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HomeMy WebLinkAbout06/23/1920 Board of Public Works Minutes�dnesdavJune ?Ard _ _ 1cP n_ n. Board net in regular session at 7: 15 P.M. H. F. Rostiser absent. Hear Ing ,had on res olut ion for the pavemnt on NaPhers on: Street from Thomas Street t o Div is ion Street, under Impr ovement Res olut ion No. 788. In the C ity of S out h Band,, Ind is rya , Upon said hearing remonstrators appeared and a written remonstrance was filed. The Board after due consideration dec:Led to sustain said written remora- s trance and rese inded a 1.1 act ion on sa id res olut ion. Hear ing had on res glut ion for pavement on Frances Street from Cedar Street to St. Joseph River, under Improvement R'es olut ion N.O. 759. In the City of S out h Bend, Indiana". In the above matter a re monstrana a,. was, filed, no. remonstrators present. A number of pat it inners for the improvement appeared and reques-ted that this improvement b.e_, put, in this_ year. The. Board dec ided ,to defer -all action on said res olut ion. unt-il Wednesday June .38th. ,1920 at 7:15- P.M. The C ity; Eng loser to check over remonstrance a.nd file report, by that time. _ Hear ing had on res olut ion for pavement: on, Church: Place from La Salle Avenue to alley south, under Impr ovement Res clot ian'No 790---in the City of South Bend. Ind iana:. Upon sa idhear ing no remonstrators appeared and no written remon- strance was f ilad., And the Board be ing fully advised in the premises, dec ides that the benefits to property assessed for said improvements are equal to the estimated cost of the sme , as reported by the C ity C iv it Eng inear, and thereupon takes f ina1 aet ion on said res olut ion as or ig ina lly ad opted, and the same is hereby in all things , .`rat i- f ied, c onf irmed and approved. Resolved further, that notices be published on the lst. day of July 1920 and on the 8th. day of July 1920. in the South Bend Daily Tr ibun e a news - paper of general circulation in said City, stating that this Board wllirece ive bids for the construction of said improvements to 10:00 A.M. on the 20th. day of July 1920. The Board reserves the right to reject any and all b ids . The f ollow ing c ommun icat ion was race ived, read and placed on f ile and referred to -the Water Department. Board of Public Works, South Bend, Ind Tana. Gentlemen: - In the course° of •a, conversation with Mr. Rostiser of your Board I informed him that we hoped to be able to start the work of double tracking South Michigan Street immediately after the 4th. day of July. i I explained to Mr. Rostiser when this work was started it would mean the throwin3 over of our present track to make room for the double track and that consequently we Mould be unable to haul heavy coal over this stret6h of track for the water works jI am writing.: -to giveyou this advance information in order thkt you may protect yourself on your coal requirements for the Water storks prior to the t ime we start the work. - Yours very' truly, R:"R: SMITH General Manager, Partial estimate allowed Louis Ze iger Contractor on Duba it Avenue grade, curb and walk at...............................j...........................92�.5� Es t ims,t ad c os is f it ad by Eng in eer . Resurfacing o Wayne Street pavement from E. Line of St. Joseph Street to East line of Lafayette Blvd. at ........ .....;.......................... .$ 219112900 Resurfacing of Hudson Avenue from Portage Avenue to Riverside Drive at, .....$ 109054.00 Pavement on Bowman Street from Michigan Street to Rush Street at.$33,660.00 Pavement on Diamond Avenue from Lincoln Way [hest to the north line of Cushing's Addition at., ............ $15,,220.00 e • guarantee band signed , by Hoban & Roach as principal and American Surety Company of New York•as .surety For the sum of ($4760.00) in guarantee for Construction od trunk sewer in and along McKinley :Avenue, -Cedar Street, Miner Street, S ommer Street Arthur Street and Walsh. Street $ob# known as East Madisgn Street Trunk sewer System for a period of three years was approved by the Hoard. The following resolution adopted by the Board. STREET OR ALLEY.LMPROVEMENT RESOLUTION NO. 803. BE IT RESOLVED BY T_HE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND STI JOSEPH COUNTY,,, STATE •'OF INDIANA, that it is desired and deemed necessar y to imp-.ove Walnut Street from Sample Street to the north line of Indiana Avenue as follows, to -wit: Said street- zhal.l be graded and the' roadway thereof shall be paved; and also the roadway of c°rtain portions of -the streets and alleys which enter dr intersect said 'street shall be .graded and paved The paving material to be- used in making said 'improvement -.shall be Sheet Asphalt, Asphalt block, brick or Rein- forced Portland.Cement Conaratey and the foundation shall be portland cement con - Crete six (6) inches thick for,.the.. sheet Asphalt, asphalt block and --brink;.: also cement curb shall 'b.e constructed along said street where same js not already -' gonstr�ucted; storm water inlets and Conduits shall be constructed where necessary; all manhole tops and. st'oxm. water inleta shall •:be set to the proper grade; -cement marginal ourbshall be constructed at street and alley intersections°where necessary all as is more particularly shown and -all in accordance with' the- plans; prof Iles, detail drawings � and speeff icat ions on file in the off ice 'of the' Department of Public Works of the City of South Bend; Indiana. The east of tbeL %rocereex�t herein provided for, except street and alley intersectipns, shall be paid yr special w!Ses.�-mAnt to be la'vxed ulsan the'property specially berlefitted, to the amount that the same may be leg- ally assessed therefoT- in accordance with an Act of the General Assembly of the State of Indiana, entitled "tan Act Coca —W:g M"I..tn'_ipal Corporations," approved March" 6, 1905, and in accordance with and" pursuant tq thq provisions of all acts amendatory and supplemental thereto, Tha.cost ofjil street and alley irtersectior % including one-half of the width of the imrrore-mont o ?_,)-- gj.te�street and alleys which run' Into, but do not cl-^s s-id rcadw y herein propo�cd to be improved and that ga^tion of- sucli: street or. alley abutting upon; prcT:.erty belon+ i�,g to s,id, City, or upoa :e_ not s '' ect to jMeh ". ssessment •"•all ba paid by the City in ca§h`out 'ofs o-eri 1 trl d,' if able to d5 so ^or from a fund cre-- ated by a s res._l as :e_smeat to be ' ,tied under the pro i io.rs of _Occ,,ion. 108 of the a? _ e entitled Act. As s-..cents of ten dollars end more a ^inA each lot, if defc, ed, are to b3 ;.aid in to c1u21 annual in- stallnLbuts, �Sti interest -at the rate of_i~ia:.per cant pe_ $nnum., A bond or bonds will be issued to -th, con- . to ^tor to the amount of such deferred ztia _s -1is in pro rota payrne- t for such imp re t; Under no circumstances shall the city Of South B'Pd Tie, or he held! ieOorstble for any sitm or sums due fror3 said property owner or owners fcr said work, or for the collection of the same, or for the payment of any bond, bc._,ds, certificate or ce ate= -ssred to said c:, :-r sue work ea spt for such moneys as shall have actually 1 -n e'i red by the Cit s from t e e _ts for :arch i^^)rfl s: 'lent, or sucy'i moneys as said City is by g-id enti tad Act and -x ; ­d. ,eat and u_ _'_ _ s thereto .eau:- 3 to P-y. I_:1 pyoca3din.gs had, and work done in 'Re r=''� n� Of yid i =- e_ t, t of p-cpe-ty, Coll;etaon 91 b.- comments and issuEnce of bonds the±refor; s4all be ns p:ov'dcd for in id .:. ove e-t't:ed Act, --rd A&Z wmo;d- atory thereof. and supKr _ontal t -c o - . B FURTHER IiFSOIIVEl) Tb^A the Eo :'fl o£ I' -0 3�`�@rl f th@ 2.1st...... ill q ^ y he,�r of R ... 2a; .... +,c . ,},1lA c , ;o t= e€�ssw va.. ,s Words of tb.s r . , as the tim n-d l ^.o for t aid Board of Pii,tic V or'_s t r �l r s i 1 0i �r .Jse_ se erty is It ble t9 {�3 in+,*rov ,mart, Pro,. will ;.s'.3 ,, et the be efits to ,t'ic3 pl@},dlt @tie t4 I? ease-1.6 8ai i 8,'�= I will ecu l the e t, d B IT 1'U41'_ 3 T„^t notice of the titre aAd i)i.,ee s€ such public cw?,s14.?rR-tio� ' Ifsbe�3 a, d tta lea is the <. j�:o cl d uy Iww. lti•Ot? e f tp iEe@i ti zit @ }i li#hAd cn th:}...Imp:, day of..June 1�20and flu the.d...day flf..u.y.