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HomeMy WebLinkAbout06/24/1919 Board of Public Works MinutesBoard met in regular less ion °at 10: 00 A.M. All members present,. t3orbage Q.antract submitted by Joseph 3a ll, read and placed on P Ile. ... a Mr . R. R. Smith, General Manager of the , Chlcege South Bead & Northern Indiana Ra ile�ay Company met with the ;Board in ..regard .t o turn : out s on Marietta. Street, so that one man ears c vuld be operated on var lous lines _ in the C ity. Mr. Smith agreed to f lie a letter with blue pr uttlat#Pa,ched for the Board's approval. The City Engineer filed' the following eat imated costs of improve- ments . Van Buren Street and Laz adale Avenue resurfae iag... 45,180,00 Eddy Street Resurfacing........ .......:......., 5315.40, lst. alley No. ©P Monroe Street. Pave 410ni.............. 1940G.00 Huron Street pavement ......... ...•.37.100.00 Ford Street, pavement...........•....-:................^4,69.00 Petition received for the Paving of alloy extending from Payne. Street to Division Street between South 1111em and South Taylor Streetv, Resolution 4ered prepred an same Light ordered in at foot. of Wayne Street in Howard Park. Street Department reports that L. H. 'Vander Karr is working On asphalt and in about one week with good weather will be starting On cement walk work. Complaint about a P©le in way of 'entrance to barn at 314 No, Scott Street. The Pale and wire inspector reports that theHome Telebkene Company should be not if Ud. to reset this pole to the north to the property line.. The following cOmmunieat ion received by D. C. Layton, Street C ommiss ieSer in regard t a s idewUlk was ree a ived by the Beard read and plae ad an f Ile. Layt June 2091919. can, - Board of Public Works, South Bend, Ind iaia Dear S itWith reference to the sidewalk on No. Main Street which you were_ talking to me about the other - day,, we have investigated and I boliove the trouble is,. as you stated, on account of our- lamp posts. We will take cere of having this matter fixed UP* Yours very truly, Indiana & Michigan Elec. Co, C. S. Kennedy eau' 1. Supt., I H. Webster appeared before the Board in regard_to compensatia n for employees on City Work and submitted the f ollow.iug c ommun ica.t ion, which was read and pl ac ed on file. June 24,1g191 tic* L. H Webster, South Bond, Indiana. My dear Mr. Webster:- We acknowledge * herewlth, receipt of appl icst ion for . compensat i . . insurance covering your employees in the operation of sewer .construction at any depth. This appl icat ion is being forwarded. thi# day to Chicago and ire wll will be in a position to deliver this policyto you on Thursday June 26th., Very truly yours, C. W..GnM. T ANERICAN TRUST CO Vote Of the Beard taken in regard to awarding of contract on East , Mad is on Street Trunk sewer. Q: ,A. Elliott and Jahn P. De Haven vo tt ing for the awarding of the conitraet to Hoban d Reach, Harvey F. Rostleor voting against the contract to Hoban & Reach, his reason for same, ` irresponsibility of contractors Contract awarded to Hoban & Roach at ....... #31 232 90 Cor Unieat ion received 'fro! -Welsbach Street Lighting Company daknegledg ing receipt of notice Of ap -intment oaf - Gilmers Aifong aa, aaretsker of River .Park lights.` The following contract with plan of ,Calvert Stot pavement through Sttudebaker, Park vae signed and approved. bythe Beard. THIS MMIORANDIM, 'is designed and intended to state the agreelftnt tint waa reached -on the evening of Way l4, ;Gips at the office of the Park Board of the City, of south: --gend 4n -the -C-ity H 11, by and between The Board of Public Works of the- City -of -Sauth Bead, and the Board of Park �©mmiss ieners of the City of South Bcntl,' °rd1Qtve to` tlte' Imps©vemen`t` of Calvert street in said City across Studebaker' Nii ....... ......:...... It was. known and understood at the time of this meeting, by the Board of Park COMmiss inners, that the Board v -Publ is Works h ad already let a contract to Western Construction Company for the IMProvement of. said Calvert Street, from Michigan''Street 6n the west to High Street on the East including the part thereof within said Studebaker Park., It was agreed between the two Boards that the Board of Pub1le Works should improve Calvert Street from Mle higan Street to the west line of Studebaker Park, and that,it ehobld #mpreve said Calvsrt Street from the east like of said park to High Street*, It was, further agreed that the Board of -Park Cam- ' missloners should - lay out -and improve a park way or boulevard from the west line Of the park there cehnect ng with said Calvert Street as the said Calvert Street will be Improved under said contract, or as the same will be impr ved by the Board of Public Works under s e other contract, and extending to the East line of said Park and connecting. therewith Calvert Street as ther�ame may be improved by the Board of Public Werke under said, or another,, cflnti�,;a It was also agreed that if the contractor, Western Construction C®mpauy, will not, agree .toy` the modification of its contract se as to Include attti cover the construction of the parkway or boulevard through the park, as the same may be laid out and provided . for. by the Board of Perk Coamiss loners then the cen- tract with the Western Construction Company will be rescinded and new resolutions ' b e adopted by the tom► boards and - by the ir- aeeperat ion one contract be let f-e-rthe impre`vement•'of both said st'z4ot . and : the parkway of boulevard It was` further'; agreed- that the ' Board -of Park Commissioner$ shall prscesd immediately to lay out said parkway° or boulevard through the park and provide . plans and specifications for improving the same; and that said parkway . or boulevard shall` be made and constructed in accordance with, said plans and Spec ifications.: �It was also agreed that such pr0000dings as may be necessary shall betaken by the two Board 9--so that the work of improving the street, and also the parkway'or boulevard shall be done under one contract, the one now existing with Western Construction Company,, if that company will agree to the modi- fications thereof that will be necessary by reason of the agreements. stated''ai oye. dated this bth.., day of June 1919. Signed June 24r 1919. BOARD OF PARK COMMISS IOMM , CITY OF SOtM BEND. by Richard Elbe.l, Pros. E W. W. Widenour I. W. Jackson C: D. Britton. BOARD OF PUBLIC WORKS, CITY OP SOUTH BEND GILBERT A. ELLIOTT HARVEY P. ROSTISLR - JOHN F. DEHAVEN S `9 .1-13 i THE Te-RN CONSTRUCTION COMPANY. _ S i9ned June 27th. , I91g. F. xa t Cart a The f ollowing Plat approved, Map of E. Washington Avenue .and Har ie6t Street dedicated to the Public;, . Tate #nnexed map shows Hsr iett Street and a section cft . Washirgton Street located each _ partly in the N.W44 and in the N. t E. d of action 7 Town 37 north Range 3 east, within the. corporator limits of the City of South Bend, ;Ind Tana. Wa$i�ington Avenue 82 feet bride is extended east from Jacob Street a d stance of 619- �0 feet. Harriett Street 66 feet 'wide rune from a pout distant east 566.4 from Jacob Sheet in the south line of said Washington Ave. extending S. on its center 256 .6 feet ' to an angle thence S.13'40* W. 371j feet to where intersect E. Jefferson Boulevard,. Said E. Washington ;Avenue. extended E. .from Jacob Street, and said Harriet Street between said Washington Avenue and E. Jefferson. Blvd. ore each hereby dedicated to the public for pub lie use. In Witness whereof, I hereunto set my hand and seal this day of 1919, STATE. OF IND IANA ) Signed I3�A S . KUHDIS ST. JOSEPH couNTY } SS. . . B of Ora ate:: t $e and a rs igned Notary Public with in and for said Countyn and ,State personally appeared Ida Studebaker Kuhns and asknowltd,pd the execut i®n of the annexed flap and ded icat ion of streets therein described to the Public for the pub l ie use. W iMess my band and Notarial Seal this 7th. , day of June 1919. ` [y Commission expires October 23,1920. FBOC xs it. T$ttRxANt Notary Public Partial 68%imste allowed L H. Webster at ........