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06/22/1920 Board of Public Works Minutes
Board met in regular sess ion at 10: 00 A.M. u. A. Elliott absent. lst part of meet ing. Bids wore received, opened and read on follow ing improvements. B id of Water connections on Donald Street. Bid of Wm. H. Burke. Short side, each.....1..................... ......$l9.70 Long side, each ................................... 25.70 Water a onnect ions on Rush Street. Bid of Wm. H . Burke. Short side, each ................. ................. 19.70 Long side, each ........ ....0...................... 25.70 Attorney Charles Hagerty with Ed. Neddo appeared before the Board in regard to Florine Court alley vacation and opening of alley between lots asked for in petition. Board advised said parties to get waiver and resolution would be prepared. . Clerk instructed to cell up St. •''Joseph Hoating Company about having the City Hall connected up with City heating. Mr. .August Raabe appeared before the Board in regard to having to pay for pavement taken up to fix defective tap on south Michigan Street, The Board agreed to py for pavement. Remonstrance filed against pavement on Frances Street from Cedar Street to St. Joseph River;, Same read and placed on file. Petition for light at corner of E. Calvert Street and Sampson Street. Referred to Thomas Beaning for report. Part ial est imate No. 1. for cement walk Improvement on West s ide of Portage Avenue from Allen Street to the C. I. & S. R. R. allowed the McCready Construction Company at .......... $ 416.66 In regard to the complaint filed by Lenn J. Oare about poles in alley at rear of Lot 46 Navarre Place, the Central Union Tel. Company to move guy wire ,ntire ly off of the rear of this lot. Petition for grade on alley east of St. Joseph Street from Jefferson Street to Wayne Street fiot allowed by the Board. Light order placed at the northeast corner of St. Peter Street and Miner Street. Reports from the Ocean Accident & Livarantee Corporation f it �d with the Board on the boilers in the City Hall. Pet it ion filed for street light on corner of S. Fellows 05treet and E. Milton Street and cornerof So. Rush Street and Milton Street. Beaning recomended light be placed at northwest corner of Rush Street and Milton Street. ues a June PPpd _ _ 1920 r.,,,+.;r,,.a J, Resolution for -..: . Service Connections with Mans No. 802 WHEREAS, the Board of Public Works on thefitb ...:... day of ... ...APr- U. •192Ge 192 ...i is did alopt a resolutioa ordering ` and requiring the permanent improvement of sad. .. .. . � alYi ti _ . ...... Street from .....1viUc-o1.n Way. FraStiStreet to.. aajk, .. . Street, by paving the roadway the same, and WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of the service pipes, mains, conduits, lateral„ and connections which, are, or will be necessary to accorrmcebte the abutting property and_ the owners thereof with gas, water, sewer, and other conveniences and necesssries; and also said City Givil Engineer has prepared and ' filed in said office specifications showing the material to be used, and the maner of laying said service pipes mains, conduits, laterals and connections from the mains to the points in - snide the curb lines. THEREFORE, be it resolved by the Board of Public Workes of the City of South Bend, Indiana, that the report of the City Civil Engineer is adopted, and sa'd report and the specifications prepared and filed by him are made a part of this resolution as fully and effectually as if copied herein at full length; and it is fur- ther ordered that all of such private connections with the sewer, gas, and water mains be made in said street by bringing ahem inside the curb lines thereof. And be it further resolved that notice by publication for two successive, days in South Bend T-P ibult t3 , a newspaper of general circulation printed ard publ shed in the City of South Bend - Indiana, be given to the owners of the property abutting upon said street to be improved r directing them to July 1920' make such sewer and water connections on or before the day of I 192 —, and that if said connections are not made on -or before said time and . in accordance with --the speci- fications and report on file in the office of the Board of the Public .. Vt'c-rks, 'then said Board will cause- the same to be made and will asses the cost thereof .against the .'property abutting upon said- street, and, ,shall do all other things pertaining thereto according to the provisions ard requirments of Ordinance No. 1842 adopted by the Common Council of the .City of South Bend on July 24, 1916, and cf Al cthc r ordinances and law • relating thereto. And. be it further resolved and ordered that after the 20 day period has elapsed for the making cf-saids• r. connection by the property owners, a notice shall be pu6lishd for two weeks, once each week, in the J Tr ibun e South Bend , a newspaper of general circulation publ•shd in said city, requesting t bids from contraetors for the making of such connections as have . not been made by the property oNhers, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids shalt be opened and a contract let for the doing of said work. - .. . And be it further ordered that the Northern Indiana Gas and Electric Ccrr.pany, which holds -a fran. chise from, and is en?ow!rei by said city to furnish artificial gas to the citizens thereof, and is engaged n' said business, in sail city,is h�,re'v directed to mAe and install all service connections with its mains in said street in accordance .with the provisions of Ordinance No. 1555 adopted . June 27 1910 and such other ordi- aances or laws applicable theteto; %hi& connections are st•.cHn iron the rcpctt of tle City Civil, Engirimn, and which are hereby declared to be necessary in supplying gas to the owner of property. abutting upon said street. Adodted this 22nd. day of Jun r• 1 a2n, ,192 Go A* ELLIOTT Px1i1to&LiORX on 22nd. ®f- Juxa 1920 and _ 23rd. day Of Junt 1920. F. Ei1SmISER Expgat ax of t it July 12t.#IE , Board of Public Works. i The following contracts and bonds approved. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into thda 22nd. day of June 1920 by and between Joseph Luther of the County of St. Joseph and State of Indiana (herein- after -referred to as the " Contractor"), and . the City of South Bend, ' in, the County of St. Joseph and State. of Indiana, by and through its Board of Public Works, (hereinafter referred to as the " City"), sunder and by virtue of an,.Act of the genera, °Assembly of the State of Indiana,, ent it led ".An Act Concerning Municipal Corporations, " approved March 6,1905, and a.11 amehdatory and supplemental acts thereto:- ".itnGsseth, that the contractor covenants and agrees to construct water connections -and sewer connections on Michigan Street from Ewing Avenue to 40 feet north of Fa iry iew Avenue, in the; City of South Bend, Indiana at arid` for they f o 1 lowing pr ices : - WATER CONNECTIONS; - 17 taps on the long side, each .......... .. ........... 038.20 • 14 - taps • on. - the short side, each.... 21.73 SEVER CONNECT IONS ; 6 inch pipe, 738 lint feet at per lin ft.............. 4.00 Note:- There are 14 connections on W. side ,15' long There are 16 connect ons on E. side 33' long. anti to perform all work in the prosecution of said improvement under and according to the terms and con- ditions of Improvement Resohitian No. _._---782___---__-, adopted by the B(-,3rd of Public Works_.. and the plans, profile and specifications on file in the office of the' Depa; tn:ent of Public .Works, w,.:ich said resolution, plans,. profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. e contractor further expressly covenants and agrees that in the prosecution of said work all prone r s1:i11 a: d care ;'1 be exercised; tl--�t he "1 _on 1 1 n`^c all excavations ar-i danber -us piae .. anal 1 use 2'i d„_ d p ^�Pr preen .ion to prey -•t i-it—y ..-y perso--i r a=?y ln,', ry or oar i^ r gal .i-g frc i t S=' _ Cr r£ !jti� J frnr V - �. or th arising therefrom, to any per-^i or n-op`'.r`_y, hFt • `r-iv ?.' i lic'ltdate th- S.' e 2f 1^iS o"-n e,'npnS . sur-e :.he liability therefor; ands in the eve-:t of any ci.a_.-i or claims b-.-ng r- :-,e (-r 2:�v ac`:on r- a-t•---S bro_ght agairiat the city by reison or on atco->:irt of or gre bag or-t of c ' i. F-r i*s c^ =r* `•�- _ contractor will at his own expense defend the same, an3 -iii pay any judgme.i, r^c^-,,=�d all respects fully indemnify and save harmless said city, its officers, ag:nts or rearetatrv_s c expense, payment or judgment recovered in connection v.rith su i c'•aim or clair-_F;, a_-t:on or a: * a. within ten days .after any such action is begun, the city shall notify the cony ac-or of t. p� thou any judgment reudered against the city shall be conclusive against the cc_Ztractor and against thy: on his construction bond, as to tl- ',.mount, liability and other mati:ers per;ai^i __ th ret.o. d0 p1,40 Ei.3•� aA lj �q� 1< l 9 � a 10PrIlIt420 ?ql p.-um 10 slgap !U.�11s Ae4 O1 ;t1,stttaAfN1 UX1 pea! 10) P;H41191 1441Ahi:@ �1,�(a uio3; �3.•:,ilg9 �ttcru ut;aa tivut `aa>ttsas, �(�a� sB 2t;anrj taaxncr al � ;tsnaa 41 put ° t4on4 p1vs 1� ssl�� {} 1 l l �u�� �tgl �a ��ttr �tzo}sad atl; m r-asn aq of pagsttzao' �9it1 i��Ea� tat �t0 WOO 0 gip; g{ t�I � A �3utlAt~t� aa; thus r,etaa,ew to s-a.zoge1'e de l 1d o; d.zessaa .-aw III 0.49ara cs'zliom agl In stslllssil slg ao t ucq -np ;nno*tt.2)qj i3o it>o ao 'set css% to 4040VAu03 ®too ®I0 . pik•it�pz�13� uA apit au?,�!€�j�°�iw ;o ;ro an.aasa* d>:uz d;i� atl; ptt� ; adi��a;ud5getl� 10d�a��it� '��lf�® 141;x0a al4 P'Piq J01 patl�cuact; aA auop alij;at;m 's3ea;uoa s1il; ;0 2autsutaa;and ott4 1 pug 1dflttT�Aor n ,MI(pjom qJ P;Ijoivanj ao pasn sleua;zu puz .10C11311110 ao} �ttd o g�fla�j .a; $d .