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05/13/1919 Board of Public Works Minutes
6l34 Bard, met, in regular, less ion at, 1.0i: L00 A.-M. A11 members present. Bids, were received, oPenod I and read and referred to the City Civil Engineer. for tabulation on, the following impr,evements. Pavement on South Bend Avenue from Eddy Street to the City Limits Bid of Reith--Ril-ey Constructi-en C-ompany. Curb fng per 1 in fit • ... i. • • • . • .,•,a. r., •>s,• • • , c • • • r ♦ 3!5 Grading per eu., .yd ..• ...:.-.........-.......... ,.......... .... , .75 7' inch too sdto pavement .per. sq. yd....... • .. , . • . ...2.16 Extra f ill per cu. yd.. , ......,.................,... , , .........1. 00 Inch X '% -inch -expansion joint per. ,11nft....,,.....•.... . .15 .Steel.protacting.plates........,♦...........•...••020 Building .up .to ,grade .two 8 " inch conduit pipe, per tin -ft ..................... .70 8toem water inlets egeh......... Marginal -curb 'per 'l: in ft... ... . ............. : . 25 'Resett ing manholes reach . . . ..... . . ...°.° • ., ......... 3.00 Resetting 13iletat, each. .>..'.. .., . .................. 3.00 Check fir $537. 00 Bid of Vbs'�, tT Q*nnstruction Company.' ,Curb zig per' l in ft. .:..'..°...°. , .... , ... .28 Grad ng per cu. yd..... ..`.° .......... . .... . . . 75 -For extra f 11-1 ,per cu. yd..`.`. ,`:.'.°.. ........ .60 Manhiies, per eft. in depth.`, . , .":....',":...... .. 5.00 Asphalt is concrete pavement Trinidad Lake Asphalt ,pqr 4q..yd...........................,.... 2.33 8 Inch .c*nda#t pipe, :per 1:[n ft..........J...... • .... .80 .Marginal . curb, . per :1 in .$t .� ...., ..> •, . •, •> • • . • ............ . 20 storm .water grates, ,each.., . . ....... . .... • • • • .... 9.00 Aesetting inlets, each...............,...... • • ...... •.... 2.00 °Resetting manholes; per eaoh.�� 2.00 Certified check for $537.00 Bid of the White Construction Company L Curbing perlin ft........ .........................$ .3o Grading per cu. yd..,............................... .70 extra f illper cu. yd................................ .50 2 manholes built up to grade at...•96...•..........90.00_ Asphaltic concrete pavement using Trinidad Lake Asphalt per sq._yd............... 2.22 8 inch conduit pipe, per lin ft..................... .80 Storm water inlets, each .......... . . ............ , . , iQ. 0Q Marginal curb, per lin Ft ........................... .30 Resetting inlets, each.............................. 2.50 Resetting manholes, each, .......................... 2.50 Certified check For $537.00 Tabulation on the above Improvement bids to be reported to Board Wednesday May 14th. , lQlg at 7:15 P.M. Communication from the Health Department of the State and a commlzni- cation from W. D. Teeple Build ng Commissioner in regard to getting copies of law printed. The Beard instructed W. D. Teeple to get prices Mde on one hundred copies and submit them to the Board. Mr. H. Herr with dr. Rice representative of the, Art Metal Steel Co.,. met with the Board and submitted plans for the cbangiag :tw of vaults in the Engineering, Water., Works and Beard ,f Public Works office and submitted the following bid. may 13,1919. Board of Public Works , City , of South Bend, Ind Jana _ " ---Gent 1QIIe21: w ,. • We purpose to furnish and install, also to move and place the present equipment., along *Ath the new, the present files in the vaults of the City Engineer, .City dater Works and Board of Public Works, the equipement as set forth in the attached drawings, also to furnish two #740 Art metal four drawer vertical letter files together with one paid of ends for the section, one # 222 five drawer 5 X 8 card section with one #283 base and one #286 top .for the Building Department,, all complete for the sum of One Thousand seven hundred and fifty eight dollars anal. f =ift:y ,coats .($k,758.00) All special work to match the equipment -now in -use both as to color and trim. If we are awarded this contract, the work will be built by the Art Metal Construction Company of Jamestown N. Y. and will be installed by their mechanic. This contract may be awarded direct to the Art Metal Construction Co. should the Board prefer, in which event the price quoted by us would remain the same. The above mentioned price does not include the moving of the iron safe now located in the vault of the Water Department. Respectfully submitted, THE HERR & HERR CO- E. E. Herr Seely. The contract was awarded to the Art Metal Construction Company and approved as f of lows: - THIS AGREEMENT, made this thirteenth day of May 1919 between the Art Metal Construction Co. , ( a corporation organized under the laws of the State of Massachusetts, with the principal . off ice at Jamestown, N. Y. ) party Of the first part, and the Board of Public Works of the City of South Bend, Indiana. Witnesseth, That for a cons iderat ion here ivafter named, the party of the first part agrees to furnish and deliver to said party of the second part, at the City Hall, South Bend, Ind., certain, remodeling of steel equipment now in use, and add it ions thereto, All as set forth in blue prints attached hereto and hearing the date of May 13,1919 on or before July 13th.91919 (subject to delays caused by strikes, dif- ferences with workmen, accident at mill, inability to obtain accurate measurements and data, or contingencies beyind the control of the party of the first part,) the several articles described in the accompanying plans and specifications, which are hereby made a part of this c antrac t. The party of the sec and part agrees to : pay the said party of the first part the sum of One Thdusadd seven hundred and fifty eight Dollars and fifty cents ($1,758.50) Dollars in good and lawful money of the united States (New York exchange) at the time of the first meeting of the Board of Public Works following completion of Work. ° It is understood and agreed that all measurements of devices are shown in the following order, WIDTH, HEIGHTH and DEPTH, and that said measurements are BETWEEN CENTERS And not IN THE CLEAR. It is understood and agreed h#the parties hereto, that any and all drawings and spec if ieat ions prepared for the purposes of this contract by the party of the first mart are and remain - the property of the party of the first part and are net transferable without the written consent of the party of the first part. If it further agreed that the provisions of this contract shall not be super superseded by any vertbal agrnments. And mod if icat ions, amendments and: agreements affecting the pr ov is ions of this contract must be writing and signed by the parties hereto. The party of the second part further. agrees that in the event t7se building for `which this work is intended, is not ready for its reception upon arrival of the first shipmento ..the said party of the second part will provde adequate and proper storage space .for same, and extend the time of completion of contract equivalent to J the delay caused by non -completion of they bu114,.. 65) G, This contract must be=> countersigned by an officer of the company For' the party of the first part. IN WITLESS WHEREOF, the parties have hereunto sett their hands , at the City Hall, South Bend,, Indiana this thirteenth day of May 1919. ART METAL CONSTRUCTION CO. Inc. BY E. J. RICE BOARD OF PUBLIC WORKS OF SOUR. BEND INDIAI A. BY G-. A.