}20}0� rib'ux�a Adopted th.....`2_.7)od ............. day Of.......... a a � •' .. M BOARD OF PUBLIC WORKS. G. A. ELLIOTT Attested:- JOHN F. DEHAVEN Veronica C. Sweeney, Clerk of the Board, .......,..,,,.> ..........•..... .,,........>...•, I - . e . . . . . . > . • . . • > . . . . . . . . . STREET OR ALLEY IM ROVEMENT RESOLUTION NO. 804, Be It Resolved by the Board of P ublic Works 'of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and `deemed necessary to im- prove Michigan Street from North Shore Drive to the north line of Wakewa Avenue, as Follows, to -wit: - . The roadway of said street (execpting that portion occupied by the street railway tracks).shall be resurfaced; also .the roadways of certain portions of the straets and alleys which enter or intersect. said street shall be resurfaaed.. The paying material to be used in making said '_improvement shall be bituminous filled macadam, and the.,gouhdA ion shall. be the presant water bound _macadam, and a cement,, .curb shall be ,constructed along each side of the street railway tracks just beyond the ands of.'the tires; '`aIso cement curbshall be constructed along said street where same is not already, constructed; storm *,pater inlets and conduits shall- be constructed where necessary; all ianhola tos and storm water inlets�,ghall be set to the proper grade;cement marginal curb shall be constructed at street andi11ey intersections where nacessayr,''all as is more particularly shown and.all, in accordance with the plans, prof ices, detail drawings and spec if icat ions on: file in tha .0'f ice of the Department of Pub l is Works of the City of South Bend, Ind iarla. The cost of the imgfrovement herofn lYrovide3 for, Q'kc�pt stil,4 and alley intersections,. shall be paid, by spo'e.e.l m ess_ent to be levied upon the property specially beTetltted, to the amount that the same may be leg- ally assessed therefor, in accordance with an Act of the General `-Assembly Yof the State of,196ana, entitled "Aa Act Copceruing Mun'_cipal Corporations," approved March 6, :1905, and in accordance with and pursuant to the provisions of all°acts amendatory and supplemental thereto.. ,. r The cost of all, street a.nd 91lay f � -.-octiors, iY1ej tr!fszg ouc-b^if of tls0 wi(Ttll of sna street and alleys which ran x to, but do not crc s s .d tc tw _; povoi- a pi'up000d to bs1 llppf®i�@d and that portion of such street or alley bizttiL s.rou px .,erty 1 . "r;Yix 4 to a id.:Cf6y, or t Job t@ such Assessraent, s'=all b- paid by the City in eaah out of f,s f �v 1 fur 4. if able to do 00, or fr@A pet., a. fu4d @r@= ated by a special as -_ens _ant to be ' v ed under the of i .Ctfcya 105 o1 0-70 f bom o?=ti£ied Ad: A; :rests of ten dollars <,,nd more a, 1brist �e'1 lot, if def , ':;d, pro to to poid in On equal e_;0#0 In= sta.11rnents, .9,.1i interest at Ue rate of Six per cent per onnixm. A bo:xd or bends gill be iss,.ed to tii.a anq= t; :,etor to the amount of such deferred a r _ _,.ta -in pro r^*.,a Far e `t for such irsn: Under no circumstances sh5.11 the city of South R ..,,1 be, ^r be held resporsible for any sure or sums due fro`i said property owner or o-=T s=_s fcr raid work, or for Vac collection of the s2,me, or for the pays-ent of any bo-nd, be ads, certificate or c r ¢es d to s�sd c - ` „e _. rt r sue' work, excep't for such raoneya as shall have actually been o i,e� by t;ae City LOIL t13 < erts'for ^tich iT^proterent, or such 2 Js as said City is by mid enti¢lad act and t- <;lt end a ,.,.ts the.ato,re sired to , u' pay. All p= cir ;s had, and work done in the =,¢ng of v�,'d i ^ent, . _: e_ ._ sat of property, collection .of 11r _ients and issuance of bonds therefor, shall be s t>> Zi A for in said shove e title4 Act, and Acts ie_-d- atoxy thereof and supple-y ontai t_.,,reto. :.