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HomeMy WebLinkAbout09/02/1919 Board of Public Works Minutesi Board met in regular session at 10: 00 A.M. Mr. H. F. Rostiser absent. David Westbury appeared before the Board and took up the ma Titer of the heating system changes caused by the addition of now room to the Board of Public W rks Offices g.nd the Board°approved of the following contracts, . - South Bend Ind. Sept. 2,1919. j o the Board of Public Works, South Bend, Ind. C tl eb. emen. I propose to furnIsh abnd reabr ick it the manner under s and it ions and at the price opec if ied he -coin. _ PRICE TWO HUNDRED & TWENTY FOUR DOLLARS (V?,24. 00 ) Scope of Work. I propose to furnish :such new brick, Time, cemept and Sand, necessary for rebricking of the present boilers. Take down all brick work over top ° of bailers and on eachide to as pint• There it is nec-scary to corble into boilers to form Flue Space. Take down all of the rear end of boilers,and extend the combustion chmmber so that there will be a combustion chamber of at ';least 22 " below brick work and end of boildera and form a 6" Smoke Flue on each side and on top of each boiler and leave opening on top of boilers at rear and for amok, ipe, this brick work to be done in accord"with bricking plans and spec if icat ion prepared by the Kewanee Boiler Co. I guarantee that when this change is made that you can burry any fair grade of soft coal, providing the Engineer in charge keeps flues cleaned and boilers in perfect working condition, Th is change in Br is k work will enab 1 you to burn s of''t o r.� hard coal as you may 90e fit at a saving of 20 to 30% over the present c and it ion. This proposal is written in duplicate and when accepted in 17e manner provided below and my signed copy returned it shall became a contract. Respectfully submitte,d, ` M. H. BUIRKE BY D. A. rESTBURY Accepted:` G. A. ELLIOTT HARVE Y F . RO ST ISER JOHN H . DEHAVEN. ° To the Board of Public Works, South Pend, Indianab. Gentlemen: - I propose to furnish and remodel in t the price spec if ied herein. PRICE. One Hundred & Forty eight Dollars ($148.00) South Bend, Ifid. ` Sept. 2,1919. T. -ar,nner under the Conditions and at I propose to furnish new smoke pipe sad smoke Britchen for the t e boilers now Installed and located in the City Hall South Rend, Ind., ; Take down the present Smoke pipe and smoke Br itchen and change location of this pipe from in front to the rear of boilers,, enlarging smoke britchen to conform with the combined area of the two smoke pipes, it is understood that I am to use such present material that i sound and in perfect condition and to furnish new material .f or making the new type of ameke pipe and britchen. This pipe to be put in corinectioi� with the rebrickin; of bailers ands arranged thet pipe may, be cleaned witheut taking same down.' This new pipe to be` so of the same heft and gauge of material as the present smoke pipe ; And I guarantee that when this change is made and the worm completed that you will increase the efficiency of draft nd lessen the smoke and gas leakage and give you a perfect working condition. this pro-oosal is written in duplicate and when accepted below and my, signed copy returned it shall become a contract. *espectfully submitted, WM. H. BURKE ACCEPTED;-G. A. ELLIOTT-H. A. Westbury. HARVEY F. ROSTISER JOHN F. DEHAVEAT ' I Sept. 2,1919. To The board of, PUBLIC WORKS. -° South Bedd Indiana: 1 Gentlemen:- . I propose to furn�s# AnD �epoDel in the -manner unDer conditionS And At tie priCeS SpeC if ied herein. price 1 oxie liundred Seventy five dollars 9-175. 00 i11cope of work. TAke down All of the present steam return lines At rear of boilers And bring ^ sAme out from present,. locat ion to conform. with the new Brick Work of boilerS.. I Am to furni-Sh All of the neceSSAry ;new pipe:, fittings, And vAlue s thAt Are reQuired in making this change, but what old material that is sound it is understood will be ,used in this work.' j renew diaphragm rubbers and put in new connections to ,damper, regulators and put the Boilers in perfect working condition And when this work has been completed your Boilers will be in perfect working condition and ready for heating thwibuild ing, phis proposal is written in duplicate and when accepted in the manner below, and my signed copy returned it shall become a contract. Respectfully submitted WM. H. BurKE by D. A. Westbury ACCEPTED G. A. ELLIOTT HA$VEY F. ROSTISER JOHN F. DEHAVEN p s. the reinforced hand holes for both boilers is not included in the above price as this work comes under the head of boiler maker. _ The question of the opening of,Be an street to 51W VILLAGE property on the petition of the Studebaker corporation was discussed and the matter referreed to the city c iv'il engineer to be reported on at next regular session to be held tuesdaye " Resolution for GrADE, Curb and Wal on El. r Street from Lincoln Way West to the Creek was ordered prepared by the Board. the Board instructed the Clerk .to ave Representative of the Indiana & MichigAn Electric Company AnD Mr. H. A. Wood of the H. A: Wood ReAlty Company to AppeAr before the Board TueSdAy September 9th.91%9 At,LO:00 A.M. in regArd to the lighting SyStem in MArQuette PArk. 15" " 3 F the HOARD ORDERIM THE Indiana & Michigan ELectr is Company to take care of all underground work in the alley east of Michigan S treet. Permiss ion granted the Grand Trunk WEs tern Ry. ,C ompany to 01080 i:ivision street every two blocks At A time on and after September 8th.0 for the retying and replanking of the tracks. The Fire ,DepArtment to be notified of `the streets to be closed. SAme to be properly barricaded Acid lightS plAced. From LAurel to Michigan St . This being the dAte Set for track elevAtion, of the New York Central Railway Company °trAcks from Michigan to Chapin Street in this City, the Board deferred this hearing until Tuesday October nth. ,1919 