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08/29/1922 Board of Public Works Minutes
i Board met in regular session at 9:00 A.M. All members present. Mr. F. T. Bonds Ge'l. Mgr. In Bell Telephone Company appeared before the Board in 'regard to conduit in the City Mali Court broken by the Palace Theatre Company in the Instruction of their Theatre Building. Mr. Bonds stated his company wanted to eliminate this duct in City Hall Court and run a new conduit over to Colfax Avenue. Motion made by Alber F. Honer and seconded and carried that thezeondpit An-; ,he City Hall Court be repaired to the satisfaction of the Indiana Fell. Telep."cGne Company by the Contractor on the Palace Theate Co. Bids were recei ed, opened and read for River Park Trunk sewer 8is Uici, No. 1. under Improvement Resolution No. 1016, as follows: Bid of Geo. A. Pontarelli. 24 inch vitrified pipe per lin ft. $ 80 inch vitrified pipe, per tin ft. .02 18 inch vitrified pipe serer per lin ft. 0?1 _ 3.46 15 inch vitrified pipe per lin ft. 2.99 12 inch vitrified pipe per lin ft. 2:6g 10 inch vitrified pipe per lin ft. 2.51 8 inch vitrified pipe per lin ft. 6 098 inch pipe per lin ft. 1.00 Robinson Segment Block 36 inch per lin ft. 12.14 30 inch per lin ft. ' 9.98 Manholes per ft. 9.00 Manholes, curbs and covers, each. 18.00 Storm water inlets, each 10.50 Retainin; wall 500.00 Certified Check $1,750'.00 Bid of Geo. A. Harrop. 24 inch vitrified pipe sewer, per lin ft. 12.00 20 inch pipe per lin ft. 5.00 18 ineh.pipe per lin ft. 4.20 12 inch pipe rer lin ft. 3.50 10 inch pipe per lin ft. 3.25 8 inch pipe per lin, ft. 3.00 6 inch pipe per lin ft, 30 'inch ring Double Segment Block. l0.00 .00 36 inch per lin ft. 9.00 30 inch per lin ft. 8.00 Manholes per lin ft. 6.00 Storm water inlets, each 10.00 Manholes curbs and covers, each 18900 -Retaining wall 500.00 Certified Check 1,750.00 Bid of be $. Webster. 24 inch vitrified pipe sewer per lin ft. 5.40 20 inch vitrified pipe sewer, per lin ft. 4.90 18 inch vitrified pipe sewer, per lin ft. 4.00 15 inch vitrified pipe sewer, per lin ft. 3.30 12 inch vitrified pipe sewer, per lin ft. 2.80 10%inc-h vitrified pipe sewer, per tin ft. 2.30 8 inch vitrified pipe sewer, pr lin ft. .80 30 inch vitrified pipe sewer, perlin ft. 7.00 36 inch vitrified pipe sewer per lin ft. - 9.00 Reinforced concrete pipe. 30 inch sewer, per lin ft. - 7.00 36 inch sewer, per lin ft. 9.Q0 Manholes per ft. 6.00 Manholes, curbs and covers, each 18.00 Storm water inlets, each 9.50 Petaining wall complete 800.00 Certified C%eek $1,750.00 Bid of Mc Hugh & Cole Co. 24 inc'o. vitrified pipe sewer per lin ft. $4.00 20 inch vitrified pipe sewer per lin ft. 3*1 18 inch vitrified pipe sewer per lin ft. 3.00 15 inch vitrified pipe sewer per lin ft. 2.25 12 inch vitrified pipe sewer per lin ft. 2.00 10 inch vitrified pipe sewer per lin ft. 1.80 8 inch vitrified pipe sewer per lin.ft. 1.60 6 inch vitrified pipe Sewer per lin ft. 1.40 Segment.Blook Robinson Clay 36 inch seder per lin ft. 6.80 30 inch sewer per lin ft. 6.25 Manholes.per ft. 7.00 Manholes, curbs and covers, each 18.00 Storm water inlets, each 24.00 Lamphole complete 6.00 Retaining Wall complete 350.00 Certified Check 31:750.00 All bids were referred to City Engineer for tabulation to be re-.��orted on Wednesday August 30th.9 1922 at 7:15 P.M. Plat of Studebaker Place Second Addition presented to the Board with dedication and referred to the City Planning and Zoning; Commission. Partial estimate allowed Jesse A. Barnes Contr. for grade, curb and Falk on Scholum Street at ......... 3327.25 Partial estimate for Pavement on Malin Street allowed to the Williston Construction Co. at.....4P...36,019.02 Partial estimate allowed Heim Construction Company for grade curb and walk on Wilber Street, at ..... $644.15 The following communication received•from the City Attorney read and placed on file. August 28,1922. Board of Public Works, City of South Bend, Ind. Gentlemen:- T have been asked by the Clerk of your. Board to clear up some dout,-ts you may have as to the proper time for filing a remonstrance against street, improve- ments and the duty of the Board with respect to such remonstrances. There.are six steps in the proceedings at which the property owner must be heard: First, A public hearing after the passage of the preliminary resolution. At this time no written remonstrance is necessary and the Board has the pryer to disregard all protests. Second: P^ovision is made whereby a majority of the resident free#olders r,�sy petition for some kind of pavement other than those designated by the Board in the preliminary resolution. If such petition is filed, the Board must modify the resolution to include that kind ofopauement demanded -and see that plans and specifications there- for