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HomeMy WebLinkAbout07/19/1922 Board of Public Works Minutes277- tinued. Board met in regular session at 7:15 P.M. All members present. Bid . was received from Tuttle Corporation for the remodeling of the CityClerk's Vault inter#or. Same rend and placed on file. Attorney Antony Wolfe appeared before the Board and presented contract for permission for the New York Centrai Railroad COMA#y to d6 tstract sidetracl for Mooren Bros. Fruit Company. Contract referred to the City Attorney to be°reported on at a 1'1ator date. Hearing had on resolution No. 1003 for Sub. Trunk sewer on Broadway and Dale Avenue, in the City of South Bend, Indiana.. a a a a U�en said hearing no remonstrators aappeared and no written remon- strance was filed. Aid the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are equal to the estimated =cost of the same as reported by the City Civil Engineer, and thereupon -takes final action as originally adopted., and the same are hereby in all things, ratified, confirmed and approved. Resolved further that notices be published on the 21st. day of July 1922 and on the 28th, day of July 1�912_in the South Bend News Times and South Bend Tr%un e, stating that this Board will receive bids for the construction of said work up to 100:.00 A.M. August 8th.0 1922. The Board reserves he right to reject any and all bids. Resolved by the Board that the City Engineer be instructed to get bids for the extension of sewers at 'street intersections on Main Street between Ewing, Avenue and Indiana Avenue. Petition filed for pavement.on E. Layton Stre�e't from 1&rine Street to Leer St eet. Resolution Ordered.' Petition filed for small light for auto drivers at corner of Harrison ..Avenue and Furebrin er Street. Pole and :ire inspector filed following recommend . That the light at t9e corner of Cottage Grove Avenue and Puerbringer�Street be reset to the north across the `sidewalk to the co nor a�helre .the lhight will lilgxat, a to he crest Jova� uuerbri re St eet also -re et the ht, ale at t.a corne ® in ve ue a sear venue So ire west Dout 20 to the corner so t e will sY%ilne own lna venue Same approved. Excavation bond of A. J. Mutts and R. M. MyeRa3 approved. Petition filed for grading sidewalk and curb on 16th, street from Mishawaka Avenue to the Grand Trunk Western Ry. approved, Resolution ordered. Petition filed and Resolution ordered for pavement on Golden Avenue from Portage Avenue -to Riverside Drive. Compl t int, about, pole in front 756 Portage Avenue in way of driveway Pole and Wire Inspector reports as follews:- This is an underareund lamp pole an Ports a Avenue on account of a now dividing line between two lots . This lamp pole shoulca be reset to the north to the new dividing line approved, Rearing had on ::ssesment rallLand final estimate for water con- nections on Washington Avenue from Sursiyzide Ave:zaa to Jacob Street, under Improvement Eesolution No.981. In the City of South Bend, Indiana. Vp:anlsadd hearing no remonstrators appeared and no written remon- strance was filed. the Beard taererere find that the property assessed in said roll riled July 5th., 1922 is benefitt,ed in the amount of assessments as shown on said roll and the Board further find that, the assessment roll filed July 5th., 1922 and the final estimate allowed July 5th., 1922 should be and t e Qame are hereby in all things ra ,l i- f ied confirmed and approved. Hearing had on assessment roll and Final estimate for waster con- nections -on Donald Street fro- Miami Street to Leeer Street, under Improvement Resolution No, 984 In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed inksaaid roll filed July 5th., 1922 is benefitted in the amount of assessments as shown on said rolls, and the Board further find that the assessment roll Filed July 5th.9 1922 and the final stimate allowed July 5th., 1922 should be and the same are hereby in all things, ratified, confirmed and approved. 278 14th.. 1 . Continued. The following bands and contracts vwre approved by the Board. This Agreement, Made and entered into this 18th. dayof July 1922 by.and between Joe A. Luther 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 it,s Board of Public ?forks, (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 6,1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to construct pipe sewer on Dayton Street from Miami Street to Mumford Court, in the City of South Bend, Indiana at and for the following prices,,,. 410 lin. ft. of 12"" pipe per lin ft.. 0.300 196 lin. ft. of 10" pipe per lin ft, 2.75 124 lin. ft. of 8" pipe per lin ft. 1.00 350 lin. ft. of 6" conduit pipe per lin ft. .90 21.5 lin. ft of msri:holes perlin ft. 10.00 6 storm waster grates, each 10.00 2 manholes curbs ad evens, each 20.00 1007 I ss June 2&, 7.9?_2 t cI._.:E. of f.., L`� t. .....r 'A A ,:1£;:(:[. ,r'+.'lC: • col tiil6n> 151,5ii, pt,061-; }3.,t-,.:.,a1.Ue.s ai-c r.ade 2, part hereof as fully c-n,i ..f-fcctudlly as if ;Copkek an& O t t l Item at ftill lrzi� _.f. C'Ve::;.;Ants and a.Yr2-s that in the prosecution of said work all proper il;:wee 1 e1r5r u, ;l-: h ;sl all excavations and dangerous places, l 11 ujtpill Clcii a, ^7 Y .i. t O"1 t0 Jr_ t ll,il �r `7 y person or p7o-^ -`y; that in the event i)L x` lvf � Or (l- —ri S: resu! :'' frrrn t:l , vr" Orr '+' fr m ) ✓ "'.