at 10: 00 A.M. The BoArd ordered bids Advertised for pipe sewer on Brookfiled Street to be received September 23rd.,1919 at 10:00 A.M. The Board instructed Clark to hAve Ordinance drawn up to $5,000.00 Dol lArs for the Eng ineer ing DepArtment. The Board ordered thAt the Indiana & Michigan Electric Company be notified to lower All manholes owned by their company on Division Street from MiehigAn Street to LAurel Street. The following resolution adopted by the Board. a SOLiTTION FOR SERVICE CONNECTIONS WITH MAINS. �(4 r7 2 WHEREAS, the Board of Public Workson on the 30th. , day of July 1919 did Adopt A resolution ordering and requiring the prmanent improvement of CArroll Street from SAmple Street Ito Elder Street, by pAv ing the roadway of the sAme, and • WhereAS, the C ity Eng in ear h=13 prepared And f ilad in the off ice of this Board showing the numb r And location of the service pipes, conduits, mains, laterals and connections which Are,- or will be necessAry o °ccommodate the abutting property and the owners thereof with W. v water, sewer, and other conveniences and necessaries;, and also said. City Civil Engineer has prepared and filed in said office spec if icat ions showing the material to be used and the manner. o� laying said servbee' pipes, mains, conduits, laterals and connections from the mains to the points inside the curb lines. THEREFORE, be it resolved by((t a Board of Public Works of the City of South Bend, Ind iAna, that the report of the cli y Civil Engineer iS Adopted, and said re- port and the specifications prepared and filed b him are made a part of this resolution as fully and effectually as if copied herein at ull length; and it is further ordered that all of such private connections with the se or,, gas and watermains be made in said street by -bringing them inside the curb lines th reof. And be it further resolved the notice by publication for two successive days in the South Bend Tribune , A newspaper of general circulation printed and published° ihthe' C'itY of South Bend, Indian , be given to the owners of the property abutting upon' `s°ald street' to beimproved, directing them to make such sewer and water connection`s on'o'r°%efo°re°°the 29th.9 day of September 1919 and that if said connections are not made on br� berbire° said- time and in accordance with the specific-`ations and report on file in' the' off°ice° of the Board of Public Wor csj, then said Board Will cause the same to be made and` will° °ssse°ss the cost thereof against the property abutting upon said street, nd sha%12' d`u` h'll° nLher things pertaining thereto according to the provisions and requirement`s' of" Ord'inanwe° No,., 1842 adopted by the Common Council' of the City of South Bend on July 24,`191�,° 'an t' of' a°ll° other- ord-Inances and laws relating thereto ° And, be° 1,V furthjer- resolved and ordered that after the 20 day period has :lapsed fo-r that making of said• connections by the property owners, a notice shall be published for. two- weeks-0- once° each week, in the South Bend Tribune, a newspaper of General eircultipublished in said City, requesting bids from contractors for the making of 'such connections as have not been made by the property owners, and such notice shall fix a day, not earlier than ten days after the first of such publications,, when bids shall be opened and a .contract let for doing of said work. And be it further ordered that the Northern Indiana Gas & Electric company , which holds a franchise from. and is gmpowered by said City to furnish stet if ioal gas to the citizens thereof, and is engaged in said business in said City, is hereby directed Lto make and install all service connections with its mains in said street in AccordAnce with the prov is ions of Ordinance No. 1555, adopted, Jura 27,1910, and such other ordiances or laws applicable thereto; 'which eonnect ions are shown upoli the report of the City Civil Engineer,, and which are hereby declared to be necessary in supplying gas to the owners of property abutting upon said street. Adopted this 2nd.°, dAy of Sept.,1919. _ 4 'G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works. The following •eommunicAt:ion=received from Geo. M. Urey Sexton of the City Cemetery And A resolution ordered on sAme. To Ron. Board of Public Works, Aug. 27,1919. Gentlemen: The records in this office shows that jMAry M. Clark owns lot #19 B1ock A. RAnge Test She hAs lost her deed And so fAr as our records show is entitled to a duAlicate deed.. there is no claims and records show that she paid 025 06 for the lot. respectfully, G. M. ey Sexton. i The fofldwjng bonds and contracts were approved by.the Board. PUBLIC IMPROVEMENT CON CT. THIS AGREEkENT, Made And enterode-into this 28th. , day of august -1919 by And between L. H. Webster of the County of St. Joseph and State of IndianA hereinafter referred to as the " ContrAetor" }, and the City of South Bend, in the County of St. Joseph, And State of IndiAnA, by and through its Board of Public Works ( hereinAf erpreferred to as the; " City"), under And by virtue of an Act of the Genera, Assembly of the StAte of Indiana, entitled " An Act Concerning MunicipAl Corporations approved Mtirch 6,190% and all Amendatory and supplemental acts thereto:- WitnesSeth, that the contractor cove sewer on Diamond Avenue , in the City of South Be ing prices: nts and agrees to construct trunk , Indiana, at And for the follow- 240 lin. feet of 24 inch pipe sewer, per lin ft........ • ....$7.00 1120 tin. feet of 20 inch pipe sewer, per lin ft.....•...,... 4.50 344 lin. feet of 18 inch pine sewer, per lin ft•.••••.....•• ..10 2015 lin. feet of 12 inch pipe sewer, per lin ft....•.,...... 2.50 90 lin. feet of 10 inch pipe sewer, per lin ft...... • ... a .. zoo• bid 1005 lin. feet of 8 inch pipe sewer, per lin ft... • ., ... • • ., >-180 2832 lin. feet of 6 inch pipe sewer, per lin ft............. 10eO 214 ldn. feet of manholes, per lin t......................'7,0 39.9torm water grates, each................................ZO: 18 manholes, curbs and covers, ea _12090, ............