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HomeMy WebLinkAbout08/13/1919 Board of Public Works Minutestl*; Board met in regular session at 7s 15 P.M. All members present. Clerk absent. Hearing had on assessment roll and final estimate for pipe sewer on Linden Avenue from.Meade Street to - Olive Street, under Improvement Resolution No. 653. In the City of -South Bend, Indiana , In the above matter no remonstrators appeared and' no written remonstrance was filed. The Board therefore find that the pro- perty assessed in said roll filed July 23rd.,1919 is benefitted in the amount of assessments as shown on said assessment roll and the Board further find that the assessment roll filed July 23rd. ,1919 and the final estimate allowed July 23rd.,1919 should be and the same are hereby in all things, ratified, confirmed and approved.: f Roaring has on assessment, roll and final estimate for pipe sewer on Lincoln Way West froffto O6 feet west of Olive Street to west City Limits, under; dmprovement Resolution No. 6,19. In the City of South Bend, Indiana. i In the above matter no remonstrators appeared and no Written remonstrance was filed. The Board thet efore find that the proper ty assessed in said roll filed July 23rd.,1919 is benef itted in the amount of assessments as shown on said assessmgnt.roll and the Board further find that the assessment roll filed July 23rd.,1919 and the final estimate allowed July 26d. ,1919 should be and the same are hereby in all things, ratified,, confirmed and approved. Hearing had on assessment rol and final estimate for water connections on Lindsay Street from Portal a Avenue to Blaina Avenue under Improvement Zesoldttion No. 092. In the ity of South mend, Indiana. In the above matter no remoras rators appeared and no written remonstrance was filed. The Board the afore find that the pro - party assessed in said roll filed July 22nd. ,1 19 is benef itted in the amount of assessmentd as shown on said assess nt roll and the Board further find that the assessment roll filed July 22nd. ,1919 and the final estimate allowed July 22nd.,1919 should be and the same are hereby in all things, ratified, confirmed and approved. Hearing had on assessment roll. and final estimate for water connections on Haney Avenue from Michigan Street to High Street, under Improvement Resolution No. 640. In the City of South Bend, Indiana. in the above matter no remons written remonstrate was filed. The Board the party assessed in said roll filed July 22ad.9 anount of said assessments as shown on said ro find that the assessment roll filed July 22nd. allowed July 22nd.,1919 should be and the same ratified, confirmed and approved. rators appeared and no afore find that the pr o- 919 is b enef itted in the 1 and the Board further 1919 and the final estimate are hereby in all things Hear lag had on assessment rol and final estimate for water connections on Studebaker Street from Washington Avenue to La Porte Avenue, under Improvement Resolution No. 675, In the City of South Bend, Indiana. In the above matter no remons rators appeared and no written remonstrance was filed. The Board the efore find that the propet# - --assessed—in-said roll filed July 22nd. ,1919 is , benef fitted in the amount of assessments as shown on said roil and the Board further find that the assessment roll filed July 22nd. ,1919 and the final estimate allowed July 22ad. ,1919 should be and the same are hereby in all things, tat if ied confirmed and approved. 11J Hearing had on improvement resolution No. 701 for Grade, Curb and walk on Humboldt Street from Portage Avenue to Diamond Avenue, i dthe City of South Bead, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises decides that the benefits to property liable to be assessed for said improve-- ments are equal to the estimated chst of the same, as reported by the City Civil Frig ineer, and thereupon takes f inal alit ions tin sa id res olut ion as . or ig inally adapted, nd the same is hereby in all things, ratified, confirmed and approved. Resolved further, that notices, be published on the 16th. day of August 1919 and on the 23rd. , day of August 1919 1:n the South Bend Daily Tribunes in said City, stating that this Board will rece iv* bids for the construe- tion of said improvements up to 10;00 A.M. on the 9th.9 day of' September 1919 The Board reserves the r igftt to reject anyl and all bids. H;ear.ing had on Improvement Resoluti.ah No. 702 for grade, curb and wa 1 k oaa - Cal if O=i& Av*Aue from Cleveland Avenue to awndale Avenue, in the City of South Berk, Indiana.,: Upon said hearing no r remonstrance was filed. And the Board be that the benefits to property liable to. b equal to the estimated cost of the same, and thereupon takes final action on said same is hereby in all things, rag if ied, . 