-.t+"r or thing connected there'L itT or It IF7g th r€frrim, 0 3Tty per5"'-I o" proper"V, h`- ii L,^-v 1`c -idate the Same at his own expense, d.nd a s- Lla, i,,L, llhC liability ther"tor; and in t1hie event of any clail oy �12.ims b`;ng made or any action or actions being _t lit ap `aml t the city' by reason Or )n acco"iiit of Or grO`"iTlg Out Of 5<'d work -Or its C OY.tStrLiCtlon, the Said ;­=traiAot will at his ciwn er, _ ct,s.defenc rile same, and will -ay any judgmenf recovered therein, and.. will in ll rESpt-16 fully rode=nll y �;avu hairnless said city; its officers, agents or representatives from ail cost, :�' r, t, y v.' , n v ti n S^Ilia such claim or Claims, action or actions. :d if t.e eortractor of the Pend, c trier :of; c co'"t'Cactor aid, a;,�iX. t r_!, c es . . L is �p,., . 6. •�;ro.,- _ t. ._, `I' Si.iv.Y �a�p«1X'6u. s way fie �,S.ai jr fc': the n 'ntc- . nze and repwir the o, f=#R 0-f i`'E(„ � _ .x 3' ! ...-. '� ,; _. ' -, to •' t i re:m and in mi k a xtt os . ,wifixed 1�" i i= Am,, l ' 'r S}� T r, T t, T tl; % t his guarantee ntee bond sbmall i j o __r n fo aiy lnju y or rnage to €riy perm 2n or t;top1 ,ty in tl ii.':; ;a rfiaCi<>er end to tai. 1._.� . _,.c _ i,EXed is the last preceding paragraph covering th to..< ,trlicfi(In work. A 4 it's furtlif-x-agreed by and ,4b---4s tint ()f the work praql ,-d for in 0-0 !f n r,`tc.t, or the pay _icnt th<r_Of, . ,y,zt': O:. tho part of the city Of any -if the pin Of flbiii ,.urltract, nor shah It r,lea:;c aai ` } :T G thS_, siTrPiiCi on his i�':=ioi for the f2ir_1'_!.t' k �rf(trY thc--:,if, 11or sh-all the accepta .e be t>Il..r.. tho perfornla.11ce of Any pi°evi io":l of i_fi e: C",-Y�Cept to the, es tc:-t antitl':nq- il'•P tO the C(itltruCt price therefor. Th-. r',itfiractor :g'r-es 'Lu J j3r all lab? ~ YSais used or fu _ Tsl^ed to he mod Tn the traking of Ouch itip, )vE.iactit and In tpe pecfa.::.: of i � .__ t, whether done or furnished for him, or his ag rt:, z surcr;ssor or subcontractor; at city o- t of any aLu:.ance to de on any estiy tt-r ill i'vot of the coritractor or h assigns, cr cut of thz ai c, -_t c?ae l.i:n or his assigns upon i.'^.e yip'se i _ .,f the Work so rril as rnra ? l '/ � � . 'C'.'.S J-1J% CO �,.�y a -L: 3 G.x _� i t:+" l for .nts d.,�. `L P'f 4 i: _ +i d . or 1l l'.4 xA is Lased or `uz to b 1,_' �, p r of i-o CO ct vr.`� 1 is in s Aid 'Vvurlz and trio CG iit � •- e.s > ' r ;.� 4. O + _t y f d f4 l,r +: ,,ly!i'•.:`rs asstSs'e fx.. S'?s�.5 -pa ',. - ; , � , � - � _ j r c Y•� 1 / The contra -tor agreesr , kk ,. the ci�:TI lotto 1 V tilF ,I fr tl ",) f of fl3rfizl Ties, j,-a) t F a .i 1;1.;' r'� .."i ✓, c_�,� ` . ... . <.0 t K i t`#� 17 I v` ryfl; 1 .. _. j �j/. I i if ily SS }Ali ..' �.t `�� �' l of 1 uhRc �i� o! k' , ;. i31 `.# ii oiA tip '1,l+, ri} t?r, , OI +• a1teT Y!c;ti Of ali.' 1,1ir or #tit 1 b f act Or of tho ',;t + li .. t f t ltif(t litfr fl y;Frf# i Aria�1 itl ; .; .-a, y �€�ect the zl'utie;,, obligations or s of the crnft.•.c.t.,i of his :,.if, ., t1 1h Aden htl that, tilt- r,, 1� i.�Ftit ?h�t11 drat "Sign'"is "Tact. or sub -let the work or' any part ther�t: 'f k, 4 It 3l ?C ,ref, iii+fi€'9# i#1 a z1t' �7:i.''*lt tjl. rt„ H,,ard f blic ( �°? Works. - l# itt'ilit f e irCCl i l(f i j'i„1 +'fi t ' } n+_ac:tor shall give to residents of said city and 1 11 It it t 4+' #i e��lr#5"f`t lit Or �tl ��,�C s:C :iy in c_lP 2)erfGii7P.r,Ce Of this CO1traCt, and fdi}Ii1y� tt; - to till CA tl'l� s.li:1 Cif t"rl dt la>ti f2n,. i',s or arch e to observe this stipulation. Sir } the pC Jrl lTi[ Of i %l ti'IE :'18 and ro .eitio^S of this contract, and thiai?-s to bU dono and, . f"Ic laid City a eC t-C cactst, the cost of doiP_g SuCl7 ;`/OrIS to be el i$t; � 3C1, col Hitt;. >., ,Nr f2 ze� j the stat:-`e governingtt;e ..,.akinj� Of :7i1r;1i + ,).il a-d +1 + c)sralr,5,� flrf<. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 18th. daft of July 1922. CITY OF SOUTH BEND IDNAIAN Joseph Luther Co BY L. B. SLAUGHTER Contractor, L. P. HARDY ALBERT F. HONER. Its Board of Public Works. r crF_ St Joseph. - ----- _._..__-_...nia;na ._..American .Sure-tyCompany a"f_-New. York z. _. �� cf_ New York One Thousand -two-hundred sixty one _ $1,261,00' t A Joe A. Luther ,,iti7 the City of Y Ir s_s F ! c 1 according to the tri i .i.:^_.li and me il:i a tn`_ Hof, iri a - t', t�, ih , , t ,5 ob'` ? +� VO , ?,t to be and remain in. l ) io`•ce a -.,-Id virtue in. lava. )" ;hr-, cvf:, the seiC t,i4.y :_ for co ��pletion of said work, sssCh e-,a enslor hall r-o_ 4 ':. .tf Yf i` t :: „I "e F _ ^.C. J, This shall be a co-�_ :s, c, ion bo A, and+; �l, + and re: it o{ „` e respor _hip t July---1922_,. Amex°ic. ,n_aur-p�---c.ompa-nY af... N vt: > 4-oseph A. rsuther _ ......( York. rCbh__W0o1VCFt6K At h P. EMn.nahoe es.__Pres_ide Residen Assistant secretary. �.