- ELLIOTT HARVEY P.-ROSTiSER JOIN F. DEHAVEN Apportionment of cost to the different departments of the total of the c`intract' to which this is attached. City Eng ineer. Dept. , $545. 00 Board of Public Works. 403.00 City Water Dept.. 740.00 Build ing Dept 70.50 Engineer represent lug the. Michigan Central Railway Company met with the Board and took up the matter of notice sent to repair drain at Leeper Avenue viaduct, also putting in crossing at Pokagon Street at Michigan Central Ry. Er agreed" to take this matter up with authorities and have the same put In. Mr. Abe Livingston met with the Board with- representative of the Otis Elevator Company in regard to permission to install elevator . in his store building on West Washington Avenue. The Board granted permission to Abe Livingston to install used elevator in his buSiding at West Washington Avenue. Excavation bond for the sum of One Thousand )$1,000.00) Dollars signed by Raymond Dale as' pr incipal and New Amsterdam Casualty Company as sureties was approved by the Board. Excavation bond of Jaeoh Singler for the sum of One Thousand. ($1, 000.00) Dollars signed and approved by the Board. Petition received fro pipe sewer - on George Avenue from Osborne Street to Marietta Street. Same read and &placed on filer. Pet it ion for lights on Pokagon Street between proposed b culevard and Poster Street received read and placed on..file-. ` pet it ion for an.. arc lights. on small .Mile in. Hamden Court at the north mod. whikeyit intersects with the ' alley. Same read` and, referred to `Thes. Beanig for invest igat ldon and a report. Petition filed: for a sewer and pavement on Corby Street .from Notre Dame Avenue to South Bend Avenue, same read and placed on file. Petition received for a water main on India -Court from'La Salle Ave. to alley north. Same referred is the Water department for report.--. The Board ordered Samuel Louts to fill b i4ts in City With coal at $6.00 pr ton, _ e Mr. Wm. Maurer of Wm.- Maurer & . Company appeared beforo the Board - in regard to bill for $285. QO in payment .far work- of constructing spiral stairway in Engineering -`office. Some deferred unf� y may i4th.9,1919 at 9:30 A4 M. C cam )]gint a b out pole owned by the Ind Tana & Michigan Electric Co. (No. 2 0068) Jointly with the Central Union Te le phone C omiaany which is in the Way of a new garage entrance at 1017 Carroll Street. The Board ordered the pole to be reset to the s outh end of the garage, Engineer f iled assessment roll and final estimate for pipe sewer on Birdsall Street from Fassnacht Avenue to La Porte Avenue,, -under Improvement Res olut ion No. 601. In the City of South Bend, Indiana. Res owed, that not ices as tie the assessments be published on the 17th, , day of May .1919 and on the 24th. , day of May 1919 in the South Bend Daily Tr ibun�-, stating that this Beiard will give a hearing on the amount of such assessments at its off ice in the City Hall on the 4th. , day of June 1919 at 7:15 P.M. Resolved further, that the entire work under the above contract be accepted and approved and the final-setlmate thereon allowed. Notice of this res olut ion shell be published on the 17th. , day of May 1919 and on the 24th. , _day of May 1919 in the South 13pnd Daily Tr ibun -, stating that this Board will give a hearing on the acceptance of such Work at its office in the C ityo Ha,l l on the 4th. , day of June 1919 at 7:15 P.M. The following contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 13th. , day of may 1919 by and between W . W. Sibley of the County of St. Joseph and State of Indiana (herein-, after referred to as the " Contracter" ), and the City of South Bendy in the County of St. Joseph, and -State of Indiana, by nd through its Board of Public Works, (hereinafter referred a as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana,.: entitled " An Act Concerning Municipal Corporation," approved March- 6,1905, and all, amendatory aiid supplemental iota thereto:- W itnesseth, that the c ©ntract or covenants and agrees to constructed water a ennect ions on Elder Street and Carroll Street from Michigan Street to Stenger Street, 'in the City of South Bend, Indiana* at and for the following prices: - Long side... each ............................... 22.25 Short side, each .................. .. * ... 18.75 and to perform all work in`the prosecution of said improvement; under an&accoiding to the terrus and Con- ditions of Improvement Rlesolution No. 6�j� , adopted by the Board of `Ptt%lie 7Arorks_.�a_re.�.�? 8,.1919. and the plans, profile and specifications on file .n the office of the Departm9: t-of Public Works, which said resofutior,, plans nrofi?e and specifications are made a part hereof �s fully and ef:ectually as if copied arid set otit herein at lull length. T+e contra'cto°r Itirther Expressly covenants Arid xgre Wit- n pro5eeutm o sat d work aft proper skill a-,:d care ;^'1 be exercised; th =t he 'l .p on d r;_ '�c�',al e e�ivatloris -rh i}ger ,us places, and ;:l use all due'ar-d proper precanti ii: pW..ve. t Or �2 � • rt�F.� that ' � +be eve; t (�1� any injury or dam,-t;'e r- suiting from the Ixi?'rf or ?`,G']£. �rnifi?i �+;^.rt Or thint�.C^tlPe~fel4l th > VVit ©f arising therefrom, to -any persc-t or property, h ";11 pay ate' #ice +L}ate tkru same at ..is own. e:,pefis?, $ ?ti as= swine the liability therefor; and in the event 'of any ciarrt or claims be;n-g m 6--or any a :tion r�t, actions-b?iris? bre-a lit a a'n;t the b reason or on account of 6r r6wii3 o13l ofk� rl ..^r'r nr its Ci?r ctit:rti r n, g y y,, s :`d contractor wilt at his own expense defend the same, and w-iil pay any judgment r?cover -d +herein, an(I in all respects fully indemnify and save harmless said city, its officers, agents:or reareseiitatives from all cn;t, expense, payment or judgment recovered in connection with such claim or claims, action or actions. A,1 f within ten days after any such action is begun, the city shall notify the contractor of t-:. »on e cv ;her --f, tben any judgmn rlt rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to tl-- ,mount, liabihty and other matters perta.ming thereto. And the contractor agrees to maintain said lmprov, anent azc luak*- such repairs as may ae necassa y the period and in the manner as fixed by the specifications, and to secure the maintenance and repair therm.;,), to file with the Board of Public Works a bond with sufficient surety thereon and in an amount aao fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sarne liability to the city and any other.person for any injury or damage to any pers .