€xp 101 =Jg3aJi4V4 aattcl ;��a�ito� aq; o;*ao;oei;uoz) aq; ZUi1;l1U;) ;v lt:a3xa �q} 0� ;d�ax� '��llalt3�� }u t�o1B1,�A d &,q ;q �-ov�mxo j w l ail} ;o a01I3DTAa ap sunad �?q azuvldaaDg 0qa t111tig IOU ! 1O44igl 00119 at1} 1P,1 Rk¢tt sttl ttQ sataa,rns aq; so so;oi a;uoa pt.,s a. eapij ;1 t1Vg6 JOU ;3Vd;t M 11tt4 0 Ft; }}P !a agl 0 ltst3 aijl iio aaa;nji;suoa }ou i1v4v ';ot,Eq; stsatuked 044 J0,14 00 �.� <ti ''1 aca paC1r�A tdaq� auI }A aattn;daaaa au; q< sal;xed p ;l-es uaan�xaq pts� Lq gaaa1g 3�i1;#1 li If VUV ���et� ��ti�ll�liN ul aotio ua ma j t AsId • ;t;�a �>�� A�;4�nAP t�d�+�.Rp.;� .�eripaaatd ;Sej aid uT pax st se ;uaaxa aus'es at�I oI V� � �jti dA t3 44 4uv �4 UVV jo S.tnta► Su-e 101 uossad sagto fur pi";ta OV (n.43#114#11 at: of #qs 6$100(40 t1ari8 Vitpp al JWV 4060"10a3 .¢i���a�;� �� ��t s'�a cttt:Yla,� � tree �-t•�rr� +z•-•,�. z>m ^r.r, «tac>r�en �rcKs ¢Fr�u��voxva �f# 4� ���.�r�ti�` 1''�� :�. i;c,.; ,... i � C t.�.� ::".� �'� �, •':; t, cF,F'-'.£l, a�tict 1lll'.'.S��i rildteitd.l Iri tI1C 5ti'e�:'tS CiC Si.1C;y 't_3..i't:,+� �h. �prc_,,� �m •�t �r t��a rep��rtn� ther�:�of, �� fib@€�€ @ �l t st3c inz r_ yc�a tt �b�ii lie r. eted according to the terms of this contract on or ----- --- -- == -=- lPs*ign of zhq wa R sh"il be to^ded in by the Board of Public Works. r' it alt c� j€ e that a iy §u -h 4t qe !qn cf tit v § er, +on of this cc -tract or of the manner or meth- A� A d F §pE 9t1€ si�a.ii ,n t a Viay a`{ect *be duti'-'s, 6bligations or liabilities of the contractor or his sure- flE §: d a tl'§ sor ra =or Fhai,l rnt ruirm tt+te �ontr^.ct, or srb-let the work or any part thereof to ,a f r �F the Penra of P:-b1ic Works. 1§ prth�f � e d . i j 1 �_ -, ') _r'l car sh-1ll •e to residents of said city and county It f �l � �� ll3 1 t3 i3l Plot; at of a}i is = Fr ?�= airy j; he _ocrformance of this contract, and fading to do so, of tad dgll�.s for eAFh failAtr. to ol?serve this stipulation. AM tip mi th@ p@F'f@Finap� Af ;l t13e i rnt� end ctarditto� pf this contract, and things to be done and th@ s?id city agrem to cause the cost. of doing such work to .lam assessed, col- rlsggd ?,ad paid w gaid mitIagtgt ift t�@ lliafitlof fixed by "thest>atute governing the snaking of such improve, §: and lllipi4iati©ns 9f this c®ntraet, including all and singular the provisionsa:d r�stalut3on a,foresgid, the urs , _rsr ,r.ed binds himself or its f, o1 s. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this 22nd. day of Juno 1920. CITY OF SOIITR RIND, TNBIINA. BX _qA.RVEY-F:: 'R08TISER JORN F. DEHAVEN , Its Board of Public Works. PUBLIC IMPROVEMENT CONTRACT. JOE LUTHER, Contractor. THIS AkaREEMENT, Made.and entered into this 22nd. day of June 1920 bl�y and betweent Joseph Luther of the County` of -St: Joseph and State of Indiana, (hereinafter referred to as the " Contractor"), and the City of South Bend, in, they County of St. Joseph, and State of Indiana,, by and through its Beard of Public Works , (hereinafter referred to as the " City"), under and by virtue ` of an Act cif the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal -Corporations, " approved March 6,1905, and all amendatory and supplement& acts thereto: - v Witness eth, that the contractor covenants and agrees . t o _construct water connections on College Street from -Lincoln Way West to Vassar Avenue in the City of South°Bend, Indiana, and. at ° and for the following prices:- 14,water. taps, oho the. short side, each.....................�2i.25 10 water taps on the long side, each..... ................ 26.37 -_: to perf'orm all wort, in the prosecution of said improvement under and accordfug to the terms and con- d*bons of Impro—'r-ert R-•snl+ition No. ._7Q3_ -------------- . adopted by the BQard of Public Works.__X&Z lajJ920• and the plans, profile 2rd specifics+ions on file in the office of the Department of ?oulblic' Worksi wf+ictr said r ludo ., pla:n.s, plof'e and specificatirons are made a part hereof as fully and effectually as if copied and set out hsre;n at full le_n_nth. y e contractor further expressly covenants and agrees that in the prosecution of said work all vraper ,.;Il s ' ' d care 1 be ey rose. ; th he 7--1 1._ all excava. idangerouspons and laces, .; ....� and ° , t, Yise a'j d',,e 2 d p�c->er pre ^"`?on to pre' ;* i(iiw- to r_y person or Frc,.•erty; drat i-i event ref • a :y init?ry or (1-mn -e resulting frcm t17"Dr'_ or from: a^v 7-_'ter or thin- Con _ tx d tll'rC'14_ � or arising thee' from, `.o any per-! or property, h,� 11 .,ny a-1 li-.1.idate the same at his own expense..anrl;ras- s,'n e `he liability therefor; and in the even, of any, clam or claims b-;ng made or any action or actions b =-C bro_ght against the city by reason or on account of or growing out of E'd vnor':. or its construction, s contractor will at his own expense defend the same, and will pay any judgment recovered therein, and is all respects fully iru: mnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with .such claim or claims, action or actions. A--d f within ten days after any such action is begun, the city shall notify the contractor of the pendercv they' f, tbt-n any iudgment rendered against the city shall be conclusive against the contractor and against the si?ret.y can his construction bond, as to tlA amotmt, liability and other matters pertaining -thereto. � �' t)El c€3s rs: ctvr gref� cu 'f '4Vin &':d i;r5" fci'd .1.: ._L c- -u 1 Fc Jl' It r., :rt � Ylad Brad to the masrtrner as fixed by the soecifYca_ions, and to s'-c-re. A. ile la I2iC IiitLG t�l=�l rya %ace V.1st>h t'tc Boa-rd, of Put)tic Works a bond -%,th sufficient surety thereon. and in an an mu k•t LAti -c° t by 4 , sz•r, i nc, ti sns, And -it i doing such repair work the contractor and the surety ou has gu aaa"Itce N<,; •._ sl li.l 1°4 Al'fje t to the sortie liability to the city and any other person for any injury or t1aY, gag to aaly pE3tz i 1' it) fide satirern tnaner and to the same extent as is fixed in the last preceding per gaEtllll r•clvc !1tg it . � stftie°•tImi wcr'lc. �i!d It is further' agreed by and between said parties that tl e 2c ellW.lre Of the, N701'it or the paynicat th:rcof, shall not constitute a wain I' o11 the pt. t of the Cllk' 0( 0 ), i 1 lw i-w;:ri Pf this contract, nor shall it r .lease said contractor or the sus-L'Lies oil his boi�d for t1le fal ,:lLtl lr thortof , nor shall the acceptance be privaa facie evidence of the performttrtce of ally PIMwioli n;;IIl?1l?t, except to the e.•:tcnt 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 iilal 1 k Ul' nieh Improvemana.t and in the performance of this contract, wh6ther done or furnished for hini, or big, apocessor or subcontractor, and the city may reserve out of ally allowance rilade on aii etlhil 't.l In 0vor of tho contractor or ' assigns, or out of the amount due hirn or his assigns upon thg t:ar,�l,letien/r of ih- vGarin`, t'o nnwh &s rt'nr cessary to pay all laborers or ma•teriai rnen for parnount$ due th0rr, foot w'Arfc d ae carrtnaterials useu c, _arllished to l;e use i in the perfoYt(-atice of this contract and the doll ,g' of wQrr <' � d va(k t:l.)4 air tr...;4; tr' V'*tr=1g as city treaSLrer' S:lay retail njolicy (fii .:fed fTditl t)rf11)tl�. ik$-tv,,,d for said rr2jprQvc*. vnt to pay such debts or timcil the co;,.ti ar"Cor €1l vJs that they hifyo hi r ' to resno all rn`;'-)-sit, earth, and utl+zsrd material in tli streLts UY Yin the completion of the improVF•rn -at or the repairing thereof. The work of making such improvement shall be comuleted according to the terms of -this contract on or Sefore the ............................. ----- _------------------- -------- --------.day of. . ----- .......................... .................................... 19........, ., unless the time for the completion of the sa^e shall be extPn01ed in wr;ti-,-:g by the Board, of ,Public Works. And it is agreed that any such extension of ti, or a^v al*c_ `ion of this contr1act 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 assign this contract, or sub -let the work or -any- part thereof to be done hereunder, without the writ -en core ant. of the Board of Public Works. It is further agreed and stipula`ed that -'0 ! contractor shall give to residents of said city and county preference in the employm•=nt of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions- of this contract, and things to be done and performed by said contractor the said city agrees try cause the cost of doing such work to be assessed, col- 1 ectedd and paid to said contractor in the manner fixed by the statute governing the making of such improve- aents. 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 aforesaid, the undersigned binds himself or itF,<=1.f7 and tht,..respective successor or assigns of such parties. IN TESTIMONY .. OF , We, the foregoing named parties, hereunto set our hands this 22nd. day of June 1920. CITY OF SOUTH BEND, INDIANA. JOE A:e, LUTHER BY HARVEY F. ROSTISER Contractor. JO HN F. DEHAVEN Its Board of Public Works. . , ly2a. c om inuacL. PUBLIC IMPROVEMENT CONTRACT. THIS AuREEMENT, Made and entered into this 22nd day of June 1920. by and between Joseph Luther of the County. of .St.. Joseph and State of Indiana (herein— after referred to as the " Contractor."), and the `City of South Bench, in the County of St. Joseph, and State of Indiana, by and thr ough =its: Board of Public Works, (hereinafter referred. to as the " City"), under and by u irtue of an Act of the-eneral Assembly of the State of Indiana, ent it led " An Act Concerning Municipal Corporations, " approved March 6th. aaZA 1905, and all amendatory a d supplemental acts thereto: Wi•tnesseth, that the contracto, covenants and agrees to construct ,water connections on Dayton Street from Michigan Street to Miami Street, in the City of South Bend, Indiana at and ,for the fallowing prices:,. 