-_ day of Duly 1922. PUBLIC°IMPROVEMENT CONTRACT. This Agreement , Made and .entered into this 18th. day of July 1922 by and between Williston' Construction Co. of the County of St. Joseph and State of ndiana ( 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"0, under and by vi rtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Cor-- portions, " approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contua.ctor covenants and agrees to construct pavement on Hine Street from Walnut Street -to Studebaker Street, in the City of South Be Indiana at and for the following prices:» 138 cu. yds, of grading°per cu. yd. A.90 2 storm wgrates, each 14.50 2 manholes reset, each 3.00 5 storm grates, reset each 3.00 60 lin. ft. of marginal curb per lin ft. .40 60 lin. ft. of 8" vitrified pipe, per lin ft. .95 1 lamphole reset 10.00 995 sq. yds. of asphaltic concrete pavement using Mexican Oil Asphalt per sq. yd. 2.45 and to perform all work in the prosecution of said improvement under and according to the tarms d con.. ditions of Improvement Resolution No..__._� g W____. adopted by the Board of Public Works ,,,21ay-23,0],922. and the plans, profile and specifications on fi e in the office of the Department of Public Works, which ss.i 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 vrill be exercised; that he <v;ll p-operl: r --• 4 aril p_.o`�ct all excavations and dangerous places and will use all due and proper precaution to prevent injury *� :r.y person or pro��rty; tl+at in the event any injury or darna.;e result w ig. from the w-)r'. or resukirg from a~.y matter or thiaig 'eonne!cted th9retvit�. or arising therefrom, to any person or property, he v-�11 pay ar,h 1_ic, idate the same at is 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 brought against the city. by reason or on account of or growing out of s= id work or its construction, the sail contractor will at his own expense defend the same, and vrill 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 elaimg, action or actions, And �f within ten days after any such action is begun, the city shall notify the contractor of the pendency therf!of, than any judgment rendered against the city shall be conelrsive aggainst the contractor and°against the surety on his construction bond, as to thv amc._ t, liability and other matters pertaining thereto, ` Tuesday July lgth.p 1922. Continued. I And the, e6ntract6t agjreetQ maincain said 0_d 8wh repairs as may tz neces,;a)y , trill vayiod And it; iu,& 05 fixed by the 4prc;4catlons, and to se-c-1.re the maintnmuce and repair thcrr.al 0e, with V* Board of Public VVor-Is a1ond vj ifl, sufEci, cat surety thereon and in an smiount as. fixed by the ' pedfle-9tion§, And ja dkqfri such rcp3ir work the contractor and the stti-ety an his guarar-ite(� bond shall bt ft4?j@Af to the §81-ne liability to the city and any ol4 er Krsou for any injury or danih.ge to ony pers. n or prod �J'fy in the ba.me mate ter and to the Same extent P3 is fixed in the last preceding paragraph covering the colj- '04140ion work, Aiod It 19 further agreed by and between sa-,d f-, acceptance arCies that the accept ce of the work provided for in tttis, qlfstraij,_ or the payniant thereof, shall not c%ttate a waiver o-a the part of the city of wily othe prov,s_ 1014'! Of thig contract; nor shall if rvlca..te ' i on o said &4ijttnector or thesuretie,5 on his bond {far the faitlifi,,Al pofiofin- 0"Ael tht,foofi nor shall the acceptance Le-p-rivar- 1.6c evidence of the performance of ally pluyisio-n of t14,:,- 0­xervt tQ the extent of entitlirg the copfi-.ctor to the contract price therefor. Tho'contractor bgrecs to pcy for all labor and, Materials used or furnisli-ed to be used iti tbp, Much ImproYemwit mid in the performance of this contract, whether done or furnished for him, ur his ktot, Ravifflue, mucceesor Or subcontractor; and the city may reserve out of any allowance mtl,de on any obflrno-,i In favor of the contractor or 1— assigns, or out of the amount due him or his assigns.upon the conipleCo'l of t%io work, go muck, as ma, cessary to pay all laborel'.s or triateriai men for amounts due thein for work done 4ur materials used or Burnished to be used in the perforw�ajjce of this contract and the doing of 0, � Maid work, and the county trcco6t4rcr, acting as city treasurer, may tte a"I money co.'I toted from property owners assessed for said improvenvut to pay such debts or Until the, conit'rzce�r M­jvto that they �mva bteil tfOA. or T'he co.it7a-,o7 agrees to remo-2 all ru)')ish, earth, and um!sed n7—atei'lal in the streets or s! 1I.; apon the completion of the improllem2�iit or the repairing thereof. The work of making slick improvement shall be com"pleted according to the teri:-_3 of cc:,,ty.,,ct c.i (r beforethe.__,_., day of--------------- ------------ I -------------------------------- ------ ------- 19 ......... 'i -------- the ---- c' o__ --------------------------------------- I unless the time or t plet;f�,n of the sar-e sli�ifl be extended in wr-ti:--g he Board of Publ;c Works, , by tl And it is agreed that any st--.1i extension of tir, �_-, or any alterp.lion of tl--;s cent -act or of the manner or meth- od of doing such w6rk shall in no way affect the duties, obligations or liabilities of the contractor or his atilt ties. It is agreed that the contractor shall not !?.ssign this e °ract, or sub -let the work or any part thereof to be done hereunder, wi!:hovtthef the L-_­rd oF Pi.blic Works. , It is further agreed*ar,d sitipt,,!F­d tli-'t 1,1 contractor shall give to residents of said city and c kty in the eniployrrftit of nll lal-or e, . - ssary to the yerformance of this contract, and failing to SO, C ,01sli folfeit to'the city the sam oF ten dollars for each failure to observe this stipulation. Ai,e� iji"on the performance of ail the terms and conditions of this contract, and thingg to be done P-nd pe'rfr"l; ­::d by said contractor the said city agrees to caus e the cost of doing such work to be assessed, col lectc:! r-,i-.d paid to said contractor in the manner fixed by the statute governing the making of such iinproi.,e- To c,..ch of the conditions anl stipulations of this contrast, inclinding all and singulathe provi*ions and of the plans, profile, specifi.ry or ica�ror.3 a,,.d resolution afores-id, th-- un.