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HomeMy WebLinkAbout09/24/1919 Board of Public Works Minutes20:2 Board met in regular session at 7:15. P.M. Mr. John F. De Haven i Hearing had on resolution for the grade curb and walk on Elmer Street from Liricoln..ay West to Frederickson Street, under Improvement Resell u- t ion No. 727. . IN the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises,- decides that the benefits to property liable to ' be assessed for said improvements are equal to the estimated cost of the same, as reported by the City Civil Engineer, and_ there upon takes final action on said resolution as originally adopted, and the same is' hereby in all things, ratified,, confirmed and approved. Resolved further. -that notices be published on the 26th, day of September 1919-and on the 4th. day of October 1919-in the South Bend Daily Tribune, in said City, stating thatthis Board will receive bids for the construction of said improvements up to 10:00 A.M. on the 14th. day of October`1919. The Board res rves the right to reject ahl and any bids. < 9 Hearing had on resolution for the grade, curb and walk on Main Street from Ewing Avenue to south line of Woodside .Drive, under Improvement R esolut ion- No-j -`726: - - In the City of South Bead, Indiana. Upon said hearing no remonstratord appeared and no written remonstrance was filed. And the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvements are equal' to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally .adopted, and the same is hereby in all things, ratified, confirmed and 'approved. Resolved further, that notices be published on the 26th. day of September 1919 and on the 4th., day of October 1919 in the South Bend Daily Tribune in said City, stating that this Board will receive bids for the construction' of said improvements up to 14:00 A.M. on the 14tY.9 day of October 1919. The Board reserves the right to reject any and all bids* Hesriing had on resolution for the Opening of Edgewater Drive from Arch Avenue to Harper Court, under Condemnation Resolution No. 55. In the City of South Bend, Indiana. In the above matter remonstrators appeared but no written remonstrance was filed. The Board after due consideration decided to defer all action on said resolution until Wednesda;r October let. ,1919 at 7:15 P.M. Hearing had on Vacation Resolution No. 51 for the ,Vacation of River Avenue from Arch Avenue to Harper Court, un er Vacation kesolution No. 51. In the City of South Bend, Indiana. In the above matter nemonst ators appeared but no written remonstrance was filed. The Board after due consideration decided to deferr all action on ,said resolution until Wednesday October 1st. ,1919 at 7: 15 P.M. Hearing had On Vacation Resolution No. 50 for the vacation of Robin Hood Court as shown on the recorded second Plat of Chippewa Heights and 14 ft. .alley lying on the east side of said Plat, in the City of South Bend, Indiana. In the above matter there being no written remonstrance filed or presented to the Board against said proposed v cation, thereupon being fully advised in the matter the Board takes final action on said resolution, conf irm4ng without modification, all farmer act ion on said resolution., And the Board now orders that ab list or roll be prepared of all owners or holders of property, and of valuable interests _therein, sought to be taken or to be injuriously affected , which Board met in regular session at 7:15. P.M. Mr. John F. De Haven i Hearing had on resolution for the grade curb and walk on Elmer Street from Liricoln..ay West to Frederickson Street, under Improvement Resell u- t ion No. 727. . IN the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises,- decides that the benefits to property liable to ' be assessed for said improvements are equal to the estimated cost of the same, as reported by the City Civil Engineer, and_ there upon takes final action on said resolution as originally adopted, and the same is' hereby in all things, ratified,, confirmed and approved. Resolved further. -that notices be published on the 26th, day of September 1919-and on the 4th. day of October 1919-in the South Bend Daily Tribune, in said City, stating thatthis Board will receive bids for the construction of said improvements up to 10:00 A.M. on the 14th. day of October`1919. The Board res rves the right to reject ahl and any bids. < 9 Hearing had on resolution for the grade, curb and walk on Main Street from Ewing Avenue to south line of Woodside .Drive, under Improvement R esolut ion- No-j -`726: - - In the City of South Bead, Indiana. Upon said hearing no remonstratord appeared and no written remonstrance was filed. And the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvements are equal' to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally .adopted, and