��jFURTi ER RESOLVED, ThPt the fie'*,r of_ P:.!., a t'Uori" fig#: th@„ 21s t b. • , day �f .Z 4 ^ i924 • . s. • e hour of 7: 5 V, K., P-� $fie C ,• of fh $oaPd of 1'l2?Y'C of this pity, as the ti!n rt * 1^�o for Me t: trl3, eu' �',;` Voil of Pdd ,g1 oS , i}zll;p;A P t, at t! �e'z 6sid llwerd of Punic 'Works will > all pe _ s in.t� C , C4, or Wr inze prop@ft3 Is it b}e t9 4 arse 11 p sve..A lt, and will dcc."do es the be�,efjts to Vile p1v�:dity 11alo to b@ m�,�@4 to; t�4 I Will @o.: l the e ti et f B11 1T FUR7 T'---t notice of tlae ti, s sad v+leo Of cip.@it 4?1 lt6 8Q's dera s �u}�- lf!' klh4i €ird r^?led in the . p,ovit' ty lar,. Nal,-ce of tb;st y olitCi�iti -fT to- , d F; . tdl. t 9f..�11ne . �.Cl2tQ�ar_d on the. .clay �f.. .Jd21 ...... o20., l tit R�3 4�.: �'r° u"ne adopted i�........23rd..... .<.eny c"........... June - BOARD OF PUBLIC WORKS. Attestad:- Ver onica C . Sweeney Clerk of the Board. (;�. A. ELLIOTT JOHN F. DEHAVEN 702 R'esalu.tidn No. 801 for the pavement on Lawndale Avenue from the north line of Cushing&s Add it ion to Vassar Avenue is hereby ' resc inded by the Board and a new resolution adopted. STREET OR ALLEY IMPROVEMENT RESOLUTION NO.-$05. Be It Resolved by the Board of Public `Works of the City of South Bend, St.. J-oseph -County, State of Indiana, that it is desired and deemed necessary to improve Lawndale Avenue from the north line of Cushing's Addition, to Vassar Avenue,' as follows, 'to -wit: Said avenue shall be graded and the. roadway thereof shall ba paved.; and also Ythe' roadway 'of 'certain portions oi' t }!� streets and alleys which enter or int4rsect said' avenue shall be graded And- paved. The paving . material to be used_ 'in making said improvement- shall be Sheet Asphalt, Bitulithie, Asphaltic c oncrete or Brick, and the Y'oundat ion shall be Portland cement concrete s`ix (6) inches thick- fo+thW cheat As'h:aIIt. Bitulithic, Asphaltic concrete and brick 'ofrolled gravel six ('6) inches thick for the brick; :also cement curb `shall be constructed along said avenue vfaere same is not already constructed; storm water inlets and conduits shall be -constructed where necessary; all manhole tops and storm water inlets shall be set to. the proper grade, cement marginal curb shall be constructed at ' all street and alley intersections where n7cessary, all as is more particularly shown and all in accordance with the plans, profiles, detail drawings and spec if icat ions on file in the office of the Department of Public Works of the City of Suth Bend, Indiena. The cost of the ianprove,nent herein provide3 for, esclpt strut and alley intersections; shall be paid by - s�eC I seesment to be levied upan the property specially benelitted, to the amount that the same may be lei— p l4- assessed the efor, In z.ccordsance with an Act of the General Assembly of the 'State! of Indiana, entitled" 'tAp ,ant Cc*esrn_<g lVfun'cipal Corp orations," approved March 6i 1906, and in: accordance with anct pursuant - to the provisions of all acts amendatory and suppiemental thereto. The cost of all street and alley i :_2etao s i= c� 1?ii!g o i half of the w-idt'x of the im:af _cent op n- alta street and alleys r✓hich rut i .o, but do of cI 3 s d z. d:r:.y herein proposed to be improved and that potion :of such street or a.11e:y abi.ttiug ztpon _ pi...,jt7 b acn2irg to slid City, or upon property net subject to such shall ba paid by the City in c%sh out of itsgeneral fur d, if able to do so, or from a fund ere- cted by a Eiec4al s s, ant to be ':.vied under t7a3 p='ovi:Ao_13 of oectioii 108' of the abo er entitled Act. L . seats of ten dollars rand more a ainst wxli lot, if deferred, are- to be paid in ten equal a_anual In- otnllments ftz interest at the r%te of St -per cant per annum. 4 bond or bonds will be issued .to .the con- te _ --tor to the ammount of such deferred rs : _1bs in pro rata payment for such imprc aeme _" nderno circumstances sb _ll the city of South B�Td 'ha, or " held resAo„siraI fair sn Mtn or sams i e from slid property owner or o�; =•s fcr said work, or for the collection of the same,' or for the Payment of any bond bO_ids, certifeate or cc_'_ tes, _sst 2d to s^:id c to is r . f _r pue'j worh� e8'ce� t for such rnon©ys as shall have actually l :e2eived by Vie Cit, fro1a t' e eats far such iS>*�ro`✓e -e3t, or �itc'h n1c - od as said City is by Braid entitled Act and 1 Dt a.