-I. r' V—, rc?p!ctive succcssor or a s g Of sti6n -rai--L.es. Tn Testimony Thereof, We, the foregoing named parties, hereunt, set our hands this lDth'. day of July 1922. CITY DF SOUTH BEND, INDIANA. WILLISTON CONTRUCTION COMPANY BY L. B. SjjAUGHTER BY F. A. COATES, Pres. L P HARDY Contractor. XLBEf?TF. HONP—R. Its Board of Public Works. I V%--_-_ That - we ------------ _ Company al flc Coi:;;.�ty of-___.... St. Jos Rk -------------- .... St�tte of ...... Indiana -­--------------- ------- ........................ .. ypal, pla(l Globe Indemnit --- Co. - - - --------------- - ---­--­ - - ------ .............. ............. .... ... of the Counity - - ------- - ---- - -------- - ----- — -------- ----and State of ........ I&W _YOTK__ Ps sureties, are held and firmly bound to the City of South Bend, Ind"ann., in *i-- -",,I Of-w- Gne-Thousand Three hundred fifty one. ......... _ ------------- ---------- ........... 5 00), ---------- ................................. Dona�:�- (sl93 1 0 for the payilnent of "which, well and truly to be made, we jointly and 4 ei-.ectitors, aocrninstratqrs and assigns, firmly by these presents. The conditions of the obligation are such that if th,: above riamqd ................ Willi.ston Construction Co, ............................ ....... . ................. ----------- sLi-.ti iaAfufly Cc! -r!y 11"'t-, fcz c-, mr-de and entered into the ................ 1&t-h - ---------­----------- day of --------------- July_;1922 ------------------- 19 ........ with the City of South Berd, Indian?, and shall fulfill alb-lh,- conditions and stipulations therein co,.J-i-;.! according to the true intent and mea�iing thereof, in all respe2ts, then this obligation to be void, otlkrwls.. to be and remain in fall- force and virtue in law. In the eve;-,. the said City shall extend the time for the co m lotion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible, for the maintenance and repair of the improvement after it his been accepted by the second party, but such sun .,tlzs ahall be held responsible for the fai,'-;ul cornpl­.rtce with all other 1­7�17 or set o-,-..t in the contract. 16th - ----------- .. . ...... .. July 1922-.— Szz; ------ GLOBE INDEMNITY CO. _WILLISTON CO�TS;RUCTION CO - By, -Robe-rt --- G -0 ---- Happ ------- ------- ----- ---- PV V A COt, 7 P"A o --------------- ---------------- --------- -------------------- July 1922. L. P. HARDY n, 7 WON Wednesday July 19th., 1922. � ntinued. PUBLIC IMPROVFMINT CONTP CT. TThis A regiment , mda and entered into this 18th. day of July 1922 by and bewtween Willisto� Construction Co:., of the .County- of St. Joseph and State Of Indiana (hereinafter referred to as the " ' Contractor") , and the city of South Bend, tounty of St. Joseph and .State of Indiana, by and through its Board of Public Works, hereinafter referred 06 as the " , 'Cif "Ju#der and by virtue of an Act oil the General Assemblyof the State Indiana, entit ed An Act Concerning Municipal Corporations, approved Ma-rph 6,1905m and all amendatory and supplemental acts thereto:- W% tnesseth that the contractor covenants and agrees to construct rvement on South a Street from Indiana Avenue to Ewing Avenue, in the City of South end, Indians: at and for the following ricer:-» 25 lin, ft. of curbing per lin ft., 1.60 3298 cu. yds. of 'grading per cu, yd. 0 28 storm grates, each. 14, 0 5 manholes reset each 3.00 19 manholes reset each 3.00 6 manholes and covers, each 18.00 91.1 lin. ft. of manholes per lin ft. 10.50 352 lin., ft. of margpal curb per lin ft. .40 1024 lin, ft, of 8" vit. pipe, per lin ft. .95 13264 sq. yds. of asphaltic enneetee pavement using Mexican Asphalt per sq. yd. 2.47 44 to per loont1 ati work in the prosecution of said improvementunder an4 006ter,� of Tffli rot,fknYc�t Resotsttir rt No' ___ adopted by the L.i,,r'd of 1'1;11bL Wt tlrtt,,,a��y�i, 0,t=4 *tit plwi,6, profile arrd specifications on ule in fie office. of tile, Depa. U ,�>]t of Publl,. �Vo,,ka, `� Idf-s�1 922. leflotuti f, Plans, P'rofile and specifications are made a part hereof as fully and effectitally as if rupkd and not: out herein at full ten th. roc contractor further expressly covenants and a-rees that in the prosecution of said work all prol)el' 61411 arid cafe ,,,;rl b,! exert �d; ti' ` he ,;`p . ,, l t_ all ei—a r,1 t ons and X411gerom Ol` ces tw( t .jl tt}t �'l d€ae �.r(d pro7pr pr.. to.1 to c _ .t in;u-v �, �i, v person or 1 r "tV; tl^']t i 'l7k F�1'; t a y it3jtlry or d,me.e Coro from o rr� Jr�,li , > + r or +hi+ln �nt,r „c+k:d the r€ �titl� or �ttsin