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HomeMy WebLinkAbout08/07/1917 Board of Public Works Minutes-73u Board met in regular session at 10:00 A.M. All members present. Bids were received opened and read. on Eddy Street & Misha��►aka Avenue Pavement improvement from Jefferson Blvd. to Centex of Nineteenth Street, under Improvement Resolution No. '544. Bid of the White Construct ion Company of Milwaukee, Wis. Walk per sq. ft................:...................1 curb, per lin ft................................... .20 grading per cu. yd................0................ .55 Storm water inlets, complete..eaeh.................7.50 8" conduit pipe, per lin ft........................ .60 Resetting inlets, each .......... ................... 1#50 Resetting covers, each....... .... .........1.50 Asphalt pavement,; using Naa,tural Lake Asphalt, per .sq. yd... $2. 02 Brick to pass s--)ec if icat ions per sq. yd.................... 2.17 For Concrete stretcher along rails, per lin. ft............ .15 For extra concrete between ties, per sq. yd................ .75 Bid of the Federal Paving Company, of Hamilton, Ohio, Walk, per sq. ft................................ ...$.14 curb, per lin ft..,.............................. .38 cement, curb and gutter, per lin. ft................. .45 grading per cu. yd.................................. .55 For concrete stretcher along street car rails, per lin ft...$.18 Extra 6 inches of concrete under ties of Street Car. wrack, per sq. yd..................................... $1.15 Sheet asphalt, using Trinidad Pitch Lake Asphalt per sq. yd.82.38 Sheet asphalt, using Mexican Oil Asphalt, per sq. yd....... $2.20 Standard. , Terre Haute or Brazil Block , per sq. yd........ $3.25 Sand Filler per sq. yd........................ $3.40 Asphaltic concrete g avement, using Trinidad -Pitch Lake asphki,t, per sq. yd....................................... $2.16 Using Mexican oil asphalt, per sq. yd............... ..... 2.00 Storm water inlets, each .................................. 9.00 8" conduit pipe, per lin ft ............................... .68 Marginal curb, per lin ft................ ................ .25 Resetting inlets, each....... 5.00 Resetting manhole, covers, each ........................... 5.00 pavement on Bids were received oniEddy Street from Mishawaka Avenue to Jefferson Blvd. under Improvement Resolution No. 539.- for Bid of Williston Construction Company, of Chicago, Ill., curb, per lin ft... * ............ * ......... 0 .............$ .30 grading, per cu. yd....................................... .75 asphalt pavement, using Aztec asphalt, per sq. yd......... $ 2.25 Brick roadway, type 1 for car tracks, using Ironstone repressed or wire cut per sq. yd.......................... 2.70 Using Standard or Streator Wire Cut ..................... Concrete Stretcher in car tracks, per lin ft.............. Mortar Cushion add per sq. yd............................. Asphalt filler add. p:!r sq. yd............................ 6" extra, concrete under ties per sq. yd................... Aspaaltic concrete per sq. yd............................. all conduit per lin ft..................................... Stormwater inlets, each ... .............................. Marginal curb, per lin ft...................... .......... Resetting inlets, each .................................... Resetting manhole, covers, each ........................... 2.72 .20 .15 .15 .90 1.95 .60 10.00 .25 2.00 2.00 731 Bids were received for pavement improvement on Mishawaka Avenue from Eddy Street to center of. Nineteenth Street, under Improvement Resolution No. 546. Bid of Williston Construction Company. wa lk curb, perin ft..................... ............ .........$.30 grading, per cu. yd...............................#........ .75- as nhalt pavement, using Aztec per sq. yd...................2.25 Brick roadway pavement Type 1 for car tracks using Ironstone repressed .or wire cut per sq. yd................ 2.70 Using Standard or Streator wire out.... 0 .................. 2.72 For Mortar cushion add per-sq. yd......................... .15 Asphalt filler ,'a_d per sq. yd........................... .15 Concrete stretcher block in car tracks per lin ft......... .20 For 6" extra conduit under ties per sq. yd................ .90 Asphaltic concrete using Aztec asphalt, er sq. yd...... 1.95 8" conduit pipe, per lin ft............................... .80 .Storm water inlets, each... ............................... 10.00 Marginal curb, per liaft................................... .25 Resetting inlets, each .................................... 