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HomeMy WebLinkAbout06/19/1919 Board of Public Works Special Meeting MinutesBoard met in spe1al session at 3.30 PJM4 Mr John F. De Haven absent. City Engineer submitted plans and estimate for the, eubmerg .ng of the Taylor =street Trunk sewer out Sat at Leland Avenue into the River, and the Board ordered that bids be advertised for on the 20th.0 day of June 1919 and on the 27th.. , day of June 1919 3n the South Bend Daily Tribune, stating that bids will be received oh. July 8th.,,1919 at 10:00 A.M. The City to pay for said submerging of outlet and when contract It awarded will be submitted to the Couno it ,far their approval and appripr fat ion for name, The following contracts were approved by the Board. PUBLIC IMPROVEIMN T -CONWACT This Agreement ,, made and entered into this 19th. , day of June 1919 by and betWaen JoSoph A. Luther 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. J©snph, and State of Indiana, by and through its Board of Public Works ( here after referred to as the " City") , under and by virtue of an Act of the General. Assembly of the State of Indiana, entitled " An Act Concernign Municipal Corporations, approved March 6,1905, and all amendatory and supplemental wets thereto:- Witnesseth, that the coo ractor covenants and agrees to put in water connections on Calvert street from Mehigan Street to High Street, in the City of South bend, Indianat and for the following prices: 4 water connest ions on long side, each . . ............ *20.20 '18 wst'ar connections on the short side, each,. ,. 1530 &'ud to perform all work in* the prolfteution o` said improvement tinder and according to the terms arA con. ditiosts of Improvement Wsobition No. ,..� adopted b the Board of -Public Works ...._..�..�.R....., - y Ma 1919. and the plans, profile and $iyAbifi,-,allors on file the othee of t'he Depa. tment .of Pub, lic Works, which WR res®i tion, plains, rofift and specifications are made a part hereof• as fully and effectually as if coied anl_ sit 6ht herein at Fl=ull length. p "''e contractor further expressly covenants and agrees that in the prosecution of said work all proper q�1p€1gf11 Ill Id care =; �1�j'ala [berg exerct<'sil; tr' : he '1 ^-on - •, - _ � a -.._I v- n�.-�r� all excavations and flange*qus places, and w"I Me All d1je N11d pronPr f1i 2ca,lt;o I to �I 1 .,4 31MI-.�, to qry person or l 'O•: rty; that H #-he event :j an injury or datna.ge resulting from tl ,e v,D-r r or res from a--v -natter or thing connected tlicretviA of Ort�ing therefrom, to any pennon or property, he :11 pay aT� i �+e--idate the sarre at . 's own expense,.and as - ,time the liability therefor; and in the ej),ent of'any .cla-Im or ciains being rnade or any action or actions being bt-0-0ght against the city by� reason or on account. of or growing out of said vror'r or its construction, tkt. said Contractor will at his own expense defend the same, and rill pay any judgment recovered therein, and wiii in all respects fully indemnify, and. sava harmless said' city, its officers, agents or representatives from all coat, expense, payment or judgment recovered in connection with such claim or claims, action or. actions. And I within ten day! after any such action is begun, the city shall notify the contractor of the pendency thereof, thfin any iudgrnent rendered against the city shall be conclusive against the contractor and against the surety an his -construction bond, as to tl, - , nount, liaoiliV and other matters pertaining thereto. ti. And the contractor agre2s to rna! '-ain�said ii;_ . , I_-siltStS°:l ;• z repairs as may b necessary the period and in the manner as fixed by the snPci`ica.