'c onstrators appeared and no written g fully advised in the premises_ , decides assessed for said improvements are re -)orted by the City Civil Engineer solution as or ig inal ly adopted, and the firmed and approved. Resolved further, that notices be . publd"6d on the 16th. day of August 1919 and o the 23rd., day of August 1919 in the South Bend Daily Triblm*,in said City, stating that this Board will receive bids for the construc- tion of said improvements up to 10: 00 A.M. on the 9th. , day of September 1919 The Board reserves the right to reject ao and all bids. Hearing had on improve ;�#tresolution No. 706 for pipe sewers on Pokagon Street and alleys in Le s Proposed Addition From Tecumseh Avenue to the alley west of Leeper Avenue the City of South Bend, Indiana. Upon said hearing no r remonstrance was filed. . And the Board fu that the benefits to property liable to b equal to the estimated cost of the sam*, and thereupon takes f inal action on said the same is hereby in all things, ratifie Resolved further, that of August 1919 and on the 23rd., day of A Tribune, stating that this Board will roe improvements up to 10:00 A.M. on the 9th. reserves the right to reject any and all monstrators appeared and no written ly advised in the premises, decides assessed for said improvements are s reported by the City Civil Engineers es olut ion as originally adopted, and , confirmed and approved. notices be published on the 16th. day gust 1919 in the South Bend Daily ive bids for the construction of said day of September 1919. The Board ►ids. The following partial estimates were allowed by the Board. Partial estimate No, 1 Company on Allen. Street sheet asphalt pav Partial estimate Na. 1. on Sherman avenue allowed to The Western Partial *at imate No. 1 on. Main Street from Broadway to Indiana a allowed The Western Construction went at.................$139094.66 for the asphaltic concrete pavement onstruction Company at ... $16,569.76 for the asphaltic concrete pavement lowed The Western Constr. Co. at O,649 61. Theo'llowing bonds and,contracts mere approved. PUBLIC DAPROVE14ENT CONTRART. This Agreement, Made and entered into this 13th. , ' day Of August 1919 by and between H. N. Barnes of the County of St. Joseph,. and and State of Indiana (hereinafter referred to the " Contractor"), and 3 . 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 the " City"), underand by virtue of an Act of the General Asseably of the State of Indiana, entitled " An Act Concerning ll�unic ipal Corporations," approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor c venants and agrees to construct gr&de, curb and walk on Lazumdalo Aven a from Vassar Avenue to South line of . Vassar Bark Add. it ion, in .-.be city of South .Bend, Indiana. at and for the following prices: 193a tin. ft. of curbing per tin ft. ....... .3P cu. yds. of grading -per cu. yd........... .t2 lf 9205 sq. ft. of sidewalk per sq. ft............. t1 and to perform all work in the.prosecution of said improvement under and recording to the terms and cu;t- %'f ditions of Improvement Resolution No...._.,.... _--_-.--, adopted by the Board of Public Works and the plans, ............. p ,profile and specifications on file i 1 the office of the Department of Public Works-, wh+ch said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. Tl'e contractor further expressly covenants and agrees that in) the prosecution of said- work a.il proper skill .a d care 1 b d; exerciseth the d p:: `* all a �ava�ions rd dangerous lac®s, and 1 use c11 die --d p-•oper pr,2ca-ifion to pr_ l2nt irjui yr s `7 ,,t'v per=0n Or p t., any inJury or damn.ge resulting from th—_ -vv,)r` or res l+,- from - Y r-:tier or thi�;a t er 1eTs'f• r arising therefrom, to any pers— i or property, he V 11 ray and lic;:nd to the sane at own etippnse. a l or sume she liability therefor; and in the event of any claim or claims teing made or any action (� actions b ry bre tght against the. city by reason or on a.ccouiit of or rovt:in out said v�or'- or its