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HomeMy WebLinkAbout08/11/1920 Board of Public Works MinutesBoard met in regular sess ion at 7: 15 P.rl. All members present. Representat ives of the Redpath Ch€a,utauga No, appeared bef ore the Board And requested permission to hang penants for advertising the Redpath Chautaugua ing this City along the different business streets. No p-3rmiss ion granted. Hearing had ; on Improvement Resolution No. 819 for the pavement on Indiana Avenue from Prairie Avenue to East line of Webster Street, in_the City of South Bend, Indiana. ,Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises', decides that the benefits, to property liable to be assessed for said improvements are equal to the estimatedcost of the same, as re --forted by the City Civil Engineer, and t hereupon takes final action on said resolution as originally adopted, and the same is hereby in all things, ratified, c onf irseld I and approved. Resolved further, that notices be published on the 12th. day of August 1920 and on the 19th. day of August 1920 in the South Bar Daily Tribune a newspaper of General circulation in said City, stat ng th-It this Po,?rd.,:will receive bids ror the construction of said improvement up to 10:00 A.M. on the 27th. day of August 1920 The Roard reserves the right to reject any and all bids. ' Hearing hadon Improvement Des slut ion No. 816 for the Pavement of Garst Street from Michigan Street to West line of South Bend City Addition, under Improvement Resolution No. 816. In the City of South Bend, Indiana. In the above matter no wrArtten remonstra,noe was f iled, and no rem6nstr�tors appeared. And the Board being fully advised in the premises, decides. that the benefits to property liable to be assessed for said improvements, are equal to the estimated cost of the same, as reportedby the City C iv it Engineer, and thereupon takes f indl action on said resolution as originally adopted, and the same is hereby in all things, ratified, confirmed and approved. Resolved further, that notices be published on the 12th. day of August 1920 and on the lgth. day of August 1920..in the South Bend Daily Tribune, a newspaper of General circulation in said City, stating that this Board will receive bids for the eoXistruction of said improvements up to 10:00 A.M. on the 27th. day of August 1920. The Board reserves the right to reject any and all bids. Mr. Arthur High appeared before the Board and requested that the ;eater connection ordered in on his lot No. 12 in Barmas Sub. Div. on Francis Street be eliminated. Same ordered eliminated by the Board. Nearing had on assessment roll cimcl final estimate for pipe sewer on Wakews Aver.ue from Iroquois Street to Lafayette Street, under Improvement Reslut-ion No. 755. In the Cite of South Bend, Indiana. In the above matter no remonstrators appeared but a. written remonstrance was filed by A. J. Hammond. In the above matter the Board after due consideration decided to defer all action until Wednesday August 18th. ,1920 at 7: 15 P.M. The follovairg communication received from. A. J. Hammond read and placed on file. Hon. Board of Public Works. South Bend, Ind. gentlemen: - 707 Michigan Ave. Evanston, Ill., August ll,1G20. I have your card of 7,127/20 a.dv:is•ing me of a sewer assessment for pipe sewer on Wa,kewa, Avenue from Iroquois St. to Lafayette St. in the amount of $1203.665 Upon investigating I find this assessment is spread over three lots; lot 173 0399.78; Lot 187- $406.11; lot 188- $397.76. As these amounts seemed excessive to me for &,loca.l pipe sewer I.have looked up the work done and find that in addition to providing for the house and street Ira.inage of W kewa Xve. that &.sewer was extended some 145 feet to Marquette Ave. and manholes, street drains, and storm water inlets constructed thereon but no ass_essmen.t has been made against the lots along Marquette Avenue for this portion of the improvemant. The lots along Marquette have a san.ittry sewer in the rear which takes cure of house drainage.' But =no providision had been made un-.Gil the construction of this Wakewa sewer to care for the street drainage which is gust as necessary as the house drainage. It seems therefore -just and equitable that you revise the assessment roll to the extent "of placing against property on. Marquette Ave. its proper quota of the crest. And I suggest that this should include the extnsion of the 10" sewer, 1451 at $5.75 or $833.75, also