^d su eats thereto required to Pi'oc. da Gs h8d, hnd work done in tbG r2u' in of ..aid i_ _: pay, l S '='... � _ant, �e...s �-:ent of property, collection of gs- eo_._=,ents'and issuance of bonds therefor, shall be rs p:oviacd for in said above ew.titied Act, and Acts --Lie _,d- 4tory thereof and' suppl@mental thereto. , P3IT FURTHER RESOINED.Tb.at the pn,r4l of lit' # �y9ilz3�• t�id d�v o` 47 .. �... ..- .�y ............ r tp - - ,_ '♦ - hptar @;F R� 3P L�l tb e --� Of f`` h^r•'' � �}_ �;. Worka, of this.City, as the tb ry 11 -'--a fo-r tho eo n tt F#1 f 16 ` s`n47.0 Q said Rocwd of Public Wor►:s will < all pe:: ,rs i is 3 ,.!1, imarov ; ,2 �t and will 0ae ::r ,the bc-:,erits to th-4.yjCw @f'$�' will egdal tha_esti=o.tcof. B1±t.IT pU�i _), T t notice of t*,v t?r a� *9-$ VtF40 @11 s�ii.A{ pY�49 co -%J9 �,ti lishedC £. ad mailed in the p o lls-1- 1 Y 1.^,17. N&`4h'� Of 0'$� f�' . g "h 16 and C:i the day Of. ....sssss.s �rr;tj.i Adoptc3 • •19.......,. _ .... ...a.day or, P.- slssifBFPA.,$ `BOARD OF PUBLIC WORKS. H. F. ROSTISER JOHN F. DEHAVEN Attested: - Veronica C. Sweeney, Clerk of the Board. The advert is ing and heaping on the abov improvement resolution waived, as follows:- ' PAW aW' w +r.++.r r wa.: �^-^ •r.+ '&- r — -- .ns ►ioalf1 Mo Of. a sod'► �`. re+�4 t the. f0ts nt ` 1W14 001MUOU* WO ftVt th 0 the &Ot tbALt no e►�hr jest r hwt P t r and .tit no nA 1e00 woro miles to the amors of wwo hold -by said Bo.sj4e wo n n � a s shall precoed to let t 061*1w �t for also E. Wadne!Rav .Tivnob Hea -ar, had on assessment roll and final estimate fo ,,nk sewer on Madison Stree�i'f�+r.•.er Street, McKinley Avenue., Cedar Street, Somm—b Street, :P Arthur Street and 'Walsh Street, under Improvement Resolution No. 649. In: the City of South Band, Indiana. In. the above matter no written a Astrf%noe was filed, but property owners app*ai* 'mid objected to amount of assessments and the conditions of tke Street, the B*-&-rd ,.,e,*d daa consideration decided to" with -hold -from the contraeta the sum of Two Hunered (0200,00) Dollars until streetis put in better, conditim; and the Board therefore find that the property assessed in said r oll"filed on the 2nd day of June 1920 is benef itad in the -amount of assesssmet s as shown on said assessment roll and the Board further find that the assessment roll filed June 2nd,, 1920 "d the final estimate allowed June 2nd.,1920 should be and t.e same is hereby ,all things, ratified, confirmed and approved, Hearing had on assessment roll and final estimate for p*pe 'gower on Kosciusko Street, Jackson Street, Grant Street, Wareen Street and C ►1lsle Street from Division. Street to N.. J. I & I. Ry. Company, under Improvement Resolution No, 6510 In the ` dityof South 'Bend, Indiana. .t; In the above matter remonstrators appeared but no written remon- strance was , made, The Board therefore find that the property assessed in si d roll filed MA�"26th.,1920 is benefitted in the amount` of `assessments as shown on" said assessment roll`and the Board -further .find. that the., assessment roll filed May 26tki.,1920 and the final estimate allowed" May 26th. ,1920 sh:dudId be' and the same are hereby all things, ratified, confirmed .and approved, And the_;.Botrd after hearing complaints about c and it ion of , streets, , the sum of Five hung ed (0500,00 )Dollars was ordered with -held from a mount due contractor until. roadways are filled -...in and streets made passable. Matter of` permission to cut into pavement on Bartlett Street= was taken up with► the Board by Thomas Williams, Plumber and permission was'4 - , granted to cut ints pavement to place water tap- which was eliminated by the Water Department 74en pavement was put in. Clerk instructed to write to R. R. Smith, Pres. ChicagoVL South Bend & Norther. Indiana Railway Company about street car company's tracks-` on North Michigan Street. 705 W dnesda.y June ?3rd ..1. 