cons} +� sr Z g rticti contractor will at his own expense deferid the-'samr. and will pay an) judgment recovered the sin. a .,i-i i;i 1 all respects fully indemnify and -save harmless said city, its of kers,agents 'or representatives. from ah expense, payment or judgment- recovered in connection with such claim or claims, action or. actit�°s, -A,sd f within ten days. after any such action is begun, tha city shall notify the contractor of trio peaerecy flier {, tli�tn any judgment rendered against the city shall be conclusive -against the contractor and agairasr; s ttet ti sir his construction bond, as to th 'mount; liability and other mattes pertaining tiiezeto,, And the contractor agreas to maintain said inpro cr... nt ar-O m r.e such -repairs as may be necessary y- y t,;r the period and in the -manner as fixed by the snecifica'ions, and to secure vile maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fined by ilia specifications. And in doing such repair worli 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- perslr.n 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 thereof, shall not constitute a waiver on the part of. the city of any of the provis ioixs of this contract, nor shall it release said contractor or the sureties on his bondfor the faithful perform;- iucC thereof; nor shall the acceptance be prima facie evidence of he' performance of any provision of this contrast, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and ,materials used o furnished to be used in the making of "ch improvement and in the -performance of this contract; whether done or furnished for him, or his agent, 816494ee, successor `or subcontractor; and the city tnay reserve out. of any allowance made on any estimate in favor of the contractor or_t'= assigns, or out of the amount due him or his assigns upon -the completion of the work, so much as zna- cessary to pay all laborers or m teriai men for amounts due them for work done or materials-Vseu .urnilshed to be used in the perio mance of this contract and the doing Of. said wore, and the county -treasurer, acting as city treasurer, may retain money collected from property owners'assessed for "said improvement to pay. such debts or u paid or itatisfied ntil a contractor shows that they have been a rP _ e^. t remc; ail rt� _=sin, ear h, and um-sed natei,ial in the stn ,ts or sides ixpon the corripletinn of ,the lmProtTwm:nt or the repairing thereof. The work of mm!tir_g such improvement shall be corlpleted acco ding to the terms of this contract on or beforethe ................. ......:� ............. _ ur'ess the time for -the cor. ple.ion of the sane shc'li be extended in ri*:.; by the Board of Public Wort-s, Arid it is agreed that any such eaten=ion of tinne, or ary altera`ion of this contract or of the manner or meth- od of doing such work shall in no way affect the dutie$, obligations or liabilities of the contractor or his sure- ties. ' It is agreed that tlie'coiitrsctbr'- sliall not assign this contract, or ub-let the work or any part thereof to be done hereunder, without the .ain't en co:; of th; Board of Pi' lic Works. It is further agreed and stipulated that *'� contractor shall gi, e to residents of said city and county preference fn°the employment cf all -labor necessary in the performa tice of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of t is contract, and things to be done, and perfbr,med' by said contractor the said city agree.9 to cause the cost of doing such work to .be assessed, coi- • lected and paid to said contractor in the manner fixed by the statute g overning the making of such improve- ments. To each.of the conditions and stipulations of this contract, includ ng all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid, tiZe undersigned binds himself or itseilf, r.rd the respective successor or issigns of such parties. j set our hands this 13th., day of August 1919. HARRY N. BAAN C ITv OF SOUTH BEND, IND TANG. Contractor. G . A. ELLIOTT HARVEY F . ROSTISER JOHN F . DEHAVEN Its B card of Pub 1 is W or ks . C ONS TR UCT ION BOND. _ XMow all men by these presents, That we H. B. N. Barnes of the County o f St. Joseph State of Ind Tana, as pr iuddipf1 .and Fred W. Keller and L. C Whitc omb as s ure t ies , are he ld 91nd f irmly bound t o the City of .'South Bend, Inca ana, in the sum of Nine Hundred la .