25 taps ondshort side, each,.... .....: ....21,50 29 taps on long s ide, each.. , ... ........ 25.93 a ici to perf®rixi° itil°or °isi `t: i prosecutioniE 'said improvement under and according to the terms and con- ditions bf Improvern'ent iz�io.1lt 0n 14; ., 704 ..., adopted by the Beard of Public Works. M—ay' .12s..1920. and the plazas, profile and sp�.cifica*ions.on file i 1 0- office of the Department of Public `Works, which said resolution, plans, rofilA aid specificati;pns are mane a part hereof as fully and effectually as if copied and act out herein at length. '!-,e contractor further expressly covenants and agrees that in the prosecution of said work all proper skill avd care wi`l be exerciseld; tr..•. he "! ^-opa= d 1, o`^et all excavations and dangerous places,. ,and , ;Il use all due and prooer pr "',.ttG i to Or 't injv �: `l 7r:v Ddrson or 1. ^ rty; that in the event •Qf airy injury or damage resulting from the vr,r": or front a v r- tter or thing corinectPd therewith or arising therefrom, to any pers^-i or property, he 1`11 rav arA lic•-i'date the`s>•_.e at his own`, expense, and as- sume the liability therefor; and in the event of any cl.a r-r or claims be;ng made or any action or actions being brought against the city by reason or on account of or growing out of &-d wort: or its construction, the sa;d contractor will at his own expense defend the same, and wiil pay any judgment recovered therein, and will in all respects fully iti&.mnify and save harmless said city, its officers; agents or ;representatives from all cost expense, payment or judgment recovered in connection_wlth such. claim or claims, action or actions. And within ten days after any such action is begun; the city shall notify theicontractor of the pendency thereof, then. stay judgment rendered against the city shall be concitisive against the contractor and against the surety an his construction bond, as to 0 , amount, liability and other matters pertaining thereto. And the contractor agrees to xnaintain said imt;rovement and inal:e such peAairs as inay be necessraq i,,I the Varied and In the, Manner as fixed by the soecif cations, and to secifre rae maintenance and repair thereof to file with the Board of Public Works a bond witl sufficient surety thereon and in an amount as fixed by the sp@dfiicaticns; And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the Barrie liability to the city and any other person for any injury or damage to any pens 1 a or prop- erty In the same manner and to the same extent as is fixed in the last preceding paragraph covering the; et. stnictlon work, And It is further agreed by and between said parties that the acceptance of the work providr-A for i_r { coiltt'set, or the payment thRr; of, shall not constitute a ,waiver on the part of the city of any of Li : l; ' r loi.s of flue contract, nor shall it rclea..e said contractor or the sureties on his bond for the fa.ithftil or!t!e lhereof; nor shall the acceptance be priina facie evidence of the perfoiinance of any proviaioii of S! contract, exotpt to the ex -tent 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 rna.ldwg o; gue-h Improvement and in the performance of this contract, whether done or furnished for hirri, or his a.� E, as€igaco, successor or subcontractor, and the city may reserve out of any allowance t ad.e on aiiy @y` iS7t i i; In favor of the contractor or ! '- assigns, or out of the amount due him or his assigns upoii the coo-itpleticr.t of the work, so much its ma` cessary to pay all labore<s or rnateriai men for amounts due tD .A.. foi work flora or materia•1s uses 1:r .arnished to be used in the performance of this contract and the dobig (it avid worg, @,nd the eonnty treasurer, acting as city treasurer, may retain Worley coita ted front propL" i i-y fit4�lt@Y8 esacsaed for said irnpruvwswnt to pay such debts or wool-tbf c�,,,t; =r;,�,; t''o.,/s 4 01, tit��' b"6/c, 1, �ifl � aict�fi�d z r C. a e�,,igt; : Psi rvl'Ra, earth. aril un+:sed material in the streets or sides the e=oi iigi?h tllq eait YIP -41 i-�f fife I t olfKttt ..,jt or the repairing thereof. Lg p @@40, w0fi 8f i��•1-ltri sif-li 1t�iprgv�tttettt slrs,tl be cornoleted according to the terms of this contract on or bolope 3 '777..... 7 H:7. '.c.x its:a.::a:...........z............day of �1ag® the fime f f l:h® e�trtpi t!�a of the sa- A s'znll be extended in writing by the Board of Public Works. d it l§ 119feed fbott sfly shelf t1.'+iten-ion of V-' q, or arm altd,m+ion of this contract or of the .banner or ninth. W of delhg much Woflt sl 01 1ft flo Way affect the dutias, obligations or liabilities of the contractor or his suite- Itaii It 16 ARf0M thAt tb® @outraetor shill not n:ssign this contract, or sub -let the work or any part thereof ,to hfi d 111hffftlfldaf, Wlth(Vf thl wdt -rt con nt of the Bn3rd of Public Works. i 111 fh thaf k9fttd AM stlpultled tart 'g.y contrsctor' sh0 give to residents of said city and county fg areliel la the ®f to m,r nt of s11 labor ne essary in the.performance of this contract, and failing to do so, hh l forbit to the el y he Banff of ten dollars for each failure to observe this stipulation. Avid upoft tits peregrltltsEit' at all the terms and conditions df this contract, and things to be done and OF wed by aald ebatractor the said city agree to cause the cost of doing such work to be assessed, col- ohto blid Pald to asid 011trattor in the manner fixed by the statute governing the making of such improve- R� byt &S Ovations and atioulations of this contract, including all and. singular the provisions and S-411 6 ttt -4, le, speellieattois and resolution aforesaid, the undersigned binds himself or i.ts ilf, WAIA thq li'"Pivitif k for or asks of alich pxxares. IN TESTIMONY WHEREOF, We,' the forego ng named parties, hereunto set our hands this 22nd. day of June 1920. CITY OF SOUTH BEND, INDIANA. JOE LUTHER BY HARVEY F. ROSTISER Contractor. JOHN F. DEHAVEN Its Board of Public Works. PUBUIC IMPROVEMENT CONTRACT. This Agreement, Made and lantered into this 22nd. day of June 1920. by and between Wm. H. Burke of the County of St.. Joseph and State of Indiana (here- inafter referred to as the "Contractor"), and the City of South Bend, in the ° County of St. Joseph, and State of Indiana, by and through its Board of Public Works (hereinafter referred to as the " City"),,- under and by virtue of an Act of the general Assembly of- the State of Indiana, entitled " An Act Concerning Municipal ° Corporations, " approved March 6,.1905, and all amendatory and supplemental acts thereto: ,- - Witnesseth, that the contra(rtto,r covenants and agraes. to construct water connections on. Dupha° Street, groan Hs,rr.is. Street to Jackson Street, in the City of South Bend, Ind;ians,, ° at. and, for. the. following. prices: 9 taps on the short side, each.................;.0 0 0 0 0 0 a es 19.50 - 10`taps on the long side, eaoh. .:...................... 21.50 A. erform=all work in the rQsecLit%tt s ,tsad s i secatdin€; to the.:tcrins: aria i i�r " diTions elf Im rove merif-1itanfution No. _ 0 _� � • P .- oTted _y he 3m ,r2f cif Public Works.. Maw--�-! 192°0 '*and the .pla ; profile and specifications on file it3the ice of -the 1) a tment .of Public Works, rvlrich Bald resolutiet�s, plans, ro&le and specificatipns are made a part hereof "as #ally and effectually as if copied,arid set out h"erein at ull`length. The contractor further. expressly covenants and agrees that in the prosecutionofsaid work all prover skill and care i i-I be exercise"' thn t he . '1'r-on *• : d r' o` - all e - avations and dangerous Ptaeas, a34d l..tfill Use all t#ue d p ^T?Qr 13recft .lon to prev 1t intU jury `l y person or 1 V; t'� J;1 any injury or damage resuhi,g fro. tlhe. w r`:.orfTOn1 A',y t�- Or the �'¢!'nt'-,n^+F Y'� , . d th^ . i- v or arising therefrom, to any.pers—i or n operty, he *'li nay a��i t'Iidat the s me a.t{^;; own exp. ns?,.2 }',,- sume the liability ther--for; and in the event of any claim or cla.zrus be ng tn;d� or any action or a t_o s a q bm,tght against the city by reason or on account of or growing out of s�'d , ,ter'.; or its can_trvice ion, contractor wili at his own expense defend the same, and tiiiil payany judo- : eat recovered therein, and a 1 :ia all respects, fully int!_trinify and save harmless said city, its officers, agents or represeztatives,frorm all curt; expense, payment or-}udgment -recovered iti 'conaection with such claim or claims, action or actions. ' A--1 f Within ten clays after any surf action is begun, the city shall notify the contractor of tY_t.; Awn.any :judgment rendered. against the city shall be con6hL sive against the contractor and against the sur-tL ;. Whis construction bond, as to tlm amount., liability as�d other, matters pertaining thereto.. A#d he`e trae �r agrees to. ma s tarp said imp s��renzent st - a1,e ou repairs a e neeeaaas�y :t; the, ri"od inn tat .t�a� tslariner as fixer] 19y the s.;aPcif canons, ana io,seeaxe ire ma �zt i�ancg �,nd reps x H ere to with the Soard'of FuMie Works `a �ioiz ti,ritl sufficient surety thereon and4a an a cunt as fixed, y lhi oppilAcatiovs: And in doing such repair work the contractor and the surety on his guarantee bond shall sultf eet to the.sasne liability to the city and any other person for any injury or damage to any pers;=1_or.,.propl erty In the sage mariner and to the same extent as is fixed in the last preceding. paragraph the: cons ,truction work, And it is further agrecd,by and bet-v,eca said parties that the acceptance of the work provfded for in thli ontrsct, or the payment thereof, shall not constitute a waiver on the part of the city -of any, of the joovis. l€i=s ,of this Contract; nor shall it relea:3e said contractor orthe sureties on his band for the -% tllfu;1 pek'fei?