Loading...
HomeMy WebLinkAbout05/15/1917 Board of Public Works MinutesTuesday )ky 15th..1917. Cont Board met in regular session at 10: 00 A.M. All members present. Bids wore received, opened and rea.ci for trunk sewer improvement as f ollows : PORTAGE- TRUNK SEWER. Bid of Hoban & Roach. ..... . V itr if ied pipe. S"..p:�pc�,"der.,• .per, 'VAf t .......... ............... 15M, . pip: sewer-,- -par- °1°in° ft ............................ 2.80 .pipe, sewe-:ri,..pr. >hin. ft ............................ .50 'P:Lpe, sever,, >Par. Iin. ..................... .70 - Tnde,peAde,pt, Pipe C.o,., Rp. of orc ed Concrete pipe. 6Q ;inch, ,nipa seyver.,..per. ;lin, Ft. 13.47 54, inch pipe sewer,. par, -lin..ft................... . .. 12.32 36 incii.:pipe, sewer,, per: IJA ft.......................... 9.25 Lock Joint Reinforced Concrete pipe . 60 inch n» nn n» . 13.45 54 inch nn n» nn .. ............... n» n» nn 3 6 inch ................. >.... . 9.25 Nate o Segment Block, two r ilnj. 60 inch Natc o Se�gmant block, per lin ft .............. 13.48 54 inch , . ".". - ".»,t� :n. per lin f t .............. 12.35 36 inch : , . ",". , ...",".. , ..."," per lin ft ... _ .......... 9.35 Fergus on Segm�irit- Block two r°ing . J 0 inch , .","> ..: n n per 1 in . ft ..................... 13.52 54 inch n n n n p-- r lin ft ...................... 12.35 36 inch _ a h, n'»' 'par l in 'ft ....................... 9.3 0 Reinforced Concrete pipe, Lonolithie pipe, 60 inch "" "" "" per lin ft......... 13.48 54 incl ... ,"", ......",", ,» per tin ft......... 12.33 36 in ern n,r n» per tin ft.......... 9.25 Amc o Segment Block, one r in g. 60 inch "" "" per lin ft.................13.50 54 inch n» nn per tin ft................012.30 n» ,r» ft...— 35 inch per iin .......... 9.35 Streator Segment Black, two ring. 60 inch "" "" per lin ft................ 13.55 54 inch per lin ft.......'......... .12.30 36 inch nn "" per lin ft................ 9.35 mhibIss, per foot iri depth ............................. 4.00 Uanholes, cubbs and corers, each ........................ 12.00 Storm water water inlets..... 5.50 Retainirg wall. ...... ...... . ' ........... .�00 00 Junction chambers, each............•...................850.00 55i ."ORTAGE TRUNK SEWER IMPROVEMENT. Bid of L. H. Webster. 18 inch pipe sewer, nor lin ft.........................$4.00 15 inch pine sewer, per lin ft........ ... 3 00 2 ring. brick sewer, ° 60° in-ch b-nick °s°e° D,° 1>—,D °l=im ft......................... $15.60 54, inch brick sewer, per lin ft .........................14.50 36, .inch br. d.k zewex.,., per, Lin ft .........................10.25 Uanhol,ss,, per. ft.. =in pie ate ...,.... 9 ...................... . . 5.000 1&nholes, c-.rbs and covers, each.........................15,00 Stormwater- °inl•ets�, each. -................... . . . . . . . . . . 6, 5 0 Retain irk .... .............. ...... �00. 00 Junk+.pion =chamhezz,. ,each... .......................... $1000. 00 HIGH STREET AND EWING AVENUE SEWER SYSTEM. Bid of L. H. Webster. 33 inch vitrfieid -±pipe sewer,.per.lin.ft.............$ 7.70 22 inch vitrified pipe sewer.. Per. lin.ft............. 3.02 15 inch vitrified pipe sewer. .per. lin.ft............. 1.00 12 inch vitrified ripe sewer.per.lin.ft.............. 1.50 8 inah pinee s,exer, per lin ft....................... .50 6 inch pipe sewer, per lin ft....................... .60 33 inch one rind; brick sewer, per lin ft............ 8.00 33 inch Reinforced concrete Gips, any kind, per linft.7.68 Manholes, per ft. in death .......................... 5.00 Manholes, ebbs and covers, each..................... 15.00 Storm ,vatwr inlets, each.... 7.50 For °El -ugh °Tank complete Including curb and cover ( Siphon and supply pines, ) each .................. 150.00 33 inch segment block, per lin ft................... 8.00 All of the above bids were referred to the City Engineer for tabulation to be reported on at 11: 00 A.U. Wednesday May 16th. ,1917. Attorney L.' -J. lieyers, representing the Chicago, Lake Shore & South Bend Ry. Company a;U.pea,red be�for,e the Board and presented contract for placing d tracks on streets and alleys for freight depot The Board instructed Atty. Meyers tomake some changes in agrement before same would by approved. Mr. Thomas H. Bea,ning, Pole and Wire Inspector appeared before the Board` a.nd submitted a blue' 'pr'irit 'sho'wiaig the location of the Chicago --_South Bend & Northern ./Indians. Ry. Company °'-s poles on -Mishawaka Avenue from the Park or 13th. Street to 19th. Street, and the same was approved by the Board. The Board ,appr.aved :of, .blue, :prints and plans submitted under date of April 26th.,1917 by the Western Union TelegzAph Company of their underground work ,/on Division Street 'between 'Pr6ight `hours 'and "lstt. alley west of Chapin Street, as per their communication as follows: 5,53, Cleveland, ®hie. May 9,1917. E-°268-17 765. Subject: Estimate. Department of Pub 1 is Works, S ouhhBend, Indiana. Gentlemen: - Referring to your letter of Uay 5th., regarding permit for the installation of underground conduit at South.Bend, Irdia.na. One of the lines sho*mA on the drawing sent to you represents the proposed underground conduit and the other represerests the proposed cable which will be placed in the conduit. The line representing the conduit is designated as 2-T-C.W. D. which means, 2 way creosoted wood duct. It is .Proposed to place this conduit between the curb line and sidewalk which will° avoid laying the conduit in the paved street. Yours truly, G. W. SHA "?P Dist. Plant Supt. Same anproved with understanding that these includes the wires and pales of the Grand 'Drunk Western Railway Company system, and that the City reserves one duct v .for City purposes. The Board -also orders that the same be done at once. !!r. Geo. U. Urey, City .Cemetery Sextion appeared before the Board in regard to an increases in laborers° in the City Cemetery es wages. The Board after due consideration ordered that an increase be grantedt+i _ .272 per hour for lawn mowers in. the City Cemetery, Sane to go into effect at once. Communication received from Dr. C. S. Boseribury in regard to the placing Of unsanitary condition of Kendall Streets a.nd streets adjoining. in-'�ore sa�ica,ry condition. The Board .ordereed resolution. prepared on Kendall Stre��, Chapin Street v Catalpa Street from Indiana Avenue to Prairie Avenue for pipe selsere as per request Wf�Health Department. This matter was referred to the City Engine -ar. Bid on sewer connections on Corby Street from Niles Avenue to St. Louis Blvd. by Bruno De Peape at per 6" conduit pipe, per lin. ft.... ..... 901*35 Same referred to- the City Engineer for tabulation to be reported on at v 7:45 P.M. thi '-l5th. day of kay 1917 (Excavation bond for the amount of One Thousand ($1,000,00)Dollare signed by William Turnock as principal and United States F:tdelt iy & Guaranty Company ✓ of Baltimore, Ud. As surety, was approved by the Board. Pole and wire inspector reported as follows on telephone at rear of 511 So. St. Joseph Street, which is in the gray of a, garage proerty owner- is building. That this cis a, South Bend Home Telephone Col pa.ny pole and should be removed to the north property lines, this should be done at once as there is nor being built a gara an th ofe nd u wiitl be , the driveway. The Board approved of said Pepe► and noti a ®raereent ie sa company. Permission granted to the Indiana & Michigan Elec. Company to set two 35 ft. pplea on St. Frances Street, one on the northwest corner of St. Fra:ncer°s :Street and St. Vincent Street and one on the north side of St. Frances ✓ Street about 90 feet north of St. Vincent Street.' Estimated cost of Brookfield Street from Lincoln Way West to Vassar Avenue filed by the City Engineer at........................02,300.00 Street Commissioner reported that the fence on the south west corner B of west Indiana Avenue and South Webster Street has been moved end the Street l✓ Department took care of hedge. i The South Bend Home Tel. Company was ordered to remove guy stub which is in the gray of a garage at rear of 218 E. .Bartlett Street and ground L/ anchor to the n.ortli about three (3) feet. Engineer filed assess -rent roll of awards of damages and assessments' �of benefits ( both equal) under'Wavation Resolution No. 38 for the Vacation of a part of Scott Street from 30 feet north of the south line of Lot 7 Raff's First add it ion to morthigly line 'of Raff's 3rd. Addition, in the City of South Bend, Indiana. The B®Rrd has ordered that notices of such awards of damages !