-.r. or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction 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 o:, the part of the city of any of the provis- ions of this contract, nor shall it n:lease said contractor or the sureties on his bond for the faithful perform- ance 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 cam',ma, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city: m.m ,reserve out of any allowance made on any estimate in favor of the contractor or ' ' assigns, or out of the o int due him or his assigns UPOftLthe completion of the work, so much as ma ;essary to pay all N SYor material men for arnounti' due'them for work done or materials uses arnished to be Use d�r ;' �� erformance of this contract- and the doing of said worn, and the t:ounty tr<z;a;�O.rer, acting as city treast , may retain money collected -from property owners assessed for said improvement to pay such debts ox until the contractor shows that they have been paid or satisfied 65 r snr : ail ru � sii, earth, and un,-sed material in the strk- is or sides theraoi tic t t,> ctzr; s.; ^� *.h_ imnro,rem :at or the repo;ring thereof. 1`he uOrk of n�al'+^o �3 ^>i impr- aement shall be cori€Jeted according to, the terms:of this contract on or h+mfnre the r " day G f In tiY.C83. t11C 1YiiY. Or *l Q? )lf't 3"1 of ,he i Y., 11- Rlaard of Pu.bl:-C �h1o`irs. Ar d it is agreed t iv. t a-iyT o i-h \ ?,,cion ,f +;?"_1... or y -]tent `yon of f.h,SC,'Y, manner or { the maner or in th- od cf doing such vao:l, : ?1 r, r,> N,ila a:fect the dtt t c Y s,.oblign iors or,l..ahi.iti -s of ths_ contractor or his sure- ties It is agreed that t1ne ssi� 1 *h;S �{ SZih 1pt t� 1 -z n, wor k or any part thereof to be done her'!1nder, vvi- f 1 }? G Y r- i ` i rc it is further ae- I } : i f . . :-)n ra ,_ot ti ill give -,to residents of said c,tv and county preference in the,emploYm pi ssary in t1.. )erfCrr'i.Lr!,;e of this, -o ', ac„ and failing to do so, shall forfeit,to the city th ssa Yi c °ea col-ars ZQr ea__ h, fail-ine ' o obs rve th€s stipulation. And upon the per orr.nan' of a,' t t. ris'and c > , o= .- itions c r .s co roc ai,d things to be done and performed by said contra(ztor the s ii.d city agrees to cFiz e the cost r doi, surli wort to b.e assessed, col- lected and paid to said contractor in the manner fixed by ,the statute governing ,the making of such improve- ments. ` to"zach of the conditions and stipulations of this contract, including all';and singular the provisions and terms of_the1^^s; profile, specifications and resolution aforesaid, the undersigned binds himself `or itself, and'the respective" successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set out hands this 1:3th. ,, -day of May 1919, W. 9P.: , S IBLEY Contractor. CITY OF SOUTH BEND, INDIANA. BY G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. PUBLIC IMPROVEMZNT CONTRACT. THIS AGREEMST , Made .and entered into this 13th. , day of May 1919 by and between W.. W. Sibley 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; l 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 IndIans, entitled " An Act Concerning Municipal Corporations_, ", approved March 6,1905m, and, all amendatory ant supple mental sets thereto: Witnesseth, , that the• contractor covenants and agrees to construct wester connections on Hsney.Avenue from Michigan Street to High Street, in the City off South Bend, Ind iano t and for. the following prices: - 44 _water connections on the long side each, ...... 23.25 26 water a mnect ions on the short side, each....... 19.25 � t& fffiftftl 99 work is At PfOSeentim •mproveme� under and a�rdiVC to tb* twm hat ta>i�, mo di, ®va:t 1+% 40 adapted by the Board 9f fN% �M�,h 18 1919. ��.ft ctfieatimts on fife f� +he office of the Dega-tment of full% WOO A3 f # Q1iltlf,' te stud spesafiradom are made a fart hereof as fully and tft"tually a8 @@�@d boil ,1. t� s st ts11'ti't, 86 iiff"iff leff bier ekprefdy covenants and agrees that in the proaeention of %aid Woelt ai,] pp jp B f f s144 'e �#41,1 `ba 4W.erei§VCd , th ` hit 411 r. mac' .. . ; �•, * l � � _ � �,.. r, all e�cavati®es �.�� ding* eef 11 6ifa O1l due vnd •r ecafltio� t6 or v t +eau; prn�� pr, w �• .o �r_y person or p�gtft�,i ft�at i!� a)f jt1�1 f + of f Afnage refuttillg from the w' nr'- or r, s ,ltircr from a- matter y .. t.er ®r thin P®np�etj-d tht!C@�i►f1 eP iv offs tK@f@fralt9, to an eromn or property,he ---,11 pa and li ,,� p y q- date the same at ;% own @mpt'.1 �, and al. me he 1111b111ty thore or; and in the event of any claim or claims being reads or any aeti0.1 @r at-tim Nli 1.4ght 914fflit the city by reason or on account of or. grog ing out of -said work or its con :tru@fi@11 qhI @ai 1 fltfa@tff Wli1 at his oven expense defend the same, and will pay any judgment recovered th@r@fn, and will ill 911 f48011h fully Indemnify and save harmless said city, its officers, agents or�represeotativ@® fr®l� all @8€t ®]l®@, a met3t`0 Judgment recovered in connection with such claim or eiatm®, action Ar @@ti®f}g, And, ? f f@flays efts! any such action is begun, the raty shall notify the contractor of tb@@deri@y. €@re�ft nay J1 dsetent rea ared against the city sha11 be conclusive against the contract®rand agaise t1}A /1 @€ ®]l �1 tlrl:et�. bond, ae to tb y.mount, ability and other matters pertaististg t�crao %p!� q AY i#4 Tric trp rq,, �Pr a re4$ w xn;-Tm, am $ss,a'£i. ,! t- : -o: :>.t Li.4 -.,.= i.ipt c ,.e. till °in1 Ci ¢ R� 1�t nor �,s fined, by the s»Pciln-a'tons, acid to sec.re •iie maimenaw�e &-,d reps;ar th .r t@ fl 1t with t1to i��arsl �� �1�l�lfc VV®rks a bona �„th sufficient surety thereon and to an amount s% hxed by tlxe IllA i 44101111, And in doing such repair work the contractor and the surety on his gito anti e ror,- shall by Ohl m tB thi §411k� llghjli�y to`t>�Q cjty and slay other person for any injury or damage to any per° tr car prop. only In the R=4 mk1,:1er and to the Game extent as is fixed in the last preceding paragraph covering the cotae �tl= tif� work. d it. i@ rtl �r agreed try andb-tweet said parties that the acceptance of the worst provided for in this � lifl't �t €ir tote p[*ym tIt tlj r Aett shall. scat constitute a waiver on the part of the city of any of the provss- fbtts " l lt` KtiittltGt, 11f1F shall ii r41ea,, said contractor or the sureties on his bond for the faithful perfor<z►- t; ;fie thtr€wf } nor shall th& acceptance be prima facie evidence of the performance of any provision of this ®ntrhct, ;opt to tljt' c.=ttcrt of entitling t o contractor to the contract price therefor-. hia 00ptio;-tor NUM t,o ptY for all labor -nd materials used. or furnished to be used in the making of @uth Iry f it ist the rrfArmarce of this cone ar-t, ;�e*her done or furnished for him, or his agent, g"e resggr er %"b- ntrr or; and the city may reserve out of any allowance Wade on any estimate ij Jovor (of the e6nlrActor tat *rsigd'1s, or mtt of the amount due him or his assigns upon the completion bf the �erl�, �6 t ilv s t$ tea vestry to pry all labere.s or materiw men for amounts due them for � � i�niat�xial� tsar;, �;ruishid to 'be used in the performance of this contract and the doing of laid 'w -gal rht co�aa *•• t_ x, ..q as city treasurer-, ma retain money collected from prop" bwntrt h.s tW,.l� for mid tmvr% vottttet�t try pay sacra debts or uucil the contractor shows that they have been Pala 01, wwtl tt-A zg eas to remo- aA ru';'isn, earth, and un+.sed material in the str,- AS or sides thereof pon the completion of the impro•Tem:.Jt or the repairing thereof. The work of making such improvement shall be corn pleted according to the terms of this contract on or >tefore the .............................. ----------------------------- ----------------- dav of--------------------------------------------------------------------------- 19----------, unless the time for the cornipletion of the same shall bw eY`erded is by flip Board of Pt:blic Worms, And it is agreed that any s'+ch �-rten,ion of ti '' -, Or ny al+er�7y,(1t1 of tl?'C' .S Cns" � aCt Cr of the mr: aner or meth- od of doing such work s; i11 ;r no ;vay affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that tl,e cn; trot nrtt-ssl-�'_'1 this cor —f. or sub -let the work or any part thereof to be done here-nder, v 1:. ._ ! _ _ . . •)f file Rn :, •i .F j�;'i;le^ Works.7t is fur -,her a a r r-'j e o residents of said ci.y and coca y preference in he er <:" -er i� e n rF -ar, e of this co -act, ar. P y the d failing to do so, shall forfeit to the city tr,': ? _ :or to .h 'a,1 r- o observe this stipulation. And upon the pc ; r r __s `na 1.tia_s of this ce :`rat., and things to be doYie and performed by said col .a cr .h s?