•.......0,®� 498 lin. feet of 27 inch pipe, p r lin ft..................10.00 1202 lin. feet of 22 inch pipe, per lin ft•,... ,......... 5.50 The above contrAct not to exceed the sum of $27,890.00 the contrActor hereby Agrees to accept the same at the sum of $270890.00 • I jo 155 114 to k9r'faim flit * 1`k in t4 € roiweution of said improvement under and awarding W tho torml 1kno qoov, Jul( 16 1919 �i.: bl � �;4 :�t�ia'�i��i1±� SEll1ltic9t3 N'�, ,,....:�A�0....-____, adapted by the ;i�oard of Public i�'osl��eeeeeneeee a�e�alG99 e $��:® fld�fi#ttn3g tfn fits the office of the', Depa-rtment of Pull t�1jp%� V+€h91 A1� #���f3 li 4 ff.; Pi it SON f1d pee-ifieattans are made a part hereof as fully and effectunily as R tw &t1 let, 64 �l h az hill tefigth, efmfutaf ftifthor eitPr@vly covenants and agrees that in the prosecution of sr�1d wpt'u 1111 Prqpo t+. ! f ° l 1 epf ±s?d, th he !1 h on �, d t .,'A� all excavationo suet ditnRarA�1� � g ,f{ i9 at`o "fir '°' * i -i?..y '1 ry person or p-o,,irty; tbat 1,1 t%j a�4�h � .�. fr•,m n-- „�..�±+cr , r. e_; ft mp, `� of datw 4 1'.��tlltit"ig =r_,� th , �4r , . or rep ,.± irg y : or th`±� onnm fpd 019V01 '�i P fir �iii V�Mfo fly t� ttl�y t?Yla ter t�ropPr �Y, h t " 11 r1.� a, n fir .4date the 8n,ue at tls of a p ►tq � 3 ,IFt, 1i4t 1 li ii'tf f l t4br, tied in the eier,t of ariy (Ja,r± or claa+nls bA+'rig matte or ate t�ctspti r� �,cltprt� � Bl b l*fit i 4A the thy by MU151A or'on -t- out:t of or growhig out of s^'d a rnr3- or ts e��� ararr�t#ott s 4i r kd'i' WM lit ail% pa?�� *�%% defer±d the same, and n !tl pay any to dgzate�t art -�J i� Ni oft ijAdmavd irid %a.'te harmtess said city, its officers, a.gento or xEpxe�en : f'sr a !:V r )31" j g1� t .. 11 yt id � yt li din �maecta®n ratty siz�'� cl�aoa �x e aan ,Eck€ard �+ "xs R. A .fib t .. xr , w s. repairs a; n the period and in the ma..ner as fixed by the snecif�cations, and to sec"re Inc maintenance and repair to fine with t'.±e Board of Public Works a bond W,th sufficient surety therecn and in an amount as fixed by `he specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be sibject to the same liability to the city and any other person for any injury or damage to any person or prop- e4 ,y in the same manner and tothe same extent as is fixed in the last preceding paragraph covering the coii- sii-uctioli wore:. A -d it is further agreed by and between said parties that the acceptance of the work provided for to t'..is contract, or the paym:nt th^reef, shall not constitute a waiver o-n the part of the city of any oi the proms- let s of this contract, nor shall it r ease said contractor or the sureties on hits bond for the faithful perform- azice 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 contract, wliether done or furnished for him, or his agent, assiz nee, successor or subcontractor; and the city may reserve !out of any allowance made on any estimate in favor of the contractor or ' assigns, or out of the aniount 'due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers o% material men for -amounts due them for work done or materials uses, _araished to be used in the performance of this contract apd the doing of said worm, and the county treasurer, acting as city treasurer, may retain money collected from property owners assessed for said improvement.to pay such debts or uuTil the contractor shows that they have been paid or satisfied e ec._: a. -' to remo- _ all ru ` isi1, earth, and uimsed matenai la cite streets or sides , 31 c<l;va. the completion of the 'improvement or the repairing thereof. The work of making such improvement shall be completed )yordin to th s of this contract on or before the----- ---------------- -2nd..---------------------------------------------day of---- I Dea a of -..........................19--------- ttniess the time for the completion of the sat--e shall be extended in writi:-a by the Board of Public ` tor?:�s, Acid .it is agreed -that any such eaten,ion of tim•, , or any altera.`i n of'this c �ntract` or of the manner or meTh - od.of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his su c-- ti� It is agreed that the contractor shall not P'ssign this conl-raot. or sub -let the work or any pait thereof fto be done here.zncer, without the -�.-it en cc), � of the Bo -d f D; l?iC ~Works. ?t is further a reed a d stipt.?^ d the contractor g - sh 1 Q, •re to residents of said, city and county >refei-mce in the employm—nt of all labor ­,Pcessary in the pert_ rmance of this contract, and failing to do so, slV1.11 forfeit to the city the sum of ten do?tars for each f ,;I­T,� -o observe this stipulation. And uf;on the performance of all the ter -as and conditions of this contract, and things to be 'done and �fc rn^d by said contractor the said city agrees to ca se the cost of doing such work to be assessed, col- ',. a A ,, A,pn.id to said contractor in the sapper fixed by the statute governing the making of such improve. To ,,­�ch of the conrlitions and stipulations of this contract, i eluding all and singular the provisions arld t c -, of the pinns, profile, sp-:cifications and- resolution aforesaid, the `lmdersigned'binds hix:'tself or ctive successor or ass;gr:s of such partied: INTESTIMONY WHEREOF, We, the our hands this 28th. , day of August 1919. CITY OF SOUTH. BEND, IND IANA. BY G. A. ELLIOTT JOHN F. DHAVEN Its Board of 'ubl•ic Works CONSTRUCTION BG Know All men by those press: County of St. Joseph, State of Indiana,- as prini Whitcomb of the County of St. Joseph And State o f i:rmly b ound to the C it od South Bend, Ind iana, hundred And forty Pius (,$1Aj945.00)Dollars for t to. be made we joyritly and ses�erally bind oursel and assigns, firmly by these presents. The c and it ions of the ob 1 ig L. H. Webs ter shall faithfully comply with the f into the 28thd..day of August 1919 with the C it fulfill � all �hq , C orid it ions and stipulations thex florego ing named parties, hereunto sat L.