$ 1,749.41 Compla iut' "ab out a and it ion of . Duba it Avenue pavement and the City Engineer made the following report on same. Bda:rd of Public Worls;- Gant lemens -• Pursuant to your request in the above matter, I beg td lease to report the same has been carefully investigated by this department. And I find. that the pavement °-is in good coddItIon with the exception that' asalttc c Oncrete has rolled or pushed slightly 4t a point d, littl* east of the Bowman Creek Culvert. The pavement Was laid by the White Construction Company and the guPanteeperiod has not expired. The defect mentioned is not serious, but if necessary the White Construction Company can be compelled to remedy it.' Frederick J. Anderson, City Engr, The Board grunted permiss ion o the Street COmmiss ione r to advertise notice in papers about putting grass and r ' .bish in the public streets. Engineer filed assessment roll and final estimate for water connections -On Walnut Street from Division Street to Saffiple Street under Improvement' resolution No, 644 ' In the City of South Bend, Ind inn. • Resolved, that notices ",to the assessment8 be published the 26tki., day of Jae 1919 and on tabs 3rd. day of July 1,19 in the South Bent Daily Tribune, stating that this Board will give a hearing on the amuunt$ of the assessment& at its off ice in the City Hall on the 16th. , day of July 1919 at' 7: l5 P.M. Resolved further, that the entire work Under the above contract be accepted and .approved and the final estimate thereon allowed 719'f3 Tuesd w ft8iWeer �fiied assessment roll sad final estimate for as .sewer , c onnect ions on Keasey Street from Cadrrall Street to High Street, under Improve - meat Resolution Nd, 665 In the City of South Bead, Indiana. Resolved, 'that ndtices ='as t.o the amounts of assessments be pubZ-Uhed on the 30th9, day. --of) June 1919 arA On the, 7th.., day of June 1919 in thw._-epth Bend,`Dally Tribune, stint lug that this Board will give .s hear on the 'amount of ssetsaMAts' St its office -in the City Hall on the l6th.., day of July 1919 at 7s-15 P.M* ° \ Resolved further, that the entire work under the above contract be accepted and spPtoved and -the final estimate therstihallowed Englneex-fited'8ssessmemt_roll and final estimate for Asphaltli\c ndrete Oavement on Elder Street and Carroll Street from Michigan, Street to Wenger Street, under iapiovsment-xesolition No. 602. In the G ty ° of South Bend, Inid ana. Resolved, that notices as to the amounts of asseaa� nts ° be published for a ix coawecutive daus in the South Bend wily Tr ibuna, efimmenc fmg On the 7th, day of July 1919.stating that thda Board will give shearing on the amount of such assesemeate at its off ice in the City Hall on the •16t�h. , day of July 1919 at 7:15 P.Mo Resolved further, that the entire work under the above contract be accepted and appr6ved and the final estimate thereon, allowed. The P6110w_iag resolutioa was adopt,ci by the Board. LOM SEER IMPROMERT RESOLUTiOA No. 693. ° Resolved by the Board of Public Works of 'the City of South Bead County of St. JosieA, State of Indiana, that t e construction of a local sewer, intonded and adapted dbly .for loea2.: use by the property holders whose property abuts th reou, SW not intended or adapted for receiv itag sewerage from collateral drains,• be and• the, same la, he eby. orderod in and along Brookfield Street from Fassaaeht Avenue to Washington Avenue as follows, towit; - - Begiuniag at the int ,•:r- section of the center line of Pessaacht Avenue and Brookfield Street; thence south along the center line of Brookfield Street to the center of Linden Avenue with an 18 inch v itrf ie id pipe sewer; �hene a Still south along the c en ter line of Brook- filed Street to the center of drange Street with a 15 inch vitrified . tripe sewer; thane still south along the center: fine of Brookfield Street. to Washington Avenue with a 12 inch v itritied pipe sewer, together with the necessary manholes , stom water inlets, conduits, flush tanks and house connections tq the curb line along the line of said Improve' ORto all as le more particularly shown -and --all in accordance with the: plans, pro;lles and detail drawings_ on file In the off ice of th Depart:rent 4f Public Works of thg_City of South -Bend, Indiana, �A ! #Plvoir, wits all its a e -; 3 E.' «one -3 e3 la ECrizt R VOW i 0-A ilea d of ra. i� .>r n a Z`£ iYiia Lhe �ie`� ire v31i� yi 7 s -3. ':.R 1'*''. ZSi •3r_._ i.F tiL�i'I:� i 'tf .tR4A jj,v --b at's 7 ��. th-i t1ho lt'l 1. >y�9uO Vo 4t this City Is � :.,,�ciod b7 sa._p �. ,� L �: all°.eel l � ( , % AL-9� K s_ ,SgY4i' ( Cs �L., it .'.UZI 1': t �ii8�3i1;Zl's e..1e state Off .n3': 'a_ Z t? N" an $ i CzZ,-_a. !r: g Ma'A }ml defer-ed. are tq n� ra_ti :n en cue:! a.a:�ual �fOilto 241i�� s.Itlz • lot ff t ip +��14f an♦ "n ZAM!� A bond o- iao ds shall +`3 issue-d to tha (10,nt-pn ar itt t►410,4 T-,I, ii# +.3riG, w1 #;.} the , *+p tr -said asses 23:s b,iC'z ��s.et 9t J +3 Or #� ;rds 4:0 i Su0Ei, i3gt�ler its ®i is i t� zN ?i it tns� tf� ^( gnurn. Bet?u 'fie Or he held resoansii):e for ;-ry suua or SUMS +'UQ from S,ejd off work. or _`ter the oilec`icn of same. er !(%r the aaymant of tart' btfA� fiC lttltlt�A, f$ . t 9f CfrtMftt IAxiied to Said contra tO to ���Prt fp- such �or1. Fsce�t inn sual mf)ind �� �;1j:iil ttiti�d $RBii tj3elie+ fin-eved by the Hitt' i the itss r.i2�lt3 for SllCh.li,?DrpJj ce t> Or tL\C�+ ntAl+iiyj $A il;+lit i y �� �iiniH MIiWleft Act m aired to _ral. Ali Droceedings had. rend work done in the mix1r ig nt. s: id '9Et. rr,0nertY: collections of as.Assnients and issuance of bonds therefor, shall bo M_q NOUN Of tills resolution stall be public e o the_-.---260A�-_day of........J�e._ � 1 ,., g;id o1 t�la d* _ of ... ..919t. . JU y--•I,91§..,. in the South Bend Daily Tribune. This noArci will 0yo 4 ilk � i{i! i•®s l tion a! _10 office is the City Hall on the_,______. do it.7113. P. M. day of......JULY..............,....,. P0*.4. thi4 »°........ a4th..... .d y of................•-------JuaM._.........---........ .1.