Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09/23/1919 Board of Public Works Minutes
} Board met in regular session at 9*30 A.M; Mr. John F. De Haven absent. The following res ignat ion was received by the Board • end. accepted. - q September 2391919. To the. Honarab-le Board of Public Works, Gilbert A. Elliott, President. Harvey F. °Rost iser, V6ce President John F. De Haven Gentlemen: I hereby tender my resignation as City Electrician to tkke effect September 25. Thanking the Honorable Mayor and Board of Public Works for my appointment, I remain, Yours very truly,, CHAS. E. STARR ' City ELectr is ian. The Board ordered the 100 C. P. lights on. Roque Grounds changed to 200 Co P. Lights. The Board ordered increase in the inspectors salary in the Eng ins ,-er ing Department of from 03.50 to Four Dollars ($4.00) Dollars from September 15th. 1919. The following letter received by Hardy Josephson Clerk of the Board of Public Safety and referred to this department was read srd placed on file, and the Board granted parmiss.ion to the Fire Chief to make the necessary repairs on fire stations. September 19,1919. Mr. Harry Josephson, ,Clerk of Board of Public Safety. ' South Bend, Indiana Dear Sir : - Replying to your inquiry of the 19t1i, inst. in regard to the question of repairs on fire dtations I beg to state that the law pretides that the Board of Public Works shall have charge of all property real and personal belonging to the City and shall care_ for the same exeelit where the custody of such property is placed under different control. And further Ithat the Board of Public Works shall have the power to design, order, contract for and execute the improvements or repair of any property real and personal belnging to or used by the City and the erection of 411 buildings for public pu iposea including all fire stations pounds and all other structures of any. nature naledad for any public purpose It is my ,opinion that this statute is; broad enough to give to the Board of Public Yorks full power to repair all' fire stations or buildings. The lww further prov id yes that the Board of Public Safety shall have the care, management, supery is ion and excius ive ontrol of all property re 1st ing to_ or connected with the fire and police. forces, ! t o the fire alarm, telegraph fire escapes, Inspection of buildings etc., It is therefore my -opinion that the' building and repair of the fire stations come within the powers of this Board of Public Forks and the management and supervision of these buildings come within the powers .of the Board of Public Safety. - - .TWS-AEH - - - _ _ __ _ _ Yours very truly, • THOS W. SLICK Engineer filed assessment roll and final estimate for -pipe sewer. on Stocker Place, Adams Street and Thompson street'in Marquette Park, under Improvement Resolution No. 679. In the City of South Bend, Indiana. Resolved that as a waiver was signed by H. A. Flood Realty Company as the sole property owners, and that no legal advert is ing be had for the hearing an the assessment roll only by postal card, it was agreed to set said roll for a hearing Wednesday October lst.,1919 at 7:15 P.M. Plat. of Htill' s. Sub -Div is ion of, Block 11, Cottrell' s. First Add it ion to South Bend was approved by the Board. Salary of. Chas. E. Starr ending, September 25th ,1919 rferred to the Board, -for approval and the Board ordered same held up.. Mr. Fred Bucher appeared before the Board and presented a petition for the vacat ion of 2J feet of the west side of alley west of Lafayette Blvd. from Jefferson Street to Wayne Street, The Board advised Mr. Bucher to obtain a waiver and a resolution would be started. .�s The following bond and contract approved. A G R E E M E N T THIS AGREEMENT, Made in the City of South Bend, St. Joseph County, Statwg of Indiana, this .23rd . day of September 1919 by and between the City of South Bend, by and through its Board of Public Works, party of the first part, and H. A. Wood Realty Company (aa corporation;) of the City of South Bend, St. Joseph County State of Indiana, party of the .seoond part, as follows, to -wit: - WHEREAS, the Board of Public Works has agreed to order Nine (9) 100 Watt Lights in.Marquette Park in the City of South Bend, I diana to be placed as follows# to -wit: - Twp-100 Watt lights to be placed at the intersection of Thompson Street and Wilber Street.. One-100.Watt Light in the center of the black on.Wilber Street between Hamilton Avenue and Thompson Street.. One-100 Watt light in the center of block on Wilber Street between Keller Street and Thompson Street. One -100 Watt.Light on Adams Street at the eorner.of.Thompson Street and Adams Street. Two-100 Watt 1 fights at the intersection of Thompson Street and College Street. One-100 Watt light in the center of the block between Thompson Street and Hamilton Avenue and College Street. One-100 Watt light in tho center of Block between Thompson Street _ and Keller Street on College Street. It is understood and agreed that the H. A. Wood Realty Company (a c orporat ion,) its heirs or ass igns - agrees t pay to the City of South Bend, Indian& at the rate of $26.00 per year or two dollars a--nd-eventeen ($2.17) per month for each of the above mentioned lights in twelve equal sang ly LioAAktallnents payable between the lat. and tenth of each month f 9r the lighting durLhg the preceding month at the office of. the Board of Public.Works in the City Hail. This price is subject to change at any- time and aball at all times correspond to the amount paid by the City of South Bend for a; 1 ight ° of similar installation,, The -:money received for the payment of above lights each month is to be reported to the City Controller and to be deposited by him to the credit of the 't,Strietf Lighting Fund from which these lgiths will be paid according to the City contract. The party of the second part hereby agrees to pay for the above mentions lights until such time as the City of South Bend, through 'its Board of Public Works takes over such lights. ° It is further agr t.ed that in the event the H. A. Wood Realty Company (a corporation) its heirs or assigns should at anytime fail to pay said compen- sation at said stated time the City of South Bend through its Board of Public Works shall order these lg iths d iscont inued. ° It is further agreed that in the event the party of the see Md. part request the installation zzd of addt ional lights in: said add it ion , thy. Board of - Public Works shall have the option of installing of said lightsand an additional price shill be paid for each light Installed under the terms of this contract. Said party. of the second part shall furnish a bond in the sum. of Two hundred ($200.00)Dollars payable to said City providing for the faithful performance of said second parties part of this contract. IN WITNE6S 'WHEREOF, the foregoing named parties have hereunto set their hands and seals this 23rd. day of September 1919. H. A. WOOD REALTY CO. BY HARRY A. WOOD PRES. Vim► . J. TREANOR SECY. CITY 0 F SOUTH BI TD, IND?.ANA. G: A. ELL I0TT HARVEY F. ROSTISER Its Board of Public Works. BOND. ° n10W ALL MEN BY THESE PRESENTS, That we H. , A: Wood Realty Co. (* a corporation) of the County of St. Joseph State of Indiana as principal and Chester L. DuConb of the County