+nd assessments of benefits be served 9ccording to law , and that a hearing be had en the 22ndd day ®f May 1917 sit 7: 45.: P.l __far the purpose off' hearing or receiving objections of any persons interested in ;seid matter. ° Fr.gineeer fi ed assessment roll ©l" awards of damages and assessments of benefits (both equal) under Vacation Resolution No. 37 for the Vaceyti®n a ✓ Borman Street from Leer Street to Second alley east of Yia,mi Street, Ir the City of South Bend, Indiana - The Board has ordered that notices of such awsn.rds of damages -rd assessments of benefits be served JkgcordinF to law, and that a hearing be had or. the 22n.d. day of 2,�a.y 1a17 s.t 7:45 P.M. i�or tha wurp©sa of hearing or resceving object iona of any persons interest+d in said matter. LOCAL SEWER IIMRROVEIENT RESOLUTION NO. 523. Resolved by the Poard or Public ?Forks of the City of South Berd, County of St. Joseph. State of Indiana, Thet the construction of a local sew,-r ✓ intended and adapted only for local use by the nraperty holders whose -property abuts thereon, and net indexded or adapted for _'eceivixg sewerage trerrs eolleeteral drains, be end the same i:,, hereby ordered in end along Clever 'Str_eet from they St.. Joseph River to Mishawaka Avenue as follows, to -wit: - Begin-ninq, at the inter- section of the center line of Cliver Street and the St. Joseph River; thence; north along the center line of Clover Street to the line between lets 48,49, and lots 106 and 107 Euclid. perk Addition with 9, 15 inch vitrified pipe sewer; thence still north along the center lixe ea" Clever Street to a point 100 feet south of the south line of Mishawaka, Avenue with a 12 inch vitrified pipe sewer. Together Tvith the necessary manholes, -storm water inlets, conduits and houset;enreetieans to the curb line along the line of said improvomernt. All as show on the plans ani in accordsnce with the profiles, detail drawi-igs and specifications oa file in the off io e of the Department of of Public Works of the City of South Beue , Indiana, a.nd said sewer, with ill its appurtenances shall be constructed in teeordwnce with tie profile end snecificatiers lkeimr an file in the offices of the Department of Public�Torks of said City. The cost of said improvement shall be appertioxed agRixst avid. -paid by the property holders whose property abuts thereon and upon the City of South Bend if the City is benefitted by said improvement, all according to the method and manner provided for in Ae3t of the General Assembly of the State of Indiana, entitled " Ar AEt Concerning Vhjxicipal Corporations," 555* approved. March 6,1905. Assessments, =if deferred, are to be paid iv. test equal sanual installments, with interest at the rate of Six par text 'per a.rmun: A bend or bonds sha 1 be issued to the coxtractor in payment for such work, unless the property owners pay eaed assessments before sRid bond or bands are issued. Under to cireunstances shall the City of South Banal, be or.be held responsible for anysum or sums due from said property owner or ©�^jers for said work, or for the collee:t.ion off' same, or for the payment of any bond or bonds, certifict.,tA of certificates, issued to said contractor it -oa.ym.en.t for such work, sxcept for such moneys as shall h&vo been actually received by the City from the assessments for ;such irlprovomext, or such moneys as said City is by said above entitled Act required to pay. All proceed_ixgs had, and work doxe in the maki:ag of said improvement, assessment of property, collection of nssossmexts and issuance of bonds therefor, shall be as provided for in said above entitled Act. Notice of this res glut ick shall published or. the 17th. day of Vx V, 1917 and on the 24th. day Of May 1.017, in the South Bend Daily Tribune. This Board will give a hearing on this resolution at its office in the City Hall on the 29th d.e,y Of kay 1917, at 7:45 P.M. Adopted. this 15th.day of Ua.y 1917. E . M. MORR IS BOARD OF PUBLIC WORKS. A. H. RICE JOHN B. WEBER Attested: - Veroaiea C. Sweeney, Clerk of the Board. Tke f olloov ing c la ims were presented to the Board. Men Nedd o #375 ` .Salaries °Dept, #376 ` E xg i.Ae e t iAr; .Dept . payroll #3 77 Tke Freder ic k Past C o. � #378 +Uaited'8iaates Blue Co. #379 Bast S Id6' Luiiber' Co. 4380 . S outk Bend ' S jr .ig' Wag biAo. #381 W iakler-Gr ims Co. #382 A lex Ma landor #383 Portage Brick Co.' #384 S ib le y lea c k ine Co. #3 85 Dr. Roy Wolfe #386 Andrew Beutter #387 Tke Wesley biller Fljur #388 Samuel Spiro Co. #389 Meyer Foundry Co. #390 D.. C. Layton St. Cox. #391 Tke S outk Bead Supply Ro.#39$- Studebaker Corp. #393 Indiana & Mich. Elea. Co.#394 Indiana & Michigan Elea. e o. 395 Miscellaneous Dept. #396 Kale & Bryan #397 Tke Western Union Telg. Co.#398 The Typewriter Shop #399. Tke Typewr iter Skop # 400 F. L. Buxck Sign Co. #401 F.L. Bunch Sign Co. #402 Cemetery Dept. #403 Ckard & To` 'ett #404 Jokason & Br illkart #405 The Franco Slag Co. #406 Build ing Dept. #407 Electric Service Co. #408 Tke Soutk Bead Supp1Y Co.#409 $4.00 41.66 306.25 33.66 5.82 5.17 7.80 55.31 7.00 24.00 25.00 3.00 30.6o 12.65 1.00 2.00 57. 05 16.o9 59.00 5.95 .85 12.50 .29, 1.20 1.00 1.00 4.50 4.50 193.85 3.60 8.25 34.47 180,00 9.10 .85 $19158.57 All of tke above claims- were ap :droved by the Board. ed. of the County of----------- C-@xJ£ ------------------------------------ and St -ate of_ -------------- 11,1X® %-------------------------- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the "City"), under and by virtue of an Act of the General Assembly of the State of Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 19o5, and all amendatory and supplemental acts thereto: Witnesseth, that -the contractor covenants and agrees to imipr.ve Leer Street from Lixvelx Way East to South lixe. of Calvert Strec; ix the City of South Be -Ad, Ixdiaxa. at and for the following prices: 1100 fix. feet. of curbing per lix ft.............. • ...$.25 2285 au. Ards. ' of grailing, per cu . yd.:................ . .65 12 stern grates, each.................................7.50 275 lix. feet of cexduit PiPbv per lix ft............. .7 Resett ixg 27 i 1*ts, each .............. , ............ 2.00 Resetting 7 VanhslOss eaek. ...:.... ..................2. 00 400 lix. ft. pf xargixal° ourb, per lix _ft..-.... ... ... .25 7300 sq, yds. of Trixidad Lake Skoet Asphalt pavem*xt per sq. yad....................... , ....1.85 and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No.-----497----------- ---- adoptedby the Board of Public Works-- reh_--fth-2-9�7 and the plans, profile and specifications on filein.the office of.the Department of Public Works, which said resolu- tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length: The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised; that he will. properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that -in the event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify afld 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 if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof ;to file with the Board of Public Works a bond with sufficient surety -thereon :and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury ordamage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of theworkprovided for in this contract, or the payment thereof, shall not constitute'a waiver on the part of the city of any of the provisions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used.or furnished to be used in the making of such " improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, ' successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the ' contractor or his .assigns, or out of the amount due, him or his assigns upon the completion of the work, so much as may be necessary to pay all laborers or material men for 'amounts' due them for wok done or materials use&or furnished to be used in the performance of this contract and the doing of said work, a" ,county treas- - urer,, acting as city treasurer, may retain money collected from -property owners assessed for's id improvement to pay such debts" br until the contractor shows that they have been aid or sans w___ The contractor agrees to remove all rubbish, earth, and unused material in the streetsor sides thereof, upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contra . ct on or beforethe- ----------------------------------------------------------------- ------------------ day of.