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HomeMy WebLinkAbout04/21/1920 Board of Public Works Minutes4:63 Board met in regular session at 7:15 P.M. All members present. Hearing had on assessment roll and final estimate for pipe sewer on. Spruce Street from Colfax Avenue to Alley north of Washington Avenue, under Improve merit Res olut ion No, 720. In the above matter no remon�tritors appeared and no written remon- strance was filed. The Board therefore find that the property assessed 1n said roll filed April 6th.,01920 is benefited in the amount of assessments as shown on said assessment roll and the Board further find that the assessment roll filed April 6th. 1920 and the f ina 1 .est imate il.lowed Apr it 6th. , ]::,20 should be and the sane is hereby in all- th ings ; rat if ie!d, c onf irmed and approved � Hearing lead on Resolution f Avenue from La Salle Avenue to Madison Street, u In the C ity of South Bend, Ind iana. 4-rade, curb and walk on Hydraulic r Improvement Resolution No. 744. i Upon said hearing remonstrators appeared, but no written remora- s tran" was filed. And the Board being fully ad isad in the presmises, decides thatthe benefits to property liable to be assessed for Aid improvements are -equal to the eS t imated cost of the same, as reported by the City Civil. Engineer, and thereupon takes f ina act ion on said reps glut ion as originally adopted, and the same is hereby in all th ings , rat if ied, c onf armed and approved. S Resolved further, that notices be published on the 23rd. day of April 1920 and on the 30th. day of April ,1920 in the South Bend Daily Tribune, stating that this ,Boa d will receive bids for the o onstr ct ion:: of said improvamern'ts up to 10: 00 A.M. on the llth. day of May 1920. . The Board reserves the right, to reject any and all b id.s . Hearing had on resolution on. Catalpa Avenue from Indiana Avenue to Oliver No. 746. In the City of South Bend, Indiana. Upon sa idhear ing no remons strange was filed. And the Board being fully a benefits to property liable to be assessed .For s t imated cost of the same as reported by, the. f inal act ion on sa id res olut ion as or ig inally a things, . rat if led, a onf irmed and approved. Resolved- further, that not April 1920 and -on they 30th. ,day of April 1920 i City, stating that this Board will receive bids ments up to .10:00 A.M. on the-llth, day of May reject any and all bids. grade, curb and walk improvement eet, under Improvement Resolution castors appeared and no written remon wised in the premises, decides that the a id Impr ovements are equal to the- ity Civil Engineer, and thereupon takes opted, and the same is hereby in all es be published on the 23rd. day of the South Bend Daily Tribunes in said or the construction of Said improve- 20. The Board reserves the right to Hearing had on Imp ovement Res olut ion for grade curb. and walk on Chapin Street from Indiana Avenue to Oliver Street, under Improvement Resolution No. 745. In the City of South Bend, Indiana. Upon said hearing no re eon strange was filed. And the Board being fully ai benefits t© property liable to be assessedfor s cost of the same, as re :;opted by the City C iv it on- said. resolution as or ig inal ly adopted-, and t confirmed and approved. Resolved further, that not April 1920 and on the 30th( day of April 1920 i this Board will receive bids for the condtru.at-i on the, ll.th. day of May 1920. _The Board resery trators appeared and no written remon- v ised in the promise:s, decides that the: id improvements are equal to the est imated Eng ineer; r and thereupon takes final action a -same is hereby in all things, ratified, ces be published on the 23rd day of the .South bend Daily Tribune, s tat ing tha n of said improvements up' to 10:00 A.M. s the right to reject any and all bids. asp Hearing had on Resolution for Pipe sewer on Jefferson Street from Walnut Street to Chestnut'Street, under Improvement Resolution No. .754. in the City of South Bend, Indiana.- Upon said hearing no remonstrators ppeared and no written remonstrance *as"'filed. And the Board being fully advised in the premises, doc ides that the benefits to roperty 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 f final act ion ' on said - resolut ion as originil y adopted, and the. same is hereby in all things, ratified, confirmed and approved. V • Resolved further, that notices be Published on the , 23rd . day of April 1920 and on the 30th. day of April 1920 in he S'ou th Band Daily Tribune, . stat ig that this Board will receive bids for the construction of said improvements up to 10:00 A.M. on the llth. day of May 1920. The Boa d reserves the right to reject any and all bids. I Hearing had . on resolution for pipe sewer on Wakewa Avenue from La Lafayette Street to Iroquois Street, under Improvement Resolution No, 755. In the City of South Bend, Indiana. Upgn:said hearing no remonstrators appeared and no written remon-, strange 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, ratan td, confirmed and approved.. Resolved further, that notices be �ublished on the 23rd. day of April 192.0 and on . the 30th. day of April 1920. in he South -Bend Daily Tribune,, stating that this Board will receive bids for the construction -of said improvements up to 1-0: 00 A.M. on the llth. day of May 1920.