2.00 Resetting.manhA covers, each ............................. 2.00 Bids mere received for a, pipe sewer improvement on Pleasant Street. Bid of Staples & Ackerman. 12" nipe sewer, per lin ft.................................$1.90 8" pipe sew3r, per lin ft................................ 60 6" pipe sewer, per lin ft................................ .75 Manholes, curbs and covers, each..... ... * ................ 15.00 Uanholet per ft. in depth ................................ 5.00 Bid received on pavement improvement on the lst. alley north of Washington Avenue. Bid of H. N. Banner. Grading, per cu. yd...................................... .77 Concrete pavement, per sq. yd............................ 1.54 Bid received and opened and read on Grading and curb irg of Portage Avenue. Bid of H. N. Barnes. Grading per cu. yd........................0............ $ .59 Curbing, per lin. ft................................... .25 Allot the a,b®vs bids were referred to the City Civil Engineer for tabulation to be reported on at 7:45 P.U. this 7th. day of August 1917. Communication received and read from E. A. Yung in regard to two poles located on the north side of the first alley north of North Shore Drive. The same was referred to the Pole and Wire inspector for investigation. Building Commissioner C. A. Perkins e,ppeared before th- Board in regard to hiring more inspectors for the Building Dept., also requested a leave of absence for Mr. W. D. Teeple Assistant Building Commissioner for a short period of time -on account of illness, the Same was granted. The Board instructed Mr. C. A. Perkins to secure additional inspector for his department and ons for Mr. Tee��e's place tem-ora,rily. T-h-e sal-avy th assistant inspector to be 490.00 per month. 73L city Cemetery Sexton f iled. f it-ai.e ia,l, report of the City Cemetery as per P . f or the month of -July 1917. '3uilding° Commissioner= filed• report, of• the• Building, Drpt. for the ninth of July1917, ,...... ...................... The South'Bend' dome Tel: ' Company instructed to reset a, pole ovmed by their company at 1412 Catalpa Avenue; to the north about seven (7) feet also remove the gay wire to.the-,south.so as to clear the driveway to garage at above number; Also ordered to remove a line of vacated pales on the east side of Scott Street from Wayne*Street to Divis,i'on Street. f Concerning °the -improvement °of °the roadway of Miami Street from Fox Street to North line of Ewing Avenue in pursuance to resolution No. 529 the Board finds that no petitioxl `hF1.8 'been filed with said Board by a majority in number of the freeholders residing on said streets to be improved requesting that it be improved with a. d ifterent kind ®f pavement than the kind .heretofore adopted by the Board in its prel,imJnPry,order; and the City Engineer reports that Western Construction / Company is: the lowest and best bidder for the kind of pavement heretofore adopted by the Board a.nd the Board `find 'that 'said 'W6stern Construction Company is the lowest abd best bloder ,and .11ereby Jet thj ,c,ontracG ,rqr said improvement to him, and orders that said improvement be made with Asphaltic Concrete and all proceedings hereto- fore had it this matter are herby confirmed •and ratified, E. M. MORRIS A. H. RICE JOHN B. WEBER Board of Public Works, Attested: - Veronica, C. Sweeney, Clerk of the Board ' Dated this '7th.' °day ,cif 'August 1917,'' Rxcava,t ion bead for, ,the -sue °of ,one ,Thousand Dollars signed by Arthur_ V. Meyers was approved-b.y the Board. S DEW JT RESLTThIO 0.e 544out ,Resolved ,by . the , Qa , ,u c , Works o e iy S h Bend, St. Jose h Count State,of Ind ana, hat£ is deemed necessary to improve Meade St., P County, from Elagood Avenue to -Thompson Street as follows, to -wit: -By gr.ding sa4id ,streot from property -line te'property line to theestablished grade, curbing the roadway wl. With cement curb and constructing cement sidewalk on both sides of said Meade St, all as is more particularly shown, and all in accsrdance,with the profiles, plans, detail dr4wings - and : peef is iations on file _ in the off ice ' of the department of Publd works f he C it o Sou h BB nd, I ' d iana The des of said imsrovemen including the .ebsT, or the s reet an alley intersections sha l be assessbd _u en the reaes- state abutting "on �aid'Meade °Street: •ali °according to the method anpd manner pro- V idedd for i a ett f h General Assembl of the 'tate of d iana, entitle "An act Goncerling unia pal Carp®rations, a proved ldarch 6,19 , and in accordance with and pursuant to the brovisions f all amendatory and supplmenetal