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07/15/1919 Board of Public Works Miniutes
Board met in rsgular secs ion at 10: 00- A.M. All members prevent. Property owners ress id iaeg on Fox Street and Dobald Street - sppeared before the Board. and complains' d about the c and it ion of _ the alley be iag "washed out,- setae tcaueed by Bowman Creek being diverted some time ago. The Board decided . to order res olut ion 'prepared .for Ahe atraighten.ing of Bowman Creek between Donald and Fox Streets asp it was orig*ally flowed before ,the . same was f illed in and water. diverted, , ..W slsck that t Clerk instructed to notify City Attorney T. ,; Board reeommcsd that . he file suit against the present- owners of property on the part of the C ity, , f or, damages, done to the alley. v_ C lty C iv i1 Eug ineer P ileci ;the "f ollowil' g eat i*ii Lt'ed 'o,osta .. Brookfield Street pipe sewar.. ...:... , 250.00 Michigan Street from, Ewing Ave to Pairviow,$2Q,Q0(T..Qo Navarre Street, pavemmnt... ..:"... , ... T _b 5.00 • •• • 7 Part ial eat imote allowed L H. Webster on Linden ` Avenue pipe newer f or the amount of..:..:..... $19414: 27 . John Ksstler appeared before the `Board a took up matter Of loe.at Ing tape as follows:.. Unable to locate :tap at 514 South Carroll Street, property owned by John , Rousxh, , the. ,Bo*;rd ordered Same pl*eed at ' ........425. 00 Mr. KestlIT to .tamp the ditch well and pavement to be relalc by .the Street Departmejxt. (Mr. J. W, Files reports that there is tap in, `but not lat .curb$ - The Bosaird grantei permias ia3rs< � to -John Kestler to ;put in /taps at Northeast—. 0 ors'er of Carroll Street and Monroe Street on Mrs "Cather l le" Jal kio'n eat, ate, Ai he was `unable to locate tap at said place. CosiplditQt reee ivr'd about defective dr ivew*y iid °a ida"Ik at southwest corner of Chapin Street and Dumahm Street. The Board. ordered si :not'ice sent to Jos. A. Werwinski to have same repaired or the City would do sso under Various Streets contraonct.. 01 0,_ Complaints filed •ibouit " t following poles and re°ported• b'a;'- O by Pole and Wire inspector. Pole at rear of 234 Clip Street..Same ordered moved. Pole at Allen and Harvey , treet, the Board ordered a new' iron lamp post placed here. Pole at 236 E. Paris Street. Saute ordered movedi P®le on Wenger Stree and Neit$el Court between Fellewe Street and Rush Street. Same ordered moved. ° The Board _ordered 80 C. P. lights placed on Anthony Street and lat. block North of Dlvi9ion .Street, and Anthony Street- and grid. -`lley south of D iv is iwa Street, Are l ight gat Brooks' ilea.. Street and North of Lincoln Way West. Board ordered one Record , ook and voucher book from the R. W. Gaf ill Bindery Company at $25: 75 for Recorl Board and $36. 00 for Voucher Book. Communieag ion race ived fr m W. D.. Teeple Commissioner_ of of Buildings iu= regard to supply of BuildSng Code printed. - The Board ordered-W. D. Teeple to have. sufficient number priatod and figare the cost of printing per .book and charge accordingly. _ Joseph & idaryaazw 01e4n.1e ak 418 Walnut Street complained about being assessed for water tap an Walnut Street as; water tap It' t roady 1*. The Boar. `ordered refund tc 'be paid by the Water Departffien� mad referred this Matter tothe Water Department. The following commuxication received read and placed on file. Ruly 12,1919. Board of Public World,,. City of South Band; South Hendmstnd , Gexthemens•_ confirming my verbal, notTif iedt ion, of June-! 24th. , I am wr it ixg , to advise your Bbarc that it'. is -the intention 4f this company to install safety cars 6 the Waj hirtgton-UUx.i and tire' the Wichig&A Street ifnes in the City Of South Bend, . As I explitAxed to your Board the ifistallation 4f these -cars will l e for the purpose of giving .& more frvqueat service on these lines and will .be f01107ving the praet�ce' which is rapi.dily belna4.opted in tt4 l rgest cities df the Couifry.. ...... a In order to give more frequent sgtviee on the Miami Street and it will lie seeessary to 'install 'i `diii4d °ttix►a-out on Matpietts Street so that we nay havo an additional' pass #g point. As order for his turn -out has been placed with the steel manufacturers and wf hope to be able to make the, ixstallation during the month of August. As soon as the blue °nriat to prepared showing the location of the turx-out', a,copy will. be forwarded you Per yours files. Yours very truly, R. R. SYTT RRS 'a ° .. deutral Maxagsr The Board upon reg4est of W D Teeple{, Commission-or-ofBuildings _ ordered the salary of Mrs. Irvin In the BuIld.iug popartment increased to $100.00 per month bigAgiag.August 1st.,1919, Statement