`a Valee thiareof1, nor shall the acceptar:ce be prima facie evidence of the perforiiiartce of Ray provision (it tbii eGnt 0.Ct, exc.cpt t0 the exCentof entitling 'the contractor to the con ract price t1Yet'c`ur. The contractor agrees to pay for all labor and materials used or furnished to be used In the mutidiig (if 4119h improvement and in'the performance of this contract, wliether done or_fundshcd for hith,"or his Arpattt anignee, auccenor or Subcontractor; and the city may reser-ite out of any a1lowaiice viRde on any 66thn to in favor of th% contractor or t.'_ assigns, or out of the amount due hh-n or his arsigia upon the ewnpfatkm 0 f],O. \T+ o k, *0 WuCh as me- Cemry to pay all laborczs ; or rnaateria, intent for at 1.ettrtto dtle thild for wqh worse or immeriah tutu ar varnished to be used in theperforr .,rjce of this coirtt•a.A and tim dom (if wid wQvlz� and lh-r koutily acrilig as city treasurer,, r racy refn t"ro""y %`af,-: � froul Pt`(if PAY tx*�At: " asayssed for said jrApvo"Crarvit to pay such debts or u ;-Jl the ecrrxa.Ci(pir ANOV.ig thptk tbey b0*6 lAcP p��id �r gxt,sfiFst .e cc-: to rerou all run Ysit, earth. and unused snateriat in the atreets or tides:Wi;xc Apon the dompletion of the impro!m�nt or the repairing thereof. The work of nuking such improvement shall be complet4d according to the -terms of this contract.on oit:: lWfore the.............................................................................. day of. ---------_---•-------------- - -_- -- ....................... -•--- l�� tutt the Eirtre for the Cori pletion of the sar^e shall be extended in writing by theBoard of Public Works. hid>it is agreed that any sloth exten-ion of time, or any 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 assign this contract, or sub -let the work or any part thereof to be done hereunder, withottt the written. cov,_-:,nt of the Board of Pi!blic Works. It is further agreed and stiptalated thal a:!. contractor -shall give to .residents of said city and, county preference in the employm�.nt of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe thig stipulation. . And upon the performance of ail 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 assessed. col-- lected and paid to said contractor in the manner fixed by the statute governing the makiug of s%W.fmprove- ments. To each of the conditions and stipulations of this contracti including alVand.siaguar the provisions and terms of the plans, profile, specifications and resolution aforesaid, the undersigno& binds hirn§t1t* itself, and the respective successor or assigVs of such- partim .In Testimony Whereof, We, the °foregoing named parties, hereunto set our hands this 22nd. day of June 1920. WM. H. BURKE CITY_OF SOUTH BEND, INDIANA. Contractor. BY HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. PUBLIC IMPROVEMENT -CONTRACT. THIS AuREEMENT, Made and entered into this 1 th.. day of June 1920. by and between Joseph Luther of the County of St. Joseph and Siat,& of Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St Jos elhh, and State of Indiana, ,by and through its Board of Public Works, ( hereinafter referred to as the " City"), andettatd by Vt *tuf -apf an Ant of the -eneral Assembly of the State of IndUxa, entitled " An .Act Concerning Muniripa,l Corporations, " approved March 6* 19059 and all amendatory ernd sup lemental acts thereto: _ Witnesseth, that the contractor covenants and agrees 'to construct pipe sewer in and along Div is ion Street from MeadeS craet to Olive Street, in the City of South Bend, Isid Tana at e,nd for the following pr ices : - 6i24 tin 'feet of 18 inch pipe sewer, per tin ft... ........7,�5 88 lin. feet of 8 inch pipe sewer, per lin ft...:.......... 1.30 306 lin. feet of 6 inch pipe sewer, per. lin ft............... 1.75 .20 manholes., per tin ft. ........,................15.00 2 st grin water rates each ] 5 00 g f .... 2 man holes, curbs, and covers, es,ch.... , .....'........... •„.3:0. Op lin. feet of 8 inch house c onnest ions per tin- ft.... , 2: 00 and to perform all work 1n the prosecution of said improvement under, and according to the terms and cue» ditions of Improvement Rcsolwl;lon No. ...... U9 _.... ., a ted by the Board of Public' Works.... March, 2�9I920. and the' plans, profile a.nd, specifications on file in the ofl'ic of the Department of Public Works, which' said resol:utioh, :plans, file acid specificatigns are made a part..hereof as fully' and `effectually as if copied and act ou herein at full length. 7be:contractor further expressly covenants and agrees tba-t`in the prosecution of said work all 'proper skill and care : i'1 be exercised, th7t he 11 p-on - 1 p o_^;t all excavations: and dangerous places, and ,.rill use all due and pr,oer pr3calztion to pr_v. t injury to person or t A"y p ....:y; ttiat'i�l .ha event 'ram any injury or d.ama.;e resulting from the w-)ri: or res t'i-go from "2tter Or thing b arisingtherefrom t c t 'y -onr...:cted thereivi T' or o any per..-i or property, Ma rr ll nav a.r�l licuidate the sa-me,at his own expense,. and; as sume the liability therefor; and in the e vent of airy clairl'or clairis being .made or any action or actions being bro°.fight against the city by reason or on account"of or, growing out of said worl,- or its construction, the safd 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, expense, payment or judgment recovered in connection with.sucll claim or claims; action or actions. And f within ten days after any such action is begun;. the city shalt notify the contractor of t1aependency thernf; the"I any judgment rendered against the city small be conch-tsive against the contractor and against .the surety on his construction bond, as to 0 smount, liability and other matters pertaining thereto; 4 04 fionfrActor agr'ees.tq xn-aintain said improvement. and make such repairs as may be necessary fo, �e PeAsd and #4 4ke in¢nuer 0,0 fi=d by the OP Pcifications, and .to secure tie maintenance ai'id gepair thereof to.file b3iM ft ROA-td of Public W"ks a band with sufficient surety thereon and in an amount as.•fixed_by the A04 fin 4oing lain t- pail work the contractor and the surety on his g7uarantee -band shall be 007Ject 0 tf}e gaj- Ae- Ifab#lfty to the ,city and any .other person for any trtjury or dar"ge to any., n or prod- ert } thii �a a anne Rnd to the came extent as is fixed in: the )last preceding iparaggph covering the. cots- ff r$tr00ion wpru, ft l;e further Pffregd by and bcfwecn said parties that the acceptance of'the worlt rovided for in'this oo±itr'aat, or the payment thtres f, oh -all not constitute a waiver ort the part of the city. o any'of the provis- iols$ of this f-Pntraet nor §hall it rcleaNe said contraetor_or the sureties on1is bond for the faithful perior ',w atce thereof nor small the acceptance be prima facie evidence of the performance'of any provision of this cgntrast, t+7-Cept to the extent of entitling the contractor to the contract price therefor. Thf Q9J1trAQtAr 11 racs to pay for all labor and materials; used or furnished to be used in the making of $uch 1mEr9yemct4 and In the performance of this contract, whether -done or furnished for him, or his ag°ei,t; asigue�j <l a@;for or subcontractor;. and the city may reserve out of any allowance made on any estimate �p >t PF-9f°the contractor or assigns, or out of the amount due him or�his assigns upon the completion pf the wgrlf;,gg Xit-t &8 snf >cessary to pay all laboreA or material men for amounts 'due them for doh ®r Inatoriah urged Qr urnijhed t4 be used in the performance of this contract and the doing of 90 wen; *and Ili uVwI' t're'aSt ref, actlztg as city treasurer, may retain money cop cted from property 3W1zFFs a$se$d'1@r�2i�t>tn>tsav@mint t� key such debts or!11,zil'the eo,a.tactor s'�.otive that they havelte!tst� paid er fAYlch®t1 L ne co.. t-•a -c ag-. ees to remo- 2 all m ;7-):sh,: earth, and' unt:sed material in the streets or sides Ou-rr al upon the completion of. the improvem3--it or the repairing thereof. The work of making such improvement shall be conipleted according to the terms of this egntract on or beforethe--- --------------------- --------- --------- - ----------------- day of - , 19._.....:.., unless the time for the completion of the sar e shall be extended In writ:..g by the Board of Public Works. And it is agreed that any such e�ctension of tine, or any aiterla*ion of this contract or of the manlier or rneth- od:of. doing such work shall in no way affect the dutie$, obligations or liabilities of the contractor or his sure- ties. It is agreed that the: contractor shall not assign, this contract, or sub=let the work or any part thereof to be done hereunder, witho, t the ti it -en co:._ t of the Boa .d of Public Works. It is further agreed and stipulated that s> cbrntractor hall give to residents of said city and county. preference in the employm..nt of all labor necessary in tile performance of this contract, and failing to do sip, shall forfeit to the city the sum, of ten dollars for .each failure to observe this stipulation. And .upon the performance of, all the and conditions of this contract, and things to be done and performed by said contractor -the %md` 0 ag44les to cause the cost of doing such work to be assessed,,col- lected and paid to said contracts the mannerixed 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 previsions arid terms of the plans,. ��rf Vie, specifications and resolution aforesaid, the undersigned binds hiffiself ar itself, and the respective successor, or assigns of such parties: In Testimony Whereof, Gee' the foregoing named parties, hereunto set our `hands this l6th, day of June 1,920. a JEELUTHER, CITY OF SOUTH BEND, ' IND'IA1vA. Contractor. BY HARVEY F: ROSTISER JOHN F. DEHAVEN! _ Its Board of Pub is works: Pend . _ 1 PQ Cant-inj3Ad- Know _------------- - ------- . _ 'A►- •-. -�w-- --r-. _lC.. �i - 95.riYltci'- --- .................._ of the - St. Jes e�h .,;� �nd-� aai a • -.............