- Th� Board . reserves the right tor .reject any and all bids. Hearing had on resolution -'for pipe sewer on Ewing Avenue from High Street td Mrskine Boulevard, under Improvement Res lution No. 743. In the City of South Bend, Ind ia,na Uon^'said hearing no 'remonstrators appeared and no written remora--- strance 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 sane, as reported by the City Civil:Engin,,er, and thereu on takes final action on said resolutiott as originally adopted, and the same is hereby in all things, rat if ied, confirmed and approved, Resolved further, that notices be published on the 23rd. day of i.. Apr,il 1920 and on the 30th. day of April 1920 in a South Bend Daily Tribune, sta,t ing that this Board will receive bids for theconstruction of said improvements to 10:00 A.M. on the llth. day of May 1920. The B aid reserves the right to reject any and all bids. ' Hearing had on resolution for -pipe sewer in Vassar Avenue from Allen Street to a point 30 feet east of the let. a ley east of Allen Street, under ° Improvement Resolution No. 753. In the City of South Bend, Indiana. Upon said hearing a remonstrator appeared, but no written remon-- strange was filed, And tha Board being fully advised in the premises, decides that the benefits to property 1iab�� to be assessad for said improvement are equal to the estimated costof 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 23rd,!day of April 1920 and on the 30th. day of April 1920. in -the South Bend Daily Tribune, stating that this Board will receive bids for the constnction of said improvement up to 10:00 A.M. on the llth, day of May 1920. The Board reserves the right to reject any and all bids. Hear ing had on res olut ion f or Trl7k sewer on Div is ion Street from Meade Street - to Chicago Street, under Improveme t Res olut ion -.No. 740. In. the C It of South Bend, Indiana, Upon sa id hearing remons trat ors was f iled . And the Board being fully advised - i to property liable to be assessed for. aid impr of .- the same, as reported by the City Civil Eng i said resolution- as originally adopted, and the c onf irmed and approved. Resolved further that notices 1920 and on the 30th. day of April 1920. In the this Board will iece ive bias for the constructs A.M. on the llth. day of May 1920. The Board b ids. • Deferred .heaving -had ,on ores olut from Meade Street to Olive Street, under Impro of South Bend, Indiana... > , .. , . . • > , Upon said hearing no remonstratc remonstrance Filed. Written remonstrance filed A and the Board being fully advised i the premises, liable to be assessed for said improvements are e As are -orted by the City Civil Eng ineer , and the e t ion as or ig ina lly adopted, and the same is he t and approved. Resolved -further, that notices Apr it 1926 and og Vie '30th. day of April 1920. that this Board Will receive bids for the const A.M. on the llth. day of May 1920. The Board r bids . <<. ,.. ppearesd but no written rQmonstrarfdo the premises, decides that the benefits aments are equal to the estimated., cost er, and thereupon takes final action on me is hereby in all things, ratified, published on the 23rd . day of April oath Bend Daily Tr ibun e, s tat ing that of said improvements up to 10.: 00 serves the right to reject any and all n f or p ipe sewer on D iv is ion Street ment Resolution No. 739. In the C sty rs appeared and no further Written pr it W414,9.1920 is hereby over -ruled, decides that the benefits to property qual to the estimated Cost of the same, upon takes final action on said resolu y in a I I °things; -rat if ied; donf irmed s e pub 1 idhed da the 23rd . day of the South Bend Daily Tr ibuge, s tat ing etion of said- improvements up to 10:00 crves the right to reject any and all Hearing had on Improvement Resolution 748. for Trunk sewer on Fellows Street and Ewing Avenue from Donald Street to P ©posed, Erskine Boulevard, in the City of South Bend, Indians. Upon sa idhear ing no remonstrat was f iled. _ And the Board being fully adv iced i to property liable to be assessed for said Impr of the same, as reported by the City Fivil Engi on said resolution as or ig inally adopted, and t f ied , c onf it med and approved. s appeared and no written remonstrance the premises, decides that the benefits ,ements are equal to the estimated cost er, and thereupon takes final action same is hereby in all' Things, rat i- Resolved further, that notices be published on the 23rd day of April 1920 and -on the 30th. day of April 1920. in the South Bend Daily Tribune, stating that t board will receive bids For .the construction of said improvements up to 10:00 A.M. on the llth. day of May 1920. The Board resery s the right to reject any and all bids. • Hearing had on res olut ion No. 747 for Trunk sewer on Michigan Street from 40 feet north of . Fairview Avenue to 2000 feet south of Donmoyer Avenue, in the City of South Bend, Indiana. Upon said hearing remonstrators appeared but no written remonstrance was filed. Arid 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 Bivil Engineer, an thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things, r a if ied , c onf irmed and approved. a Resolved further, that notices be published on the R3rd. day of April 1920 and on the 30th. day of April 1920 in the South bend Daily Tribune, stating that this Board will receive bids for the construction ofsaid improvements up' to 10:00 A.M. on the llth day of May 1920. The Board reserves the right to reject any and all bids. The fallowing estimated casts Filed by th ' City Engineer. April 21st ,1920. To the Hon. Board of Public Works, a of the City of South Bend, Indiana. Gentlamen: I herewith estimated the cost. of the pipe sewer Improvement in Vassar Avenue from Allen Street to Sherman Avenue at ...