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HomeMy WebLinkAbout10/19/1920 Board of Public Works MinutesTue da October 1 th t Board met in regular seas ion at 10i 00 A.M. All members present. Complaint received about defective aidewalk on'Outh Michigan Street in fr ont of Draft's ' Ten Cent Stare. Same read and placed on file* street Commissioner instructed to put alley- between Michigan Street _ and -Ma In Street . along Auditorium Theatre Building in good c and it ion. Chas. Septh appeared before the'Board and complained about water tap on St. Louis Blvd, this matter referred to the Eng ine.er ing Department "for Invest igat ion. Clerk instructed to send letter r to.the few Yerk Central Ry. Coo. about rdifec.tive cro-3s ing at their right of way .and Lafayette Street.. The following bonds and contracts were approved iy the Board. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this lgth. day, of October 1920 by and between Bruno De .Peape of the County of St. Joseph and State of . Indiana (herolsafter referred to as the " Contraoter"), and the pity of South .Bend, in the Counter of St. Joseph, and State of Indiana, by and through itd `Board of -Public Works,(hereinafter referred to ae the " City" ), under and by virtue of an Act of the General Assembly of the Sft*&-.-nf Indiana, entitled " An :Act G.oncerning Municipal Corporations, " approved March and all amendatory and .supplemental acts therete: Witnesseth, that the contract covenants and agrees to construct, sewer on gill Street, from Corby Street to Howard Street, in the City of South Bend, ,Indiana at and for the following prices:= 314 1 iA-, , of 6" .pipe sewer, per. 1 in ft.... , ...... $1.50 J. 370 lin. ft. of 12" pipe sewer, per lin ft.......... 4.50 -10 lu. ft . of manholes, l per lie ft.......... , .`.....15. 0 1 manhole curb and cover, each. ........`... 30.00 and to perform all work in th prosecution of said. improvement under and according to the terms aud. sex ditions of I n rov ^ . p ement I2iescil�rtion No..__.__. g,39_:___ __., i�c�opted by the -Board of Public Works.... ..:.,3.11920. and the, plans, profile and specifications on file in the office of the Department of Public Works,, w +Gh said resolution, plans,, profile and specifications are'made a part; heredf; as fully and effectually as ff 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 and care will be exercised; that he --r'11 p op _,- a~d p• o`^rt' all excavations ,and daftgerous places, and will use all due and proper,preca*ition to prevent,infu-y v) .ry person or pro^arty; that lni the event of, any injury or damage -resulting from the vv�r': or resulting from a y rr;;tter'or thin€ e nreetPd-therewi'h or arising therefrom, to anypersan or.nroperty, he �- 11 pay am liq-uidate the same at -is own expense, and as. sume the liability therefor; -and in the event of any claim or' claims being made or any action or actlons'bting ' : brought against the city by reason or: on account of or growing out of '-,,.id work or, its construction, th.e said contractor will at hisown expense defend the same, andwill 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 T within ten days -after any such agtion is begun, the city shall notify the contractor of the pendency thereof, tti"'aay jutlparA.eat rendered against the city shall be conclusive against the contractor and against the surety 00,Ws abnALructicia band, as to tb- amotmt, liability and other matters pertaining thereto. u And the contractor.aarees to maintain saia_.,. _ .<<..L si." r1z , k: the period and: n the manner as fixed by the snPciAca.tions, and to see -re Lue r iaiaictaaace 4.