of Wei.. H. Burke against lire. R. C. Cerdta which was referred to D. C. Layton, Street .Vemmiss iouer wat .rsported on to the Board as 2 ollows: - tat imate on 808 North Cushing Street . job 20 ft. 1 160, C#C lir`, Burks `rofuses all compromises and says 'he Wa II colleet 00000 °from iirs.. Cordtz, D, C. Layta�.,, Street ContiseIon. ac. , The fallowing bid was rotetvei' from L. H:'Ve"'p'ster read and approvsd and contract awarded -to `hi1i: • South Bend, Ind.'r July 14,1919, 1[r, PredOlck Mderson; South HendR: Ind Do" S.i In regard to the George Wyman Cmpany _sewer. on- South Yic;higen Street to- rebuild, or lower down the undersigned will sgrae to tarnish sl1 aaterie,4 and labor, -for $4.OQ dollars p.er lineal 1166t except repl,rciug• the, pave - Mont. The exepnse of that will to -hp to the City' or the Wyman. Company to do. Yo s truly,. - Complaint about pole in the Way Orb garage at rear of 815 Park Avenue. The Soard ordered s notice "at to the fans! & Michigan Eleatr io Compd r to ra a this pole entirely. The Board instructed the Clerk to notify the Western Cwwtruatvi Company to get tk+k t olon roller rcr their k4reat work so theStreet C oomiss ioner desires to U#OL the tty toiler on. a ity work. The Board .Instructed the Street Commissioner to sweep the gravel In the space left for the Street car tracts on ;_Portage Ave Me from the `sand of the Brick pavement to the City Limits, and; t°o packL It with good packing loses or 'clay E%gneer "f filed" se°swstwent roll and final estimate for Pipe sewer on Chestnut Street from Napier Street to Lake Shore & Michigan att&-n Ry. - Co. under Improvemennt Resolut ton No. 656. In the City of South Bend, Indiana. Resolved, that notices as to -the assessment be published In the South Bead Daily Tribune, Commocaing on the 18th., say or July 1919 and on the 25th. , day. of July 1919, stet ing that this Board will give a hearing on the amount of the assessments in its office is the City Hail; on the 30th., day of July 1919 at 7:15 P.M. Resolved further, that the entire work under the above contra at be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final eatimate for pipe sewer on Fellows Street fran Alley ,north of Dubail Avenue to a point 40 feet north under improvement Resolution No. 618. In the City of South Bend, Indiana: Resolved, that notices as to the amounts of assessments be published an the 18th.9 day of July 1919 and on the 25th., day of July 1919 in the South Bend Da13ry Trlbane, .stating that this Board will give a hearing on the amount of assess - 'Monte at its off ice In the City Half on the 30th., day of July 1919 at 7:15 P.Y. Resolved further, that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Emglneer filed assessment roll; and final estimate for asphaltic .concretepavement on Sherman Avenue from Lincoln Way west to Portage Avenubt under Improvement Resolution No, 617. In the City of South Bend Ind leas. Resolved, that notices as to th¢ amounts of assessments be published for sAx consecutive days in the South Bend Daily Tribune, commencing on the 21st. day of July 1919 stating that this Board will give a hearing on the amount. of .-such ossessments at its office in the City Hall on the 30th.0 day of July 1919 at 7:15 P.M. 1; Resolved further, that the entire work under the above contract be accepted and approved and the final estimate arson allowed. Engineer filed assessment roll . f final estimate for asphaltic can- Crete paysM*nt on Eddy Street from Mishawaka A enue to Sample Street. Bridge, under Improvement Resolution No. 611. In the City o South Bend, Indiana. Resolved, that notices as to th consecutive days in jjeL South Bend Daily Tribe July 1919 stating that this Board will give a assessments at its off ice to the City Ha11 on P. V. Resolved further, that the anti aceppsed and alsprowed and the f iaal eat imate V The following bonds and e PUBLIC assessments be published Bar six- , comma lag as the 21st. day of arlug on the amount of such ,e 30th., day of July 1919 a t 715 work under the above contract be roan allowed. approved. CONTRACT. This agreement , Made and eater d Into this 15th., day of July 1919 by and between Joseph A. Luther of the County f St. Joseph, and State or. Indian& (hereinafter referred. to as the " Contractor*) and the City of South Bend, in the County of St. Joseph and State_of Indiana, by and trough its Board of Public Works (hereinafter referred to as the " City% under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations," approved March 6 1905, and all &mandatory sari supplemental acts thereto:- 42 M Cosa issued. winteseneth,;that the contractor covenants and agrees to'oonstrus water connect ions_ on Huron Stroet _from Meade ; Street to alley east of .K60cl iuszko street$, in the City of South Bend, .Indiana,, at snci for the following priew- 10 tags on the long side, I9.90 .3 taps on. the- short side,', each..'