-_ eau .,,�.�_,�.. __� - r- - Y s o $a*M40t the -suni ................... .�A ,hiaa�d� x s ixt� i c--- -z - 2, 961, o�Q ca ani 5eve �r . 6urselves, Qur'Yteii k.. execulxr,elf ;;otrditc Abe .� ire.0 v�amc�+ �, ,,,,; ,,P i1r Aes�m�f with the,foregoxng contxact r--------- June ... D 24. ; . 'void,.ot4kwiir ` extd the time for l v. . exterstenl mot:_ r tjs on Ou s bond. • ret.sn orid, d the{ e t be elclea*pansible for the t► ,r, sr• a he emenf tfc t 3 3 i} llow; bi d arty, but such sureties e e�• ,ppnslble r e ft° #ul is rae conelitions,.g ivuiations and tequiremehts 5 covered��iy - r yet 1Wtt'in *be tontrL,7t. ,. ••. ,• . , •, • a NEW •---•:-:LL IO TT ..+..:....«_�:... a �..�� ..... ....;_ ,..- .._ ...__ . _day of.� June The a b.on4- aroved �.... _ .�__.:. • "`- TO Em R file. Works. PUBLIC IMPROVEMENT CONTRACT. This Agreement made and entered: into this 16th. day of .June 192e. by and betw,en Joseph Luther of the County of St. Joseph and State of Indiana, (hereinafter referred to as the.* Contractor"), and the City of South Bend, in the County of St. Joseph, fnd State of Indiana, by and through its Board of Public WorkV ( hereinafter referred to as the " City"), under nd by virtue of an Act of the --en- eral Assembly of the State of Indiana, entitled'" An Act Cneerning Municipal Cor- porations, " approved March 61,1905,' and all amendatory and supplemental acts thereto Witnesseth, that the contract covenants and agrees to construct pipe sewer in and along Vassar Avenue from Allen Ptreet to. 30 feet east of the east line of the lst. alley east of Alien Street, in tie City of South Bend,. Indiana at and for the following prices:.. 208 lin. feet of 10 inch pipe sewer, per lin ft........ 4.55 32 lin. feet of 8 inch pipe 3ewer, per lin ft........ 1.25 98 . l in. feet of 6 inch pipe s wer, per lin ft......... 1.50 8 lin feet of manholes, per lin ft....i.............15.00 2 storm water grates, each..- ........................15.00 manhole curbs and cover, esch......................30.00 «d to periorm all worts in the prosecution W said Improvement under -and accordial; to the terms all e; ;,; diti.ons of Improvement Resolution h+o- ______-. _ 1........... a ' Works April 2891926 and the plans, profile and specifications on file the office of the DepaB_-tm?� of Pulli Works, wh ch s. ;' resolution, plans, profile and specificatkns are made a part h reof as fully and effectually as if copied a,1ci set out herein at .full length. he contractor further e::pressiv covenants and agrees that in the prosecution of said work atl proper skill a-d care '1 be e,.-.ercised; that he --•:' ,.-on ;. d p. o s all exca✓a ions and dangerous places, and -,>>1 use all due a. d proper precautio to pr��c_a in;ury +� , :'•'v person or k -'tv; that �.� -b, e,� �f any injury or damage resulting from t'- wn.': or resilltipo, frrm a- mi +P y _t__r or thing conn�^ted therewi`h or arising therefrom, to any person or uroperty, he �- 11 nay arIi liquidate the same at his ov.rn expense, and as- sume the liability thereier; and in the event of any chin or claims being made or any action or aet;ons bs=:!g brought against the city by reason or on account of or growi ig out of sn. d work or its construction, tl e s� , contractor will at his own expense defend the same, and will pay any judgment recovered therein, and uni it in all respects fully in&--trinify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or, claims, action or actions. A❑d f Within ten days after any such action is begun, the city shall notify the contractor of tl?e pendt-_cy ther--f, thon any judgment rendered against the city shall be conclvsi �e against the contractor and against the surety an his construction bored, as to tl, I- amount, liability and other'rna.tiers pertaining thereto, Know _------------- - ------- . _ 'A►- •-. -�w-- --r-. _lC.. �i - 95.riYltci'- --- .................._ of the - St. Jes e�h .,;� �nd-� aai a • -.............-_ eau .,,�.�_,�.. __� - r- - Y s o $a*M40t the -suni ................... .�A ,hiaa�d� x s ixt� i c--- -z - 2, 961, o�Q ca ani 5eve �r . 6urselves, Qur'Yteii k.. execulxr,elf ;;otrditc Abe .� ire.0 v�amc�+ �, ,,,,; ,,P i1r Aes�m�f with the,foregoxng contxact r--------- June ... D 24. ; . 'void,.ot4kwiir ` extd the time for l v. . exterstenl mot:_ r tjs on Ou s bond. • ret.sn orid, d the{ e t be elclea*pansible for the t► ,r, sr• a he emenf tfc t 3 3 i} llow; bi d arty, but such sureties e e�• ,ppnslble r e ft° #ul is rae conelitions,.g ivuiations and tequiremehts 5 covered��iy - r yet 1Wtt'in *be tontrL,7t. ,. ••. ,• . , •, • a NEW •---•:-:LL IO TT ..+..:....«_�:... a �..�� ..... ....;_ ,..- .._ ...__ . _day of.� June The a b.on4- aroved �.... _ .�__.:. • "`- TO Em R file. Works. PUBLIC IMPROVEMENT CONTRACT. This Agreement made and entered: into this 16th. day of .June 192e. by and betw,en Joseph Luther of the County of St. Joseph and State of Indiana, (hereinafter referred to as the.* Contractor"), and the City of South Bend, in the County of St. Joseph, fnd State of Indiana, by and through its Board of Public WorkV ( hereinafter referred to as the " City"), under nd by virtue of an Act of the --en- eral Assembly of the State of Indiana, entitled'" An Act Cneerning Municipal Cor- porations, " approved March 61,1905,' and all amendatory and supplemental acts thereto Witnesseth, that the contract covenants and agrees to construct pipe sewer in and along Vassar Avenue from Allen Ptreet to. 30 feet east of the east line of the lst. alley east of Alien Street, in tie City of South Bend,. Indiana at and for the following prices:.. 208 lin. feet of 10 inch pipe sewer, per lin ft........ 4.55 32 lin. feet of 8 inch pipe 3ewer, per lin ft........ 1.25 98 . l in. feet of 6 inch pipe s wer, per lin ft......... 1.50 8 lin feet of manholes, per lin ft....i.............15.00 2 storm water grates, each..- ........................15.00 manhole curbs and cover, esch......................30.00 «d to periorm all worts in the prosecution W said Improvement under -and accordial; to the terms all e; ;,; diti.ons of Improvement Resolution h+o- ______-. _ 1........... a ' Works April 2891926 and the plans, profile and specifications on file the office of the DepaB_-tm?� of Pulli Works, wh ch s. ;' resolution, plans, profile and specificatkns are made a part h reof as fully and effectually as if copied a,1ci set out herein at .full length. he contractor further e::pressiv covenants and agrees that in the prosecution of said work atl proper skill a-d care '1 be e,.-.ercised; that he --•:' ,.-on ;. d p. o s all exca✓a ions and dangerous places, and -,>>1 use all due a. d proper precautio to pr��c_a in;ury +� , :'•'v person or k -'tv; that �.� -b, e,� �f any injury or damage resulting from t'- wn.': or resilltipo, frrm a- mi +P y _t__r or thing conn�^ted therewi`h or arising therefrom, to any person or uroperty, he �- 11 nay arIi liquidate the same at his ov.rn expense, and as- sume the liability thereier; and in the event of any chin or claims being made or any action or aet;ons bs=:!g brought against the city by reason or on account of or growi ig out of sn. d work or its construction, tl e s� , contractor will at his own expense defend the same, and will pay any judgment recovered therein, and uni it in all respects fully in&--trinify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or, claims, action or actions. A❑d f Within ten days after any such action is begun, the city shall notify the contractor of tl?e pendt-_cy ther--f, thon any judgment rendered against the city shall be conclvsi �e against the contractor and against the surety an his construction bored, as to tl, I- amount, liability and other'rna.tiers pertaining thereto, _ .. :.7 693 'e�' t�;<,. •'f�'�fi �i°.�•i5� Y'. .'.;. f�. �' ➢S" a •+.,. i::l w 7-1a1 e sut�h ffir.jda3rS a,$ ,clay be necessary { pful'od Roo lit+ 04 fnd771i X 2"$ f.xed lsy tl:. Ste! n a a"_so;3s; and to sGCk:i% �^t aieZti4k#Gt 44 -ggir thereof to lc' with t1w Bopril of Public Works a bond 1,sth sufficient surety th. ereozl, aatzd in U� atzzouzzt �R €zz�ed by the rf,. fif "tion , And in. doing gu.ch. rcpair work. the contractor and the surety on his 1�pt}d ali01 he 0000.to the Aal", e fiaNlity to the city and any other person' for any injury or datkkage to any or pvq- r' ly inthe same, rn.a.rtner and to the same extent as is fixed in the last prccceking paragraph rovorlpg tlw ctkn- . mictiolt work, : A-rd it is fvrt.h.er agreed by and be-twectn said parties that the acceptance of the v.-w'k 1&o 4Wd 1",+ itt V t:i rsi 1iCk+et, or the payrnetlt thcr of, shall not constitute a waiver oa the p, of thtl clay ti..tifiy'of #` tt pir;ti:t-- Mj,s Af this co tract, r shall it rs-,lea:;e said contractor or the stii,eties on his bond for the fai'thkA 15:i .tt. P.na i thereof; nor shall the aceeptatice be prima, facie evid-nce of the porforalailue of tiny pt"o+tlsittil of t;!.'i corltiyt, except tka the, extent of entitling the contractor to the contract price therefor. . 'ohs contrac^ or agrees to pd} for all labor and materials iised or furnished to be ttsed itl the -lti ildi H f11 &uch Improveta ont and in the performance of this contract, whether done or furbished .for hitit, Of liig Hgoi:l, roatlgilee, successor or s.ubcontractor; and the city may reserve out of etly allowaiice blade bit Iffly 1tl favor of tt o eontraetor or nssigns, or out of the graouti.t due him or his azsigas upon fhe eoiiiphvtl(+a:t of tho wont, so much as me., cessary to pry all tabore s or material men 40r-4motints. elite thei:t for . 