-A repair n ; to file with' -the Board.of Public Works a bond with sufficient surety thereon and in an amount as hied 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 prolo- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the cost- struction work. And it is further agreed by and between said parti; s tl�at the acceptance of the work provided for'{n this Contract, or the payment thereof, shall not constitute a waiver an the part of the city of any of the proy'is- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform= ante thereof; nor shall the acceptance be prima facie evidence of the'performance of any provision o€ 4his contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for ali.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 the contractor or h;Q 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 material men for amounts flue them for Work done or materials used or furnished to be used in the performance of this contract and the doing of said work, and the .county treasurer;, acting as city treasurer, may retain money col wted from- property owners assessed for emit improvement to pay such debts or until the -contractor dhows that they have beer paid or oatia6eel 's - Tuesday Oatvber 19th: 1920. Contiintasd_ agrees to remw 2 all .rutaish, earth, and unused material in the stre,:ts or sides Wkw..4,,, upon the cot4Ufjon of the. improve2ment or the r+-�pair-ing thereof. The.work of making such improvement shall be completed according to the tetms of "this contract on m before the -----•- -------- ------ day: • , .. , 19,........, unless the time for the, corripie+°ien of the sar shall be . ex+ended ......................... wr t. ----g by i hetoard ofPublic Worlrs, And it is agreed that any such extension of "time, or any alteration of this contract or of the manner or rneth- od of doing such work shallin no way afffIct the duties, obligations or'liabilities of th contrac1 r or his pure• ties. It is agxeed=that the contractor 'shall not assign this contract% or sub -let the work or at4 part thereof 4o be done hereunder, withoa°t the �, . it'.en .co; .;: t of the, Board of P ')1i6 Works. It is further agreed an-4 stioulta d t>,.t ' y contractor shall pi ie to residents of said cit.. n id eo preference in the employ r�-nt of all, laT00r � aces"nary in the performance of this contract, and f4ing to ifi f, .. shall forfeit to the city th, s am of .t n Jolla s -for each i ilure to" observe' this stipulatibn. And upon the per orxnanc-� of all the terms, and conditions of this contracts and: things to be d^ r. - ! performed by said con"ractor 'the said 'city agrees to cat' se the cost of doing such wo k" to lie ass s , .d, jected and paid to said contractor'ii the manner fixeel by the statute governing "the ma�sing of such imp c s nle.xts. 1 To each of the conditions and stipulations of this retract, including all iitd singular the provisions ;r i tAF.vis of the. plans, profile, specifications and resoiutio.ri; afdresa.id, the u�ersigued binds himself or and tl=^e respective succcssor or asa>�,+s of such parties. ° . In 700t 1mony Wh*r*of. We the f®regof*g Semed part Us berOUMV Bat. Our hand*: 'this 19th. day 6f 'Oet6ber< 1920. BRUNO DVAEPE . CITY 4F SOUr BMA1 INDIANA. G®xtrac ®r. B: ROSTIEER JO F. ]AUVEN It Board of Public Worics. .. - W A the Cbunt -9t Q£ --- . Gdvaat . � JOBasPh �� Sad 1oSa � as - -- ► - - - .._, �� . f _ --. princi- Rai and �;>- :w... _ . ` tl `tfe Cotztf fry o -- :,_ •"tic ._ as'suretiis= are herd agd'frrml*,bnnnd to the 4 gf San -kerid, "tlt& 1,in ttim'of--__-- • 0 Thoi s*atd Oti aat►ad f i f+ t for the •pay-uis ,offic% vae1 l[r be rs ( 1rJ8; �� a e¢esa}t line ourselves,,:outr. harijr executors; adtninstrmtors' and a pr ` The cordftiol bf" die abler arcs f?r}av if ire W� - - shall faithful ly com}�!y with tine foregoing eo,zt.:kct, made and,t-ntered into the _.__tta.