tltexfro, to any per"^n Or proper�y, {1._ �'rl T ,V 2 i,�' r T to tr S:"o11e at h'+ own (�Xl)fYtiE. and L� 01111 F, kht liability ther('tor; and in the event of any cla_i . or cla; is It n made or any .iLi.i:il3 (,`! St't'rlii l l ink l3}�ti',ight; a�,°'`c;nst the City by reason or on accoui:t of or gro`= big out of A v71)r' oil ins Cori +rilctioY _ 8,J toner uctor will at his own expense defend the sarne, and "il pay any judgment r-1Trivt.r^d fh(reitt, and will in #tll rnspeets folly indernnifyy and save harmless said city, its officers, agents or rer re.s ,tnti a s fro!,,) all cast.,. %lleli,le, payment or .judgment r�;,covered in ccnnect.cn v; th suc_1 ciair.; or claims, .s, action or action —a Ar (i 'W1r1t'h114 t€ti days `,jfte1' ,Suci` action is begun_, the City shall notily to " Corti- ic9or of tt'i i17� fi13y tudr ,a i?t 3i.€ C1C d st tLc City shall be cor_clttslvc ^ r .nst tlic p .^.too and of;aii 11L Ili sv b _- l a u o -i�r i : ,. _ ,,'s rJ Yt .'r+ .r t.:,.-:a -o, i✓ t S t21,1"y r be necessaiy for 1 t .. tt) f Iwith Cie }x !i ° r'Itt t. 7f b 1 + + r ` 1, -or and repair thereon tat.':' .rfre,.ti({r , At, ' ill c{ r, ; st;ch rep (r � k the c' ant! , a" r7 an r i ;ant as fixed by the s _ty c his g larantee bond shall, be to ill se,,{ l ,{b+l{_y to tl I city ar ' ,., p (; f.,. < rrf'y It7 t:lit,' ,t;i€ T r.-.titit;t' and t0 the Sal re o- ) '`l tj o: d_.Ta.agt0 any perst,n Oi 'Jzop_ is f at: :.a he last p: eccuing paragraph covering the° con- t;tr[te't:ioll �VJrJrin, ✓t Ad it is fut'thrr agreed by and. be* a ee= s; :c' I=:rt',cs tk_ :he acceptance of the work provided for in this coritr !iJ m file Ijay,_r;er t th• seer, s.aall not c :+, ; w:i;,>er on the part of the city of any of the pjrovis- 7(n of t}ri conty rct, nor shall it release sail e r e tl,e sureties on his bond for the faithful pei-foria- l. ( the � (c,f nirt sh:r11. the acceptance be arils.• f ev c ;ice of the performance of any p,iovi:i()n of-tljs 1, (K .p1 trr the c-nt: nt of entitling tilt cc mac, for to the contracprice therefor. i hf.. (.w1tr; cfoj pgi ec , to pcty for all labor and r.,.terials used or furnished to be used in thr: +t •rkii+g of sne'lr „ rlprol e t icJ{t t)ndl in the p�erfornhis of this contract, whether done or furnished for hina, ui is a.t;c jai '�ssr,r; suc((. r�sor or subcontractor; and the city Mav rpser- out of any allowance made on an ill fa nor Of the Contuactor car 1-a; assigns, or out of the anio-Lt due hit.. or his assigns upon the c otrtul: c, ;s',i Of the wor.c, so much as rnai �cessar to at ;:11 labor-- s � + Y P .zr ira�eriai roil for airtcui;.ts duo tl crrl f :•' v:lOz- done or /i{ rtr lra is tlst`d yr iurinshed to be used in the pzrfcrr:ance Of this CGnir;iCt and tl1t; csril;,s e:-1' ` :(l Nv rk, d the, colmi\ t ICZ actin �S Citt' ^�, ' g tr_ rer. may ret<zin r, e r o °ncie ,[.ssc,a,-ei ices t.�i�l 11 �, - _.I m `y cc vEd ctcili tJx.per�-ty c l ;. ; . at to Gam' s,tt Q}�tm or , . l L o; the c ttr-ctr s; >;f., t�_ tl ey f t~rA Fiip'iCc :7 ti}rit:d^'ro: agrees to rerao, all rubbish, cart _ d 1 s: ` �2, and ur.'.'se Y�;'-fi�ti:;.l i, t:'L 5tFeC£S c�i' ' upcm the completion of the improvement or the repairing thereof. , ` h wo ,crf ° e rk making stick improvement shall be c notered according to L7e ' tor. of f: 1&efore tile. .......... ..°...,........,.....,.,...:.------- _----- ------------------ day of tsnit;sfs the tirru; for the corrpletio of the sane shall bC extended in v<*:it g by the Board of `Pubic k. Wo And it is agreed that any such, extension of tiirre, or any alteration of this by or of the nl=; imer or mQ,11, cool of drying such work shall. i. _ r o ,vay affect the duties, obligations or liabilities of the cantvwteu. or his ties, It is agreed tha.l e f i =?loll not assign this -ract, or sub -let the work or any part thert:cif to be done hereund(.., ,, t: -.n co:is'nt of the f d of P'•:blic Worlps, It is further ag that t'.- contractor shall givc to residents of said city anal ( lief.-P•-nce in'the . r_1,J .; 1 01 aii labor nec ssary in the nerforr a.nce of this contract, and failing t(, ,k7a.Lt it i fei.t to the: riy th sum of ten dcl'lars for each- failure to observe this stipulation, A ic9 the perfoririance, of all the terns and conditions of this contract, and things to be dine {erfc i ''hy said contractor the said cityjagrees to cause the cost of doing such Nvork to be asset,;, , i '. t: ^iC!. to said contractor in the ma^ter fixed by the statute governing the rnaking of `I� � r.-,ch of the con ditions n.!14 fit: ;!;`<,_ of this co.. " act, 1nCl" T? v all and s;ri ;filar Of the plans, profile, speCi:l,.Q .. res , t-c ;reactive successor or In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 18th. day of July 1922. CITY OF SOUTH BEND_ INDIANA;. WIL.LISTON CONSTRUCTION CO. L.B. SLAUGHTER BY E. A. COATES, Prey. L. P. HARDY Contractor. ° ALBER T F. HONER. Its Board of Public Works. r The Williston Construction Co. C( " of..a St_. ,heph--------------- Sttef_o.f..-Indi�xnm. `. C '�i; c cos ,.n.ty of :.......... .......... ., ____,___________ ___ _ ____ ____ __________ _____aflcl Si^..te. Of_.__... New York _ i-�--,S`i:tles� a.re held and fir wily bov. ,,d to the c-oity of So ,, 1 11, -_Ei1 , �T��aeieen__Thausnnd._.Ilne_:hundr.fiv_--- - 1, ,' 19,155.0 p`• 0 • for the -� Went of which, well and truly to bF _.1�, Y�ic tot,t1y z n' ..