- H. WEBSTER Contractor. ts, That we,. L..H. Webster ' of the ipal and Fred W. Keller and L. C. Indiana as sureties, are hold and in the sum of Thirteen ThousAnd nine .e payment of which, well and truly ,es, our heirs, ,executors, administrators intent and .meaning thereof, in all reespects, thew to be and remain in-mall.force and virtue in law. extend tho - t imee , f =:r , the , c omel et ion o of said work,'! lease the sureties.on-this bond. t ion, are such that if the above bound regoing contract, made and entered of South . Bend , Indiana, and shall in contained, according to the true n this obligation to be void, otherwise In the event the said City, shall such extension shall not in any way re - 156' This Shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and rep& -Er of the improvement after it has, been accepted by the second party,. but such sureties shall be held responsible for the faithful compliance with all other cond it ions, st ipulat ions and requirements, covered by or set out in the contract. WITNESS our h%nds and seals this 28th., day of August 1919, FRED W. KE'LLER L. H. WEBSTER L. C. WHITCOMB The above bond approved this 2nd, day of September 1919. G . A. ELL IO TT JOHN F. DEHAVEN Board of"'F'ubl'io Works.. . AFFIDAVITS FOR PERSONAL SURETIES. StAte of IndianA. ) St. Joseph County. SS 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 Fifteen ThousAnd DollAr rover And above my indebtedness and the exemption allowed me by law, as I believe, so help me God, FEED W. KELLER Subscribed and sworn to bef this 28th., day of August 19i9., My CommiSS ion of ires July 10',1923. STATE OF INDIANA. ) St. Joseph County. ( gS. e me, the undersigned Notary Public C LAUD INEy BR IGXM SMOKE. . Notary'' Public I, L. C. Whitcomb swear thAt I own real estate in St. Joseph County, State of Indiana, of which I am possessed an fee simple of the , value of Fifteen Thousand Dollars over and above. my indebtedness and the exemppion allowed me by law, as I believe, so help me God . C. WHITCOMB Subscribed and sworn to before me, the undersigned Notary Bublic thi 28th. , day of August 1919. Witness my hand and off ic•iol seal. CLAUDINE BRICKELL SNOKE. My Commission expires- July 10,1923. Notary Public PUBLIC IMPROVEMENT CONTRACT. This Agreements. MAde and entered into this 28th.9 day of August 1919 by And between L.. H. Webster of the County of St. Joseph and State of Indiana ( here inaf ter 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 by virtue of an Act of the General Assembly of the StAte of Indiana, entitled " Anr-n at Concerning MunicipAl CorporAtions, approved MArch 6,190% And amendatory and Suppletal acts thereto. Witnesseth, that the contrar covenants and Agrees to construct pipe sewer in George Avenuefrom Osborne Street t the lst. alley east of MariettA Street, in the City -of South Bend, Indiana At aid for the following prices:-- 536 lin. feet of 12 inch pi a sewer, p r lin ft....... $2.20 28 lin. feet of 8 inch pipe sewer, per tin ft....... .90 252 lin,. feet of 6" inch conduit pipe, per lin ft.... .90 20.3`tin. feet of manholes,lper lin ft..............,. 7.00 2 storm water grates, each,......,..................10..00 2 manholes, curbs and covers. each ...............# , 20.00 157 and to perform all work in the prosecution of said ilaproveinent UndcY' to tile. tet-nls -,till ditions of Improvement Resolution No. .695--- -------------- adopted by tile, Io rd of Pi-iblic t of s �Tll�y .:.�._,,1919. and the plans, profile and specifications on file in the office of the Depa: lent of Pi.,O,izc Woz}:s, vv ,+ olk s,i•.a resolution, plans, profile and specifications are made a part hereof as £ally and effectst=,lly as if. ccpittd. )wl set out herein at full length. Tl,e contractor further. ex—e-es-lv rove ia.nts and agrcn-s that in the prosncui-on of sa;d urot>; �,11 pt,,i,4•r skill d Care i`"`1 be eXerCts? ; tf 11e I ,n�i- ' `d a'I a7>,, ra i!)t:'l� 2.i" 1 f�allo".I'i)�19 [la `:5. and t tlSe ? 1. due a' r,r ?Pr OY ...' L� .o, tO !). '_' t '1• v r7 .'. v 1) :t o1 ^r ' `L a i l._ t-1 a• r'�t �+ -. r nr rC 7 ,,.,�; fr'?t1_ �--y . fi .., or ariSitlig the rQiMin, t0 a.rty p')Y`�^`1 (lY' D- i`..rv, n".' -:jl „1V s"...,., , P 1? r-.,:'t ''1g "�'• h a5 f '.f' } trls } i .1 �4 H s,,:��:: �.he liability thur-io, ; ar.;l in the event of any ._ o c ? �..-'v e c� � sv a,- ��� _t � , 1 brc ,lit agai~> ;t the city by reason or on acco, :_t of or gro wing o ;t of ,,,ontr•a.ctor will at his mvn expense d'efcnd the same. Ord ..,i pay any ju: srne_it ail cespects ftttly irtd tn-, ify and save harmless said cy, its officers, g,nt or r c a'=i .­ "pay'went or ludg-meat recovered in co-:nection yzr. 'l' st ::1 c..alr'7 or Oa.it ,S, a..t C)T+ OT - ;:r s nr ritl_7t(1 t fl tl.)y of t t{iy � iC,'�4��_i is lJ S`t»� �'"'� 1P city $1�'} Po`.'Y y ."`il� r ;' a OC f .1 rI _ co: .ra: `.ol' akr_ s iU said, i,:"_c s ,. l re yalrS as Tt; �' Y;+ t17e pperiod and in the manner as fiN0 the snp6l�cationsl and to secure tale maintenance and repair til T : ` to fife with file Board of Publie'Works a tion.Iith suN, ez`ent surety thereon and in an amount as fixed.by _hc sl,ecifica.tions. And in doing such repair Nvorlc'the contractor and the surety on his guarantee bond shall be st.•bject to the sarste liability to ,the city and any other person for any injury or damage to any per-s :'n or prop- r;:y in the same manner and to. the same extent as is fixed in the last preceding paragraph covering the cott- i'U.