=d ninety ($990'.00) Dollars for the - payment of which, well and truly to, be-made, we jointly and severally b ind Lour - so lves, our hIon eket'u' cr s',° e,tirninistratdrs and "assigns'. f irmly by these presents. The- e°on&it tow of the ob l igat ion are• such• that if the above named H. N. Barnes. s }a-I1 fa-iitbfu11y c omply with the f oregoing named c ontraet, made and entered into the 13th., day of August 1919 with the City of South Bend, Ind ia,na and s ha 11 f ulf ill a it the c and it ilms and s tp iluat ions there in c onta ined, see ord ing to the true intent and meaning thereof, in all respects, then this obligat ion to be void, otherwise to be and remain in full foe* and virtue in law, Y' In the event the said City shall extend the time for the completion of said work, s uch extens ion sha 11 not in any way re lease the suret ies on this bond. This shall be a construct --ion bond, and the sureties on the same shall het be bald res pons able for the ma inter nc 3- and repair of the - improve - rent after it has been accepted by the second party, but such surettl ij dhall be - ne ld res pans ble for the fddthful e cnr:l is• ce with all ether c and it ions, st ipulat ions' and requirements covered by or set out in the contract. Witness our hands a FRED W. KETI.ER L. (3. WHITC OMB The ab ove b and a ppr G. A. ELLIOTT HARVEY F . ROST ISER JOHN F. DEHAVEN Board of Public Works. AFF IDAV I` S STATE OF IND IANA seals this 13th.9 day of August 1919. HARRY N. BARNES this 13th. , day of August 1919. PERS DELL S t7N.ET IE.S . ST. JOSEPH COUNTY ASS I. L. C. Whitcomb sw er that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in fee simple of th e value of over ten thousand dollars over a above my indebtedness and theexempt iox allowed me by law,. as I believe so help m God. L. C. WH ITC OMB Subscribed and sworn tc this 12th., day of August 1919. UP C omm iss ion exp ices July loth. 01923. STATE OF IND IANA SS ST. JOSEPH COUNTY I Fred W. Kellar, sore County, State of Indiana, of which I am over ten thousand dollars over and above me by law,- as I believe, so help me God, Subscr°ibed and sworn t Public this 12•th ., day of August 1919. Witness my hand seals My Commissioner expires July lOth., 6923. bef ore me, the undersigned Notary Public C LAUD INE BR ICKELL SNOKE. Notary Public that I own realestate in St. Joseph sessed in fee simple of the value of indebtedness and the-exemt.ion allowed ?RED W. KELLER l before tme the undersigned Notary CLAUDINE BRNIot y Public; 1LG PUBLIC IMPROVEMENT CONTRACT, ° This Agreement, Made and entered into this 13th., day of August 1919 by and between Harry,N. Barnes of the Counny Of St. Joseph, and State of Indiana (hereinafter rferred to as the " Contractor"), and the City of s South Bend, Indiana ; in the County of St.. Joseph and State of Indiana,by and through its Board of Public Works, (here inaftor 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 aids thereto: - Witnesseth , that the contractor covenants and agrees to construb sidewalk, grade and curb on Cleveland Avenue from Diamond Avenue to Vassar Avenue at and for the following prices:- lin. ftof curbing per lin ft................$.32 1387 cu. yds of grading per cu. 3 :4 6635 sq. feet of sidewalk per sq. ft...l............ .14� and to kerform all work in the prosecution 4 said improvement -under and accor .the terms and cpn- ditions 4$.Improvement Resolution No.. WL .............. .adopted bp- Board�f::Pat'blic and the .lansi profile and 'specifications on file itt the office of the I a tment of Public :Works, which said resohtion, plans, profile. and specifications are made a epeoi: lly and effectually. —as if copied and set ifrtt herein at full length. The contractor further expressly covenants and aggW-1hat-In-Ille prosecution of said' work all proper skill'ana care grill be exercised; -th t he ­,`1I prop �Y —:_ : all excavations and dangerous places, and will use all due and proper precitition to prev.,::t irkit-y-4-1 =ry person or pro^-?r`v; that :-I `he event of any injury or damage resulting from the w�r':'or res:,lti-o from —y - -_*ter or thing or arising. Were from, to any person or property, he v11 nay and liquidate the .same of -his ovin expens4, and as- sume the liability therefor; and in the evert of any. claim or claims being made or any action e- L actions L''ir: brought agairmt the city by, reason or `on account of or growing out _rt d wGrl: or its conrtrr.ction, r s- * 1 contractor will at