of St. Joseph and State of Indiana as surety are .held +and firmly bound t,Q the, City of South Bend, Indiana, in the sum of Two Hundred Dollars ($200.00) for the payment, of wh.ieh, yvell and -truly to be made we jointly and severally bind ourselves, our heirs-;. executors, -administrators and assigns, firmly by these presents. ' The conditions of the.. obl igat ion are such, that if the above named H. A. Wood Realty Company shall faithfully comply with the foregoing contract made and entered into tho 23rd. day of Septembeir 1919 with the -City of South Bend, Indiana a copy of which contract is hereto attached and made a part hereof, and shall fulfill ill the conditions and stipulations therein contained according to the true intent and meaning thereof, in all respects then this obligation to be vo14 otherwise to be and remain full force and virt4e in law. The sureties on the same shall to held responsibll for the perform- ance of this contract after it has been accepted by the second party, but such sureties shall be held responsible for the fait�hfull compliance with all other conditions, stipulations and requirements covered by or set out in this contract. Witness our hands and seals thijj 19th. day of September1919. H. A. WOOD REALTY COMPANY -CRESTER.P..DUCOMB BY HARRY A OWOOD Pres. VMs H. TREANOR Secy. The above bond approvedthis23rd. day of September' 1919. G. A. ELLIOTT HARVEY F. RCSTISEB. BOARD OF PUBLIC WORKS. Report received read and referred to the City Attorney from W. D. Teeple Commissioner of Buildings in regard to the smoke nuisance at 824 Harrison. Avenue this City. Petition received for a fight at Thomas Court at the intersection of th alley running north and south. Same referred to Mr., Beaning for report. Representatives of the. Blackstone Theatre Corporation appeared before the Board and took up the matter of placing J well in alley at rear of Theatre Building or lst. alley east of Michigan Street.$& The Board deferred all action on same until Tuesday September 30th. ,1919 at 10: 00 A.M. and advised representatives to present this matter to parties owning prdpetty. con private alley adjoining said building and see if well could be installed there. The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. - THIS AGRED ENT, Made and entered into this 23rd. day of September 1919 by and between Whitcomb & Keller of the County of St. Jflseph, and State of Indiana (Utreinafter referred to as'the " Contractor"), and the City of South Band, , in the County of St. Joseph and State of Indiana, by and through its Board of Public Works (hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporation approved Marc. 6,1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to Construct asphaltic concrete pavement and grade, curb and walk on Diamond Avenue from Portage Avenue to north line of Cushingts Addition, in the City of South Bend, Indiana at and for the following prices:.. 4860 lin. feet of curbing per lin ft.....:...........$.32 3224 cu* yds, of grading per cu. Yd....................625 21.750 sq. ft. of sidewalk per sq. fit ................:.. .145 • 250 line feet of mar inal curbing per lin ft g g P . no. bids 8. 050 ' sq. yds . of Mexican Asphaltic concrete per sq. Yd......:................2.40 and W pe-irform all worts in tjw pr tc"tijon Df said impro-vement under attd aeceatd[irw to t!i! t irla iA M- didons of lltnpro"'M mt P-R&+xtio,n No. _ -705- adopted by the Board of Public Worrkt&>jT.}�,��,,,��.,. � 19i9. and t-he OWN ' the office of the Department of Pubnc Wdrkt, wb�e>1 �a� rofi.e �.std s �eafica.+ions on fife in msolution, ptans, profit-, and specifications are grade a part hereof as fully and effectually as it copied 410 Not Out herein at full length, The contractor further expressly covenants and agrees that in the proseention of said" worn all pj,opo1' 01,1111 and care rill be ex ercj,�1 th * he .. 1 -on � r n �� all e:ave�itrrs attd da�ernts placa� fl•r{ Will hiss all due- and r^her -4 .iu+?O to r ✓ t j'z 7._V r i «sja. i�t p,. jar. p to y per.,ct.1 or i° vy; that i`1 tl?e ev!�t, arr f0try or damage result-ng fronn thA w rt-L or resv.Atin_g front a,-,y rr ;tk�r or thin tottttePtPd the!rewittt or ar its therefrom, to any person or property, b-e ••- 11 ray ar�1 liquidate the same at is owq expense, afld as'. lairs he liability therefor; and in the event of any claim or claims being made or s;tty, action or actions bein broxsiht sgainst the city by reason. or on account" of or growing out of sl'ci worts or sts •tonttructlon, the s't'' contractor will at his own expense defend the same, and will pay.any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives. frotrt all engt1 0 4180) pa�+ went or judgment recovered in connection with such elaim,or claimi, action or actions, And ;f w�i lrih t�tt flays after any such action is begun, the city shall notify the contractor Of thf; pendtncy thprji, th}.n any Judgment rendered against the city shall be conclusive against the contractor and against thq sur@ty on hip cunstructioit bond, as to th ,mount, liability and other matters pertaining thereto, :f wt, .,h repairs as way 1ti rre�essal"� _ the cr od,iud in, the ntauner as fixed by the snot flca'lons, arld totaec,,rc We maintenance pLnd repair thereof to Pie with t!le Board of Public Works a bond z ;th sufficient stire:ty thereon and in an amount as fixed by she spoe-49cations. And in doing such repair wort. the contractor and the surety on his guarantee bond shall be lubject to the save liability to the city and any other person for any injury ar.darrtage to any. pers _%a or prop- erty in the saint manner and to the same extent -as is fixed in the last preceding paragraph covering the cou-, struction work, And it is further agreed by and between said parties that the acceptance of the work provided for in dais contreci, or the paytrtc,tt th.r^of, shall not constitute a waiver on the part of the city of any of the trot ism lone ®f this contract, nor shall it r� lease said contractor or the sureties on his bond for the faithful perforna- once • thereof i 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 suchImprovement and in the performance of, this contract, whether done or furnished for hurl, or his agent, a&silace, 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 nta' cessary to pay all laborers. or material men for amounts due them for work done or materials usea .1�r ;urni$htd. to be used in the performance of this contract and the doing of Mid work, and the Wimty °treasurer, Oting as city treasurer, may,retain money collected from property Owner'& assessed for said Improvement to pity such debts or until the contractor shows that they have b en Paid or satisfied - a -C2S to rel(10- all r1l iJ.-a, ear: lz and un?-.sP.d material in the strcits or s J:: s •,.,,W uponthecompletion of the improvement or the repairing thereof. The work .of making such improvement shall, be completed according to the terms of this contract on or before, the--- ...... -- .............................. ---- . -..---------day of- --- ---------- >--- -. ....--...---- ...., 19--.