• ti `' r �. _ t a_Y_ iyislrc;tors and assigns, firmly b'y {i T_.a of tine obli "nt'oa ar c - e such t, if abcv n , «,.,,qj.�,.�����ztr,..,.v.i:%aVre�-L1�1r �r`r.Y�.n••....�iaw.::ip�'rai.�.. .,..a... � �d1LFi7. l.if � �,o'. .r -.yea `�.. ,.... J. _, i<;,.. .� .. i. • 4 p �, y, A'r fi rlS': i Aid YItE i .'i? irttG tile'...............8._U.hA___- `_ daf of--- ---------- --_- Iul y.. with the City of South Eer_d, Indiana -and shall fulril al •the conditions a-k�! accot-ding to the true intent and rrieaaln b fh _ of, in a respects, then this obligc<, at,to bc, to be and, remain in f.•:ll force and V:rtt_c i_, l?.v,. in the eve-Z `he said city shall extend the t;,. fw a, cosapletio,n"of said work, such extej s on sl '! not in a iy -way release the su:reties on this- bc,-:J. This shall be a constr,,;ction :pond, :d the su e-ies on the sane shall riot be "L-e1' 1,.;,�;.,; . ?' f, and repair of the imlirCv.,__ t :f`.._ It 1•:1,3 1)eeii. ..CCi.pt,^d 1)j? th., S::C^..'1 f .1' h L 1' 1 rz?. f�- 1 ' i ..- -1; l r,. ) �.•;: I'....:.i rn_s,,7o rib e for � � �.� _,, Y-.,- r.,l duly 192?_.' . WILLISTON CONSTRUCTION CO, .. _._D) ROBERT G. HAPP BYE. A. COATES, Pres. _. July 1922. -- - ..,.,SLAUGHTER L. F. HARDY ALBL'R` _ T F. HONER-: - -- .-----. The following Trunk sewer resolutionwas adopted by the Board.. TRUNK SEWER IMPROVEMENT RESOLUTION NO.1016. as Resolved by the Board of Public Works of the City of South Bend, County of St. Joseph, State of Indiana : That it is desired and deemed necessary to construct attrunk sewer known as River Park Trugi.k Surer Djstrsct No. 1 all in tL - said City, which, from its size and character, is not only intended and adapted for use by property own.eds whosr property abuts 61ong the. lines of said sewer, but is also intended and adapted for receiving sewage from collateral drains 'alrea� already constructed or which may be hereafter constructed, and the same is hereby ordered constructed in and along the following line in said City, to -wit: -Begin- ning on the northerlyy line of the St. Joseph River at a point on LVt Fi in Twin City Sub -Div, of Lot C. of 0. P. River Park, thence northeasterly to the iner- section of the center line of north side Boulevard and Tenth Street with as 36 inch -circular sewer, thence southeasterly along the center line of North Side Boulevard to the center of Eleventh St., with a 36 inch circular sewer; thence -easterly along the center line of North Side Boulevard to the _center of Otis Street. with a 30 inch circular sewer; thence still easterly along -the- center line of North" Side Boulevard to the center of Twelfth Street with a 24 inch erirculaar sewer;' thence still easterly along the center line of North Side Boulevard to the center of Thirteenth Street with an 18 inch vitrified pipe sewer; thence north along the center line of Thirteenth St. 340 ft. with a 15 inch vitrified pipe sewer; thence still north along the center of Thirteenth Street 350 feet with an 18 inch vitrified pipe sewer; thence still north along the center of Thirteenth St,, to the center of Pleasant St,, with a 15 inch vitrified, pipe sewer, thence still north along the center of Thirteen Street to the center of Vine Street with a 15 inch vitrified pipe sewer, thence still north along the center of Thirteenth St, ., to a. point 100 feet south of the south like of Mishawaka Avenue with as 12 ins inch vitrified pipe sewer. Alses Beginning at the intersection of the center line of North Side Boulevard and Twelfth Street; thence north to the Third alley north of North Side Boulevard with a 15 inch vitrified pipe sewer, thence north 230 feet with an 18 inch vitrified pipe sewer, thence still north to the center of Vine -Street with a 15 inch vitrified pipe sewer; thence still north to a ®int 100 feet south of the south line of Mishawaka Avenue with a 12 inch vitrifieg pipe sewer, Also, Beginning at the intersection of the center line of North Side Boulevard and Otis Street; thence north along the center of Otis Street 270 feet with a 15 inch vitrified pipe sewe, thence still north along the center of Otis Street to a point 75 feet south of the south lihe of Pleasant St., with a 12 inch vitrified pipe sewer, Also Beginning at the intersection of the center line of North Side Boulevard and Eleventh Street; thence north along the center line of Eleventh Street 3^0 feet with inch vitrified pipe sewer; thence still north along the center line of Eleventh Street to the south cubb line of Pleasant Street with a 12 inch, dvitrified pipe sever; thence northeasterly to. the intersectin. of the center line of Pleasant Street and Eleventh St. rU nnin north with Q 15 inch vitrified pipe sewer, thence north aloe the center line of E eventh'St. to the center of Vine St., with a 15 inch vitrified pipe sewer; thence still north along Wednesday July 19th., 1922. Continued. s lon the center line of Eleventh Street to a point 100 feet south of the south line ®f g vitrified i e sewer Also* south of the south line of Mishawak Avenue with a 1?