are oreoared and filed. Third. Eighty per cent of all owner of real estate subject to assessment for a street improvement, may file their written consent to the construction -of such improvement when the total cost exceeds fifty per cent gf the value of the property to be assessed. Fourth: "After t'e determination by the Board of the amount of special bene- 1"its which will accrue to,the property liable to be assessed on account of said improvement, said. Board may hear, confirm .modify or rescind said preliminary resolution If -said preliminary resolution is modified or confirmed and said street is finally ordered improved, such final resolution shall be final and conclusive on all parties unless ten days after the ddan named for hearing upon said preliminary resolution, a majority in number of the resident freeholders on said street _shall have remonstrated against said improvement..;..... -.In the event of such remonstrance, the improvement shall not be made unless specifically ordered by an ordinance within sixty days thereafter, passage by two-thirds vote� of the Council and approved by the Mayor". This is the only remonstrance provided for by the Statute and if such remonstrance is filed the Board has no further jurisdiction unless the work is ordered by Ordinance of the Council. Tue Fifth** Provision is also made by which 5 majority in number of the freeholders residing on the street to be improved may by petition, request that said street be improved * lhh a different kind of pavement from that designated by the preliminary order'of the Board. Sixth: °A right of appeal is given. by Whi6h-the property owners may file with their objections to the improvement and these objections are certified by the Clerk of the Circuit Court for determination, I have set out the foregoing steps in the proceedings for the pur- pose of showhng the difference in the character of a r monstrance and other papers that maybe filed with the Board. Again, let me emphasise that there is only one remonstrance provided for and that is to be filed within ten days after the day named for hearing upon the preliminary resolution. L•WH--FRS. FILED - Aug. 29,1022. BOARD OF PUBLIC WORKS. BY L. B. SLAUGHTER President. Respectfully yours, L. W. HA1,2 OND, City Attorney. A complaint having been received about gas lights not being cleaned and burning at nights°received, and the Clerk instructed to notify the Caretaker to give these lights the proper attention•. - Estimated cost of gravel roadway on Huey Street from Lincoln Way West to Elwood Avenue filed at..,..,.,.$l,065.00 Estimated cost of pipe sewer improvement on Scott Street from. Indiana Avenue to T. H. R. R. at.....,41,360,00 Permission granted the Chicago, South Bend & Northern Indiana Ry. Co. to reset pole at 756 Portage Avenue. Estimated cost of pavement on first alley east of St, Peter St. from Jefferson Blvd. to First alley north filed at ...... $1,372,00 _ Petition received for light at corner of Cottage Grove Avenue and Oak Street. Referred to the Pole and Wire Inspector. Bids were opened for remodeling of the City Court Vault in the besgment of the City Hall and contract awarded to Herr & Herr at price sub mitted i n bid as follows:- I PROPOSAL 73245 ° Submitted to Board of Public Works, South Bend by The Herr & Herr Company , South Bend, Ind., for THE ART METAL CONSTRUCTION CO. Jamestown, N.-Y. Covering proposed Metal vault Equipment for the City Clerk's vault in basement, in accordance with the proposal and the Terms of delivery. F.O.B. erected. Terms of payment Net cash"upon completion of work. -" Shipping date 45 days from reee i t. of order. Note: Erection cost is based on work being done during re uar eight hour days (Saturdays included, except where Union Labor is required. For work done before or after these hours, on Legal Holidays or Sundays an additional charge will be made to cover the extra expanse incurred. Submitted August 16,1922. track. SCOPE OF PROPOSAL: New document Files, Roller Shelves, Ladder add DESIGN: Document, Files and Roller Shelves are designed to be placed in present case furnished by the Art Metal Construction Co. under contract #9413. The location of the new work in relation to the old isslzown in detail n the accompanying blue print. In order that the roller shleves-shown may be the same as present roller shelves, a filler of 2-7j32" each side of the 12-document files adjacent, is used to cover the waste space. This equipment gives 69 add additional document files and 1,5 additional roller shelves: LADDER & TRACK: The wood -ladder and steel track are designed to be located as shown on blue print, and attaches to ceiling.. FINISH: The finish to be same --:as old work.' HARDWARE. The hardware to be brass finished oxidized green brass to match finish of hardware on present work, APPROVED Respectfully submitted by THE HERR & HERR CORD' ANY AUC�,29, i922. � BOARD OF PUBLIC WORKS. BY H• 'E. HERR, Sec' y. BY L. B. SLAUGHTER a President. G Wednesday July lgth.,1922. City of South Bend, City Clerk's Orrice - Soutin bead ,ilkiies aa. Gentlemen:-- > Subject: Bid on Steel Filing Cabinets for vault in basement. We agree to furnish, deliver -and install at such a time as designated. the following steel Sectional Shaw-4alker Filing Cabinets for two' hundred and seventy .:five dollars 0-$275.00) 3 roller shelf book sections, 9 roller shelves in all. 9 jacket File Sectiozis +5 Jackets in all sections. 