2 0. C ont inued - The f of lcw irig contracts a ppr oved . PUBLIC IMPROVEMENT CONTRACT, This Agreement, Made and 'entered into this 23rd day of June 1920 by'and. betwean Wm. H. Burke of the C ounty of ,St . Jasepj a,nd State of Ind ianp (here in - after cet.lr ad to as the " C ontract or"_) and the City of South Bend, in the County of St. Jc a ph and State of Ind Tana, by and through its Board of Public Worlws, ( hereinafter raferred to as the, " Cttwy" ),, under and by virtueof an Act of the-eneral Assembly of t ha State of Ind is Da , e nt it led " A n Act Concerning Mun is ipa 1 Corp rat ions i, a, ppr oved Wre h 63,1905, and a 11 arnr radat flry send- supplem-nta 1 ants thereto: -- Witneseth, that the contractor coven%nts, and agrees to construct ,va to r c onne c t i ora on R usHah S tree t fr om nea,y Avenue t o Br oadwa y , in the C it y of S out h Be nd , Ind, a, na a to a+riY Y or the f o l l Qv irg, pr is es Water tap or. short s idea.each.. ..........................�19,70 Water top on long side, each ............ . ................ 25.70 i,l to perform all wort . n fie pro edition of said improvement under axed aye ,f,d to the terns Li,;!F <- ditions of Improvement RFsolntion No. %8Z----_--- :by the Board of Public `�Jorks,__M&K.-25tJ1 ., 1920� end the plans, profile and speciicaf;on.s on :file n the Nice `oftethe Department of Public Works, which saic, resolution, plans, profit and specifications are made a part hereof as fully and effectually as if copied and #et. out herein at full length. T' e contractor further expressly covenants and agrees that in the prosecution of said work all prover skill at+d care • `1 be exerc s-d ; th?t he '1 p-�n .� _ i 1.—` :.*. all excavations and dangerous places, and -;II use all due and proper p action to prev^.:t j-ntu-v tom, ,ry person. or 1-on,e ty; that in `he evert any injury or damage resulting from -the >, --*- or res,�', i- - from a.-y Tratt.er or thing conn.Act, thnretvi'� or arising therefrom, to any pers^-i or property,'ht-v,- ll nay aril lio tictate the same at his own expense, and as- sume the liability therefor; and in the event of any clam or ciairns being made or any action or actions bcirg brought against the city by reason or on account of or growing out of s�id viork or its construction, th, said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in 411, respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f within ten days after any such action is begun, the city shall notify the contrac±or of the pendency ther, ^f, tftc•n. any judgment rendered against the city shall be conclusive against the contractor and against the sure ty am hie oonstrurtion bcnd, as tc tla- am c Zz t ilja and at" ,�,t >-s pertainirg thereto. Anti the con :rac`. o£ i 2 Saud, Jbi is•: v __. � -�1 2 ��:c�t § e�+3 � t%j' �a€ " the period and in the manner as fixed by the sn �`5 ens, as d to secure .> e waftenance- and repair thereat to file with the Board of Public Works a bent v4, h sutfScivrat.s vety thereon and in an amount as fixed by the specifications. And in doing such repair work the contra.ctcr and the surety on I his guarantee bond shall be subject to the sar_-:e liability to the city and any other person. for any 111jt?ry or daruage to any pers ,a or pr,ap- erty in the same manner and to the same extent as is fixed in tl;e Ta.at preceding paragraph covering the con- struction struction work.. And it is further agreed by and between said partie, that the .� cc,l;taz.ce of the, work provided for in this contract, or the payment thereof, shall not constitute a waivea- oa tany of the prow he part of the city of *o,, ions of this contract,; nor shall it release said contractor or the suzetien cn his bond for the faithful perfori-i, snce thereof ;,nor shall the acceptance be primafacie evidence of the performance of any provision of the contract, except to the extent of entitling the contractor tothe contract price therefor, The contractor agrees to pay for all labor and materials used or. furnished to be used in the making of such improvement and in the performance of this contract; onrifether done or furnished for him, or his agent, assignee, successor or subcontractor ; and the city