- da of 1 yy O� 6.e.r...19.20 � ! with the City of South Bard indtan. and shall fulnil a1P,th conditions and stipulations therein a®>taincd ac`eording to the -true intent �.rccl me using thc- o_f; in all ri-spcAs, then this obligation to be void, otherwise to be'and ,.remain in Rill force and virtu ,rn law. In the eve.,- the said City shall extend ;the time for tllP completion of said vork= such extension shall not in any way release the sureties on this bond, This shall be s construction Mond, and the ' sur'etres 'on the" safne shall not be field responsible for the maintenance and i epa r of the improvement after It has iieen accepted by the second party, but such sureties. shall .be held aes nsible: for the fait''f 1 ul compliance with, all other conditions, onditions, stipulations and regttsra,mehte -:, covered. by or ref out in the contraEt. - . r U,SS� our, hands a aid 0044 thil _ :==.a QC,ia3tt7iar 192Q., . ,x X9;....,:: ............. IIn i --=---_--__ as �� iy� C��. � The oh bond aspproved'_thl '.Aft ,....,.:day Pl- .........., . :Qtbat 192p .....a,.,:.,.:,,Lh ......... H F. ROSTI: LR ... JO$N F DECAYQ,'.."..': Board Of PU"Ht Wor1w. 161 Tuesday Oct Ober 19th• .I920. Coast inued..t�_ PUBLIC IMPROVEMENT CONTRACT. This, AgreSment, Made and entered into this _13th• day of October 1920. by and between Staples & Ackerman of the County of St., Joseph and State of Indiana, (hereinafter referred to- as the " , C ontract or*),, 'and the City of South.. Bead, In the Rounty of St. Joseph, and .State oP &d-:Ca-Aa, by and through its Board QP Public Works, (herein- after referred to as the " City" ), ,under and by virtue of an Act of the General -Assembly of the State of Ind iana-, entitled :" An Act Concerning Municipal Corporat ions $ , " approved March 41905 and all amendatory and supplemental acts thereto: ` Witnesseth, that the .oentractor Covenants aid' to construct pipe Bawer on lrv'ngton Avenue Pram- Michigan Street to mellows Street, under Improvement Res olut ion No 838. at and for the follow ng 'pr ices: 1435 lin. ft.. of 12 inch pipe sewer, per tin ft• • • r •$3.20' 696 l in. ft. of Douse c onnec t ions .per 1-in ft.. 0 . • • 1. 50 314 lino ft. of 81n,ch house connections per tin ft.... 1.00 571in. ft. manholes per tin ft.... ••••••. •.•••••.•.•••..,1-2.00 14 st,orm water grates, each•.••••••••.•.•..••••••.•♦••••,..15.00 25 00 5 manholes curbs ie€I eairers, eac'h.......................... . an(t to perform all. work in the prosecution of said improvement under and according to the terms aed e7Gnra- ditions of Improvem.ent Resolution No.._:.__..88._.____., adopted by the Board of Public Works..A?1!0.1920• and the plans, profile and specifications on file in. the office of the Department 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. ` "he contractor further expressly covenants and agrees that in the prosecution of -said •work all proper - skill and care -;!I be exercise3; th_. he 'a r-on_.'� u-d F-o`�:- all encavations ar.d dangerous places, and .rill use all due and proper` -precaution to pre.rert intitry >� nv person or pry^ rty ; *ha in *he ev^nt any injury or damage. resulting from the w-Dr'_ or resultij g from a.j r^�tter or thing.conrectPd there.1vi"h or arrsing therefrom, ta.any person or property, he ; �11-nay arri lic, idate the same at his own expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any action or actions bvirg brought against the city by reason or on account of or growing out of s�.;d work or its construction., thu sa=d Contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all. respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, ; expense, payrr--ent,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 tiae pendency ther- of, thin any judgment re.udered against the city shall be conclusive against the contractor and against the surety an We aanatruction baud, as to th- amotiitt, lia:bili- y and other