$19.355.00 I ` herewith estimate t e cost of the Irunk sewer Improvement in Fellows Street and Ewing Avenue from Donald Strypet to P oposed Erskino Boulevard at. $23, 285. 00 I'herewith estimate the cast of the_I Avenue from High° Street to Proposed Wiskine Bout �I herewith estimate vthe cost of t be Avenue from.Iro uois Street to Lafayette -Street I herewith estimate- the cost of the I rent from -Meade Street to Chicago Street at..... I herewith ;estimate the cost of the J ment from Walnut Street to Chestnut Street...-... I herewith estimate the cast of the I a poi*t 40 feet north of Fairview Averse to. a pe of Donmoyer Street at ,.. 50.644.00 I herewith estimate the cost of the p East of St. Joseph Street .from Jefferson Street at ............................ 50255.00 I herewith estimate the cost of the east of Portage Avenue "fro'm Rex -Street to Cali pe sewer Improvement in Ewing vard at....$ 4;Q06.00 pipe sewer improvement in Wakews ° ° Lt...........$ 7#880.00 iv is ion Street Trunk sewer Improve- ............ 50.266900 Iffersod .Street pille sewer Improve- .........;...$ 885,00 runk sewer 1 Michigan Street from int 2000 feet south of the center vement improvement on the alley o second alley south of Wayne St. ement improvement on the alley is Avenue at.....31,620,00 I herewith estimate the cost of the pavement improvement on Kline Street and Calvert Street from Lincoln Way West to Deer Street at...........0$51.2.30.00 ° I herewith estimate the cost of the resurfacing of pavement on Wayne Street from Lincoln Way East to Lafayette Blvd. t...................37.125.00 therewith estimate the cost of pavement improvement on Fisher Street and McPherson Street from Chapin Street to.Sample Street at...•....-$229555.00 At request of theproperty owners res ing on South Michigan Street , the Board' ordered the following lights placed. il Are light in front of Walx Place on South Michigan Street at 3125 Mich. Are light on Chippewa Avenue and Mich1gan Street. Are light on Michigan Street at corns of Irvington Avenue. Move are light at Eckman Street to Oa side Street and Michigan Stvnet. Renewal c ert if iedtes for the renewal Lodyga & Company for One Thousand Dollars add B Dollars fwere filed by United States Fidelity & Atty. in fact and same were approved by the Bea excavation bonds for W. S. Lod De Paepa, for One Thousand rarity Company, by L. E. Barter Proof of publication of non-residents and all others concerned on the Opening of Calvert Street from Michigan St eet to Main Street under Vondem- nation No. 5#0was published on the 13th. day of March 1920. 20th. day of March 1920 and on the 27th. day of March 1920 in the S® th Bend Tribune, and signed by Chas. E. Crockett one of the Publishers of the South Bend Tribufte and sworn is before Nelle M. Ribble Notary Public en the 20th. day of April 1920, and same is read and placed on file by this Board. 4ii7 The f ollow ing c ommunicat ion rake ived fr am Ind Una & Michigan Electr is Company under date of April 10.th.,1920. was approved by the Board and the following order sent. April 9,1920. B oa rd of Pub 1 is Works,, South Bend, Indiana,. Gentleman: As stated. previous ly to .your Board, it is our des ire . to substitute for. the present A.C. %* ampere Adams-Bagnall Arc lamps, 'that are now in service, an incandescent •type of lampfor the res on that it jis almost impossible t get repairs parts t o keep the old are lamps in ' operat ion, The Board made an . inspect ion of three expdr imenta 1 lamps installed, and selected the one at the corner of Golden and Woodward Avenues. this lamp is a 400 C.P. Mazda 0. 15 wmperwv; With Holophane dome refractor No. 4632,4 inches diameter and 4 ine lies d ae.p,... a , o .. , .. , W 'a:re3 atVtohing a list of the lamps that will be changed to this new type meat ionwd wbo'v'e.- ' Wfllydu 'kin 1y issue us one of your regular orders., worded &bouts as follows: ... ——...... o,s,o. e —Tbis, is- °t-a wuVhariven t'he4 change in street lighting from 7 ampere, Adams- Bagnall A.C. are lamps, which are provided for in contract dated November 24919139 and substituting therefor.400 C.p. Mazda C 15 ampere lamps with Holophane dome refractors No. 4632. This change is to be made as fast as material can be received, and the price per lamp will remain as for the are lamp previously mentioned above. Yours very truly, INDIANA & MICHIGAN' ELECTRIC COMPANY C. S. KENNEDY, CSk: K Gen' 1. Supt.,, The following order sent to Electric Company. j April M461920. Indiana & Michigan Electric Company, South Bond, Indiana. Gent leman: - Attention C. S. Kgnnedy This will acknowledge receipt of our communication of April 9th.,1920. together with attached list of A. C. are light . You are hereby authorized and th c ommun icat ion constitutes the written approv 1 of this Board as per Paragraph entitl d Electric Current and voltages Paged 7 General Specifications atta had to contract for lighting dated the 24th. day of November 1913. This communication is to authorize you to change the street lights as follows: Ampere Adams-B&gxall A. C. Are lights which are provided for in the c mtract dated November 24th. , 1913 and substitutes therefore, 400 C. P. Mazda Xx C. 15 amperes with Holvphane