-:d ,r s toca _..z the cost c; doing such work to ue asscssed, •_ol lected and paid to said contractor in the manner tiled by the statute governing the making of such improve- ments. To each of the conditions and stipulations of this contract, including all 2-d singular the provisions and terms of the ~s, profile, specifications and resolution aforesaid. the undersigned binds himself or %-d the respe:_.,,Je s,;ccessor or assigns of such pasties. IN TESTIMONY WHEREOF, We, the foregoing hawed parties, hereunto set our hands this 13th., day of May 1919, W. W. S IBLEY Contractor, CITY OF SOUTH BEND, INDIANA. BY G. A. ELLIOTT HARVEY F. ROST ISER JOHN F. DEHAVBN , Its Board of Pub 1 is W sr Its . PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 13th. , day of May 19199by and between Brune De Peape Of the County of St. Joseph and State of Indiana, (hereinafter referred to'as the- " Contractor' �, n :.the City of South Bond, County Of St. Joseph , and State of Indiana , by and- through` its Board -of Public Works", (herein- after referred to as the " City"r, under and by virtue of -an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Crporat ions," approved March 6,1905, and all amendatory and supplemental acts thereto: - Witnesseth, that the contractor covenants &--A agrees to construct sewer connections on Walnut Street from Div is ion Street to Sample Street, in the City of South Bend, Indian at anC for the following pr ices: - 256 lin feet of 6 inch pips sewer, per lin ft.......... 1.00 660 i to, Veriorm-.a11 work }n,,. e prosecution said improvement under -and according to the terms and Cr�n- cd-'`+o„i of IznprovPm.�ent solut,fln .Nn ... --...... , adnpte4L by the $oard �f PZ'.alic: Works--- ar.,d `he Plan j'profile a,nd §Pe6fic.e.'ons on file "n 't" Office of the Depa .m. �t of Pubiic;Works, whieh said. r�"OYtftic�r3 t+'ns;,rroF?.� and ci sefaca*ions are. niadt' a t .t hereof �s full+ and ea-ctvally as if copied and sIt oA herein 4t fi?Il 1:: cor actor fizrthrr�s l3' cayman as -,,k all proper st ii l c3_rA I h e . rc�s ,, 4he ,I Atid a ilre ' G -. r �.T ��-* `_' .,� `& fi4},A ais d�ngFroUs p1aC `'s terms t n a z ev..nr a la a�iy o M4x�.�a� sS .� �a� a. _ ; y 4 :: }"x1Z � 5g7a rr s ,�€" a�"�5 �� r n y aits7itgtiif+drVy brit y f3 'i)y�3"i-gi 'aw •y 1� w�=Y -' rar�+ri * e5 iGY Ci 4i$c��)id Si1d is 4U�v: 2t S_ 3' rc wit; 3 brc.+ght ai "''# $� s' 3di4t ��{ �n++ t5s35�s� r s. t, itia"c ILA` Sn I contractor will it Vtr arxn a >ense Sefe A€ e, 4� Sit ;jay all respects fully in4emnify a� ,save harmless said '_its*, its o cep, ��e��'s�.�tatives from aii cOsf expense, payments or judgmea-meboverediu connection with 4af=-�dr=ie,640Or:-actions. or ctions. A -A.. f within ten days aftce ,�uaih actim is begun, the city shptt notify t1iP cs�_ rac•oi Of o-r4cncy Cher :-�f, th :n any kudgm�r conclusive aga}nst the contractor and against the surety on_hia constN- ctio�*- . ts3't� `. mount,'liatril V and other matters --pertain- g thereto. AV t1 , and =, `. .Z0,900.0VA wox6cat =MOLTow Row Ve"M for t' any iaip e � "' ,et ; + intllae psi { � >� PF #FFP## 4Y Ap4 hatwooto Rod parties that the acceptalitet of tilt 1*6f jl miisntr l og'jt phail npp annotitute a waiver or the part of the dtf� �. � Hil- ._ . i #.� 4t 1 4 1i a Q4 contractor or the sureties on tit§ baliE d 4 i .- - i. P j E=P ti a l4P �i nR facie evidence of the orfarfbaf-lbe of ji#� i�tJ1pu It � t TP t o ocmtractor to the contrab yke t PRI P p b6pelebt� to X fIAT RIJ ' A�Qr end materials used or furr�IAM td bd tf �� 4h the , + likU AT11A.T tlWRV% pf %4 =tanct, whether done of jtiftrj# r � 6f }iiff4 . ;r - l 1MR , A -V I S Fray i MA 44 *:y xa*y reserve out of :vy &J16 v��'ct �f�� � Rat q4 to zaimmt due him ®r M# o�01 &M _Vff90nM~ e# tw rcmu a'I ru',_=cn, soar, and un.sed rn?terial in the strt;ts �or sides t'. u-af h Corr•nl. z the mpro-2m. it or the repe;- ig thereof. _lie }}7ork of, ma.'-irg st}ch-improvement shall be comNeted.according_to the terms of this contract`on or z} s the time for na �r �1 n . f ,he sa s� , ah. of y - = , f d t is ti e }� f � , pl .ate: }oh of � ; d ig .v t t a Board of P biic Wo t-s. b Y - ? .., Ogr ?, V 1) Cr _ �CR -Cf_ *� c_ .: aft or of the mant.er or ni �Fh- 0 d Cf dO1n.g;St?(,ri v.%Oi:. ;-11 -r. T::tJ WajT siTeCe 1 e EiU-}:ec, ODl �a ip S Oe 141�?i}TIPS Of tla Gp? r^Clot Or his Sure- tire_. it is agreed that the CO;"}'rc r sh-ill nit ssign thi n rn _ be done here-inde,,x ti - s c or �� i�-let the work or any part thereof to r t �f +ne R, t{ P r�' �Fterl_s. It is fu suer ag.rr 1 z to r }dents of s id city a.,d cot i`y preference in the emplc t } la or -:.nary in the perfori-Iance of this contract, and failing to do.so, shall forfeit to the cis th c - Y -or ea:h ,t r_ o•observe this stipu'_ation. And Upon the pert )rr am Of 3 i 1l t -,s and cp d t ;:s of rl s comract, and things to be do laid performed by said coj,.a,.c_or .'w said cify agrees to caust the cost of doing such wort, to be ass .ssed, .ol lected and paid to said contractor in the manner fixed by the statute governing the making of such i Ments. rrprove- To each of the conditions and stipulations of this contract, cludir�g all d singular the prov}srons ard.. terms of the r}-ems, profile, specifications ar_d reso'ui on afoi•eszid,. the -.undersigned binds himself-' and the resp- acuve successor or -assigns of sucn n�rt?es. IN TEST-IMONYfiEEEOFW the foregoing named parties.-, hereunto set our hands this 13th- , day o f . -may 1919. : E 3 BRUNO DE PEAPE - Contractor. <,:C ITY -: QF SOULS BENL► INDIANA, HY B.. ;�A . E%LIOTT_: HARPEY F. ROSTISER - JOHN F. DEEAVU Its, Board. of . PiiV11C Works. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 13th., day of may 1919 by and between Joseph Luther of , the C ounty -of St. Joseph and Staate of VA- iana, (here Inafter ,ireferred to d& the " _Contractor%) and the City of South Bend, In the County of St., Joseph, and State of Indiapa,, by and through, its Board of Public Works (hereinafter referred to as the .".City" ), underland by virtue of , an Act of the General Assembly of the State of Indisna, antitl4d "An -Act Concerniig municipal Corporation,".. _ approved March 6,1905, and all amendatory and supplemental acts thereto: Witnessebt, that the contractor covenants :and, agreas to construct water c onnett ions on lira 1nut Street fr om D tv 1s ion Street t e Sample Street, in the C ity of S Out Bend, Indiana at ant for the Poll coning prices: - Fran Sample Street to Ford Street. 