acts therete passed by the General Assembly of the State of Indiana. Assessments, it deferred, are to be paid in ten equal annual installments w th interest at the rate of Six per cent per annum. A bond or bonds shall be i.3sued to the contractor in payment of such work, unless the property owners pay said assessment before said bond or bs bonds are issued. Under no circumstances shall the City of South Bend be ob be heel responsiblq f® a sum or oqums due from the o erty owner or owners for said work or 3"or the col ec ion elf the's8sie3, e}r'fe r th6'phSment of any bond, bonds, certificb or certifid t , iasued'to s id ontractor A i p e f© su,h wok exce t .fo such money as s ar1 have been actually received y iyime ty rem the 9sessmtnts rfor such improvement, or such,.moneys as said City is by sand above entitled act re- quired to pay. All proceedings had, and work done in the makingg of said City is by said above entitled Act required to pay, All procedings had l ati and work done in the ssuaic�fai on F here�or;;Sna�� a provi e�p ory3ncosa& aab®ve°an ecm�e son d amendments thereto, Notice oLthi resolution shall be published on the loth. day of Aug.1917 and on the 17th. day ®f'August 1917 in the South Bend Dily Trib7ne, Tbd Beard will give a hearing on t14is, resolution at its office in the City bail n the .21st. day or August 1917 at 7:45 P.M. Adapted this 7th. day of August 1917'. E. M. MORRIS Atte ed: a eroniaMark of l eeyboard. A. H. RICE JOHN B., ERR -President. 733 Board met in regular session at 7:45 P*M. All members present, A Hearing had on Improvement Resolution No 550 for Grading and curbing Campau Street from Arthur Street to City Limits, in the City of South Bend, India.na,. Upon said hearing no remonstrators appeared and no written remonstrance was filed.. And the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improve. -rents are equal to the estimated cost of the same, as reported by the City Civil Engineer , and thereupon takes final action on said resolution as originally adopted, and -the same is hereby in all things, rat i- f ied,c onf irmed and approved. Resolved further, that notices; be published or, the 8th, day of August 1917 and on the 15th. day of August 1917 in a newspaper of general ciroul=:tion in said City, stating that this Board will receive bids for the construction of said improvements, up to 10:00 A.M. pan the 21st. ,day of August 1917. The Board reserves the right to reject any and all bids. Hearing given on assessment roll and final estimate for asphalt pavement on Calvert Street from. Miami Street to High Street, under Improvement Resolution No. 489. In the City of South'Bend, Indiana. } In the above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the roll filed July 17th.,1917 is benefitted in the amount of assessments as sho,-n on said rolls, and the Board further find that the assessment roll filed July 17yh. ,1917 and the final estimate allowed July 17th,,1917 should be and the same are hereby in all things ratified, confirmed and approved:, Hearing had on assessment roll and .final estimate for pipe sewer on arine Street from Indiana Avenue to Calvert Street, under Improvement Resolution No.' aix3tyxi3�tk c, 454. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find that roll filed July 17th. ,1917 is benef itted in the amount of assessments as shown on said rolls, nd the Board further find that the assessment roll filed July 17th. ,1917 and the final estimate allowed July 17th., 1917 should be and the same are hereby in all things ratified, confirmed and approved. Hearing had on assessment roll and final estimate for asphalt pavement on Euclid. Avenue from La Porte Avenue to Lincoln Why West, under Improvement Resolution No. 468. In the City of South Bend, Indiana.* In the above matter remonstrators appeared but no written remonstrance was f iled. The' Board atlierefore f ind that the roll f iled July 17th. ,1917 is benef itted in the amount of assessments as shown on said .rolls and the Board further find that the assessment roll f 11ed ,July .17t�h..,1,9.17 the f inal eat imate allowed ,duly 17th. , 1917 should be and the same are hereby in all things ratif: ' confirmed and approved. Engineer filed assessment roll and final est ima.te for asphalt pavement on Leer Street from Lincoln. Way East to Calvert Street, under Improvement Resolution No. 497. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessm ants be published for six c ons ecut iv es days in the South Bend Daily Tribune, a ommenc ing on'the 13th. day of August 1917, stating that'this Board 'vill give a hearing on the amount of such assessments -at its office in -the City Hall on the 21st. day of August 1917 at 7:45 P.M, Resolved further, that the entire work under the above contract be accepted and approved and the final estimate thereon allowed.. Notice of this resolution shall be published on the 13th. day of August 1917 in the South Bend Dai.13s Tribune, stating that this Board will give a hearing on the ,.acceptance of such work at its office in the City Hall an the 21st. day of August 1917 at 7 45 P.M. Property owners residing on Mislaawaka Avenue appeared before the Board in regard to bids received on pavement on saidv and Eddy -Street, and requested that the Board adopt the -same type of pavement as was let for before. El The City Civil Engineer sub witted tabulation of bids on pavement on Eddy Street and Mishawaka Avenue from Jefferson Blvd. to Center fi Nineteenth Street, also on Pavementen Mishawaka Avenue from Eddy Street to Center of Nineteenth Street and Eddy Street from Jefferson Blvd. to Mishawaka Avenues and the following award was signed by the Board: on pavement improvement on Eddy Street and kishawaka Avenue from Jefferson Blvd. to center of Nineteenth Street. Concerning the improvement of the roadway fi Eddy Street and Mishawaka Avenue from Jefferson Blvd. to Nineteenth Street with asphalt, asphaltic concrete, Bitulithic or brick in pursuance to resolution No. 544 this being the day for receiving and opening bids, the. Beard at 10:00 ovelack. A.M. publicly opebed and read and considered all bids. And thereupon the Board designated Sheet Asphalt as the kind of pavement with which said street is to be improved and fixes the 18th. day of August 1917 as the time when petitions must be filed, and the Board hereby continues this matter until the 18th. day of August 1917 at 10:00 A.M. xxdxxit On the day above Named the Board will either pasts on petitions lab said contract, or reject all bids. E. M. MORRIS A. H. RICE BoardJOHN B. WEBER ' of Public Works of the City of South Bend, Indiana �ttested:� . Veronica C. Sweeney, Clerk. Dated this 7th.9, day of August 1917. The Street Commissioner was instructed to make the following improve - men ts. Fill hole on Michigan Street from Ewing Avenue to City Limits. Fix Por6age.Avenue once over (two months before the sever will be put e`� in). Nail planks down on the Portage Avenue viaduct. Complaint filed by 0. B. Johnson about water tap in ' alley at l310 v Mishawaka Avenue. Water Departmett notified to remove same. Partial estimate allowed L. H. Webster on Chestnut Street pipe v1 sewer at ... 55%. of. vivtLlc�. emo=ts. t©.. $635.60 Partial estimate allowed L. H. Webster on Olive Street sewer V/between Linden and Washington Avenues 65% of which amounts to .......... $1,060.21 Partial estimate allowed W. B. Brady Construction Company on Fuerbri,nger Street ,�65% of which amounts to...........................$1,161.55 Resolved by the Board that resolutions for pavement s on Eddy Street from Jefferson Blvd. to Mishawaka Avenue, under Improvement Resolution No. 539, Mishawaka Avenue from Eddy Street to Center of Nineteenth Street, under Improve- ment resolution No. 546 , Mishawaka Avenue from East line of Eddy Street to East line of Fifth Street, under Improvement Resolution No. 540 and MishQW2,ka Avenue from E. line of Fifth Street to center of Nineteenth Street , bids for which were advertised to be received at 10:00 A.M. th 7 h. day of August 1917 and all actionheretofore taken on said resolutions rescinded. The Board ordered that pavement improvement on alley north of Washington Avenue from William Street to Taylor Street should be readvert ised. as bid received at 10:00 A.M. was irregular. Advertise said bids on the 8th. day b of August 1917 and on the 15th. day of August 1917 in the South Bend Daily Tribune, bids to be received up to' 10: 00 A.M. on the 21st. day of August 1917. The Board ordered that pine sewer improvement or. Pleasant Street from 9th. Street to 8th. Street should be advertised for new bids as bids received at 10:00 A.M. this 7th; day of August 1917 were above the estimate. Advertise for said bids on the 8th. day of August 1917 and on the 15th. day of August (/ 1917 in the South Bend Daily Tribune, stating said bids would be received up to 10!00 A.M. on the 219t. day of August 1917. The Board reserves the right to reject any and all bids. Contract for the grading of Portage Avenue from Keller Street to City Limits was awarded to H. N. Barnes for the amount of $5,146.80 at prices j/ received at 10:00 A.M. this 7th. day of August 1917. Awarded with underAtand ing that work is not