maxters pertaining thereta. ?.rid fhe contractor agrees io rnanitain salU , the period and -in the manner as fixed by the specifications, and to secure ..ie mwznt aai�e a. u r. p:_r to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed b J specifications. And in doing such repair work the contractor and the surety on his guarantee bor_d shall u. subject to the same liability to the city and any other person for any injury or damage to any pert a or. prof erty in the same manner and to the same extent as is fixed in the last preceding paragraptl' covering- the con- struction work. And it is -further agreed by and between said part3;s tUat 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 Wills of this contract, nor shall. it release said coL:.tya� fter or the sureties on his bond for the faithful perform ante thereof ; . nor shall the acceptance. be prima facie evidence of the performance or any provision of ,phis ,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 the contractor or 1.;- 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 material `men for amounts due them for work done or- materials used or furnished to be used in the performance of this contract .arid the doing of - said worK, and the county treasurer, acting as city treasurer, _may retain 3noney co§eeted from property owners assessed for said improvement to pay such debts or until the contractor shows that they have beer paid or satisfied* - _ C11) iemu- - ^11 rut' sa, earth, and uiv.ised wat(n-' al in the struts or :3X�wi upon the completion of the impro»eme:zt or the repairing thereof. The work of making such improvement shall be completed according to floe terius of this contract on v,: beforethe----------------------------------------------------------------------------day of------------------------------- --............................ ............ 19.......... unless the time for the completion of the same shall be extended in writi:-g by the Board of Pvb.lic Worl-s;, And it is agreed that any such exten!zion of time, or any altera`ion of this contract or of the manner or mPth- 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 writ -`en cons:-nt of the Board of P .blic Works. It is further agreed and stipulated that t'::e contractor shall give to residents of said -cit and cou ,`-y preference in the employment of all labor necessary in the performance of this contract, and fading to dz f }, 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 ai,J performed by said contractor the said city agrees to cause the cost of doing such workk to be assessed, col i lected and paid to said contractor in the manner fixed by the statute governing the making of such improve ­ nests. To each of the Conditions and stipulations of this contract, including all and singular the provisipns a.^ torms of the plans, profile, specifications and resolution aforesaid, tb.e urtdersign.ed. bit& biro. elf or and t1l r",pective successor or asci ors of sivcb lit Testimony Whereof, We, the foregoing clamed parties, hereunto set our hands this 13th. day cf October 1920 'CITY OP SOUTH BEND* IND IANA STAPLES & ACI�ERMAN BY S. U. ACKERMAN BY U...A. ELLIOTT Contractor, ]IN,.ROSTISER/Its ward of Public forks., , h . DERAi 1-6-2 muandar 001©bar 19ti ..1920. COut Inu i . m svA - 0i s > m. That Stoples . Aakersriwx ............. Y%,�t�NpF4-AFT•^""-..._....:::.�� = of the County 0 . 0.'04-&l! _ .T Am�r_.yGx iS`.�"+4_-=aP�.=. S ��Ya ,i G w4 Ga EcSzc __ - -_... _.3..: .__4AA R it luntleit its hold mid AWY, bound to the Zt IA.86"th Deed, fn4iaflk, in t1.b NOR 6 t y ............... eea 1' Qu d ?...... c ld i=_PiA30�1 €i 4630 Oo.lexi Wolf end tfuly. �e dp►wt. jat ti �e� ll fI @f4fVCk% F 8111? b tm $r �nt�d f t i )W� [ rda 'Art tt.��Ct �'�_�.� tf �I7P "Nwd hiitbod ,.__; =:-t---- _x. ___--.