6 water a ennee t ions on the - long s Ides each ............ ... 19.65 ..6 water c onneet ions on the short side, 15.50 Or olil Ford. Street to Div is ion Street. 9 water a onnect ions . on the lend s ode, each... 0 19.65 10 water c mnect ions on the short a ode, each............ 15.50 to per:orm all work in the .prosecution of said improvement under and according to the terms and con- dibiors of Improvement IZp''SAlilttoTi NO: ........ adopted by the Board of Public Works .... MM-011-2-0 1919. and the plans, profile and. spe:ifications pn file =� the office of the Department of. Pub c Works, wTi ch said Tec'h#ion, plans, pro5!e and specifications are made a Fart hereof as fully and effectually as if copied and set out herein at full, l -ngth. e contractor Farther expresfly covenants and ae ees that in the prosecution of said work- all Oroper sleill : ,:• care "l he e;'erc s d; +r } he ^-on - l:. ,<+ all excavations and dangerous p?aces,; and: 1 use . d'le 3' ,rn7Pf :1?. ....? .`.1 .'3 to°Jr r , tt^v ry vers o i or 1 - v -, ti e v• o{. ally'irrit+ry or da:m- e, resu?tin fro z tl- w -•-_ : or res ,f frnn a v w ,.i.er or thing �o g thr v7l 1, or ar,sin there; o. ar r ^a or ro r- � ti-<ll r sv a.�� 1�n_,id�*P the any p p y, _ • ., s: me z._ his own expersp ar-1 sir e �: liability ,therefor, and in the event of any clalrnr or cl2rrrls be fig made or any action ri actions b- _� bro ght aga t st the city -by reasda or on account of or growhig otit of or i*s const�.i-ction, ; s� «1 contractor will at his own expense defend the same, and -rill pay any judgment recovered therein- and � 'i' _m 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. A-«i f within ten days after. any- such action is begun, the city shall notify the contrac*or of tz.., !oPrd _cv Cher �.f, then any judgment regdered against the city shallbe conclusive against the contractor and against the surety on hia-construction bond, as to tl -mount, liability and --other matters pertaining thereto. And the corirractor agrees to maintain said improvement a-rl aWke .,,t.-:h repairs as rft r.cc ,: a: ; the`:period and in the manner as fixed by the s ?cificat ons; and' -to• sectire the maintenance and repair then to fxlie with the Board of Public Works a bond with sufficient surety thereon and inv an amount a* fixed by t Ll _ specifications. 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 pers a or prota- erty 1p the same manner and to the same extent as is fixed in the last preceding paragraph covcri_zg the con- struction work. Ax:d it'is'further agreed by and between said parties -that the acceptance of -the work provided for in tT.is contract., or the payment Tth;,r�of, s12all rot- constitute a waiver on the part of the city of anv of the provis- ions `t)# this contract, nor shag r eltase:sai aotitra.ctor or the sureties on his bond for the faithful perfo: n- arice thereof ; nor sraiD- the acceptance be pritrka facie evtde'rice of. the periormance of any provision of this Contract, except to the e: tent: of entith Ybe contractor to Yo e contract price therefor. Tlie contractor agrees to pay for all abQr and• materials used' or furnished to 'be used in the making of auch liprovement and in the performance o# 6�tgneesuccessor or subc`this' contract, whether done 'or furnished for him, or :his agent; , ontra..tor; and the city may reserve out of any allowance grade on any estimate It' JavOr of -the contractor or ` 'ssg-is or_ out of the amount due him or his assigns upon the completion of the door},, so much as m essary to pay all laborers or material men for amounts due them for work. done or materials uses arnished to be used in the performance of .this contract and the doing of said weir:; avid the t:ount� t �� T;, acting as city treasurer, may retain money collected from property owners assessed for said tmprovemdi —to pay such debts or tuitil the contractor shows that they Dave been paid or `satisfied •"" em, `t-rv',__=sh, ear=.h, and un,zsed material in the sttc its or sides theraoi Alt' nit,!l col T,11 letI(Nn 7 the innn Ot em" ,t or the rep^,ring `hereof. 'Lie v,ork of ma; i iT sn-h impr-_,%ement shall be compJeted'accordirg to the terms of this contract on or lw "nre ,he ........................... - --- day of. - ------ tar, t:rs the time for the cone-ple*,on of the sa_�? shall be e-- e;Oed in wr- by the BoardPublic of Works; A,..d it is agreed that any ch -xte -ion ..;rre., or nv alte ion of th.s c ^mast or o the m nner or m th od r€ doing su^h won''-c e,�!F no way a rest' be du`,_s, obligations or liabilities of the contractor orhis sure- lira. f-t is agreed that the contras - or �halLnnt ssi�n *his co tract, or sub -let the work or any part thereof_io be done here.t rider, wi. h h� en co__.. of.rhe Boa -.A p .))l Works, ft is further agreed a I of ;:. i f+ ` _-,nc, 1^orsh *r It p ue to residents of said city and county preference in the emoloyrr nt or P l labor .:ecessary in the rrerform_��_face of this contract, and failing to do so, in shall forfeit to the city the sn c` ten dollars for each failure to observe this stipulation. And upon the performance of al' the t 'msand consittons- of this. contract; and things n to be doe and pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed, cbl1 lected and paid to said contractor in. the: manner fixed by the statute governing ahe making of such improve.- mehts. To each of the conditions and stipulations of this contract; including all and singular the provisions an terms of the pl^.ns, profile, specifications and resolution aforesaid, the undersigned. binds himself pr itself, end ;the respective successor or assignf such ;parties. IN- _ TESTIMONY tEROF!, VPe, the foregoizsg named parties, hereunto set out hands this 13th- , day of may 1919� Jt3E • , LUTHER. Contractor. r.� s CITY tip SOUTkaMs IA'DIA.fiA A.• ELLIOTT HARM "F, ROST Bx 4 JOHN F. DEHAM Its Board of p blic ` iiks- Pt Holt . I PBt)VMMT CO TRACT THIS . AGREE s Made and entered int o^ tils 13th. s day of May_ 1919 by "endbetwoon M". J_�`° Bra tOr-f of 'the County of 8t# Joseph and State of Indians (hereinafter referred to as the * ..Contractar'�)' v and the City of South Bes in the County of St. Joseph and SUte of'_ d .am , by and through . its Beard of Public Forks (here1nafter referred to s8 the " City.40 under *at by virtue of an Act of the General . Agaemb3j ..*t .the .State of Indiana, entitled o An'�Aet Concern ng Munie ipal Cerporattons -appr°eved March 6.0190549 and al "i'tdatory and supploinen".1 act s thereto: ° Wftnesseth, -that, the contractor covenants and agrees to construct water a ennedt ions •on •Semple Street from Walnut Street to Olive Street, in ; the City of South Band, Indiana et and for the following prices: -- water connections -o-n the long sides each....... , . , .. 22 99- lE water connections on the short sides edcb.; ... ...... 17-1.5 ;d to peri"orm all work in the prosecution of said improvement under and according to the,�terms.and � fi ditiors of Itnprovemeni Wsofnt on vo. _� ___. __.___:, adopted by the Board of Public Works. 