.........:«.... 16.00 .lid to perform all work in the" prosecution of said improvement under and according to :the 'terms and can. 4........, adopted by" the Board of *Public Wotltat..................:�.k., difions of Improvement Resolution No...__� .. `T�e LOW - and the plans, profile and specifications on file ,n the office of the :Department of Public Works, which 1RQ resAlutiOtz, glans, rofilb and specifications, are made a,. part hereof 'as fully, and effeetually as If copied and set out herein at Ya length; j. contractor further expressly co�enants.and agrees that ih the pros`e(itttitan of ssld Worn ail proper s1kill 04 care ..1 hp e�-ter ls_ 7, +r he .:•t. �o r .d p �, ,,, all ehcavati®ass ar�d tan rgtfs laces ttYkd ' � i15C z^ ' 1 Gl�± a , ?PT i} _I _i 't pr . i nl it to ^ :. person car 1J„w` », =y , 1l^ � t "1 }'� � $'i ?fj# 7 n e s �i , f or r f r ni ^ - +*' ^ t+.r r or th"t1 any ��Ji ry or f.,�.trit r'Q J"l� i:.g i .: i.7 Si,'� Ps 1 ;i^. J � l7 i1' arising thc-refrom, loamy per ^n or f op.rty �l +v a r tyc Coate the ss..V, ^rt+is oi'm e°p?� ,Mae, i §' eume +-he.-liability therefor; and in the e lent of, atty r.alm or cl2:im� b-img maAe or,any ac-11on er_actiprts brc,A'ght egslnst the city by reason or on a:ccouitt'of or growhig out of s-id-kvor'� 6r its c n°trizekio+�, .r s ° Contractor will at his own t4efts_ a defend the same,. and «.ill pay any judpcnesst. recovered fherein, and -ivi i i .1 all respects fully indemnify and save harmless said city, its officer's; agenti or repxesentativef from sill goo expense, payment'or judgment recovered in connection wit such claim or -efairnx;: aictid ' or a ims, A within teh days'after4ny such action is begun, tfie city shalt notify the contra.c#or of t� vvft+!;w ° then �7f, then any judgment rendered against the ,city shall be conclusive against the contractor andj1#41#0 the snrsty on, his construction boiicT, as to tb s,mount, liability and'other matters pertaining ,: - •A"tid the contractor agrees to chain to"in said improvement a d make such repair's as may be neeesssry fog the period and in the manner as fixed by the sn?ci`.ications, and to secure dhe maintenance and repair them to file with the Board of Public Works a bond i-v;th sufficient sur�ty thereon and in an amount u fixed by't speclfications. And in doing such repair work the contractor an . the surety on histtaisnt�e sotto shall subject to the same .'liability to the city and any other person for any injury or damage to.any pars; n or prop. erty. in the same manner and to the extent as is fixed in the ;last preceding parag'rsph cov�rk ''ha Cgam struction work. And it is further agreed by and between said parties that the' acceptance of the work rovided for in th , contrast, or the p�tymc.nt thr.T cf, 1hall not constitute a waiver on the part of the city Many of ttt� �roAs• lobs of this contract; nor shall it r :lea6e said contractor or the sureties on his bond for the iaitltful performa win thereof, uor shall tlic acceptance be prima facie evidence of the performance of any proviAw gi this contract, except to the txtent 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 1mprovtvwn t and in the performance of this contract, whet er done or furnished for hire, or hie agent, assignee, successor or subcontractor; and; the city may reserve ��ut of any allowance made on any estimat- In favor of the contractor or ' assigns, or out of .the amount Oue him or his assigns upon the cm-pletion. of the Zvork, so r uct, as ma cessary to p4y all laborers ozj material men for arnotsnts due titer for work done or materials use's, �srnished to be used iu the peFforrna xce of this contract and'the doing d said wort4 ar>.i me county treasurer, acting as city treasurer, may retain money cojected from property owners for said improvement to pay such debts or uuti1 the �Ustttxaetor slo»*rs that the 44ve been vaid or satisfied F1, anti_ :y cis --,A, torch, and umsed material inthe of steles v:ae#°E..a# 'rpf?ti rbf; 1'0fflV1# "q g! the fmff"6,sn it or. the repa-ring thereof. , Thi work of "miff �s�+leh #mprlvetnpnt shall be corn�e±ell � co din fb rns ®f'this contract on at- .............. lfef�+t� #hs,,,, -,a,,., :lh.a,.............. _ ..day ofr4br....................... t p'esq the tiw ftif' tl�a tompl,." to of the sa e ha' be eX* d ofu � a, 11 e � e in w t . y by the Board of l�ubl'�e Warts: ' rd 11 iA ltorood thm any Pueh Pxtewion Nf t4m -; or 3nv alt r-; ioa of this contract or Of the manner or m0h. pd Of doitiff NUCh work si 01 in no way afect the du`ies, obligations or liabilities of the contractor or his sure• list it is Kgreed that tht ;contractor shall not assign this coafra.c or sub -let the work'or any part thereof t he d®f1e hsretltidef', Witl,u+lt the 'v..