the same is hereby in all things, ratified, confirmed and 'approved. Resolved further, that notices be published on the 26th. day of September 1919 and on the 4th., day of October 1919 in the South Bend Daily Tribune in said City, stating that this Board will receive bids for the construction' of said improvements up to 14:00 A.M. on the 14tY.9 day of October 1919. The Board reserves the right to reject any and all bids* Hesriing had on resolution for the Opening of Edgewater Drive from Arch Avenue to Harper Court, under Condemnation Resolution No. 55. In the City of South Bend, Indiana. In the above matter remonstrators appeared but no written remonstrance was filed. The Board after due consideration decided to defer all action on said resolution until Wednesda;r October let. ,1919 at 7:15 P.M. Hearing had on Vacation Resolution No. 51 for the ,Vacation of River Avenue from Arch Avenue to Harper Court, un er Vacation kesolution No. 51. In the City of South Bend, Indiana. In the above matter nemonst ators appeared but no written remonstrance was filed. The Board after due consideration decided to deferr all action on ,said resolution until Wednesday October 1st. ,1919 at 7: 15 P.M. Hearing had On Vacation Resolution No. 50 for the vacation of Robin Hood Court as shown on the recorded second Plat of Chippewa Heights and 14 ft. .alley lying on the east side of said Plat, in the City of South Bend, Indiana. In the above matter there being no written remonstrance filed or presented to the Board against said proposed v cation, thereupon being fully advised in the matter the Board takes final action on said resolution, conf irm4ng without modification, all farmer act ion on said resolution., And the Board now orders that ab list or roll be prepared of all owners or holders of property, and of valuable interests _therein, sought to be taken or to be injuriously affected , which 203 c. i -La6 ' . which list or roll shall also describe the `property beneficially affectedi k' s Hear ing had on res olut ion for the pavement of North Lahore Dr ive from 'Michigan Street to Leeper Avenue, under Improvement Resolution No. 722. In the City of South Bend, Indiana. Up€tn said hearing no remonstrators appeared add no written remon- strance, was ;filed. And the Board be ing fully adv ised in the premises, dee ides that the benefits .to property liable to be assessed for said improvements are equal to 0 the estimated cost of the same , as re Morted by the City Civil. < Engineer , and thereupon takes final action on said res.olut ioii az original y adopted, and the same is hereby in all things, ratified, confirmed and approved. <Resolved further, that notices be published on the 26th. day of September 1919 and oft the 3rd. day of October 1919 in the South Bend Daily Tribune In said City, st at this Board will receive bids for the construction of said improvement ug to 10: 00 A.M. Octoher firth., 1919. The Board reserves the right to reject any and all bids. Deferred hearing had on assessment roll and final estimate for grade, curb and walk on= St., Vinent Street, the Board deferred all action on same until Wednesday October lst.,1919 at 7:15 P.M.V Deferred hearing had on assess ment roll and final estimate for grade, curb and walk on Stanfield Street .same referred by the Board to the City Engineer to proportion assessment for grading against all of lot 12 in name of E ma S. Neddo. ` Haar ing had on assessment roll and final estimate for Pavement on Lindsey Street from Portage Avenue to Blaine Avenue, under Improvement Resolution No . 660. In the City of South Bend,: Ind iana. In the above matter-remonstrat atrance was filed. The Board therefore find that filed September loth. ,1919 is benef itted in the roll, and the Board further find that the assessn and the final estimate alLowed September 10th.,15 In all things, ratified, confirmed and approved.( price of assessment and on complaint about defect 814 Lindsay Street.) The Board Instructed the C1 to hold up the sum of* $200.00 from money due the' such time. as the street is repaired. ors appeared but no written remon- the property asssassed in said roll amount of assessments as shown on said ent roll f iLed September 10°th. , l,9L9 19 should be and the same is hereby Remonstrators appeared against ive piece of pavement laid in front of erk to notify the City Controller contractor on this contract until The Board ordered that the following persons. be= notified to construct sidewalks or repair sane according to Various Street Resolution within 30 days or the Board would have the City Contractor on Various Street construct some. Chicago, Lake Shore &. South Bend Railway , sidewalk on Lot known as 55 Cobb's Sub. of Bank Out Lot No. 30 located at Cor. LaPorte Avenue and La Salle Avenue. C. H. De Frees. sidewalk on lot 55 Cobb's