1919' `. and the plans, profile and specifications on file in the dfflce of th6'1)epa---.me_nt of Pudic Works, wl^.ch said resnh t En, lar_s, pcofi.l..e and specifications are-mattt.a patf'hefQof"ag fizl%r and effectually as if copied andset o;tt htrei�n at f+ 11 length cchnfractor :furthrr eepressl caye~tants ate$ agree tftat tt the proseeutictsr of said vs nA all-ttrooer s#t ll -1 carA_ a h4 _ g t _*apt*sonsd Bang ,ors , to Ur ] 't iv,. ri (1P?T 1�o r 3Tti`1 g frc'�'- i,. r (�T ra t+i``�r A;= arlaffig.;there*romy ` a*►y perms -pr sn'o a1r sown 8}i :the llabilttg ±her tor} $ r y brc ,gh'f a�G;n. t the city, b reaseiirwigt�1 r�: cr Mks cn z�trzeE�,; z� contractor milt at h25 oars extee dew. aniC"e tt.r€covwreci the�Ptnad , all respects'ftxlly tndemm snot save�e Vr represe*itis expense, payment or:-1utf ent deco e e r c p igg fs-3eae c arrmsE ac it# or actions. within fen days of*4 axy such aeon e '" €e c± sr *f #j nP, ilfirn any, judgmentr,mlere - :against the rei'y om. Ilis construction bona, as to tl" y to gerrainir,;iereto; t4r t €t�aot as`i33afi3!�aM saint :tuo rim a xie sn h.... 1*6 $fled sokf, Je n at �'. repair's as r,a� F ,$. � :6�► tbt s demo, ;tit sec:=re -sae :ntenance a..d rep: i r th _r t • e w#th. tf I3®srd df .Pub#a WorU a bow: sufficient suI m eoa and in an amounts fixe.-th,- he VNifif-0off-C And 4n tng a i r it work. the contractor and the caret "�n-'his #Ubjeff to the mme fisbiifty, to the City and' any other persoa ,� guarantee band.:mil be to the ,same extent as is Axed ijj the lass din a to any Per` _ .�u ArQg Arijefim work, P g Pa aph towering @con And It is furthsf sgreed,by and between taict partim iha #� aecep ,ce Of a ro�vtk -provided fad iri this e@t? , the Payment ift rea#, shalt not core a v ye the P.WT"sf=the t 'tsf any of th i°c is - Rude®f tfis a®nor 6 eef vita t aas to a s.bond foi= t faithful "crfiarns. ctice t eree ; �f a sit the &Cie - �-1- fbrmance of any proviait s fibs G��l�MM) emeept to the eKtc� ci�.c�_ tr *- a therefi�r The contractor s feet to PjY; amateur a # #fie mom€ 611@ llPrevet s the per3r+±tarice this contraat- vvliet p � tor .hisu� ter lEtl l t�@etc cels®! or 8ttb@®fltraefor °and the city may reserve out any re she od #t _ ill � gl: of the contractor or ' ` 9 ssfiis, or out of the •amount di a �s s ��" i�et8 it most 8sary to pay afF Ial9erersor iaEer sites;sisWutif:#e ti'#Qt w®1 it. done or llasterish eae- arnished to be used in'tTie rformana—e f- Ws toutraet $- p 6 d t fld=y a"d tilt 0OR Lsv�.,a;xtel` acting as city #reasurer, maq retain _ � �� ltEr3 1 8s@ti€ed f@t 88ef$ i provarneatt to pay such debts,Or moil the conitractor w # ►VVWXY *tft> .or es is ied rr, r• r� r eme• all ry :''J=sh, earth,. and unnsed material in the st.v_ as: or sides thetoot _ .,t en the 'comale mn'o` ti+e impro�rem -tit or the repa.�ring thereof. The work of ma.kirg slich improvement shall be comDjeted according to the term'of this contract 6nr er beforethe.........................................................._ ur ess the time for the corrpl'& oii of thesa _ shall h e {* ±zted ro w- t ' f - 14 Ai-,d it is a reed that a-t sqc 't � �Y .h Board of Public Work g y h-en�ion of tT+ c, or -Imy alters *on of thi crat-ract or tzf fiire manner or rn th- od of doing such work shall:;"m no way affect duties, obligations or liabilities of th.e ��rtractor or his sure- ties It is agreed that the _contractbr shall not.�.ssign this contract; or sub-iet the work or any part thereof to be done hereunderr "witb46:, thp of the Board of Public' Works. It is further agreed a d itiouic`nd t11�, `*� contractor ghn.11-ggive t6 resi*htsr of said, eity"and ea--nty preference in the employme at of fll laber r_ecessar in the erform ' cs ae �€d $ailing to ou sv y p a,nce�of`tfii -c shall forfeit to the city the sum of ten dollars for Pack failure to'observe-this And upon the performance of. all the;:terms,and'coAditions of�th�ts cc5z3tra�, � s,ta'15e.done and performed by said cohcractor the ss,sci ctt3 ;agree§rto cause the cast t�f drsi g be assessed, col looted and"paid o said'contractgr;in the manner fixed by the -statute go<vexn#Tt 4 .r t g' of such improve- ments To each of:tf}e Eondittons .ar_d stipn tigns of this, contract; tzietbdiug� "ifti%r tie provisions and terms of the i iis; profile, , pecificattros s axftE resditttio aforesaid, wed binds "4imself,_ox...itstif.-1'.: and the r cap xctiye successor ai asst->s� 6 (3 IN TESTIMONY WHEREOF, We i the fGreg sing, ,named parties, hereunto set our hands this 13th. , day of May 1919. o WALTER J. BRAUNSDORF, Contractor. CITY OF SOUTH BEND, IND IANA. BY G. A. ELLIOTT ° HARVEY F. ROSTISER JOHN F. DEAAVFN Its Board of Public Works. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, blade and entered into this 13th. , day of May 1919 by and between Brune De: Pegpe of. -6he. County. of St. Joseph, and State of Indiana (her a�ein- fter referred to .as the " Contractor"), anithe 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" ),:. der .and, by 'virtue of in Act of the General Astsembly of the State of Indiana,, entitled ;An Act Concerning Municipal Corporations , "approved March 6,1905, andall amendatory and supplemental acts thereto: Witnesseth, thathte carictractorL covenants and agrees to construct sewer connections on Linden Avenue from Walnut Street to Anthony Street, in the City of South Bend, Indiana, at and f or the f ollow ing prices 16 lin, feet of 61neh pipe sewer, per lin ft..1.25 d{kd, to: perform all work in the -prosecution of said improvement under and according to the terms and oon- etions of Improvement Tbesoiution No.._ adopted by the Board of Public Works__ .M8r.._:26* 1919. and the plants, profile and spPcificat;ors on Me :-I the office of the Department of Public Works, wbich said reso?ution, plates, profile.. and specifications. are made a part hereof as fully. and effectually as if copied and set out herein at full length. contractor' further' expressly covenants and agrees that in the prosecution' of said work all proper 6-ill A care t he exercis d ti -:,ham - l r-on all !mvat;oris and dangerous places, and j Ltce i'1 Alta 2 d Ar^�PrtTperaCn r rl. an tnl�,ry or d,T �t� resti':*t g f'rc t t_.� �.� r.s ,i` ,� from. ; -y tter or th tr oTrr t."d th�rety,+,4, or arising; the!'efrom„ %o,a--y p'F? 1 or `)r'oper y, 1, _ 1l lay. gr•� 1; - tdatl_' ill? S t P at l��s. own esD�ns�, St d as - arising he liability therAror; and in the eve * of ai y 6_ im or clams bP ng mad or any.act on cr actions b brc"ght against the city by reason or on a.ccouiit of or growhig out of `td _r' cr its.constrviction, -1 s�' i contractor will at his own expense -defend the same; -and �v_iiI pay any judgment recovered therein. and vi '. 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 sue:lvdaim or claims, action or actions. And f wiihm ten days after "any such action is begun, the city shall n©tify the cdratrac*or of tiaT penile~cv Lher then any judgment re>�;dered against the city. shall"be conclusive Ernst: ttie saute a star and -,against the surety on his construction bend, as to tl mount,-liahititry and other matters pertaining thereto: And the :carriractor agrees to maintain said iu;e;ro-;,.n.,ent a._,: e sucli repairs as- may a2 ncc: as,a.