- _ . - 8i M6'PV i9 -ar--At kr� A ---- -- _ly Ay i _ tgu�i�g $rail faithfu� cor. vaiLn oT. co .CC made and entered into the ................3Rrh.-- -=- -- _ day of -------------- i�.`tiGlbb�:--- 1_920� r -------------------- 19:---- with the City of 5©uth er_`, Indiana and shall 'fulfil] al ,th< Bond *ions and st�pula ions therein con: ainett according to the true `intent �.r_d1 meaa.�:g, th -cof, in ail r.P.,,, ;ts then this, :obligation to be void, otherwise to be and remain in f-.z11 force and virtu.,; in raw. ' In the eve, she said City shall. extend 'the time for the Cotnptetion of- said- work, such extension shall not in anyway release the- sureties on this bond. This shall be a' construction uond, and the; sureties onr the same shall not be held responsible for the maintenance and repair of the improvement after it has:been accepted by the second party, :but suchsureties Amall-be he4de tesponsible for the. fait'Ott i complrance with all other conditions, stipulations and requirements gpyQrp.4 �y of pet.,Qut .jq #he, contriuCta ... /� y I� •- u , . • .., , . a , r Oet©ber 20• / ti` o a s s s.... nth ` Amerr fosn� ure��4V; �tqa thJq w fl"rk";,....,._.day 9 w , 19_� _ . Y mP y ` �; (SEAL} .. ^ sip r8 $r--Aek f (SEAL) :, ::y_. •�/... Aakerma f' - 'y' a.., .abo+�e bond a ro' e is____ _.Y_ .��, �'it •..,... ' � 192 - G,t A. RMIO'�T tact bar . 0. 'E •AEA' ---- - JOEN F.` Board 'A Whrks: - 163 - - PUBLIC IMPROVEMENT CONTRAM, This Agreement, Made and entered into this 1� th day of October 1920. by and between H. L. Davis & Son of the County of St. Joseph* and State of Indiana (hereinafter referred to as the " 0 ontraa Iotcr"yo •azfd the City of ,South Bend, in the County of St. .Josoph9 and State of In37fihs;-by and Vhrougi3` its Boaid .,of Pubiic� Works# (hereixafter referred to as the " City*), under -and by virtue, of an Ae,t of the, General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporat ione", approved March 6,1905, and all amendatory and supplemental: acts thereto: Witnesaeth, that to contractor coven at* and agrees to construct Grad®, Curband walk on Rase Street and Kessler Blvd. from Portage Avenue to Beale, Street, in the City of South Bend, _ Ind iana, at and for the following pr ices 2055 11n. ft . of curbing ' 6X7X16 per lin ft................ r 5. 4,216 cu. yds. of kzrad ing par cu. yd...... . .............. ... 1000 114,525 sq. ft, of cement walk per sq. ft.............. t. _.... .195 to perform all.work in the prosecution o; said improvement under and aecortling to the terms avl tea= dlitions' of Improvement kiesolltti.on lvo.`.. ....e-7------- adopted by the Board of Public Works..A�aw�., �t,,,1920, And the plans, profile ar�d specifica+ ons on file in the office of the Department of Public Workd, which. 81 t'esolution, plans;; profile and specifications are made a part hereof as fully and effectually 9A it copied and set out herein' of -full length. The contractor further expressly covenants and agrees thnt in the prosecution of said work all, proper skull ar.d care i't be exercis d;'th he =`t all:excava+ions and dangerouslaees,• and'tvM use all due and p-ooer preca=ltioa to or•t f�:_ t i n0i -v t^ _rrrcv person or F, arty • that i-1 *he e ent any injury or damage resulting frQrn tl,-� v or re ,?l'srg from ?-y 7^ .tr�r or thinnrer¢Pd �Vterewitfi or, arising therefrom, to any pers-m or property, he t­;ll ray Prd lie.-idate the ss:Yre at iris oivn expanse, and as- swine the liability therefor; and in the event of any clam or claims being made or any action or actions bz,.va brought against the city by reason or on account of or growing out of s-'d wor" rr its conetrtrction, t ,> sal 1 - eontractor.will at his own expense defend the same, and -;vilI pay any judgment recovered therein, and wi" in sail respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, ttacpense, payment or judgment recovered in connection with such claim..or claims, action or actions. A .