Sub -.,of Bank Out .Lot No. 30 on La Porte Avenue Corner of La Salle Ave ue. A. Becakiewicz, cement sidewalk anddriveway kn Lot 19 Dunham's Sub -Division located at souhhwest corner of Dunham Street -and Chapin Street. Claude W. Jackson, Administrator for Matilda B. Harr Estate sidewalk on Lot 48 Oak Park lat. Add it ion locateq an High Street. Appl.icatifln received from J. E. :Havens for position as City Electrica.n, same approved by W. D. Teeple, Commissioner of Buildings, Sarre read and placed on file. The following report filed with the Board. APPRATSEMENT. We, the undersigned, appraisers appointed by the' City of South Bend to appraise the following described real estate in the City of South Bend# St. Joseph County s Indiana, appraise said -real estate as followss 1p toot: South 30 feet Of lot Yo. Two (2) in Stovers & Witwers-Addition to South Bends Indiana. Land $1800.00 Improvements 1500.00 $3300.00 North 30 feet of Lot No. three (3) in Stovers Witwerts Addition to South Bend, Indiana. Land Improvemqnts," 800.00 $260D.-00' Bot No.. Twelve (12) and 13 feet off of the north side of Lot Eleven (11) in Stovers & Witwer's Addit.ion. to South Bends, Indiana, Land —11350.00 'Total $7.250.00 ED-EEDDO Dated DANfM t. SCHURTZ Sept. 5th*o 1919. 1 Appraisers. The .bard -une�nimously -appointed..S illiam A Henry as City 0 Electrican term beginning Saturday September 27th. 1919 at a- salary of 01900. 00' par- y- 4'Lr or $150.00 per- -month.' z 0 5 Nadnesda.y Sa ptember 24th. ,1919. Continued, The f of lowing bonds and contract approved ° PUBLIC IMIROVEIAENT C 014TRACT. This Agre7ement, Made and ,entered into this 24th., day of September 1919 by and between. Joseph A.' Luther of the County of St. Joseph, and State of Ind iana (hereinafter referred to as the'" Contractor"), a,nd the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (herein -after referred to as they "• City'), under and by virtue of ran Act of the General Assembly of the State of Indiana,entitled "'An Act Co corning Municipal Corporations, N approved March ;6,2905, -and all amendatory and supplemental acts therete - Witriesseth, that the cortra,ctor covenants and agrees to construct pipe sewer in and along St. Peter Street from Corby Street to Howard Street, in the City of South Bend, Indiana .a,t ..and for -the following prices: 402 lin feet of 12 inch pipe surer, per lin "-t........ A2.50 2SO l in. feet of 6 inch -pipe sewer, per l in ft., ......no bid. 11.5 -feet f manholes, per 1 iii ft..; .........`........ 5.00 `' 1 manhole, curb and covers, each......:... ...; 18.00 4P,4 � � t"f9zltrE All w9rk iA Ole- prosecution of said improvement under and accorditig- to the terllas alyd 4itl000 of l!Mpt`QVe qnt molifflon 1,40, .---- ----------- adopted by the Board. of Public �1�,�orks.,... �,.,...o............ � af4 th$lat" p, profile "rillIpHcif caf+ons on file ;-, +he office of the Department of Public Works, which ss.i -FA.4011160n, Pla0s, pfoat apl specifications -are made a part hereof as fully and effectually as if copied and l �l *4 herein at full length eovtraetor furtherexpressly covenants and agrees th^.t in the prosecution of said work _all proper PUM 41- f ease 1 ,'Il be exercip-,d ; tp _t he ---:,1 1-70n • � 1 ; _ = all excavations and dan erotts places, V-d proper pr"ca-ll"0:1 t0 or- t 1r;11-v r _ry person or }},, 1t�' F F` -'y; at 1 event n ai`,Y initiry or tlgf amp resulting from t!le cr fr v tt�E- or thing con...r. d th... 'r*� 'rnlvt� or AfNI tharelr�? 1, ja any erQAr1 or property, he 11 v a. ,ida e the s -_1e at his own expense, and as- stwjtt he liability therefor; and in the ez.,ent of any clam or claims b_.ng m?de or an act; a,. y on or actions b.,;,1ql brWight Walrust the city by reason or on ».ccount of or gro-ving out of s id v.rork or its construction, th:! skid WlAf.mr3or will at hie own expense defend the same, and gill Fay any judgment recovered therein, and will in 01 r01400 fully ittderrfnify and save harmless said c;ty, its officers, agents or representatives from all cost, eel t:r,N1+, p�t),wo_nt or indgntent recovered in connection with such claim or claims, action or actions. And 'f .,1tmil tttt 4tgs Mter ttt,y sltch action is begun,.the city shall notify the °contractor of the tli11 $tt4] 11,0 •wi 0 rt ilt od agiJ,ist,the city sell be conclttsi-v t y e ag �,7rs �t the contractor and age.;nc>t the ;;,,r,ri;,y :ow to tl" t1lFreto. d the cor.rractor. agreas to maintain said inip ro-,crri c it a .d 1:e such repairs as ma, the period and in the manner as fixed by the specifications, a. d to secure t:1e maintenance and repair` tner.: ,. to file with the Board of Public Works a bond with sufficieni surety thereon and in an amount as `fixed by the specifications. And in doing such repair work the contractoi and the surety on his guarantee bond shall. be subject to the saute liability to. the tify and any other person or any injury or damage to any pers� n or pro p- erl-y in the same manner and to- the same extent as is fixed in the lag preceding ara raph covering the con- struction work, j P g P g 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. Waver ' the part of the city of any of the provis- ions of this contract, nor shall .it release said contractor or tie sureties on his bond for the faithful perforn;l.