—y the period and in the manner as fixed by the s ecificaiions, acid to. secure ::fie maintenance a d repair ther: u', to file with the Board of Public Works a bond vath sufficient surety thereon and in.an amountas fixed by the specifications., 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 datnage to any pens en or prop- erty in the samemanner and to- fid 34mnextent as is fixed in the last preceding paragraph covering the con- struction worts. And it is further agreed by and batty -en said parties that the acceptance of the work pprovided for in thiscontract, .or- the payment th:zi-:of, -<hall not. -constitute a waiver on the :pal of *he city of any of the provis- ioue _of this contract," nor shall it release said :contractor or the: sur-eties on his bond .for the faithful perform- ance- "thereof nor sha11''the -acceptance be .prima facie evidence of the per#orrrarlce of any, provision of this contract, except to the extent of entitling the contractor to the_cra ontct 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 sub'conttor and the city may reserve out- of any allowance made on any estim4te In facer: of the contractor oz assigns, or out of the -amount due him or his assigns upon the completion of lhc,'work, so much as mr` zessary to pay at laborers or material men for amounts due there . for work: done or materials used ._- varnished to be used in the performance of this contract and the doing of said worli, and the eaunty tr:;a:,�;Vtr, acting as city treasurer, ma retain money collected from property owners assessed. for said improvement to pay such debts or until the contractor shows that they- have,been paid. or satisfied e co_:_ ? r ab,se.. to remo--� all ruha=sh, earth, and urn:sed material in the strc.as or sides Cher" �t,pon the completion of the improtm ;rt or the repa;r;ng thereof. The work of making such improvement shall be cor_ipieted according to the terms of this contract on or before- -the ----------------- ------------------------------- ----day of--=-------` --------- -------------- -.... -_--------..................., 19.........., unless the time for the completion of the sane shall be extended in writi.-g by the Board of Public Works, And it is agreed that any such extention of time, or any altera.-ion 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 contras. -or shall not zssign this contract,: or siib-let the work or any part thereof to be done hereunder, wit'nu°lt -nA e ._. of the Bon-d o.' PilblLc- Works. It is further agreed and stiptfl a1 ,At � sontr�ctor sha'I :g, �e to residen±s of said city, and coon v preference in the employm{ nt of all la bar :. c ssary-in the p� rfc�r nance of this contract; and failing to do sci, shall forfeit to the citythe sarn of tan dollars for each failaire to otServe this, stipulation. And upon the performance of ail_: the r terms and cflrditions of this font'act,. and things .to be don are<. performed -by said contactor the said -city agrees to canSe the .cost o�:darn soh Work to_be �ss,essRti,:cot tested and paid.to°said contractor in the manner.fixed;by` the =statute gover � the making of sucmproue meats. To each of the conditions and strpuiatzons.of this,contr contract inctud�tng" llY A.M lar the prov,st�sne Ancl,. terms of the i,1p.^s; profile; specifications and resolution ,ad#oresaid- the dnderszgstedbiads .tajmself..o ,t4eli, and'the respective successor .or"assigrs 0f such liartjes t s -' 7TMT� , 61 (3 4 PUBLIC IMPROVEMENT CONtUCTO THIS AGREE3AENT*Mad's and entered into this 13th.0 day of, ,May 10,19 by and between Joseph Luther of the -County of St., Joseph and State ' of Indiana (Hereinafter referr . ed-,to- as the 0 LContractor* )-,, and the City of South Bend,, ..in - the 'County of -St.` -Joseph, and, State .of Indiana, by and through its Board' of Public, Works, - (here * Inafter referred to as the'* C-ity*), under and by virtue of an Awt of the General Asse;nbly of the State of Indlanai, entitled *'An Act Concerning Muncipal Corporations, approved March 6,1905.. and' all amendatory and supp lemental .acts thereto:ft WitneeSeth'L that the -Contractor Garentwts and agrees to construct :water Voinneevroni.,oh linden n Avenue from Walnut Street t . o Anthony Street, In the City of South Bend.1ndians at and for the following prices:- Fr6m Walnut Street-lito Wilber Street. 2,water connections on the long side , each......... $19,,05 2 Water- ,connections :on : the abort side, 17.90 Prorm.Wilbeir,Street td Anthony Street. 44. ter' - V.ft a onne 0.4ons on - the long a ide, each. 19-95 ounce t ions:: onthe short side,, each ......... 17i9O ;id,to Otrform " all k Wqr in the rcisecirtidn of Sal improvernent un4e and according 4* the derma &Od Cox,, -. -Tn�� r Mar-6b 26, 1919. m 6446-- aftte4 by the JWar4 of piLbqc Warkq.� and the 01s;'Or . dfil o: -ail 4 f i6 f ibna 6n- A ti Ai P � , I " *`lle IAC� 6f t1le D4a--tment of P"iic resoKttij, P:rofill� im slQp�aeiong ass snaidie' aq' tvt� alt, Vorki. whij*- met out he -rein at full lengt�, 161tY an(f effectually as, it I �,colii . 0 and Ne contractor fortheir exprossly covenants and agrees: that in tbq� Prosecution of said work , a-11-j�oper skill aod care exerc-S--d a"tVr-y�-Ttaffexcavations and danktirouQates, and -;;.I use O-d-ve and pra per QT' st* person or p7-nnertany y; th- resnil-i-rg front Cqr thinL Injury or d, resulting frr,-.-,1L.the�.w. con ,ar iftig. thnrefrom, +.6 any pertrn-o r t h o r r Dt6perty, he pay arT r &*e - - J - t�-F, samle grttis own 411Mt:-'1he4iability theriefor i d — 'tlie * T-- -M or Claims being ma -de. or aay action or, if b�cuiht against the city-1 -' At �In event 0 any c a! rea": or. o -ccouia' n. a t of or grownw out t ssd contractor,will at, his of a-z;d worl-,-or,Its crAnstru4ztjon.'A 9 Own 1XPeAie.-d`4-dnd the saute- aii-I will pay, any, judgment recovered ed therei,+ all respects fully indemnify and'sia+V'e, harmlos ..said cit`Y,, its Officerfs� agenft or representatives- 'expeAsei payment Judgmeat recovered in, con within ten%ays after any such action i& neCtiom with Vat"t claim ar claitni, action or a -ct, _begun... L the city shall notify the contractor. of ions. then Lfty'ludgment rendered t9w, venA-,-ncY-*er3f, againsi the city shall be ' i conchtsive against the contractor *R& igaiaft- the. e� On his Construction bond, as totb. amount, fiabifi* and other matters, pertaining thereto. Wrttv ,Auct the cor, rraczotagreas -Lu nia-iirain sapa ir"-Fruv I elacul atd- r.!ake swA repairs us rr,2.y int nzx,cesza�-/ the period and in the manner as fixed by the speci-ftca-ions, and to se c-art dDe-.=a'1nt.en-a.-1Ce arld repair to file' with the Board of Public Works a bond Y,6L th sufficientsurety thereon,!md-in ar�. -amount ao,ffixed-Vy workspecifications. And in doing such repair ark the contractor Arid theL surety nilhn' 'g,antee bond shall be subject to the same liability to the City arid- any other person for any ni-jury. or -dam- to any,perN n or prop- ertyin the same mannet and to the sami!