�d f *ithi'n ten days after any such action is begun, the city shall notify the contractor of tin" pendency ther ^f, f the any.judgmeat rendered against the city shall be conclusive against the contractor and against the surety an We caaametino bond. as to tip = cmount, lia.bili* and other matters pertaining thtret6. ,t r ;*4 R4 i4 r , --§ fh t 1VT The r��a:_ i cap=, ,, ate„ tIk o,sti c i e t��e u� *t><e py4 rr �� * '1' ' a , spa 6-ent sty thtland 1> 4 wa m b�ht *A tixt4 ibv t�, ` #i * MA f4M..r -VTfork thf Contractor and flat NIX"ty on hip Amsmayattibba Q 1 hE ) fry to try sty, a0A any other pets= ?'ar an ; p or dam to mAy peril; ;,,i bf pf p- s #* fnrw gf Ai to sly —fame extent as is fixedl, in the last prtceding paragraph &�thnq Ahe tbh- F�Fif�t9Fl A-44 it jo f 4ffhgf ILKT- d by sn4 bcfween said parts; s .t1lat the 3rcceptanee of the wotk provrdtd fiat ih ih6 F04Tg4j. Pr th@ v4yf get thRrgpf, Aball trot constitute a waiver on the part of the city of any pf the previ�= 1of.§ 9f M1✓3 g®i'lt 4'etmf §hall it r4le'a0re said coutra<;tor or the sureties on his bond for the iafthful p0_R,6fTUF og @ thgropf 1 R@r §N411 the ace-eptance be prima. facie evidence of the`perfortt►gnce if anjl -pros tltl lit Wig '98144kgt� @*Rpt to th@ @Xtant of entitlifig the contractor to the contract price therefor, . f Thp @par -Anon li f@@@ to pay for all labor and materials .used or furnished to be used In the/ fflakilgi of - 1149 PFOVOMPM @ -M the performance of this contract, whether done.pr furbished for kith; or his dgetit, t1 @@; llll@p@§107 or .wbcontrwor and the city may reserve out of any allowance mr#dd on trey estittitttil Iivor off @ contractor or MR coigns, or out of the, amount due him or his issigns upotl the completim IN t�@ work, @® vntwh sal ma), jeeasa.ry to pay all laborers -or snaterist men for stwouttts ;due them kv 9f_k i�00 9f &ttrisl8 wed 3r furnished to be used in the perforniance of t�i>f cdnirs a isnd;ttte dt�t-toi! h14 W Ni RIM th@ -fl 4aty treasurer, acting as' city treasurer; rna retain tn.ortey cofti�td l' hath �ifbpefty ow VT 9940, 94 tV ale arQV=tftt to pay sued debts or =dl the r ra thoty# tmt miry ors Wit* and uTP".S d ritaw ial 11i the stm,C is or i i4<- i .v� • �,. t+QL the comple.1in' '` the iconic -rmzt or the repairing thereof. The work of making such improvement shall be completed. according to Ce tents s of t k; co-at.v .et Oil before the -------------_ - ------ ------------------ l9-t] ..---._.------_----day of .......... ........... snb ur ry �.9�Qs 1.9......... „ unless the time for the completion of the same shall be extended in w:„'ti-gig by the Board of Public Wortcs; And it is agreed that any suc4 eaten -ion of tir-i-, or any altera `ion of this contract or of the manner or mii th- 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,withot„t the written cons..nt of the Board of P hlic Works. It., is further agreed and stipula`ed th, t contractor shall e-i ,re to residents of said cite, and eourst:y preference in the employfn%,nt of all labor flee-2ssary in the. performance of this contract, and failing• to do so, shall forfeit to the city the sum of ten ddllars for each failure to observe this stipulation: And upon the perfornia.n.ce of all the terms and conditions ,of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, co1- lected and paid to said contractor in the manner fixed by the statute governing the making of such impz-ove• Iments. To each. of the coi dit!onc and stipulations of thi€ contract, including all and singular the proeisipns anO.. terms of the, plans, profile, specifications and resolution aforesaid, tor;; ui lernigr,.ed binds himself or its:J-`. and tl-e respective successor or as+;i :s of such Darties. In. Testimony Whereof, We, the foregoing named parties,`' hereunte net our Made this 19th. day. of Oct. 1920. ; CITY OF SOUTH BEND, INDIANAt H. L. DAVIS & SON G. A. ELLIOTT Contraotor.. H.P. ROSTISER JOHN 7. DEHAVB ` Its Board of Public Works. f 64, Tuesday October 19th.,1920. Coat ituedy , r, CONSTRUCTION BOND # 'ghat v�.,r.