-. ance-thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to he 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 he sit im favor of the contractor or assigns, or out of t11e amount due him ve out of r his assigns upon theallowance made on any ompl estimate of the work, so much as <ma cessary to pay sll iab.orer or material men for amounts due them for Work done or materials uses, .urnished to be. used in 'th . performance of this contract and the doing of said work, and the county treasurer, acting as city: treasur r, may retain money collc.--ted from property ° owners -assessed for -'said improvement to pay -such debts or n-cil the contractor shows that they have been psid or sati4_fieci rL za, -ear.-h. and �u1:�:sed material in the strt,;ts or Lie? ern, :sl .: z : > the 1m;1- O11cm._at or the re The thereof. The work of mal ing such improvement shall be comiAeted according to the terms of this co.:`: _ct cr,1 oz. V,Ffore the ................... ---------....................... ...dav of_....�......._............... - 19......-..,, unless the time for the com�oletion of the sae P shall be extel ded in wr;t;-:g by the Board of Public Worits, Ard it is agreed .that any such exten-ion of ti*-1e, or anv alter Lion of this centract or of the manner or 1,ietl-v ad of doing such work shall in no way affect the,dutio �, o ties. bli tions or liabilities of the contractor or his sure It is agreed that the contractor shall not assign this contract, or sub -let the work or, any part thereof to be done- hereunder, withot,t the vritter, cony :nt of the Board of Public Works. It is further agreed arid stipulated that contractors all give to residents of said city and county preference in the employn-,=nt of all labor necessary in the p rforrmnce of this contract, and failing to do so, shall forfeit to the city the sum.of ten dollars for each failure to observe this stipulation. And upon the performance of all Mi. terms and conditions of this contract, and things to be done and performed by said contractor the said city- agrees to cause tb , gopt of doing such work to be assessed, col.- lected and paid to said contractor in the manner fixed by the s Latute governing the making of such improve- merds. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications and resolution a€ordsaid, the unde6igned binds biwse.lf or itsr:lr,. and the respective successor or assigns of such parties. In Testimon# Wheraof ` We, the foregoing named partiesiA hereunto set our hands this 24th-.1, day of September 1919. JOE A. LUTHER CITY OF SOUTH BEND, INDIANA G. A. ELLIOTT contractor. 200" Harvey F. Rost iser. JOHN F. DEHAVETi Its Board of Public'Works. CONSTRUCTION- BOND. Know all men by these, presents, That Joseph A. , Luther of the County of St. Joseph,State of : Indians as pr Inc. ii0r1, and the AETNA -CASUALTY & %SURETY C O&WANY OF R&rtford,, ;Conne&t icut of I t Cbunty of _State of as sureties, are held and Firmly b.oundu tro the" City of South Bend, Indiana, in the ,sum of Five Hundred and torty.Dollarsc (� 40400) for the payment of .Whig,: well and truly ,to be made" we T jo int.iy and' severally bind ourselves, ,your' be ire, executor, administrators; and ass igns, f irmly by these presents. The c and it ions of the obligation are such that iftha.. above n$med Joseph A. Luther, shall "faithfully comply. with the foregoing con -tract, made and entered into the 24th. , day of September :1919 with the City of South ;Bend, f Indiana,, and shall fulfill all the c and it ions and' st ipulat ions therein. contained ace girding, to the true- .intent And. meaning thereof., in all, respects,, then. this obligation t be void,,otherwise to be and: remain in full #'©rce.: and virtue in larw. in the event the said City- tshall extend tha t inn forthe : eomplet ion, of-,saeid work, such extension sh al$ iiot ,in"`any- 'W%y release,."thc sureties n :this bend: T} is 'shal'1 be a construct ion bend; .and the -sureties,_ or.- the same shal not be held respons lbbh f or 'than . ma ix. tenence .and repair of the_ im"orovdment "after it has been accepted by the s �e and party, but such sureties shall be held respons ibi for the faithful compliance with all other condit ons, stipulations, and require- ments covered by or set out in the.contriet. Witness our hands and seals this 4th. , day of E iptenber 1919. THE AETNA CASUALTY & SURETY CO. JOE A. LUTHER BY WILL194 E. GELTZ Attorney 'in fact. ` ATTEST. FRANK H. DLRMAHOO Attorney- in fact. The above bond approved this 24t . , day of September--1919 G. A. ELLIOTT _ HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works. PUBLIC IMPROV.gIWT CONTRACT. This Agreement, Made and 'entered Into this 24th. , " day of Sept., 1919 bjt and between Joe. A. Luther of the County of St. Jose h and State of _. Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Ind isna, by and through its Board of Public Works, (hereinafter referred to as the " C y"), under and by virtue of an Act of the General Assembly of. the State of Indiaria, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts therato:.- Witness, that the contractor covenants and agrees to construct sewer taps on Navarre Street from Laland Avenue to Portage Avenue, in the City of South Bend, Indian at and for the following prices:- 1- 6" sewer tap ..-.$40.00 i 207 :uld to perform all wort; in the prosecution of said improvement under and according to the terins and canny- dltions of Improvement Resolution No... 8 .............. adopted by the Board of Public Works-•. ,�z _?fly„1919 . and the plans, profile and specifications on file in the office'of the Depa-tment of Public Works, which said resolution,; plans, profile and specifications are made a part hereof as fully and effectually as if copied. and set out herein at full lencth. Tile contractor further expressly covenants and agrees that in .the prosecution of said work a.11 proper skill a• 'd care 1 be e�.eresel; tr : he 11 n-on ; ' ' r �`^c` all excavations and dangerous places; sand � '?1 use all dtie 2^d pr'?n'r prec� 1`'On to.or: _` �?. y * � � y perSOn nr p Y ` ; th.a i't , � event Mf any injury or dame.ge resulting .fr^-f t? : or resat nrg fr�n a y---.t+r.r or thing �onnA­*cd therewi`i or arising therefrom, to any perF^ ,i or proper y,.l:e -111 my a- 1;6 �iidate the ;sa-ne at his own expense, and as- suir_e the liability therefor; and in the event of any clasp or clairis being made 'or any action cr actions b^ir, brG;:;ght aga+nst the city -by` reason or on. account of or growing out of s—,=d Worl: or its construction, .1 s 'd contractor will at his own expense defend the same, and wi-.1'1 pay any judgment recovered therein, and �v' I ir1 all respects -fully indemnify an` i save harmless said city, its officers, agents or representatives from all. cost, expense, payment or judgment;recovere.d in connection with such claim or claims, action or actions. And f within ten drys after any such action is .begun, thg city shall notify the contractor of tnf per4e:�cy then - `, tb=n any judgment renc?ered against the city shalt tie conclusive against the contractor and against the surd hits construction bong, as;to tb 'amount, liability and other matters pertaining` thereto. And the contractor agrees to mown*ain saicc ,e 5u fi repairs'as navy c necessary - the period and'in the inanner as fixed by the specifications, and to secare nae maintenance_ and repair thereof to file with ;the Board of Public Works a bond Nvith stiff cient surety thereon and in an amount as firmed by she specifications. And in doing' `suh, crepair work the contractor and the surety on his guarantee band shall be subject to the same liability to -the city and any other person for any injury or damage to any : pars,n or, prop- erty in the same manner and to the same extent- as is fixed in the last preceding paragraph covering th® con- struction work. And it is further agreed by and between said parties that the acceptance of the work provide i for in this contract, or • the payment thereof, shall -not constitute a waiver on the part of the city. of any of the provi s ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perfoou- ance thereof; nor. shall the acceptance be, ,prima facie evidence of the ;performance of any provision of thi; contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay;#or all labor and materials used or; furnished to be used its the makir of such improvement and -in the performance of this contract, .whether done or=furnished for him; os.his'agent, assignee, successor or subcontractor; and ibe city'may-reser,.e out �f any allowance made' on any estimate in favor of ,the contractor or V:1 assigns,. or out of the .amount due him or his assigns upon. thecompletion of the work, so much as ma,:, a, cessary ;to pay all laborers ar tna'terian men for amd'"ants due them ;for work done or materials uses, �arnished: to be used in,the performance of :this :contrac! -end the doing of said worn, and the county tre:.sarer,.aciing as city ireasurer;_ma `retain m©nay Collected from. property owners assessed for said improvement to pay suciz'debts or uiitit t e contractor shows that=they have been M id or sn.tisfied :to remo- all ear�h and tin se material in .the streats or sides there4o upon the completion of the improvement or the repairing thereof. The worm of making such Improvement shall be .competed according to the terms of this contract on or beforethe ............................................. ...... ...