°ions, and to scc.:re .le wairtenance and repair thereof to file with Vie Board of Public Works a bond ,th sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shalt be subject to the sanie liability to the city and any other person for any injury or damage to any perr,en or prop= erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the- c®= 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, sh211 not constitute a waiver on the part of the city of any of the provis= ions of this contract, nor shall it r;.lease said contractor or the sureties on his bond for the faithful perft�rm= ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of *�e contractor or ' Zssigns, or o ,t of the•-an;aunt due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or material men for amounts due there for work done or materials user z, urnished to be used in the performance of this contract and the doing of said worn, and the county trcrer, acting as city treasurer, may retain money eollested from property owners assessed for said improvement to pay such debts or uriiii the contractor shows that they have been paid or satisfied 787 A0U.' urt C, A, 4�0 ,sc�g� -:Cc a='A reps�r taitms)a V.,L fig "�_W a �_ - , , , , '�'f -P) R--# 4 g "vA* "s.",-rety azn,,d ka an P-Mounct as inced. by the bX111_1 F 1-F 'work 4the �-�ntmr�wfor ?,nd, Ow sfmely en hiz g-naxan-tee bond shall be j iW4 �nk - _:fit Gihe:r for yu jjury or damage to an:�a p y per or rop- M& �ff fflikPLIPF - &'q #kt f-,iea ffimf go j§ _x9J in the last precediug paragrkoh covering e - the _V8 th cm YOM 4- tq�W_M 01 019§ th4t fhe ace f the work provided for in this ep tance 0 F,qJ#F;q,q OF lt6r. Kyfi_SiHl k4t Rqt &RF-i0!fuf@ a waiVer ota the part of the city of any of the provis- RNI9 AJ k- _CLOMM414 naf A1,11i it f -16q,,8 §Ad or the�vretica on his bond for the faithful perform- 1 8 1 h Wa I 0,ptff 4,r mqpil!�g ia_ P14"TPA facek @A&ftce of the performwice of any provision of this F8fa.@for to the contraci price therefor, 91 "14, oiEptH ta 04 F711P-1A*, @f wjtaffri, �Li# §@ot _6F 9'red 1@ Fgy f6f 411 Pad Matodaus ed od or furnished to be used in the making of PRO Wl FSVPOil @f tW§ mntraxi, whellier done or furnished for him, or his agent, v § y 8 F 8F &!Id f1h@ g"Ity,may reserve oat of any aVowance rnade on any estimate 1 01 OV @V clA @ the &;iiount dvie hini or his assigns upon the completion 81 IT,� gn�; go rvil.41. q� r1i" W Vey0,11 kborooa or material men for amounts due them for .4 8-V ;Rqfg 41 9 to b@ "Sod 14. tho, perform-ance of this contract and the doing of w-A ?,'aiol�- P,,§ Ottmay retain nioney co!U­-�ted from property 6f "Rid i� rl t or utocil the contra ctor shown that they haye been ,­h, inrl material in the strt As or t W"1111 It nr 111rC1,)r11r;n7 fherjof. "T'h ni 1k, 0 vro ­'p- 'lie a.ccordirg to th^ terms of this contract on or b r-e tht-, ................ ...,.-day cf i 9 ----------- v th(" 1UP'e" for,+h-.� fny:� p-I ­)n of 01!" 5- 1� ;;,­1J IDO f—p-rded in v­`t: -- by 1-he Roard of Public Works, t Vrc in , 0 ,.A tb!,t ov!ly r-01 -.1l,00- -;on of Or '�'!V of 41;s ccltract or oE the manner or me, -h- od 0 d6rig nveh work" !r Tl.o way a."Ifect fht� nblil-2tio-s or fl?bilides of the contractor or his sure- t 10 it is agreed thFit 0-le enri:nv-or !,lintl ­,t ­ssiml this contrn.