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04/29/1919 Board of Public Works Minutes
6 0 (1;; Board met in regular session at 10:00 A.M. All members present. Bids received on -the following -improvements. PAVEMERT.ON SHFRMAN AVENUE FROM LINCOLN WAY WEST TO PORTAGE AVENUE. Bid of The White Construction Co., Grading per cu. yd ..............................0 .90 Asphaltic concrete. per sq. yd................... 2.34 8 inch conduit per lin ft....................... .80 Storm water inlets, each ........................10.00 Marginal curb, per lin ft....................... .30 Resetting inlets, each.:...°3 Resetting -manholes, each ......................... 3.00 Check for $610.00 Bid of the Wt11 ist on Construction Company. cement curb, per lin ft.........................$ .35 grading per cu. yd.... .80 Asphalt pavement using Standard Mexican Asphalts Per sq. ` yd......................,...... Asphaltic concrete per sq. yd.................. 2.58 2.28 8 inch conduit per lin ft... ... ... to. .00.0_00., -Storm water'inlets, each.:..... ...............°. .80 10.00 Marginal curb per lin ft....................... Resetting inlets, each ......................... Resetting manhole, each........ .......:...... .35 2.50 2.50 Check for $610.00 Bid of the Westtrn Construction Company, cement curb, per lin ft.......................0 .30 Grading per cu. yd................0............ .75 Asphalt neadway using Trinidad Lake Asphalt per sq. yd..................... 2.62 Asphaltic concrete using Trinidad Lake Asphalt per sq. yd...............0. 2.27 8 inch conduit pipe per lin ft............:..... .70 Storm water inlets, each.... .................... 9.00 Marginal curb, per lin ft........ .17 Resetting inlets, each ......................... 2.00 Resetting manhole covers, each .................. 2.00 Check for $610.00 PIPE SEWER ON PHILLIPS STREET. Bid of Bruno De Peape. 12 inch pApe sewer , per lin ft................. 1.70 10 inch pipe sewer, per lir. ft.................. 1.70 8 inch pipe sewer, per lin ft.................. .60 6 inch pipe sewer, per lin f t .................. .75 Manholes, each................................6.00 Curbs and covers, each ........................, . 17.Q0 Storm water inlets, each ....................... 9.50 Checkf for $156.00 Bid of Staples & Ackerman. 12 inch pipe sewer, per lin ft................. 2,25 10 inch pipe sewer, per lin ft................. 1.75 8 inch pipe sewer, per lin ft................. .70 6 inch pipe sewer, per lin ft.................. .85 Manholes, each... 7.00 Curb and covers, each....... ................... 18.00 Stormwater inlets, each....................... 10.00 Checkfor 0156.00 ZAK Bid of Hoban & Roach on Pipe sewer on Pulaski Street. 12 inch- pipe sewer, .per .;lie Pt...... ...... . ...... 1.70 8 inch pipe sewer: per tin ft..........:.......... .50 6 inch pipe s ewee r , per lin f. t .. . ..... ............ .75 Manholes, msak.par.lin ft.......................... 5.50 Curb and covers, each... 0.............. .... 18.00 Storm water inlets, each .................. ........ 1000 ° Chec kf far $100.00 B 3d of Hoban & Roach on Pipe sewer on Phillip& Street. 12 inch pipe sewer, p :r l in Pt ... ................ 2.04 - . 10- inch pipe sewer, per lin ft ..................... 1.94 8 inch pipe sewer, per lin ft..................... .60 6 inch pi a sewer, per lin ft...................... .80 Manhole, per ft.............0.0..................... 6.00 Curb ans covers, each..........................,,,,1t�.00 Storm water inlets, each....... ..... ................10.00 Checkf -for $100.00 Bid of Bruno De. Peane on Pulaski Street pipe sewer. 12 inch pipe se er, per lin ft......... ............. $ 1.50 8 inch pipe sewer, per lin fte............ .......,. .70 6 -inch pipe sewer, per lin ft..................... .75 Manhole, per ft. in depth 6.00 Curbs and covers, each............................'17.00 Storm water inlets, each..... ..................... 9.50 • C)Joekfor $100.00 Bid of Staples & Ackerman on Pulaski Street pipe sewer. 12 inch pipe sewer, per lin ft.................... 1.70 8 inch pipe sewer, p r lin ft.................... .60 6 inch pipe sewer, per lin ft.................... .75 Manholes, per ft. in depth ........................ 6.00 Curbs and covers, each ............................ 17.00 Storm water inlets each.............. ............. 9.00 Check for 100.00 Bid of H.. N. Barnes on sidewalk on west side of Michigan Street. cement walk per sq.-ft............................ .14 grading per cu. yd........................0....... .90 Chec kfor $100.00 All of the above bids referred to the City Engineer to be reported back Wednesday April 30th. ,1919. at 7:15 P.M. Bill of Wnt. Maurer & Company °presented to the Board read and placed on f ile. Remonstrance received read and placed on file against construction of sewer sxtxpzcamzxt on Dunham Street between Chapin Street and McPherson Street. as f of lows: - Bid submitted by L. H. ladder Karr on Various walks and curbs walk per sq. ft........................°........ .14 curb per lin. ft ............................... .32 Grading per cu. yd ..............°............... .80 for the year 1919, The contract was awarded to L. H. Vander Karr'on the above prices. Conc e�rning the Improvement of the roadway of Keasey Street from. Carroll Street,tq.LTJgb.Egt'i�0t+;,.yi`itL°asphalt, 4s haltic concrete, bitulithic,- c oncrete . or Br ich�, ° pi %m*4t , to , ltooglut ion No. 620 the Board finds that no petition has been filed with>said r Beard °by° amajority in number of the freeholders ros id-ing- M said street to -be -improved -requesting -that it be > unproved with a different kind of pavement than tha °kind °h6rctaf6bi °adopt6d'by-the Board in its preliminary order; and the City Construction Co. is the lowest and best bidder for the kind of pavement heretofore adopted by the Board, and the Board. find that the said Western Construction Co. is the lowest and best bidder - and hereby lets the contract for said improvement to him, and orders that said im- provement be madc,tvith,A nhaltis concrete using _Trinidad Natural Lake As ltiit and all proceedings.heretofore.had.i.n this matter are hereby confirmed and ratified. A. ELLIOTT F. ROSTISER .° JOHN F. DEHAVEN Board oi' Public forks of the City of South Bend, Indiana. Attested: - Veronica C. Sweeney, Cl1rk 4#' .+she• dos}rd a , > .. > Dated this=29th.,-day -of ;April .1919. <.......°................. Concefting the Improvement of, the roadway of Calvert Street from M Ich igan Street to High Street with. asphalt, Asphaltic cone rote, concrete, ,B itul ithd or Brick, pursuant to Resolution No. 621 the Board finds that no petit ion has been filed with said Board by a majority in number of the freeholders residing on said street to be oimprg7gd .requemting that it be imnrove'd with a different kind of pavement that this >kind heretofore adopted by the Board in its preliminary order; and the City Eug1ne0r> .r-*pQrfis >th4t, .Tha Western Construction Company is the lowest and best bidder .fear Aho .kAnd .of >pavgrsqM ,b.erestofore adapted by the Board, and the Board find ,that .astId ,Wetnt,ern >CQnetrixation Company is the lowest and best bidder and hereby lets the contract for .said improvement to him, and orders that said improve- ment be made with Asphaltic concrete using Trinidad Natural Lake Asphalt ' and all proceedings heretofore had in this matter are hereby confirmed° and ratified,. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works of the City of South Bend, Indiana. Attested: - Veronica C. Sweeney, Clerk of the Board Dated this 29th. , day of April 1919. The Central Union Tel Co, granted permission to set the following pales and anchors. Three poles on the west side of Logan Street north of Mishawaka Avenue, and two anchors can the west side of L©gan.Street on the north side of Logan Street. ne pole and one anchor in the alley north ff Mishawaka -Avenue just west of Logan Street. One anchorn north aide of the alley north of Mishawaka Avenue just east of Ninth Street. 