- ------ -------------- -------------- ---------- ------------------- -- 19 -------- unless the time for the �ompleition of the same shall be extended in writing by the Board of Public Works. And it is agreed that any such extension of time, or any alteration of this contract or of the - manner or method of doing such work shall in no way: affect the duties, obligations or liabilities of the contractor, or his sureties. 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 written consent of the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer- enct, in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. 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 itself, and the re- spective successor or assigns of such parties. hereunto set our hands IN TESTIMONY WHEREOF, We, the foregoing named parties, this----------------- 10th ---------------------- day of -------------------- MKY --------------------------------19 ---- 17 CITY OF SOUTH BEND, INDIANA, By--------- ------------------------ ------- A-.F H-,---R-10E r----------------------------- ------- JM--B_n4ER ------------------------- Its Board of Public Works. W_.---Br---BRAaY --- GGNSTRUCT-ION --- GO-i ------------------ ---- BY__T..__B,_-BRA-DY --- --- Pr*s 4A**t-; ---------------- -Contractor. CONSTRUCTION BOND Know A men by these presents.,, That we__X.___-B_---BRADY --- VNNSTRUOTTGN --- GO.MPANY ----------- State ----- of the County or---------C9-k------------------Of----------- ----------------------- - as princi- pal, and------- ------ THE--AETRA--AC-C-IDtgt--&--'T-,!A-9-ILI-T-Y-- -0-'OMPANY --------------- ---- _7_77 --------- -------------- ofthe County. of------ --------- - -------------- ---- ----------------- ------- and State of ------------------------------------------------------ as sureties, are held an - A firmly bound to I the City of South -Bend, Indiana, in the sum of ------------ Dollars 7 858. 0 0 ------- SEVEN --- THOUSAND --- E-I4RJT--M­DRj3�1-D -A _D --- EfGI'T ----- d severally lind ourselves, for the payment of whid- ffelLand trul io te____NJPeW,,A - jointly an our heirs, executors, administrators and assigns,,' firmly by these presents. The conditions of the obligation are such . that if the above named ---------------------------------------- --- shall faithfully, comply with, the foregoing con -tract V._-B.._RRADY- --- CmON&T-RUCT-1GY -�-001eklff made and entered into the------- ------ 1-@tU.* ------------- day of ------- ------------- -- ma-7 ------------------------------- 1 19­17_� with the City of South Bend, Indiana, and shall fulfill all the conditions :and stipulations. therein contained, according to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City - shall extend the t e time for the completion of said work, such extension shall not in any -way release the sureties on this bond. n This shall be a construction bond, and the sureties on the same shall not be held resp6isible 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 faithful compliance with all other conditions, stipulations and requirements covered by or set out in the contract. WITNESS our hands and seals this ------------- 1-0th --------------- day of ---- -------- M__Ikwy ------------- 919 --- 1-7 __G ,(SEAL) --.W----B-.---BRADY --CO-NaT�RIICTIQN --- (MAPL�" THE.AKTNA__ACC-IDEN-T --- & --- LTAK-L-1-TY G by Willi m E. G*ltz BY :1!. B. BRADY, Pr*e'#*Xt. `EAL) ------ (SEAL) ------ - ---------------------------------------- ----------------- ---------------- Att*rx*y ---- a -et -------- Att*st: Fr*pk- H. 1DU&k** A6&�K-ix fact. ------t Ine above bonXXa appi-bve is------- 1 5t It 0 - ---- ------------ day of --------------- Icy_---------- - 1 - 19 ----- ------------------------------------------------ -------- Aw ---- ]I-; --- R­1GR ------------------------------------------------------- ------------------------------------------------- ------ Ward of Pubff6 Works. 558 Continued. Public Improvement���ract THIS AGREEMENT;: Made and entered, into this______---1Qth.- ________ ________ _:___day of $ ------------ -- -------- --- 19-1-7- by and between Hoban & Resek of the County of_ --------- .St_.-__Jss_e-p_3-K--------------------- and State of ------- Snd4"-- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the "City") ' City"), under and by virtue of an Act of the General Assembly of the State of Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to cexstrue t pipe sewer ix FOX_ Straet from Miami Street to Dal& A` C-Rue, in -the'-.,City of Soutla 455 lit. foot of 12" pipe sewer, per lin ft... .....$ 1960 140 lix. feet of 8" pipe sewer, per lip. ft.......... .50 224 lix. feet of 6" a oxauit pi e, -per lix ft ........ . 65 24 lix. feet of manholes, per in 3't.........'....... 4.00 6 storm wager grates, 5.00 2 manholes, curbs ant covers, each......... ,... 11.0( and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. ---- 5-01-------------------- adopted by the Board of Public Works ---- Mar-ch__27.,1917 and the plans, profile and specifications on file in the office of the Department of Public Works, which said resole tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in, the prosecution -of said work all proper skill and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the event of .any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing- out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from. all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the ptndency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file - with the Board of Public .Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the .surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the_last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for -all labor and materials used or furnished to be used in the making of -such improvement and in the performance of this contract, whether done or furnished for him, or: his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount due him or his assigns upon the completion of the work, so much as may be necessary to pay all laborers .or material men for amounts due them for work done or materials used or furnished to be used in the performance of this. contract and the doing of said work, and the countytreas- urer, acting as city treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied. e contractor agree§ to, remove all rubbish earth; and unused material in t e streets or sides t ereo upon the completion of the improvement or the tepairing thereof: The work of making such improvement- shall be completed according _to thelterms` of this `contract on or .y before the ------------- -- --- -- --- - ----- > -------=-day of -- ------ - --- - - ------ ----- ---- r9 ----- unless the time -for the completion of the same shall be extended in writing by the Board of Public Works. And it is agreed that ' any such . extension of time, or any alterationof this contract or of, the manner or method of doing such work shall iri no way.affect the, duties, :obligations or liabilities of the contractor or his sureties. 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 written consent of the Board` of Public Works: It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and J. !� paid'to said contractor in the manner fixed by the statute governing the making of such improvements. . .A 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 itself, and the re- spective successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties,- hereunto set our hands this----------------- 10-th--------------------- day of ---------------------------- MA-Y --------------------------- 19-17, . CITY OF SOUTH BEND, INDIANA, By-;-------E-.