3 Removable Tops to fit these Sections, These Steel Files will fit on top of the present Files in the vault abd being stock sections thep ca`n-be added, too or removed from one place to another in -the event a larger vault is ever built. Built by Shaw -Talker Company a reliable and a Leader i�: the manufaeutre of Filing Cabinets theli can be duplicated at any time in nears to come. After a careful survey this arrangement is,the°most practical for the filing needs of the City Clerk's Office according to our best, judgement. Very truly, youe41 FILED AUG. 29,1922. J. C. GET2 BOARD OF PUBLIC WORKS The Tuttle Corporation. BY h. B. SLAU^HTER President. Mite fol owing resolution adopted by the Board. LOCAL SEWER IMPROVEMENT RESOLUTION NO. 10570 Resolved by the Board of Public Works of the City of South Bend, County of St. Joseph County, State of Indiana, That tr.: construction of a local sewer, in- tended and adapted only for local yse by the property holders whose property abuts thereon, ind not intended or adapted for receiving sewerage from collateral drains be and the first alley west of Scott Street from Colfax: -Avenue to La Salle Avenue as follerws, to -wit: - Beginning at the intersection of the center line of Colfax Avenue and the First alley West of Scott Street; thence north along the center line of said alley to a point 100 feet south of the south line of La Salle Avenue with a ten (10) inch vitrified pipe sewer, together with the necessary man holes, storm water inlets, conduits and chouse connections to the curb line along the line of said improvement, all as is more particularly shown and all in accordance with the platss. profiles, detail drawings and specifications on file in the Office of the Department of Public Works of the City of South Bend, Indiana. 4�k1 gl id sewsr, wait 'it�APp*r0nanem shall be constructed zn aeeord�a�ce with the prQiiit and sReciii6*t awe 0€1 file tw the of$�,4 :tmeat of Pubic worhs of ;,aid City. The cost. of said irtplttveazient *tali be apportioue4t aget� in& pafA �y the property holders, whose property abuts tiiareon, and upon the Cttp at Oouth Bend if the City to 'benefited ty said imerovement, all according; to the method end manner provided for to Act ot'the General Assembly of the State of Indiana, entitled "An Act Oancerrli=;g Municioal Corporattw%" °:ilproved March li, 1905. Assesszrents. if deferred. are to be paid 'n te-� aauai a=ivai .nata,llmeats; w h in- oreot at the role of Six per cent per �annr:na. A bond or bonds shall be issued to the contractor In payment for -'?zch worst, unless the .•p ogerty ow-=,sm p: v said assFs= gents bef;)rp .said ho-ld or bonds are issued. Under no Flrcurartances shall the Clty of South. Bend be or be iieid responsible for any sum or Gums due from said prop - Arty owner or oR-nei,s for sefd work. or for the collection of sa-*in. or fo, the payment of arl, bond V bonds, cartif into or certificates, issr sd to w► ld contractor in a *Ment fcr such work. except for such. moneys as shall hay® been actually recetyed by the City f-�om the rise` :.zeta for such imnrove..,.aent, or such moneys as said City to by said -hove entitled Act required to pay. k} Proceedings had, and work done in the inakin-g of said iiizprovemert, assessment of uroperty, collections of as,",s_ en and issu.P.nce of bonds therefor, shall be as Provided for its sold above entitled Act. � �h• Au Ust 1922 Notice of this reset tioa steal .be u 1' the ....---.-day of--.------_.�.__ _.-._... .................and on f-tia ...=.6i h._.....,. day of- ... Gp t!?At . .. , Ea the South nano 33aily i� e n '�,N11 eve & hoaring on this resolution at its dice in the City H 11 on the------2E} *_..W. _day of........_--- e.Z+......> to ... .4,.?., at 7:15 P, X. '-A.q,4t60. thid......y.ih...` ...tiny cb.............1�i11gU.�'�e-._��22a._... ...., 34......,... L. B. , SLAUGHTER BOARD OF PUBLIC WORKS L. P. HARDY Attested:- Clerk of Beard. ALBERT F. HONER Veronica C. Sweeney The following bonds and contracts appro ed by the Board. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 24th. day of August 1922 by and between The White Construction Company of the County of St. Joseph and State of Indiana, (hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the " City"), and under by by virtue of an Act of the General Assembly od the State of Indiana entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the eontrae or covenants and a-rees to construt pavement on Dayton Street from Miami Street to Mumford Court, in the City of South Bend, Indiana at and for the -following prices:-- 363 cu. yds. grading per cu. yd.00800..0.00......$.95 2 storm water grates, each 12.50 64 lin. ft. of 8" conduit pipe per lin ft. 1.00 4 inlets reset each 3.00 53 lin. ft. of marginal curb perlin ft. .40 1 manhole reset, each 3.00 1664 sq. yds, of asphaltic concrete pavement using Mexican Asphalt per sq. yd. 2.52 and tQ pp all ail work in the px-c>seCutic,A of said impt-avement under and accordinZ to the terms a E ►zlA 1 022 adopted by the Board of Public TN arks R l b`e2 s '�d tft pads, f>it iid sp tfzr 4xnrs cn file in the office of the Department of pul;lic Worizs, vy i�c.ii said tpboi fl�flr ;ta b, {�rt�lit alid speeiiicatiens are made a part hereof as fully and,effectually as if copied and got 04 herein at fuh length, The ryUiitrwr;r,, fuith.er expressly covenants and agrees that in the, prosecution of swirl work all proper hkitl and f% e fll hb exercibLd; th :t he -v ll properly �� _ a1-.1 p-.ot-c all excavations and dangerous places, bi tl /lei ese till titre and proper prNca. ttion to prey s t injury to pry person or prnn=rtv; that i-i thoA eve;it r hey injury or dii;trta.mr, resultitid from the i �-' or resu`i ra >_ 3 n ?. ; rron; a-ly *^ tter or thing connected thereivit' S or c.risitlg therefrom, to any person or property, he i-.ill poly anfl licj,iclate the .same at his ovn expense, and as- stinn 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 said v:-ork or its construction, lh, said cof►tt'actcrr will at his or�vn expense defend the same, and N iil pay any judgment recovered therein, and wi`in all respects fully inderrinify and save harmless said city, its officers, a*; rats or representatives from all cost. e lac .se, payment or judgment recovered in convection v,,ith-such claim or claims, action or actions. Ar,,d 'f -Within ten days after any such a tiou is bc:�uu, t'ie ;.ity shall notifv the contractor of the Pende."cv ther- :;f, t'h,-,n afAy iudg lerit rendered ai min L the oily shall be c:i. tc !usive agdl[lSt the contractor and against the Billets' er1 his c,.;aatrQctw a b,;_:d, as to the ,x..: _. c, li � ._ 1 c s .._.t• ors pert inirg thereto. And 1he cor:cracior afrrcrs to maintain said inl;;rov,e'fiwnt ai,-' rCpaSTS 'eL5 ria. . the period and in the manner as fixed by the spPciScatihns, aiid to se.c,-:re the raaintenance andrepairthe:._;i t® file with the Board of Public Works a bond with sufficie�zt surety thereon and in an amount as fixed by tl:e. specifications. And in doing such repnir work the contractor and the surety on his guarantee bond' shall be subject to the sai.c liability to the city and any other person for any injury, or damage to any pers gin, or prep t. erty in the same manner and to the same e.aent as is fixed in the last preceding paragraph covering the can struction work. And it is further agreed by and between said partiI-es that the acceptance of the work provided for in thik Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the proves 10118 of this contract, nor shall it release said c.. 2'_ractor or the sureties on his bond for the faithful perform :. ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision rf this contract, except tQ the ettent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor -and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate: in favor of the contractor or b;s -assigns, or out of the amount due him or his assigns upon the completion of the work, so much as may �cessary to pay all laborers or material men for amounts due them fdr work done or materials used or iurnished to be used in the performance of this contract and the doing of paid work, and the County treasurer, actil' as city treasurer•; may retain money collected from property owners assessed for said improvement to pay such debts or, until the contractor shows that they have been paid or Satisfied uescLay August eyln* I The alrU>S'>ish,eartb ujjdsp_4 Jra:terjJ jim Ote ypon the porople rojj,.of the: j, r�� pn V ring therwE t, **' . , f - � at- �t t)-il tit 4, &A ;-1TP;f9*-1ne-t1t ShAt b� c4maleted according to 'ht tt t , , -, -464 - N t rr of h1l vn. �NAI ..... ------ lay r4010 f-ti lot' ihi,&mpfrf i")11 of the biai�-#, shall. he extended in writing by the Roard at P0114, Warlm �itojf to Opeotl thpLf,piy toj�h elf-el,46ft 0" of any'alteration of this ccr.tract or of the RAWWU OF Illet-11* 644 0 -4 bb'eh wtork §611 iti ilti wily affiset the duties, obligations or liabilities of the coutractor or hia owo- IN O.UltPA f6t ttt'p tuiv+rat-ttir shall tint ossign this act,. or sub-let.the work or stay partAlwaclof to 66 dulit, hifL,"tildel" W011(ji-4 f�� "ll co_�_Vt outhe, L,.,--..rd of R-I.