserve out of any allowance sriade on any estimate In favor of the contractor or 1 e assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma ° �ccssary to pay all laborers or, material men for amounts due them for wen* dor& or•matcrials useti or, iurnished to he used in the perforxatance of this contract and the doing of said work, and the county trea�sttrer, acting as city treasurer, may retain money col teed from property owners assessed for said improvement to pay such debts or uudi the oontrr-r-Wr shoves that they have been paid or satisfied The cpntaa''ror agrees to remo--y all robbish. earth, and unused material is tInte streets or %N;A i`=:_ __, t hots oof the ii mplet9n roeeittv.tt or the repairing thereof: or The woi 1 of iria:kiitg imelk impro=cement shall: be completed according to ale terr-3 ®f - contract on ........................ day of----------------- - --------------- ...... ......... . i •� uttlom th@ tiltic for the completio)n of the sar� i shall bi extended in writing by the Board of FuiP.Oi :��ir>,S. .end. it N agreed that any such extenuion of time, or anv alteration of this contract or of the manner or, meth- d1 doing ouch work shall in no way affect the duties, obligations or, liabilities of the contractor or his sure - It to agreed that the contractor shall not assign this -ract, or sob -let, the work or any part thereof to biy dons hereunder, without the written con,;it of the beard of P; hlic Works. It Ig farther agreed and stipula+ed tl! t t'ae contractor shall give to residents of said city and ,t)atY in the enipl®yient of all labor necessary in the performance of this contract, and failing to & so, t1 lot;Nk to the city, the stem of ten dollars for each. failure to observe this stipulation. htiA upott the per ormance of all the terms and conditions of this contract, and things to be done and j�,,,tf,q-ivtd by Bald contraetor the scid city agrees to cause the cost of doing such work to be assessed, col- i> ate a&d piid to @aid CtAltract or in the manner fixed by the. statute governing the making of such improve- p, &th ®f tho- eat}ttditions and stipulations of this contract, including all and singular the provisions and t § the is s, Ipmfile, specifi,,ations and resolution aforesaid, the under*igned bihiA himself or itself, add �z;y V:.-f&tjvt gumtssor or assig-" of such parties. ' IN TESTIMONY WHEREOP, We, the foregoing named parties, hereunto set our hands this 27th. d.aay of June 1922. CITY OF SOUTH BEND„ ' INDIANA. WM H. , BURKE L. B. SLAUGHTER Contractor; L. P. HARDY Its Boar of KOM Works. 238� Tiesday June 27th., 192. Continued. i Stephenson. The following claims were approved by the Board. Central Elec. Co, 2.40- Avenue S horing Shop 13.50 F. W. Labdaie 74.9-$ go. Side Welding Co. 5.00 G. E. Neyer & Son 8.08 ° Sibley Machine Co. 8.10 a ° C. H. De Frees !4,40 Elgin Street Sweeper Co, 27.63 Western Thion Tel, Co. .40 City Treas., 41.58 South Bend Awning Co. 3.50 News Times Prtg, Co, 24.28 Schuyler Rose 24.28 Sunders 'Egbert Co, 81.67 City Treas.-, 124.31 . W. R. Hinkle 6.00 The following proofs of publication filed and signed by J. M. `Proposals for street impravoments, Pavement on Boman Street. Pub. June 16-23 Pavement on, Main Street " Kine 16-25 Pavement on Hine Street. " June 16-23 W„ter. Con, on So. Mich. St. May 18-�25 a on Washington Ave. on Fox Street on Virginia Street on Donald Street. on Irvington Ave. " on Rush §treet., n n" Grade, curb and walk on Eckamn St. • :.a • _ Wednesday June 28th., 1922. 1'5�' nllleffl4LO� President .of ard. Board met in special session at 9:00 A.M. Mr. L. P. Hardy absent. The matter of awarding of contract on avement on alley North of Lincoln Way West up for discussion sand t9e following award was made. Concerning the improvement of the roadway of Salley north of Lincoln Way West from Leland Avenue to Alley E. of Wod Street in pursuance to Resolution No. 957 the petition of freeholders residing on said street is considered sand the report of the City Engineer is received sand call evidence is heard and the Boaard finds that said et3tio ers constitute a maajorit in number of the Freeholders residing on said street to be improved that said peti ion is sufficient and it is therefore considered and ad 'judged that said improvement be made with as haltic concrete and that Williston Construction Company is the lowest and best bidder for said kind of pavement, and the Board do finds, and lets the contract for said im rovement to him, sand orders $aid improvement to be made with asphaltic concrete ang all proceedings heretofore had in this matter are hereby confirmed and ratified. BOARD OF PUBLIC WORKS. L. B. SLAUGHTER Attested:- BL►BERT F. HONER.. Veron csa C. Sweene ClM of the BoarL rDatehis 28th. day of.June 1922. c ,QJI Clerk of the Board.President f Boar