his own expense defend the same, and will Ray any- udgment recovered th-erein, and ti •�" in all respects fully indemnify and save harmless said city., its officers, eats or representatives from all cost, expense, payment or judgment recovered in connection with such cla in or claims, action or actions. A.r-f f ivvithin ten days after any; such action is begun, the =*y,shall notify tic contractor of i.r+_ per_4r-- -cv ther f . alien any udginent rendered against the city shall be conclusive again t the contractor and against the surety on his construction bond,' as to tb amount, liability and other matters pertaining ..thereto. And the contractor agrees to maintain said improver—nt and su-.-h repairs as ritzy oz II�C2s.;a- the period and in the manner as fixed by the specifications, and to secure tine maintenance and repair tna -t,, to file with the hoard of Public Works a bond with sufficient surety thereon and in an amount hi -fixed b4jT h. specifications. And in doing such repair work the contractor and th surety on his .guarantee bond shal`-be subject to the sarvie liability to the city and any other person for any . niury Ar -damage to any pers`t a or� erty in the same manner and to,the same extent as is fixed in the last .preceding paragraph coveang t`he A- ° struction work. And it is further agreed by and between said parties that the ace eptance of the work provided for in -ItHs Contract, or the payment thereof, shall not constitute a waiver on he part of the city of any of the provjs�; ions of this contract, nor shall it r:.lease said contractor or the suret es on his bond for the faithfulperform ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provisiog-of this contract, except to the extent of entitlipg 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 such improvement and in the performance of this contract, whether one or furnished for him, ` assignee, successor or subcontractor; and the city off may reserve but f any allowance made on in favor of the contractor or 14t assigns, or out of the amount due im or his assigns upon tht: of the work, so much as mai �cessary to pay_ all laborers or tenmen foie amounts dui_ work done or materials useu yr :urnished to be used in the perfor ante of this contract and the m acid wort[+ and the county treasurer, acting as city treasurer, may retain money collected from owners assessed €or said improvement to pay such debts or until the contractor shows that they mid or satisfied6 We ear*ti, anal un�.std aterial in the strt.-As or sides c.,_ oof man the eompie inn the imnro,r9m ::,t or the repwring thereof. The work of Tokirg such improvement shall be completed accorc ing tothe terms of this contract on or before the., t .da of. unless. the time for the cor^o ;t ...............�..... ........ y .Na almher,..l9.19...... 19......., 1 on of the sar,e shall be extended in :°iting by the Board of Public Vilorts, And it is agreed that any such eaten -ion of time, or any alteration of his contract or of the manner or meth- od o£ doing such work shall in no way aftect the duties, obligations o liabilities of the contractor or his . e, ties. ti. It is agreed that the contractor shall. not assign this contract, or sub -let the work or any part thereof to be'done hereunder, withoat the writren cons Ant of the Board of Piib is Works. r ° it is further agreed and stipulated that.'aa contractor shall Div to residents of said city and county ° preference in the employment of all labor necessary in the performa ce of this contract, and failing to do sq, shall forfeit to the city the sum of ten dollars for each -failure to observe this stipulation. And upon the performance of all the terms and conditions of thi3 contract, and things -to be done and performed by said contractor the said city agrees to cause the cost o doing such work to be assessed; col- lected and psad to said contractor in the manner fixed by the statute g verning the making _o€ such ,im�o - meats, To each Of the conditions and stipulations of this contract, includi g all and singular the pro* ons -ate tertrms°of the,plans, profile, specifications and resolution aforesaid, th undcr*igacc binds himself' or itself, nr..d the respective successor or assigns ot such parties. IN TESTIMONY WHEREOF, We, the forego g named parties M*t out hands this 13th., day of August 1919. HARRY N. BARNES CITY OF SOUTH BEND, INDIANA. BY G. A. ELLIOTT Contractor. SARVEY'F. ROSTISER JOHN F. DEHAVEN Its . Board of Pubolic Works. ;..