-....... unless the time for the completion of the sa: e shall be.extended'in w: iti ag- by thP, Board- of Public Works, .rind it is agreed that any such extension of time, or ary altera';on of'this contract or o` the mangier tit meth- od of doing such work shall in no way affect the duties; obligations or lfa:bilifies ogle co;ifractor or his sure- ties. It is agreed that the contractors shall not a.ssin this. contract, or sub -let the, work or any pant thereof to Abe done hereunder, without the , it -en co .e.•nt of the Board d; P."blic Works. It is further agreed and stiputd *'ga t contractor shall.give to residents of said city r- and couzi�y Vreference in.the employm nt 'of pit labor =ieces§dry in`the perform ante of this contract, and failing to do so, shall forfeit to the city the s rn of ten dollars for eachi falhire to observe tfi s, stiptrlalaon. And upon the performance of all the terms and conditions of this contract, aria;,thgs to be done and performed by said contractor the said city agrees to _eau e the cost of doing such w rk to be assessed., ;ol _ lected and -paid to said contractor in the manner fixed -by the statute governing the -ma -ef'sych improve- meats. To each of the conditions and stipulations of t• is contract, include; -all ..aA si gular the provisions and toitns of the plans, profile, specifications and reso utio : aforzsatd, the unilersigne ' binds hithse.lf or i*self, ^nd th respective successor or assie-us of such party ' a _ In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 23rd. deny of September 1919. WHITCOMB & KELLER BY FRED, W, KELLER, Pres. CITY OF SOUTH BEND, INDIANA BY G. A. ELLIOTTF HRRVEY F. ROS'"ISER . Its Board of a'ubl is Works, CONS TRUCTIO.N BOND Know -'al l rnen by these presents: - That e . tlAo:Omb .&....K8.11.' _.� of the County of............:....�.' e:...sT4�:l�pb....::. ,State of Ix 1 ...... ; as pr nci- pal, and ........ &1-is...:O-......0 ~-t olnb.:a* 1W-•--F ed...." ..... e�L� a; of the County of:...:.........:5 -... _.JTQ$.d:ph. .................. .........and State of.: Ind�.ansi.:..:.::.. .............. as sureties, -,are held-and=firmly bound: o, th City of South Bend, Indiana, in the sum of.......... ..................................:. �€ Thirteen Thousand and twenty, tw®. :._ 13.0220 O ,........... ............. .... .......--...... �! ........ .... _.:._.......... .....Dollars ( �, 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 .VDhitG.omb & Ke Iles ,...::. ,.......... ................ .:..... ........................_ .shall faithfully comply with the foregoing contrac ........ made and entered .into the.....:..: 23.,r ......... ......::...... day of ....... . .�, P.t.ezb.-...J-91�.�'..* ..........., 19.c ,..., .. >.: with the City of South Bend, -Indiana, and shall fulfill _:all the conditions -and: stipulations therein,, containedi> according to the true intent and meaning ,thereof, in all respects, then this obligation to be void, of ,%wise j to be and: remairf.iri full force and virtue in law. . In the event the said City shall '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 an'repair`•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- conditions, stipulations and requirements coveredby orset out in the contract. L WITN.. ESS-oura ;hands nd seals this ...... :.,.'-'day o f .:. , . - - . -:..:.: , 19:.:._...-. %. -.............::...Lnum.....G. I'.I'CO)B..::.-----:............(SEAL) ............ .::..--- _..:.:. ..., ................ ::.. ::::.:.....(SEAL) . ►' E�1 IG:... �, ..-- (SEAL) _ - ......-(SEAL) _ Se tember 1 1 Tlie above`liolid-agproved'thls.....:.:.... ..23rd.: .day of........ .......P........ ....:.......9,»1� .........' . .. .. ...._ . -WVEY F. �RSO:TISER ........• -- .... .................................................................... .................................•---•---.....................s .:�.. .,.. :,.- _•:_ fah, "_- r Board' -of Public •Works. 1 t 193 ! J PUBLIC IMPROVEMENT CONTRACT. This Agreement , Made'end entered into this 23rd.-day of September 1919. by and between-H. N. Barnes of the County of ,St. Joseph and State ,of Indiana(herainafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph,, and State of Indiana., ;.:byr and through its Board of Publid 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 ill amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to construct grade, curb and walk on Beale Street from Portage Avenue to Kessler Blvd. in the City of South Bend, Indiana at and for the following prices:- ` 980 lin. ft. of cubing per lin ft..............$.33 1349 cu. yds. of grading per cu. yd................95 5115 sqo ft. of cement walk per sq. ft.............15 uald to perform alf worn in the prosecution of said improvement under and according to the t: n -•is e,on- di"'sons of Improvement Resol+xtion No......_.7a------------ adopted by:the Board of Public W�r1rs...,.SCptembcl^ 3,19?9- and the plans, profile a.rd.spPcifications on file in the office of the 'bepa tzr-ent of'Puhlic W.crks,, wrich said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if dallied ane set out herein at lull length, con tractor further expressly covenants and agrees th�.t in the prosecution of said worlc all proper strill a. d care --. �'l br exercise i; tl the ''1 n-on - i r o` ` all e�:ravations and dangerous places, and'`;'l use c'{ dn- and pl—per Fria `iQn f7 Qr` V t f 11'•1 y ") : y per On or � ! ^ rct� ti,l;t i'1 *t.n EYSYit r j atiy injury or damage rest.':=ing from t'zP v or rc nl`:,g from a-y —pier or tiIlg connn^.--d the.reivi-Ti or arising therefrom, to any persn-i or propi�r`p, he •�11 nay a-,�i lir:iidate the same at his own expense, and a.s- sumt the liability therefor; and in the event of any claim or claims being made or any action or ac6ons b^' brc_lght :against the city by reason or on account of or growing olit of �--mid wor'r. or its constrtiction, ;; s'21 contractor will at his ,own expense defend the same,and will pay any judgment recovered. therein, and vv i i ,,,all respects fully indemnify and save harmless saidl city, its officers; agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims; action or actions. , Aad f within ten days after any such action is begun, the city shall notify the contractor of the pen1.en.cy ther f, th .n any judgment rendered against the city shall be conchisive against the contractor and ,against the surety �'- o.a his;construction bond, as to tl, -,mount, liability and other matters pertaining thereto. fl the contractor ag'reas to maintain said ii ipiorcment ar-ci zaaKe uciz ie�ais's as rnsy :;� i c � a to Affod and in the Manner as fixed by the s?.Pcifications, and to secur€ t'ie maintemaAce and repair there.;, e with the Board of Public Works a bond -with sztflicient surety thea'eon and in art ikmoUht as fixed b. the 1poo c-Atlo a, And in doing such repair work the contractor and the surety en hi, gttattan>te hiofid st+afl be 4ohleet to the same liability to the city and auy other person for any injury or ciattiage to tiny pet r arty In the fli4we tnaulle€r and to the: same extent as is fixed in the last preceding pets 'aplt Cott r; cg till e i•Y el't o€ti€ n work" 33d It :further agreed by and -between said parties that the acceptance of tiro work e d doq Nl' j € 0 Ni €t tl+piste tltc paytttettt th,;roof, , khall not constitute a waiver on the past of the city o rA€iy of the paw ish; i€at €t of 0116 cotttrct, riot shall it rclea:.e said contractor or the sureties on Ilia bold