�H-s- g +��9a Vied Ke Keller and Lesitcomb � i,ie Cis Wh-- --- ............... •Mj._LC2ICS '_.__ .3 L_raL'- �i;+sx+r.w mr..l-P`lti•+• . �Sw a..._ a •__ .. +.. -- - -•-'M..._ 5$�dp ..��... Mate p.. _ . . _mod qf1 hold �t1d r^ 1j 6uid i9 � � ��t� �� 5�u1}h ��nd, Indiana, xr► the surri of ---- ee _t Qns,_. _i :_- rod : 'c� r ,tabur__ - - - - -y -6t44 Od• '• sJt +iintl and ev+�r ll bind cursor s our teirs, �r .t pay�ttsit,�� �d 1t1 -be mad •► j Y , ec�ztors; ac�n� tns nqw. a�td, tttly by - t e `s. . ?'3i� (nv r� ,tf ,. i ll n� # 8 57 ^ ;}2.'"i+ t + t ?td t;n-•r t,aTne !_._. -- -- shall faithfully ccrnply with the too eoing cu:. ,. �jitade a`$ d nlere4 tnta the - h ._ tiE ,1 24w ----, ` Say of l9 �v�th tl�e .fit �1 .��li' B rdi' lndiapa axaa d iii ill alf ti��* condl*ions art stipu�a 1ox,s therein .contained., Y: according°'to the true''intent'and r=iea�nug":tb!retrf,•ini .11;rPs�,P t� 'theri ibis t�btiatro�n to be volt; t kiierwisP q at�tl Tema n in fall force anct virtue ill law. iti th0.1eve . +.he fiaic City shalt extend the tuna for'the 't:S1 work, such ectension 51�i1 not in a �vay {e3e2$e1i,ttette's cln this bond. f• P• e P• e•• F 1a Ni to be a construction Lond, and the sure `-yes ont't a wine ihall fiot 'fie •held responsible fdr the t�1-rttenanee-md �air'4, he:imp:-o ernert•a- ter it his.bee�i;aitcepfedhy,the:iecond party, tut guch sureties, #�a,�e hed,rsi ;le.�t'' :u� conplt�.nce vv}£ii ail other con$itions; �rtij,uiat#ons null require'inents Wv.ere4,ly or set out in 1he contract.' d `l`h! S our bands and seals this,.:.....,. , €lay 19_�,....-. 1 h.: ,,., F reB Keller ller H. L. Dav is .. & S8�!.._...._......... Ie 9 iitc. .. •----- ... (SRAM.,) �(sE�� Les , �� f The above bond.approved this, ---------- __-19th,..__-----d-'✓ ,f.-_ 60ts 1920.. (SEAL) 4.__<:A4--- .Pau, It3iTT_.� P. ROSTISE .-- DE"VSN- Boird of P„10ic Works. AFFIDAVITS FOR PERSONAL SUMTIES. _ Stater' of Indiana � SS St. Joseph County I, Prod X. Keller, Swear that I own real estate in St. Joseph County State of Indiana, cf which_ I am possessed 'in Fee simple of the value of Ton Thousand Dollars . ever: and above my . indebtedness and -the exemption allowed me by law , as I believe so-, help me God. Fred W. Keller Subscribed and sworn to before me, the undersigned _Notary Public this 7th. day,of October.1920. My Commission expires July .10,1923. Claudine Briekell Snake, Notary Public State of Indiana } St. Joseph County } SS I , L. C. Whitcomb ; swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in- fee s iffiple of the value Ot ' Ten Thousand Dollars over and above my Webtediess and the exemption allowed me by law, as I believe,_ so help -"me God. LESLIE C. WHITCOMB Subscribed and sworn to before: me, the undera ivied, Notary Public this- 7th. day of .October 1920. Witness my hand and off ical Seal. My Commission expires July 10,1923. Clasiddne Brickell Snoke. Tuesday October 19th. ,1920. C oxt 3rtued. . The' foll©w ing' res olut ion adopted. LOCAL SEWER IMPROVEMENT RES GLUT ION NO . , 849: Res olved by, the Board _ of Public Wort/ of : the. City of South Bend, County of qt. Josepho State of Ind ianaa, That- the aonstruetion,;®f a ,loca.l a gwer,. intended. and .adapted Only for lees 1 use by the pr cperty holders whse property abuts thereon, and not . v Intended or ads ed . f o' r ` roc a-1v " ' . pt 3Ag sewerage fram collateral. dt'a mass, be and the:. came is hereby ordered in and a banal Washington Avenue from