^­,, or s-,,b-let the -%vork or any part thereof to t be dono hri.TQ'IY-Aor, wicbu�, D ri f '- h e Board — Pil};Iic 1AT-crIcs. It. is fur-,l It r at,;rp_-�d V, ­)ntrnvor b, it give to residents of said city and county preference in the o'f ,11 lnbxr �;rary i the ptrforrnarl-,e of this co-ritract, and failing to do so, shall foddit to the city th.a of fl�za d;_,flar�3 For -a:,,.h Taill-n-_ to observe this stipulation. Arkd upon th�t per ".0-rwarci of 4,11 the ttrrir, and conduitiu=�s of this conktract, and things to be done and by said the said city - ,gt os 1.4) cau,z,,e the cost of doing such work to be assessed, col-. Eocu_d and Paid to aptid coutractor io th,lila,'Iver fixed by the statute governing the making of such improve - To cash of tll� cox-i-Mollon- i,,s of tilis contract, including all and singular the provisions and t­r;� (4 111 ­, prorilo, n7,soh-,-ion aforesaid, the undersigned binds himself or itself, In Testimony Whereof,, We, the foregoing named partless hereunto set our Sk"s this 19th. day of June 1919. Joe Luther, CITY OF SOUTH BEND; INDIANA. BY G. A. ELLTOTT HARVEY F. RWTISER Its Board of Public Works, Contractor. PUBLIC IMPROVEMENT'CONTRACT. This Agreement,, Made and inter*d into this_lgth.,,day of June 1919 by and between Joseph Luth*r:of the County of St. Josephs and State of Ind Tana ( Hereinafter referred -to as the 's Contractors'), and the City of South Bonds in the County of St. Joaop h. and State of Indianai by and through its Board of Public Works (hereinafter referred to as the':* Cityo)s, under and by virtu* of an Act of the General Assembly or the State of Indiana, entitled " An Act Concerning Municipal Corporations,," approved March 61,1905,9 and all amendatory and supplemental Witnessoth, that the contractor covenants "d agrees to construct water connections on Main Street from Broadway to Indiana Avenue, In the City of South Bend-# Indiana,, at and for the following prices: - 2 water connections on the long sides each........ $20, 95 9 water connections on the short sides each ........ 17-99 644 to P@ffOrM all-WWIC in the prose(_j,;.z.rir, said improvement under and according to the terms and colA, 67 ............ usy 14.19190 d4lons of Ithoecositrent Ra".'sollition No. adopted by the Board of Public Works._-, - Rid ft Planf,px0file P,nd specifications on file'- the office of thf! Depa.—Iment of Public Works. W­Pewwfa V00ldtl0fl,-plafts, progl,� and specifications are pi2de a-parthereof as fully and effectually as if co' §0 out herein at full len.Oh, pled and , Th@ em-tmetor further exprearly covenants and agrees that in the' prosecution of said work Fill proper 6111 Afid @ar@ y'll b- exerclsad; 0— he :71 .1 F- all excavations ard dangerous00 @ and proper precP111-lon to or'ev:?-.-t iniil-y M ary person or pronnrty; that in lv,,,at6 01. MY injury or damn.ge resditing-IM= tli-. wnr.- or from P-y ,,,otter or thin connc�cti-d thcrcwi+� or arNififf thqrdrom, to -any perscn- or propsrty, he pay ir-1 liel,idat-e- th-e same at f is own expense, and as, gum@ th@ liability therefor; and in 6e event of any cla' ' r claims being made or any action or actions belfiff . . I I � . . ­ 0 bN14911t gglahift'fhb'dt� by 'reason or on account of orgrowingout of s-4.id work or its construction, the AMR- @oRtMtor will at his .awn expense defend the same, -and' vrill pay any judgment recovered therein, and will In. : - All MpImta fully Indemnify and save harmless said city, its officers, agents or representatives from all cost "Potift, paymtat.or judgment recovered in connection with such claim or claims, action or actions, And I Withill On days after any such action is begun, the city shall notify the contractor of the pendency theraoi, tho-h atky Judgment rendered against the city shall be conchisive against the contractor and against the surety h1a wnuruttlan bond, via to tb Amount, liability and other matters pertaifing thereto.' 