---.M,--MORIz -18---------- --------------- gRIOE----------------------------- 1 -------------------- Its Board of Public Works. CONSTRUCTION BOND Know .all men :b these resents, That we_______ _______ HOBBAl4__&_ROACH--___ ---------------------------------- y _ P of the County of------------at-----`3®s*pkt State of_ = a - ------ - - --------� as princi- pal; an J A1RI--tIRETX OPAN__IIF`_I+TE�1__QRK -- ------ -- ----------- - ---- - ofthe County of - ----- ------and.. State of-------------------- ----------------------------------- as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of____________ I►'tz�dl�1 ' .�.. _____ Dollars ($ 546.00 ), for thq_ payment of w iicli, we .and truly, to be made, we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents: ' The conditions of -the obligation are such that if the above named _____ ______ _____ ________ ______- _- --_, __- ____ _____ ________shall;. faithfully comply with the foregoing- contract, made and entered ' into ° the- =----10!VX-- -----day of --- ----------kay------------------------------- with the City of South -Bend, Indiana, and shall -fulfill all the conditions and stipulations therein contained, according to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall ex -tend the time for the completion of said work, such extension shall not in any way release the sureties on thisbond. This shall be'a'construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be -held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set 60t in the contract. WITNESS our hands and seals this -.-.-_____-. -__day of -------------- _ May _____---_-_- 19.17. AVERICA19 SURETY COMPANY OF NEW YORK BY FRANC1S--- E;,---LAWERT --------------------------------- (SEAL) --------------------- R® h----(SEAL) ----Rss-iatet--i�iee-- P� i�ext -(SEAL) :;-------- b d R s h-:(SEAL) Attest: R- :P IIU]kta ®s: Res nt ist 7 e above bona approvel inis__5 --------- t-h. ------- day of ----- --------may ------ - -------------------E•----__'tQRRIS-------- -- ------ [560 of the County of St. Jos*ph Idiee,xu. -- -and State of - -- --------------------------------------- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Woiks, (hereinafter referred to as the "City"), under and by virtue of an Act of the General Assemh y of the State of Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 19o5, and all amendatory and supplemental "acts thereto: Witnesseth, that the contractor covenants and agrees to a oxstvuo t T)ip e Sewer is. Dei%ld 8tr`eet f ' em Viemi Street frx to Dale Ave &, "- ie ,the C it of South Be3i.il,` I tdiar-a. at aiid for the following prices:— 455 lia. feet of 12" pipe sewer, per .lia ft............. 1.55 100 lin feet. of 8" pipe- sewer, per lip ft.........; .... 050 224 lie.. feet of 6" eonduit pipe, per lip f't.......... .65 21.4 lie.. Feet of zaxholes, per` lin ft. ...... 4.00 4 stern water grates, each .................. 5.00 2 manholes, curbs azit covers, each.... , ..... ........ hl.:(i� and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No: ----- .. ___________ __ adopted by the Board of Public Works_'_.X$r-z- h- _2�_--�_Q1'�- and the plans, profile and specifications on file in the office of the Department of Public Works, which said resoru tion, plans, profile and specifications are made apart hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the event of any injury or damage resulting from the work or resulting from any matter or thing connected. therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify And save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or -actions. And if rwithin ten days after any such action is begun, the city shall notify the contractor of the pendency thereof., then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, a's to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file with the Board of .Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such. repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the ,provisions of this contract, nor shall it release said contractor or the sureties on: his bond for the faithful performance thereof; nor shall the acceptance be prima facie evidence of`the performance of any provision of "this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in'the making of such -improvement, and in the performance of this contract,: whether done. or furnished for him, or. his agent, assignee, successor or `"subcontractor;. and _the city may reserve out of `any allowance made on any estimate in favor of the - ti contractor or,.is assigns, or out of the amount .due. him' or his assigns upon- the completion of the work; so much ,as may be necessaryao pay"all laborers or ma"terial men for amounts dne them "for :work done or ;materials , used or furnished to'lie used in the performanceof this:contract and the doing of said' work, and `the county tre _ urer,-actmg.asci"ty "reasurer; may retain money collected from property owners assessed for said improvement r tom. sy ch_debts_ or unti1L a con�t A- for shows."t • at:the have been na}d��t s tisfi�d The contractor agrees to remove all rubbish, earth, and unused material in the streets or sides thereof upon f the completion of the -improvement or the repairing thereof. The, work of making such improvement shall be completed according to the terms of this contract on or before the ----- - ------ - - ---- ------ ------ -------- --------day of ------ ---- ---- ----- - - 9------- unless the time for the completion of the same shall be extended in writing by the Board of Public Works And itisagreed that any -such extension of time, or any. alteration of this contract or of the manner or method of doing: such work .shall in no way affect the duties, obligations or liabilities of the contractor or his sureties. 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 written consent of ' the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. 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 itself, and the re- spective successor or assigns of such parties. IN "TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this -------------- _0U=-•------- -- -F--da of -------- ------ 947_1911 ---------------- I -H0BAN--&-=1Z0Aiy-H---------------------------------------------------- BY__�fi� J_ RpOg---------------------------------------- - --- CITY OF SOUTH BEND, INDIANA, Contractor. BY ------------ .__.1L__MORRIS----------------------- ------- ; $,--- RICE-------------------------- J01--B-2BR ------------------ Its Board. of Public Works. CONSTRUCTION BOND" Know all men by these presents, 'ghat we-- ADBAN__&__ROACF_---- -- --- -------------------------------------- of the County of ST. JOSEPR____________ __ State of_-_-__---=-----INDIANA. , as princi pal, and--7--:A1+M] ICAN---!I7RET-X---GOj1PA -O --NEW_ _=YDRK - - . - - - oftfie `County of --- ------------------ --------------------------------and State of ----------------------- -------------- --- ---- as. sureties, are held and firmly bouud to :the City of South Bend, Indiana, in the sum of_-_----____- =V lv-e--1-iftoo-A 515. 00 for the, payment. of which, well. -and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, firmly" by these presents. The conditions of the obligation are such that if the above named ________ _________-_-__--_--_----____ -_-__-_ _-___ _-____shall faithfully comply with ,the foregoing contract, made and entered into "the-------= lBtYt.-------- --day of -------------- mm ------ ---- --- 19 17� with -,the City of South Bend, Indiana, and shall fulfill all the. conditions and stipulations; therein contained, according to the true intent and meaning thereof, in'all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shah extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be- a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such .sureties shall .be held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set out in the contract. WITNESS our hands and seals this___-_- __� 9t�-_•______ ________day of ____ ---------- y--___--__ ---; ta_-17. Amorican-Surety C•xpaxy of Now York` by ------- (SEAL) -AOBAN _ &__ROACH- ------- - -----------(SEAL) f.Res idext Vie* Idsxt. Attoaft _Hugl -R --D. aboa R�s ide-----(SEAL) BY M.J.ROACH-- ------ (SEAL) --- etary.