0rk done Qr inatoriala mst (A oa Arnished to be, used irf the perforw tip ice of this coijtf'itot alid tlid Etubw (if *sitl'wgrt, And lht izoiwty t2 2,itri`F, cF.z:Sg as city tre�tSi�rt-r, ray, rc:talfl 10ofit;y E(Ji;:tEri f1:0111 lii`ol3=s'ty ta�i�tie v CA aRt'd for said improv4i::tent to l r �fs,-'_S or £ �l t'-"G C %t>1' f`'!;�'/li tl£`at tficy Mom 11, 1=girl or gym,' .�'fA - - l?ie ct);'.t"`a -off € 'e�s to relil0` all rU}SJ?Sll, earth, and Unused riatbrial in the streets.or side till :`i:w t.gwn the completion of the improvement or the repairing thereof. . The wovk of -making stick improvement shall be completed according to Ithe terms of this contract on ore beforethe ............................................. ................................................... day of------------------- -- ---- --------- ----- _ --------_f-- 19 --- unless' the Iitfe`fbf tiie'cof4,%prefi6n of the Wr p shall be extended in wrlti-tg by the Board of Public Works. And pit is Agreed thAt any, such e'eteinsion.of tisie, or. anyalterviionrof this contract or of the manner or meth - ad of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties,• .,...<.,.... 1t is agree that the contractor shall not assign, thls.cnjttryct„or sub -let the work or any part thereof to be done fieret:znder, wtth6,4 the ' rtt •en cr" of the Board of Public Works. It is .furtker•agreed aitd tT�'* +'z 3• contractor skail-give to residents of said city and cottnty preference in the employm°ant of all labor necessary in the perforinance of this contract, and failing to do so, s1%11' forfeit 't� tile' city' tli d saris of len dollars for each failure to observe this stipulation. And upon the performance of all the ternis and con ditions` of this contract, and things to be done attd performed by said contractor the said city agrees to cause the cost cf doing such work to be assessed, col lected and paid to' satd eohfrf.ct(5r'ifi the manner fixed by the statute governing the making of such improve- F-netxts. To each of the conditions and stipulations of this contract, including all and singular the provisions i! ci Sri.;s of the plays, profile, specifications and resolution afc_t_,:tid, the undersigned binds himself or id the, respective successor or assi,:r.s of such parties. ' In Testimony Whereof,, We. the foregoing named parties, hereunto set our hands this 1 th. day of June � 1920. i CITY OF SOUTH BEND, INDIfANA. JOE LUTHER, Bz HARVEY F. ROSTISER Contrsbbpr. JOHN F DEHAVEN Its Board of Pub 1 io Works 1 a Mo FROM by gme presents. That we----------- J of tho County of.: -- ----- ------------- _, Sta pl, and uefAy---e empa of tho County ... J."Wph-------------------------- %a suroles, are hold and firinly bound to the City of Sout'. S ix hundred _and f My ggtyen fqr the payment of which, well and truly to be made, i 'e eetrtt®ra adminstrators and assigns firmly.by these v. BOND . enh A. Luther end Stag ®f......._.Ind ina ................. Bend, Indiana,, 4u the hint Of:_._ - _.._... .,........,.. ;jointly afid�§avefa11y bif att€i%57�� Ji The 9anditiiiotus of the obligation are such that if the a 'fie lighted::.::.,........ : Ode_3z+,i--Lllfi P-------------•------------------ shall tatthfuliy comply WiT tie 1=orr; tV ti "t3 1t ^t day of--------------- -- -- 19 ---.. .made and entered Into the_________________ ____1e�th - - tT�xne---3:: �{{-��--: - " - -� - -•- -- with the City of South Berd, Indiana, and shall fulfill alto the conditions and st�f - a ions therein contained, according to the true intent nnea�ling thereof, in all lesvects, then this obligation. to be void,. otherwisthe time for the e , to be and remain in fall force and virtue to law. In the eve:__ he said City shall extend completion of said work, such extension shall riot in any ivay release the sureties on this bond. es;on the same shall not be held responsible for the This shall be a construction bond, and the suret maintenance and repair of the improvement after it has ljeen accepted by the second party, but such sureties compliance ill other con:;tio . , stipulations and requirements shall be held responsible for the fait' `ul comp covered by or set out in the contract. WITNTS our handy and seals this ....... +h.•.... d y �. e-1+924� .." ." " ' ....«....,«....................._..:.. - (SEAL) — - - - - BY (SEAL) -`•_.0 _.....,...««.....................•----.....--------•----------- - - - •« The above bond approved this ------------ . NE..:...............dsy ol',=,., HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works. i Tuesday June 22nd. PUBSIC IMPROVEMENT CONTRACT, This Agreement, Made and entered into this, 1 th. day of June 1920. by and b&tween The White Construction Company of the County of Milwaukee, and Stag of Wisconsin, (hereinafter referred to as the " Contractor"), and the C it 3r;of , South Bend, in the County of St.Joseph, and State of Indiana, by and thr cugh .ito Board of Pu Blic 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 Mun is i--pa,1 Corporations, ", approved March 6,1905., and all amendatory and su;�ple- mental acts thereto: - Witnesseth, that the contractor covenants and agrees to construct pavement on Kline Street from Calvert Street to Lincoln Way East and Calvert Street from Kline Street to Leer Street, in the City of South Bed, Indiana at and for the following, prices: s 325 l in. feet of curbing per l in ft ......... , . , t ........... %5 3013 cu. yds. f grading per cu. yd. .....................1.2-5 24 storm grates, each....., ........: ....... ........ l�i,QO 702 1 in. feet of 8 . inch o ondu it p ip e, - p r fn ft .......... 1. 2.5 4 30 inlets reset, each .....:.......:............'........... 3.00 8 manholes reset, each .......... . .....................:.. 3.00 480 ,lin. feet of marginal curb perlin ft....... . . . ......... .40 10246 sq.. yds..: of Trinidad Lake Sheet Asphalt pavement per-sq. yd. ........:.... 4.07 and to Ferfprin all, work in the prosecution: said ivagroveinrqt under and=•accordfi to; theternts aril Con- ditions of Improvement Resolrltion NO. w%�� __.___. , ado�tedlb� the BsaArd •vf'Public 'Wor> s. .ilk h, 1920 gnd the plans,profile and `s ie itications on file i-i flee offiice-tsf tine bepa.rtment of Public Works��i i.�c{ti said iesolution,.ptans,:profile-arid. specifseatii®n§ are made a part hereof as fully and<effectuallg as if copied -.anal, get out herein at full length. The contractor further expressly covenants and agrees that.in the prosecution of said work all proper skill and care � .ri?l be exercised; t1: , ke :- :11 p-op �� a d Yo`^ct all excavations and danger'itis places, and «vill use all due and proper.prec.a-ition to pr v--It,injury to jay person or p-o :erty; that in t1Te ev I,It Qf any injury or damage resulting from the w-)r': or resul_v- Iror", A-y matter or-thi:ig connected the.reivs#'h or arising therefrom, to any per5^n or property, Ire v 411 r,- y ar i110--date the ssme at his own expense, and'as ,8urne the liaWlity'therefor; and in. the. event of any-cAim or clams bfIng mane or any action or actions hzir.g brought against thexcity by reason or on account of or.growin out of s-id work or its construction, th� s9; contractor will at his own -expense defend the same, and Nvili pa any judgment reeovered therein, and will in all respects fully inc:•:mnifyndsaveat m1eSs Tsai d city, its o��ers, agents or representatives from ;all.. cost, expense, payment or judgment recovered in connection with such claim -or claims, action or actions:- ..,4nd f within ten days. after.an ,srae actionis4begun,the city shall notify the contractor of the pendency;ther-of, thol kay judgment xretidei d against the city shall be .ponclrsive against the contractor and against,the surety an his oaristt faction bond, as .to-tk1 a,m©unt, Jiability and other.. -atters pertaining thereto, ¢'.ri t ebr.t actor a xeagsv� =2ixt6a sa-d irk rotcrrierct' ,ro rime such Fe airs as may `�� ices . iW m4 fn4he ssaazer as fi by the a i a=sore to set -are ;tit- n lit au � : d- it ere. to i Oft-04 Smid. of Public �Vorirs a. bon ri ith =Mcieaat urtty thereon► RrA its nit a AmAt �a: � t i�ietpAlons, -And in "ng such repair w•ork. the cmimctor and 1lhe.,surety`on.hla Ituaravitee bond eh l #Ub)eet -to the sarne liability to the'city, and any otbe-r `person # r a" injury or dam&p to eny per- ka or, plop'£ erty fe the same,manner and to the same extent as is fixed in _ e cast preceding paragraph co4erltnk, the e61%a R'li'bafenwork, __ ______________y______ is . And it is further agreed by and between said parties that Ithe aceepta►ikuto of 04w%ork provided for In tide Am"fPeCt, or the payment thereof, shall not constitute a waiver o;, the part of the city of any of the rovi lof to of this Contract, nor shall it release said contractor or the sureties. on his bond for the faithful pis too i,1t ef1ge thereof; nor shall the acceptance be prima facie evide ce of the perfortutuice of any provialon of tlik feudrAct, except to the extent of entitling the contractor t0 the contract price therefor, The Contractor agrees to pay for all labor and materials psed or furnished to be used In the ma iaN of such Improvement and ih the performance of this contract, whether done or furnished for him, or his 111retit, alseigna0, successor or subcontractor; and the city may resere out of any allowaiied made um any estjlflate in favor of the Contractor or 1.,- assigns, or out of the amou t due` -him or his assign# upau the etmpletion of.the work; so much. as ma} -:cessary to pay all -laborers or sxmateriai sties: for mounts du` thard tat work done or :materials used-• or furnished to be used in thi performance of this Costtnot stid the dpfuX of said work, and the county treasurer, acting as city treasurer, may retalts ftmontX oolleeted bum proper av acm assessed for said improvement to pay such debts or i nt l the wntr"tbY ihowe that they hivo We% pMd or *abased U. to remo- all rv9'�rsh,rearth, and .sed material inthe streets ..xpon the coir_pletinn of the impro,Tem^ ct or the repairing th reof, The work of ifiraking s»ch improvement shall be completed according to the terms of this. contract on or beforethe-- - - -------•----------------------------------dav bf ---................ 