Sunnys id* Avenue .. t o .Jacob Street as follows, to -wit.. - get aiming at the intersect ion ' of the center 1 ins of Suinys ids Avenue and Was hIngtca Avenue; thence east along the center iihe"of Wa8hingt4h' Avenue to a ptoint 25 feet west of the west lin of Jacob Street with a 12 inch vitrified pipe 'sewers together with the necessary manholes , si orm water, Inlets,"Le onduits, and house connections to the ' d urb line a long. the ilia Of said imp' 0]emen t, all as is more pirt ioulorly shows and all in accordanceaccordanceL With the plans, prof igee sdets it drawings and spec if icaat.ions on f ile In the :Office of the Board of Public Works of the City of South Bend, Ind Tana. J. ,.fjd'said server, with all its apuurter a :> shall be coxlstiuc cdo in accord-Arca witti tine vrot!w and sii"ItW°1110- ..ow on file in the office of thR Dep•,.tme:_t of Prbllic Wor_,.s of id. C: ty. The Cost of Ps,id si'ivi. — be apportioned sgairst and pazd liy the nronerty bolder- wn c prone:.,. rats the con, and upu'a the Cit=, 01 gouth Bend if the City is benefited b said .mr-ovement. all 3e:;ora n� t t' s fret' e t .°*td -n la;ow3ele,l toy in Act of the Geuera.l Assembiv of the St.=te of L'adiana enti,�ei3' zTt .a c rnb�_n'..: I3ti t :pzl Crport:tiorra," approved march 6. 1905. As ess- -eats. if deferred. are }o be paid '.n ter egirll aruaal 'Wo.11MOUts, with th- terest at the rate of Six per cent per annum. A°'sond or bonds shall l e issved,to the contractor in payms,t ru, such work, unless the p; oieerty cam- ; r said a Qes•::_ents before said bo d or bonds are ;esit©d. Ufld®r fat? , cireumstanaes shall the City of Sou`<.h Lend be or b e--,d responsible for any sum or sums due hom said Pro— arty owner or owners for sa'd work, or for the collection of same. or to* the payment of an1f.bnrd or 'bondw, certificate or certifeates, issi:ed to snid,cantrac`or in, m,vmert fr- such work. except for such moneys aye shall have been actually received by the City, t-nrn the asses 1!,ents for such irrp nvement, or such moneys as 006 City is by said above entitled Act reouire..i. to pay. All nroceedin;s had, and work dpne in the making of. z06 Improvement, assessment of nronerty, collections of ass=ssr. eats and issuance of bonds therefor, shall be as provided for in said above entitled Act. ' gqtice of this resolu lays all be 1�u fished on the ---- .--_day of.......AQ�% 2be.L�....1 2O..Q:nd ott tit -day of ---- `t,yTi Q Cl*--_J,_ (�3----------, i the South Bend Daily Tribune. This oertl will Ova r_ 3 l-©•th•--afaWb�a ...1920 oarin on this resolution at its ou:ee in the City Hall on the___._ day of ............. lb-24) at 7:15 P. Ai Ad.optnd this .....,,..19trh------d's _ oL.................. BOARD OF PUBLIC WORKS. • A. ELLIOTT H. F.- ROSTISER Attested:- JOHN F. DEHAVEN Veronica C. Sweeney, Clerk of B-oard . The f The following c ommunicat ion received read and referred to, the City Engineer. October 16* 1920, To the Honorable Board of Public Works, of the City of South Bend, Ind. 4entleme3k: - Att. Mr. 4. A. Elliott Confirming the wr iter's c onversat Iran -With Mr . G. A. Elliott, Presides of your Board,, we des ire t o pr otes t the lay Ing of s idewa lk and curb on S outh Ma in Street between Ewing Avenue and Jay Street, as in our opinion we feel that the fill Which was made some sixty or ninety days ago has not had time to settle suff is iently to form a f irm foundat ion. The writer has .taken this Matter, .up with Mr. Harry N. Barnes, the contractor who is doing the work, adn we have requested him to delay the -laying of the sidewalk on our side of the' street until next Spring or until such time as we can get some heavy soaking rains to settle the 1o0sedirt in the fill which was made. Very respectfully yours, u. W. ODELL President. INTERNATIONAL INDIA RUBBER COMPANY