61 1 The f ollow ing res olut ion was approved by the Board, c oppes of sane ordered sent to -Mr. Chas . Z ilmer and. Cemetery Sexton Geo, M. Urey, R E S GLUT I ON. That a str ip of gr a in the City Cemetery described as f olle�vcs: -- T Beginning at the moutheast corner of what is known as the New Sold iers lot and running due south Eighteen (18) feet theme due east eighty one(81) feet nine (9) inches; thence in a north,3asterly' d irect ion and parallel with La Porte Ave . , twenty seven (27) feet; thence due west seventy one (71) feet ten (10) inches to the point of be..inning. The same be ing a part: of the C ity Cemetery, of South Bend, Ind iana, be set aside for. the burial of any deceased soldier or sailor honorably discharged- fr,om the United State Army ,.Navy or 1&rine Corp®r whose relatives or friends may apply for such burial. Said gpund as above specified shall not be under the jur isd iet ion of gny Mailitary$ Semi -Military or other. organization, but entirely under the superv_is ion of the Sext en of the City Cemetery. • The Sexton s ha 1 permit the bur is 1 of any one claiming to be a s old ier or sailor only on presentation of the soldiers or sailors discharge or cert i- f icat ion of one of the heads of the various military organizat ion: • at the time in ex is Lance . CITY OF SOUTH BEND, IND IANA. BY ITS BOARD OF PUBLIC WORKS. • G. A. ELLIOTT HARVEY +'. ROSTISER . JOHN F. DEHAVEN South Bend, Indiana. Dated this 29th. , day of April 1919. The following resolution were adopted by the Board. RES OLUT ION FOR SERVICE CONNECT ` ONS WITH MAINS. No. 664. - WHEREAS, the Board of Public Works on the 28th. , day of January 1919 did adopt a res olut ion ordering and requiring the permanent improvement of Birdsell Street from Washington Avenue to Le Porte Avenue, by paving the roadway of the same, and WHEREAS, the City C iv it Engineer,, has prepared and f iled in the office of this Board a report showing the number and Location of the service pipes, mains, conduits, laterals , and connections which are, or will be necessary to accom- modate the abutting property and the owners thereof with gas, water, sewer, and other conveniences and necessaries; and also said City Civil Engineer has prepared and filed in said off ice specifications showing the material to be used and the manner of laying said serviee pipes, maids, conduits, laterals and connections from the mains to the points inside of the curb lines. • THEREFORE, be it resolved by the Beard of Public Works of the City, of South Bend, Indiana, that the report of the City Civil Engineer is adopted, and said report and the spec if icat ions ` prepared and filed by him are made a part ,of this resolu- tion as fully and effectually As if copied herein at full length; and it is further ordered that all of such private c onne:et ions with the sewer, gas and water mains be made in said street by nring: g them inside the curb lines thereof. And ' be it further resolved that notice by publ icat iot for two sucessive; days in the South Bend Tribune , a newspaper of general circulation printed and published in the City of South Bend$ Indiana, be given to the owners of the property abutting upon said street to be improved directing them to make such sewer and water conne ctions on or before the 21st., -day of May 1919 and that if said connections are, not made on or forebefore said time and in accordanc4 with . the specification and report on f ile in the off ice of the Board of Pjj6lic Works, then said Board will cause the same to ' be ,made and will assess the cost thereof against the property abutting upon said GI street, and shall do all other things pertaining thereto ,according to the pro - v is iens and;. requirements of Ordinance No, 1842 adopted by the. Common Council of the City of South, Bend , on July 24th . , 1916, and of all ord inancas and ,laws, rolat ing thereto. And, be it further, resolved and. ordered that after the 20 day period his elapsed for the making of said conneetioins by the property owners, a notice steal be published for two weeks, once each week ,'in the South Bend Daily Tribune, a news- paper of general circulation published in said City, rwquest ing bids from con- tractors for the, making of such connections as have not, been made by the property owners, and such notice shall fix a day, not earlier than ten days after the first publications, whenbids shall be opened and a contract let, for the doing of said work. And be it.further ordered that the Northern Indiana Gas & Electric Co which holds a franchise from, and is empowered by said City to furnish artifical gas to the citizens thereof, and is engaged In said bus iness- in said City, is herey .directed to make and install_ all service connections with its mains in said strut in accordance with the provisions of Ordinance No. 1555 adopted June 27th., 1910, and such *ther ardinances or laws applicable thereto; which connections are shown upon the report of the City= Civil Engineer, and which are hereby declared to be necessary in supplying gas to the owners of property abutting upen said street. Adopted this 29th.9 day of April 1919, G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN • Epa,rd of Public Works. Bids May 27th. ,1919. RESOLUTION FOR SERVICE .CONNEOTIONS WITH MAT- S. No. 665. WHEREAS, the Board of Public -Works on the 18th., day of February 1919 did adopt a resolution ordering and requiring permanent improvement of Keasey Street from Carroll Street to High Street, by paving the roadway of the same, and WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of the service pipes, mains, conduits, laterals, and connections which are, or will be necessary to acc anmodate the abutting property and the owners thereof .with gas, water, sewer, and other conveniences and necessaries; and also said City Civil Engineer has prepared and file in said office specifications showing the material to be used and the manner of laying said service pipes, maids, conduits, laterals and connections from. the mains t o the pe into inside of the curb lines. THEREFORE, Be It resolved by the Board of Public Works of the Vity of South Bend-, Indiana, that the report of the City Civil_ Engineer is adopted, and said report and the spec if i cat ions prepared a d filed by him are nade a part of this resolution as fully and effectually as if copied herein at full length; and it is further ordered that all of such private connections with the sewer, gas Arid water mains be made in said street by bringing them inside the curb lines hhereof. And be it further resolved that notice by publication for two successive days in the South Bend Tribune, a newspaper of .general eiraulation printed and published. in the City of South Bend, - Ind &no., be given to the owners of the property abutting upon said street to be improved dire cting them to make such sewer and water connections on or before the 21st., day of _May 1919 and that if said connections are not made on or before said time and in accordance with the specifications and renebt on file in the ;office of the Board of Public Works, then said Board will cause the same to be made and will assess the cost thereof against the prop rty abutting upon said street, and shall do all other things pertaining thereto according to the prvovs is ions and requirements of Ordinance No. 1842 adopted by.the Common Council of the City of South'Bend on July 24,1916, and of all other ordinances and laws relating thereto. 6i.3 And, be it further resolved ' esolved; and ordered that after the 20 day period has elapsed for the making of said connections by the property owners, a notice shall be published for two weeks, once each week, in the South Bend Tribune, a newspaper of general c irculat ion published i n said City, requesting that bids from contractors for the making of such connect ions as have not been made by the property owners, and such noticeshall fix a day, not earlier than ten days after the first of such publications, when bids shall be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas & Electric Company, which holds a franchise from, and is empowered by said City to furnish artifical gas t o the c it iaens thereof, and is enggged in said business in said City, is hereby, directed to make and install all service connections with its mains in said street in .accordance with the prov is ions of ordinance No. 1555, adopted. June 27,1910, and such ether ord in aces or laws applicable 'thereto; which c onnaet ions are shwwn upon the report of the City Civil Engineer, and which are hereby declared to be necessary in su -oplying gas t o the owners of property abutting upon said street. Adopted this 29th. , day of April 1919. G. A. ELLIOTT HARVEY P. ROSTISER JO.H?, F. DEAHVEN Bids May 27th°91919. The following bonds and contracts were approved. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 21st . , day of April 1919 by and between The Western Construction Company 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 of Indiana, by and through its Board *of Public Works (hereinafter referred to as .. the " City",) under and by virtue of an Act of the General Assembly ,of the State of Indiana, entitled " An Act Concerning Municipal Corporations, approved March 6919051 and all amendatory and supplemental acts thereto: -- Witnesseth, that- the contractor covenants and agrees to construct asphaltic concrete'pavement on Eddy Street from Mishawaka Avenue to Sample Stre-�t Bridge, using Trinidad Lake Asphalt , in the City of South Bend, Indiana , at and for ' the following prices: 673 lin-feet of curbing per 1 in ft .....:............ . 50 409 eu. - yds . of grading per cu. yd................... .55 Storm grates, each ................................... 9.00 Conduit pipe, per lin ft.............0................ .80 Resetting inlets, each. ........................... 