� 123, C ONS TR UCT ION BOND, Know all men by -these presents, That we H. N. Barnes of the Counny of St. Joseph, State of Indiana, as pr inc ipal and Fred W. Keller and Lea -lie C . White omb as s uret ies , are he ld and =f irmly bound t o the C ity of South Bend, Indiana in the sum of 'One Thousand and sixty two Dollars ($1, 062. 00) for the payment of which, well and truly to be made, we jointly and severally bind ourselves; our heirs, executors, administrators and assigns, firmly by then* presents The c and it ionsof the obligation are suehthat if the above named H, N. Barnes s ha ll faithfully a omply with !the foregoing c ontract, made and entered into the 13th. , day of August 1919 w ith toe C ity of S outh' Bend , Ind iana, and s ha 11 fulf ill a 11 the c and it ions and a ipnlat ions there in c onta ined, ace-rrd tag t• the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise .to <he. .and..ra. sJA .in full force nd virtue in .law. In therev*ut t he as id C ity s %w II oextke.n d. Aho ,t. Jte f or tie a omple t ion of :aid work, s uch extens ion s ha 11 not in arty. wAy. ��alena�e. ;L %o. is uret ies j on th is bond. This shall be a construction. bond, and the sureties on the same shall not be held res Pons able for the maintenance and repair of the impovement of after it has been accepted by the second party, but such sureties shall be held res puns ib le f or the f iathful c omplia 'ce with all other c onid it ions, st ipulat ions and requirements covered by or set out in this contract, Witness our hands and seals this 13th. , day of August 1919. 'PRED W. KELLER HARRY N. BARNES L. C . WH ITC OMB The above bond approved this 13th. , day of August 1919. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works, AFFIDAVITS FOR P*1 OVAL SUMIES. STATE OF INDIANA i � ;ST. JOSEPH COUNTY (=3S I, L. C. Whitcomb swear that I own real estate in St. Joseph C ounty, State of Ind Tana, of which I am possessed in fee simple of the value of over Tan Thousand Dollars over and above my indebtedness and the exemption a llowed me by law, as I believe, so help me God. L. C.. WH ITC OMB Subscribed and sworn to before me, the undersigned Notary Public thi s' 12th., day of August 1919. Any C ommiss ion ex pires . July 10,1929LUAID INE BRICKELL SMOKE STATE OF I'_d IND IANA ) Notary Public Zt. Joseph County.. (3S I, Fred W. Keller, swe tht I own real estate in St. Joseph County, State of Indiana, of which I am 136:3ed in fee simple'of the value of over ten thousand Dollars over and above indebtedness and the exemption allowed me by law, as I believe so help m God.. FRED W. KELLER Subscribed and sworn to before me, the undersigned, Notary Public this 12t h. , day of August 1919. CLAUDINE BZICKELL SMOKE My Comm iss ion expires July 102,1923 Notary Public 124 PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 13th.9 day of August 1919 by and between H. 11. 11arnes 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 itq Beard of Public Works, ( hereinafter referred to as the " city*), ender and by virtue of an Act of the General Assembly of the State of Indiana, entitled ".An Act. Coneeruing MunicipalC+orporations, " aproved March 6,1905, and all amendatory and supplemental acts thereto: Witnesseht, that the contractor covenants and agrees to con- struct trade , ,.curb_ anal walk on Vassar Avenue from Cleveland Avenue to Lawndalex Avenue, in the City of South Bend, Indian& at and for the following p�rftEes:-� R 148 .lix. Peet of curbing per lin Ft....!........... ,32 23 cu. yds. of grading per cu. yd.... 1........... .621 2970 sq. ft. of sidewalk per sq. ft....I............ .14* w _..� ad�t�ei tsr �•- :,� ;:�aa:•= �W,ions on file the �frft iN _ �@,gIy 0®�"f®yf ({�$rOfit�f,,� specifications are made a part #terms 'T44 044to' further expres€1p covenants and agrees that is t.1% all el4eat4&ti�A� - �>� on �`3f'i �$f ?•;l due �'�'d proper r��,.,:,+ion to or�v_�t 3'21L_ *°) an rsert �r '�� � p` • A '`3' y P it pry i that -1 'Rt �r d ela• a resulting from the v,o 41 or resF?�'��g front a.«y .,a.tter or thl. 0011 r4 FO ihoraWit . 