6..................... ................... . ..... 19......... uni.ess the time ,for the completion of the sane shall be extended in writi::g by the Board of l?+akilic.`Worl.s, And it is agreed that any such -extension of time, or any, alter ,.ion of this ccn*tact or of the�ni nanner or eth- od of doing such work shall in no way affect the ditties; obligations or liabilities of the contractor arjas sure. ties: It, is agreed that the contractor shall not assign this contact, or sub -let the work or any part_ thereof to be done :hereunder, wkhoL t the w r it,:en cons it of the,.Board of Public Works. it is further agreed and stipul^ a _ed that �� contractor all give to residents_ of said city -and- county preference- in the employment. of _ all labor necessary in the performance of this contract, -and failing to do so, shall forfeit .to the city- the sum of ten dollars for each failure to observe this stipulation. And. upon the performance of a11, the terms and conditions of this contract, and thing�� to be done and performed by said contractor the said city ages to cause the cost of doing such work to be. assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of.such improve. meets. To each of the conditions and stipulations of this contract, including,_ all and, singular the provisions and terms of the ylans, profiled specifications and resolution -aforesaid,_ the:. undersigned binds himself: or itself, and the..;resi;ective saiccessor or assigns of such parties, I n Tes t imont Whereof, We, the foregoing named, part ies , hereunto set our hands this 22 nd . day of June 1.92 0 . CITY OF SOUTH BEND, INDIABA THE WHILE CONSTRUCTION CO. BY HARVEY F. ROST19ER 11• E. WHITE, Pres. & Trews., JOHN F . DEHAVEN C ontrac t or. Its B oard of Pub 1 is Works. CONSTRUCTION 13OND Knovr 01 roes by these emits, . That: we............. ... Thy __ Wh itq -C onss true t io21_-_C..-0pp0,ny._. --- ss ref the pCountyf-_:MlaSt ate of_-:---Wisc-ons_im. ...........as'princia aland -,AAl_:_C:�.f�+ a,.l�.3t---�_Qi�.pe,my.__B�a_lt_1M0-ct_s--. • ---- 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...:.. Twenty three Thousand s_31c__hundrGd__anci_ .:"�t'#�y_-------- .Dollars ($23* 40.00, for the payment of which, well and -truly to be made, we .jointly and severally bind ourselves, our heirs, executors, adminstrators and assigns, firmly by:these presents. The conditions of the obligation are such that if the 'above named ........................... _....... _....... .-. The Wh ite C ors tr uc t ion C o-.,___-shall faithfully comply with' the forego sag coat; a,et, ------------------------------------------ made and entered into the ___-_-----14-t.h--------------- - ----- day of ------------------- ...... J.1 .e__--1.92A-.... ....................... 19......... . with the City of South Der-d, indianp, and shall fulfill al" tb.e conditions and stipulations therein contained, according to the true intent an -nea�iing thereof, in all respects, then this obligation to be void, otherwise to be and remain in fn11 force and virtue in law. In the eve.: 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 constructon bond*;- and the, sate= es` 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 responsible for the .fait'-{ul con pH,4,nc.. vrith all gt':_er stim lations and regtiirem(� .Its covered by or set out in the co,traot. WITNr` our hands and seals this.:. day of..... ... i4t; •--- y l.p.�....µ... -.. ...... Y NI?._ CAU UA LU- C :gk'AY(SEAL) T--W9-I...C4.II T ION , .,0„p r-� I M Br_. M. E. WHITE, Pres & Tre >' ---........................EMI t..ornaL t_._ in---fac_t=,(SEAL) ....,,,.. ., The above bond approved this------------22rui_,------ -------da.y of_,...:-. ....sTft,il,G..192.0..-., 19_ $LIS.T.73Eg---------------------------- ------- JOHN F . DEHAVEN _ ,......... �.................------------ -------- ------------ --- Boa-rd of .Public ti"torlis. 1 *PUBLIC, IMPROVEMENT C ONTRAc t This Agraemept; Made, and entered into this 22nd day of June 1920. by and between Wm. H.Burke - of the County of St. Joseph and State of Indiana (Hera in- after referred to as the " Contractor".). and the City of South Bend, in the County of e St, Joseph, and State of Indiana, by and through its Board of --Public Works,(hereinafter ref -rred t o as the " City"), under and by v irtue of an Act of the anaral Assembly of the State of Indiana, ent it led " An Act Concerning Mun is ipal Corporations,, approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees -,to construct water connections on Cleveland Avenue from Lincoln Way West to Diamond Avenue in the City of South Bend, Indiana at and for t hef o ll owing pr is as: -- . 215 3,ap .on .ahor•t side=, each-,','... . ... . . .... 20.95 ..1,5, aps..on .lox& s•3,da., each.... .........:. 26.98 dux to perform all work in the prosecution of said improvenfe I t under and aecordi ;. to the terttis ar,.a • ditions of Im rovewent Resoltttion N9.._.._785 _._._._, adopted! by the Bcard of Public Works M8, 1. tt1° ] 97Q P - _ and the plans, profile a.nd specifics+ions on file in- the office of the Depa. tment. of Pu!)Hc Works 1^ sa? -resolution, plans, profile and specifications are made a; part, hereof as fully and effeciu '11y as "if copied and set out herein at full length. :: r--e contractor further expressly covenants and" agrees that in the prosecution of said work all proper ' skill ar,d care - ill. be exercised; th he - r:1 prong 'i ^� a-d p n`^ct all excavations .and dangerous places, and �-7i'1 use a-*t d�u:e: and proper prccal Lion to prevent injury to any person or prc ;arty• that. i-i the even t ,C any injury or damage resulting from the w-)rk or resulting front an_y m tter or thing Conn �:ted therewi,h o arising therefrom, t6,any person or property, he v>;lI pay and lie=,iidate the same. at his own expense;' ar.d as-.. sume the liability therefor; and1n the event of any claim or claims being made or any action cir actions brcnght against the city by reason or on account of or growing out of said work or its construction, r.e said contractor will at his own expense defend the same, and"will-.pay any jud, grit recovered therein, and w. l in all respects- fully in6t_mnify and save harmless said city, its officers, agents or. representatives fro all cost, expense, payment or judgment recovered in connection with,such claim -or cfi6s, action or actions. And. f within ten days after any sudi acboais begun, the 'city shall notify the contractor of the,penriency therI-)f, thin any judgment rendered against the city: shall be conclusive against'the,contractor and against the: surety on his constriiction bcirid,,as to th- aniount*.liabiliLy, and others matters pert a ping thereto. sti&Y June 22nA - 1920 nont inged Of 0 t spa tss, �, the ul_t , � - At Alf �: � �� �� �ti ��er � tl'ie ceu3t+�tor air$ s �+ � � � f A r -0 14T to � sty A d any other persbu fQr -any i� ��� fhb #040.a t as is fixed in the last preceding t'ao,101t.�0�b�1'A1.% M6*.: Oil . #O it, M tWbor spoil by And ltcfwaen slid parties tl:.at the € c .c'1si< �i�:�� the <� jai` i 1 i 1 iti 111�.. 1('ll1h1h =Riff sfi fl'vrp�fi lh-41 not eongtitute a waiver on the p%ft of lhgc t'it'y d alit' tat the f,liA fj � :tliltl f� #iftf' � # 11 1 na1� i Bald. rf>,t,rr^*^; or tr;e sttr'eeics tJtI his, L 1 trit` tl e Uilltfli j3 t lita.;t , tlu all t1w It*q7@l3i w—,0 l -. •.arljna facie evidence' of the is iloi;rtelle -� tip 1my-VtOA ltli f1 tlllh # 1i +i l l;f fl KC1 it to 1 � F-liftnt o p'ititj;ln & contractor to the contract price tlii ef4 f; 1 fis+ll i lilf !" � Ip for 411 abor and materials used or fui idglv4 to tie tl§cd ltt & ittditlff . tl 1+€141 4i,�1't w"411f#0 pill 1tt. t4fo �1' i'i"lutieo of this contract, i:.-'.aeth�r done, dr ft f tilsl��d t€ €tt, A li kpdttti 1 11ftl i llt� , � 41 tiE 401wtmow i #.Ad the city may resex-ve out of airy 0,110Wr0k—;6 filfi e w Nfty .C-A m4 +6 1i tRi � 46'i i tt ' P i'i a444k% or ont of the...u�oaixt dui. him OT h4 &4,4g fg itporf 06 601tly I&I 3 P Eiti � �i to p;y 0t lahcrers or i}-at.eri ;� tprert. f fitr 6tf�4# dilg detrt i.6f kAT V kY AAp 4 1 F4 11A sw-SS imi i 4 IQ, to wmd ia tLc'Vcfiffx , 6 olf fl,ts; eoi taci ird 1h,'y d64iir �i1i11 tri} it'd kR kV, tt tt ,:,�+ ., `� xt Y r�F', f_:wf tE <1rt s` C CCsf �eiil':irdt5 ftf t:L'C` $ktr`� I"* k\ sE�:'-< 5' 4 �.... fr' i 4f l . f r tl,t L)aeYIV�`Ct 7Y' t5<. ,43y fS.T„L -612 sk.i i- "LCllat,in the st%e'•:;ts C .4.. ...> .._.. etion of the i e. uponTheworkof maliir.