1 RS And the co,-.rraf:- r ag.,r6as to the"period and in the ma:zner as fixed uy the snpc3 c: cros, and to sc:c-re :`.,e m .infena..ce and repair. nil to file with-6e hoard of Public Works a bona •,i.th sufficient surety Hereon and in an amount as fi ed by t a,-: Specifications. And in doi.rg such repair work the contractor and the surety on his grzara^tee bond shall be Subject to the same liability to the city and any other person for any injury ar damage to any pers ? t or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the `coin- 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 th,:rcof, shall not constitute a waiver oa the pert of the city of any of the ptovis- io 3s of contract, nor shall it rJeade said contractor or the sureties on his bond for the faithful petcorrn- atzee thereof; nor shall the acceptance, be prima facie evidence of the performance of any provision of this contract, e=-ept 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 ma-kirg of suoi irraprovensrat and in the performance of this contract, witethcx done or furnished for him, or his aKent, . g-nee, succes6or or subcontractor; -and the city may reserve out of any allowance made .on any estimate in fa-. or --of tie contractor or ' " assigns, or out of the amount due him or'his assigns upon the completion of the orL-, eo=uCh-as mk , cessary to pay all •iabore.s or materim men for amount$ due theln for Work done ior mat-enah use(- _arnished to be used iu the performance of this contract and the doing of said worts., atsd the asow.ty tre_,.5 rc r, actin g as city treasurer; may retaiu money collee.A front prapert� owners assessed for -said improvement 'to_pay such debts or until the contractor allows tfiat they lase been raid or satisfied egn* an Mnrsed matersat 1�bv. this wit b r= 4*9 `f"1-6y"Itf_TRW.:7t AT t� Fep�+"'1i1� l �(5 � �f � s+ „f x itt ShAl .bt coraD e+ed accortNrg to tht tti * Qf fhig qqnvi 14plg t f t h `itf t$"sa'............. ghri b .:,, ••••••va•; ••aee\\aa\\\LN FLL�\k it •2 a Evte t ���t�i i�'If':��!r$ ;,4 i �e f'd in wt t ° t m ., or ary alter. ~on of ri��5 e,,,,a?'a @; f�i' till tM460r 1 tj # My" W"f 001 1" hd � Wd' Afgct` the duties, o-ligations or fi.�`)idties of tlts eont,%otor or M4101 � 11�� # � .#1 s# #1l rMMVK*Pt�'? P ��11 not �esi;n this co �±r sub -tit t!�e work o!' �n ��� �h���i n� t ja ..t> v Works. Y Oil M . of the Board bl;c 1 for sh . `to rep;d@nts of AA14 to#$ +�h 1 t 0 ,! 1�ht �f sty is"rr e A r,,,. nary in the per_o....a.rtce of this contrRet, and f �#n��a il F 0.1 A h Off to � � �k t11� �� �[ for+ dolla"S for -- -h ;allure to observe thb Stiff#at#9i4, WA # ��l't�t lc •., w� Of all the t-rnis a:td coraitions of !his co+ttttaC#, € # th# 13 I b4 F+� sd � Mid t"Ame the %ald tit` r. :4 to cause 40-4 1 - 1i�� 1t�� gd- tha :t.=.-.ttrr find by the statute govern%tnh #€�is�li� ' e of li j*lfy#T � ► of t`aiis comma 'i apt$ re :o%tn�afo-4 ' t9' �� � In Testimony Whereof, We, the foregoing itemed parties, set.8ur hands this l9th., day of June 1919 Joe A. Luther CITY -OP SOUTH BEND, INDIANA. Contractor, BY G. A. ELLIOTT . HARVEY F. ROSTISER . Its Board of Public Works. F 'PUBLIC. tMPROVEWWT -CONTRACT. This Agreement, Ueda and -entered into this 19th., day of June '1939 by. 'a.