� BOARD OF PUBLIC WORKS. AttestedrW-- Veronica C6, Sweeney,,. Clerk Of the Board. G. A. ELLIOTT HARM P. .ROSTI~SER JOHN F. DERAVEN - r 797 ���i�-.�®l�ru•l�a s ,PUBLIC IMPROVEMENT CONTRACT. THIS AGMENT FADE ! AND ENTERED INTO : THIS 24th � , ' day of June 1919 by and between The White Construction Company of the County of Ullwsukea, ,and State of Wigeonsin(hereluafter 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"}; uOder aid by virtue, of an Act of Ithe General Assembly of the State of Indiana, entitledg " An Act Concerning MunicipU C arporat ions" approved March 6,19059 and all emendatory and supplamenta2 acts thereto: Witnesseth, that the contractor coveants and agrees -to construct sheet -asphalt :pavement on Lincoln Way West from Olive Street to -City Limits, in the City of South Beldd..Indian at an.4 for the following prices,:_ 3520 lin. feet of curbing per lin i't... a.. ... .35 8006 eu. yds. of grading per cu. yd.......... ......� .85 36 storm grates, each. ............ ..10.04 1560 lin. feet of conduit pipe, per lin ft.......... .80 20 inlets., reset, each........ ....................... 2..50 640 lin'. feet of marginal curb, per lin ft...... > ... 20 12 Inlets, reset, each . . ............................ 2.50 10.6 lin. feet of mnholes, per lin ft ..........:.. 5.00 F 16014 sq. yds. of Trinidad Sheet Fake Asphalt - per sq. yd .......................... 2.70 and to perform all work in the prosecution ofsaid improvement under and according to the terms and epn- ditions of Improvement Resolution No.....659...--.----•., adopted by the Board of Public Works.49: 1.11..t.,a 1919. and the plans, profile and specifications on file in the office of t1:4t I3epartment of Public Works, which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill ar.d care r!, 1 be exerc: cd; that he '1 ,,,•on ._ a it p )" 't All excavations and iangerous places, and ,ll use all due and n ^-)er prec i t ore � ;t �y `� .ry person or i -^- r`y; fb: t i�l �hA event of . any injury or damage resulting f_-^:;: t'.. from .!-y !*,1t+(r or th;ng (-only coed there�F'ilr . or arising therefrom, to a.ry persA_i or prep=r`v, he 11 ngv a:r^ i,,,_,,idate the s:rie at.his own ,expense, a.nd as- surne the liability ther--ior; and in the e-,rent of any (Ja m or claims h:ing.made or any action;or;actions being. bro.-,fight aga;nst the city by reason or on a.^^ou�:t of or growing out of y id c�ort; or,its construction, the said contractor will at his oven expense defend the same, and will pay any judgment recovered therein, and }v' I 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 tine pendency ther of then any judgment repdered against the city shall be conclusive against the contractor and against. the surety can h;_3 constrvction bflr_s, 2s to tb 4mount, liability and other matters pertaining thereto. And the contractor agrees to rnai twin said improvement and make such repairs as may be necessary fir. the period and in the manner as fixed by the specifications, and to secure the maintenance and. repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed,'by the 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 person 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 on the part of the city of any of the provis- ions of this contract, nor shall it release 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 Jhis contract, whether- done or furnished for him;or .his; agent, assignee, successor or subcontractor; and the. city may. reserve out of ;any allowance. made on any estimate in favor of the contractor -or u ' assigns, or out of the amount due him. or his assigns upon the completion of the work, so much as ma cessary to pay all laborers or rimateriat men for amounts due them . for work done or materials .uses .urnished to be used in the performance of thiscontract and the doing. of said work, and the t:ounty treasurer, acting as city treasurer, may retain :money cvitueted,from property owners assessed for said improvement to pay such debts or untij< the contractor sbows that they have been paid. or satisfied s to :sing. all earth, and hn+zsed material in the stye its or, tides.theroot upon the completion of the impro­em: ;it or the "repairing thereof.. ` :The work of making nch Improvement shall be completed according to the terns of this eontraet'on or - i,e#ore the ------------------------ 141& '--- -- -- --- -- day of; - sept�b,e + unless the time for the completion of the sai—,: shal)-be extended in writi g- by'. the Board of Public Wo s, Anh -it is agreed that any such-e+cten-ion:of time, or aiiy alto ation of this>contract or:,o€.the marmer'izr 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 contractor shall not assign this contract,or sub -let the work or any part thereof to be done hereunder, without the -written coil :;ni-..of the Board of Public Works. It is further. agreed and stipulated jh? t t'., contractor shall give to- residents of, said city and county Preference in the%employment of all labor necessary 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 stipulation. And upon the -performance of all the terms and conditions'of this contract, .and things to be :done .and... performed by said .contractor the ,roes to cause the cost. of_doing such work :to be assessed, col- lected and paid to said contractor in the i�armer fixed by the statute governing, the making of. such improve - To each .of the,conditigt s ,atxd stipulations of this contract, including all acid singular th6. pro sons and terms of the plans, pr®file, specffiications and , resolution aforesaid, th+e under a Seed binds himself -pr itself, and the.; respective: successor or assigns,of 4*0 "O'es. IN TESTIMONY VHERE4 Weth f atego 13% ed naMed.part ias, hereunto set our hands. this 24th'. day of .June ' 1919 9 IS THE WKT2Fs CONSTRUCTION CO. A. N� WHITE Vice Pres CITY OF SOUTH BEND,..IND IANA. • Contractor BY G. A. ELLIOTT HARVEY F4, ROSTISSR JOHN F4 ISHAVEN Its Board of Public: Works, e CON TRACTION BOND. Know all men by these presents, That we' The mite Construet'ian Company of the County of Ml-jwa xkee, _State of Wisconsin: as pr ipal and Uayyland Casu91ty Company. BQJAIAore,,, ,)kd, . as sureties, are held„ and I_, -bound t© the city of South Bead,, ,Ind,isa , fa tha Bum of Twenty Six Thousand -five -hundred and seventy nine, Dollarp..(26,,,5jff.t�0), for tine payment of whlch, well and truly to be made, we joiptly, apci severally bind ourselves, our heirs, pikoeutors, administrators and ass, 4ps,e f firmly, by, thgse, presants,........ . ate,..conditions of the obl 1gat ion &a such :that if the above tamed The :White. CAAstrAetion, .C.OMPMY 3sb,8,1,-1; faithfully comply Broth the goregoing contract made atd entered ,ip,to the 24th.,: day of June 1919 with ,the C ity' df Sout h - Bend, Indiana, and shall fulfill all the . e and 1t ions and s t ipul.at ions therein. contained sceord.ing to. ,the, trae, ,iateat, epdmeaaing bhere©f, in all respects, then this obligation to be void, otherwise to be and remain .in full force and virtue In law. In the event the said City shall extend the t iue Tor the completion of said work, such extens ion . shall not in any way release the urea fie- on this bond. This shall be a c instruction bond,, and the sureties on the same shall not be held responsible for the maintenance and repair of the improve- meet after it has been accepted by the second party, but such. sureties shall be hel held- responsible for the faithful_ compliance with ell other conditions, st1pulatic8 and requirements covered by or not out in the contract. Fitness our hands and. seals this 21st., day of June 1919, THE WHITECONSTRUCTION COMPANY. EAU ih F. HALKEY A. v. W$.' EMIL F. EALKEY, , dice Prest. MARYLAND CABUA1,TY COMPANY The above bond approved BY ALFRO A. MILLIR this 24th. , day of June 19190 Attorney in fact G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DffiAVER` Board of Public Works,. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 24th.9 day of June 1919 by and between The White Construction Company of the County of Milwaukee, -State of Wisconsin (hereinafter referred tees the contractor% and the City of South Bend, in the County of St. Joseph,, ead State of Indiana, by and through its Board; of Public Works , (hereinafter referred to as tho -" City"), under and by virtue of an Act of the Gener l Assembly of the State of Indiana, entitled " An Act Concerning Municipal CorporatiouWapproved uarch 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees is construeti asphaltic concrete pavement on 011-ve Street from Lincoln Way West to Sample Street in the City of South Bend, Indiana, at and for the following prices:- 80 lin. feet._ of curbing:per lin ft.............4a 5387 cu. yds. of grading per cu. yd............ .70; 2 manholes complete, ........,................100.00 72 storm grates, each.......... ........... 10.60 191a lin. ft. of 8`" conduit pipe, per lin ft.. .8 62 inlets reset, each.... ................. 2.50 1720 1 in. feat of marginal curb ; per 1 in ft. lday June 24th. lg19, Cont inued;f 23 msnholes.reset, each.... :,f. ... f.. ....# 2.50 22226 sq. yds. of Trinidad: Lake Asphalt,- for asphaltic. concrete paverent per eq• lam•.• • •:........ � . � 2.17 . a tO ,Perf®rsn all work in the prosecution s;: said tniprover►4e!nt under and acGrdp;tg to the torme and f�a'f• . dltlona of Improvement Rjesolittion No. _ _� adopted by the Board arf Public Works..., &h.. , J,. 19. aid the plane, profile ancro d specifida+±s on file 7-1 the offrce, of the Department of Public W®rka, �►i,ich �a resoh,itlon, plans, profile and specifications are made a part hereof as fully and eifectui►lly a� if COpied' and out herein at Itill.leneih. `!it contractor, farther e zpressly covenants And agr -s that in the prosecution of s:sid work i►11;.p1'd�At sk111 tf d care ,_• .l be exercise1, th = be all eknvations anti dangcrquo jala�riy and aidill use all dtt.e. bard rre', �, , �� n"u, " t o �r ., t �, -Iry °Per�o+�1^" „�t �r+Y1 f�9t f'1 klfe Avs +, Qs� si afly itljttry or tl^mn:gy rs suiting frn;n t' «, Jr } S,,';, o from P y r� ttk ;r or thi'np rn(n-Pe!«-d tti°"re Ar sing therefrom, to a:ny per..-n or crop=rty, »> • tl ^-v a li i td�*e tha same at �,s owrn en '11 s:hr! 6t surne the liability therefor; and in the event of any r air. o.r claims b} ng trade or my acdori Cr lv., lads: bolo brm;ght against the, city by reason or on a,ceourit of Or grog=aing out of 'd t �r'�.rir its c^�^+.rtivtion, th- W -contractor will at his own expense defend the same, and •viil pay'any judgment rzcovered therein, and :Wv+ll in - all respects fully indemnify and save harmless said city, its officers, agents or ebiesci tatives from all cost afpense, paymerit or judgment recovered in connection with sucli claim or clairtia, action or Actions, And Wlthin tefl days after any such action is begun, the city shall notify the contrac+or of tine ven,'leh r Hier- of than any judgment rendered. against the city shall be conclusive against the contractor and against ills surety eft bo`.a a... tc tb kmovnt, HabiliW and other matters pertaining thereto. And the contractor ag•ress to rnai."*gin said iL.� r +rt ent a.. �..<d..e a: repairs as may ee necessary the period and in the manner as fitted by the specifica.tlons, and to secure i.le maintenance and repair tnerew to file with the Board of Public Works a bond ,,.:th suf tcient 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 shall be subject to the same liability to the city and any other person for anyInjury or damage to'any perstn'or prop- erty in the same manner and to the same extent as is fixed in the last• preceding paragraph covering the con- struction wor... Acid it is further agreed by and°bAtweeri said parties that the acceptance of the work provided for in this contract, or the payment thcr of, shill not constitute a waiver on the part of the city of any of the provis- ions of this contract, nor shall it.rcicase 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 contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made an any estimate in favor of tie contractor or ' assigns, or out of the amount due him or his assigns upon the completion of the work, so,much as ma- cessary to pay all laborers or materiai men for amounts due them for work done or materials useu .arnished to be used in the performance of this contract and the doing of • said work, and the county treasurer, acting as city treasurer, may retain money colicated from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied ?ca. earth. and nw-sed material in the streets or sides t e'kEx7i upon comnt�•::_gin c rs the ,rnprov..m :,t or the repa;ring thereof, The work of ma.'- ire st!" improvement shall be Cori bf-fore the ........ - ....... 24i1h. of ac rdit� t teh- t f this Co17kr8Ct on pr ........ ............._...._ _._........ LL unless the time for *Y,e corr;plet�on of the sat e s!t_i�b� >•+p ... �2........ . �.. 1Q" ...'" And it is agreed thr:t- an s,,�h *eo .�i "- exte"ried in w!•iti--g by th- Board of Public .Worms, g Y e. on of tirnt, or any alter: *ion of this cant -act or of the manner or'-neth- od of doing such work shall in no way affect the dutie ties. s, obligations or liabilities of the contractor or kiln sure - It is agreed that the contras or Fhall not n.ssign this contract, or suh-let the work or any part thereof to be done hereunder, with3!vr the v.ririnn nr of the Board of Public Works. It is further agreed and stir , ia-ed t'`at Cat, contractor shall give to residents of said cityand count preference in the employment of all labor necessary in the performance of this contract, and faiing to do so shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And,upon the performance of all the terms and conditions of this contract, aral things- to be done and ' performed by said contractor the said city agrees to cause the cost of doing such work --to fie assessed, col- kcted and paid to said meots° contractor in the manner fixed by the statute governing the making of such improve - To each of the conditions and stipulations of this contract, including all and singular the proelsions and terms