-it, (m (:o:.: )f l- Board ol Public Worl It is f�rtilbr agreed ar"d stipulated t!n.-:t - con tractor steal give to `rest`denfs of said city and county KPeforellee ill the. ett►ployttiumt of all labor necessary in the performance of this contract, and failing to do so, &A forfeit to the city the sum of ten dollars. for each failure to observe this stipulation, And upaii the per ormhnce of all the terms and -conditions of this contract, and things to be done ani 01ARMAId by said contractor the said city agrees to cause the c st of doing such work to be assesoad, e 1- _ 0-tted tied 09d. t0 laid Contractor in the manner Kked by the stat to governing the making -of such Improve. �lrhtih ; WM41tions and stipulations of this contract, in lulling all and singular the provisions .atW pr(Ale, specifications and resolution afora sail the undersigned binds himself or Itself, Nh ! C+ataY MkVavuar or assigns f such in "Pest is 0 11ereo�;'"�e, theforegoing hosted part ie># hereunto set our hands this ISM day of July 1919. , JOIN A.. LUTHER CITY OF SOUTH BENDS INDIANA. BY G. A. ELLIOTT JOHN F. DEHAVBN Its Board of Pubi le hocks. Contractor. , r 43 PUBLIC IMPROVEIENT CONTRACT This* agreement, Bade and entered i to this 15th ,: day of July 1919 by and between Joseph A., Luther of the County of St. Joseph and State o!' Iztdiana, . (hereinafter referred to as the " Contractor"), and the City of South Benda in the County of St. Joseph, and State of Indiana# by ,and through its Board of Publle Works (hereinafter referred to as the " City"), under, and by virtue of` sn Act of the General Assembly of th State of Ind Tana, entitled " An Act Concerning Municipal Corporations", approved March 6019059 and all amendatory and -supplemental acts thereto;- Witnesaeht, that the contractor, covenants and agrees to construct pipe sewer in .aid along Corby Street and .St.: Louia -Street from Notre Dome Avenue to Howard Street, in the :City of South Bend, Ili -sans; at and for the lollowibg prices. - 360 11n. Feet of Is Inph p,"o :per 2itt ;ft........ a ...... 0 0 6$2.4O 44O, l in feet of 15 : tw plpesiper l in 2't....... � • ... • . ,_. 2.10 386 .l in Peat - of '12 inch P1pel,.'per : hip ft... • ..... , .:.... I.9O 276 tin. Feet of '8 inch pipe,. 1per l In ft... E........ a 0 0 q 0 080 608 1In foot ;.of 6 inch pipe, per I n ft.... * 0 • .-,.75; 54 ' Iin.' ;Foot of 'm®nholes, per, lln, ,Ft. ...... 0 0 00 0 • . • . • • V C5E it storm water- grates, each.. ,j... .. • • ... a ... • • e • r• • • • 5 4anhcles, curbs and covers,: osch........e.•...•. 00020.0Q:_ a€1 to perform All, work in the prosecution of., said improve rent under and according to the term* and ,: ,difiofm of Improvement Resolution No, __.6�'„4.__ ,. __, adopted by the hoard of Publie WorlJhy..1401 , s•1 s4rd the plesin, prefrle and sliPcifica+.inns`on file in the office 9f the Department of Public Works, w�c�1. aa1 resolution, plans, profile and specifications are made a part (hereof as fully and effectually as if a®: a ®et out therein_ at full lenEth. `Fhs contractor further expressly covenants arcs afire sthat in the pprosecution of said worts Of proper -11dil ss,d care , ;'1 be erercisei; th t he i', o� . f ~-?' all excavations ai 'danoerotrs please and 'Luse f 1l dut and prover nrQ s: +,oi to or t ini yltn ^ry.person or l r<,,,r'y; that i°i ink-tiver�t a35y iiljl+ry orffi.�t111^rye resulting from th_ <<r,ror froi?7 a^y T- tier or thing ^(�nftpA RdtherovjA arising ther fYorn, to any person or property, ii, :'il ray are + tic �idat� the apme at �s Pwiijexpen@g, � Aa durne 'he liability thereior; and in the event"Of ally c_air., or �Cfaiins being made or any action or Actions �lti bro0ght against the city by reason or on account of or grog iiig out of e: id vrorlt or its construction, the sail • eot►tractbr will at his awn expense defend the same, and gill pay, any judgment recovered therein, and v✓iit jn All respects fully indemnify and save harmless said city, its officers, agents or representatives from, all cost expense, Payment or judgment recovered in connection wit such claim or claims, action. ,or actions, k' ' 1, vi htn ten days after -any such motion is begun, the city shall, notify -tile contractor of tint,; pendency thereof, Own at►y judgment rendered against the. city shall be cdncliz ive against the contractor and against the �Furety ou hk