<:t1on worn.. A_d it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment th reof, shall not constitute a waiver on the part of the city of any of the provis- ici,s of this contract, 'nor shall it r::lease said contractor or the sureties on his bond for the faithful periorm- &:;.re thereof; nor shall the acceptance be prima facie evidence of the performanceyoi' 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 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 r assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or material men for amounts due them for work done or materials uses; r Burnished to be used in. the performance of this contract and the doing of said worn; and the county treasurer, acting as city treasurer, may retain money .collected .from property owners assessed foy' said improvement to pay such debts or until the contractor shows that they have been paid or satisfied `the cont-a^`or agrees to re.mo-a a1l -rub`aish. earth, and unused material hi the streets or sides thcc x _A upon the completion of the i%provemerit or the repairing thereof. The work of makTn such improvement shall be complete ie s}xsO this contract on or before the ........... .....�21C1.. ......................,- da-y. of..':......., - .. ..........., 19..........E unless the time for :the completion of the same shall be extended in writing by the Board of Public Works. And it is agreed that aiy such extension of time, or any alteration of this contract or''64 the manner -or rneth�', od of doing such work shall in no way affect the duties, obi gations or liabilities of the contractor or his sui'o- ties. It is agreed that the contractor shall not P.ssign this contract, or sub -let the work or any part thereof to be done hereunder, wit the -,,rotten co.I's _, t _of the Bo rd of Public Works. It is further agreed and stipulated that `m contractoT shall give to residents of said city and county preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall. forfeit to the city the sum of ten dollars for each fai.nre to observe, this, stipulation. And upon the performance 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 cost o; doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of avch improve- raents. To each of the conditions and stipulations of this coritr ct, including all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid. the undersigned binds lihase.lf or itself, and tho respective successor or assi�r_s, of such parties. IN TESTIMONY WHEREOF, We , set our .hands this 28th. , day of August 1919. CITY OF SOUTH BEND, INDIANA. BY G. A. ELLIOTT JOHN F. DEHAVEN Its Board of Pub 1 is Works. - CONSTRUCTION she foregoing named parties, hereunto L. H. WEBSTER' Contractor. KNOW ALL MeN BY TEE PRESENTS, That we L. H. Webster of the County of St . Joseph, StAte of Indiana , as pr in ipal and Fred W. Keller and ' L, C. Whitcomb as sweet ies, are held and firmly bound o the City blf South Bend, Indiana, in the _ sum of night Hundred and seventeen Dollars ( 17.00) 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 these presents. The conditions of the obligation are such that if the above named L. H. Webster shal faithfully comply wit the foregoing contract, made and entered into the 28th. , day of August 1919 with the City of South Band, Indiana, And shall fulfill all the conditions and stpilations therein contained, according. to the true intent aid meaning thereof$ in aLl respects, then this obligation to be void, otherwise to be and remain in full _force add virtue in law. In the event the said City shall ex- tend the time for the completion of said work, such extension shall not any way release the sureties on this bond. i This bond shall ba A construction bond, and 'the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has beet, accepted by the second party, but such sursties shall be held responsible for the fiahtful compliance with all other conditions, stbpulstions and requirements covered by or set out in the contract. 'WlAtLess our hands and seals this 28th.9 day of August 1919. L. H. WEBSTER FRED W. KELLE L. C. WHITCOMB The Above bond Approved this 2nd. dray of September 1919. G. A. ELLIOTT HARVEY F. POSTISER. BoArd of Public Works. i AFFIDAVITS FOR PERSONAL SURETIES. I' STATE OF INDIANA _ ) ST. JOSEPH COUNTY (3S ) I. Fred W. Keller,-swsar that{I own real @.state- in St. Joseph County, State of Ind iAnA, of which I Am possessed in fee 0 innle , of the value of Fifteen ThousAnd Dollars over And Above my inde tedneso A_tl the exemption allowed me by lAw, As I believe so help me God. Subscribed and xWorn to thi f,28th., dAy of August 1919. My Commission expires July 10,1923• STATE OF INDIANA ST. JOSEPH COUNTY ( SS I, L. C. Whitcomb sweAr that County, State of IndiAnA, of which I Am possess Fifteen Thousand.. Dollars over And above my inde by law, as I believe , so help me God. L. Subscribed And sworn to,before this 28th. , dAy of August 1919 Witness my hand and off ical seal. My Commission expires July 10,1923. PUBLIC IMPROVEMENT This, Agreement, Made and enter 1919 by and between, The white Construction Com and State of Wisconsin (hereinafter referred t of South Bend, in the County of St. Joseph, an its Board :of Public works, (hereinafter referr virtue of an Act of the General Assembly of tb Concerning Municipal Corporations," approved N supplemental acts thereto: - 'RED W. KELLER i me, the undersigned Notary Public IKE BRICKELL SMOKE. Notary Public. Iown real estate in St. Joseph id in fee simple of the value of DtednesS and the exemption allowed me WHITCOMB the undersigned Notary Public INE BRICKEEL SMOKE Notary Public ONTRACT. into this 28th•, dAy of August ny of the County of Milwaukee, as the " Contractor"), and the City State of Indiana, by and through to as the " City") , under and by StAte of Indiana, entitled " An Act ch 6,1905, and All amendatory and Wintesseth, that the contractor covenants and agrees to construct Trinidad Lake Natural Asphaltic concrete pavement; on Ford Street from Olive Street to point 345 feet east of Kosciusko Street, in the City of South Bend, Indiana, at and for the following pr ices: - 4- 488 lin. feet of curbing par lin. ft...................