�t Ashist xt Seer "The "above bond approved `this -day of ------- -Y---------- 19 1 E_. M. MORRIS ' 56.2 of the County of_------- St.-- J®8eph-------------------- _and State of-- ------ - -------------------------•---- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its 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 Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 1905,. and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agreeg to improve Broadway Street . fries. Ca,r oll Street to -High Street and Breatway: Street from; Lafayette Str4ot .to, Franklin Street, 'ix the City of South Bexi, Indiaxa. at Arid for the following prices :- 2750 Iix. ft. of concrete stretcher block, per lix ft..,.$,14 2751 cu. y4s. of grading, per cu. yel..................... .65 1277 sq. y1s. of 6" extra concrete bet. ties no. bit. 20 storm grates, each.........................:.;,.......7,5a 510 fix. feet of conduit pipe, per lin ft...... . .... ...... .68 Resetting 21 inlets, etch.... ... ....,... ...:......._.1y5 Resetting 5 maxh.eles, Each.... ...... , .. ............1.5fl 368 1-ix. f#,,--of,-marginal curbs per lix ft............... .25 9312 sq. yZs. of M*xicax Asphaltic eemerete, per sq. 'yd.':1.56 870 sq. yds. of Poston Block per sq. Ord................ 2.-24 Add 14 cents for mortar cushiox. and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. - --_--_�q 1--------------- adopted by the Board of Public Works--FAbr-Li�6ry---27y.� <}17. and the plans, profile and specifications��bn file in the office of the Department of Public Works, which said resolu- tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised; that he will properly guard and protect allexcavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the event of any injury or damage resulting from the work or resulting from any matter or thing. connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability' therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of said work or its construction, the said. contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents -or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against_ the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance. and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shill be subject to the same liability to the city and any other person for any injury or damage to any -person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the, payment' thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, nor shall it- release said contractor the sureties on his bond for the faithful _performance thereof- nor hall the acceptance `be prima facie evidence of the performance of any,provision of this -contracts- exeepIt to the -extent of entitling the contractor to -the contract puce therefor. ` The contractor.agrees to payfor all labor and materials used or furnished -to be used m;the'making of such imp. rovement'and= in"tEhe performance of -this, contract,_ whether done or _ furnished for him, or his agent, assignee, successor or subcontractor; and'the'city may. reserve out of any allowance made on any estimate m favor'of the contractor or his. assigns, or ;out of .the amount due him,; or his assigns :upon the completion of'the work; so E much as x lay-_ be necessary to pay all.laliorers or matenal men for -amounts dike -them for work done or materials ` used,or furnished to be used in the performance of this contract:and the doing of=satdwork, an"d the county -tress urer, acting as city ties""surer; mayretam:money collected from property owners assessed for -said improvement 4 10 pay such debts or until the contractor s. ow& that theme have been paid or�satisfied _ _ — -ow- --.--.c- - The; contractor agreese aT�r Q*'�l nosed rhaterial in the streets or sides thereof upon the completion" of the in 5 - _✓' Y y t The work it s� �� _ Q terms .-of this contract on or before -he ;: - - � ---- -- -- --- _- --- t9 unless the time fo �lre eepYmttng,by the -Board 'of Public Works. And it is agreed that any =such extensrn trine, or any erasion of this: contract -or 'af the manner or method of doing such work 1 n shall 1o`;-way affect -the duties,:obligations-or.liatiihties-'of the"contractor or his sureties. 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 written 'consent of the Board of Public Works. It is further agreed -and stipulated that -the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. 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 itself, and the re- spective successor or assigns of such parties. v IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this ----------------I-0-th:---------------------day of------ -- May 19i-r---------------- 19--------- ---------------film---9��st-err�--e-s��tict -ice--�®-:-- Fret Raxkert. --- ----- -- - --- ------------- CITY OF SOUTH BEND, INDIANA, Contractor. By- ------ EA _ -M._._ IS koRR --------- A. H---RIC-E----------- ---- ----- ---- ---------- Its Board of Public Works. CONSTRUCTION BOND Know all men by. these presents, That -we ---------- THE_ -DIES -TERN --- CONSTRUC.TI0X_.C-0 PANY-------------- of the County of --------- ______ ________ State` of_-----_-------- ZAd tim ------------------- as pr nci- pal, and-------- THE__ARTNA__AjaC-ME-NT &=.L.IAB_ILSTY___C�a PANY-------------------------- of the Corinty of ---------------------------------------- ----------and State of -------------------------------------------------------- as sureties, 'are Held and firmly bound to the City of. South Bend,' Indiana, in the sum of _--_____-__ Tiny--- Thalua.-_Fivft-_humdr_enL_anoL-fift-y--p-ight-------------Dollars ($ 99558.O0 }, for the payment of which, well;.and truly to be" made, we Jointly and severally bind, ourselves, our heirs, -executors, administrators and assigns, firmly by these presents.' The conditions of the obligation are such that if the above named----- -------- - THE_- TF,Rg--C-BNSTR-UC.T I -N--P,p A-Ny --shall faithfully comply with , the foregoing_ .contract, made and entered into the----,-., - -- --- hr - -- y ----- - g9 -� , pt_ day of with. the City -of South- Bend; Indiana, and shall fulfill all the conditions and stipulations therein contained, according to the true intent and meaning thereof, in all respects; then this obligation to be ,void,. -otherwise to be and remain in full force and virtue in law. In the event the said City shall. extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This hall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it been accepted by the second party, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations. and requirements covered by or set out in the contract: �ti day of ' -----May------- 19-: 7- WITNESS our hands and seals this _______ -___ - tb,-_ ____ -___ THE AETNA ACCIDENT & LIABILITY C 0 - ) = ---- --t FI --1 T-ERN-- G I' 3 T' I EAL) BY XILLIAs GEY,TZD. A rxoy iR I. - -(SEAL) ATTEST- FRAN-K--A � -7-DURNARM-- Att`a-rig�i) fact-.- ---- FRED� ,VM�T -- - The above' bond approved this-------=---L5-th day of----------- '-may------------ 19 L, --------------- E.-QRRIS----------------------------- --- -------------------- --- --- ------------------------- 564 _ Public Improvement Contract THIS AGREEMENT, Made and entered into :this ___-_ __--__ Wit. _____ _________ ________day of_------------ 191 --------------------- 19------- by and between Tko West erx t�oxstruct ion Company of the County of-------------S_t.__-J_sm*pb-------- -------and State of ------------ I.diavA---------------------------- - (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its 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 Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 1905, and .all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to improy• Barr i on,. Aveaue frow Li3aeoln Way West to Fuerbringer'.Street, in the City'. of South Bead, Ind iaxa . j at and for the following prices:— 463 cu. yds. of gradi-vg per cu. yd.................. ,70 Resetting 2-inlets, each ............................ 