for thij fgititltd AM-0 t1lo e-of 1 not` ahall the acceptance b:e prima facie evidence of the perf€�t'rmilcc of Ray PrOVl€ 0a of 1.4�.4 tttlttcit cycapt to the extent of entitling the contractor to the contractpries therefor, Tht contractor agrees to pay for all labor and materials used or furnished to=ha used In the mA ifiof atich Improvement and in the performance of this contract, whether done or furnished for hit , or hlo a al'i t aaaiUttee, aucceaW, or subcontractor; and the city may reserve out of any allowance dada on auk` @oVywato In far of the contractor or )--- assigns, or out of the an.ount due him or his assigns upon the eo �l-fton of the`work, somuchas'Mal cessary to pay all laborers or material ,then for of ounts dim thew fog WOrk dOA4 Or materials ns;u ,,r furnished to be used in the performance of ties contmet otd it-, del�tg of said cud the ebotta t , trettsaarer, "az tiaig as city treasurer, rnaq retain t?nost 1;>>ted from prsp 'ft � ?i era aaa a ed ft .said 1t2sI3 c�tazent to pay such debts or vutTil-t.3c.efjotractc� s'iow's t1aat #€{: y r.yq t, r•'t It=fief $fit° ��ti��(i�i to rerri<> -,aIt ru> ,1311, earth, and un<:sed- matey sil itl -the Streets oi! .8idi i{. lip-011 th# CON-1plction ,of the iviprowtm�_nt or the repairing thereof. gg �tt Tips work of iraking such Itnprovement shall be completed a17Crd* t rh a bf this couttaott on hf-e ,, ,,,,,,,,,,2ri.-- --day 17 C - of -------......................, ., ttuiil�s .tho turf§ for the coti',p,etion of the sarle shall be e xtended in writi-.g by the Board .of. 00 Wo'rk's And it is sgrepd that any such extension of time, or any alteration of this contract' or of the manner or tuflthn' ad of doing Botch work shall in no way affect the duties, obligations or liabilities of the contractor or his eur®r ties, It is agreed that the contractor shall not ?:ssi. n this co+:tract, or sub -let the work .or any. part thereof to be dune h®rounder, 'utit'thoi+t the v,,rt+ en i,;o„ nr, of the Board of Public Works, It Is further agreed and stipulated that L. contractor shall gi=,e to residents. of said ci slid cotinty Wmferenca in the employment of all labor necessary in the perfort. arce of -this —c ntraA, anti failing to do so, ih ii forfeit to the city the sum of ten dollars for eac1 fail, re to observethis stipulation, And upon the performance of all the terms and- conditions of. -this contract, and things to be done and pplarftrmtd by said contractor the said city agrees to cause the cost of doing such woir� t4.k�e iassepsed, col lletcd and jaid to said.contractor in the.manner fixed by the --statute governing the makfhg of 'Vgh iMproVe* `ice fattat the mditions and stipulations of this contract, including all and singular OW provleions and t fit of thl Anne, profile, specifications and resolution aforesaid, tlhe urfd�rsigtleEi � s Mrawif or itself, d thl teepecti iut`€ Ss®r or as, sf s of� sari .In Testimony Whereof, We, tha, foregoing named parties hereunto set our hands this 23rd. day of 'September 1919. CITY OF SOUTH BEND, INDIANA.., HARRY N. BARNES BY G. A, ELLIOTT Contractor. HARVEY F. RNSTISER Its Beard of Public Works. nom Tuesday September 23rd..1919. Continued. CONSTRUCTION BOND -Know all men by these presents. That we... ..................... H. N. BirIIei S J®ie ........ State of i3la.. of the .County of _:.:........:_. .......-----............. as princi- pal, and P.*d....Pi..._U`. d....r&:.:.G....:.t1:C:Ol3.::.:. -... ........ of the County.of .....::.. St-'-- o34pla:.........................................._:........and State of ......... 4d.46n& ....::.. ............ I as sureties, are- hel& and: firmly bound, to the, City of South Bend, Indiana, in the sum of .............................................._......._ -._.YDRIp.. Thowmad oA.l.'.:...huAdr.0d..... .d..,:.#.l�t�by...,�a7�........................................"" `..Dollars (1! �BtS.OQ) $ , 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.. ....._.. ........ ............... H........Barnes......................................... ....••--•---............---............_...shall``faithfully comply with the foregoing contract, made and entered into the... 2 x d. day of-----.......S.ep kill Jcr..._ .EJ' A...::. ; 19 ......_, with the City of South Bend, Indiana, and shall, fulfill all the conditions.and stipulations therein ;contained, according to the true intent and meaning thereof; in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall 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 and repair of the improvement after it has been accepted by the second party, but such sureties shalt, be held responsible' for the 'faithful compliance with all other conditions; stipulations and requirements covered by or set out in the contract: WITNESS our hands. and. seals this.. .....?3`d...;: :..:, day of SePtembsP--_ 19:..19• ....... ; 19... ........ HARRY N. BARNES .................----------.....------. ...... (SEAL) FM �. KELLER (SEAT;) 1. ......................... ........................................ ----- ..........(SEAL ESLIE- C� ; I CaIIB--- .......(SEAL) The above bond approved this... ......... .:::::...2. Ad.....: ........................ day of ................. S.e.pt.eIDblAI!.::..X.��.1�-�--, 19..:.......... ' ................................. G...... A& -E4iif fit:Fi•N. ............................................................. - -_ HARVEY F. RO ST ISER..............: -................................... .... •..:... ;...-. Board of Public Works. t AFFIDAVITS FOR PERSONAL SURETIES -� STATE OF INDIANA; St. Joseph Countss. y . Fred W. K61.. t I, ------------------ +:� ted ---__........._...................., ATIr that I own real estate in St. Joseph County, State of Indiana, of which' I amsed in fee simple of, the value of ..........._I.1,�.�l..._thousa nd........ Dollars over and above mindess and the exemption allowed me by law, as I believe, so help. me God. -...............................F mi-Yif.....-lKs�.la - Subscribed and sworn to before, me, the undersigned Notary Public this _.._._........ ... .h..................... ...... day of ............SeP.t11!**.....................-•----------..., 19.:_1��. My commission expires:::... ....�- -], 2 +------------......_.......ur.JMlem...�...l..S�8*11! ...:.:.. ... Notary Public. E STATE OF INDIANA, St. Joseph County. ss. I,-h'1�3� - 4--- -.---- 1. t+ fl } ........ swear that L ownreal estate in-St..Joseph County, State of Indiana, of which I am possessed in fee simple of the value of.:..]FiV.e:::.!j'hp:Ugg$d.......... _........................ Dollars over and above my indebtedness and the exemption allowed me by law,-as.I believe, so help me God. ........ V 0A f G .... t'r. •.....:S.W. O.A.07........................................... .._. Subscribed. and sworn to before me, the. undersigned Notary Public this ................ 22•-•,,-rd,*.................................... ..day of-.---- :..........................