$A40 2696 cu. yds. of grading per cu. yd. ...................1.00 30 storm water grates, each ......... ......0:..;......... 10.00 1424 lin feet of 8 inch conduit pipe, per. lin ft.. .80 30 inlets reset, each ....... ........................ 2.50 830 lin. feet of marginal curb, per lin ft..... .20 8 manholes reset, each..... .......:............... 2.50 8223 sq. yds. �of Trinidad LAke Asphaltie concrete' per' sq: .yd..... .. ..?..45 8223 Sq. Yds. of Standard Adexican Asphaltic concrete per sq. yd...' ::.. 2.32 mill to perform ail work in the prosecution o. said improvement under and accordin" to tkt terms acid cone ditions of Improvement R-esollition lvo..._ 8g-------------- adopted by the Board of Public Wori s....Jti,R!?.__ 9.11919 and the plans; profile and specifica.*ions on file n the office of "the bepartment of Public. Works, which ,Said resolution, plans, profile and specifications are'trip.de a part fiereof as fully and effet'<tuaily-a.s it copied `and set out herein fat full Length. -he contractor further expresAy covenants and agrees that in the prosecution of said work all proper skill a,!d care 4, - 11 be exerc:sad; th ' het --=11 -1 p- -) ­_ all excavat oris and dangerous places, and ­ M use al!. due and Droner prec21tion to t,)r v< i,, , to <ry person or p~c^e ly; tn'at i7 t?^a event nc aj)y injury or dam^;e resulting from t*,,; r'- or res ' -g from :,-.v r tt"er or thinp.*corirec* d thereivitTl or arising therefrom, to any person or property, he =--�11 ray ar,-i lir-n-idate the same at his own expense, and as- sume the liability therefor; and in the event of any c+a_M� or:: ciairns being made or any action or actions being bro-tght against the city by reason or on account of or growhig out of ss-,d work air. its construction, th,- s-A contractor will at his own. expense defend the same, and will pay any judgment recovered therein, and wi "l in all respects fully indemnify and save harmless said city, its' officers, agents or representatives from all cost, expense, p4yn7ent or judgment recovered in connection with such claim Lor clairns, action or actions. Aid f within ten days after any such action is begun, the city shall notify the contractor of tr_e pende�icv the-r^o.f, , th_� n any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to t1. ',mount, liability and other matters pertaining thereto.- . A: d the agrcas Li, LU—I.P -azr3 said 4.1-1 v -l- i t a".0 i",a,,e such repairs as ma}: t s rucf:ssa_ ; the tried and in the manner as fixed by the soecifi _a'_ions, and to secure tale maintenance and repair tnerto. to Me with t.ie Board of Public Works a bona�%vlfh sufficient surety thereon and in an amount aQ fixed by the ipeci cations. And in doing such repair work the contractor and the surety on his guarantee -bond shall be #tfbJcct to the sas:ie'liability to the city and any other person for any injury or damage to any pees-r a or prop - COY in the same manner and to the same extent as is fixed n" the last preceding paragraph coverii4g, the co - stru.ction worts. And it is further agreed by and between said parties t at the acceptance of the work provided for in this contrail, or the payment thereof, shall not constitute a waiver on the part of the city of any of the .provis- 10tis of this contract, nor shall it release said contractor or ;,i.. the sureties on his bond for the faithful perfo*. mice 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 contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor ; and the city may reE erve out of any allowance made on any estimate in favor of tiie contractor or ' ' " assigns, or out of the amount due him or his assigns upon the completion of the v�orls, so rriicr. as m�: cessary to pay all labor, rs or material men for ariounts due there for work done or materials user=arnished to be used in lie performance of this contract and the doing of said worn, and the county trcajurer, acting as city treas rer, may retain money collczted from property owners assessed for said improvement to pay such debts until the contractor shows that they have been twirl or, satisfied upon the comp !e l ` the irnp o­ern it or the repa ing . The work of nnskir. sii^h improvement shall be cbm+11 beforethe ...................... -*---- .........................------.day of_ unless the time for the completion of the sane shali be ex And it is agreed th-at arty such'exten^ion ©f t�rme;•or anv alt od of: doing such work shall in no way affect the dut2es ob ties. It is agreed that the contractor shall not assign this co be done hereunder, withoot the writ_en co:a: ^t of the Bo It is ftitther, that contracto preference. in. the..employrnxtt:of ail.labor pecessary in thq1 shall forfeit to the city the sum of ten dollars for each fail -And -upon the-performanct of all the berms, and. oondit pperformed by said. contractor the said city agrees to cause lected and paid manner fi to said contractor in the annxed liy th meats. 'To each -of the conditions and stipulations of this contr m ters of'the plans, profile, specifications and resolution' of and -the respective successor- or- assigns- of -.such parties. : IN TESTIMONY 'THEREOF, We, set our hands this 2nd. day Qf Sept!mb r 1919. C ITY OF SOUTH, BEND, IND,IANA. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVENIts Board of Public Forks.. ur. e.d mates: -al ni the strt:.as or sines ;ted according to the terms of this contract, on or ....... D" Maier---1919A ......-------------- 3 19.........., ended in wnit, -g by the Board of Public 'Works# r<.