1.50 Resetting 1 manhole, ... 90 1.50 38 lix. feet of marginal eurb, per lip: ft...... , .... .25 1770 sq. yds. of Trixiaad Sheet asphalt pavement per sq. yd....................... .. 187 j f i .and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. -- _--_-----4-5-_-------, adopted by the Board of Public Works--Fehuar:.Y--27,-1917 and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu- tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all -proper skill and,care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will j use all due and proper precaution to prevent injury to any person or property; that in the event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability j therefor; and in the event of any claim or claims being made or any action or actions being brought.against the city by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against - the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. j And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the l period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file 1 with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city .and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance: thereof; nor shall the acceptance be prima facie evidence of the performance of any provision o£ this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for -all labor and'matenals. used or furnished to be used_in the-making;of such improvement and -in the performance of this contract, whether,done.or furnished for him; or his Rgent� 'assig s: cce_ssor or subcontractor; and the city may reserve out of any allowance made:.on any estimate m favoof t :e tractor or" his assign"s, or -out of the amount due .him ohis assigns upon- the completion of the work,`so I ch`as may, be necessary to pay all laborers or material men or amo"m due them for work done or,materials' w ' d or`furmshed to he used in the performance of this contra' and the dome of said_:work, and the county treas- _ virer; acting as city, treasnser; may retain money collected from property awn�rs assessed for said improvement to paXtEh, s or°intil the contractor shows that they have been'paid or satisfied . _ _ � — = T'fi contractor agrees to remove all rubbish 'eart ,and unused inaterialJin streets or 'des pup - the completion of the improvement or the repairing, thereof. The,, of making such improvement shall be completed according to the terms -of th-ontract on or before the --- --- --- - ------ - - --- ----day of ------ - --- ----- 19------- unless the tiine`for the completion of the .same. shall be extended in writing by: the. Board of Public -_Works. And it: is agreed' that any such extension. of -time, or any alteration of this contract or of the manner or method of doing such work shall .in no way.affect the'auties� -.obligations or liabilities of the contractor or his sureties. 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 written consent of the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms v of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and the re- spective successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this---------------- 10th--------------------- day of --------- --'----------- y---------------------------- 19 ---- 17 THE- STFRN--- CON&TSUC ION--GOMPARY---- ------FRED-_BANKERT---------------- --------- ------------------ CITY OF SOUTH BEND, INDIANA, Contractor. By -------------- E.___J ___VDRRIS------------- ------ ----Av - H:. --- RICK ------------------------ --- ---- OHN---B--- �- $$ I{------ -------- Its oard .of YuLlic Works. CONSTRUCTION BOND Know Alen by .these presents, That we----------TRE _'__1 ,,,S=q RX__C_ONSTRUCT-IOAi--CO-----•------- of the County of--------------&T_,__-JDSlsl_H ----- State of-------- ` T-ND-IANfi : ---------------------- as, prince - pal, and=- ---ACC-MENT--&--I;iA$IT-iITY__COIPAIM--------------- of the County of---- --- ---- ---- ------------ -------and State of sureties, are held and' firmly Bound to the City of _South Bend, Indiana, in the sum of ------------ .__.-ORE __ THQUSAHD__EMHT__fiIINDRPD--AN.D--1' I'--y---p-E1 R _..Dollars ($ 4844. 00 ), for the. payment of which, well and truly to be made,, we jointly and severally Dina ourselves, our heirs, executors, administrators and assigns,- firmly by these presents. The conditions of the obligation are such that if the above named __ _________________________________ Tle.st*rx C•s Cruet-i®x__ C�xNAxg___-_shall -faithfully, comply with the foregoing contract, ,made -an"d entered into the -------loth------------- ---day of--- -- ---` ----- fit--- ----------- y917- with the -City of South Bend, Indiana, and shall,fulfill;all the conditions and stipulations, therein contained, •according. to the true intent and meaning thereof, in all respects; then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City .shalt extend the time -for -the completion of said work, such extension shall not in any way release 'the sureties' on` this 'bond. 'This. -shall be a construction bond, and the sureties on the same shall not -be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, -but such sureties shall be held responsible♦ -for the faithful compliance .with all other conditions, stipulations and requirements covered by or. set out in the contract. WITNESS J r hands and'"seals this ---_- _. __216th.7---- day of ----------------- .>1AL.y------------- 19 - 1-7 THE AETNA ACCIDENT & LIABILITY C -The (L�;z W*at*rx�eaatr�Qt ox- ___�$iI1A £ {irT�Fr�t Raacsrt.AttemA ix �AL)---- (SE - The above bota d4iaet 4- da of 19 �':---------- y -� ------------ >, ll ---------------------------------- f'. of the County of ------------- Aat ----- T ��--------„-------and State of--------- Izd_Js&&-------------------------------- (hereinafter referred to as the �o�ifractor ), 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 Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 19o5, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to improve Ist. alloy west 254 cu. yds. of gra,dixg per cu. yd.........:....... .'7b 640 sq. yds. of 7" coxcrete pavement, per sq. yd..01.49 and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. ---------494---------------- adopted by the Board of Public Works_-'- Ab..----2791917,E and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu- tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised; that he will: properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent inj.ury to any person or property; that in the event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there- from, to any person or property, .he will pay and liquidate the same at his own expense, and assume the liability therefor; arid -in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of said work or its construction; the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if ,within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said .improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is, further agreed by and between said parties that the acceptance of the work provided' for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of, the provisions of this contract, nor shall it release said contractor or the sureties on his bond for.:the faithful performance thereof; nor shall the acceptance be prima facie evidence of''the .performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be -used" in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee,.