-)1;c Works, It lb filafint qtcod �ii;A stioLilah.4 1%, cn,,itractor shall g,--,e to residents of s-aid city Rrd ptfifmft"t Iti the &Ivloyrevrrit t�f nil tafDcr necz,,'sary in the performance of this coatrrtct,and failhig to k� I >io, OW1 Itidbit tb the cftthe buni of ten colla_-a for each fai!,-,re to observe this stipulation. AM fo upult th Plarrmatte of all the terms and conditions of this contract, and things to be dorAo toid rbrhjvl-Itd by ItIld 1docausetrat"for the said city agrees to case the cost of doing such work to be to)- ikatttl MAO pall tU halld. 16witrat. tok- InAhe thanne. r fixed by the statute governing the making of such fwyroya-�, ro mth bt the i(OtAtIolla litid 96pUlation% of this contract, including all and singular the provNions and twt�g d -Clio plant, profile, bpeelficatiora w-.d resonation aforesaid., thin uridersig.i�d bliAd& hi'ALIWX or itself, 0a tlit v-�pbetivo aueetsior tar ftss4,rq_q of sw-h nirt-eq. IN TESTIMONY WHEREOF, We, the foregoing hazed parties* hereunto set our h%nds this 24th. day of August 1922. CITY OF SOUTH BEND, INDIANA. BY L. R. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works. THE WHITE CONSTRUCTION CO. BY M. E. WHITE Pres & Treas., H. B. DETWEILERj Secy. Contractors. pre-=,nt& That we------- --- Tb --- Whi-L_ejCQ_TM:Lructi0_n ... Co. _2 C—inty ------------- .... St to OL ---- as princt- -ryland, (A Maryland Corporation __Company ... Q_f ia re AIIAT 9 Me - - - -------------- - CE�!,e co, city of ---------------------- - ------- - -------------- - - - -- - ------ — ------- and Statp of -------- - - ------------- - ----- _ ............ .. ............. . a3 sureties, are held and firmly bounct to the City of South Bend, Indiana, in the sung of ----- T-wo,46hoas"d ------- - -------- 29331-09. 1,—, the payment of which, well and truly to be made, we ointly,and several' C, i y bill(I c_tcutors,-adminstrators and assigns, firmly by these presents. I krrl corlditions, of the obligation are such that if the, above Tie y[klte Construction C made and entered irA6 fl_:� - - - --------- . ......... .. 4- of----------- ------ - Z- fulfill a with the City of --'outh Beend, lridi�l sb.,6 - --------- -Ythe conditions ant stipulations dierein cait-ained, according to the':rue intent and th- --cof, in all respects, then this obligation to be void, othcrwtsr to be and remain in fiall force and virtue in law. in the evei-: the said City shall extend the tune for the completion of said work, such extension shall not in any, way release the sureties on this bond.. This shall be a construction bn-fl, and irb on the same shall not _(- s a e'l be held responsible for the maintenance and repair of the improven!eii-c af-(,r it lwis been accepted by the second party, but such sureties shall be held responsible for the fait?4ul conipliance with all other ccrdFfions, stirtilatiors and requlrer,,antq covered by or set out in the contr---.zt. WITNESS our hands and seats this --------- 24joh — ------------day of.-__ -------------- _-AUg-US1,--l]92?_- 19 ------- - Wenze 1 -.(SEAL) _THE. WHITE CONSTRUCTION ChEAL) - - ------ - --------------- - ---- -- ---- TITE-_Ffii§ ... Y"TiF as. E 9 79. WH - - -------- - ------------- - -------- - ------------- - ------------ - ------ imiui B.�,_ - C1--see 1d The abov - e bond approved this? MARY AND C SU.4ff Ompki� 9th. day C -------- ALFRED- - A---- MILLER _.-----L,-B.ST,A11G1JTER Its attorney ift fAct. Le P. HARDY ALBER T P - HONER Board of Pub,111c Worl,:.% PUBLIC IMPRO17EMENT CONTRACT. This AS reement 9 Meade and entered into August 1922 by and between The White Construction Company o Joseph and State of lindiana(herainafter referred to as the Ciy of south Rends in the County of St. Joseph, and State o its Board of Public Works (hereinafter referred to as the of an act of theGeneralAssembly of the State of Indiana, inf Municipal Corporations," approved March 6119050 and all ^Cs ChA"ACn:_ this 24th. day of f the County of St. " Contractor"), and the f Indiana, by and through City")# under and by virtue entitled " An Act Concern..amendatory and supplemental Witnessetht that the contractor covenants pavement on Milton Street from Miami Street to Mumford Ct. in Bends Indiana at and for the following Vrices:- 410'ou. yds. of grading per cu. yd. 4 inlets reset each 53 lin. ft. of marginal curb per lin ft. 1 manhole resets each 1693 sq- yds. asRhalLic concrete tavement usi g Mexican a p and agrees toconstruCt the L City Of South $.95 3.00 .4o 3.00 2.52 og to V#rldfili all Wo€k iti the, proftention of said improvement under and acc9rdiagft ftt I_ = &nd am. dit#do-61 Improve; itf 66 iffloo No. .1023 -.