>extent as i:§ fixed ih-'tfielast pre Ce Ogjw- agr4ph covering ffie coil- -struiction work. that the At work --provided for iT-1 t'-JS And it is further agreed by aqd-bAiw'een-' said parties contract shall - Fro _Constitute a wagVer . on ibr`;�Vmr _ t 61 tfie--city of any of the provis- ions the payment thereof, _t ion,s of this contract, Oft shall it r(Aease said contractpr,p-r-th'i- su --K on filihand d ;for tine ra e faithfuj. perfor- ailce thereof; nor shalfNht acceptance be prima e per :once of afty-provision of this contract except to the extent of "titling the C0ntr*,ctQe4,p-*U.d c®nfract Oe t e r� The contractor ices tO labor anA1,m,we xor lu atpOW-_' rd*, used in the making of 0, id1br him, or his'. agent, such improvement *Win the performa ce of thj#--�m 6 `16- n #Vact, and the, ade on any istizinate iti signet, successor "r Vd --elpr4nax. rest . . . . . . . . . . favor of tle mntra)ftor, ior 's, f Ae'amount d, uponthe completion 4-fork�-". 100111 all laborers or mere-, -or amounts due them for doh e e 'Contract ahtithe doing of *Attrials uslef, used in the e - said -w Ae county xrea g 4 i world hn s"rer, acing as. city -treasure , MR feW'Ti n Y.. Colitc-ted 'from- .proper-ty foi Y s �tst- - for said improvement toVav such debts or until e cont ihow*% lkw he 'beim,, owners as 't hive� paid-, qr saelsita car--h. a.nd un•:sed material in the strR, ,ts or sides thereof the co r"pi-. t `^the imnrovem it or the repairing +hereof. The work of mghirg s,l.-Ii F-nprovement shall be completed according to the terms of this contract on`or. isefore tile................ ".-"-- - u-------- ---µ -day of ,: ............................... .................. .........ks. 19 +, 7 th4 Board of Pubite Works. ur,?ess the time for the cornple+ on of the sa: e sh,ir b� e�+ended in wt n .by And it is agreed tb,� st any such ext en ion of tin n, or any altera`ion of this contract or .ef the manner or meCh- od of doing such work s ,.1! -r ,,o way affect the duties, obligations or liabilities of the contractor or his sure- ties. it is agreed. that the cor rac �r Fb-111 nest ssi;r this cor' t or st b-let the work' or any part thereof to be done hereunder. c:ith , r :h )f the �Oard n P1 hlic "Works. It is furdier agreed u 1 contractor shall give to residents of said city and county .:preference. in the employr -+tt of la` nr a� asary in the t�erforrzance of this contract, and failing to do so, .shall forfeit to the city the sum o' t- �i dollar for ea,-b failnr� to observe this stipulation. And upon the performar � of ail the t--nnis and conditions of this contract, and things to be done and performed by said contractor the said city a,( Tees to cause the cost c dying' such work to be assessed, col- IecYed and paid to'said contractor in the xnanner:fixed by the statute governing the making of such improve meats. To each of the conditions and stipulations of this contract, including''all'and singular the provisions%and terms of the pl-.ns, profile, specifications and resolution aforesaid, the -undersigned binds himself or itself, and the 'respecuve 'successor or assigns of such` oa:rties. 1N TESTIHONY WHEREOP, We, the foregoing named parties, hereunto set our hands this 13th.,t day of May 1919. HOE A - LUTHER Contractor. CITY OF SOUTH BEND, II''D TANA , BY G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. Coneeruing the Improvement of the roadway of Sherman Avenue from Lincoln Way West t o Portage Avenue w ithaas nha lt, asphaltic concrete, b itul ithiem. c oncrate or brick, pursuant to res elution No. '617 the Board .f inds -that' no petition has been f ilea with'_the Board -by: a major fty in number of the freeholders res id ing on s3a'id street to be Improved request ing that it be , improved with` a . different kind of pavement than the kind heretofore adopted by the Board is its --or*1iminary,order; and the City Engineer reports that the Westet Con struction Comps". as..;the. lowest and west, bidder for the kind of pavement here to#'ore_ adopted by the Board, and the Board find that said Wastern Construction Company is the lowest and best bidder and hereby lets the contract for said improvement to -him,' and, orders! that -said -improvement be made with Asphalt concrete using Trinidad- kzisxXk Natural bake Asphalt add all,%proceedings heretofore had in this matter are hereby a onf irmed-. and eat if ied. G. A. ELLIOTT HARVEY P. ROSTISPR Board. of Public Works of the City of 'South Bend, Indiana. Attested: - r i Veronica C. Sweeney, Clerk of the .Board. Dated this 13th., day Of May 1919. Petition forlights on Poksgon Street between proposed boulevard and Foster Street also on Stansfield Street between St.. Vincent Street and Napoledn Blvd. Same read and placed on file. The followin communications were rcca.ivad read anor placed ofile. .South Bendor Ind. May 8,1919- '011e `-G-B141. Miss Veronica C. Sweeney, Clerk of the Board of Public Works, South Bend, Ind iana. Dear Madam:- Beg to ac know ledge receipt of . your letter under date of May 7,1919 slat ive to drainage of the M. C. R. R. right-of-way between Navarre Place and Harter Heights. I am this date forwarding your letter to our proper==Officals for handling, and you will un- doubtedly hear from them direct its a very short t. Yours very truly, E. L. ` HICKMAN Agent. ELH/ GCD. Petition filed for ,pavement on Whitman Court from Wenger Street to Pennsylvania .Avenue, same read and placed on file, The fallowing communication filed with said petition. Dear Sirs: - Enclosed please find petition of Alex Hildeirrandfor pavement on Whitman Court.,. This Court i8 to narrow for sidewalks and if paved it would do away with the necessity of sidewalk. Wenger St. is to be paved and. Pennelvania Avenue is paved. Whitman Court is an Alley connect in�"'ean. Avenue Wenger St. Six famil fires live on the Court. Yours AKDREW N . B ILDEBRAND. Complaint received from Mr. Beroth of a polo owned by the Company which stands in the way of new grage property owner is erectlig on Portage Avenue and the Board has ordered that this pole be reset to the south about 15 feet to the property line. Concerning the improvement of the. roadway of Main Street from Broadway .to Indiana Avenue with asphalt, bitulithic, asphaltic concrete or brick in pursub an e. to. Resolution ;No. 632. the Board on the 6th. , , day of May 1919 publicly opened an,d, read 'and considered all :bids` and then continued their meeting to the 7th , day 6 f May 1919.and theneont inued: the it meet dug -until May 13th. ,.1919 it 10: 00 A., .. <N,ow- on last named_ date the Board des ignated Ashalt ie Concrete as . the Find of,, -pavement Jw . �wFhich s.aid,stre.et is. td b� improved and floes the: 26th, day o f': MA 19i9' at' 10: E3�3' A.M.' as -..the time when pat it ions for ehang fng the kind of pavemen ',must be_ filed, and the Board hereby continues this matter until the 27th day of May 1919 at 10:00 A.M. On the day above named the Board will either pass on petitions, let said contract` -.or -4cject ail -bids:. 'BOARD -OF PUBLIC r� 0RkS G. A. ELL 10TT HARVEY. F. ROSTISER A"T'i'ESTED: JOHN F. DERAVEN VERGNICA C ' SWEEN,EY ' lark, of the Board.' The following clafnts were presented to the Board. Engixeering Dept., ......... 0 ...... ..... ....... 330'. 00 South Bend supply Co ...................:...... 1.31 G. R. Kinney ............. ................... 4.98 F. C. Reimold & Co ..................,........ 28,59 South Bend Cleaning Towel Co.'.:`:...:. 210 00, J+ I. Holcomb Co. ..................... .... 7.23 Lonts Brothers........ .:.;.....,...... s..a 12.25 The Good. Roads Co ............................ '24.40 Building lie pt.,...............,.......,....... 2 16 668'. 92 Pros ident. 66