oonstructiratt bond, as to tb =mount, liabifity and other matters pertaining ;thereto, - Atud the contractor 2-f ::4::i toL:IfiMtam said urmr077�ii2e t 2::� make such repairs as may be necessary for the period and in the ma nner as fixcdby tl:e ST)eOflzatxons, and to secure ire maintenance and repair .thereof to file with the Board of Public Works a bond vilth 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 same liability to fhe city and any other Ferson for any injury or damage to any person or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment th^rcof, shall riot constitute a walver on the part of the city of any of the provis- ions of this contract, nor shall it rkaea;e said contractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evidence 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 the making of such improvement and in the performance of this contrac , 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 t ' assigns, or out of the 2 count due him or his assigns upon the completion of the work, so much as mp.- cessary to pay all laborers or material men for amounts due them for work done or materials usea Urnishcd to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city area user, mays retain money eollcr.ted from property owners as for said improvement to pay such debts r urtil ma cnn.tractnr shows th.s.t they have been paid or satisfied The ennt7a^`o1 ag.-ees to reww- all rtiabish, earth, a d unnsed taterial in thQ 1itreeta or aid a t?�ct:�. v, , upon the completion of the impro-,eincat or the repairing thereof, The work of making such improvelnent shall be corn eted accordi z totheter` -of this coritmet. nn or bafore the. 15tb _ htileds the tii'ne� for the eomplet+on of the sar,� shallbe of...................... d.. iClg !!.`the ...........u, 19........... a\a .@' extended in writi .g by the Board of Publls Wnr1€11, Atid it is agreed that any such extenGion of tir-t, or ary al± ration of this contract or of the Mariner or Matti. ad of doing such work shall in no way affect the duties, ob igations or liabilities of the cciiitractor or hie strl"a" tips, _ - ._ It is agreed that the contractor shall net ssiga this contract, or sub -let the work Ai' arty part jhar'cof to be dahe hereunder, without the ,rri;.en co :,r of the B-_-rd of Puhi+'.c Works, It is farther agreed a;,d scipt;l^� d that co .tracto shall give, to residents of said city algidnty county preference in the employment of ail labor t.ecessary in th performance of this contract, and failing to do M, shall for#ait to the city the sure of ten dollars for each failure to observe this stipulation. Aid up®n the performance of all the terms and condi ions of this contract, and thing§ to ba dong god rerf®rmttl by said Contractor the said city agrees to cause the cost of doing such +ork to hp a�� �s d, 601= l��tftcwid paid to said amtraetor in the manner fixed by the statute governing the l ,,, 9f Acgh 1fg0f9- MUNI To "th of the ondiitions and stipulations of +M- s contract, including all and singylaf th@ "§ a t terms of tht ptsrss, profile, specifications and resolutica afbrzsaid, t1w uu&Tfigne4 big& L*4§4 ff iArt1f, Cud the ft*1AC%iVt xumssor or assigns of sum party In Test imeny Whereat.. We, tb,, Feregaiug named portion, bereunto 44 net our hands this I5th., day of. July 1919, JOB. A LUTHER. CITY OFF SOUTH BEND,. INDIANA.' Contractor.. , 7 BY G. A. ELLIOTT HARVEY F. ROSTISBR JOHN F. DEHAVEN. Its Board ..of Publia Works. CONSTRUCTION BOND.. ` } Know all exz by 'theses presents, 'thwt : o ph A. Luther of the Countyof `St. Josephs State o f Indiana,• as prind ipa3 and New Amsterdam Casualty Coo. of the ''County of Now York New York sssuretiees are -bald and firmly bound to the City of South Bends Indiana: .In the sum of One Thousand eight hundred -and aefghtsy -two Dollars (ft,;882.00O 'for the pa*oftt of which, well and truly .to -be mega, we jointly and severally bind ourselves. our he rs, oxeuters, °aftinletratore -and assigns, firmly by presents. .. • • -The •oonditions of the obligat acre =such :tit if she above named Joseph •A.