+id between Joseph Luther add Of the County of St. Joseph and State of Minna 'hereinafter roferrod. to as the " Contractor"), and the City. of South mod o CCou.ty of St. Joseph -and State of Indiana, by and through ta$ Board of i;e 'Works. hereinafter referred to as the " City"), under and by virtue of an -A et of the peaeral Assombly of the State: of Indiana,, entitled " An Act Coneern-IM 44=101pal Corporations, ' approved March 6,l905,'and all amendatory an- supple- ta1 acts hereto: Witnesseth, that -the contractor- ctwenants and agrees to con- struct wf6ter, 04d. 9VWc* coanestioas sA Olive Street from Lincoln Way West to Sample -Street,. in. the City of South .Bend, Indiana at and for the following prises: Lincoln Way West to Washington Avenue. 65 water a onneet ions, on long aide. each....... $ 16.75 43 water connections On short side, each....... 15.00 Division Street to Sample Street, 32 aster connect ions oa long side, each.... ,.... 15.75 22 water connect ions on Short Side, aach.....:. 15,00 Sewer connections. 784 l in. feet of 6" house c ouneet ions or 4 9 tape, each .................... 13.75 789 to perform all wort: in ?_ ie proseci l-or, (); said improvement under and according to the terms and con- ditions of lmproVem'ert R,6sb1il infi Itio - �'.. . adopti-d by the Board of Public 41Vorks-._ g!q 141919, and the plans, profile and specifica .;ores on. file °the 4"Fce. qf, tyl; °Qepa:'.tment of Public Works, wb;ch said reso'utior!, plars,'profilQ ark spp�ificatio'ns are made a pa of hereof as fully and effectually as if: copied and set out herein at N11 ne contractor forth r expressly covenants a d aaizes t1h t in the prosecution of said work all proper skilli care 1 h� e rc` tt > o 1 all excavations ,av i dangerous places, and i use d ^` �? ^) r Y :R J 1 p?a n °' 1T V 1 V person t. ; t at i•.1'!1e evcnt , ariy inji?ry or ( arm r s .1 + .: 1 r..Y Or tll:?7m M iT. , .� T d theretvi, ,.i or arising therefrom; ;-o 4ny°pez ^ i or' 1~ro cr'�, h j iP r, ,j, ?:: l C idµr ti;.= s.. re at has oven ex erase, ald as sure a the liability ther`or; ar�d ?ri the e'✓"i f any c;a'`m Or Cla;nis bP;ng made or any action or actions beitia brc tight aga,'rtst the city by reaso.i or on _oa..t of or growing out of d �,✓oil: er its construction, fife said contractor will at his own expense defend the same, an'd ivill pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, than any judgment rendered against the city shall be conclusive against the contractor and against the surety ern` hid construction bond, as to tr mcunt, liability and other matters pertaining thereto. v� ire -e ,04-h zie irs ais way be niec.A ;8&ry .. . 41; gf"#14 tilt x- 8�'4i. gw aj� 4A.�b d Ly tine $-'� -ions, and to C�i� tcie ruai 1i:L,;it&Art a ud to r th ereof 0 3*4 it'd &M4 of Pt+lic 'peps a bo,—A s,-th srE�-ieut surety therm and in an ttAunt -,A Ltd by th( it r j tl AM W '09 §tells, rgpzir woOk Me ccn€mc-tor and the surety on his tarantet bo,,qd lh�ll I #0,j94t f4 09 b4bi 'Ny to fhi� 6ty and any other person for any injury or dar3age to atay pet',t,'ri or pmp #Ffy 44 kids gf>g r id r a to the *an.e extent as is famed in the last preceding, paragraph toveriug the con- 000"On wpof, An4 it fs #firth4r agr'-.-4 by and hp�Ween said parties that the acceptance of the v.