2.00 Resetting manhole tops, each ......................... 2.00 Marginal curb, per lin ft.;..........................' 20 2240 sq. yds. asphaltic c oncrete us ins .Trinidad Lake Asphalt Per sq. yd................:.. 2, 35 and to perform all work in the prosecution of said improvement under and adding to the terms and oon ditioria of Improvement Rtsolutian No. r._._51.1._-,, adopted by the -Board of PublicMorks:•T"uAry_28th, s 1919 and the plans; profile and specifications on file in the office of the )epartmeat- of Puillic . Works, which said resohition, plans, profile and specifications are made a part hereof, as fully and cffectiiall as if copied and set out herein at full length. `he contractor further expressly covenants and agrees that in the prosecution -of said work all proper skill and care •- i'1 ie exercised;:th2t he rlt proper':y ; -� 3.I and p-��.�c+ all excavat ins srl daingerous p:aces; and w;l:1 use 21i due ar.d proper precaution to prevent injury to :ry person or Fi cri zrt`s; tl+-_t j-, }n CVO'?' c'! any injury or damage resulting from the w^rk or res�.iLing from try •r..attcr or thiniz rnrr"_nto'l t' " mitt or arising therefrom, fp any person. or property, he vw;li pay a"I li ,T:icatt the snn.e at his own a. exp ti nm(1, . sume the liaLilify fherefor; and in the event of any clair_i or claims being remade or auy act orn ,, ctjnns f brought against the -city by -reason or on accol.uit of or greiving out of s^ id r-,or` nr its c:� �.tiictin"' s ' contractor will. at his own expense defend the same, and will pay any judgment 1 �cover-.d 'h rein, And all respects fully indemnify and save harmless said city, its:.officers, agents or representatives from s" expense, payment or judgment recovered in connection with such darm or claims, action or actions. � within ten days after any such action is begun, the city small notify the contractor of tt, Lend,—,_rcy 'her Bien any judgment rendered against the city shall be conclusive against the contractor and against the sumo on his construction bond, as to tb- amount, hahiNW and other matters pertaining thereto. 614 And the contractor agrees to maintain .saiii such repairs as tray be necc s ,, e"y the period and in the manner as fixed by the specilcations, and 'to secure tine n intenance and repair then:_: to file with the Board of Public Works a bond tivith sufficient surety thereon a in an amount so fixed by «, e specifications. And in doing such repair work the contractor and the surety on his guarantee bo„d shall he subject to the -same liability to the city and any other person for any ,injury.or damage to any pers� of prop-erty in the same manner and to the sarne extent as is fixed in .the last preceding paragraph coverit-, g the coil struction work. And it is further agreed by and between said parties that the acceptance of the work pro tided for in till.:, contract, or the payment thereat, shall _lot constitute a waiver on the part of the city of any of tlxe pro i,.$- ions of ,this contract, nor shall it n4ease said contractor or the sureties on his bond for the faithfu? perfornti- ance thereof; nor shall the acceptance be prima facie eyidence of the performance of any provision of thh; contract,except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making o, such improvement -and fi%the performance of this contract,' whether done or furnished for him, or his a,gcnt, : assignee, successor or suboontraetor ; and .the city may reserve out of any allowance viade on any estimate in favor of the contract r, or ' ssigw, or out of the amount due hint or his assigns upon the coxnpleti®t7 of the work, so much as a. :essary to pay all laborers or materiar men for amounts due them for work done or materials + usec srnished to - be used in the performance of this contract and the doing of said work, and the county trt:asurer, 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 ?hey, have been paid or satisfied kg�,ees to remo- 2 all ruhaish, earth, and unused material in the struts or sides thereof apon the completion of the imorovemctit or the repairing thereof. a =• The work of making such improvement shall be completed according to the terms of this contract on or beforethe ................. -------------------•--------•------------------------day o#_------------ ------------------------ ---•----•---•---...---._. 19.........., finless the time for the completion of the sai-�e shall be extended inn writing, by the Board o1� Public Works, And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties It is agreed that the contrac*or shall not ?ssign this contract. or sub -let the work or any part thereof to be done hereunder, withoo, the i en Co. -,:"I- of the Board of Public Works. It is further agreed 'a-1 ztintila_ed t17�t `' e contractor shall oive-to resIdentQ. of said city and coowv preference in the employm-•fit of ?1] la` branecessary in the nerfort-nance of this contract, and failing.to d;, , shall 41 forfeit to the city the si=m o' ter, dollars for each fail-ure to observe this stipulation. And upon the .performance of ail the to-nrs and conditions of this contract, and things to be ,'d, , a " I performed by said contractor the said city agrees to cause the cost of doing such work o.l:,: assessed. leeted and paid to said contractor in the manner fixed by the statute governing the making of such improve- ments. To each of the conditions and stipulations of this contract, including all and singular the provisin,.s d terms of the pin-rs, profile, specifications and resolution aforesaid. the undersigned binds himself or 'self, and the respective successor or assigns of such parties. IN TESTIONY WHEREOF, We, the foregoing named parties, hereunto set out hands- this 21st . ; day od April 1919. THE WESTERN CONSTRUCTION COMPANY, FRED RANKERT, Contractor. CITY OF SOUTH BEND , INDIANA. BY G. A. ELLI.OTT JOHN F. DEHAVEN Its Board of Public Works. .. ' . C0148TRUCTION BOND. these presents that we The Western' Coiistru.ctien Company of the° County* ot• St. " Jueeph;' State' iof ' Ynd ian& and New Amsterdam Casualty Company of the' County' of � St. ' Joseph, and State of Ind Ian i as surf ei ties;__.arc_,heTd and firmly bound` to the City of South' Bend, Tnd-Ia,na, in the sum of, Two--ThaiiAmid' severr, hundred and twenty.Dollars (P1720.00 for the payment` of. wh :ch,$.w. ell .and truly to be made, we jo-intly and severally bind ourselves , our heirs;= axeeuters, administratgrs.4nd. 4L$sIgns, .flrMly lay these presents._ The c and it ions of the obl igat ion are such that if the above named The Western Construction Company shall faithfully comply with the foregoing contract , made and entered into the 21st. day of April 1919 with the City of South Bend, Indiana, and shall fulfill all the conditions and stt#ulat ions therein contained, wabnrding t.o. the tru intent and meaning thereof, in all respects then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall extend the time for the c omDl et in of said work, such extension shall not in any way release the sureties on this b ond. This- s-hall be a construction bond, and the sureties on the same shall not be held respeniable. for .the maintenance and repair of the improvement after it has been accepted by the second ,party, but such curet ies: shall: be -held- responsible for- the,. faithful compliance with all other conditions, stipulations and requirements covered by or set out in this contract, 6 l; s WITNESS our hands and seals this 21s t . , day of April 1919. NEW AMSTERDAM CASUALTY CO,, BY W . G . ELLIOTT Agent & Attorney in fact. T��x3���4[x���tx��p�c�ex��kx:�3��xY�c�tx�ts�gx x��►��$x����sc' THE WESTERN C ONS TR UC TION, C OMPANY. FRET) RA.NKERT, . Pres The above bond approved this 29th . , day of Apr it 1919•. G. A. ELLIOTT 'JOHN F . DEH- VEN Board of Public Works - PUBLIC IMPROVEMENT CONTRAct. • THIS AGREF DENT, Made and entered into this 29th., day of April 1919 by and between The Western C ons-truct ion Company of the County of .St. Joseph, states of Ind iana, (here i.na.fter referred to as the " Contractor"), and -the C ity of South Bend in the County of -St. Joseph, and State of Indiana, by and through its Board'of Public Works, ( Here iiietter referred to as the " City"),, under and by virtue of an Act; of the general.. assembly ef the State of IndIana, entitled " Ari Act Concerning Municipal Corporations, " approved March 6,1905, and all zat amendatory and supplemental acts thereto. Witness6th,, that the contracto covenants and agrees to construct pavement on Monroe Street, River Avenue, Arch Street and Edgewater Drive, in Edgewater Place Addition, in the City of South Bend, 'Ind ianai at anf for the following pr ices• -- 4800 lin. ft. of curbing per lip ft.................... .30 1391 cu. yds.* of grading per cu. yd.................... .60 19500 sq. ft. of sidewalk per sq. ft..................... .15 68 lin. feet of marginal curb, per lin ft.... ....-..... .