may reserve .out of any allowance made on any estimate in favor of the contractor or I— assigns, or out of the a_r c..r�.t due him or his assigns upon the., completion of the work, so much as mat cessary to pay all lab revs or materia, seen for funounts due their for work done or materials used or furnished to be usrl ita Vie perforn7avee of this cc ati�et :a'.Id the doing of said work, and the, county treasurer, acting as city tr;-::,.er, ulay retain 1-arincy co l�:-Cted from property owners assessed for s�5id 1^i`rU .:)C kt to I'�.y c;,Cl1 Crltt; -'1 tl-E C" �t' 't t! my h-rwo. be, 6 paid or snCsf;e•l _ ­-t,2- to re-1-10 ; 114 rv':_ ii, earth. and taiused material in the streets of sides thcrc 5f ;iron the ctonwletion of the improvAsn_.nt or the repairing hereof. Ths work of mitking sttch improvement shall be convicted according to Me terms of this contract on,or 9P1r`sg th@ time for fln'@ cor-m0et on of the sar-e shall. be exterded in writing by the Board of Public Works. And it is Rohe$ that any such Oxten-ion of titnt, or any alter._tion of this contractor of the mariner or meth- @d pf 4W119 §ueh work shall 'rt re,way affect the duties, obligations or liabilities of the contractor or his sure» ti@g. It ig rig€@@d that the contractor shall not assign this contract, or sub-iet the work or any -part.. thereof to h@ dQn@ h@r@tmd@r, withoj t.the writ- n co-_ ant of the Board of Public Works. It h further agreed &nd e€tpulat- d <±h9; ,.a contractor shall give to. residents of said city and county' flf�f�r�n+ in the @€npleymt dt of all labor .necessary in the..pefforrrance of this contract, and failing to do so, 4091140rfe-it to the city t-he sum of ten dollars for each failurb to observe this stipulation: And tip@a "th'@ p@r or apc9 of all the semis and conditions df this contract, and things to be done and @rf®rl i�d by mid contractor the'said city agrees tip cause ttte cost of doing such work to be assessed, col- �Et�d' d paid to said contractor in the manner fired by ,the statute governing the making of such improve- .T@ wh of tho conditions and stipulations of this contra , i> cluding all and singular the provisions and %M9 Of th0 )p11a11%►'pF@hl@, %p@cificatsons and resolution .afoiesaid, the undersigned binds himself or and, thgk M00-0-ft a140-CCAor or asssigms of such parties. In Testimony Where of. we,. the foregoing named parties, set 'our hands this 23rd. day of June 1920, CIT1 OF SOUTH BEND, INDIANA. - WM• H•. BURKE u . A. ELLIOTT C ontractor. HARVEY F. ROSTISER ' JOHN _E. DEHAVEN Its Board of Public Worms.' eos PUBLIC 1)A_PR0VE1iENT CON1'^ACT4 ` This Agreement, Made and entered into this 23rd. day of June 1920. by and between Wmi; ; H,� Burke of the County. of St. Joseph and State of Indiana (hereinafter refer.red' to. as the. " Contractor"), and the City of South Bend, in the County of St,. 'Joseph and 'State of Ind iana, by and through its Beard of Public Works (hereinafter referred, -to as the:" City") T: $ad under - and by virtue of an Act ofthe Vxeneral Asoembly of the State of Ind iana, entitled "' An Act Concerning Municipal' Corporations"" approved .Maroh ,,6,1905, and all arnendat.ory and supplemental acts there to:- VPitAe,sseth, that the contraotor covenants and agr6es to construct water connections on Donald Street from Miami Street to High Street, in the City of South Bend, �I7idiana :at -and for the `follow iit prices :water .taps on short s ici'e, eachy...... , ...... 19.50 Water taps on the long - ide-, each.-.,n.....�, .:..........` 25* 70 do jii­a _" �` <, ordlr,�„�►. "te�'s.`arxi'p`�.. rw Qa lrc' Wor!.. Ma. ' ..265th. ,1920. �! 4 a� . ,. r n of •Public Wor1rs which slid *ants j&,h4� reeA wmagm r akarcts y .and ,ef ectua* as -0 copied and lie rose.cution of Said work att propej zt 'att excavations and dangerous pla,ee� ,erson or on!r„ty. thst iz rtlg eve t Matter or this connects d th9.rclvi4 or lethe P o at tis own -expense, 'ard as� a e an ►action car actions h,2ing ';4V`Or14 or; itsconstruction, tha,.ss=l �recovere&thereiieri n. d i i1 ist or r+e�seseittatta►es-� aft cost, ii -io3t ©rfic Aid, f. FZLY MUM -It -VC ConCPLlslve Wjftn-Me =contractor and :a�IiBt- $- et�• ��ces�sirttiottor#d. a� to t�+ amount,sbiity and other matters.pertainiferetQ, 'Cp'e .io.S,.