ip)prox. 147 ft. 8" drain at $1.00 or 0147.00, 1 manhole at at $135.00 one cover at $25,000 and 4 inlets at $SO.00 pr a total of $1200.759 this amount of course is in the rough and your Engineering Department can easily determine the exact and correct distribution. You will recognize that the cost of this pipe sewer is, at best extraordinary even in this day of high prices, but I am not commenting on this*especial ly as you have no doubt awarded the contract to the lowest and best bidder, but upon further consideration I believe you will agree with me that the 'rough facts are as I have given them and that a reduction should be made in the assessment of the lots on the north side of Wakewa Avenue an the cost of street or roadway drainage be nade against the lots on Marquette Ave ° As I estimate the amount there should be a reduction of something over- $240.00 on my three lots, 173--187.188 and I wish to enter my protest against the assessment roll in its present form and request that you have the change made before pass ing on the f inal • hear ing. Very truly.yours, A. $. HAMMOND Hearing had on a ssessment roll and final estimate for water connection on Rush Street from Haney Avenue to Broadway,.under Improvement Resolution No. 787. In the City of South Bend, Indiana. Tn the above matter no remonstrators appeared and no written remon- stranea was filed. The Board therefore find that the property assessed in, said roll filed July 27th.,1920 is benefitted in the amount of assessments as shown on said assessment roll and the Board further finds that the assessment roll filed July 27th 1920 and the final estimate allowed July 27th.,1920 should be and the same are hereby in all things, ratified, confirmed and approved, Hearing had on assessment roll and final estimate for water connections can Donald Street from Miami. Street to High Street, under Improvement Resolution No, 786. In the 1.3ity of South Bend, Indiana, In the above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed in said roll filed July 27th.,1920 is benef itted in the amount of assessments as shown and said assessment roll and the Board further find that the ass sssment roll filed July 27th. 1920 and the final estimate allowed July 27th.,1920 should be and the same are hereby in all things, ratified, confirmed and approved. _Rearing had on assessment roll and final estimate for pipe sewer on Jefferson Btzd &troet from Walnut Street to Chestnut Street, under -Improvement. Resolu- t-ion No. 754 . In the City .of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance was filed' The Board therefore find that the property assessed in said roll filed July 21st., 1920 is benefitted in the amount of assessments as shown on said assessment roll and the Beard further find that the assessment roll filed 'July 21st., 1920 and the final estimate allowed July 21st.,1920 should be and the same are, hereby in all things, ratified, confirmed and approved. Wednesday August 1 ontinutd Hearing had on assessment roll and final estimate for pavement on alley Eastof St. Joseph Street from Jefferson Blvd. to Wayne Street, under Improvement. Resolu- t ion No. 761, In the City of South Bend, Indiana. In the above matter no remonstratora appeared and no written remonstrance was filed. The Board 'therefore 'find` °t`ha°t the p`ropeity asessed in said roll filed is benafitted in the amount of assessments as shown on saidassessment roll filed and the final estimate thereon allowed, should be and the same is hereby in all things, ratified, o onf irrAtd and approved. The following communication received read and placed on file, South Bend, Ind. Aug. 11,1920. To the Hon. Board of Public Works, South Bend, Indiana. Gent lemen: - Under the 9th. day of August 1920 the Common Council at their regular session adopted an Ordinance ordering the improvement of Wayne Street from East Line of St. Joseph Street to the East line of Lafayette Blvd. by resurfacing the pavement. Very truly, FRANK S .. B IL INSK I City Clerk. august Resolved by the Board that notices be published on the 12th. day of August 1920 and on the 19th. day of August 1920 in the South Bend Daily Tribune, a newspaper of General Circulation in this City, stating that the Board will receive bids for the construction of the sosurfacing of the Wayne Street Pavement from East line of St. Joseph Street to the East line of Lafayette Blvd. under Improvement Resolution ide No. 795. up s to 10:00 A.M. August 