°. .20 7200 sq. yds . of Trinidad hake Asphalt par sq. yd....... 2.28 64 sq. yds. of brick pavement .relaid, per sq. ,yd......... 1.10 and to perform all work ih the prosecution of -said improvement undcrand .a<C`QrdiA9 to the terms and cs®r: ditioits of Improvement Resolution. Ne. , , ., adopted fijr the`Board . d. tNl kirks and the plans, profile axed' sptc-i tfons. on ft e. th-Ih�e afffc- of -the Departmeai of PWIl or cs _ Bch s d resohition, plans,, l?rofile and s1pecifications, are made, a part: hereof as fully and efl`eetuartty- a.s if copied and set oul herein at ft li ten th. : �h•e contractor further expres0v tcavrRatft anti: tgr-eas.tfiat in the• p"ecutjon of. sgid'Fwork all proper sitzia ;,t,<i care =:l be e�.;rc sA• ; tr ' he `I o*► ._ - :;:�� p-:-,•-c` at1 ex, avat:o»s;arcfi rIaa erous_plaees aY4fl'„ to lief: 111 (�i*� 4 .(t n'r �ynr r, i ti71 to or i7� at mill -o .ry person rr �. art i � p p y ; t?rar in the 'event Qf any iti1Y ry or dzm.-ae resrl t, ;*roan t°, •., �r ,; :,1 ' 1 7tit'a y *^1 r er tiling cor n",tr 4. there.,kitIt or arising therefrom, to any pPr. '%0-Q t+.roperty, b :: �1 nav aid ho_zidate the same at his _ov M,=. Vtnse, and -as - surge -the liability theraioV, =— c i?i We'' of any HainOr'claims being made or. -any zetiong ohs. being brought aga,n-A the city by reasou- or on: account of. or growing out of said:work..or its coup t tiptiox lie said contractor will at his own expense defend the same, and will pay any judgment recovered there"r,_ aii4 will in all respects fully indemnify and save harmless- said -city, its-, officers, agents, or represerstattivres €ram= aEIY cost, expense, payment or judgment reeoverted in eonnectiolr with suchz claim or claims, action or actions And if -within ten days after any such action is begun,. the city shall --notify the contractor of -tree pendency thereof,, then any judgment rendered against the city shall -be conclusive against the. eontsoictor and -agaimt the surety ®n his_ construction bond, as to tl- mount, liability and ether matters pertaining thereto, And the contractor agrees t, maintain sand 1`11:;r ; ;,:,rent a:,6 the period and in the manner as fixed by the snPci'tcat*c-ns, and to secure r,;e maintenance a:. } to file with the Board of Public Works a bond ;lith sufficient surety ±herco n and is an amot:nt specifications. And in doing such repair work the contractor and the surety on hi &ruara;ftze f:c,,, r subject to the same liability to the city and any other person for any injury e,r darnkve to any ; erty in the same manner and to the same extent as is fixed in the last preceding paragrarh cove.__: struction 'wofk. - And it is further agreed by and befween said parties that the acceptance of the Work pro-;i�!e 1 for i contract., or the pays ent th _reof, snail not constitute a waiver on the part of the city of 4ny r til" pr ;•, _, ion of this: contract, nor shall it release said contractor or the sureties on his bond for the fai:;:,ft1+ ice .tnere.of ; :=ar shall the acceptance be prima facie evidence of the performance of _ny provision of tii, contract, "Tt to th- e-.te nt of entitling the contractor to the contract price therefor. i he contractor agrees to pay for all labor and materials used or furnished to be used in the making, u: 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 oat of any allowance made on any estimate iti fa.vO= OIL ti�-c contractor or ` Issigns, or out of the amount due him or his assigns ul3on the completion of *he rc r;, so mu,-'h as m, _essary to pay all laborers or material men for amounts due them for work done or materials use.-- arnished to be used -in file performance of thus contract and the doing of said w.,; i-., a. d the ::punt, i.. 4, er, acting as city treasu;er, may retain money eo ecied. fQom property owners assess::d for said improvement.to pay such debts or urrdl the contractor id or satidhows°-that they have been maid •e co L-`a agrees to.remo--_ all rubbish. earth, and um�med material in the strc;As or sides the'raof Capon the comptietton of the. Improvernc-kilt or the repairing thereof: The work of making such improv ment shall be completed a-cordipg to the terms of this contact on or b fore the ..... --.--- ----- day d - -- f - :., i9......... , un',.ess;the time for the com etion of the sa} e ' - ^:-- ----" shad be ett nded in wr t, g`►�y #he`Eourd: of Public Works, And it is agreed that any s>�k► exteneion of 11m or any alter *ion of this contract or of •the manner or meth- od of doing such work; shall in ro way affect the duties, ol�jig*.'tions or liabilrtaes' of tht c ontractor or sure- t ies. It is agreed that the can ra �r shall r+nt ^ssi;n th+s contract. or suh-letl the work or any part thereof to 6e done here:zndei wi-i , r: cc) nt of the Boar 1 of P,jhtic Works. It is further agre-d ' -)ntr c;er �ialp e to iesirleats of said tit y preference in the empic y, .,_ or �; tn,•cr , (:..ssary to tl�e performance of t � contract; and.fa ling*dto do so, shad forfeit to the 6ty'th um— o+ to . cif Lars for each fatlura to observe this stipulation. • And upon the per.ormanc,� of at`: the terms and conditions; of this contract, and things to be done;. and performed -by said conLr ctor the said city agrees to cause the cyst-.of_doing°such worn o b� assPssee col- leCted and pall to Said contractor in the trianner fixed by the statute governing the,`making;, of -.such im'4" m•ents. To each of the conditions and stipulations of this Contract, inouding aft and singular the piovisioni and terms of the r?^ems, profile, specifications and retolutiori aforesaid, the ugdersigned binds himself or.?tsA and the respective successor or assigns of such parties. IN TESTIMONY WHEREVF, We, the foregoing named parties, hereunto set our hands this 28th. , day of April 1919. THE WESTERN CONSTRUCTION CO. FRED RANKERT- C ontractor, CITY OF SOUTH BEND , INDIANA. BY G. A. ELLIOTT HA_R.VEY P'. ROSTISER Its Board of Public Works. CONSTRUCTION] BOND. ° Know all men "by these presents-, That we, /The Western C oastruction of the County'of St: Josephs 'State -'of Indiana, as pricnicpal and the AETNA CASUALTY & SURETY COMPANY, of Hartford, Connecticut,, -of the County of and state of * . . • 'as 'S'uret ies, are held 'and f irmly bound t o the City of South Bend, °Ind iaria,. in •t iu suni `of Ten Thousand Eight hundred and f ifty Dollars $16,85d.•dd), ,for ,the pjytcient of which, well and truly to be made, we jointly and severally- bind ourselves, our heirs, executors, administrators and assigns f irmly lay thus& -pre�enta. The conditions of the ob 1 igat ion are such that if the above named The Western Construction Company shall faithfully -comply with the foregoing con- tract made and entered into this 28th. , day of April 1919 with the City of South Bend, Ind Lana, and shall fulfill all the cond it ions and st ipul at ions therein con- tained according to the true intent and meaning thereof- in all respects, the this oobligation to.be void, otherwise to be and remain -in full force and virtue in law. In the event the said City shall extend the tine for the completion of -sa-id work, such extension shall not in any way relgaae the sureties on this bond. - This shall be a construction bond, and thePsureties on the same shall not he held responsible for the maintenance and repair of the improvement after it k has been acewpted by the second party, but such sureties shall be -held responsible for the faithful compliance With all other conditions,stipulations, and require- ments, covered by or set out in the contract. Witness our hands and seals THE AETNA CASUALTY & SURETY CO. BY WILLIAM E. GELTZ, Attorney in fact. ATTEST: FRANK H. DUNNAH009 Attorney in fact. The above bond approved G. A. ELLIOTT HARVEY F. ROSTISER Board of Public Works. this 28th. , day- of April 1919. THE WESTERN CONSTRUCTION COMPANY FRED RANKERT, this 29th. , day of April 1919. 617 T-WA-A-- , pUBDIC IMPR OVEWNT CONTRACT, THIS AGREELENT Made, and entered into this 29th. , day of April 1919 by and between L. H. Webster of the County o f St. Joseph and State of Indiana, (here-inafter referred to as' the " Contractor, " ), and the City of South Be nd, in the County of St. Jane ph and state of Ind iana, by and through its Board of Public Works (hereafter referred to as the " City.,"),, under and by virtue of any act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal. Corporaa,tions, approved ULreh 691905, and all amendatory and supplemental t,cts thereto:-- ' i Witnesseth, that the contractor covenants and agrees, to* construct pipe sewer in Jackson Street from. Ford Street to 110 feet south of the `south line of Division street, in the. City of S out h Bend, Ind is na amd at and for the f of lmw ink; or ices: - 1174 lin. feet of 12 " inch pipe sewer, per tin ft.......... $1.60 130 lin. feet of 10" inch pipe sewer, per lin ft........... .60 736 lin. feet of 6" inch conduit pipe, per.lin ft............ .60 28.4 manholes, per ft .L in depth ............................. 6.00 8 storm water grates, each.... 9.00 3 manholes, curbs and c overs , each........ ................17. 00 and to perform all work in the prosecution of said improvement under and according to the terms and con- ditions of I,mprogeVM.t` I1solntitm No. �616 and the lane +, -=-., adopted by the Board of Public Works-. Februart 8,1919. P = rrof e d pe�xiica_ions on file m the office :of the Department •f Public Works, which said resohttton,;filang, $ end *j,drfrcat+ons are made a part hereof as fully and effectually, as if copied and Set out here. n f 3 � �. tom_ -��� e contr`sqar tE' r ex ites�ly covenants and agrees th^t in the prosecution of said K•ork a.11 proper skill a:erd ca`tC.' 'X* + f, _ v re,:�tl at >2e - 1 -on all excavat,, d e f t b^ r • c +c r * one and dangerous places, 1 'Q ores:=:: - 3 ;u. r at'iC �xcrtlanta g r� :.. 'y :.y person or p.r �. `v; tt,at r -h� evn,� �•.c a.,.� rIf tt•". t• 1 _ rJr rAS�_-±*;a fmnl ^^}� ^?1+4,•r Of tl�ncr rn, .. }r. a. ?. 11 n" . �I : h n rewr' It or ' pr'operty,'1 p ',• nsv at14 liq,ridate thA seeps at his own expense, and as- e alitlitfo} event of any clair� of claims being made or any action �r actions ag t?st e city Ire, or an account of or growing out of said umrt- or its cc��strnctioti, sa' + corrtt ter wsi4 Qt l 'r x hr a defend the same, and drill pay any judgment recover.ril therein, and wi i i in ail ressects f�llyincterrzitify and save harmless said city, its officers, agents or representatives from all -cost, expense, paymen* or judgment recovered in connection with such claim or claims, action or actions. Arai{ .f .within ten days after any such action is begun, -the city shall".notify the contractor, of tip_ pendency they- �f, then any judgment rendered against the city shall be_conclusive against the conEractor and against the surety on his constnzction bond, as to tr � mount, liabi*W and other matters pertaining thereto. And the eor,tractor agrees_bc; maintain said improvement proment and make such repairs as may be necessary L., tits geriod end in the manner as fixed by the snPcifications, and to secure the maintenance and repair thereof to file with the Board of Public Work$ a bond v;,ith sufficient surety thereon and in an amount as fixed by the speaifidations, 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 persa.,n or prop- erty-= the same manner and.,;o the same. extent as is fixe straaon work. d in the last preceding paragraph covering .the con - end it is further agreed by and between satcf�Oafies that-ih"aece�ance of the work provided for in this contract; or the payment thereof, shall not constitute a -waiver ou-the part -of the city of any of the_provis- loiii of this contract, nor shall it release said contractor or the suir t es on his,bord' for the farthfuL perfor�n- cant thereof; nor shall the acceptance be prima facie eviaenoi�tot the perfornance-�si any provision of this Cotitr&ct, except to the extent of entitling the contractor fo the`con*ra:=t rice:tht+dm The contractor agrees -to pay for -all labor. and' materials. 'ul;'ed or=uTnts�idr to die`=;used in the making of wish improvement and -in the performance of this contract, whether dcst�e or furtttshed for him, or- his agent, assignee, successor or subcontractor; and the city_may reserve put of any allcswartct tttade on any estimate in €ivor of the contractor or ' ' "Signs, or out o€ the ariiount due iiirrr or -his assigns upon the completion of the work, so mua, as ma- ..:essay to a work dote or materials use,. y P y all labertfs br meter ar then for amounts due them for srnished _ta lie used'in the performance of this contract'atidd the doing of said Wore, and the c:ountY-trcasHrrr, acting. as city treasurer, ma retain money' collected' from. property owners assessed for laid improve:aeat to pay such debts or Un'ttu'I a contractor shows xFiat` they have been paid or satisfied :e co, t a cr agrees to remo•-� all rubbish, earth, and unused-triaterial in the strc-.:ts 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 -•--•--•-••--••-•---•- - - -- - _ unless the time for the comple+ion of the sar7e sha day of in writZ ,� And it is agreed that any such extension of time or any - by the: Board of.Public Works, Od of doing such work shall in no way affect the duties`aiterr,`''on of ±1?i_s con Tact .or of the manner or Wroth- � ties. ob!i�atior.s or liabilities of the contractor or his sure - It is agreed that the contractor shall not assign this contract-, or sub -let the work or any part thereof td -be done hereund?r, wi+.hoc?* the riven co ;e,.nt, of the BOOr-d' (If P11. t, It is further agreed and sti aia`tA that, t }* Works. _ preference in the employmc.•nt of a!1 labor necessaryLcontractor shall tri:,e to residents of said city and county in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipule#ion. And upon the performance of all the terms and 'conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, cot lected and paid to said contractor in the manner fixed by the statute governing the making of such improve - To meats.. _ g each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the F1^.ns, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and tlAe respective successor or assigns of such parties, IN T tT NY.WHEREOF°, We, the foregoing named parties, hereunto set our hands this 29th. , day of April 1919. L. H. WFBSTER, Contractor. CITY OF SOUTH BEND, INDIANAr.. BY. G. A . ELL IO TT HARVEYF. ROSTISER JOHN F. DEHAVEN Its Board of Publdc Works, CONSTRUCTMON BOND. ,Kp.ow A11 men by these presents, that we L. H. Webster of the County of St. Joseph, State, of, Indiana, as principal and London &. Lancashire Indemnity Company of Ater.ica,, ot. tjxe. Qpupt,y. op New York,, and State, of Nnwfl_Y�rk as sureties, are held and firmly . bound, to° the City of South Bend. IndI&nt., in the sum of One Thousand Three hundred, gAd, ;t.*f ,*,y 9,ix_ D0,11 ra, ($1046. 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 c and it ions of the obl igat ion are such that if the above named L. H. Wlebgter shall faithfully comply with the foregoing contract, made and entered into the Z 29th. , day of April 1919 with the City of South Bend, Indiana, and shall fulfill all the conditions and stipulations therein contained, according to the true intent and amening thereof, in all respects, then this obligation to be void otherwise to be andremain in full force and virtue in law, In the event the daid 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 c onstruct ion bond, and, the curet ies on the same shall nt, not 111 held responsible for the maintenance and repair of the improvement -after it ba.s been accepted by the see end party, but such sureties shall be held responsible for the faithful eompl iancc with all other conditions, stipulations and requirements c ov red by or set out in the contract. Witness our hands and seals this 29th.,. day of April 1919. L. H. WEBSTER L,OND09 & LANCASHIRE' ONDEMNITY COMPANY OF AMERICA. C.-W. EFINZ r Attorney in fact. `The above bond a proved this 29th., day of April 1919. G. A. ELLIOTT HARVEY. ` F.,-.ROSTISER JOHN F. I)EH,AVEN. Board of Publ is : Works. PUBLIC IMPROVEMENT' CONTRACT. THIS AGREEMENT, Made and entered into this 29th. , day of April 1919 ,` by and between L. H. Webster of the coutny 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 of Indiana, by and through its Board of Publde Works, (hereinafter referred to as the " City,") under and.bp virtue of an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Muni- cipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to construct pipe sewer in Fellows Street. from alley north of Dubail Avenue to a point 40 feet north in the City of South Bend, Indianat and for the following prices:- i 47 lin. feet of l0"• piDe sever, per lin fta........... $ 1.90 29, l in . f t . e and u it p1.pe , per' lin ft.. . . ,, ............ . 8 0 Manholes., -oer lin ft . in depth ...... a ....... a ........... 7.00 Storm- wa, er' grates , each.... . ..,. . . a . a ......".. a .too..... 10.00- Manholes , curbs and a,tc to perform all work,in the prosecution Pf said improvement under and according to the tirrns .and oon- tidda of Impr&M ent lAlsolution No. _ EIB _ ____, 7d�pted by the Beard of Public' VYorks.-; 4bx•us�x•�y' $! 1919 ba 1ati�, file end S ecificz togs on file in the a 'ice : of the Delartment -of Public Works, .vh+��� r�st�otr, ;plans, prrofile- and specifications are made a tarp hereof as full h said eft fC" t t6tiii at Full length. - - ,.r y and effectually as if copred'anrh" nC cotirfaCtor further expressly covenants and irrees that in the rosecution of card"vc°� rk all Proper: <' scare * 1 b exercised; tt the " -m _ p o . and i t i p :� tall eacavat one a -4-d ng :r5u 4l uae .� dt�R ar:d, pr^pPf pr tr ,.i r,� Dr !t 1 tiu,Tv * 1 ;TV pCTSOn r r + 3Z� c., r a s pla a;iy iitJi�ry'o`r dam2?e resultin from t' t3 «•_ or . , to t r 7 FV wit` - rt s rl from y .n t*Fp nr t�. r� r . rt,� "s� arising the`refrom,'to any person or nrop rtv .h itt ��tr a.n i 1+r t re� or j i tc tfiL same t4 }is e�un e�ppnSe, and as- sun�e the liabtlity theretdor; and in the event of a'ny ciairt'or elairi s being made. or any ,on actions d a - brfiaght agi} net the city Ly reason .er-on,iccoiut of or groyin out �f :�.!'