`- successor or subcontractor; and the city may reserve out. of any allowance made on any estimate in favor of -the, g contractoror his assigns, or out of the amount due him or his "assigns upon" the completion of the work, so. much as may be necessary to pay all laborers ox material men for_rn amounts due them for work done or materials, used or furnished to be usenced.in the performaof this -contract ---and the doing of said work, and the county treas- urer, acting as 'city treasurer, may retain money collected from property owners assessed "for .said' improvement to _ply _such debts or until the contractor_ shows _that thev, have hep aid or. 567 Tuesolay Vay 15th.,1917. Continued. The contractor agrees to remove all rubbish, earth,. -And unused material in the streets or sides thereof upon the completion of the improvement or the repairing thereof. The I work of'making such improvement, shall be completed according to the terms of this contract on or before the ----------- -------------- ------ ----------------------------------- ------------- I --- day. of --------------------------------- --------------------------------- 1 19 -------- unl.ess- the time for the completion of the same shall be extended in writing by the Board of Public Works. And it is,agreed that any such extension of time, or any alteration of this contract or of the manner or method of doing such work shall in no way affect the duties, obligations orliabilities of the contractor or his sureties. It is agreed -that .the contractor shall not assign -this contract, or sub -let the work or any part thereof to be done hereunder, vy.ithout the written consent of the Board of Public Works. It is further.4:greed and stipulated that the contractor shall give to residents of said city and county prefer- - ment of all labor necessary in the performance of this contract, and failing to do, so, shall for- ence in the employ feit 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 don . e and per- formed by said contractor the said city agrees to causkthe cost of doing such work to be assessed, collected and paid .to said contractor in the manner fixed by the statute governing the making of such improvements. 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 itself, and the re� spective successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this------------- 14tk ------------------------- day of --------------------- W, ------------------ 4 ------------- 1 19_11. ----------------- KARRY --- N_---BA.RNFZ ------------------------------- --------------------- ---------- ---------- ------- ------------------------ -------- ---- CITY OF SOUTH BEND, INDIANA, Contractor. By -------------- B_; --------------------- ----------- A-,_--H-,--R-1C9 ------------------------- ----------- --------------- Its Board of Public Works. CONSTRUCTIONBOND Know all men by these,presenls,, That we -------------- 1L-___X___BAR1JES of the County of. -------- sT_.___J_0SEJM ------------- -- State-, of --- ------ DMIANA --------------------------- as princi- pal, and-- JQEM__V= --- 1EYERS__A1M___T§ ---- C`_,__BARNSS. ------------ of the County of-- ------------ ---------------------and State of -------------- I-A411011ts as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of ----------- Rive-ALUXtroA --- ant--s-iXty --- 566. 00 for the payment of which, well and truly to be made,, we 'jointly and severally bind ourselves, our -heirs, executors, administrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named____________________ _____ I -------------- ----------------- ----------------- --------- shall faithfully comply.with the foregoing contract made 'and entered into ,the ---------------- lAtli— I --'-.-day of--- -------- ----- --------- herein with the City of South Bend, Indiana, and. shall fulfill all the conditions and stipulations theren contained., according to the true intent and meaning thereof, in all respects, then this 'obliga : tio' n to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on ' this'bond. This shall be a construction bond, and the sureties on the same shall not be held ible for the maintenance and repair of the improvement after it has been accepted by the second but such sureties shall be held responsible -for the faithful- compliance with all other conditions, stipulations and requirements covered by or set out in the contract. WITNESS our hands and seals this_-- ------- 14t-h'V' --------- ----- day of --------------- V&Y --- 1-917-1 19 ------- - ------- RA-RRY- --- N -------- BARN -Es ------------------------(SEAL) -------------- J0-HN--Vi---JC_yE_R& ----------------- I --- (SEAL) "-7 -------- --------------- (SEAL) ------------------------------- ---------- ------------------------ (SEA L) The above bond approved this__ _____- 15th --------------------- day of__ ____ Y -------- -------- i9-17— --------- Ei --- Vi ---- Wpm ---------------------------------------- I --------- Av --- H_,___R_I_CK ------------------------ I --------------------------- - --------- T01W--3-,---VXBER -------------------------------------------- Board of Public Works. 568 J ofthe County of----------- — ----J ®s � ph -------------------and State of_----I»d I'm •----------------------------------- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its 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 Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractorcovenants and agrees to impr eve VaT ious Streets in the C its bt c e struot ion of gr de, curb and walks. at and for the following prices:• - Curb ixg. por lip ft ................... .....*"Olt* 027 Graol ing, per cu. .Y4.......... 0 ............. .... .6o Cement walk, :per sq. Ltd ..........................l2 and to -perform all work' in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No ---------- 499------------- , adopted by the Board of Public Works_ rOh _27:_�917 and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu- tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised that he will properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in tht event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and will pay -any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten daysafter any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file With the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it is further. agreed by and between said parties that the acceptance of the work provided, for in this, contract, or -the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, not shall it release said contractor or the sureties on his bond -for the faithful performance thereof; not shall the -acceptance be prima facie evidence of the performance of any provision of this contracts except to the extent of entitling the contractor to the contract price therefor. The contractor agrees ;to pay for all labor. and materials used or furnished to be used in the making of such impr�ement and zn. the performance. of this contract, whether done or furnished for -him,: or his agent, assignee, su'ccesso'r-or subcontractor; and the city may reserve out of any allowance made on any. estimate -in favor of the _;contractor or his. assigns, or",outof the amount :.due him or his assigns upori'tht., mpletion of the work, so much as:rnay lse necessary to pay -ah laborers or material men for amounts due them for work done or materials used or furnished to be -'used in the'perfotmance of. this contract and the doing of said work, and the county treas urer, acting ,as, city treasurer;: inay retain, money collected from :property owners assessed for said improvement to nav such. deht`s or until the contractor showsthat they have been; oaid or;satsfied. 570 The contractor agrees to remove all rubbish, earth, and unused materi Tin he streets ^' e the completion of the improvement -or the repairing thereof. Tlie work of making such improvement shall be completed according. to het. -terms 'of this confr-act'on or before the -_- - - --- -------- ---- `-------= --- --day of- --- ---- ----- i9 -- unless the time for the completion of the same shall be extended, in writing by. the Board of Public Works. And it is agreed, that any such extension -of time, or any alteration of this contractor of'the manner'.or method of doing such work shall in no `way affect the duties,. obligations or liabilities of the contractor or his sureties. 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 written consent of the Board. of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said city and. county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected_ and paid to said contractor in the manner fixed by the statute governing the making of such improvements. 