` ork provWd for in thN i�A�Rtt c?la pr dw paynpeilt 01 1 r-?Of, s +:ii not constitute a waiver o_� the part of the city of any of Fite io -iq Rf this gontrad "or shall it r0za5c said contractor or the sureties on his bond fnr the faithful pti`Qtn -. A-Pp�e 0tprpof i nor Zall the anceptai,ce be prima facie evidence of the perfr..rruarc,e of any provision of Ellis ownrazfa s f-ept to tl�R t ^t of entitling the contractor to the contract price 'therefor, TiR p6nurAr- or agraco topay for all labor and materials used or furnished to be used in the ms ltlg of 4149 1MPrAVM@At and in fife performance of this contract, whether done or furnished for him, or hi# qgint, �§s1 AU; 890096or or Aubcontraetor - and the city may reserve out of any allowance made on any 0011thate 10 fWs 9F Of fill@ @Qfitraetor or ' ' .ssigiis, or• out of the amount due him or his assigns upon the complaliptl of.fhs wort:, io mtAch n® Ala .rosary to pn.y all labore s or materiai men for arnourte dtiq them for i�iP dA f� 91 rlt�rl��s .11e�t. k, drnished to be used in the performance of this contract and the doltzg at Reid WPM, and th@ I�fim,1",: klf �.4R . ter, acting as city treasurer, may retain money colittted (44orn pl'tpdrty AW11M aggeAped for la id mpr(iVetrant to -1e)ts or until the c-•"tra.rtor shovis that they have bs;ttt llflid Al' Pntis#irtl e. rib, t..^d Ili used i-naterial in the strt As or sides V-IeY`C_(I- 3n sue Cori ! 011 O' tli e impr Y "t Or i-l) ` rel)a+r;ng th eof. T1te vier k of rr kir'g s,1 1, .rn rr , r7, sl a ll be COT:t }�`..e� sccor<',irg to the terms of this ct;~tt;�act on or hfc7 < the_-_ ..... ......... _ ---... _day of __-_---------_----------------------------------------- s 19 -- -- u Ns tht: tii::e for th.a ,ire' ^-7 of file sl: _t i�� .lt b., e, .`.er:rrPd in ivr" - - by flip Board of Pv c L°trO? 1:5. ,-it 1S a 'reed that any ° irh of f;+ ,,, or ary alter, ` on of this Crnt`a.ct cr Cif the manner or mr'h- R p dfiirag fii�Cl1 work SPa.:l 1! £ i) {i21` aliect One du s, ol)lsgatlO .s or li<<')iil;,ies of the contractor- or his sure- #inn, 1t is agreed that the contractor rot ^ssi o this Co"rra.ct o'- siih_l-t the work or any part thereof to f tl'iC Board O+ l' ' (: VVO ''.S, sb?l•. Ti n tO tC�_dC;;tg of Said city and county l ,r, fV ; e c contract, and failing to do so f<<'rice in th etriF.cy .. (t of is r z.r; in, ar_orr?. of t-ifs a g s 'co -f?it to tli� city tYt <c i o: t n ailry for -h `.ail ire `o obscrve this stipulation. raid upon the permrr:n. .c4 of a', the t ,rns a con: itions of this contract, and things to be done and by Va cori" accor the svid Cis t ecs to Cs is the cost cl doing such -pork to be assessed, Col iJA p:aN to aaid eoiatrac_or in th.; i, r fixed by the statu-e governing the making of such in.1prove-- art Eft o a anti stipulations of this c.cntract, ir_cludin all and singalar the provisions and i j_; a era f or . -s - t1C t.t� .?3�, i'� jti, �p�C- Z$z J •.,'and rC�o1".`_^1 ft_ :d tie m�el. g�§ or jSSil! (%f In Testimony Whereor, We, the foregoing named parties,. hereunto sot our herds, this 19th. , day of June 1919. CITY OF SOUTH BEND* IND IANA. BY G. A. ELLIOTT HARVEY F. ROSTISER Its Board of Public Works.' PUBLIC IMPROVELENT CONTRACT. Jae Luth.ar, Contractor, Thin Agreement made and entered into this 19th., day of June 1919 by dad betwees, Robin & Reach of the County of St. Joseph, and State Si' Indiana, (hereinafter referred to as the " C straetor*), and the City of south Bored, in the County of St. Joseph, and State of Indiana, by and for ough its Board of Public works (hereinafter referred to as the " City"), under and virtue of an Act of the General Assembly of the State of Indiana, entitled-* An Act Coucersigg Municipal Corporations approved March 6019050 acid all amendatory and suppl amental acts thereto:- Witnesseth , that the contractor coveants and agrees to construct concrete pavomsnt in the alley east of Michigan Street from Division Street to Bronson Street, is the City of South Bend, Ind at and for the following prices:- 719 0 852 cu. yds. Or trading