^,ri *r+�Etl STc, 5 .� Cot r0cleir,wrll at his own expense .defend the same, and ttdll pay;any Judgment rtcQvered t'heicin, and �»ili in all rCspec�s fully incjeinnify arrd .save harrriless said etty, it officers, :agents or reQ.resentativQ"s from all `cost, expehse, �aymeht or Judgment recover. in ceitki tion with, such claim or elarms, action or actions. An d` f within tet5 days after' any such 'a'ction is .gun, the city shall notify the contractor of t �3 'pe�ide;!cv 1±Iien s.ny judgmertt'rergdef'ed against the city shall -Ile conclusive agairist the contractor and against the surety on hia_,cbnstruction-bo d, as to tt mount, habit* and other matters'pertaiviiig eretio And the contractor agrees to maintain said the period and in the manner as fixed by the,snPciScations, and to sec re :7►e i�.aini �e 4 _ r . r tl! : rf to file with the Board of Public Works a bond with sufficient surety the! eo.n and in an -.mount d 4w {nay specifications. And in doing such repair work the contractor and the surety on hi: gtiarant -t: §ubiect to the same liability to the city and any other person for any injury or da.riagc to eny �e; - e'rty in the sane manner and to the same extent as is fixed in the last preceding paragraph struction Work. . J And'it is further agreed=by and between said parties that the acceptance of the work pro.ire i f .;i contract; or the pay it rt tl?�reo£, sj . ll Tot constitute a waiver On the part of the city of any + ,e pr ! ions of thi? contract; Dior_ •sh-all it reo lease said contractor or the sureties n his .bond for the faithful peri0l.._ a4ce thereof; not s};a11 the acceptance be prima facie evidence of "the perfo; n ance of any provisiGii zi{ ti!': contract, except to the tlteat of entitling the contractor to the contract price therefor. �be cur trcto arc4sa; dog 011abor arid matenals 'used or furnishedtii`be used is the inakir. o s cla fib-- oxer .,ttand��tlte;ge;46rmance of this contract, whether done or furnished for him, or his agert�, W.11 � t, successor ihr"su ort4-ra= for; and the city may reserve out of'any allowance made on'any estimate S;- epnt aetor.or as•mL ' ^ssigns, or out of the amount due him or his assigns upon.the completion 1 Qr�a so g tier :essary to pay all laborers or mate-riai men for amounts due ,them for work ;aaxie or `materials useu arizished to be used in the performance of this; contract and the' doing of saiclt v rhr an-4 tfre county tr F, 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 Dave been d pat or sausfieu remc• all rub3ish, earth, and unused material in the struts or sidet thereof Capon the cornet. i1 the irnnro,remti rt or the repairing thereof. The work of raking s+rf-h improvement shall be completed according to the terms of this contract on or tie#nre the --_ -- - -,dav of-------------------- --------........... --------�-•...._ - 19... -+ 4e un.--s the tine for completion of the sarle sl a-li be extended -in w i:_g by the BoaT4-olf Public Works. And it is agreed that anv such en xtesion of time, or any alteration of this -contract or of -the manner or rvWth- in no way affect -he duties, oblio-ations or Rahilrties of the: �tttractor or his sure- od of doing such wor'c shaft ties. It is agreed that the contractor shall not ass; n this contract, or suh-let the work or any part thereof to be done. hereunder, withot t the %- rif: en c(_Xnr of the Board of Public Works. TIt is further agreed grid st;nuiated. r`!a_t +L cr)'ntractor shall to residents of said city and coiA y preference in the employm : it of f11 labor t:s.cessary in the performance of This contract, -and failing to do so, _ shall forfeit:to the city the sum of ten dollars for ea,:h faiL!re to observe this stipulativrc . And upon the performance of ail the terms and conditions of fhi's contract, aadd #Juno" bt dorte and performed by said contractor the said city agrees to cause the cost of doing suck wwk ta-be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- ments. To each of the conditions and stipulations of this -contract, including ail.a-A singular the provisibns and terms of the plums, profile, specifications and resolution aforesaid, the undersignedbinds himself - car- and the respective successor or assigns of such" parties. J IN TEST IlIONY WHEREOF, We, set our hands this 29th., day of April 1919. CITY U S OUTEL tEND, - INDTANA. BY JOHN;F. DE HAVEN Its Board of Pubtic e9Vgr�, , . , .... . the foregoing named parties, hereunto r� L. H. WEBSTER CONTRACTOR .. , .. tIONSTRUCTTON BOND: 1 • KNOTT A%L° MFN- BY- THESE, PRESENTS,. That 'we L. H.' Webster of the County of St. Joseph; ° State- of- Tnd•ivna,°,° aspr*inc°iplls and London &` Lane&shire In.d.emnity Com- Pany of Am rioa,' bf' tht• Cblih'ty' bi" New York and State of New York as .sureties, are held and firmly bound to the City of South Bend,,. indiane, in the `sum of Five Hundred and, fifty eight 'Dollara a. ($558.00) for the paymep:t; of which, well and fftl--kyto be made; Lwe jointly. and severally bind ourselves, our heirs, F .executors, _administrators and aessigns,� firmly by these presents, The c and it ion of the obligation, are such that If the above named. L. H. Webster shall faithfylly comply with the foregoing contract,,'made and entered into the �2gth. , day of April 1919 with the City of South Bend, Indiana and shall fulfill 9111 the conditions and;: stipulat ions therein contained, according to the tra true intent and meaning th®reof, 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 extensions shall not in any. way release the sureties on this bend. 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 fa, ilthful compliance with all other conditions,, stipulations and require - menu covered by or set out in the contract. WITNESS our hands and seals this 29th., day of April 1919. L. H. WEBSTER. LONDON & LXRCASHIRE INDE 4NITY COMPANY OR AMER ICA. C . W. G INZ, Attorney in fact. THE above bond approved this 29th., day of April 1919. G. A ELL I0TT HARVEY F. ROSTISER JOHN F. DEHAVEN, Board of Public Works PUBLIC IMPROVEMENT CONTRACT. this agreement Widg, and entered into this 29th. , day of Apr ill919 by and between L. H. Webster 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 of Indiana, by and through its Beard of Public Works (hereinafter referred to as the " City",) under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Mun is ipal Corporations,, " approved March 6,190% and all amendatory and supplemtnal acts thereto:- Witnesseth, that the contractorocavenants and agrees to construct pipe sewer on Fisher Street from Me Perherson Street to Chapin Street, in the City of South Bend, Indian at End for the following prices: - 735 lin. feetof 15" inch pipe sewer, per lin ft....... $ 1.60 469 lin. feet of 12" incli pipe sewer, per lir. ft. ......1.30 210•1in. feet of 6* inch pipe sewer, per lin ft......... .60 650 tin. feet of 6" inch pipe sewer, per,lin ft........... 60 31.4 lin. feet of manholes; .per'lin ft,.; c i=.=.it.......6.00 10 storm water grates, each..............................9.00 4 ma.rholes, curbb and covers, asch......................17.00 108" flush tank and manhole, each ............:... .....140.00 621 Tuesday Air it 29th ,191_9,araiae and to perform all work in the prosecution of said improvement under and according,to the terms and oon- ditions of Itnpiovetneat ;Rtesoltition No. ,.. Q........_�„ adopted by -the Board of Public Works_.W_Q1L 919. and the plans, profile afid soeeific.,at-ions cm file iv the office of the lcpaztpent of Public Works, rvhi.ch said ? resnhition, plans,profte a�4 specifications are made a part'here4f as fully and effectually as if Copied and set cut;. herein at ft,ll le rt th ; 'I cotttrgetor'fur*ther tnrptes' 1•v cove-rarts arO ar-ees the i t the;}tosec+i oil c3 s t'�i Mark all proper hLLilt t. i care ' t.e et rci- ., t t h �' o� + a--1 e a lotions, a^ 1 dangerous place, .._ i�Ttid •� tipi�' q �I", : '1•►`t - ^v r o • t"j a n ♦ [ r• qP ,f'.;, ".r i peT;,t^•t1 l'- .V : y1_ r'1 �3'' e J-;, r+ arty 1,1j,--y- of ({dill^ r 5:1;t.',g fT ! 1 t'. �, :. �:-S� fT - , d +.Phil:, �,.T,#. p1ntr +:Jr ^}° t?l^r!.tySt l,Or art9tt g`thrrefr"Im,ito arty p!'f$,'t or nrc)D`«: V, I, :tl rqV ar•1 liq-oirfate tl,;' s " e 2t 1 Toy CWn eX0 nsf,,. an.e. ^54-- sutt+t '1te liability tilerkior; and in th- ev-_nt if -try � a r1 of clams fietng tnad ors a"y a^ or; �« actions h � ► bfc light aga{,3t the city Ly reason or oft acco:ant �f or grov6iig' out of sg.d lv�r17 or its coils ltrl'lti0-A,.