dome refractor's No. 4632-81 inches iameter and 4 inches deep. This change is to be made as fast as the material can be r ceived and provided always that the price per lamp will remain as per the price of are 1 mp previously mentioned. The following bonds- and contract approved by the Board. PUBLIC IMPROVEMENT' CON 1RACT: This Agreement, Made and entered • in o this 21st. day of Ar it t 1920. by and between Bruno ' De Paepe of .the County of St. Joseph and State of Indiana (hereinaf ar referred to as the " ,Contractor"), and the City of South Bondm 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 Generi .Assembly of the State of Indiana, entitled " An Act Concerning Mun,c dial Corporations approved March 6,1905, and all amendatory and su plemental acts thereto. Witneseth, that the contractor covenants and agrees to construct Pipe sewer in and along Bruce Street frcdm Prairie Avenue to Oliver Street, in the C4 City of South Bend, , Indiana at and for the following prices: — 558 lin. -ft. of 15inch s ewer, pipe , per lin ft..............� 6.25 152 lin. Peet Hof °8 inch pipe sewer, per tin ft............... 1.00 306 lin feet of 6 inch pipe sewer, per lin ft.............p.. 1.50 2210,5 lin. feet of manholes, per lin ft......................15.00 6 'storm water grates, each...................................17.00 2 manholes, curbs and covers, each. 4kid 'to perform all work in the prosecaztion of said ii r°� eme t tinder--ar4-- ceoitlir o the tee i::s wi 4,...:.- ,liti,ons"oftmprOv.-n,ent'Rpsoltlt'i;, No:.. ' - and the vlanc , . - •oars az :Iic "•JV�orks..�dti,,l�.Q.h..2. 1920. grofrle } cf>spe€ifica+ions on file-.; ?the -o'ic z •tr: nx. Public'Vorl;.s, v l irl, s;: • resolutiett, ptans,. ri2f� ardf specificat*s are made a psr?ks i and e'iec ??a set out: rerei+z at Tl'Te:tgrh, J as .if copied a w, "t q coot*actor €urt�i r e YresTy covenants and agrees= the�pros._cution of said virork ,ts +� c:>>.a skill az`,d` care � -17 �s ehe, c:s .�; 11: � � he ---~l ---o� -> ,.. and ;,,t use.s.it dye and prc-)er prec:,-~ioa to or_�_;� i,�t v`*o 3' per -sou excavations and dang rotas pt,� ai7jt injury or dnar?^;e r��Ll`i^g tr _1 t''o Vr . - o ?S'!i`' o' c or prc Y. t i - - £r'>Y . "" v ari$irig he � a or th;n:g rf? v ^+c. th._Y"1 ; I C,"1 t re.rom to ar.-y per^^ i or �_ o. ert , he ll n^v a.r 1, „ �r� t ` p Y ;oa t.. $e at his etIrn e�.pense, a= r G.s- sume €he liability therefor; and in the event of any csa:.~1 or clai , s b?;nq ma -de bro aght against the city by.zeason or on a.c^oat t of or ire« it> etzt of ' d ° any act °n c a. 'o:is y rror" �^r .its con -t -l-.ct;o~., contractor will at his own expense defend the same, and rill pa any judgment recover dherein, and v ;'; i1 all respects fully indemnify aqd save harmless said city, its officers,. agent sE or regrese �tatives from all expense, payment or judgment recovered in connection with su � h claim or claims, action er acticA l f w thin ten, days' after any such a-ctio t is lli`egun, the city shall notify the car rac+or oft u�� then any judgment rendered ,against the city shall be conc?L?sive against fhe contractor and against the sur*- y on.his construction bond, as to tin --amount, liability and other m titers pertaining thereto, Atd E#3e eft.:ta�c�i arcs to iCsai:i"_asn s�ii ir,�prav Went a_ "a.Le surxt-M, as _may lse necessary lot %i�ie Sri :said #n the manneras fixed by,the cifici*ions, and to.s�.c::re tne.�aintenance and repair thereo�>1' to Me with t',te Soard of Public Works a bond v,;lh suMcient surety thereon anti in an amount as fixed b he sp�ilsta�ats, And�iar:doing such repair work the contractor thea sureon y tY , - )ifs tarantee bond, shall_0 s bi"t tO the sarAeWity to the city and any other person fo-i any injury or dani,age to any Viers n-or,prza�pb arty fat the gatsae.a>saas r;an�t to the same. extent as is fixed in a last preceding`paragraph cove"ring the roll. •tructioaa. work. Ad it is further Agreed. by and betweeh said parties that il ke acceptance of the work provided for: in this 9011trActi or the paynicnt thereof, shall not constitute a waiver on fhe part of the city of any of the provis- ititts Of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- Ance thereof; nor shall the acceptance be prims facie evidence of the performance of any provision of this eOtltrl.et, Oatcept to the extent of entitling the contractor to the contract price therefor. T•' . contractor agrees to pay for all labor and materials Wed or furnished.to be used in the making of such itrtprovemetit:and in the performance of this .contract, wh tlier done or furnished for him, or his agent, alligUN, successor or subcontractor; and the city :may reserve out of any allbwaace made on any estimate in"igirOr of the contra,9tor or i,:e assigns, or out of the amoun due him or his assigns upon the,compietiotl w the none r rater as tile. ' 'cessary to' pay all --laborers r materiai snen for amounts- due them -'for word d�c® or materials uses or ivnished .to be used. in the' erformar,ce-oPthis contract and the doing oii laid �vot'gi-a€td the County tras.airer,. acting as city treasurer;. may retain money Collected from property ®wnerl asseis9d fo= said tmprovert,e t o pay such debts or- un it the contractor sisows that they have been pei� or,satisfi®d '_ z�; The coo t--a­or `agrees to remo all rubbish,. earth, and used material in the streets or sides thereof upon the completion of tfie improvemcnt or the repaitittg thPr of. The work of Makings+ich improvement shall be co- m leted according to the terms of this contract. on. or •before the , ...... .... .