_ inc e Beginning at the at the intersection ®f the center o Pipe rsit encelstill northenth Street; thence north 175 feet with a 15 inch vitrifiedp p aeong the center of Tenth Street to the south curb line of Pleasant Street with a 20 inch vitrified) pipe sewer; thence northeasterly to the center of Tenth Street running north With a 20 inch.vitrified pipe sewer; thence north along the center of Tenth Street to the Pleasant street first alley north of et with a 20 inch vitrified pipe sewerl thence north €al®ng the ,center line of Tenth Street tea pp%t 10� feet .south of the south line of ` Misahwak� Avenue .with ae12 i ch vitrifiPle$spantsStreet; thence westAlso galong at hthence center of the center line of T line of -10 Pleasant Street to a -paint 60 feeteastof the east the centerhTinc of inch vitrified pipe sewer. Also: Tenth Street and Pleasant StreclineafcTenthtStreet withcanlOrineh Street to Q sewer, point 30 feet west of the westand Also, -Beginning at the intersection f the centehe��est®linecif Twelfth�StPleasant reetwith a Street; hence east to a point 7 5 feet 10 ,inch vitrified pipe sewer. Also: Beginning at the intersection of the center line ®f st along he Twelfth Street and Pleasant Street; thelinnce eThirteenthtStreet�rwith a lOof Pinesvitrifiedt to a point 75 feet west of the west interseStreet°pipe sewer. Also; Beginning at the tion Of the center line of Thirteenth Street andPleasknt Street to a point 60 feet Brest of the Wes interseeti®n 0ft line of ethehcentertlie tof 10 inch vitrified Pipe suer. Also) Beginning at point Tenth Street and Vine Street; thence theStrectn�itheacl0tincher ivitrifiedne of epiteeSeWer•aAlso 5 feet east of the east line ®f Ninth 5 feet west d the west line of innin at the intersection of the center line aintenth Street and Ville treat; fihenee list.along the center line of Vine Street pipe sewer. Also Beginning at theintersection Eleventh Street with a'l0,ineh vitrified a p p of the center line of Twelft Street and VineeaStriine ofeEkeventh Streettwith a,�10 inch �f Vine Street to a pc3int 75 feet east of the vitrified pipe sewer. Also. Be innin at the intersection of the center lint with ®f Vine Street east w Street to a. point �5 fee cat at tof he inte sagtion of the center line of 10 ch vitrified oipe ewer. Also, ;eBeginning ��iirteenth Street an Vine Street; lence east a�gn the enter 3:nc of Vine Street to a point 100 feet west of the westelin%rseof etioneofttheStreet centerwith line of Eleventh S �et pipe sewer. Also vitrified Be innin at the and Nursey l�muenCe �ast slog the center line of Nursery Court to a p feet.west,pf the west ine of Twelfth St eel with.IO icleventi,ir�eancwbert e center ine Also. Beginning at the Intersection oftie r t a oint 1 0 f et we of urt• li 1 e c nt r lin ogg ll-bej j� e ewer. �® a ier w ;h ce ets e1 t ree with a TO 3n.en v r e P,�p g ie was �He o , the neeessa;ry m4nholes. storm water inlets, CO neiaf saidimprov wall ail the river send house connections to the cu'b line along And to be built inewc©nrfileeinwith thetoffhe ice of the sDepartmm toof�Public lWorks plans, maps and estimates of said City, which includes an est`imat,a of the proportion that the cast of.an 'Rdequ to local sewer, built:along the above- line, bears to the cost of the main sewer, to be b uilt as follows: The cost aandafixedtatlto�be�ewer, builoalong cost ofnthe F above described, is hereby estimatedportion, which no ortion as main, aewwer to be ��built along said line as above ---set forth, P ,fshall be taken and adopted in all compu-L&- herein estimated and fixed _ tions requiring a knowledge the cost. of such local sewer if built along the hne there _the main sewer is to be -built- The cost of th construction of said sewer shall be divided as fo lows. 1. So`much of such cos =as shall be equivalent to the construction of -an adequate locals ever not adapted f ::. i to receive sev6age from collat ral drains or sewers, .if built along the proposed "rn�e as herein set forti3„ shall be paid by the abutting roperty. holders and the City of South Bend, if ittbe determined that sai City_.;is� ° benefited by said sewer: in the. same manner and to the same extent as local " sewers, are paid' I.bytheme e_ 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 sf along paidie� shall be assessed against each piece of property m 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° o the,manne�and method.prescribed by law, all of which said property beneficially affected lies withYn„tlie following described E to -wit: _ territory m the City of South Bend, County of St. Joseph, and State of Indiana, _ Beginning at the intersection of the north line of the St. Joseph River with the west line of Lot H of the Twin City Realty -Co. Sub. Division of Lot C, Thence north along__ the west line off Lot.H. and 29 of said Sub -Division to the center of the frst alley north of North Side.Boulevarc3d, thence west along the center of said alley to the center of the alley west of Tenth Street, thence north along the center, a-f -said alley to the ,south line of let 17 of the Twin City Realty Co. Sub - Division of -Lot C; thence west along the south line of-sa--i-d let to the east line of Ninth Street; thence north along the east line of Kin Street t® the -_ north line of lo-t 151 Original" -plat -of River Park; thence east along the north line of Lot 151 to the center