o the plans, -profile, specifications and resolution aforesaid, the und4*gned binds himself' br itself, and the respective successor or assigns of such parties, In Testimony Wheeeof, We, the foregoing named. jdrt ies, hereunto set our hands this 24tb. , dray of June 19190 EMIL F. HALKEY, CITY OF SOUTH BEND, INDIANA.' BY G. A. ELLIOTT ` • ° ° ° . HARVEY F. ROSTISER JOHN F. rMVvN . , . . It Board �of ftbl is Works. THE WHITE CONSTRUCTION CO* A. W. -WHITE Vice Prest. Contractors 800 Kftow all -nen by these presents, That we The Whyte Construction Company of the County of Mibwsukeo= , - state Of -Wisconsin as principal,and Maryland Casualty Company of Baltimore, Md. as surety are held and firmly bound to the City of South Bend; indSan& in the sum of Twenty eight thousand five hundred and eighty for the • payments of which, well and truly to b,eimade, we Jointly ,and severally b ind ourselves, our heires executors, administrators and ass 9nss firmly by these presents,. The c and it ions of the obi gat ion are -such that if the above named The White Construction Company shall :faithfully comply With the foregoing contract, made and entered into this 24th., day of June 1919 with the City of South Bend, Indiana, and shall fulfill all the conditions and stipulations -therein contained, according to the true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law, In the event the said City shall 'extend the time for the completion of said work, such axteneion shall not ;1n any way Seleaso the sureties on this bond. Thus shall ire sononstructton bond, and the :smret es on the sate shall not be , held respons ibl a for the ma intene�=e and repair of the improvement after it has been accepted by the second party, but such sureties t be -hold responsible for the !faithful compliance with all other cond t .ons, stipukstloftand requirements covered by or set out in the :contract. Wi.tAess our hands and seals this 21st." day of June -1919. THE WHITE CONSTRUCTION COMPANY BY A. W. WHITE Vice Prest, IN Us F.$ALHEY. MARYLAND CASUALTY COMPANY BY ALPRTD A. MILLER, Attorney in fact. G. A. ELLIOTTThe above bond approved this 24th., day of June 1919. HARVEY P, ROSTISER JOHN F. DEHAVEN Board of Publle Works, PUBLIC IMPRDVEMT CONTRACT. Thls Agreement, Made and entered into this 21st., day of June 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 ofIndiana, 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, entitl =d " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental sets .thereto: - Witnesseth that the contractor covenants and agrees to construct Sheet asphalt, pavement on Lindsey Street from Portage Avenue to Blaine Avenue under Improvement Resolution No. &0. In the City of South Bend, Indiana at and for the following prices: - P . curbing per l in f t........................... 32 ` 2819 cu. yds. of grading per cu. go 6 storm grates, each ........................9.00 166 lin. feet of camduit pipe (8") per lin•ft..80 22 inlets, reset, each ........................2.00 124 l in. feet of marginal curb, per l in ft..: , .20 8 manholes, reset, each.......................2.00 8963 sq. yds.: of Trinidad Lake Sheet Asphalt pavement per sq. yd...9.92.63 S 0 Uinlilnuad -said to periorm all wdrY in },he prosecution of said improvement under and according to the terms and con- i:ii+.ions of Improvement R�solrittort No .-_ 660 t a.doptecl by the Board of Public,`'�ork��; ,jb,j9�9j and t?he plane rofile ?7d s Ad colors on file �+ rhA office of the Ike a-'m�nt f P hl' k pu- is said rc•solrition, plans, j~xofiie and. sperificat.ons are mMi ! a part hereof as fill and effE4'u'aIt a ,tf errfi;ed and set out herein .at fitll;iength. iie contractor further et pres.nbv ar cove hts arf4 ag -�t e propcutloxi o s that in• hf Safcf work all proper skill +,care 1 b- e��irr; ^r' th hP 1 0 � r all e Sava+ions ai?d dangerous places, ,and ")l use <: tl d <" n Jar pr ` .pry. i,, 7 n t i yti, Zr t^Y person or 1 C ^� Lv r t� 3t, 11• T? ev tj{t Qf any injury or dam, �? r taitl g fT^ 1 rt ' <T �_ Cr r a tip 'c fr �T1 � y �+n,r of tl!"t319 E Q13llF'�ftiij tli'T2\3��'Cf Or art5itatg thn, efrom,Jo achy pprt.r 3 or ptoptrt. he 11 rev a =�, It , tid'ate th :s *lie at his o to ek Tense, `a.rid as- some'he liability ther four; and in the ever t.-of any cya_th or clajms be!ng•n1ade or`.any acft©n,er-actions beidv brought against the city by r+?ason or on, a;ccourtt of or grotyi ,g out of 9,'id• wolf or its edn3,tr .tC68,ii ih s�?d contractor will at his own expense defend the same, an � ill -pay any ,-udcs l ient 'r'ecovered the ein, and will in- all respects fully indemnify and save harmless said city, its QfficerS, agents or representatives 'from all cost; expense; payment or judgment recovered iii c �nne,ct%on with;such elaitn or claims; action 4 actions.. And f within ten days after any such action is'begun the city sha.11'noiif-1 the contractor of ti � tseti+jency` them^of, then'any judgment repdered against the city shall be conclusive agarfisi the'cQntractor and against the surety . on his construction bond, as to tb amount, liabiliW and other matters pertaining thexetd And the con rac or arzas to said ,t ^_ a ia rep s a r_ . the period and to the manner as fixed by the sn-ci`ic-a'ions, and to SEC 1E ,rf maiii-itenance aT l'r p }r t: to file with the Board of Public Works_a bon - d'„tn srzmcient suretytheieori and in an amounta#; _.---d i}r specifications. And in doing such repair Uvork the "contractor and the surety o': his guarantee bo-rd' shall b subject to the sane liabil.iiy to the city and any other person for any ii-ijuryor dan ag-e :to any per, cr pro,; erty in the same mariner and to the same extent as is fixed in the last preceding paragraph cove,t,rc_ tne col.i struction work. And it is .further agreed by and between said parties that the acceptance of the wor.c provided for in t':i,; contract; or the payment thereof. shw1l not constitute a waiver on the part of the city.of any of the proves- ions of this contract, nor shall it r;lease said contractor or the sureties on Airs bond for .the faithful perm - 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 pav for all labor and materials used or furbished to be used in the making of such iriproveme t and in the performance of this contract, w-hether done or furnished for,him, or his agent, assignee, successor or subcontractor, and the city may reserve out of any allowance.rnade on any estimate in favor of i ie contractor or ' assigns, or out of the amount due him or his assigns upon the completion of the work, so much as, ma-, cessary to pay ,all laborers or materiai men for aiinount$ due` them for vvorlc crone or materials user :urnished to be used in the performance of this -contract and the doing of said work, and the county treasurer, acting as city treasurer, way retain money co eeted from property owners assessed for, said improvement to pay such debts or until the contractor snows that they have been Tmid or satisfied - to .erno ^'': rr.', , s;,, earth, and un :sed material in the stre;.ts or sides t orooi iipon the comple inn c; the. imorow m -:.it or the repr ring thereof. The work of ma.ktng siv-h lmprovment .shall be completed according to the terms of this contract on or before the------- -f'�. by • day of ;'eptitmb�'! l ls----_...