--- ---- --Aav of ------ ---- ----- ., 1�;.:..,...., unless the time for the completion of. the same shall be extended in wrist.. g by the Board of Public Works, And;it is, agreed thatany such extension of'time, or any alteration'of this contract or of the mangier or meth- od of doing such worts shall in no way affect the duties, obliga'tiora or liabilities of the contractor or his sure - It is agreed that the contractor shall not assign this conxract,_or sub -let -the work or any part thereof to be done hereunder, without the r-, ;t* en of the Board of: Public Worms. It is further agreed. and. stipulated teat .`!z- contractor shall' give to residents of said city, and county preference in the employment of all labor .iecessary in the performance of this -contract, and fasiirsg to do s=>, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and _things to be done and pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessdd, Got lected and paid to said contractor in the manner fixed by- the statute governing the making of such .improve. Wents. To each of the conditions and stipulations of this contract # includisig all and singular the provisiot3p and terlas of the plans, profile, specifications and resolution aforesaid, the' undersigned binds hirnself Ol Asvlf and the respective successor or assig-Ls of sueh parties:, In Testimony Whereof°, Wa, the f oreg oing :roamed past ieS, hereunto set our hands this 24th. day of September 1919, , 1. JOE. AUTHER CITY OF SOUTH BEND, INDIANA. Contractor., BY G. A. ELLIOTT' ` H. F. ROSTISER Its Board of Public Works, PUBLIC DDROVE14FIT CONTRACT. This Agreement, Made and entered in to this 24th. day of September 1919 by and betweenlJoe Luther of the County of St Joseph and State of Indiang(hersin- after referred to as the " Contractor"), and the C� ty of South Bind, in the County of St. Jose Sh and Str to of Indiana, by and through ti Board of Public Works (hereinafter referred to as the " City"), under and by virtue o an Act of the General Assembly of the State of Indiana, entitled " An Act ConcerningMunicipal Corporations," approved March 6,1905, and all emdnatory and supplementalac s thereto;- Witnesseth, that the contractor covenants and agrees to construct serer taps on Huron Str•_let from Olive Street to Meade Street, in the City of South Bend,. Indiana at and for the fallowing prices: - 15-6" sewer tiiPe each ................. 45.00 11 - - Nednenriaw Sentembet 2/tbA...1930 Con —J-= ei1 . s and tQ'PV n all'-Worlt t'n tl#e sccution ` �maptvvernezz�t under, and aecorQi to the terms acid re�u dltit3fill :.'�VeYitEts1`i aid the , fin.% ed ''ttte 113osrd of Public �,�/orfrs...�;x ,:119 • �'zctons chi reso t�ti F _D a-tzr ent of PuS)2ic wo;K ^hick set out ohs eci4lcat;on"s .axe r. Aar, e- Ot futl t and effectua?!l� ,fig co Yecl ino 'US."fit covenants and 7xe°s *h�t in .tfte prosecutign of said �illt oars�gsr 11e '�} " *, _ nark all proper. art€l +�1 kiee a •p far5wFPxsca;ltlon to Dr � � ,nit. � � e rava ions and dangerous places } 3 . •i 'y person �r �r ,.« r sin t r�s 7; that ij tie event , - g :crefry to a fr�n a :y t*-er or, thtng� cntr...r*mod the ®ante; th6 lfist�"ff '31 per�n.�br ptop`r y. h- 41 r1v ar i 1tc, tictate th-�.s�*ne at , retvl .or . 'rc r;zatfn the eyer�t of any d:ar1 Or claims em bs own expense,.ancl-s:s_ i'o'ight agtt1# b g made or any action or actionsg dntrsctot" y t=teason ,ox ac o°znt of of gro�� Iw out of . id %-pox... cr Cs con^Ert�Gtion, ti "I in " —own expense -defend the dams, ai3 f Tvtll a an a `i ail respec $emn4y.atid save lZarzniess said cil pay, y_} dgment xecoverwt therein, and will iri tiefie , Pa ;e_ cer zGt" u ant recovere4 in connection with sued claim ar e aims�2tction or aeons. lAnil f vvithtn tdn nts Or p from all coat, sty i ri 5LiC11 aCtipn.is egutt� e•city �shati noilf the contractor of the ege,1 �i` n any �udgine�rl`dered against the cit ." Y � cy ther,,,f, Ott; his cansirue,ttontond, as: io tl-• , mount, liability and other matte ssperta contractor n ractor to. against the surety g thereto. 0.; i ..:..