`S---nt.tab.tr : , 19. � ,�• ,WITNESS my hand and official seal. lYIy commission expires::.,�' . -'--� 2-&X ..: ....:::. _...... � t31 '{3i....c ,.....B-M,044,* 3► r t' -N otar� � ubhc. _,._� U PUBLIC IMPRO E,1ENT CONTRACT. This Agreement made, and entered into this 23rd. day of September 1919 by and between.H. N. Barnes of the County of St. Joseph State of Indiana,(hereinafter referred to as the " Contractor"), and the -City -of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Beard of Public Works (hereinafter reffered to as the " City"),, under and _ by_ v irtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Cnneerning Municipal Corporations," approved March 6,1905, and all amendatory and supplemental acts thereto:-, Witnessetb, that the contractor covenants and agrees to construct grade, curb and walk on Humboldt Street from Diamond Avenue to Portage Avenue, in the City of South Bnd, Indiana at and for the following pr ices: - 1380 list. ft.-of curbing per lin ft................$*32 1181 a u. yds . of grad ink per cu. yd......... . 525 6800 sq. fit. cement sidewalk per sq. ft........... .145 and to perform all work in the prosecution of said improvement tinder and accordinK to the ter is and wn- d1doft§ of Tmprov@trent Solution No...... ............ adopted by the Board of Public `1Vor1k9` -1 -72244919. gfid th@ pl4ng, profile s.nd pecifcations on file in the office of the Department of- Public Works,, wFiirh said esol# tler�i pl rt®,, pprofile ant specifications are made a part hereof as fully and e:`-fectually-as° if. copied an S@t. ®dt h6min at (lull length. T'tie contractor further expressly covenants and agrees that in the prosecution cif. said work all proper @k111 grid care v;i:l tie exercj'ded; th-t he ail- excavations an dangeroiis. end i 111 Use alt-due t,..rd prcper preew+ition `to pr.ve::t ii�,u;-y +) ry person or p-o^ ,rty that f-t `'.:e event ^ imy Injury nr damage resulting from the -wnr': or res;il`t g from a•-y t+er or thing connected there�v tll or ariging therefr©m, to any per§on or property, he -�11 nay and liciriidate the same at his own -expense, and as afire the liability therefor, and in the event of any claim or claims being made or any; action or actions being bm.ight ags.irl8ft'he'city, by` reason or on account of or'growing out of s-..id y,'.ork br its construction, the said contractor will at his own expense defend the same, and -will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city; its officers, agents or representatives from all cost, akpOnse, payment or judgment recovered in connection with such claim or claims, action or actions. And 4within test days after-arity such acdon'is begun, the.eity shall notify the contractor of ti2e pendency thereof, tlikn any Judgment rendered against the city shall be conclusive a.gamst the'contractor and against the surety CIA lets cdlvAtrnction bond, as to t1- amount, liability and other matters.pertaining thereto, r .__:i the c i r .cr a r °es to _ _ t,. _aln the.lic'.1'iod and in the manner as f fed by the sppci`)..a1ions, a d to Sit iC , _,c j ialtl '1L t ;, `.to file with the Board of Public Works a bond with;sufficient surety the_,coi and a} cif .a.tionS. And in doing such relx3ir'work the contractor and, the surety o;'i bi: g)laia;te lhn�d s i:,i ,r bj,°ct to the sa.i ie liability'to th.e c ity and airy other'p rson for ally 1} ry cr, d o ly p ;, rrill the lc. I1;ailller and to the ,.sine e> itcnt _ s is fi Xed ill the last precc:dtnr; 1' _:. 1 t.y e') A�,J it is fitt-tl:er agreed b an 1.�'c� �.z sxi anti that i, a t' y d p es t. t t._e cc l;..ilc�e of n, �,vot-13 „Je � '�:�t i!, i - 1 t li t'ztt;t, OI" 1�he payliieilt t11CrnOf, si-r?il not COnst7ttitc', a waiver on the part Ot }I'- (. �r Ol C� ^�y i 1 �'. �; - 4 ,i!zi of this contract, nor shall it release said con-tra.Ctor or the sureties oil Hs boi'-rl ie)t tlie,;.'f:Of; IiOt' Si13ll the aCCeF)tat1Ce ll.e p;,,,a-fa,cte eY1C1et1Ce Of the 1>ere)r-:is;,,�'.0 OC A,'iy pt'UY7.`;'Ut . r.c ;lf la t, except to the e_ctent of entitling the coiitiactor to the contract price 0, to or: The coel4:ractor agrees to pay for all labor and materials used or furnished to be used in the tnak; :� o such i :ioro-vetnent and in the performance of this coat:a.ct, w'iether done or furnished for hiin, or his g r t as_=igllee, successor or subcontractor; and the city may reserve out of any allowance im de on any estt, - ,1.e in favor of tkle contractor or i assigns, or out of the amount due him or his assigns upon the cotcipiet:ion Of the work, so rt:uch as mal cessary to pay all labcre,s or mat?rial men for z.r, ct.nts clue thin for work done or ,materials useu :itrnished to be used in the perfor.rlance of.this colt act and thl� rioikig o€ said t,-Or, and the county t. :1 'T', uCt .li- as city tr--?.surer, i 1.1J retnln n oacy c—, "ed fmm property Olin", ,,S 2s''SSvd for said ,t` x ..>: ttO _'}' Z �. .'S "'i 1.1 �. ;C' Y'i; at y, ,y l _e co.: a flare s m relno a?l ru itin, ear:.;;, and unined material in the strt<;ts or si.Jr. s ' > l r7$ upon the completion of the improvement ol; the repairing thereof. The work of making such improvement shall.be comaieted according to the terms of this contract on or beforethe ---------------------- --------__dav of----------------- -- --- ---------------------- ................ 19` ....; rtniess the time for the completion of the sar shall be extended in v ;ti _g by the Board of Public Works, And it is agreed that any such extension of tits, or anv alteration of this contract 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 sure- ties. It is agreed that the contractor shall not`a.ssign this contract. or sub -let the work or any part thereof to be done ---hereunder, witho ,t the w it.en co =1t of the Board of Public Works. It is further agreed and stipulated that, t'w, contractor shall_ give to residents of laid city and coltnfy preference in the employmFrit of all labor ecessary in the performance of this contract, and failing to-do so, shall forfeit to the city. the sum of ten dollars &or each failure to observe 'this .stipulation. And upon th>• 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 of doing such work to be assessed, � of lected and paid to said confractor in the manner fixed by the statute governing the making of such improve- :ments. To each of the conditions and stipulations of this contract, including all and singular the provisiorts :, n_d terms of the plans, profile, specifications and resole*ion aforesaid, the undersigned binds_ hil�iseif or h . { and the respective successor or assj:�-,a's of. such r.a-t-es. Ir. Testimony Whereof, We, the foregoing named parties hereunto set our -hands -this l.8th. , day of September 1919. CITY OF S Ott TH -BEND, . INIS IANA.'. - HARRY. N. , BARNES' Eu G. A. ELLIOTT 'Contractors HARVEY F. RJOSTISER Its Board of P>.xbl Ve W€;tir`iCs Iri. � �._5..._.. .r- T; -. }c:. .ems. .,. _. .. .. f___�_ Y•r 'rT".i_ ..�$.`::r Y - - - - - , r CONSTRUCTION BOND Know all men.:bythese.presents ' That we..................... ........ H,..:...Hs......BAM1408 of -;the .County of.............. S.t,:.:.J.08.!}ait ............... ---:._ ....., State of ................... .................................. as princi pal, aiid.Azed :.....:....1.'.:ll!-........t#t.:::r Y#,li}.----..: _ of the County.of :.. .................. Joseph---.... ....::..: ............and State -of ................... Ind Wk . as sureties, are held and -firmly bound to the, City of South Bend, Indiana, in the sum of,... .......:: twentyMd .... ($ 1. 