per ou. • 1 manhole conduit pipe,,' per .11n ft***** 1954 sq. Its of 7* Pertl&M tement concroU pavement per sq. Protected Joint per sq. aild, to perjoriq A.JJ t'rLtj< jj-j, 7 W'0q d ln:­,rovernent under awl 4(, q tQ thA towUAIOA. �V�a_ d1qOf1§ 64 -fe pltrw� pt. --6-48 — --------- - a-dopt-1 by the Borrd of puh)jt, WorkA,,,VA,_XA.k, , .1.01919 and, f! ")ns On flIP- f ''the omr-e of t;t D t t _1 worh% M pf"'ip'o, Ptooifl and gpetificAtion,, are rrvwle a part hereof as fully and 0 Out herein at fall laiig­h, 4td egvresrly covenants a-rd agrees thnt in the proafcution of allid Work all 6111 -al d etre ­41 hj C, he .. .1 P­ all exlmva-ions fifid .,Alf t1de, P.fll dile, tl-d Pu,Jpp_f , hnorotiA plooh in t,) -, r v dattviqm regull+ing frcm, 61. person nr L! t or from P*-y ?­�1,ttcr of thinfv e,=r­!tAd it, 46-viy pe rt-n or w-operty, hY lic- ard in the event ' of an cla'ri or clairns be or any udo-i Or Aflflt'011 i, 110111 therefor, U0111ght d9ftiltiftXthe city by reason or on account of or growing out of Mdv"veork or its eoAPtrm.Qtf1 Will at 1118 C)WIA expense defend the same, and will pay any judgment recovernd th,3r4ffl, fifid wiff-11 fd§Pftt§ filli-Y Ift(ldffinify Rnd.save harmless said city, its officers, agents or reprelantativan from, Off -roof eti6fdj pil'ythent or Judgment recovered in connection with suz11 claim claims, &,itlon r wl�� a 4 hift tdh dAYA &fttr any such action is begun, the city shall notify the contractor of the pe Cdutlf, miy JLdg%mt1i �4,6 , fjc�4 t te0tred against the city shall be conclusive agaitnat the contractor &114 Aggirigt f),,@ VM18ttft6dh bbftd, as to tb imount liabiliby and other matters pertainin 4 va kt I -ne, p� e 'r. Z e - j.�a,rs as n-.-:-,,- - n ad and in L!ie Ta­_n;�r as f;- P Ma a a- tD file "virh Vie Bicard of P1 1: o s"i-ety h tercc�i and an ±in.toj_mt �,S -6,--cd by --actor ard the su-aty on h". g,!ara-_­tte bond &141111 D- ipc0f,ce,lions. Arid in -i-:)- 5s", z r wor' the cn�i - Al!!", J ct to tb f! S�,�, r 1 e 1; a -0i li-y to tir ci ­7 ar,d aother Fson f o-z any inju J ry or damai-_�-e o ainy perr �n o., pi,o- erty In the same mai-iner arid to dhe same e-,­U�P.t as is fixtd in tlie- last preceding par'agraDni covCri-rig the coca_ struction wc-,11C. A,,.ad it is fut-ther agreed by and said parties that the acceptance of the work provi-ded ior i, [ :is controct, or th6,. paymicnit t1n-_r,-of, sll-11 -ot c07rs_tit-_,­2 a waiver oli the pa=t of !he city of any of t'iL, p",ovI3- i(;! - s of fhr contract, nor shall it rilza_-e said cc_-.r,tor or the sureties on his bond for the fait"I", I o - al nor Elhah the acce �P.-a­.e be pri'Ma fcit evidence of the perortnaiice Gi amy p rovis--, ti of this Cont art, ey,(,F-pt to the extent of entith-n' the contractor to the contract price 'her-C--Or. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improv-=cnt and ir, the performance of ties contract, vvirie'Ll-icr done or furnished for him, or his vgent, a9si.Tt I iee, successor or subcontractor; and the city may reserve out of ary allowance made on any estirnate in fa-: or of the contractor or 1 assigns, or out of the an-iount due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or matleriai men for amounts due them for work done or materials uses urtiisheA to he used in the perforrnance of this contract and the doing of said work,..and the courty acting as city treasurer, may retain money co'l-?:ited from property owliers assessed for said irnpvovers1­rt to -'-T=ts or 11rcril the . tf='.rtrjr f,n(-jws that they have bt;tn r­;0 or stf`-fied rraterinal in tie streets or side's erc C .,t or the reT-, alrsnor thereof. The t:Ilo;-k of inripp!