--5 adopted by the Board of Pufac _ t � 1 22 ahilthi-heats, Profile di4 o0cificatfons on file in the office of the Department of f'utalic �o S� wh c� staff IUEil01614 plate, profile titid specifications are made a part hereof as fully and effectually as if copied att4 sa OtA herelit At hill, 1e119th. ` ho e€7tistt"tdt Itirther expressly covenants and agrees that in the prosecution of said work all. proper 5ltill and ear@ t-411 be. easrelatd; that fie ""il prop,ar`v *> s=-cl F 01—t all excavations and dangerous places, sfid,oilit tit@ ail dime atid-pro er recailtion to vrevc..t in ury 1�o iry person or F o ->rty; that in the Event -ol Ali�y 1filtif ter ctsnts.€e e stilt ii Tom th9 i�t�r, or res++I*trg from; n--v matter or -thing connected therewith or ist£sitsg,. thereffpfhs fits any perfit 0r property, he r-, I ray and lid ,idate the s2me at his own expense, and as- f4the the ilshllity'therefor; and in the event of any clairi or claims being made or any action o* actions beir+g brotight dtslfist -the t ity.hy rea8011 or On a.cdour,t of or growing out of said viork,.or its construction, the sa,d flitai for will st'his dwn expense defend the same, and pay any judgment recovered therein, and will in l trspetu fully Indemnify and save haimless said city, its officers, agents or representatives from all cost, tr,3ft dsts�, l ittCiit ®ridgtiisstt r vexed in connectio:IV with su:'.i claim or claims, action or actions: And f iitl tdhsys afldr soy anCtt sie1 is begun, the city shall notify the contractor of the pendency ther ^f, tli�N a#ij� 1it1p,�meii$ rer�de�red:40iu9 the city shall be conch: a against the contractor an(tagainst the purety till lily iedtibttiietitsrC 6ttt, ad eft 3moitnt; liability and oti,er matters pertaining t#tere'to, cqn tractor agrees to maintain gaud improvement and -take such repairs as may, be necesss xy, _., A-i `'tbi ,O �a e-'a flyh 'tlk€csioacifications;, and to secyii� thy. xna, naace_ and R.epa. thereo � � �>i .� cSi le at 1 Riat � its? i sufi%`cd ela#a=4, t ereon• anti in ap ax qz as xecji byi the n tl �s�rn rear a ��©rest.,Ie 00 Lip :. � Ord' ifmarty` qt � -P�-op=. f i itslumd in # Ism ; _ - > me'em §7 WA 1 t<� d rart the *Mptautt oftho w4h ► mom ft #A 0* # - r4&t it pht4`,01 aff rM. *�"titutc a waiver on the putt tblt th � [A V. �i- 'Hot f l j 4 3, f ?:a s440 grWractor or the sureties on tits bohd t l tb P JiFFe PA449 Me prium facie evidence of the perfuritimee W it t 0 '_Fpt N V 9 64R 10 97140111 t1w. contractor to the Contract price therefut, k f F 11. f1�FM l9 PRY fP , ai1 abor and materials used or furnished to be timed I ll df tho To { a.: If ifi th 0,013FMenoe of. thi® contract, whether done or furillobed (h1 lul l h 10 6 Mfi §19F 9f #nd tho City may: reserve out of any allowahsd owide 6t1 t 01tim0i 1`44 . igtgF FR 1-is 4941 ter out of the amount due him or his aadigile lips ll� �. TAW{ _%%A1kTy. to pay ell laborers or material i 6g, foi s �iitit t Q* +i WAW to tia used in the performatwe of this eft, 1s$�� fE i fZ i!�t£ as exty, treasurer, niay retails sri� 1 f4Ei %1 _ �,; ; *41-h debts or uutff the eotrxe r 0.1&w# jW .e CC" :L"-a c' ab.ees to remo a#i.rr�` 'slt, earth, and um, ed ii 2teri +.1 in t'.e str,_::ts or s.-?c upon the completion of the im,pi-o 2in-nt. or the repairing thereof. = The work of waling such vwprovcmem -shalLbe cc according to the ter: _, of tl.:s cont:..ct ctt cT beforethe— .................... ...... ......... .............. -- -------- day of ---------------------------------- __-....... unless the time for the completion of the sar e shall be extended in tie iti.:g by ttir 1>o .i-d of Public Works. And it is agreed tbat any such e:eterision of time; or any a.lterat20n of th's Contract or of tl c itr .t .;nee rr r ll ocl of doirig sueh,warkoehall in. no way affect the duties, oblig ties, atior:s oY liabilities of. the cr}:tf} (.tn7 or his st{t c- ,It is agreed that the contractor shall not a.sgign ,this x `ract, or sub -.let the work or any part thereof tc, withort the written coca.;nt of the b::.::rd of Public Works. It is further, agreed and stipulated that contractor shall give to residents of said, city and iu the employment of all labor necessary in the performance of this contract, and failing to d.) so, is i:,, t,-it to the city the sum of ten dollars for each failure to observe this stipulation. ' Aia(l upon the performance of all the terms and conditions of this contract, and things, to be done and pci fort- ed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lectc.?4 rUtd paid to said contractor in the manner fixed by the statute governing the making of such improve- %ts. To each of the Conditions and stipulations of this contract, including all and singular the provisions and temas of the plans, profile, specifications and resolution aforesaid; tho undersigned binds hiinself or itself, and tho r;.