`ion of th_s contract ovof the manner �'' meth- igations or liabilities of "the contractor or his; surew- :tract. ar' sub -let the work or any part thereof' to !rd of Public Works. shall give to resiaelits of said city and county Derformance pf this contract, and failing to do so', tire to observe this stipulatio ions of this contract, and thiigs to be done and the cost of doing such work ito be assessed, col - statute governing the making of such improve- .ct, including all and singular the provisions and iresaid, the undersigned binds himselfor or itself, i forogoiag named parties, hereunto THE, WHITE COSTRUCTION CO- M. E. WHITE, Pros. & Tre e. Contractor. CS�1� CONSTRUCTION BOND. Know all men by these presents, That we The White Construction Company of the County of Milwaukee, State of Wisconsin As principAl And MArylAnd CaBul.aty Company of Baltimore, Md. R3 sureties, are held and firmly bound to the, City of South Bend, Ind,iaenA, .in..tbs. sum of Elevex Thousand nine hundred and twelve Dflllars (011 912. DO). D.oll.ars. f.or. the. p.a.Xent of which, well and truly to be made, we jointly And severAlly, bind, onrooly o.. our. heir. S executors, AdministrAtors And Assigns, f firmly by, these, presonte, The conditionS of then obli&At,ions Are such thAt if the above JnAmed The White Construction Company .3 hAll faithfull comply with the foregoing contract made and ehterod into the 28th., 0Ay .ofo August 1919 with the City of South Bend Irtd iAna, And. S1gA11� Fulfill All the c and it ions And st ipulAt ions therein c ontA ined, Rcoordin- `td the true intent and mean ixtg thereof; in all respects , then this oblige tion to be void, oth-,�rwise 'to be and remain An Sull force and virtue in law. In the eveut the sAid City, shAllo extend the time for the completion of said work, such extension shAll not in any way release the sureties on this bond. This shAll be a construction bond, And the sureties on the sAme shall not be held responsible for the maintenance eld repair -of the improvement alter it has boon Accepted by the second party, but such sureties shall be held responsible for the faithful compliance with all I other c ondit ions, stipulations and requirements covered by or not out in the contract. Witness our hands and sows this end. day of September 1919. .E. F. HALKEY L. M.•MORTTER The above bond approved this 2nd. G. A. ELLIOTT HARVEY F. RO STISER JOHN F. DEHAVEN BoArd of Public Works. THE WHITE CONSTRUCTION CO. M. E. WHITE, Pros. & Tress., MARYLAnD CASUALTY COMPANY BY ABFRED A. MILLER day of SeptembsrA f�moy in fAct. PUBLIC IMPROVEMENT C�NTRACT. This Agreement, Made and entered into this 28th day of August 1919 by And between The White Construction Company of the County of Mttlwaukeo, And State of $Viscous in. (hereinafter referred to .'a the " Contractor"), And the City of South Bend;in the County of St. JosEph, and tAt* of Indi a&, by and through its BoArd of Public Works ,(hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning.MunicipAl Corporations, " approved March 6,1905, And All amendatory And supplemental acts thereto:- Wihnosseth, that the contractor covenants and agrees to construct Trinidad Natural Lake Asphaltic concrete p.Avoment on Huron Street from McAde Street to alley East of Kosc iuszko Street, in the City of South Bend, Indiana. at and for the following prices:-- 15 lin. feet of curbing per lin ft...................$.40 3336 cu. yds. of araDing per cu. yd....................1.00 74 storm grates, each.................................10.00 cement walk per sq. ft........ .15 2084 lin. feet. of conduit pipe, -er lin ft.,.......... .80 38 inlets reset, each ................................. 2.50 11 marholes -'tops reset, each. 2.50 886 lin. feet of marginal curb p r lin ft............. .20 12310 sq. yds. of Triniddd Lake sphaltic concrete pavement per sq. yd....;..............:...... 2.45 12310 sq. yds. of Standard Mexican Asphaltic concrete per sq yd,..., ... :.,......... 2.32 and to perform all work in the prosecution of said improvement under and according to the terms and con ditions of Improvement ttesolntlon No...figg................ adopted by thO Board.of Public `1�oaj.9 cote 3�d,• ,1919. and the Marrs; -profile a..rd `specifi�a.*ions on file inthe office of the; Depa,. tnient of Puglia .Works which 'said resoluii rr, plans, profile and specifcations are made a part hereof as filly. and ef�ectu0y a i copied and. set out herein at full length. rn' e contractor further expressly covenants and agrees tb:^t in the prosecution of said: work all .prover skill ai,d.care.­"l be exercised; th7.. he o � ' i F -^"` all e,-ccavations, avd dangerous places, Ind "'"��. use c'1 du`e ard.p ,7%'T C' i`301 To or `.rn__ Ins;v -y *0 r* person or 1 r«� t a7 I ? any injury or da=,6� reslditlnng from th,: vr--�_ or re= ,.` m, fr'�m a -v r-,.t`_`- or thin ror.s�: * 1 'tl'er3,yi'1; or arising therefrom, to any perse i or prop�r`y, i^u ?1 rw a- hr ?date the sa r •zt his own. expense„ and as- sitfne the liability therefor; and in the event of any ciaim or claims being made or any ac.�ion (',- actions b2irq -bro_?ght age tist`the city by reason or on account of or growing out of .s--�d vror?- or its con�truction, th—. s,3-4 contractor will at his own expense defend the same, and will pay any judgment recovered therein, and Nvi it in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with -such claim or claims, action or actions. And f within ten days after any such action is begun,, the city shall notify the contractor of the pen lency thereof, th,n, any judgment reordered against the. city shall be conclusive against the contractor and against the surety on hii construction bond, as to 0 ,mount, liability and other matters pertaining thereto. And he c:Coi.,ra ,`Or iakrcas t, as 2 7 'y' , _.