`'� coptractewt wills at his own expense defend the same, and •A11 pay any judgment recovered thtrriri, and w):1 in III resRets ;hilly indemnify and save harmless said city,,• its; eflicers, agents or;representstives from all .eos.t, exPe ise, payrnent.or judgment recovered in conaection��ith, such claim or claims, action or actions. And f wtthiai;'ten days after any° such action is begun, the city shall- notify; the'tonttactor of iie oen4elCy iher' ^f# then,any judgty ment rendered,against the city:shout be conclusive against the contractor and against, the surety on hie'construction bond, as to t1, amount,'+ab' and other matters pertaining thereto. . 4 fhf emroctor aWrees z4.� mmiltzin said improviz ept uzao ruaim such rapairs as may b,t necee�at•y 44d Arof in: the manner as fixed by the snFcifica.tions, and to secure Nile a ataintenan�c�e atlti rep,&Ir t1ttr�w p. fp.Aa with Ifw -Rmi4 of Public Worms a bond with sufficient surety thereon and iti an amount m, hied hth"_ ijf j #Ail" And in doing such rp-pair work the con ractor and the s>~rety on l:ia WA,araantee bond ells l b sllt�;et t� life ss,rtie:liability to -the city and any other person for any injury or diartage to s,Y3y pers�,t or prop- grty, In the Ea a manner and to the same extent as is fixed in the last preceding,partgraph coyer1rig the tiro- st�ti�tlost wo+'I�c, . l d #t is further agreed by and between said parties that the aceeptAncG of the avorlc ruvlded for In th►s Bel ?' el, or: ilia paynzont th^reoE, shall ;-ot constitute a v;:aiver on the pa*t of the Clky 0�any �f tla8 prvvit?= 1piill of thle contract, r!or shall it rcl€ase said contractor or the sureties on his bond far,the f hhfiW pdstornl- 1111t1 t} rs f 1 ror shell the acceptance be prima facie evidence of the, perfarmwice of o,ny provinian of 1:Itis sofilf let, ertgot to the =tent of entitling the contractor to the contract price thprefur, 7ho4okiuctor agrees to pay for all labor;ard materials tf8cd or furnished to be used In the mliking. of miew, tit) provimit. t and in the performance: of this contract, wheth::r done or ftrnished for rim, or his age-dt, hsti fit", wttateor er subcontr ^tor; and the city may reserve out of any allowance shade on any elitittiiltts In favar of tht® contratetor or ' ^ssigiu, or out of the amount due him or his 95811"ris upon the C-Offivistl'im ° M the w6r'h, to Muth is rnt. essary to pay all laborers c,r material men for lmounts data thOM f& ` ark don% or materials use, . arnished to be used in the performance of this contract And the doily' of titi'dwor,4 a d tli+s ;"*` U Rt L. :,�;iTeT, acting' as city treasurer, may, retain money collCrted from pro tif'fy ®' 13�>1s a gt* �pd_ior.s iel improvement to pad such debts or ium'I the cosnreetor shows that t st y h�t'fF -e fit . "to : earn all rul-oish, earth, and urfused material• in ibe strt its or skes dk,craoi i :cam. the con- pietion of -the improvement or the repairing thereof. T` y u.ork of -m3'.ir+g sloe?t improvement shall be completed according to the terms of this contract on as t,�'ore the--- --------- - ----- -� - - day of ............ --....................... --...................................... 19--- ........ t rle:ss the time.tor tl;e con:,olction of the sane s!�aii I,e exter:ded iF wrir..g by the Board of Public �;Joins, 111A it is agreed flhaC any such e'Ktei:�ron of tin-;2, or any -alter: `lol of this c-,int.act or of the manner or n!'th- ad of doing Such work sh2l' ;r no way affect 1-11-'dirties, obli�-ations or liabilities of the co)�tractor or his sure- , tre..S"- _ It is agreed that t!,e contra^*or �haii n.Rt., ss;gn this contrast, or sub -let the work'or any part thereof to - . - be done heretlpder, \vlrh,A-t t.h. -i` =n t ;)f the Board of. Ps:i)1+c Works. It is further saver d d -d 01, t *b:> contractor shall gi to residents of said city ar(l county preference in the employ rn,,�nt of aH tab_ r ccessary in the nerforr -lance of th;s c ract, and failing to _ shall forfeit to the city the 'surn of +'en dollars for each fait:re to observe this stipulation. And upon the performance of all thettern:s and cos=ditior's of this contract, and things to be dons ar).j performed by said contractor the said city agrees to cause the cost c.'- doing such work to i; ass _ssed, b; lected and paid to said contractor in the manner fixed by the statute governing the making of such impro m'ents: To each of the conditions and stipulations of. this contract, including all and singular the provisions terms of the nr•^-ts, profile, specifications and resolution aforesaid, the urdersigned binds himself or cif, and the respective successor or assi:hns of such parties. IN TESTDAONY WHEREOF. We, the flaregoIng named part les, hereunt• set our hands this 29th., day of April 1919, "L. H . WEBSTER Contractor. CITY OF` SOUTH BEND, INDIANA. BY G. A. ELLIOTT HARVEY F. ROSTISER ° JOHN F. DEHAVEN, Its Board of- Public Works. CONSTRUCTION BOND. Know all men bty these presents, That we L. H. Webster of the County of St. Joseph, State of Indiana, as principal, and London .and Lancashire Indermtity Company of America., of the County of New York, and State of as sureties, are held and Firmly bound to the City. of South Bend, Indiana in the sum of One Thousand Three hundred and ninety sever. Dollars ($1,397.00)_ for the payment of which, wet and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators Wand assigns, firmly by these presents. 6223 The conditions of the ob 1 igat ion ,are such that if the above named L. H. Webstershall faithfully comply with the foregoing contract, made and entered into this 29th., day of April 1919 with the; City of South Bend, Indiana, and shall fulfill all the conditions ions and sttpulat ions there its, 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 conpeltion of said .work, such extension shall not in any way release' the sureties on this bond. This shall be a construction bend, 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. resvons ible for the faithful compladee with all other conditions, stipulations and requirements covered by or set out in the contract. Witness our hands: axial seals this 29tti.9 day of `April 1919. L. H. WEBSTER LONDON & LANCASHIRE IXDMANITY COMPANY OF AMERICA. BY C. W. GINZ, Attorney in fact. H The above bond approved this 29th,, day of April 1919. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works. The following resolution were adapted by the Board. STREET OR'ALLEY IMPROVEMENT RESOLUTION NO. 666. ` BE' IT RESOLVED BY: THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY STATE Or TI DIANA, That . it is desired and deeemed necessary to improve California Avenue fr°am Portage Avenue to Blaine Avenue asfollows, to-wit:- Sa id .street. shall be graded and the'roadway thereof shall be paved-; abd also the roadway of certain portions of the streets and alleys which enter it inter- sect said street shall be graded and paved. The paving material to be used in making said improvement shall be Portland cement concrete, Sheet -Asphalt, bitulithic, asohalti c concrete or brick, and the foundation shall be portland cement concrete five (5) inches thick for the sheet asphalt, bitulithic, asphaltic concrete and brick or rolled gravel six (6) inches Chic for the brick, also cement ctirb shall be con- Istructed along sa tiI street where same is not already constructed; st6rm-wi,tir 3 inlets kno�candultss`shall be-ai+natrue ted where necessary;.-7 aV l manhelortj)pali,nd stoma water inlets shall be set to the proper grade; cement marginal curb shall be eonstrue:ked at all street and alley► intersections where necessary, all as is more particularly shown and all in accordance. with the plans, proiles, detail drawings and spec if. icat is on file in the office of the Department of Public Works of the City of South Bend, Indiana. The coat of the Improvement herein provided for, except street and alley intersections, shall be Paid btf ° spacial assessment to be levied upon the property specially benefitted, to the amount that the same.- mat be lei ally n.sses-% therefor, in accordance with an Act of the General Assembly of the State of Indiana, `entitled "An Act Glonce-ning Municipal Corporations," approved March 6, 1906, and In accordancq with and pursuant to the provisions of all acts amendatory and supplemental thereto, The cost of all street and alloy intersections, including one-half of the —Idth. of the. imnx=are. •ent oppo- Otte street a;1d alleys which run into, but do not cross said roadway hereln proposed to be improved and that portton of street, or oiley.abutting upon property belonging to said City, or upon, property not subject to such assessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund cre- uted by a src^.ia] assessment to be kovled under the provisiona of Section 108 of the above entitled Act. Assessments of ten dollars and more against eachlot, if deferred, are to be paid in ten equal annual ' in atallmen!.s, + -Ih mtersst at the rate of Six per cent pe annum. A liond or bonds will -be issued to the con- -tractor to the amount of such deferred assessments in pro rats. payment for such impro-einei:t. Under no circumstances sM-11 the city of South Bend be, or .be heM responsible for any sum or sums due (robs said property owner or owners for said woek, or for the collection of the same, or for the payment of any bond, bonds, certificate or cer:t'lcates> issued to said en: -;tractor in payment S.or such work, except- for such moneys as shall have actually been r=eei-red by the City from the assessments for Ruch. improvement, 'or such moneys as said City is by aaid entitled Act and P.m• d:neht and sup+plemeRts thereto required to pay. Ail Proceedings had, and work done in the m:l-king of sail i,ruprovemert, as-sessirent of -property, collection of as- sessments and issuance 'of bonds therefor, shall be as provided for in said above entitled Act, and Acts a mond- story thereof and supplemental tt'areto. 