024y oE),{ 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 ................................... ............................................................. H.R.....H........B xrnl ...:. .............:..................:..................._...shall faithfully comply with the foregoing contract, made and entered into the....:.. ...:....:..1$ tih. day of .......... p .l her with the City of South Bend, Indiana, and shall fulfill ,_all ,theconditions and ,stipulations therein contained; .according to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be. and 'remain in full force and virtue in law. In the event the said City shall extend the time for the completion of saidwork, such extension shall not in any way release the sureties on this bond. i This shall be a 'construction bond, and the sureties on the same shall not be held responsible for. -the maintenance and repair 6f 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 conditions, stipulations and requirements j :covered' by or set out in the contract. WITNESS our hands and seals this::::., Sth:�...::.:....: day of ..: S& tembeT_ 19191 ,19 --_........ Hbr..»g...:II* Ba4. zon ...................... ._(SEAL) ...................Fred W. -KeLle ......... _......... (SEAL) ......................................................................._..__(SEAL) Les-110 C........ #-C-Omb ..................(SEAL) The'above bond approved this......._.-......._23rd ' .-__._ SQ tember 1 1 PP .:.:...----',daY of---...'.P... ................� .��...!.'..,_ 19 .....�... _.....................0........A........EMIQTT.....------------.. .................................... HA R � . * . . F....... OSTT-SM............ ............. ..:........ _.........-•....................... ......... :..............--- ",..:..: x Boardof'Publac Vcrks AFFIDAVITSFOR PERSONAL SURETIES r:f STATE OF INDIANA, I - St. Joseph County ss. _ II � � I FredK _—.—... -............ ------- 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-___F YA.... QUBI kAa:....:.......... ....... Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. . t 1J14iW.CI�,�,r. 7ir Subscribed and sworn to before: me, - the undersigned Notary Public this_...............1.81 6 day of ..:: S opleab:.Vr------. 19...��.. 1VIy commission expires .. c7tlly--2(1=192� ....... ...... .......Tale# ..::. . Verfl» 10* C! S Notary, Public. -STATE`OF INDIANA, St. Joseph Count.ss. y , Lee:Lea_._.C_,_..::_�11C.Amb..::.:.:,_.-__ 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....... F ..Y.-....T1iQ1iB�23d..... _... _... _..._--.:Dollars over and above my indebtedness and the exemption allowed 'me by law, as I believe, so help me God. .............................lc:rzalm....a:...:...S.Wafia ...... ............................... -. Subscribed: and .sworn to before we;;the.undersigned :Xotary,Public this ............................ 8t.hs........................... day of 1 WITNESS rn hand and, official seah ; 3'dcomimi 'Sioi) expires .... TV11� f . _ l*.e ` otary Public _.._ -- PUBLIC IMPROVEMENT CONTRACT. This Agreement , Made and ent4red into this 23rd day of September 1919 by and between H. N. Barnes of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and° the City of South Bend, Indiana in the County of St. Joseph, by and through its Board " of Public Works, (hereinafter referred to ors the " City"), under and_ by _v_irtue of an Act of the General Assembly of the State of Indiana", entitled ",An Act Concerning Municipal. Corporations," approved March 6,1905, and all amendatory and supplemental acts"thereto:- Witnesseth, that the contractor covenants and agreesto construct grade, curb and walk on California Avenue from Cleveland Avenue to Lawndale Avenue in the City of South Bend, Indiana at and for the following pr ices: - 1066 lin. feet of curbing per lin ft.... ............$-32 369 cu. yds. of grading per cu. yd........... **....... 525 5830 sq. ft. of cement walk per sq. ft.................145 and t0.peTfgrm all work in the roswr p cation o. said Improvement under and accosdm to the I<llti< dtt4ong. of Improve ent Resolution No. �_ _ s1 thee pl#�nA, profile and: specifications nn ftle� f�,e e eoof byted the p Board of nt QblicWor ., 22� 1919. e resolution, Piano, profis,e_a�,d Nper.,iftrations are made a a,r h Z +set out herein at full length, p' -_ hereof as fully and effectually as if 6eiait>� A#�fll and C011tvactor further a cores t covenants a•,�? o-eeS d care y a tru± in .the prosecution of said work ell prt4pel; "l be �c 08 and 1'##1 Irse III d..ue 9�+'� cur a 'R � hP+ ^7r 1 j.. all excavatiOns and dent t"I' 1 ' r 'Y persol3 rn e_ «e 3 I� .pier #1�` {Iljt+ry or tl�,t er t1#` n f+ t^ `' n fr n a r V that i t h,? evevi. �ls • ats{I78 fhPP(�fffl"fir; 1.o ate Asp^ 1 or ArooPr k 'il ' r :'fir tk#iih °nKirnnk�€l Y P y, v ,;date th s 9n� at fie stun e�o�n�e A�� Asa etst�#e the liability therefor; and in the eve t -;r ny a cr c#arzis b��n r+lcJe c�* ' br0;l1(ht agAirt,At the city by reason or on � a"� sFfilon �r a 3tio�®b �i,� grolving ot,t of w" i t, rr or , e . rl III C®I"itr�Gtor will at his own expense defend the sacra, and .�,iil pay an q j=�ntl'I9t;t all respects fullyindetnn%fy and save harmless said c_cy, Its officersyagents,or repre en `vcAefrpa All ,J Pena®, p!dr.11"81ti. ti�e>,t Or judgment' recovered in conrectiont v7ith such claim or eldiltA, rtttioles' gtl�tAAnd , v�ithitt ten aafteranysuch action: is begun, the city shall notif tkt9 c�antra �4tk ,reyjtrtenErertdered agaittst the city shall be•conclusiveagainstthe colxtrscfi�r arld ga>nst spl fesI his.Ithcon bond, as to th �moun4,.liabiiity and other matt ers pertaininx thyr t� 'rtui:fhe epr}crtr, ipr a. re o rdictY: *aaz said tfnpro ✓cam:eljt a d mak- such r4pairs as may be necessary f to Ehe persod and sn the man:ner as fazed by the sn�cifica*ions,.arld to secure toe maintenance and repair Thereof _ file- with- the Board of public. Works a bond' v,;ith su.ficient surety thereon and in an amount as fixed b t specifications• And in do%ng.such repair work the contractor and the surety on his guarantee bond shall be subject to the same lilebility to the city and any other person for any injury or damage to any pers<n or prop_ arty in the earns rn>tr�ner and to the same extent as is fixed in Ehe last preceding paragraph covering the con- itructiose 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 pest of the city of any of the provis- ion® of this contract, nor shall it rQtleaae said contractor or the sureties on his .bond for the faithful per rime- ante °thereof ; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitlingthe 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 hire, or heir agent, assignee, successor or subcontractor; and the city may reserve out of any alluwauce amount due him or his asgns upon the cort#t In favor of the contractor or ' = assigns, or out of the rngde do any estrm sipletio,e Of the work, so mutt. as ma• cessary to pay all laborers or materiar seen for stmounts due thdtn far work done or materials used e, arnishe'd to ' be used in the performance of this contract and thee' doing of Kid work, oral the county trcwyu;er, a,_ting as city treasurer, mayy retain fnonccollected ®misers assessed for.said smprr�Vernent to pay such debts or until the cK,r�trsct®r g}royr,s Ehat t%ey have had paid or satisfied y that from have a eb :a cc_: ey,• to ret3ac ;. atj ru�'s;oil. earth, -and unused