---- ..... ......_ ^ -••- day of............................................................................., 19..-......., u Andst the it is agrim-e for eed that e completion, of the sa e shall extended in w �tr-g by the Board of Public Works, g y s th_exten zion of time, or a .y altered n of this contract. or of the manner, or meth. -od of doing such work shall in noway affect the duties, obligations or liabilities of the contractor or his sure* ties, - It is agreed that the contractor shall not.,nssign this co-itra t, or si b=let the work or any,part thereof to be done hereunder, without tl ri-en co �.•nt of the Board .f P!ihtic Works. It is further 'agreed &A stipttt ' `d `h *- co tractor shaft give to residents of said city and cowiry preference in. the emm ploy:nt of all labor necessary in the per ormapce of this contract, and failing to do su, shall forfeit, to the city the stain of ro-ila:s for each failure to observe this. stipulation. And upoti the performance of all the terms and conditions of this contract; and things to.be done and performed bi said contractor the said city,agrees'to cause the cost of d:such -work to be assessed 1- leeted and paid to said contractor in the manner hired by the statute governing the rmalsitig of such mprovc- raents. To each of the conditions, and stipulations, of this .contract, including all and singut-at the .provisions and twins. of the plaas, .profile, specifications And resolution aforesaid —the undersigned bindi himseV, or itself, sot! the respective: saecessor.. Qt assign of sv4kpartite xitt Testimam Whereof, We, the fo egoing named parties set our hands this 21st r day_ of April 1 20. CITY OF SOUTH BEND, INDIANA. BRUNOGDEPb gt OEor BY G. A. ELL IO TT HARVEY P. ROSTISER JOHN,F. DERAVEN Its Beard of Public Works. Nod naeadotr AnrIl 17at_ _lWO_ .9"iu�ie�� Know all men by -these presents. That we .._ -Pi.! .................. of the County of on hk ..:.. _............ ,State of ...:....... : ; - iani.- _._ .._.._.., as princi Gu sh t sfwl�sa lasme pal, and...: ,.. _...$.i.�'� �.:.���#r.�i._: � . #Ik:..... ... .... ..��C...�.._# of the County of .....--- •--•_- .. .............and State of .......... _... ..:........................... -- - -- ......_. as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of ................... - '.:::>.::., :.uti'#i•-1 tj.:. z 3.stit -�- ------'�aIlars ($ s » ©4 a. for the payment of which, well and truly to be made,_ we jointly and, severally_ bind ourselves, _onr. -. heirs, executors, administrators and assigns, firmly by these presents. The conditions of .the obligation are such ;that if the.abave named .__:.._ .. ----� �::De a 31---*.... `.. -.... _shall faithfully comply with the foregoing contract; made and entered into the_... ..day of...........................Pr_il 192©.,, ......... «218 t with the City of South Bend, Indiana, and shall fulfill all the conditions and stipulations therein con-' tained, aecording$to=the true intent and meaning thereof, in all respects, then this obligation to be . vgid, othErwise to be:and remain in full force and virtue in law. In the event the said City shall ex- { turd tYe'time'for the 'completion of said work, such extension shall not in any way release the, sure ties on this bond. This shall be a . construction. bond, . and the sureties on the same shall not be held- responsible fox the maintenance arid repair of the improvement after it has been accepted by the second party, but such sureties shall' be held responsible for the faithful compliance with all other conditions, stipu= latiow.and requirements covered by or set out in the contract. WITNESS-our_hands and seals this...-- 1�3 ......day of........, l--• ...... ........... 19:.. 4 _...... .............................. ...---•-------------......._...._...._.................(SEAL) ..-•----. ...8 _ e....Sap. . :..: ._..... (SEAL) (SEAL) s StstaaT papa i+,: The above" bond approved this.:- . ........21s x i . -- day"of ..-.... ....,... 3I .................. - _ -.......... .....A,�:.1$.11s ire ...... ........ Ia�e�r 1R. has t ise� - -------- --- . " Board"of Public Works. - . - - , `Y PUELIC- IMPROVEMENT CONTRACT. This agreement, Made and entered into this 21st. 'day of April 1920. byn and between Bruno De Paepe of the County of St. Josephand State of Indiana (herein- after -referred t i a the " Contractor") , and the City of South Bend, 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 Corporat ions, ` " approved March 6,19051, and all amendatory and supplemental acts thereto:- Witnessotsh, that the contractor covenants and agrees to construct pipe sewer in Webster' and Oliver Street from Prairie Avenue to Bruce Street, -in the. City of South Bend, Indiana at and for the following pddees : - . 230 lin. feet of 18 inch pipe sewer, per .lin ft........:..$6.50 460 lin. feet of 12 inch pipe sewer, per lin ft........... 5.95 182 lin. feet of 8 inch pipe sewer, per lin ft............1.00 376 lin. feet of 6 inch pipe sewer par lin ft........ , ...1.50 33.3 lin feet of manholes, per lin ft ..........; ........... i5.00 5 storm water grates, each ................. ...............17.00 3 manholes, curbs and covers, each ........................30.00 .M Wad»asd- A »i7 7)3a 1 on and to perform all work in the TP rose�•xtion .0r said im rovement undei an Y o dili{o the terms and ct?ii ditions of Improvement tesi,+fii„n No. , at`' ��the.Board t. r �'�Il]Ei +�20• itad the plans p ,ofi a o. gppcIficatio s an 1 Q�. � he office' De , t resolutson,;pl3rs ,r f:le and, s ecifcatlons ii made a part reof as fi d effectually ctulally c W0V i � ich sv., P �; SO gurV rein at u tAn��hJ, � , Y co Ied � The Contractor. further expr srly covenan and �s that in the =-osecutib' skill ar-4 care �kl tje exerts. th +•h ' ` .d P o 4 said tk atl proper �. � e it rah i�.,, rd r i i �" �� p ;� V. i -a.�ct ail excavOlpn and da>rlgertu5 and t use ell d is kid p- oar ire ) +� nrAip�•�r_ ## ► any jn�,ju�Y Ql' riam?^e resul`t°fig fr i t.:_ by . iilln N,from a�; jeer i or I`"elr+?� t` ,t i#iscs"lrnt,,. arising tt1Ct'eirorri do anyerg^n �r rro h g Y iI" �xfer or theft y�41'rA;`.ed cr. 7;'� or P y, " w�1t -a ju •..date 3 sG Me ar is NVII e-:;nchs� . atsrrse jIlibility therefor; ai:d in the ed_::t of any c; .rn or claims b in' or an and as Dade Y, 46on _or actjbi+s being brouih " against the city by reason or on accouvt of or growuig out of :- work or,t� construction, tfi said Contractor will at his own expense .defend the same, and will pay any jud nt rscave ipd therein, and z-•1!i it all respects fully indemnify and save harmless said city, its officers, agents or reprntatives from all cost, �liF.periBe,,payment or judgment recovered A connection with such claim or clairng, i!�>s or act! .W h 1 ten days after any such action is begun, the city shall notify a contractor, ' f t � rr3> Aid:;i hfrt'`aay judgment rendered against tl�'e tit' shall be conch?sip`'` ey t y fe against the contra tzar and against the surety. •a�his construction bond, as to th '�mount, liability and other matters: pertainin# ereto. `Ai And the conrract0v a9ftV5 to VIVisitain said improvement and;i"ke such repairs as may be necessary for the ` eridd and in th+ mai3neir as fixed by the s»Pciiieatiotts, a.td to secure tue-ma£ff` dhaitce and repair thereof t0 �,svith, the loosed of Public Works a bo:sci with staf#icient• at retyt hereon and in an atnoua} :is- fixed by,* , ipeff cliikhl, And in doing such rc'* it work the contractor slid the surety on his guarantee t5hd shall' be eublect to the same liability to the city and any other person for any Injury or damage to any persq,,, Ir`prop- erty in the same -manner and to the same extent as is fixed in the last preceding paragraph coved the con- ,r struZMZ"It Work, i �., is further agreed by and to#wern said, parties that the acceptance of the woA provided for in this eontritet,' or the paym,,;:tt thereof. ='n;zl! not coast tute a waiver on the part of the city +of any of the provis- `ldni of this contract nor shall it r,:teaLe ♦♦skid contactor or the surer€es on his bond for the faithfui ange,�thereof j, nor s�iall`. �T ai+ C j31s"ci ^e !JL prima facie evidence at the performance of any prove,§ion: of this- COiStrBCt, e"Cept to tits t. atnt of entitling the contractor to the contract price therefor. The contractor a roes to pay, for ail labor and materials used or furnished to_ be, used in the making of such Improvement and -in the.performarce of this contract, whether done or furnished for hi or his. agent .Miga-ee suceesior or 4ubcontr r' aria the city tray reserve o --t of any al'.owance made ei any eftimat in favor of the eantractdr a«`,last gins, or out of the a :-„ *­", his assigns Lpan t :e ccmpl tiori '-- of the vtorl,= omuch ssV r.i3 j cessary to pay alf lit, 'r�.s er materiaL nien� fir aziounts"iue t'� ._n for work douse or materials tact: ,. furnished to b- :us,,din`"tite performance of this conntract and ti.r, doing of ISiCI W0l't{ ead,the COttiit .tic attror, a=:iSig ES lit.. Lrensurer, inay reta,n'money collctte(Vfrom p perty owners -aisesecd1 d*0 said impruvet:teitt1p -pay such debts or until the,contractor show§ that they hays be�,.t} paid or satisfied i-.. he coin: act � � • or.agrees to remo: , 3t1 ttibonsh, earth., and unused "material hi the stresrta or sided tl`►ereof upon the _completion of the improvem nt `ter: the repairing thereof. The, work of making siich improvement shall be completed according to the terms of this contract or! of before the ....-- - .dav of --- unless the time for the cone le+ion of the saT ..•- "' •..,' 19..........,,: .P s'��ll.be extended in w?'itig..-hy the Board, of Public WaAs, And it is agreed that any such extension of time, or any altera� om o£,,this contract or of the manner car ttteth- od of doing such work shall in no way afrect the duties, obiiga.tions or'P:abilities of the contractor or his sure. ties. ` It is agreed that the contractor shall not �ssigm this contract, dr sub -let the work or any part thereof to be done hereunder, withoi.,t the v�_itren co i; -t of the .P��-� cf Pubfa. Works, P. It is further agn d �' , ; i c, - o rtsidents of said. city and coptaty reference in the employrr rit nt -'1 la cr ;sary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of tA,n dollars for each failure to observe this stipulation, And upon the performance of ail the te--r-is and cotleit:or-s 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 asssssed, col= lected and paid to said contractor in the manner fixed by the statute governing the making of -such improve. ments. To each .oT the conditions_ and stipulations of this contract, including all and singular the provisions and terms eff the plans. Profile. specifications and resolution aforesaid, the undersigned binds himsolf Ot itself, and the respective E•accessor or assigns of such ;parties. In Te-stimonyy Whereof, We, the foregoing named parties, hereunto set our hands this 21st. day of April 1920. BRUNO DEPAE E CONTRACTOR. CITY OF SOUTH BEND, INDIANA. BY 11. A - & , ELL IO TT - HARVEY' F. ' ROSTISER JOHN ' F: ' DEHAVEN - Its Board - of - Pub l is , Works . 