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 itself, and the re- spective successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands Tuesday V,y 15th. ,1'`17. continued. i, ____ _,___v_,--- _M_x 4______________________________1 swear that ! own real estate in at. Josepn k;ounty, atate of Indiana; of which I`am possessed in fee simple of the value of ____y-.I:__T-31L-USAND------- , _Dollars e,ver and -above my indebtedness and the exemption allowed me by law, as I believe, so help meGod. t >----------------------J IYEIt---------------------------------- Subscribed and sworn to before me the undersigned Notary Public this 14t-h+--------------------- day of-----=--------�----=-------------------- --- -----= 19--'X7• My commission expires-ju1y--2 0-1=1-9111!------ = - --- V'er_ Notary Public. STATE OF INDIANA, ss. St: _Joseph County I,-___AAl?RY._%•=--BRNES ------- --------swear that I own real: estate St Joseph County, State of Indiana, of which I am possessed in fee -simple of the value of _AN- __THpUsAN-D__ __ ___________Dollars` over. and above my indebtedness and the exemption allowed me bylaw, as I believe, so, help me God. ------- ------ ------=--- -- ---= ubscFibed and` sworn to before me, the undersigned" Notary Public this day of_ --------- M&Y------- ---------------------------------- 19 --- 17 WITNESSmy hand and official seal: lt�ycortirnission expiresuly_ 2a 1�18=-----------Ve-�a-.ie_ _�__-S�e�----,- ----- - -------- St Joseph County • J; swear that I:own real estate:n St. .Joseph County, State ' Y of Indiana, of which I'am:possessed in fee simple -of the.value of_-__FiFi'F€(3€AIBi}- Dollars over and above my indebtedness and the exemption allowed me by law,I ; as believe, so help- me- God. - ------------------- Subscribed` and sworn.''to before me, the undersigned Notary Pibhe this______ day of WITNESS larFd and official- seal my';' . ` - -- My commission expires _J. _ t�th� 1918. _-- ____-- * - _ �r-= - _ .—Votarv_ubIic, 1'CS QCi1 e 15-72 .Board met in regular session. at 7:45 P.14 VS. E. M. Dorris absent, Ur. A. H. Rice Acting Presijautt Nearing had on assessment roil and final estimate for Grade, curb, walk and gravel pavement on Donald Street from Michigan Street to Win Street, Under Improvement Resolution No. 445. In the , 01ty of South Bend., Indiana. In the above ratter a remonstrator appeared but no written remox- strance was filed. The Board therefore find that the property assessed in said rdils filed PAY 1st. ,1917 is belafitted in the amount of assessments as shown on 84 said rolls, and the Board further find that the assessment rolls filed Vvy lst., 1917 and the final estimate allowed Ray 1st. ,1917 should be and the same are hereby in all things, ratified, confirmed -and approved. Property owners residing can 'Sunnyside Avenue appeared before the Radrd and requested that a, light be placed on that street. The same was -taken r� under consideration, Property oners appeared before the Poard in regard to a petition for placing a, water main on Clifford Court. This matter was referred to the Water Dept. for Wednesday May 16th. ,1917 meeting. Attorney Junes appeared before the Board and discussed the width of the roadways in Harter Heights:, as a full Board was not present, this matter was deferred until Wednesday 4y 16th.,1917 at 11:30 A.M. . Board ordered that the Indiana, & Michigan Electric Company be notified to turn on all the lights in Various Parks in the City, ai.d to give this Beard a report as to the data that same Vero turned on.. Attorney L. J. Meyers representing the Chicago Lake Shore & South Bend Railway Company appeared before the Board and -resented the following contrast which was approved by the Board and referred to the Common Council for ratification. CONTRACT AUTHORIZING THE RIGHT TO CONSTRUCT AND MAINTAIN TRACKS ACROSS OLIVE STREET AND ACROSS A CERTAIN ALLEY IRS THE CITY OF SOUTH BEND BY THE CHICAGO, LAKE SHORE AND SOUTH BEND RY. CO. WHEREAS, the City of South Beni by a, contract approved by Ordinaries No. 1214, adapted by the Common Council of. the City of South Bend., %diazes on September 17,1903, granted to the'predeeassors of the Chicago, Lake Shore & South Bend Ry. Co., the right to contruct and maintain, a freight depot on Birdsall Street oh upoi any street or upon any street or avenue crest of Birdsall Street; and said cagpany desires to build an! maintain such freight depot upon Orange Street and in order that it may have access to and from such depot with its freight cars it desires the right and privilege from said City of crossing with its snitch tracks across Olive Streetm and to approach its freight depot ant yards by tracks leading from and to its main tracks on. Orange Street to this northward, both from the East and. the ?'Pest approaches to such depot and yards, so as to avoid any backing of its trains on Orange Street, WITNESSETH: - THIS CONTRACT, made and executed in duplicate on'the 15th. day of Vay 1917, by and between the City of South Bend, Indiana,, by and through its duly c anst ituted Board of Public Works duly authorized in the premises, and the Chicago, Lake Shore & South Bend Ry. C., a corporation organized under the laws of the State of Indiana. SECTION (1) The Chicago, Lake Shore & South Ry. Co., its successors and assigns is hereby authorized to construct and maiAtr in tracks for the purpose of connecting with tracks on property to be acquired by it facing and abutting on Olive Street, Orange Street and Fremont Street, to be used and maintained as a Freight depot and yards an is also authorized, and the right is herein granted, to construct Rnd maintain three tacks across Olive Street in, the working out of its plans for the construe ion of such depot and yards leading from a lead -track across Carlisla- Street-over and across property owned by said railway company and the intervening alley and is also authorized to construct such leads from its main track in Orange Street into such depot and yards across Fremoxt Street ate as to avoid the backing of any Freight trains upon. Orenge Street when entering such depot and yards as far as practicable. 573 u art o inuea . SECTION (2 ) The said tracks shall' connect with its main track now being mainta.ineol on Orange Street. A 11 switch stands shall be kept out of` the limits of the roadway on.said street in making such connections. ` SECTION (3 ) The Cityof South,Ben.d by its Board of Public Works agrees to vacato the alley ruhning north Rnd south in the South hall' of the block bounded by Lawton Orange Fremont and Olive Streets and said. Railway Company. agrees to pay all damages, if any, assessed in favor of any person upox such vacation by said Board of Public Works. SECTZOIIT. �Q........ The construction and maintainance of the tracks within the limits of any street and alley, shall be governed by Sections Six (6) and Sevex(7) of said. Ordinance No. 1214, and shall be located substantially as shown on the drawing hereto attached. marked: " Exhibit A" and grade a. part i6f this contract. SECTION (5) ° The said Railway Company isalse granted the right to use three opEneixgs not to exceed twenty feet in width in, the space fronting on Orange Street in said halt block usutlly` Acbupied' by' th,:' pabkixg space, sidewalk and curb, as and far driveways in approaching its loading and unloading tracks and platform and freight depot, but such openeings shall a,lvays be maintained and paved to the satisfaction of said. Board of Public Works, SECTION (6) THIS CONTRACT shall not be binding until approved by Ordiriance of the Common. Council. CITY OF SOUTH BEND BY A. H. RICE JOHN B. WEBER Its Board of Public Works. THE CHICAGO, LAKE SHORE & SOUTH BEND RAILVAY CO. by F. J. LEWIS MEYERS, Gex. Council. ?esolv.d ,".by the Board that the contract approved under date o1\ Apr it 17th. 91917 is heveb;yy vfithdrawn anal is hereby rose inded. B ids For the pavement on Hoose Court as race ived May 8tk.,1917 were rejected on. account of high prices, and property owners desiring to put off improvements. De pe ape . Contract for sewer connections on Corby Street awarded to Bruno Acting President.