62: i P C sent i nued k�a .............day of BE `?7 11'1'f Tt-TSOT,+},D, Tbat.the Board of hour p Works�5P. PifIX tni�t the e of the Board of Public �.��� il� .. L,y'a City s t' e time And p;?€1 fo the pc�bly. coyzsytleya ;on of gcyd-pisoliable to beoasa Psed2for id. e .tci - rt4,d. of z? :c -V,"7oal� w•11 nos., a1.1 pefsous inter s:.ed, or �v., se property. . inyrr.v;.rrtt, and i' a re . er the be efits to the property liable. to be'.aesessed for sad yprovament i Y Zt i t 1 �f. iVlfl eft tl (' 0i B 1„ z.V �r tt 3-So-r'r i3. That notice of afntyis rasollutj �onoshall be publishedonublic be pub- #4�� qd i�d rasjlga an the �Nv =._cr provided. lay lam. i t}c. in t9 South 8ers d Daily ' tbune • tl. pr 1 1�.�� yd oiy ti$..7'th,. day of.. •?may ... 19 J,9., 18 �f . day oi. .A 1`•il' +1�Y.' ' ctsd c1ti�....:-,9th, .... p G.. X- ,ELLI.OTT BOARD OF PUBLIC WORXS, HArRVEY. ,F. ROS.TISER HN, JQ F •. ,DEFiAVEN Attested: Ve"ronica C. Sweeney, Clerk of.. the Board. STREET OR ALLEY IMPROVEMENT )RESOLUTION NO. 667. BE : I.T RESOLVED BY THE BOARD OF PUBLIC WOR S OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, that it is <fes fired and deeAmd necessary to improve Allen Strut, from .an Buren St-reet to Partage Avenue as follo'ms, to"wit:M Said street shall be graded and the roadway thereof shall be paved; and also the roadway of. certain portions of the streets and alley which enter r intersect said street shall be gr graded and paved. The paving material to be used in making said improvement shall be Portland cement concrete, Sheet Asphalt, bitulithic, asphalt-ic concrete or, brick, and the foundation shall be pertland event concrete. fwe. (5)_ inches to forthe sheet asphgIti, bitulithic, asphaltic concrete and brick , or rolled gravel s ix. (6) inches thick for the brick; asbsc cement curb shall be con structed along said street where same is not already construct; soorm water inlets and conduits '.shall be constructed where necessary; all manhole taps and storm water inlets shall`be set to the proper grade; cement`marginal curb shall be constructed at all street and &I.Joy intersections where necessary, all :as is more particularly shown and all in aec ©.rdance'avith' the- plans, prof ilea, -detail drawings and ,spec if icat ions on file in the off ice of the Department of Public Toilks Of the C ity of. South Bend, Ind iana. The cost of 06 fmpeovowent herein provided fir, except street and alley intgrsections, shall be paid by #peclal assessmen4Wt to be 1d 1#pon- the property specially benefitted, to the amount 'that the tame pay,be leg- pily assessed therefor, in accor4auce with an Act of the General Assembly of the. State of Indiana, entitled "An 'Act `Concerairc . izn? ipsk"Corporations," approved March 6, 1906, and 1n accordance with and pursuant }o *,e .provisions of all seta amendatory and supplemental thereto. ' e cost of all street -and fllay Intersections, including one-half of the width of -the iYnpr� cement oppv- Ue-strvet Ord alleys which run- i^to, but do not crc s s -id roadway herein proposed to be In -proved and that gjr inn of �, ^ ti: Street or alley abutting upon pr:^nerty beyon,ing to sRid City, or n upon p opQ ty not subject to Such asze sraent shall; -be paid by the City in cas'a out of i'a general fund. if abl., to do so or from a fund cre- ated by a t;t:i. 1 as -_ens nrer_t to- he pied under the p_ovisions -of Section 1o8 of the above entitled Act. 9 sesUmenta of ten dollars snore against each lot,, it deferred; ale to be paid'iu ten equal annual in- stailraen- FI p raFerei=i Ztt the rate of Six per cent per annum: A bond or bonds, will be issued to tha con= x, tr.,lxtor to the dun€.if such deferred as ssrrents in pro rata payment for such i=praen:ent, V3sder no eirculnstancee shr_11 the .city of South Bond be, or be herd responsible for any sure or sums due from said properir owner or Owners for Paid woia,, or for the collection of the same, 6r for the paycpent of any bond, bo_e_ds, certificate Or cerIficztes, issued .to said contractor in paymer t. _z:r such work, except for, such moneys s=shell hAve actually been received by the City from the assessments-foP such improvement, or such moneys as--said-'.Cit- is by m -id' entitled Act- and aq.edment and :sup+Fle ents thereto, required to pay. All proceedingsirad,"and work dome in the matnng of saitl ilrproveumieLt, tssessm,ent of property, collection of as- sossments and 4 suance of bonds therefor, shall be as provided for in 'aa.id above entitled Act, .and Acts n,meYtd- %tory therec.f and e .^elet,e^.fat tti reto. 1. TliO l' r`:Il?.Tl'�R.it^fit?i.V>7D. That the Board.of hourPuLljot 7:15 P. M Works fix .,ate. �t". ofee of he Board of Public ,Maur: , .... A 73'T91�... thi C'tv; _e! t'�e tl a an4 place fo the public cor3sider UOn of said- proposed impsoven=atit n+ Whic±h ;d I'€}°lld is �,l+liq Mirka w`ii ro+23� all perscra -14 interes.ed, or whose property is liable to'_be assessed for, son # f8,4,�M@At, And ill Licx3de 'rilther the benefits to the property liable to be assessed f6T saisi inilirovebse nt IT Fur F. D. J;y,rfOL V ED, That notice of the time and Place of such public co$siderstion 'fala.� ##0 .e Ltd lu sl0fl in tAe; foanhgr provided by law. Novpa of this resolution the s u Bepli ailY• '1'r,ib�+ xi e n Cif; t A � i?il9and on T th.'1. day;of.�:°, �::::A-Pr 1--19 96, G. A. `ELLIOTT BOARD OF PUBLIC WORKS. HARVEY F., R.OSTISER JOHN F. DEHAVEN Attdfsted: Veronica C., Sweeney, ` Clerk of Board. ....62 Tu a d�a.y—Ar ilthQ•-� set i n�a sit.- The Board"brd�,red`the"following lights.. An _80 C e F4. .l ight tin Chef irat alley south of Washington Avenue and 'South of Chestnut Strei�t;,.�: Pladar'.ane: l.,ght on iron pole ;at Northeast corner Cleveland Avenue and Lincoln Way".West'and remove entirely-lightwhich now stands on Cleveland Avenue at the intersection of alley about one half block north of Lincoln Way West. Engineer filed assessment roll and final estimate for water connections on Wener and Carroll Street from High Street to Paris Street, under Improvement Resolution No. 627. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published onehte 30th. , day of April 1919 and on the 7th. , day of May 1919, in the South Bend DailyTribune, stating that this Board will give a hearing on the amount of su such assessments at its office in the City Fall on the 14th. , day of May 1919 at 7: 15 P.M. - Resolved further, that the entire work under the above contract be accepted and approved and -,the final estimate thereon allowed.. Not ice _ of this e res blut ion shall- be published -bn the 30th. , day of April 1919--and on the 7th. , s day of May 1919 in the `South Bend Daily Tribune, stating thi . -this Board -will give a h6ir-ing "on the acceptance of 'such work at its office in the City Hall -on the r 14th., day of Meer 1919 at'7:I5 P.M: Engineer filed assessment roll and final estimate for - Pipe sewer on Walnut Street from Ford Street to Grand Trunk Railway under Improvement Resolution No. 598. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published one the 30th. , day of April 1919 and on the 7th. , day of May 1919 in the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 14th. , day of May 1919 at 7:15 PM Resolved further, that the entire work under the aboce contract be accepted and approved and the final .estimate thereon allowed.. Notice of this resolution shall be published on the 30th.9 day of April 191 9 and on the 7th. day of May 1919 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the 14tu. day of May 1919 at 7: 15 P.M. The Board instructed the City Engine r to prepare resolution for the paving of Michigan Street from Howard Street to Wakewe Avenue as :per petition on f ile. . , The Board instructed the City Engineer to -prepare resolution for a surer ih South Michigan Stre t from end of present sewer to top of hill on Mich* Michigan Street. r . . F� 2 The followingc la, ims were allowed by the Board. Bell Nedd o... $16. 00 Chicago, So. Bind & No. Ind. Ry. Co. 12.00 Eng ineer ing Dept.,. 264. oo So. Bend C. & C. Co. 4.25 " W. P. Sem1ow IJPg. Co. 100.00 U. S. Sanitary ProdUets Ca. 0401.75 Remar traneG. f sled against the construction of sewer in and :along Dunahm Street from Chapin Street tp McPherson Street'. Samo rea dnand 'placed on f ila.