• -Luther. -shall faithfully comply th `Ing contract, made and •entered .Into .the .15th., day of .July .1 19 with tha eity of South Bend ladiona, .and .shall .fulfill .all .the .Ccinditions a;:d: stipulations therelneontaineo according .to .the true. %moat .4nd meaning ,thereof', . `a all respects# thenthIS obligation to be void, otherwise to be and remain in full force and virtue _ in . haw. In.the event the said City shall extend tie time for the completion at said pork, such extens ion shall not in any waq l elease the sureties on this bond. This shall be a c a mtruct ion 1 ond, and the sureties on the as&e shall not An beheld responsible for the matenance and repair of the improvement of ter it has been accepted by the cond party, but such sureties shall be held respodisble forth* faithful eompl we with all other conditions,_ stipulat ions and requirements covered by or set out in the contract. Witness our hands and seals his Nth. day of July 1919. The above bond a proved this &. A. ELLIOTT HARVEY F. ROSTISER JOHN P. DESAVEN Board of Public Works. . PUBLIC IMPROVEMENT This Agreement , Made and enter July 1919 by and between The White Construction Milwaukee, and State of Wisc ons in ( here ivafter and the City of South Bend, In the County of St by and through'its Board of Public Works,o$efil under and by virtue of an Act of the General As entitled " An Act Concerning Municipal Corpora and all acts amendatory and supplemental there% Witneseeth, that the contractor sheet asphalt pavement on Sample Street from We in the City of Souttr Bend, Indiana, at and for A. LUTHER W AMSTERDAM CASUALTY CO.o W. 6. MUTT Agent & Attarney in fact. 15th.0 day of July 19190 d into t j is 1Oth. , dap of Companyef the County of eferred to as the * Contractor) Joseph, and State of Ind isn a, .tftsr roferred to as the " C it# owL•ly of the State of Indiana, ,ion," approved March 6,1905, 0 s ov enants and agrees to a onstr :nut Street to Olive Street ,he - following prices: - 45 0L4.--Ca curbing per lfn ft................. ........40 4O74 du. -yds of I#rad fng per cue yd......:.... .85 12 storm grates, each .........:....... .....10,00 300 lin. feet of conduit ppe,'per lin`ft... .80 30'inlets reset, each ......:�........ ....... 2 5d t 300 lfn. feat 'of marginal curb, per lfn. fte 20 10 Maftoles reset, each.-56 - 12985 eq. yde. at Trinidad Laks Sheet asphalt pavement_ per - is yd �: `..`........ 2ii 633 s q • yds of Ye ederburg- Br liq. k ' per aq. yd , ` 3 15l 12985. a, . g yds. of Standard-Ideacan Asphalt pavement per yd.. .... 2.57 (awarded: ow Traa>e-idad Lake: Sbe.et Asphalt ..),. and to perform ail Work ,in the prosecution o;f, saitlsmprovement under and according to the tertne and cou= ditions of Improvement Rpsolu iort No. adopted by the Board of Public Works..,..A��'it 1919. and the plans, profile ?r.:t! specif car,or.s orb fi e 1 the office of the Department of Ptttslic Work13, wi++ch said resolution,. puns, pYofi?:e an, spbcificatiotls are made a; part hereof as and effectually .a8 if C®pled and set out herein at f L ll leng-Fh 1 Ike contractor furt er ex r s ly covf narts -4*r.d azr2es tl> t in the prosl.cution of sald work s11 proper Skill az d care ~'l b e� 'erc_� a,fl^ all ekrava*ions and danger®kts_ PlacRs= ..r9i ,d:>~. c'";l �` r �P ..� J i `) `) .`S S t :'"Y j1"v person :<Ir. � ^ a,.tis � t�''�:� �1 �jaa �YA,at �. and 1 •else <.'� , ,- -o Y isf r ,r" r r _^ , '- rr rri " )7.»m'#*tar or t1111"�tPP}r1t'9.`.',*F LI'I:C•.'P\$5}+:' any injury or da,m?g,, r2sLl * g r t; arising therefrom, to any perms^.•i (JY D CD r:.�', h _9.T 111C"idate the S5tT1e '€>t Bifiil expense, and aP,- sume. the liability theraior-, ar, in the e!e it -of ny..c.a_r or 1<. izzis being made or any action or,aetions b ,' 1 bro.ight against the city by re sori.or on 2.ccouiit;ot or'gro"Xringg out of e�'d t`j^=r': or't*s ec�nf•*gcet gtl, `r ° s 3 contractor will at his own expenseL defend s the same, andill pay any judgment recover?d th rein,,€irzd ;T'' jri all respects fully indemnify ,and save harmless said city, its officers, agents or representatives ,from s.11 Cos( expense, payment or judgment: recovered in connection "with such claim or claims, action ;or actions A^d within ten days after any'such`actiou.ts begun,-tlie city shall; notify, the,contracfor of t�� A- 4—cy th�r , then any judgment reuclered.agaiiist the city -shall be conclusive against the contractor and against the tureft on his construction bond, as to tb ` amount, liabikiy and other matters pertaining thereto. And the contractor agrees to maintain said impro i,:riei t a:� elate su•-h repairs as may o r�c s tht period and in the manner as fixed by the sn?ci' cations, nd to secure ,ie maintenance ar a repair to Y:. « ,. to file with the $oard of Public W orlks a bond viith sufficient surety *Hereon and ir. an amount as fi:,ed byspecifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any pzrF or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. And it is further agreed by and between said parties that the acceptance of the work provided for in tl,is' contract, or the payment thereof, shall not constitute, a vraiver on the part of the city of. any of -the provis- ions of this contract, nor shall it release said contractQr..bi the