01 �# thorefrom, to any perv�-i or property, he �,T,11 pay art hiquidat the game at is own 44poh9q, K"d sl �p hs 194bility therefor, and in the event of any claim or claims b. ng glide bra ackiorl or bgtl� � a � 1 i alllst the City by reason or on account of or growing out f 14.id worU orItl ggngtVt1qtI t l # I lekko will at his own expense defend the same, and will�ay any udgmcint recovered t11o13cih, R - i i 1. li11048fi lolly indemnify and save harmless said city, its officers,dents or reprsBCfltitiy�AaM #11 @not Wit011041 OR MInt at judgment recovered in connection with such el im or claims, action of aptl N, Aid h � aye after any such action is begun, the city shall notify lie contractor of 60- pC dor-ey f1'� tho uhy iudiwont rendered against the city shall be conclusive agai t the contractor find awalfw i � A f A WDIUMQ1.ioh band, as to tb. zmount, liability and other matter pertaining therm, And the car.:ractor agrcas to mazzitaln said 33Tl;.rO �..i:_ at a_. ...` c_% such repalrg_ as W41, w3 nece*s- 1�#.' {. the period and in the ma3:ner as faxed by floes ciiica*ions, aaid to se re tite mainterm act aµ -id pepair tnertcgl to file with Vie Board of Public Works a bond with sufficient surety thereon and in an vanount lts fixed by the specifications. And in doing such repair work the contractor and tb a surety on his guarantee bond shQ.,l Ia subject to the same liabiXty to the city and any other person for any mjury or damage to any per s—n or prep erty in the same manner and to the same extent as is fixed in the las preceding paragraph covering the eon. struction work. And it is further agreed by and between said parties that the acceptance of they work provided for in this contract, or the payment ther=-of, shall not constitute a waiver on the part of th : city of any of tht prov 9- ions of this contract, nor shall it r:lease said contractor or the sure ies on his bon'd for the faithful perfory.- anee thereof; nor shall the acceptance be prima 'facie evidence of he performmneq of any provision of this Contract, except to the extent of entitling the contractor to the con tact price therefor. The contractor agrees to pay for all labor and materials used o 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. _sset, assignee, successor or subcontractor; and the city may reserve out of any allowance made',orr arty estimate in favor of trhe contractor or = assigns, or out of the amount due him or his assigns upon the cor*- etiaty of the work, so much as ma- cessary to pay all laborers or m teriai risen for amounts due them for work done or materials usea :.r .ur'nished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, ma, retain motley eo1L,ted from. property►._ owners assessed fer.said improvement to pay such debts or until t e. contractor shows that they, have bea uaid or satisfied 1 e co- :,.'% to remo- . n1l ru'-'Ysn, ear*h, and un'.^,e material 3n the stre As or 61;a,3 i.'::.,i•<sy� moo. _._o l upon the completion of the impro­,mcnt or the repairing thereof. The work of ma.kingsiich improvement shall be completed acc rdirgg to th e� s of this contract on or before the.......................1 t1ft.......--............. ... -------------day of............. -_ Y:it § .4 .1§ ........... ....... 19........... . unless the time for the completion of the sane shall be extended in, w:it ~.g by t, a Board�of Public Worl s, A.-d it is agreed that any such extension of tim4, or ar.v alteration o t;is contract or of the manner or meth- ,od of doing such work shall in noway affect the, duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor Ghall not assign this contract, o sub -let the work or any part thereof to be done hereunder, withott the w:it-'en co _s-.nt of the Board of P blic Works. It is further agreed .and stipulated t°hct foy. contractor shall ve to residents of said city and count} preference in the employment of all labor necessary in the perfor; ante of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to o merve this stipulation. And upon the performance of all the terms and conditions of his contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- ments. . To each of the conditions and stipulations of this contract, inclu ing all and singular the provisions and terms of the Flans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself., pr:3 the respective successor or assigns of such parties. IN TESTIMONY WH EREOP, We, the Pore ping named parties, here- unte set our, hands this 13th.9 day, of August 1919. CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES a #.tyEFRQST IISEB Contractor, JOHN F. DEHAVEN Its Board of Public Works. 