of the 9.1ley'west of Tenth Street; thence north along the alley west ot- Tenth Street; thence -north along the alley west -of Tenth Street to the south line` -of lot 144 R. P. River Park; -thence west along 'the south line of said lot 144 to the a-ast line of Ninth Street; thence north along the south Tine of Ninth Street to the north line of lot 143 in 0. P. River Park; thence east along the north line Gf said lot 143 to the center of the alley west of Tenth Street, thence north along the center of the alley west of Tenth Street to a point 66 fe&t south of the south line of Mishawaka Avenue; thence east along a line 66 feet south of the south line of Mishawaka Avenue to a point 78.4 feet east of the east line of Eleventh Street; then" south.to the north line of the first alley south of Mishawaka Avenue produced west; thence east along the nor+Oh line of said alley to the center of the first alley west of welf'th street' , tllenee north alon the center of said alley to a port 66. eqt south of` the • south line_ of �w;aka Avenue; thence east along ak a line 6 feet south of the sough line -of Iliaahwaka Avenue; thence east along a Tine 66.`feet south'of the, south line of Mishawaka Avenue to the center of the alley west of Fourteenth Street,; thence south along the canter of the alley west of Fourteenth S-tr-ee-t- to - the_. north line •f lot 37 Fordham: thence east along the north-line.of said lot 3Tto a point 100 'feet`w"-t of the west line of Fourtee Fourteenth Stre_et:. thence iwit�h to the south lilen of Lot 36 For.dham to a paint, 100 feet west of the west line of Fourteenth Street; thence west along• the s south line of said lot to the center of the alley west of Fourteenth S`t., them; south along,the,center of the alley west, of Fourteenth StrAet , to the center of the first alley north of Pleasant St., thence east along; tht' center of the first alley north of Pleasant St. to the west line of lot 27 Fordham; thence - south along the west line of let 27 Fordhmm and Lot 312'113ub-Dt.vision of Lot "A" Fordham to the center of the first alley south of Pleasant St., thence west along the centerof said alley to the center of they alley west of Four., te•ent,h St,; thence south along the alley west of Fourteenth Str_ect to the north lineef Lot 334,Su-Division of Lot "A" Fordham; thence west along the north Line of said 1®t 34 to 'the west line of said lot 334 ; thence south along th the west,line of said lot 334 and said west line produced. south, to the north line of the St. Joseph River; thence downstream along the north line of the St. Joseph River to the place of begiming. SAID IMPROVEMENT SHALL BF KNOWN AS THP RTITFR PARK TRTJNT' SPTER DISTRICT NO. 1. under Improvement Resolution No. 1016 in the City of South Bend, Indiana:. 4 And ech piece of property in said district above described, including abutting property holders and the said City of South Bend, if the said City is benefited, shall be assessed, as aforesaid, to pay said excess 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 mainsewer, overflows, and its appurtenances, and the district or area which may be injuriously or beneficially affected ---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 shall be issued to the contractor in payment for said work, `unless the property owrie-rs-pay­sa;id assessments before said bo-id or bonds are issued. Under no circumstances 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- tually received by said City from the assessments for such improvements - 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 impart, and for. the collection of such assessments; repealing all laws and parts of laws in conflict therewith,: and declaring an emergency, approved March 6, 1905, and all acts supplementary and amendatory thereto, ipassed by the General Assembly of the State of Indiana. p 21 s t. y . • JuI * 1922 - Notice of this resolution shall be published on the ..................:. da of................. .................1912, and and on the. 29A# ...... . day of...............sT111Y..192.?-Daily ,1912, in the South Bend Times. 9�-i uae. is Board will give a hearing on this resolution at its office in the City Hall on the .......9...k ...day of ..... �.. h922 • 1912, at 7:45 P. M. Adopted this..... !%.h . day of ........... �1.7..192g = ....... 1912. x L. B. SLAUGHTER 11 L. P. HARDY ALBRT F. HOMER BOARD OF PUBLIC WORKS. Attostedt— �'croni'ea C . Swee e Clerk off" Board. 4' 285 Wednesday July 19th.1 1922. Continued. E.n ineerina filed assessment roll and final estimate for Wipe sewer on Jackson Street rom Linen Avenue to Washington Avenue, under Improvement Resolution No, 937. ` In th City of South °Bend, Indiana. Resolved that notices as to the assessments be ublished on the 21st. day of Jule 1922 and on the 28th, day of July 1922 in the South 1ena Daily Tribu e and News Times, stating that this Board will give €�� hearing onthe a amounts of such assessments at its office in the City Hall on the 9th. day of August 1922. xxRa% at 7: 5 P.M. . Resolved further, that the thtire vrork under the above rcontract be accepted and approved and the final estirate thereon allowed, Claim of Fred Kerslake approved for $23.03 Attest Clerk of the Board. President of oard.