to be started until just before sewer -o&s in. 735 Pet it ion f or a 1 ight or, 'Michigan Street and Oaks ide was rejected., by the B oard . The Board approved blue prin��� sub mitted by the Grand Trunk Railway Syster. for new bridge over St. Lo-dis Street this , -`- J y� o replace bridge a<nd for single track purposes only i Solid water proof floor.. A PUBLIC Ilu1PR OVELENT CONTRACT. This Agreement Uade and entered into this 6th. day of August .1917 by and between Staples & Ackerman of the County of St, Joseph and State of Indiana (hereinafter referred to as the " Contractor," ) and the City of South Bend, in. the County of St. Joseph, and State f"India.na, by and through its Board of Public Works, (hereinafter referred to as the City,") under byd by virtue of are Act of thj General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations,' " spproved Marc'_ 6,1905, and all amendatory'a.nd supplmenetal Ahts thereto, Witn®sseth, that the contractor covenants and agrees to construct pipe slower on Dunn Street from Chapin Street to Scott Street, in the City of South Bend Indiana, at and for the following prices: 530 lin. feet of 12" pipe sewer, per lin ft................$1.60 130 lin. feet of 6" pipe sewer, tier lin flu................ .65 10" pippe sewer, per lin ft................................. .60 21 manholes,oper ft in derth ... .....o...................... 5.00 Storm water grates, each.. .............................. 6.00 2 manholes, curbs and covers, each..... .................... 14.00 and to perform all work in the prosecution of said_ improvement. under and, according -to the terms and' conditions Imprdvement Iesolufon�`No', -_ _-___- _ ,adopted by the Board of Public Works _ JSA�- 26. and the plans, profile and specifications on file in thle office of the Department of Public`Works, which'sa d�resolu tion, plans, profile and specifica ens are made a parthereofas fully -and -effectually as fw i rid s tout er ' 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, acid will use all due and proper precaution to prevent injury to any person or property; that in the event of anyainjury 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 actionsbeing 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, paymeflt 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 an, bond shallbe subject to the same liability to the city and any other person for any injury or damage to any person-6r 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 if 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 improve"merit 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 county treas- urer; acting as city treasurer, may.re 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. 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 work of making such shall be completed.;according to the terms of this contract on or before the ----- - - - - - ---- --r-day of---- --- -- --' 19 unless th,exiine.for.the completion of the same shall be extended in writing by the Board of Public Works. And it is agreed''th-at,any such extension of 6me,`or any alteration of this contract or of the manner or method of doing such work shall m 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 'hefeurid"er, 'wifhout fhe "writfen 'consent of the. Board of Public Works: ' It is'. further-agteed and- stipulated: that the, cofitrActdr'shall give to residents of said city and county prefer- ence in -the employment of: all- labor -necessary in the performance of thiscontract, and failing to.do so, shall for- feit to the city the sum of -ten dollars for each failure to observe this stipulation. performance `of all the terms and;; conditions of `this contract, ;and things to be done and - And -upon -the, per- . fortred by__said ,contructof the said city agrees to.eairse=the cost of,doing :Such work tobe assessed, collected and IN TESTI1fONn'WF�'REOP, 147e, the foregoing named parties , hereunto set our hands this 5th. day of August 1917. STAPLES & ACKERMAN BY S. U. ACKERMAN, Contractor. CITY OF SOUTH BEND, INDIANA, E. -1. MORRIS Its Board of Public Works. CONSTRUCTION BOND. Know all men by these presents, That we Staples & Ackerman of the County a'f St. Joseph, State of Indian.a as; principal and American Surety Com-any of New York of the County of State of as sureties , are 'held Rnd firmly bound to the City of South Bend, Indiana, in the sum of Five hundred and thirty three Dollars ($533.00) for the payment -of which, well and truly to be. Made, we jointly and severally bind ourselves, our heirs. , executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named