-, 19 ._.:,, ur ess the time for tlhe compce -ton of the sar e sh 1l b evtEt�ded in «r r � by the Board of Public Worl S. AS,d it is agreed that'a ny sttrh eaten, tol o- ti, or any alter, ;-ion of this contractor t;f ;the xnanxer or"meth- od of doing.such work shall in no way a fect the duties, obliga_`tions or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not -ssign this cortra_t, or sub -let the work or any part thereof to be done herei+nder, wirho'lt the v:.: �- t of the Board cf R..Nic Works. It is further agreed and s_ioa:� i contrac'shall give to residents of said city and county preference in the employrr=rit of a!, la' of _c�ssary in the performance of this contract;.and failing to do so, shall forfeit•t0,tbe city.. the sum of ten dollars for each faiLire to observe this stipulation. And upon the performance .of all the terms and conditions of this contract; and things to be done and pper"foi'rried'tiy`said co i rac'tor"the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- ments. - 1 eacli°of'the cotrditibiis'and 'stipulations of this contract, including all and singular the provisions and terms of ,the plans, proii)e. §pesificatipns arLd•r-Folution aforesaid, the undersigned binds himself or itself, and the respective successor or assigns of such parties.. ° • . , . ° , 'In Testimony Whereof; sot our hands this° 21st. ; -, day of. June 1919, CITY OP SON BENS, INDIANA. G. A. EMIOTT....... f�F'f -9. ROS TISER JOHN -K-- . M$AVBN Ite .Board of Public Works. We, the foregoing named parties, hereunto THE WESTERN CONSTRUCTION CO. • BY PRE RANKERT Pros. Contractor. CONSTRUCTION BOND. Know all men b y those presents,. 'That the Western Canstructian Company of the County of St. Joseph State of Indiana and the Aetna Casualty and;Surety Company of Harttord, C onnecticuty as suret lea, are held and f irmly bound t o the C ity of South. Bend, Indiana, in the sum of Thirteen. T housand two hundrdd and Poventeen Dollars (413,217,00) 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 The Western Construction Company shall faithfully comply wity the foregofg contract, made and. entered into . the 21st . , day of June 1919 with the G 1t y of South Bend, ?.rid iana, and shall fulfill all the cord it ions and stipulations therein ec►#tai>aed, acco3ading to the 'true Intent &Ad seanisfg thereof, in all respects, thenthis 0h1 4+104 to be void, otherw a to be and remain in full force and virtue in law. In the evet>�ttt1k aafd City, shall exte k4 the t1we for the complet -10h of said work, such extension shall not in: any way release the surd 10-s this bo : , 8 2i This shall be a construction bond, and the sureties on the 6AM0 shall not bo held ` resp s lble for the _maintenance aft rix of Vw Improvement after it, has been acceptyd_ by the see d , r y-* such --suret tan shall be held respons We for the faithtui coapliance with all other conditions, stipulations, and requirements covered by or sot out in this contra c t. Wiftess our Bands and seals this 21st., 44tv of June 1919. 090 THE AETNA CASUALTY k $UR£�X ��PANY THE WESTERN C ONSTRtCT I0N D . PANY BY v114 t m F. (RUM. BY T. Attorney in fact. Attest:.. Prank H. Dmnshoo* Attorney in fsct.. The above _bond approved this 24th. , day if June 1919. G. A. ELL, O'Ai' HARVEY P ROSTISER JOHN P. DEHAVEN Board of Public Works;. PUBLIC IMPROVEMENT CONTRACT, This Agreement, Made and entered into this 21st. day of June 1519 by and between The Western Construction .Company of the County of St. Joseph, and State of Indiana ' ( hereinafter refer-- to-" the " Contractor"), and the _City of South Bend, in the County of St. Joseph andbZtate of Itld Jana, by and. throygh its Board Of Public Works, (hereinafter referred to as the " City" ), under and by virtue - of an Act of the General Assembly of th State of Indiana„ entitled 8 Act Doncerning,: Municipal Corporatlons, " approved March 6,1905, and all amendatory and suppleslental acts thereto:- { Witnesseth, that the contract* covenants and agrees to construct pavement on Birdsell Street from Washington _Avennue -to La Porte Avenue., in the City of, South Bend, Indiana at and for the .!',owing prices: - 490 1 in. fept of curbing per 1 in 2'6....... . ....... �. 30 2698 cu. y4p. of grading per cu. yd............. . .. .87 4800 1 in. feet of combined curb and gutter per tin. foot. .................. .78 10 storm grates, each.............................g.00 420 1 in. feat of 8" conduit- pipe, per 1 in ft-...... .75 21 inlets, reset, *soh.......... , ...:. .... , ..._. "2.00 440 1 in. feet of marginal, curb_, per -1-in ft. , .. .20 9 manholes, reset, each.....,..........y .. 2.00 10 lin. foot of manholes per ft......,...,.....-f., -6.OQ 6 curb • inlets No. 26 each...... , .. , . . .... . ........19.00 1 manhole covers, each..............�........,....�20.00 9284 sq. yds. Triniidad -fake-Aaphslt asphaltic concrete-povAme;nt per sq. yd....... 2, 34 and to perform all work in the ,prosecution of said improvement under and according to the terms and con- ditions of .Improvement Resolution No. .__= adopted by the Board of Public Works.. ka , t. , 1,19. and the plans, profile and specifications on file in the office of the Department of Public Works, Wch iRid resolution, plans, profile and specifications are made a part hereof as fully and effectually as if e000d., and skt out herein at full length. The contractor further expressly covenants and agrees that in the proseeutinn of said work aft proper skill and care : =ill be exercised; that he 'a ro �� and • ct all xc v ti a - - _; F 1,A� �.. p• e a a4,ons and dar►gcrous Al�era, and ;?1 use all due a.nd proper precaution to preve�_t inj ry +o ;r:,y person i ^r p-ep �,•t�•; t!�st its «l a e�flr�+, Q4 any injury or damage resulting from the work or resultirg frnm P-�y-r.,t+ter or thing tnnwprtpi tb-'rel0f, @x arising therefrom,'o any person or property, -he w;ll pay v14 liq,--4 e-tte apme at Fis owne;�;iPCtse, tend �.aa sume the liability therefor; and in the event of any clairl or claims prong made or any act -ion cr apt#mis qff bro,ight against the city by reason or on account of or growing-otd of *c;d rmrl, or its cPr^«rt!e+ip ±s s^. contractor will at his own expense defend the same, and will pay any judgment r covered *herein, and NIP. i i♦i all respects fully indemnify and save harmless said city, its officers, agents or representatives frorn all cost expense, payment or judgment recovered in connection with such claim or claims, action or actions, A1 within ten days after any such action is begun, the city shall notify the contractor of the tter"It-cy ther•..!