4'aLt�' Know all men by these presents, That we-...- ...... _...... r,t,®.;-I}e••--'ae State of _ ........_ r , , . of the County of, ..._._..--. 8 � . s .............-•••• , dada ------- 4-------_--.:, as princx- . pal, ptr ......... ,, .__...--.... .._.... _--.... ........... ............ 74 .... ..... .--.._.........._ -...._ of the County of_ -., - and State of............................_...._.._... . as sureties, are held and firmly bound to the Cittof South Bend, Indiana, in the sum of.... ........ � Dollars 2 -]87. @0) . - --.�--oas Ewan-... h ($ s for the payme�lt of whic ,well a> truly o be`@ .made e In y i �seve ally bind_ ourselves,. our' heirs, exectit4s, administrators and assigns, firmly :by these presents: r { The ,cmitions .of t the ,?Pl 6jr are such that if the :above: -need ....... ..., . .....: .......:.$ = - _ .......:.shall 'faithfully comply, with the for'egomg contract; made and entered into the.. a1s ........... day of::.-:. •............ ... j . ..:.:.. with the City of South Bend,_ Indiana, and shall fulfill, ,;all the conditions and stipulations therein eon tali d, ;acet gd�q} to ":the ir}le, intent and meaning thereof, in all respects, then this obhgat q> .to b voherwise, to, be end remain in full force and virtue in law. Iri the event the said City. shall ex, tend the tlme'for the completion of said work, such extension shall note in any way release' the sure- ties on this bond. �., . . This shall be a.. _dlist�rtiction bond, and the sureties on. tie same shall not be --held responsible for i the nidintendhee. aria `repair of the improvement after it has been accepted by the second party, but such sureties shall._blpy hejd xesponsiNle fob the faithful compliance with all other conditions, stipu- lations and requirements covered by or set out in. the contract. WITNESS -our. _ n s a 4e4j s - h .Aay.of. ........... 9 -=:=.: • ` _- _•..-.(SPAL) _ I 1 Q:.-DB... .._... .:.:; f £ IIJ�s° EALY IMF . . barter A y. i fact. - The above boAndroved this` --...#.:_ y day,of _ APl __ ............ A-•. AM .......� ......... _..... r Boitl of l�ubhc V�orks._ o ir y R .<, . 'I t . The following res glut ions were adopted for pavements. STREET OR ALLEY IMPROVEMENT RESOLUTION NO_ 769. Be It Resolved by the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve Leer Street from Calvert Street to Ewing Avenue as follows, towir: Said street sha-11 be graded and the roadway thereof shall be paved; and also the roadway of certain portions of the streets and alleys which enter or intersect said street shall be graded and paved; The paving material to be used in making said improvement shall be Sheet Asphalt, Bitulithic, Asphaltic concrete or Brick,, and the foundation shall be portland cement c onerets six (6) inches thick for the sheet as halt, b itulithic, asphaltic concrete and brick or rolled gravel six (6) inches thick for the brick, also cement curb shall be constructed along said street where same is not already constructed; storm water inlets and conduits hall be constructed where necessary; all manhole tops and storm water inlets shill b constructed at all strcat and alley intersections where necessary, all as is more particularly shown and all in accordance witatheL plans, pforiles, detail drawings, and s pec ificat iris on file in the office of the Department of Public Works of the City of South Bend, Indiana. _ The cost of the. improvement herein provided for, eroept street and alley Intersections, shall be paid by special assessment to ISe levied upon the property specially benefitted, to the amount that the same may be leg- ally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concern ;ng llun_cipal 'Corporations," approved March 6, 1905, and in accordance with and pursuant to the ,provisions of all acts amendatory and supplemental thereto. fihe cost of all street and alley ibters`ections, including one-half of the aridtl; of tie Improvement pntflo- e to street and alleys which run into, but do mot cross said roadvaay herein proposed. to be Improved and that po ticn of such street or alley abutting upon'property belonging to said City, or upon property_ not subject to Stich assessment, shall be paid by the City in cash out of its general fund, if able to do go, or from a fund ero- ated by a special rise -, vent to be l.svied Linder the provisions of Section 108 of the above entitled Act. Assessments of ten dollars and more against each lot, if deferred, are to be -paid in ten equal annual In- stallments, -sigh interest at the rate of Six per cent per annum. A bond or bonds will be issued to tho con t,v-ctor to the amount of such deferred ass�,ss._aents in pro rata payment for such iral"r,- -er art, Under no circumstances shall the city of South Bend be, or be held respor_sible for any sum or sums due froin said property owner or owners for said work, or for the collection of the same, or for the iaaynient of any bond, bc.ids, certificate or certificates, issued to. said c .trz..ctor in pa7M.e! t ,�r such , work, except for such moneys as shall have actually been received by the City from the assessments --for such ,improvement, or such moneys as said City is by said entitled ket and amend-%reat and supplements thereto required" to pay. All -n-. proceedings had, and work done in the making of said srovement, assessment of property, olieetion of as- sessnents and issuance of bonds therefor, shall be as provided for in said above_entitied Aet,'and Acts amend- atory thereof and supplemental, thereto. - r,t BE IT _FURTHRR RESOLVED, That the Board of PublM W6r fR 10VA1 ► 4 4 } t �q . ......