=pective Successor or assig:ts-of such.parties. IN TESTIMONY WHEREOF We, the fak&ggoing named parties, herfunto set our hands this 24th. Aay of August 1922. CITY OF SOUTH BEND, INDIANA THE WHITE -CONSTRUCTION CO. .BY L. B. SLAUGHTER M. E. WHITE L. P. HARDY Pres. & Treas. ALBERT F. HONER H. B. DETWEILER Secy, Its Board of Public Works. Contractors. CONSTRUCT ION B01-M I qur 01 mr:3 by tLc_a g,eze-rits. That we._ ion......tC.�..ie............:.....,M. of the County a - State of Tye_ as rinci-' pal, t.nd ._.___ .o Bald.law r_e,._�►dar�t l s.n.d...� A...Ma��cland Co.rPoration0 of the County o£�_�___ and State of ______............... ........................... ......... eo --� as sureties, are held and firmly bound to the City of South Bend, Indiana, in the stem of..,..TER_thousand _urea liundred fdl"iy six ___Dollars ($ 2046,Og. for the payment of which, well and truly to be' made, we jointly and severally bind ourselves, our heirs, e -cecutors, adminstrators and assigns, firmly by these presents. T ie conditions of the obligation are such that if tha above named _-_M_----------------- The --- Whiff;e--- Do:ns_,r-ua_t._i=__Ca,r--shall faithfully comply Newt' the fokog6liia e€i't?tral% made and entered into the --------------- 2-.lf.MI--------- ----------- da" of .......,,,,., 1uit'n the City of youth Eer_c% Indiana and shall fulfill all the conditions a'nd stip�zt& tfieieifi coiifaifkd, according to the true intent and mea,iing the-reof, in all respects, there this obligation to be v6A otlierivise to be and remain in f-111 force and virtue in law. In the eve:. the said City shall extend the tithe fnf the completion of said work, such extension shall not in any way release the sureties oil this bond. This shall be a construction bond, and the sureties on the same shall not be lief$ fespoiisible fbt the iiiaintenance and repair of the improvement after it has been accepted by the second party, but Stich sureties shall be held responsible for the fait'-{ul compliance with all other conditions, stipulations and requirements covered by or set out in the contract. • , '11tcJ L iitS dIS uS., .. 9-__-- ._ ..__@ENZE ..oCO.(� e, -_.----------------.t C. R. WEISS H. B. DEMILER, Seey. --- -------- .................-----. �1..-__.^.___....._.................. � IIAPYi:,AND_`RASUALTYUCOMPANY ER 1. e a ore b �d approved this---.._..-..2�1t�,,!„ .t���',.�1�'�� F' E I . S��o &y' in, fact. August 1922. .L..•e P. HARD_ Y HONER PUBLIC IMPROVEl1,sENT CONTRACT. This agregiment, made and entered into this 29th. day of August 1922 by and between Thomas Williams of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and'the City of South Bend, in the County of St. Joseph and State of Indiana, by and through its Board of Public Works (hereinafter referred to as the " City") under and by virtue of an Act ref the Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 691905, and all amendatory and supplemental acts thereto:- witnesseth, that the contractor covenants and agrees to construct water connections on South M>exdx Michigan Street from Donmeyer Avenue to Chipeewa Avenue, in the City of South Bend, Indiana at and for the fallowing pricest-� 44 taps on long side, each... $38•L5 24 taps on short side, each 25.30 of said irnpro,,-c- :er t under and according to the terms aixl cetx* r itt ,1.5 , e 7. r pr , /r.i1_ent 12..sol ;tso ?ao.------ adopted by tMe 13card of Public Works.., J l t 1 419 22 ar. i tkp'anrs, pro{ e :?.wd spot ,f, do (jr. tilt in the of'!;ce of the Depart_ =t of Public Works. wbieh said rc:r,r,jutic;r., rlaos, t,,of le arid st,t_ciffcations a.rt rnade a part hereof as fully and effectually as if copied and sit c;;,i; at full length. :;<; r r;z,fr:3.cf:or further expres ly;cc;venarts and agrees that in the prosecution of said work all proper shill and rare Will b,: e;cercis- J ; that he 'rill properly _- a.rd r..o`^ct all excavations and dangerous places, trd willuse; atl clue ar_d proper precaution to prey vt inl'--trY 'o-%.r'-y person or property; that in the event ,)f c i 4l m — t a a r n ,^tF +{ ii,lly ]rl�l:ry OT' +�arr!. �. t?-t. I"ci ill ting from the R+�r.: Cr re.. ;..1,.'�'� Eton= a"'.Y —atter Or th-n� ,.C..n. .. d th('.ri.