-,f, then any judgment rendered against the city shall be conclusive against the contractor and against the surety en hi:. construction bor_d, as to tb� amc� �t, liability and other matters pertaining thereto, And the contractor agr�eus to rzuintain said improvement and make sueh repairs as may be necessary fOi the period and in the manner as fixed by the sn�cincations, and to secure ine maintenance and, repair thereof to file with the Board of Public*Works a bond with sufficient surety thereon and in an'amotirit as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sane liability to the city and any other person for any injury or damage to any pers,n 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 conA tute a waiver oil the wart of the city of any of the provis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the fait fuJ perfor-n- ai:ce 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 co.tractor agrees to pay for all labor and materials used or furnished to be used in the. making oi. such improvement and in tine performance of this contract, whether done or furnished for him, or his alr't assignee,,successor or subcontractor; and the city may reserve out of any allowance rnade on any estimate in favor of the contractor or ' assigns, or out of the :.mount due him or pis assigns upon -the completion of the worn, so much as ma- cessary to pay all laborers or materiar men for amounts due them for work done'or materials used .arnisFed to be ksed in the performance of this'contract and the doing:of said word, and the county .treasurer, acting as city treasurer, may retain money ccilcated from property owners assessed for said improvement to pay such debts or uricii the contractor shows that they have b- i. or �.atisfied 1 fie. cont-a^r or ag--cos to'gemo- � all ru'.)aish, earth, and nw.,sed material in the struts or �i��l� upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be cornvieted aecordin o t e to at before the. 24t. is cet r� � t�tl unless the time for the c - - day Of ...... .....tea Q® t`,;_ .1tk...,.,.....°, 1 .. ompietion of the sane shall be n rf ° , extended in wrr;._g hy,t?te dottrel of k�ublte W�riaA, And it is agreed that any such extension of tine, or any alteration of this ce�45'act or of the manner or meth. od of doing. such work shall in no way af~'ect the duties, Obligations or liabihti; s of the contractor or him aura. ties. It is agreed that the contractor Elul! not assign th's co^*ra,ct, or sl,h-let the: work or eny part there to be done hereunder, w: ho r h of the B a-d o f .Plj!)Hc Works, CO - It is further agreed G i t ,a cnrrtra >or s, o i1 Il ; .c to residents of- s4'd city F, county shall forfeit to the cit i�the s lm f o_ ten cessary in the p;-rtor nl'ance of this contract, and felling to do go, Y n d. lla., for each ,.allure to observe this stipulation, And upon the performance of all the. terms and conditions .of this contract, and things to be done and pperformed by said contractor the said city agrees to cause the cost of doing such work to be 4 pgsod� eel - menu. ma,and paid to said mecontractor in the manner fixed py the statute governing -the king� of guc i' prAv�� ats To each of the conditions and stipulations of this contract, including all and singular the prOtrfglong sn�' terms of the plans, profile, specifications and resolution aforesaid, the undersigned hinds himgolf p loge: :., and` the respective successor or assigrs of such parties, - In Testimony Whereof, We, the foregoing named parties, her•unte set .cur hands t is 21st.9 day of June 1919. THE WESTERN CONSTRUCTION COMPANY CITY OP' SOUTH BE1.D.s. INDIANA. BY FRBD RANKRRT, President, BY 0. A. ELLIOTT contractor, HARVEY F. ROSTISER Its Board of Public Works. CONSTRUCTION BOND. Know all men by these presents, . That we the Western Construction Company of the County of St. J©seph State of Indtam-se principal and The- Aetna .Casualty de Surety Company Of -Hsrt*Srd, Connecticut. as hold and firmly bo7jud to the City of South Bend, Indiana, in the sulo of Pourteen Thousand Two Hundred and forty eight Dollars ($14,248.40) for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our he ire, executors, administrators and oss ignst firmly by these presents. The a and it ioln 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 Blot. day of June 1919 with'the City of South Bend, Indiana, and shall fulfill all the conditions and st ipulat ions therein contained, according to the truer intent and men ing thereo;t', in. all respects, then this obligation to be void, other wise to be and remain in full force and virtue in law. In the event the said..City, small extend the time for the complet ion of said work, such extension shall not in ariy slay release the suretlete on this bored.. This shall be a construction bond, and the -sureties on the same shall not be held respond ble for ,the ma in tenanee and repair of the improvement after it has been ao cepted by the second Marty, but such sureties shall be held responsible for the faithful compliance with all other conditions, Stipulations and requirements covered by or set out in the contract. Witn*as our hands and seals #f this 21st. day of June 1919. THE WESTERN CONSTRUCTION COMPANY BY PRED RANKERT, THE AAA CASUALTY k SURWy t3WANY - Pass. BY WILL10 Eo GELTZ Attorney in fact, Attest: -Frank H. Dunnahoo,: Attorney in fact. The above bond approved this 24th.,, day of -June 1}19, G. Ae. ELLIOTT HARVEY F. .ROSTISER JOHNF. DEHAVEN Hoard of Public Works.: PUBLIC IMPROVEMENT CONTRAACTO This Agreement, Made and entered into this 21at, day of June 1919 by and between Bruno De Peape 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. Jos*pig, and State of Indiana, by end through its Board of Public _Works (hereinafter referred to as .the " City" ), under and by v irtu* ' of an Act of the Gonerl Assembly of the State of Indiana, entitled x- An Act C_ one*rning Runic ipal Corporat ions ap. prov*d March 6 1 .05 �d all amendatory and • _ + 9 � y supplemental acts thereto. Witness#th, that the contractor covenants and agrees to construct Pipe -a*wars in snd Alssg'-Kest iusske Street, Jackson Street, Grant Street, Warren Street' and Carlisle Stre*t, and Brookfield. Street in the City of South Bend, Indiana at Md For the following pr ices: 6794 fin, feet of 12 Inch pipe sewer, per lin rt........41,9,0- 422 Ila. feet of 8 " inch pipe s*war, per •fin ft....... ,70 ° 4382 l in. feet of 6 inch conduit pipe, per l in ft, .85 176 list. feet of manholes, per liu ft,,,,,,,,,,,,,,,;,o 7.00 21 storm water grates each.:..........................10.©� 19 manholes curbs and covers; each.....................18,00 .wL� 1�:�,. _,ar�-liitr acre► i 1 _ 19. s .� � O�CQ 4 tht-. - - f * troft nd spedf catiom are mzde a r am! � - /� � ��e �� �� Mr�af ea f Lei ����lZl► ii �� � tip The meowN further expfessly,covenants and ag►roes that Sri the tkv,'0 4 6'£ ereise;i; th^the ='l �'oper'�, _,, .� e,_d �4�r ell ��� @l �� _ y.. t 111 fillOO 1t1 due a Pret'pfQc at*on*� pre'va;t in?tt �y !7 at3y@tacit r 1'P' lilt �l<d �, a l`eskltin8;r?z� th .w�i{ ;r repitire- front a v: b� �' @ . �t®1ohom, to fit] era^•R Of property, 12 ray `�ryrj ,�..i y P P . y, a ll a.. , tit+tti h@- @ @lllllty tlteref®r; end in the event of an clair orelaiYa�s boil, t Of_rA#gily ill Phil � ��Kht aNill�st illo city by reason or on account of or owiijgpi @ F116010P Will at his own expense defend the same, and w l! pa�t�s any) d l t @� tf@ r @ : @@ @@ @ 1'ill_y tnde:nnify and save harrriless said city, its oiweers, a Onto dr r@ @@@ ( � I I @ ads pl!