12 Pad r:ed e v A ttrttte is 1'�T+ lf 1 �1 Ct (� �it�'j .i�tll4t3 -_ i C ONS TH UC T ION ``1B Ohi'D 00,T ALL MEN by these presents, that we H. N. Barnes of the County of S t . Joseph, State of Ind iama awl pr ine ipa 1, and Fred W. Keller and L. C. Whitcomb as sureties of the County of St. Joseph, State of Ird Tana as sureties. are held and f it mly bounds t o ` the C it y of S outh Bend , Ind lane in the sum of Two Thousand forty five Dollars (12,045.00) Dollars for the payment of 'which, well and truly to be made, we. jointly and severa lly bind ourselveo, our heirs, executors, avdx administratwe and ass igns, firmly by these presents. The c and it ions of the obligations are sue that Wthe above named H. N. Barnes shall fa ithfully c omply, with the f oregoing .c ontract, made and entered into the 13th.., day of August 1919 with the City of South Bead, .D iana,. and s ha 11 f uif ill a 11 the s and it ions andstlipul 96tions therein contained, according t o the true intent and meaning there of, in all res pea to., then this ob1igat ion to be void, otherwise to be and re ma in in ;full force and virtue in law, In the event the said City xf shall extend the time for the c omplet ion of da id 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 stria ll not be he ld res pons ible for the ma it tenance and repair of the improvement after it has-been accepted *by the sacorid party, but such sureties shall be held .res pons ible for the f iaWul compliance with all other conditions, stipulations, and requirements covered. by or set out in !the contract, Witness our hands and sodas this 13th. , day of August 1919. HARRY N. BARNES FRED W. KE LLER ;be above bond approved this 13th., day of August 1919. G. A. ELLIOTT HARVEY F . R OST ISER JOHN ? DEHAVEN .. .. ...: Board of Pub 1 ic- W or)m. ......... . .... . . AFFIDAV ITS° FOR STATE OF IHD TANA ) ST. JOSEPH COUNTY (33 I. L. C. Whitcomb swear, C ounty . State of Indiana, of which, I am of over ton thopsand dollars over and ab alllowed me by law , as I *be lieve, so he 1 Subscribed and sworn to this 12th. , day of August 191Q. My C ommiss ion expires July 10,1923. 5 `IA TE OF IND L• NA ..) ST.JOSEPH COUNTY (SS SURET IFS. hat I own real estate in St. Joseph ossessed in fee simple of the value ve my indebtedness and the exemption me God. L. C. 'WH ITC OMB yore me, the undersigned Notary Public CLAUD INE BR ICKELL SNOKE Notary Public I, Fred W. Keller, swear that I own real estate in St. Joseph County, State of Indiana, of. Which I am possessed in fee simple of the value of over ten thousand dollars over and above- my indebtedness and the exem*fiien allowed me by law, as I believe so help me God. Subscr abed and sworn to day of August 1919. My Commiss done exjifres July 10,1923, F_RED W. KELLER of ore me", a Notary Public this 12th. til?1N +, BRICKEL,L SMOKE Notary Public i 126' Wednesday August 1 h.,1919. Continued.. The Board granted the Williston Construction anstruetion Company an extension of ninety days on the Wenger Street said Carrell Street pave- ment improvement from August 15th.,1919November 15th.,I9!)9, Engineer filed assessment roll end final estimate for pavement on Allen Street from Van Buren Street to Portage Avenue, under Imprevement Resolution No. 667. In the City of South Bend, Indiana. R"olved that notices -as to the assessments be publ ishdd for six copse, ut ve<:ciays i the South fiend Daily Tribune, commencing , on the 25th.0 day of August 1919 stating that �hi:3 Board will give: a ho6r ing on the amount of such assessments at it office in the City Hall on the 3rd._ day of Septeriber 1919 at 7r15 P.M. Res olved further, that the entire work under the above contract be accepted and approved and the finallestimate thereon allowed: The Beard sppe4ted H.- G. Miller,: 'F.d.:. Neddo and Dagiol Shurt$ as appraisers on a strip of land and houses to be taken for the opening of Calvert Street from Michigan Street o Main Street under Condemnation Resolution .No. 54, and the Ctty Engineer instructed to communicate with the above mamtioned men and see if they would serve as appraisers. - The following claims were approved by the Board. Salaries Dept..........................$41.66 Miscellaneous Dept ..................... 12.50 Miscellaneous Dept ...................... 24.00 Cemetery Dept...........................100.00 CityHall .............................. 90.00 Building Dept .................. .......319.16 Total allowed. 587.32 -f President.