� Leis $..s xs .:.�: �.a.EEII 9?f..y xio�r'..;G.u�'ut*$' �a QwF. �.,�?'-.�`llEYI"S. �,5 >Ti i:�+1 to; t�Crid a n the xtsa.4ttcr as %ed by the sRe _;cations, and to seja�re ��w, ;@�alr tEl aE iY to t 1E Eo�t'd Of ii'ublic Works a bond -t It sufficient surety there and ilk a.� ��i���� as i� icy ti _j. ipef#ftations, And in ding such repair work Ahe contractor and the surety as hig jtg#,raAil%� i@ skl-� ll, p Miter to the Soyat liability to the city and any other person for apy nqury or date.%-ig % arl p,�fix- ili v irtj isthe fame manner and to the same a tent as is fixed in the •host prectding paragraph gg,�cl-ing Ali �u,x `truation work, old it is further• agreed by and between said parties that theiaccVtAnce of the word pro-v41 d fqr..� , 0 iA Wntra� or the payment thereof, slrall not constitute a waiverton ere of,f3te €sty ® allg� ill 1{`t tit ya fQftA Vf tki8 coitra.ct, not' shall it release said contractor ovthe sureties c iis.�ond four of lil�tll � Ahcre®#; nor shall the acceptance be prima facie evidence V111it performan a of any proVi61011 o f{;l contract, except to the extent of entitling the contractor to the contrary ri:ee therefor, `�h0 contractor agrees to pay for all labor and materials used Or furnh to'be used In the 1H6 l#Ioffit'' @Uat IMprovement and in- the performance of this contract, whether done4M. rniehed for ilia#, of hie-4pl.t; "It ea, Auccessor or subcontractor; and the city may reserve Gut oI any al'.owanee trade oti say 46tIlttate in GW 61 the Contractor or 1•:,- assigns, or out of the amount due slim or bit salign® upon the complQilor Of the v+ierk, as muck as ma- cessary to pay all laborers or materia, mess for amounts due t" lam_ wat dOA% or materiah. uses ;Jr :urnished to be used in the performance of tii}s contott and-tlte d_us of said *oriiy acid the Manty treasurer, acting as city treasurer, tiay ret its VWnq Co+<i,,Aid I If -proptrty WWricks 49ee$sed bw said improvement to pay such debtss�r'tix,ry-t e�contra,ctor j' 6O t th" #1tey hove ii.::+ plti� �r eat,�f ed cc a r.- ag. er- to rem49 ate NIsEt_t-ear ck no n atEi st is tax dx s Gaon tit co -ton :the imtrovem . it or _ tepai ng k - I # wu 49 anakine such improvement N sluts he J e re the co nn��4 �acoutraet on or --- --- ----- ---_ -- 3_ s the #i; a for the eompl;.ton of the say �sIn ft be`eYte^tee$ ate'." - '� t�zr�tl F 'aabl�c 'Works. i:s, And it -is agreed that any_such extension of t n--, or anv altera�+oti tad` rlalrr r om-inetli od of".doing such work shad in,na way affect the duties, obligations iyt�lhaa j�li�les ale co; tractor or his, sure " ties It is agreed that the contractor shall not ?ssig this contract or sub -let the- work or=a.ny part thercof I be done hereunder, withoot the writ en con =nt of the Board e `i'uhlic Works. It is further agreed and stipulated -that contractor- strait ve to residents of said city. and co , V reference in the employ>ment bf all lab necessary iri the. perfo stance oftt`his: conrraet a7d failing to d:-) !it,, *hall forfeit to the city the sum. -of ten dollars for each faitire tc o$servei this, itipatatioa. And upon=the performance of all the terms and conditions thus C-ontir 2 . --to he dole an,: eirIned bg.said contractor the said -oity agrees to cause tlrecgst of doit+i � 1!ts-Te assessed, e;'_ ed * ad paid to said contractor in the manner fixed'14 *e 'statute governtbc ;cif :st3ch ixnpro , e- treuts. . To each of the conditions and-�tipufations of this contract tndluding Ladd sinagrar the �rovisiMS f rtns oil the'Mans, profile,{ ipeciflcations and resolution aforesaid , the undcrsigne . *1—n$s .himself 2.r.d thr: respective 54c1Qesspr_or assigns: -of such parties. I. In Testimony Whereof, We, the foregoing: named part ids, hereunto :-set our hands this 23rd. day of Jane 1920. WM- H. BURKE -CITY OF SOUTH BEND, INDIANA. j CONTRACTOR. Go.A., ELL IO TT , HAR,VEY, F. ROSTISER JOHN F'.. DEHAVEN 7 Its Board of Public Worms. ` Pres iden t