material in .the streets or airtns i.i�lvn the Completion of the improlremcnt or the repairing thereof, The work of making such Improvement shall be c lief r orn!leted according to the terms of Ehis contract ®ti. o C t�tis. ,.,. ... ......... ................................................. ,..day oi......................... of 110111 tke thn for the conKpletion of the same shall be extended in writing �•• .""""y And it is agreed that any such eaten -ion of time g by the Board of��Put Workl► or n. , alteration' of this contract or of the manner or ath. ad of doing such work shall in no way affect the duties, obligations or liabilities of the contraetor or his sure,. tin, It Is agrerid tl;#A.t the contractor shall nit assign tfiis contract, or sub=let the work or any part thereof to . be dace herCunder, without th= -., ,V 4m c o . :pt "of the Board of Pltblic Works, It It further agreed a:^ti 5t4)a1`d +IiTtl contractor shall privet to r£'sidelzts of said city ales C0itd#� lj r"forolace in the entploym•:ni of Il labor ec ssary in the oer`o-nonce of this co„+rant, a i fsiling to dq shall ®i'#sit to the City the sum c= ten dollars for each tall Jr9 to observe this stipuhaei0n, ►tad � tyre perfor#nar±ca of'all the terrgs and cord.:bons of this contract, and things to hs. lr r Cd said to the said city agrees to catice the cost of d-nng s+ h work t o ba A.As@s0ad, 6-0i= 04 eeted'had Wd tO as►id contractor in the manner. fixed by + r vi ta. the sta.u,.e governing the making 0. §Vgh f yr'Oy& To "CA Of the 00ftditi®ns and stspp}at%fis rsits tr2�t, isacl ng all a aget �s t ea . 4htg4 a,profile, epeci�� ti matat<son aforess!id, the an run � ti f 1t 611 all RM Weand res>a g" . , � .:.:.a oaf � . �r r_.:• Wig_ In Testimony .Whereof, We, the foregoing named parties, hereunto set our hands this-23rd. day of Satember 1919. HARRY N. BARNES CITY OF SOUTH, BEND, INDIANA, Contractor* BY G. A. ELLIOTT HARVEY F. R88TISER Lts Board of Public works. n 0 CONSTRUCTION BOND Kngw all men by these, presents. That we......:: ...:.......H $. + of the -County of ........: S.t.........T�.&..*p7t.. --- State o.f . ---.....I li Am-..... ......... .........., as prmci- pal, arid---•--------.....Eked....W.;..:..Ff.1103!" _gib I�t�:I ii:.' G 1i����b' .......................•-.............................. of the County.of ::..:.... St Jasoph - .....: 11l.......... ...........and State of. R [A 4@ ---.:: t .... .......... as sureties, -,are held and firmly bound to the City of South Bend, Indiana, in the sum of. ..: SAX:.hw dr..ed.:..and....17.���'�ry...� .. w _-__�-____- Dollars (�9tJ�QO .... .......................................... 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 ................... ... $. ........... ............ .................._...shall faithfully comply with the foregoing contract, j made and entered into the.......:. ..........232'A .. ............... day of ...................... P ember -1919. 19 ....... , with the City of South Bend, Indiana, and shall fulfill :all_the conditions and stipulations therein contained, according to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise. to be and,'rema'in in full force and virtue in law. In the event the said City shall 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 and- repair of the improvement after it has been accepted by the second party, but such sureties shall be held fespbnsible for the faithful compliance with all other conditions, stipulat'ioris and requirements covered by or set out in the contract. WITNESS our, hands and seals this........: day of ......................September ..:.---- ------------- fiA RY .BAMES (SEAL) .....................----FRET�..W&.....KM (SEAL) ------------- ................................................... ---------------------- _(SEAL)•---...-•.ESLIE....C.......M-l'L'COMB ...................... (SEAL) Tabove bond approved this ........ .........�31'd•.............................day of................SePtembor 1919. ........., 19 he ............. r _ -........... ...........0--,...... A., M. T. T..................................... _................... -....... --.............. HARVEX.....F..,.. R©STISE............... ................ ........ t Board of Public Works. i AFFIDAVITS FOR PERSONAL SURETIES STATE OF INDIANA, St. Joseph County ss. I, .............. Yr.e&.?,-:.Killer...............:................., swear that I own real estate in St. Joseph County, State of Indiana, of whtich I am possessed in fee simple of the value of .-....:FIX ::..Th©tl. -AW. ..................... .... ..........:... Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. F.. _Fred:._W.... Kellar:... .:..:.... ,Subscribed and sworn to before me, the undersigned Notary Public this .....:....... day of :: SE tE!ffibeP p NIy cam r ission expires.:-iu,17V �'071ic& C. ^Sxeeno Notary, Public. STATE=OF INDIANA, �.._ St. Joseph County ss. . "h �- • - - -4mb-..--:- ...... _swear that I own real estate in ^%St., Joseph County;: State of.I'ndiana;,of which I am Fly possessed m fee simple of the value of ....._.. w ..X±"..---`'hou ___••Dollars over and above my indebtedness and the exemption allowed me bylaw, as L beIieve, so help me God. ............................................ ....... Wh it c_amb.:.. Subscribed and sworn to., before- me, the undersigned .,Notary Public this _day of.-.:.... 19 WITNESS my hand and :official: seal.. -.. �1 Iy commission expires.......zTU1yC..21 ......... Veronica...:C• - vrieney . vl`Tot Public. �, '" 4 PUBLIC IifiPROVEYZNT CONTRACT. Thla Agreement, Made and entered Into this 22nd. day iff SepterAber. 1919 by and between Williston Construction Company of the County of St Joseph and State, o,f. Indiana (hereinafter referred to as the " Contractor"), and the City of South Ben , in the County of St. Joseph, and State of Indiana, by and through its ' Board of Public' Works, (hereinafter referred to as the " City"), under and by,virtue of an Act of the -General Assembly of the State of Indiana, ent itlid " An ActConcerning `Munic ipal Corloarations, " approved March 6i,1905, and all amendatory and supplemental acts thereto: Nirnesseth, that the contractor covenants and agrees to construct asphaltic concrete pavement on Navarre Street from Portage Avenue to Leland Avenue, in the' City of South Bend, Ind iana at -and f or the following pr ices: 54 .l in. ft . of icurb ing per 1 in ft.....:.... ....0. 40 754 cu. yds. of ' rad ing per cu. gd.:................. .1 05 5 inlets reset, each..:..... .... ..:.. ...:...,.. •3 OO 2 manholes resat, each........::........... 0....... ..3.00 2361 sq. yds. =of Trinidad Natural Lake Asphalt per sq. yd......... ....2.53 2361 sq. yds. of Mexican Asphaltic concrete per sq. yd........... .. ...................... ..2ii O (contract awarded on 'Tr inidad Natural Lake Asphalt) and ,to perform all work in the prosecution of said improvement under and aecovd; w'to t,ze- get. ,.s a�icl c�ari� di.tions of Improvement Resolution No.I ---------------- adopted by the Board of -Public VVorl,a-June0B 1�,1919. and the plans, profile and specifications on file in.the office. of the Department of public Works, which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and seteout herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper shill and care 1 be exercised; th-he - -onA �_+ all excavations and dangerous places, and �r?l use all due and o ,� P_ g d p_ per piece_ o.i to Disc in r y +, „y person or p.