�j�D a' Q �t the hour ®f 7; P. is � ilk ft Vdorks, of this Citgr as -the -time an p ae or the public coatsfderat#dh A /t `b . said Board of Public Works will hear all persons interested, or whose rop/Yt / fik. Improvement, and will, decide whether the benefita.to the property �i to S wf11 equal thetstixaated ,cost thereof. BE IT; F'UI TI-JER RIESOLVED, Tnt- fiotice of the time Arid ii19e9' d MIT 10� if teed and mail ill --the : ann�r prov'd by law. Notice of ti►ie T99011I$�Oii,/A day of .:.and on the ..�s *.day of... ...day. , ,1�� , �} d dl� e Adopted this.t..•�t.............day_of...�r►rYr7ry�il, �lawee}/}+}}rvr :i • ELLIOTT Tom' F. ROSTISER ATTESTED:- JO F. IN Veronica C. Sweeney, Clerk of the Board. STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 770•� Be It Resolved by the Board of Public Works of tko C lty of"' 94uth Beads, St. Joseph C®uoty, State of Indiana, that it is desired and deela ` ,Necessary to In - prove North Shore Drive from Lafayette Street to Iro4p"is str *-WAas follows, s grit: - Ssid street shall be graded and the, r:adwag"`thcre9f skull be pa eft;" and also the roadway of co:^tain„ piortYoaa of the streets. a alleysieielt snta sect said street slab b e graded and paved. The paves lsat er l to be xted in mak inf said improvon at sh I be Macadam; ales eeloaxt exrb shall be,-,.-oa�structe�, al®$ 8 ..said street where saIC Is Not already coxstracted; storm, water inlets axi a®nduits shall be eonstrxeted where x9oessary; all r ,.elx' top,a»l storm dater xlet$ ':sil be set to the p ®per gr e; cement marginal curb shall be coastrn:cted at all street and alley Intersections whertseeos'sary, all as is leers �arti*%Urly shown and all in accordance with the plans, profiles, detail drawings and epeeif catiexs on file. IN the office of .tie Department 'of Public Works of the City-.ef_Soat�.Bextd� Ixd,fa Thu ees! of the, ftVrovement herein provided for, except street and aIiey' faterseetions, shall be paid by tmmW assessment to ,be levied ,upon the property specially- berefitted, to the amount that the same may be 1eg. ally assessed therefor; in accordance with an Act of the General- Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved, March 6, 19;05, and in accordance with and pursuant ;9"Ae provisions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one-half of the width of the improvement oppo. sit® Street and alleys which run into, but do not cross said roadway herein proposed to be improved and that pobtion of such street -or alley abutting upon property belonging to said City, or upon property not subject to such ,assessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund cre- ated by a speclal as_.ess =amt to be i;�vied under the provisions of Section 108 of the above entitled Act. As:essments of ten dollars and more against each lot, if deferred, are to be paid in ten equal annual in- stallments, a1 h interest at the rate of Six per cent per. annum. A bond, or bonds will be issued to the con- t:�rtor to the amount of such deferred assessments in pro rata raymert for such ir,7 ^art, Under no circumstances shall the city of South .Bend be, or use held resp8rsibie fof any "sui"ii or "suttee due itiYM Bald property owner or ovrners for said work, or for` the collection of the same, or for .the bayment of any Bond, bMds, certificate or certi � cates, issued to said c tractor in pavmort ";r suck, work, except for such menays as shall have actually been received by the City from the assessi ents for such Imnrovenient, or such moneys.as said City is by said entitled Act and ame_�d-ent and supplea^ety proceedings had, and work done in the making of s: ' thereto required to pay. All seesnients and issuance of bonds therefor, shall be as s ^vement, a r.-ent of property, collection of as- ato;7 thereof and supplemental thereto, provided for in s ad ovo entitled Act, and Acts amend - BF FU$ 11 P1_ RESOLVED; That the Board of Public Wo ks fix the ..... 1.9 uh. —f ......lMla�i 1 ........ T, s ....... qt a hour of 7: 5 P. M., at the-e ucs p€ th@ BPltrd @ u#1 p Works, .of this; City, as the time an place for the public consideration of Said proposed impr@ca^gip said Board of Public Works will he?r all persons interested, or whose _property is liable to h@ essa=404 1pr sell improvement, and will decide ; hether the benefits to the property liable to be assemd for @aid impf®7@M@:it will equal the estimated cost thereof. BE IT FURTHER R S'OL ": 701), That notice of the time and place of such pisblie consideraiI �. lfshed and e111fn the z-.�...,,, pro id d by law. Notjee of this resolut og shall be publieb®d on thej,4r,�« day of... and ou the f5�.e..day of.. Malt. ,�10 ., in t a spiitb BQ}=d, �ai� dine Adopted thf% ....�1.s t,r ... .....day Of......... .A ]e ...1 2QI .. , r „ to r Prof BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney, Clerk of the Board, G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. LEHAVEN President.