• '_..5.;az j the perwi d and in the maancr as fixed by the sr.Pci cations; and to s c,..re «ie ruaintenance and repair wertoo ° to p file with the Board of Public Works d bond,�aith sufficient surety thereon and in an amount as fixed by the ° ipecifieations. And in doing such repair work the contractor and the surety on his guarantee botd shall be otibject to the sar.ie4iabilfty to the city and any other person for any injury or damage to any pers k,n or prop- erty in, the same rnallner 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- ions of this contract, nor shall it re lease said contractor or the sureties on his bond for the faithful performs. aimp 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 contract, whether done or furnished for him, or his agent, astiglnee, successor or subcontractor; and the city may reserve out of any allowance made on any -estimate n favor of the contractor or ' assigns, or out of the a.nmount due 'him or his assigns upon the completion of the vmrk, so much as mr, ,essary to pay all iabore s or material men for amounts due them for wont done or materials used .arnished to be used iq the performance of this contract and the doing of Salo Sdtlk sz, ar:d ta" e . c.oklnty t, : ` ,dart,?', acts'-ig' as city treasurer, may retain money collc's ted . from. property ownersassessed for said imprvvetnent to pay such debts or wi-cil the contractor OnOws that they have been paid or satisf ei# to ,enlif sii; ear0h; and un!lsed material in the stre<:ts or sides thcrc,i man the cornpletion of the imp�o•�em .it or, the repa;ring thereof. g ,.p,... day, o{ wed°aceordIn to th to ors of this contract on or The work of rriakin such for rovement shall be c�ran3 b,-fore the ..................... 2,2u�,.. _._-.�.a.a .. ,.:...1�ULa°.� 10r e2� 9 t....... , ............. , R4 .......� ur'ess the time for the completion of the sar-t shalt bKe extended in w-;ti.-.g by the Board of public,Works. 41° d it •is agreed'that'any such-eYden-ion of'time, `or '-r.y alterr,tioh of this cc-,ntract or of the manner ar',meth'- od of doing such work ghall an no way affect the duties, obligations pr liabilities of the contractor or his sure= ties. It is°agreed-that *the contractor shall not assign this contract. or sub -let the work or any part thereof, to be done hereunder, withort the i"rn,en co__s rt of the Board of Public Works. It is further agreed and' stioul'a-ed, t??at' -' > 'contraciori shall give to residents of said city and county prefererlce.in the employment of,all labor, l:ec�,ssary in theJu 'perforTnance of this contract,,and failing to do so, shall forfeit to the city the sum of ten dollars for each failre to observe this stipulation°. And- upon the performance -of -ail�the terms and 'conditions of this contract, and things- to be donee and pperformed by said contractor the said city agrees to cause !the cost of doing such work .t0 be' assessed` co1- leeted and paid to said contractor in the manner fixed by the'statute'governing the making of sych impiove- menus. ° To each of the conditions and stipulations of this contract, including all and singular the. provisions, and terms of the pea s; profile,°specifications and resolution aforesaid, the --undersigned binds himself or itself, end the respective successor or assigi s cif` sw h -part`; es, tiy'A,,fties$ hareunte ,l �sWh4, act our hands this 2nd: day' of September THE WHIJE CONSTRUCTION COMPANY CITY OF SOUTH BEND, INDTANA. M. E SITE BY G . A. 'LIO TT ° Prsd, & HARVEY.F.- ROSTISER Contractor. JOHN F. DEHAVEId Its $oard of Pub liC':W 'rks.. • ° .. CoNc,SfiRU�fiIt��1B0 _ KNow all men by these presents, nts, That ire, TheWhite Constr pact ion. CompAny of the County of MilwAukee, State of Wi cons i,.11, as Apr ine ipAl and Maryland Casualty Company of Baltimore, lid. as sureties Are held and firmly bound to the City of South Fiend, Indiana, in the such of Seventeen Thousand Nine hundred and forty three . Dollars ($17,943.00) for the payment of vhi:h, well and truly to be mace, we jointly and severally bind, ourselves, our heirs, execu ors,tlmini$trators and assigns, firmly by these presents. Thi conditions of the obligation Are such that if the Above named The White Construction CompaXV sh al faithfully co;xply with the foregoing contract made and entered into the 28th.9 day of August 1919 •with the City of South Bend, Indiana. and ,shall fu-lflll All the c and it ions And st ipul at ions therein contained, according to the true intent And meAning thereof, in all raspecta, then this obligation to be void otherwi .-e to bt And remAin in full force .A-nd virtue in lAw. In the event the s-9 id City shAll extend the time for the completion of said wore, such extension shall bot in Any wAy releAse the sureties on this bond. This shAl l be a construction bond, nd the sureties on the 3Ame shall not bs hpld responsible for the maintenance and repair of the improvement after it has been Accepted by the second pArty, but such sureties shall be held responsible for the faithfull compliAnce with aLl other conditions, stipulations and requirements covered by or set out in the contract. Witness our hAnds And seals this 2nd. day of September 1919. THE WHITE CONSTRUCTION COMPANY M. E. WUTTE Pros. & Treas., E.F. HALKEY T M. MORTTER, MARYLAND CASUALTY COMPANY BY ALFRED A. MILLER Attorney in fAct. The above bond approved this 2nd. dAy of September 1919. G. A. ELLIOTT HARVEY F. ;ISTISER JOHN F • DEHAVEN Board of -Public Works. 3 The following clAims were Approved by •the BAArd. Fred rick J. Anderson..... ..... ..... $1. 00 Engineering Dept•...♦...........:...........0.... 556.75 GAfillOil- Co............•............•.......... 3.38 GAfillOil Co ............ •... ...''................0 1.55 GAfifiiOil Co.......... .......................... 247.80 The Tr ibun t Printing Co ....:.... ................ 72.00 R. W. Gaf ill Bindery ........... i................. 25.75 E. E. MAngold.. .•..............r....... 3.00 South Bend C1eAn Towel Service Co ..............•. 21.00 He°r & Herr Co ...............•.. ......... .... 27.00 The Tribune Prtg. Co............:.......... ..... 320.68 Will Oil Co ........• ._ ....... (................. 1.38 " o cA1 'Arnonnt • A3lo Ed. • ..... • ....: 1, 281 z 9 . _. . a • . . . . . . • . . . . . . . . . . . . . . . . • ._. - ,.... .. .. • • • . • • • . . • . . r • • • • • . • . . . . • . . • . • . - . . . • . . • • . • . . . . . . • • . . r • . w . • o - .. • • • • • • . • . • • . . . . . . . . . . • . . • . • ...♦ . . • r . . . . • . . . • • President.