-„- ,,, tt at i 1 *"� av ,t.t ark injury or damage resulting fro-2 the �. or reG z.*: from y t_ter or th;n ��nn�r+mod tlz�re}rtf; or arising therefrom, to any person or property, he r 1ll nay are aic; 1idate the s-- r_e at his o,.vn expense, and as- sume the liability therefor; and in the event of any claim or cla-ir s being male.or any action or actions b-�ing brought against the city by reason -or on account of or grooving out of sa.'.d Ivor or its constrtrcti.rl, tie said contractor will at his own expense defend the same, and i ill pay any judgment recovered therein, -'and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives frarn all coat, expense, payment or judgment recovered in connection with such claim or claims, action or actions, And J within ten days after any such action -is begun, the city shall notify the contractor of the pendyncy thereof, tlt :n any judgment rendered against the city shall be conclusive against the contractor and against the surety t•ti liii construction bond, as to tb amount, liability and other mAtters pertaining thereto. And th -s e contrac,or agrees to n.:n*ain sea the period and in the manner as ;codons, , e surd repairs as may ce necessary to file with the Board of Public Works a bond with sufficient s surety thereon and in anto' secure !-ae nce amountas repair xed li the specifications. And in doing such repair work the contractor and the suretyon his y subject to the same liability to the city and any other person for any injury odan,a eto antee bond shall be erty in the same manner and to the same extent as is fixed in the last preceding paragraph overing thePcon- structiQn work. And it is further agreed by and between said parties that the acceptance of the work provided for ik this Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the pt'ovis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful per�orm- ` azce 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 c ntract price therefor. The contractor agrees to pay for all labor and materials used�or furnished to be used in the ma,kitig of sueh improvement and in the performance of this contract, whether done .or furnished for him, or his a� ent assignee, successor or subcontractor; and the city may reserve o�it of any allowance made on any esti�iate in favor of the contractor or ' assigns, or out of the amount d e him or his assigns upon the complittion Of the worh,.so mutt, as ma, cessary to pay all laborers or �materia� men for amounts due them for work done or materials usea ;; .urnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, m hy retain money Collected f;om property owners assessed for said improvement to pay such debts or until Ithe contractor shows that they have been paid or satisfied to rtmu aq material in Elie slit is c t the completion of the impro•�cm: ,-it or the repairing thereof The work of malxin srich improvement. shall be come_ feted according to the ter s o this co'?*f-a bP fore the.............---22nC�x-------------- - ---------- _ x ct e i cr, unless the time for the com;�le*ion of the sane sh l'dav of-------------- -SL �GpbeI`__1 1 I9 And it is agreed that any such eaten=ion of t:mA be ex`e^ded �n writ -,—,by the Board of Public �Jorlcs ad of doing such work shall in no tiva affect the dufie' . altle -� f this r on s c Tract or of the manner or 3' s ob tio:l or liabilities of the contractor or hisisurle- ties. ga It is agreed that the coil, -actor s:ha11 nit _ss;_ be done hereunder, witho!-t theSS' { ?s co: r�.� r suh-let the work or any part thereof to It is further agreed ai,d Beard t,T;c t�Irr�,S. preference in the em. 1 contractor shall > -e to ree;der_ts of said city and couio v P aye Mt of all labor ?1'Cessary in the perfo nna.,,ce of this contract, at d failing to d:, shall forfeit to the city the sam of ten dollars for each ca i>>rt to observe this stipulation. And upon the performance of all t►�e erms and coalitions of this contract, ar performed by said contractor the said city -agrees costd things to be d.n� a:= lected end paid to said contractor in the. man r :fixed by theist lute go a rniggsuch the mark to Le asses d, ,a ments. g u p o . To each of the conditions and stipulations of this contract, including all and singular the provisior:s a.Y!d terms of the plans, profile, spectS�--txpus and resolution aforesaid, ;the undersigned binds himself or and the respective successor ar a : �: slrclt na-ties• -- - i In Testimony Whereof, We, the foregoing named pahties, hereunto set our hands this 22nd: day of September_ 19L9. CITY OF SOUTH B STD, INDIANA. BY G. A. ELL IO TT HARVEY F': ROSTI�SER . I is Bpatd of Public Works. �VILLISTON CONSTRICTION COMPANY BY E. A. COATES, Contractor Vice President. J. .0 CONSTRUCTION BOND. Know all men by these presents, That we Williston Constructi+�n Co. of the CauntY o St- Joseph, State of Indiana, as principal and London and Lancashire indemnity ,Com$l�n r .1r ,America of theI'll County. of .8t. Joseph and Mate of Indiana assuraties, are held . ?d #'irmiy kau � .t4.the City of South Bend, Indiana, in the sum of ?three Thousand Four hundred and four Dollars ($3.404.,00) fir the payment of whichwell and truly .to ,be .mede, eve . jointly and severally bind ourselves, our hieirs, executers,administrators and assigns , firmly by these presents. The c and it ions 'of �- the obl igat ion are such that if the above named. Williston Construction°Company.shall•faithfully•comply with the foregoing named contract fade and entered into the 22nd. day of September 1919 with the City of South Bend, Indiana., and Lshall fulfill all the c and it ions and st ipul at ions therein contained, according to the true intentand meaning thereof, in all.resPdcts, then this .obligat ion to be void, otherwise to be and remain in full force and virtue --in law. In the event the said City shall extend the t iar►a f oz the completion of said cork, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the some shall not be peaoonsible for the 'maintenence and repair 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 ether cond it ions, st ipulat ions and requirements covered by or set out in the contract WITNESS our hands and seals this i f2nd- day of September 1919. WILLISTON CONSTRUCTION COMPANY LON N & LANCASHIRE INDEMNITY COMYANY R.A. COATES, Vice President. OF AMERICA. • W. Rini, 'ttorney in fact. The above bond approved this G. A. ELLIOTT HARVEY F. ROSTISER Board of Public Works. 1. day of September 1919. The f-ol.low ingc la ims were . allowed by the Board Studebaker Uorporat ion of America.............. 025.00 Foxsboro Company 20.98 _ Stree,t and Alley Dept• , 6 i58.93 5893 Harvey P., Korn . C . Shirk 104.30 Standard Oil Company 2.47 Sibley Machine Tool Company 3.00 Builders Supply Company. 16.30 Garbage Dept. 458040: Hinkle Motor Car Company 6.10 Tuttle Corporation , �10 Ebert E. Klysz, Northern Indiana Gas & Electric Company. 1.35 -Wm. Burke 547. 00 Cemetery Dept, 188.63 Geo. J. Huffman . . 3.30 Street Repair 335.26 Good ?loads Machinery Co. 3.6o .Ed. F. Keller 7,196. 08 Tuttle Corporation 9.10 City Water Worms7•�#. Total *.moun't allowed. $10;74o.�25 President...