�t'i :=n Or arising therefrr�rr,, to any person or property, h^ v< 11_ p-_y ar-t lic"idat� the same at his oven expense. and a.s- suine the liability therefor; ind in the event of any cl.airn or claims being made or any action Or actions brottl,ht against. the city by ieason or on accca:-_t of or grolving out of or its eon,_traction, h,, s I c�nfiractor gill at his ovm expense defend the same, and will pay any judgment recovered therein, arrd t-v±'' iri all respects fully inderrinify arid save harmless said city, its officers, agents or representatives frorn all cost, expens(,, p4ltient o_ judgment recovered in connection with such claim or claims, action or actions. A- 1 f within ten days after any such action is begun, the city shall notify, the contractor of the pens? cy ther A, th._n auy jtul r.:ent r rcdered against the city sl a.11 be couelasive against the ee:itractor and against the surr.ty Ga Ili;! C. L::,elUk-,LiU.L W- J.:d, as to th- an.,+__ t, 1`s�_':lry "aid of er niatters pertaimn- thcleto. And the contractor agrees to maintain said iinproaemcnt a .a 4:.a..e such rep irs 45 Ma), the period and in the manner as fixed'by the specifications, and to sect re the maintenance and rep4r,_ thet_s, to file with the Board of Public Works a bond with sufficient surety thercon and in an ainotint as fixed by.• the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be - subject tothe sane liability to the city and any other person for any injury- or damage to any perg-!a or prol3_ erty in the same manner and to the same extent as is fixed in the last preceding paragraph cove -ring the edit= struction work. . Aud it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city (if any of the ptuvis- ions of this contract, nor shall it rtlease said contractor or the sureties on his bond for the fa:lthfut perform- ance thereof; nor shall the acceptance. be prima facie evidence of the performance of tiny 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 the making of such improvement and in the performance of this contract, whether done or furnished for him,- or his tt.gent, assignee, successor or subcontractor; and the city may reserve out of a,ny allowance intide on any estitna.tt: in favor of the contractor or-1-- assigns, or out of the amount due him or his asgigng upon the completion of the work, so much as ma}-cessary to pay all laborers or materiat men for anioutits due them for work done or materials used or, furnished to be used in the performance of this Contract nd the doing of said work, and the county treasurer, acting as city treasurer, t-.iay retain riioncy colh-ctet from propertq owners assessed for said improvement to pay such debts or tarsi-1 the ec._::.tt:;r sl`.ovig tN t they hays been paid or satisfied i:,e co.,r-a- c:7 aa,ees to remo- e ail rv5'_,:3h. eartlr. axed waterial in the streets or sid--s thercol. Upon the completion of .the .irt°tproucinz tt or the repaning there -of. The work of tmtking stick improvement shall be completed according to the terms of this contract on rr 19 ......... untam the time for the completion of the sane shall be exter4ed in writi_,g by the Board of Public Work. tld it is agt et=rl that any such eittew4on of tirntt, or any alteration of tt,;s contract or of the manner or mc;tli- tftl of tlttirig ovcii work shall in no way'affect the duties, obligations or liabilities of the co atrector or We sui,Q— 1t is agi,-cc.cl That the contractor shall not assign this r�- -ract, or sub -let, the work or any pert thereof to bb d.titip herr:lrrtrler, 'withov# the writ -`en of the b ;:ard of Public Works. 1t is further agreed and stipulated thst t%— contractor shall give to residents of said city and cc+•sr-tty prreftrtntt in the employment of all labor necessary in the performance of this contract, and failing to d.t so, 6611 forfeit to the City the sum of ten dollars for each failurb to observe this stipulation. And upon the performance of all the. terms and conditions of this contract, and things to be done and ertirormt=d by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- e-atA KU paid to staid contractor in the manner fixed by the statute governing the making of such improve - To with of the tondifions and stipulations of this contract, including all and singular 'the. provisions and ttm,t! of the plans, profile, specifications and resolution aforesaid,, the -und.=51gncd binds Iiii.iself or itself. t►ud Crva t ii. pective successor or a.ssigrrs of such parties. In TesLim®ty Whereof Wq, the foregoing named parties, hereunto set our hands this 29t .day of August 1922. CITY OF SOUTH BEND, INDIANA. THOS WILLIAMS BY L. B. -SLAUGHTER Contractor L. P. HARDY ALB RT F. HONER Its Board of Public Werrks, o a Petition filed for light, at the corner of Cottage Grove Avenue and Oak Street. Same read and re►ferrocf tv the Pole and Wire Inspector for report, Petition filed for grade curb and walk on Robiinson Street from Dayton Street to Kline Street and cutting through lot to Robinson Street. Same. filed and the property owners on Robinson Street were advised to see if they could purchase lot for opening of street. Attes t Clericnr Board, _I? Pres dent