Sta. les & Ackerman shall faithfully comply with the fogegngng contract, made and entered into the 6th. day of August 1917 with the City of South Bend, Indiana,, and shall -fulf ill •all .the .00rdit ions and stipulations therein x1thconta ined, according to the true �lntent .and .meaning thereof, in all respects then this obligation to be void, otherwise to be mn.d repair. in full virtue in law. In ,the event the said dity shall 'extend the tirsie `t6i `t'he 'completion of said work, such extension shall_ not ,in* any .Tay release tY}e sureties on this bond. i This'shall be 'a construction 'bond, and the sureties on the same shall not lbe held: rest®nisbie 'for trio 'r�a,iz�tenance and repair of the improvement after it has been accepted 1by the second party, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and require-- mentd covered by or set out in the contract. ?vitne'ss our hands and seals this 6th. day of .August 1917. AMERICAN SURETY C01!?PAT?Y OF NET YORK BY FRANC IS E. LAIZERT Resident Vice '4jresident. Attest:.. Hugh P. Dunnahoo, Resident Assistant Secretary. STAPLES & ACKEREIAN BY S. U. ACKERMAN The above bo3id &Dproved this 7th. day of August 1917. E. M. MO RR IS BOARD OF PUBLIC WORKS. OPUBLIC IlTROVEMENT CONTRACT. This AgreoVent, bade and entered into this 6th. day of August 1917 by and between Staples & Ackerman of the County of St. Joseph and State of Indiana, (hereinafter referred to as the " Contractor"), and the City of South Beni in the County of 8t. foseph, and State of Indiana, by and through its Board of Rublic Works, (hereina�rter referred to as the City"), under and by virtue of an. Act of the General Adl:embl.y of the State of Indiana, entitled, " An Act Concerning lk�unicipal Corporations, " approved March 6,1905, and all amendatory and supplmenetil acts thereto: Witnesseth , that the contractor covenants and agrees to construct pipe sewer on Howard Street from Notre Dame Avenue b St. Louis Blvd. in the City of South Bend, Indiana, at and for the following prices: 710 lin. feet of 12 inch pipe sewer, per linft.......... * 0$1.95 S" inch pipe sewer, per lin ft............................ .60 =264 lin. feet of 6 inch conduit piep, per lin. ft.......... .70 221 lin. feet of manholes, per lin. ft.....................5.00 Storm water grates, each...................................6.00 2 manholes, curbs and covers, each ........................14.00 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 c:�� __ b,_ .9. ]. an he plans, profile and; specifications `onfile in the office of the Department of Pub11c Wo klr which said iesglu - t1on,plans,.profile and specifications are made a part hereof as fully and effectually as If copied andsetout herein a, . full length. The contractor further expressly covenants and agrees that irk 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 claimor claims- being made or any action or actions being brought _against the cityby 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 notifythecontractor 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 aanount, liability ;and other matters.'pertaining thereto. And the contractor agrees toy 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 anyallowance 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 county treas- 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. The,contractor agrees toremove all rubbish,,earth, and unused material in the streets_or 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 contract on or before the---- -------- -- - --- --------- -------- ---------------day of------ - ---------------- 19-_-- 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 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 Ruch 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---------6t 1-1 - ---------------- --- -------day of---- ----- &193kat------- ----- ------------- 19--1.7__. S'I-APLES --- & AGM-R-1AN--------------- BY S. U. ACKERMAN - --- ---- -- --- -- ------ --- ------ CITY OF SOUTH BEND, INDIANA, Contractor. By -------- E :---M: --Mflf R1S---------------- ---- ------------- ----- ----------------------------------- Its Board of Public Works. CONSTRUCTION BOND. Know all mien by these presents., That we Staples & Ackerman of the County of St. Joseph State of Indiana,, and American Surety Company of New York of the County of and State of 1xittxxx as sureties, are held and firmly bound to the City of South Bend , Indiana in the sum of Eight hundred and fifty f i five Dollars ($855.00 ) for the payment of which well and truly to be made, we jointly and severally bind oursleves, our heirs, executors , adminstratorg and assigns , firmly by these presents. The conditions of the obligations are such that it the a ove namee Staples & Ackerman shall faithfully comply with the foregoing contract, made and entered into the Gth, day of August 1917 with the City of South Bend, Indiana, and shall fulfill all th conditions and sti )ulations therein montained, according the true intent and meaning thereof, in all respects, then this obligation to be void a.therwise to be and reman_ in full force and virtue in law. In the event the said City shall extend the time for hhe_ completion of said work, such extension shall not in any way release the sureites on this bond. c This'shall be a construction bond, and the sureties on the same shell not be held responsible fer the maintenance and repairs of the improvement after it has been accepted by they second party, but such sureties shall be held resn®ndible for the faithful compliance with all other conditions , stipulations. and requirements covered by er set out in the contract. WITNESS our hands and seals this 6th. day of August 1917. STAPLES & ACKERMAN BY S . U . ACKrRAhAN AMERICAN SURE"I'Y C014PANY OF NEW YORK. BY FRANCIS E. LAMBERT Resident Vice President, Attest: Hugh P. Dunnahoo, Resident Assistant Secretary. The above bond approved 7th. day of August 1917. E. M. MORRIS BOARD OF PUBLIC WORKS. LOCAL SEWER IMPROVELENT RESOLUTION NO. 555. Resolved by the Board of Public Works of the City of South Bend County of St. Joseph, State of Indiana, .That 'the construction of a local sewer, Intended and adapted only for local use by the property holders whose property abuts thereon nd no intended or adapted for, receiving sewerage from collateral drains, be endthe same is, hereby, drdered in and along Niles Avenue from St. Vdneent Street to Napoleon Street as follows, to-witL- Beginning at the intersection of the center line of Niles Avenue and St. Vincent Street-; thence northwesterly along the center lin of Niles Avenue to a point 7 feet southerly from the south line of Napoleon Street with,a 12 inch vitrified pipe sewer. Together with the necessary manholes, storm water inlets, conduits and house connections to the curb line along the line thegaid roveTent; al ll draw ee articul4ril %own and lI n c®r ace with p , p ans, de a Ind spec c a ons en ffie n e o ce the Department of Public Marks of the City of South Bend, Indiana, and said sewer, with all its appurtenances, shall be constructed in accordance with the profiles and specifications now on file in the office of the Department of Public Works of d said City. The cat of said improvement shall be apportioned against and paid by th the property holders whose property abuts thereon, and upon the City of South Bend, if the City is benefitted by sadd improvement, all according to the method and manner provided for in Act of the General Assemb j ly of the State of Indiana, ent itd " An Act Concerning Municipal Corporations," approved March 6,1905. Assessments, if deferred, are to be paid in ten equal annual installments, with interest at the; rate of Six -- er cent per annum. A bond or bonds shall be issued to the contractor in payment for such work at the rate of six per cent per annum. A bend or boiids shall be issued to the contractor in payment for such work, unless the property owners pay said assessments before said bond or bonds are issued, tinder no cir- cumstances shall the City of: South Bend be or be Feld responisble for any sum or sums due f'oom said property owner or owners for said work, or for the, collection of some, or for the payment of any bond or bonds,,_, certificate or certificates issued to said contractor in payment for such work,,except for such moneys as shall have been actually received by, the City from the assessments for such 'improvement or such moneys as said City is by said above entitled Act required to pay, All preoreedin.gs had, and work done in the making of said improvement, assessment of property ., collections of assessments and issuance of bonds therefor, shall.be as provided for in said above entitled Act. Notice of this resolution shall be published on the loth. day of Au ust 1917 and on the.17th. day of August 191h, in the South Bend Daily Tribune, TO Board will give a hearing on this resolut o�n at its office in the ity ?fall an the 21st. day of August 1917 at 7:45 P.M. Adopted this 7th. day of August 1917. E . M. MOR R IS BOARD OF PUBLIC WORKS, A. H. RICE Attested:- JOHN B. WEBER, Veronica C. Swee-n*y, Clerk of the Board. Minutes of meetings held August lst.,1917 read and approved.. by Beard. President.