­Ient sio:. 1 b � C,n�D!etf, S,Jr-c the__ A �-,ccording to the terns of this conf"'ct O-,J or ------------------------ - ----- day o f the time for the C-01 .-n of the sa--�� b' .... 19.........7 e ext-1-0ed in w 'ting by the Board of Pubi7c Works, '-A is agreed that an I Lt_ . e-a-;on of t- y sii,h �'!KUM-:Cn Of or �!ry alt- od of doing such work -h's �-ntract or of the manner or rrc+h- in r.,D vval- aff-�ct the duties, ol)li,-at;o-.-.,s or lial),iiit-les of the contractor or his sure 7t is agreed that the contractor hali not n -1trp -ssign this coot _ct� 0, s,01)-!,�t the work or any part thereof to b­_ done f 'he Board oc Piablic Works. Co � _. ­.., 0 Tt iS il),,,thei agi-ecd �-d �!'acfor s to residents of said city and county fercnce in the eM_p!.Oyr­-,rit of of this co�nw-ract, and failing to do so, '01-feit, to the city the zsunri o� tc, t ­.­ A i Arid upon the-2 for to ob p udl sprve this stl ation. perforrr_,!.nc- of all the tc__Tms acid cor�flitions of this contract, and thio.gs to be don , e and by said contractor the said d c"t'.to cause h YO paid to Said contractor in thrna.-ner fixed bythestacuost oongsuch work o be assessed, col - governing the making of such improve - Of ,:�-Isthe conj;tions and st;P'L"1'ati0ns of this contract, including all and singular the pfo-H,5ions and ­, profile, specs ;.its lons and • 0-.,e or itself� -crive successor or ass;-o-ns of s In Testimony Whereof, We, the foregoing Yarned partiest-here- lc� unto set our hands this lqthe # day of Tun*. 1 1919. CITY Off' SOUTH BEND, INDIANA. BY G6 A. ELLIOTT HARVEY 1- 4 -OS_ TISER Its Board of Public Works. MAURICE J. HOBAN M. F. ROACH Contractors, 9 1 CONSTRUCTION BOND. Know All M*A by these presents, That we Hoban & Reach of the County Of St. Jose ph State of Indiana , as principal and American Surety Company of New York of Now York New York as sureties are hedd and r irmly bound to the City of South Bend, Indiana in the sum of Two Thousand I one hundred and ninety eight (42.198.00) Dollars for the payment` of Which, well and truly to ;be Made, we . jointly and severally bind ourselves, our heirs, executers, admixis.trators and assigns, firmly by theme .presents, The c and it ion of the ' 'ob 1 igat iIon are such that if the above named Hoban & Reach shall faithfully comply with the foregoing contract made and entered into the l9th. , day of Juno 1919 with i h City of South Bend. Indiaaa, and shall fulfill all they c and it ions `atd s t ipulat ions theren contain ad-, ac c card ing to. the true intent and meaning thereof,- in- all r*speotss °t`h6zf 'this obligation to be void, Otherwisse to be a nd remain in full force and v irtur . in law. In the event the said City shall extend the time for the completion of said work, such extension .shal not. in any way release the sureties on this bond, This shall be a construction bond, and the sureties on the same shall not be held responsible Bar the maintenance sad repair of the improvement after it has been accepted by the second party. but such sureties shall be responsible for the faithful compliance with all ether conditionss, stipulations and requirements covered by or set out in the contract. Witness our hands and seals this 19th. , day df June 1919. MA.URICE J. HOBAN AMERICAN SURETY COMPANY OF NEW YORK Y. J. ROACH BY FRANCES E. LA Resident vice Pros ideat. Attekst$ugh P. Duxa&h©o, Resident Assistant Secretary. The above bond approved this 19th. , day of June 1919. BEAL ) G. A. ELLIOTT HARVEY F. R09TISM Beard of Public Works. President.