�'I , <ct «t �..;i ia�.z.e s•a-,h repairs as may be necessary,fo, thi3 cr;,Qd wid in the Ulwizier as fixed by the s»,-cificalions, avid ;to secure nie maintenance and repair thereof to A10 with tltc Hoard of Public Works a bond frith sufficient surety thereon and in an amount as fixed, by the 0pPclAc4tions, And -in doing such repair work the contractor and the surety on his guarantee bond shallbe 4115J(Tt to the sA me liability to the city and any other person for any injury or damage to any pees kn or prop-vi, arty in the sarne manner and to the same extent as is fixed in the last preceding paragrapl, 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; ,ontracti or ' tha payment .,.,ereof, ikhall not constitute,z. waiver on the part of ;the :city;pf any of the provis-;-. '. iolitf of this contract, nor airs11 it release said contractor or the sureties on his bond for -the faithful perfot°rst•,. a"tt°e thereof; tier p. , 'Shrill the -acceptance- be pr..iina facie evidencey . of the performance of an _ -provision Of this ilt t,oi"act, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees -to pay for all Tabor and materials' used or furnished to be --used in the making d` staclt Improveniar;t and in the performance ofthis- contract, whether done or furnishilfor him, -or his agent, as.lj ice, successOr or subcontractor, and the city may reserve out of any $tlowance blade on any estim" it! favor of titie.cortractor orT= assigns, or out of the --mount due him or isle assigns upon the completion of the Nvork, io much as ma cessary to pay all laborers or material men for amounts due them for work done or •materials user, urnished to be used is the performance of this contract and-- the doing o f slid v✓Orz a and the z:ctunty trtasurer, acting as city treasurer, maqq retain money eoltected frosty°px®party n�vtrers asw� �,,rd_far said_ irx..prd�vernent to 'pay such debts or noell the contractor shows that they have bea{>Ror t*z Sad, matez gal in 'then tre is ocr sides Uv- upon the corn, .' `. fhA, t+ ,i- ��, n� ?t or the repairing that: of. The work of rr�,4,lkirg-sit^'z improvement sh_a,11-be cot :oleted!according to the kerrrzs of this contract on o% before the .°..,,, -- ----- -- ---dav o£---- -- -------------------- -- ---------- 19 ...:,y upjess the time for -the completion of the sar,P sh it b_- ex`enr�ed in writ,-- a, by the Board of Public Works, a And it is agreed tbgt a.ny such Aeten^ion of t;rne, or any alter,---'; n o- this con* -tact or of the manner or meth od of doingsuch work shall in no way affect *he dutiP y s, obligat ors or liabilities of the contractor or his sure- ties, It is agreed that the contractor ehall not assign this contra :t,-:or sub -let the work or any part thereof to be done hereunder, withu ,t *_>,e rit-en co:a.:nt of the Board pf Public- Works. it is further agreed and stiaula-ed *hat contractor sh Il give to residents of said city and county preference in the employm•tnt of ail labor necessary in the per ormance of this contract, and failing to do so, Shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this, contract, and things to be done and erformcd by said contractor the said city agrees to cause the cost of doing such work to be assessed., col- lected and paid to said contractor in the manner fixed by -the sta ute governing the making of- such improve- anextts. _ To each of the Conditions and stipulations of this contract, including all and singular_ the proyisiona and tei'uis of the plansi-profile, specifications and resolution: aforesaid, the undersigned bizAg himself of• itsplft and the respective successor or assirrs of stem parties. In Testimony Whereof, We, the foregoing named parties, =here•• unto set our hands --this 2411 day of Sept .19i9 JOE LUTHER CITY 0P SOUTH. BEND, TNDTANA. Contrd_etor. BY G.; A. ELLIOTT - H.; F. ROSTTSER . Its Board of Public Works. zu� r Tit. in i^A_i_ PUBLd4'TMPROVV;I.FENT CONgq?ACT r r This Agreement, Made and entered inky® trh.id 24th.., day..,, of September 1919 by iind..IbcitWeen Thomas Williams of ,the Coutt,y of St. ``,Tose-�h and State of Indiana (hereinafter. referred to me the " Contractor"), and the -,City -of South- Bend, Indiana, in the County of St. Joseph and State off Ind iene,, , by and through its -Board, of, .Publ is Works (hereinafter referred to -,.s the " City"), order:- and by virtue of an Act -of the 4eneral Assembly of the State of iridiana, entitled' " An'Act, Concert -Ling ?luniefpal Corporations approved Mapch 6 1905, n{' eI1 amendatory p,nd subplinmtal acts thereto: ..Witnesseth, that the contractor covenants and agrees to construct water connections on Ne,varre Street from Portage Avenue to Leland Avenue, in tb.e .City of South Bend, Indiana at e,nd for the following prices:- 3 taps on the ton sifde, each:......... .$30'00 2 taps on the short side, each. , . .:. , ........ , 22.50 owd to tI rHorm all work in the prosecution w said improvement under and aceordh* to.the terms and cou. ditions of Improvement Rd,!sollition "No........-tlie office d by the. Board of Public Works ........................ and the plans, profile and specifica.