� eft �rud�tnant teeovered in connection with iifi�l3 alam ®f @i�fllr �@ Of , @ @aye khor. any such action is begun, the city shal! n®tlf {h; l�! fll�ill tendered s inst t �'fral' ®; #fl he cat• shall be conclusive init tjge -9 ! ':.0W41 4mt b nd, e3 to tit= $rrto* mot, h-&1h y and other m��rf L�f'�f®f' Ili �` 04 And The '6®i iStS`9i ag , l s n r> »:it ar d �".'.ake Z nth rt �� r s plod and in the st nz�Yr as � r-cd by the sp 65cations; 8'ad to secure We � tenon �a"d repairc stit 0 t�with the Hoard c+f.Pubiic �orlrs a bond with sufficient surer thereon and in cif�.ties,o y an antouttt xed r kha d in doing such repair work the contractor and the surety.r► his §4 4 W the §anic habilit.y to the city and any other person for any injury r Bain e oartyguarantee rood she 1 be arty IIt the same manner and to the same extent as is fixed in the last preceding to any per* n the pip Aruction work, P g paragraph coverii tlt� c®n= And It !S farther agreed by and between said parties that the acceptance of the work provifled for { thf$ i ltr&at, of the payment thereof, shall not constitute a waiver orA the part of the city of atty Af the prsv;s= Botts of this contract, or shall it release said•contraCtor or the sureties on hia bond for the faithful pericrtn= 111fE� that`s®f; n®r shall the acceptance be prima facie evidence of the performance of an Provision of this � AP11ct, except to the extent of entitling the contractor to the contract price therefor, Y The eo_ttractor agrees to pay for all labor and materials -used or furnished to be used In the rpliklhg ®f sUah linprovei:ient and in the performance of this contract, whether done or furnished for hita, or his ag@ht, assiA'tt@e, successor or subcontractor: Tractor; and the city may reserve out of any allowariee made do any agt{i ate ® the contractor or } assigns, or out of the amount due him or his Rssigno upon the cninplefion of the work, so much as ma, cessary to pay all laborers or material then for amount# dt49 theft for worl€ done or materials used or �arnished to be used in the performance of this contact and the doing of said work, and the ('ounty treasurer, acting as city treasurer, may retain money c0efted hom property . Owncra aasemed for said Improvement to pay such debts or unril the contractor s��9Wb that fhey'aye bat . -I rnll Pr �'Atiaft@d 805. e da June th 1 Con u 1 conT:a^`oT agrees w all rvbJD sh' eorth, alai tnl-isz-d : ater3r,iectt p III)PU f6 CMV1460U of the improv-='gz at or t'ft! r'ePa"-ing thereof. Th@ work of tfle%ilh s11ch '"° r'ovetnent shall be cornn?eted aceordir. - \Lei key erms bgfft''@ tha .. ' Ill a�i i © t i€! `i rk ? uJ14go the, fire #�ratYe c� ��.....@..� L . 7 day cf fe to si';,,. � � l� {'1 _otl 'the` 9+a1^'�' s'h1j `• be x' e �� +>sase as xae:}) aye. And it 6 €� rand 'th t work (4r� e.. , iCxed try writ' g .b th?� Rolard of Piihlie- W�)O�a, jll ed 01 d6ifig such ork Lll r � way a±feit tn„ ar zry cl3tera ion of t�5� t nni.t � ct �P tl� d;atte ,off!=`° :cons or livabilitjes of a uil3 t �;ck' a . off' or i® §.urgta } it 6 agreed th 11€ ll�e f�0ilf �N't9T a 9't.1,1 �r>Y, S � 1 *11 S See" r Cti or. 4l # ^Ir'1 the'work ork � t tt ero p �>rl � ..$ F. 53� �i� �� �- �4'1-._,: ��t to ai ) .:he Wodcq, f4trih r �Fc ,d 1 ' t iY:)t { r .° O,` ! r to r E stdent s of sal city and county p er� ee i1 he vEfipid to r;li_n " t I+_o i .v�drj in til sfY ri a.wCeA1 tl"stS CC[1'it` (`t, a�liG failing fits so, ilia i ®rf it to the city the 5 trn o ue each Fail re to observe this -stipulation, A'id upon the crfrrhArt& °ref a) the t z is and' o rl.ti�^s' of'this contract, d things t9 be done and r � r d by said gorit actor. the.sa d,city,agiees to cause the -cost iol doing such wort: to be assigoed, cola idettd Daid paid to said con Itractor in the manner fixed by the statute governing the making of such imprpvu- To @Uh ®f the ClOndititotis 4r4stipulatims of this contract, incivalr g all and singular the provielons ar_d 6 tI-19 Of t6d rinns, prone, SYecifi ,atrons and resolution aforesaid, the undersigned binds hir"elf or it.st- slacces8k)r, or, assigns. Of- s_a-h Parties. _ . In Testimony. Whtreofs, tape,, the. foregoing named parties, hereunto set our hands this 21et.,. day, Of. June, 1919... , CITY OP SOUTH BEND, INDIAI�A., .. , .. , . , ...... , Bruno De, Paepe, BY G. A ELGIOTT Contractor . HARVEY F. ROSTISER a ,..,.,..... JOKn I'. agNAi . , ........... , ..... Its Board of Pub I is Works. CONSTRUCTION BOND, Know al 1 men by these presents, That we.the Bruno De Paepe Of the County Of St. Joseph State of Indiana, as principal, and L. S. Barter atty. in fact Dor the United Stages Fidelity and Guaranty Company of Baltimore, Maryland of the v CouXty of St. Joseph and State of Indiana as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of Nine Thousand Three Hundred and fifty seven Dollars 09,357.00) for the layment 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 cond it ions of the obl igat ion are such that if the above gamed Bruno De Paepe shall faithfully comply with the foregoing contract, .made and entered into the 21st. day, of June 1919 with the City of South Bend, Indiana, and -shall fulfill all the conditions and stipulations therein aontained., according to the ',nuo intent and meaning- thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construct iob hnnd and the sureties on the saw 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 raspons ble for the faithful compliance with all other conditions, stipulations, and rwquGr*m*dtsr Set out in the contract. Witness our his and seals this 21st. day of June 1919. BRUNO DE PAVE UNITED STARES FIDBLTIY & GUARANTY CO. BY L. E. BARTER, Atty. in fact. The above bond-apprsved this 24th. , day of June 1919 G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DERAVEN Board of Public Works. Tue$da7 June 24th.,19191 Continued. tom._ - The Following claims were approved by the Board, The Tuttlb'C�orpOratfon..........•...........:.# 1.00 A. Be Dick Co. f • • • ♦ . r • • •i • • • • • • • . • .. •" • . • • • • • • �. ©0 Welsbach Street Lighting Co. of America....... 78.08 G. S. Mayor ,& Son.....•....-..r..,i............ 10.90 ..Electric Service Co .............. ......•...:.. 5.70 T• J. Grem$a Prtg. Co..... .................... 24.00 Central Electric Co ....................... • ....23.10 engineering Dept........•....•.•..••000000.0•456.04 Peterson Prtg. Co... 2.10 John I. Shafer Co.. ..,.......«.i......•.....526.92 Jacitbson-Peterson-Pelts & Kaufer.............. 9.00 Motor Castings C® 18.00 .. South Bend Supply Company.....:. , . , .: • f .......... 2.05 WM• Shafer•••••••••...i•••••.•.•••••••.••••i.i44r10 Goo. J. Refli'mn Co. •......•...•...•.•••.•..••... 1.40 Avenue Shoving Shop•.....,.........•.••.•...:... 7.50 C. H. De Frees95 Jf C• Lauber & Coi.....•.•.i.••..•...000000..0015064 ' - o Total. $19364.42