sureties on his bond for the faithful perforr1•• ance thereof; nor shall the acceptance be prima faciee evidence of the performance of any provision of this contract, except to the extent of entitling the contractor t the contract price therefor. - The contractor agrees to pay for all labor andmaterials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor. or subcontractor; and the city may re er've out of any allowance made on any estimate in favor of the contractor or ' assigns, or out of. the an punt. due him .or his' assigns upon the completion of the work, so much as me- eessary'to pay all labor rs or material men for Iamouants due them for work done or materials useu z _arnished to be used in the performance of" this contract and the doing of said work, and the county trea.5urer, acting as,city trews rer may retain money collected from property owners assessed for said improvement to pay such debt$ or until the c.Qntractor shows that they have been paid or satisfied 'i :e co.:i a_ ^y rp; e` to i'4rn0 i ail ru �tl, earth. a d umnsed material in the strt.ts or sides t`, upon the completion of the imp-ov gym; Alt or the repairing thereof. The work of ma.kin s+l^ti- irxprov�rnent: skull hedaonul =*ed accoxC rg_ber of this contract on or before the ....._. _. 15 h V ii ...0+..... -9, unless the time for the cot pie*ion of the sa; e shai: b'e ev ended in w ti :g by the Board of PubF ti�ogks, And it is agreed that asiy sar11 �xten-ian �;f t-, or a.nv alter --.'ion of Ovs contract or of the-mamnerormtth- od of doing such work shall in no way affect `he duties, obligations or liabilities of the contractor -or his sure - _ties. It is agreed.that the contractor shall not �1ssi3n `this'co .tra_ct, or slab-�let the work or any part thereof to be done hereunder, witho t th(�::it"Pn -�,o "i...Jf the P-oa d-o.f Puyv blic orks.. It is further agreed and st p} .a+ d th.�* �, c-,.),ntlactlor shad give to residents of said city and county preference in the employm:.nt of all la'Lor neccssary in the performance of this contract, and failing to do so, shall forfeit to. the city khe sum of ten dollars for each failure to observe. this stipulation. And upon the periormance of all the terms and conditions of this* contract, and things to be. done and performed by said contractor the said city agrees to cause the cosh of doing such work to be assessed, col- lleecptge}d'and paid to said contractor in the manner fixed by the statute governing the making of such improve- m. To each of the conditions and stipulations f this contract, .including all- and singular the provisions and o terms of the plans, pr®file, specifications and resolution aforesaid, the undersigned bind$ himself or itself, and the respective successor or assigns of such parties,, 1. IN TESTIMONY WSSR80P0, Ue, t e forfgQftj ftWWd partles,hereunte set our hands this IOtb.-, day of July 1%q. CITY OP SOUTH BEND, INDIANA. BY G. A. ELLIOTT HARVEY P. ROSTISER JOHN P. DEHAVEN Its Board of Public Works: TES WHITE CONSTRUCTION CO. A. We WHITE Vice Pres,,, Contrttorn 4b CONSTRUCTION BOND* ............ 0 ........... ftow all men gy thee* prosentst, That Tbq_,.Wh1te1 Construction Company of the County of Wisconsin'tas -priA61pal;, idd.7Uoryland Casualty Co* pony of Bihii4ii iiia 64i; . if-fairiland an. Buret -ion,, are hold and , f irmly bou24 to the c jjj ' of South Bond,' Ind 16324,j i Inthe sum if Twenty Thousand five hundred and, ninftiiii* biOilii' ($20 S19'. , ; 06) t4r the payment O.r-_vUicb4 well, and truly t4 be made, *4i*jointly 'end's*viirally bind oursolvist ouT liffirs, ex*- cutoreg, adm�nietrstiors**ainid sisiei#g-niai-.- p-rosiat@* A The condition-d of the obligation are ouch that if- the move USA" The White C str�ap�0 ion . 1Company*sha1l,f*jthfully comply wit tho forogot" of July 1919 With the City Of con -tract, moo and enioi*d_ into the_ 10th.., day, . South BendtfInd is and 'shall fulf, i,l i, all- t).xo, cand itions, ' stipulat Ions,, theft* ,peordii�, tb* the` true intentand meaning thereof, In all respect# then this obligat Ion to be vold, otherwise to be and remain, In full fore* and virtue In low. 14 th#'event the said City shall extend the time for the 0,0m plet.10S. 6f.sai4work.'such *xtinslon shall not In any way voltlw* the iuritlet 4pn'thls bond. �Tii: shill be a construction bonds and.t%e sureties on the same shall -not, be, held r*sp61wiblo for. the maintenance and repair of the improvement after It is* been laccepted by the second party, .but such sureties shall be hold revpoxalbje'for tie faithful compliance with all'oth r coa� ditia-za., stipulations and,requirementst covered by or set out in the contract, Witizone our bonds and seals this 15thol day of July 1919. TkE MITE CONSTRUCTION COMPANY A. E. WHITE J. M. ADAMS Vice Pros* He E. WOZES4 114RYLAND-CASUALTY COMPANY. BY ATJM A. MILLER* ATONOW IN PACT. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DERAVEN Board of Public Works. The Board employed Mary Sweeney at $L2.00 per week being July 11th., 1919 for on Indefinite period* To be paid out or the miscellaneous Department for stenographic work and office hellit The following claim were allowed by the Board, George J. Hoffman....... ................... $-80 - Co. The G . &fill Oil- $45.90 Building Dept. 286.66 City Cemetery Dept. payroll. 217-55 Street Repair Dept.,payroll 19300 Garbage Dept. 426.00 sty Hall 90.00 Salaries Dept. 41.66 Miscellaneous 12.50 Street &.Alley Dept.,; It 539. 12 United States Blue Print Co. 16.16 St, Joseph Tire TulessIzIng Co. 5.40 Studebaker 6orporatlion 5.32 Central Union Telephone Company 1..50 George N. Taylor 130-70 • Builderts' Supplies • f6.90 -Fr4es 10.50 Stapes & Adrermad 20.44 Hftkl,e Motor Car company .4.00 Prazler & Frassier 12.65 Vk Feltz Buslak$$4.50 P. C. Relmold & Co 13.W . So. BendSprtag Wagon & Carriage Co.,. 14225 Go a..Meyer & Boas 2.69 F. C. Relmold,&.0 a. - 601, Roe.. C.. U. TeL Co. , 9.92 God. W. Zinkey, Postmaster Nortlie rn Ind Inns Gas &:, Elec. Co. 1.42 Central Union Tel, Co. 88.48 The Tribune Printing Co, 281.94 radiant & Michigan Bloc. Co. 199772 57 West Side Hardware Co. 9.45 ,. Peterson Printing Co. 16,10 Hartford Live Stock Insurance., ,._2 , ©b , Total amount 3,3241 The following resolution was. adopted by the Board. LSO CAL S Resolved by the Board of Pub,, County of St. Joseph, State of Indiana, That tl Intended and adopted only for local use by the abuts thereon, and not intended or . adapted for drains, be and the same Is hereby ordered in an, Street to the first alley east of Marietta:.Stre at the Intersection of the Center line ofGeorge n.ortberly along the center line of George Avenv Marietta Street with a 12. inch vitrified pipe manholes, storm water inlets, coaduts, flush t slang the line of said Jmprovement, all as is ace ordane with the profiles, plans, detail dr the office of the Department of Public Works o T RESOLUTION NO. 698. ic Works of the City of SouthBend, construction of a local sewer, roperty holders whose property ecelving sewerage from collateral along George Avenue from` Osborne t "as follows, towit: - leg inning Avenue and Osborne Street; thence e to the first alley east of ewer, together with all the necessary nks and house connections to the curb 1 ore particularly shown and all in wings ; and spec if i cat ions on file is the City of South Bend, Ind lefts. t,ld i;�M ogwor, with all its alilii'&, ,j s=; s�r,a,11 be c; lrt ae:e3 r aC^.� -"!nce with theAD•ollle ttadl S'p o 10' I n -,,t ?a.d + 1 x� eat ii all s i is0W on 4 1�2 th§ o�c�3 o l' rl3-0 z ;:,. cf VG F #, , ? .r e b :. e� 3 rd � the M j- V {{�.0 QQ qq F 66ga L _ k1e P'pp�Jrtforo P7. 21 R au4 . N th9 "i' E �i F It. 1 l'l -nun a°1 i South ai3 if # 3 is 7 �d t?i $ J - 7a ptno a er' .{ \ R't'.�:' ��ta%�e+�F i iV +l C,J porot i17e,11 ILI Aet 0-4 Asgr ` Of F.'t°-e St_ :O at idiri.DaAPj)i, =?'t'.�pi.F.i �i3n�niil rot; e[i <i rp ' C. 0 3. , :�r. ., i ts. if a Aor: ea, ar r� e _ A bond or bards _d _ :n hall be is or Mart fno c0 to t®r@st st tha r4�e of Six per cen: pea. anntim. acaes----`ei!tu $ �? dtorthe eye said 8 ins?tedPa � � iVo"iT, t2.iilg '1 the p-' operty r�Y '�1 (3T i --�� $a+d ®4reill st Cos sb4li tbe.C,ry of �oaih Bend be or be !.a 3 responsible for any sum or sans due bon said prom- fo- the payment of am bond Or botiA�a @rty owner or ovrrerQj for sod svo-k_ cr fo" the collectiin of s: in n part e. or �� such work. excoat for shah moneys &�t ah�:l ®ertiiio&te or cerwicates. i$i'==cat to avid contractor ? ll�$e $®oli actually received by the City f- ors t�72 asse�,r,�ents f r such improvement, or shah ffioSeys as meld done in the Makln of eS9ili City is by waid, above entitled Act reouired to Any. All nrecee ings had, and work issuance of bonds therefor, shall be 6A 1�llrove�efst, 0:sses moat of nrorerty, collections of as:=ssment and Orovided for In maid above entitled Act. 18 s be publiahe n the_-____ ....•.. h..aay oY._.___ Ju,�,- . 1 2, . and 0!1 t1a0 t oe of this resolutio .11 2 dad, _lgj____, in the 5o th Pond 7Jaily Triuiine.his•BoFrd will �i�0 1� + ®f� . see in the City Hall on the . h®erl� tnie. r®solution et its a - ih� ----------•--day of .,�.t........... ....� -Oh Adopted this .......:.15ti - .dayfof-- Ju11-Y1191 , , 19 ......... BOARD OF PUBLIC OORKS.s Attested:- Veroaica C Sweeney,: Clerk of the Board. G. A. ELLIOTT HARVEY F. BOSTISER JOHN' F. MHAVEN