� sgich sinproverrient sl alf fze }ti Ada coi?'ding"ttS�'the t r its of- co,i: y t ract on or 1 +-fore the dau of = 19, w .unless the time for the co'r pletion of the sa:r-e shaY%'be ext ncled to unit° ,g by the Board of Pu�jc Works. And it is agreed that any such ext i�t__-i,on of tim—, or any this contract or of the hinrier or nipth- oil of doing such work shall in -too way affect the duo s, oliLg tions or"bilities of the. contractor or his'sure- ties. It• is agreed that the contractor F,ball not assign::kktis'cc Ttraict; or`sub-let the work or any part thci to be done hereunder, wi�ho;lt the z, r{'en co, nt cUitha Board caf. Pi+11i_c Works. Itis further agreed a itr' -d that c� roc or shall give to residents of said ci+v 'and u.T , Preference in the employrr nt of ait labor iecAssary in the perforitiance of il'is contract, and failing �l' ha11 "forfeit to the city tha,snz of ren,deh_ars;for each failrzre to' observe this stipulation. ..And upon fhe 'performgrc� of all tl e ti,,�-r ms and cordi`tio=•is •of this contract, and things to be' d ,: a; i performer) by;said cor ii=actor -the said., city agre es do cat_`e- thecost ci doing such wort, to"be as1;sss d lected tint) paid to said contractor in the rr.a_rr er Fz:rd'd by the statute�gbverni:g the making of such; in p o ter en ts. To etch of,the conditic q and stipuhp,icns of this conrtraTt, includ.ji-'all singular tphe prv;isio ti s;=iS oft ;e 1 }a- s, prof le e >�at ons and resolution slfcr. ds h1 , . ;f' rz ; and of c. In Testimony,Whgreof, we, the foregoing named parties, hereunto set our hands this 22nd-., day of June i920. WM. H. BURKE CITY OF SOUTH BEND, INDIANA.• Contractor. BY HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this . 22nd. day of June 1920 by and between Wm. H. Burke of the County of St. Joseph and State of Indiana ( Hereinafter referred to as the " Contractor"),, and th City .of South - Bend, ' in the County of St. Joseph, and State of Indiana, by and through its Board of Public -Works, ( hereinafter referred to as - tha City"), under and by virtue of an Act, of : the _ general :.Assembly of the, State o Ird iana, en itled " An.'Act Cone .c ern ing Mutt is ipal- C orporat ions, " approved March 6,19051 and all amendatory and supplemental acts -thereto:.- Witnesseth, that the c-ontractolr .:ovenants and agrees -to constri:' water connections oil Calvert Street -from Michigaim Street to High -Street, in the City of South Bend, Indiana at and for- the follo irigpr ices:- ` 3 taps ®n the short Aide.: -eachL ................... $ 20.95 � l ta°p on the long .s.ide,, each .. ..............:.... 26.98 io }r isrti all wor`,- .re pro,ecutton said Improvement under and aecatdic� to the *,trms.,_ a *ores Q Improvement `R+esolutinri Ivo:....... 81 _----- adopted t�y the Br4rd of Publie Works..Ay..&_ Lq*.l q20 e i� the p}ans, profile a�1 specifica*ions on file "e the Xce.of the Department of Public .Wu€k%wblcfi saiF` t�$416-ti I- plar-s; nrofil.a and spticifii cations are trade a part here f as. fu11y and effectually as if, copied . and got otlt:hefei+i at full length. - contractor further expressly covenants and agrees that in the prosecution .of said work all`proper �` laces, ski11 ai:>i care ---`I be ecercisel; ths� he =:�il propp - �'.,' _ �-c' all eizcava� ions. and dan g rous P and —;'I use all due and proper precaution to prevent iniu~y to. ,,iy person -or ire- arty tnit+ry or damv.ge resulting from -the wort: or resulting from a- matter or tErw c_onnr ,- cd th_re�v: or arising- therefrom, to anyperson or property, he w;ll pay and liquidate the 5an_.e at- his owm same the liability there€ar,and in the event of any claim or claims being made`or any action:cx actions b s bro_,ght against. the city by reason or on- account of or growingaout of s� d oik or its construrtion,;t S :'' contractor- will at his own expense defend the -same, and willpayIany iodgment`recovered therein, and. ." i:; all, respects fully inc:`_•mnify and save -harmless said city, .its ofiic rs,•agents or-reuresentatives from a?? cry. y epense, paymeirt or judgttaent. recovered in connection with su0 claim or claims, action or actions. A I f within ten days after. any. such actioti is begun, the city shall notify the contractor of toe pen l cv thr L then any judgment rendered against the city 'hall be conclusive against the contractor and against the sut ty on his construction bond, as to th- amount, habiiity and other matters gt rtaining thereto. Tuesday June 22nd . ,1,2 0. Continued,,. And ti_e col...L,-.or a,�,r;.e>s to r;. :a^ s. _d the.period and�in the mariner as fixed by the snFci`ira_ ons, and to scc-..c. :-:e i ^-1tcnaiAce a:. ; i l ..r to -file with t''Boar& of Public Works a bond `,;th sufficient surety thereon: and i an amount as F,.ed b apectfieations. And .in doing such repair work the contractor and the surety ore hi'S uara-Intee bo—d sf.^'l b subjeet to the sar-e liability'to the city and any ocher person for any Jnjs.ry or dar..c:.Ae to any per., or p"O;: e ty in'the same manner and to the same extent as is fixed in the last precedi, ; paragraph covcAi g the c e struction wor'lc.' And it is further agreed by and between said parties that the acceptaf,ce of the wot"ic provided for in t Onitract; or the payment thereof, slrtll rot constitute a waiver on the�plrt of the city of any of t1he ibis of ihis contract, nor shall it rel a,,e said contractor or the sureties on, his bond for the faithful per fc -_ atice thereof; -nor shali the acceptance be prima facie evidence of the performance of any provision of tj 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 o+ such improvemerot and in the performance of this contract, whether alone or furnished for him, or his agei-A, assignee, successor or subcontractor;'and the city may, reserve out ,of any allowance made on any estimate in ;favor of the contractor or ' aLssigiis, or out of the amount due him or his assigns upon the completion of the work, so much 'is ma- cessary to pay all laborers or material -men for amounts due thein for Mork done or materials usea c; arnished to be used in the performance of this contract and the doing of sill wort>, and'the icc.anxv t u;..rer, acting as city treasurer, 'tnay retain money collected from property olwners assessed.for said improvement to pay such debts or uuiTil the contractor sh®ws that they h?.vEe l ten p ,d or sat4sf ed >,e co..t'a a or zg. ees to rei:3o e, al earth., earth, and. nnusi�d. mateiis.l, itothe str�-.etv or sides thero-at Op —on the completion •f the improvementor the, repairing, thereof. _ he work of m�kingrst+ch 3tt c3vement shall be compiefedi accoiding f6,the iefl-ng'd&ihfs'contract one or 6eiore the ..---- ----- ------ ilav vf------------ ........................- ---- 19---- unle sthe time for the completion of the sar^:e shall "be exterded in writi :g by the Board of Public Worts. 41rd it'is agreed.that haany, such extension o'f.time„or any alteration of this contract or of the manner or meth- od of doing such work shalt -in no affect the duties, obligations of liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this contract, or sub41t the work' -or any part thereof'to e done hereunder, withoc°t the Nvrit, en co. -. _nt of the Board of Pi:hlic' Works. It- is further agreed a .cl s :multi d th1tt contractor shall hmive to ; residents 'of said, city and cout,ty f erence in the emp'-oym'�'nt of sil labor . �cessary in the perforance'of this contract, and failing to do i' forfeit to the city, the s m. of ten dollars for each failure to observe' this stipulation. And upon tlTe performanc_ of ail the terms and conditions .of this, contract, and things to be d—ia ' �serformed by -said con-Lractor the said city agrees to cause' the cost --of, doing such wori,- to °be ass ess-d leete4 s�nfl paid to said contractor in: the manner filed by. the statutg: governing the- making of such impro . men-ts. •'f'p.each� if t�c.,conditions and stip:ulationsiof this contrast; incluAing,all and sanzular the provisions r.i t erms of the plans, profile; specifications of d resolution: aforesaid.. the- undersigni-I binds himself or ?f x, d thq ;respective successor or assi�T-' _ � of so(-h . i i •." des. In Test imony inhere of, we the" fire going named part ies, hereunto set our hilids this 22 nd . day of June 1920. C ITY OF S UJTH BEND, IND TANA . WM . H. BURKE BX' HARVEY F. RC>STBER Contractdt►, JOHN F . DE HAVEN .Its B card of Pub 1 is W oaks . Concerning the improvement of the roadway of the alley aast of Mic hig,n Street from Sample Street to Tutt Street with as phalt, as palt io concrete, b it ulith is , c oncra to or br is k, purs uance t o a ras olut ion N o. 711 the Board f inds that no pat it ion has been f iled with said Board by a majority in number of the freeholders res i;d ing on sa id street to be improved "request ing that .it be improved with a dtiffevent kind of pavement that the kind heretofore adopted by the. Board in its -preliminary order; and the City Eng inacr re parts that the Hoban & Roach is the lowest and best bidder for the kind of pavement herd of ore adopted, by the Board . and the Board f ind that the said Hoban & RoaQ4 is the lowest and bast bidder and hereby lets the said contract for said improvelment to him, and orders that said improvement be made with concrete and all proceedings heretofore had in this matter are hereby c onf armed and ratified. '98 Tu&achy junob P2nd 197t1_ Continued The following claims were approved by the Board. Labor. Pub. Co. $10.50 Street & Alley Dept. payroll 2,440.86 J. P. Creed 26.38 Elea. Service Co. 1.20 Engineering Dept . payroll 613.50 Garbage Dept.,' 612.60 Street Repair De ot. , 222.15 Fred W. Neeley Co. 4.50 Frederick Post Co. 1.88 Ind. & Mic h. Elea. Co. 59236.40 Robertson Bros. 38.50 - City Water Works. 1.51 So. Bend Chilled Plow Works. 107.34 Standard Oil Company 21,88 Bunch Sign Ce. 1.50 South Bend Supply Co. .70 John B. Haberle 12.00 Avenue Shoeing Shop 4.50 F. C. Reimold Co. 5.60 So. Bend Spring Wagon & Carriage Co. 14.75 Ind Bell Tel. Co. 22.78 H L. Loehr Dec. Co. 1.30 �..R. Kinney Co. 15.92 Hinkle Motor .Car Co. .65 Herr & Herr __Co.; 3.00 ,iaf ill Oil Co. 46.75 Alex H. Creutzberg 10.50 ,. Northern Indiana Abstract Co. 5.70 Hinkle Motor Car Co. 36. 00 Tribune Printing Co. i 245.08 i i i 3 Vice Pres idea `