*ions on file -. the Depa--tment of Public Works,, which sait� resolution, plans, profile and specifications are made a< pa-rt. hereof; as fully and effectually as if coded and act out herein at Nil length, ; `rlie contractor further expressly co-*-narts and agreQs that ins the prosecution. of said work all proper still a. d care "''`i he exerc syl; tr he t , �� .: a l„ ` all excavations aid danl erous`pla6es, and .:rj7 gsc 01 diie p'"'-)er pr`;^a` tio.i to Dr * lni„-y +, :ry person or l ^^""tV; flivat in event 0.1 tLi9y injury or dam^.;e resulting frcrn tt' or r, c rrt �� fro,. � y.� .tier or thin connected therewith or arising therefrom, to any pers^n or utop,�rty, )tie tl rev ar lic'date the same at 's owri expense, and as� stu:ie the liability therefor'; and in the event of any c?airl or claims being maze or any action or`actions being brokght ag.airkst_ the city by reason or on account 'of or groiOng out of s . d work or its coC strtiction, the said contractor will, at his own expense defend the same, and viill Ray any judgment recovered therein, and will in all respects 'fully indeinri fy and save harmless, saicC city;' its officers,"•agents or representatives from all cost, expense, pa ment or Judgment recovered in connection with Stich claim or claims, action or actions, .And f within ten ays, after any such action is begun, the city shall notify the contractor of tie pendency thereof; t'hj:n any judgment rendered against the city shall be conclusive against the contractor and against the surety on lua. construction bond, asto tl, 'mount liability and other matters pertaining, thereto.' Aml itit coi-vgr:.es �o uivarII!€tin said ii. tit a. a i_iazle such repairs as may be neceysai-y the er od and in the manner as fixed by the sn4 cif ca'_ions, and to secure nie ni<aint Trance and repaif thereof to fie with ie-aoard of Public Works a bond with sufficient surety thereon andin an amount -as fiAiwl by the ipeci"fications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the. ssnie.liabili.ty'to the city and any other person for any inju, y or damage to -tiny pers'tn or ptop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering th c tjn- , struction work. 1. And it is further agreed by and bettyeen said parties that the acceptance of the workkprovided 'for In tl-A contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the, proyo- Inns of this contract, nor shall it release said, contractor or `the sureties on his bond for the faithful peafo rni- an" thereof; nor shall the acceptance be prima facie evidence of the performance of 'any provision of thug, 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 estixiiete In favor of the contractor or I— assigns, or out of the amount due him or ilia assigns upon the completion of the work, so much as ma, cessary to pay ail laborers ori'materiaL .;nen for amounts due them fact' work done or materials urea or urnished to be used in the performance:. erformanceof this contract and the doing of said work, and the county treasurer, acting. as city treasurer, may retain money collected from property ht, itcrs assessed for saidimprovement to pay such debts o> until the contractor shoves that they have been 1, .;� ot• cc=tisfiecl . rV ; z I. ear h, all + t1i:"3s ti material ih the sip€its P stti ia1 1 upon the rprppletion of the ii3: row ni,, if or the repairing erect The work of V"Akirg anPh improvement shall be corn ed according to the terms of thle c�ttt�rect Atl W iaes: the ...... ................................................—day a#- ._ ...... 1#rIns the time for the completion of the same sh-::li be ex nctedrin writ -.g by tht Bird of Pit N ot'kg, And it is geed- that any such eaten ion .of ti*tie, or anv alfer_n'ioli of this contract or of the tnAinno_P or tit thn ©d of doing such work shall in no way affect the: duflei, obliga tios or liabilities of thecontra0ar or his 111M, tin.; It is agreed that the contractor shall not Assign this cor_trartl or stiff -let the work or :any cart therM to .ha d®tie hereunder, witho!'f the v, ritten 'co nt of the Board of Public. Works, It is further agreed and stipulated That t'4- contractor shalll give to residents of said eity and County -preference in the employment cf all labor necessary in the performance of this contract, and falling to do 40, ahall forfeit to the city the sum of ten dollars for each failure td observe this stipulation, And upon the performance of all the terms anii-conditions of this contract, and things to be dons And Performed by said contractor the said city agrees to cause the cost of doing such work to be aBssAaf-d, Coi= yl�eeptpede and paid to said contractor in the manner fined by the statute governing the making of epeh, Improve-1 To aach ofAhe conditions and stipulations of this contract, including all -and singular the PrOV161004 W Urma of the plaits, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, '&rid the rtapcctivt suctessoror assi-xs of such Darti es. In Testimony Whereof,. We, the foregoing nariied parties, hereunto sat our hands this 24th, day Of SeDt0Mber I919« . i o President. o