27th.,1920 . The Board reserves the right to reigject any and all bids. , Petition for pavement of Whiteman Court from Wenger Street to Penn. Avenue referred to the Engineer. Board instructions to Engineer , was to examine this Court before any resolution is to be started. Indiana Tel. Company granted) permission to set poles and anchors as requested. Salaries of Charles Johnson and Arthur Anderson Janitors in the City ,Hall, ordered by the Board to be increased as follows:- Charles Johnson increased from $110.00 per month to $135.00 per month and Arthur Andersen increased from $100. to $125.00 per month, same effective from August lst.,1920. Petitioh' rscciyid frofii' Pipe sewer on Irvington Avenue from Michigan Street to Follows Str' e.tt. .Same 're crr.ed t o the City Engineer for resolution. In regard-to,preliminary orders on -Haney Avenue , Lawndalo Avenuo, Donald Street and Miner Street .pavement, same deferred indifinitely by the Board. Tabulations of bids received August 10th. ,1920 submitted to the Board by the -City Engineer. Engineer filed assessment roll and final estimate for Pavement on Haney Avenue from Michigan Street to High Street, under IMprovement Resolution No. 715. In the City of South Bend, Indiana. Resolved that notices as to the assessments be published for six consecdtive days in the South Bend Daily Tribune, commencing on the 16th. day of August 1920 stating that this Board will give a hearing on the amouht of such assessments at its offi3e in the City Hall on the 1st. day of September 1920 at 7:15 P.M. Resolved further, that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Wednesdav August llth..1Q20. Cmntfmi#b l_' Contract for ipe sewer on Stanfield Street awarded to Hoban & Reach at .. ...... 1,927.34 Contract for pipe sewrr on Frederickson Street and Elmert Street awarded to Staples & Ackerman at ............. ......... 69550925 Engineer filed assessment roll and final estimate for water connections an Michigan Street from Ewing Avenue to 4o feet north of Fairview Avenue, under Improvement Resolution No. 782, In the City of South Bend, Indiana. Resolved that notices be published on the 14th. day of August 1920 and on the "?lat. day of August 1920. in the South Bend Daily Tribune, stating that this Board ,will ° g *e a hearing on the amount of such assessment at its office in the City Hall on the lat. day . of September 1920 at 7: 15 P.M. Resolved further that the entire work under the ab ve contract be accept- ed and approved. Engineer filed assessment roll and final estimate for sower connections on Michigan Street from Ewing Avenue to Fairview Avenue, under Improvement Resolution No. 782. In the City of South Bend, Indiana. Resolved, that notices as to the assessments be published $a the 14th, day of August 1920 and on the 21st. day of August 1920 in the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of such Assess- ments at its office in the City Hall on the let. day of September 1920 at 7:15 P.M. Resolved further, that the entire work under the above improvement be accepted and approved and the final estimate thereon allowed. The following bonds and contracts were approved by the Board.. ° PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this l l th. day of August 1920 by and between Whitcomb & Keller of the County of St. Joseph, and State of India]& (hereinafter referred to as the " Contractor"), and the City of South Bend in the County of St. Joseph, and State of Indiana, by and thr ough its Board of Public Works, (hereinafter referred to as the " City"(, under and by virtu* of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to construct pavement on Laundale Avenue from North line of Cushingts Addition to Vassar Avenue, in the City of South Bend, Indiana t and for the following pr ices: - 830 cu. yds. of grading per cu. yd...................... 1.10 15 storm grates, each ................................. 15.00 432.1in. feet of conduit pipe, p r lin ft.......... . ... ° 1.25 6 inlets, reset, each ................................... 4.00 4 manholes, reset, each ................................ 4.00 110 lin. feet of marginal curb, per lin ft.....0.64*40. .50 3200 sq. yds. of Mexican Ashaltic concrete pavement per sq. yd................ 3.85 end ta.perform all work in the prosecution of said improvement under'and* accordiri to the terms and con. dl""" °Af Improvement Resolution No. ........... _... __..... ., adopted b) the'Board of* Public, Works,.__.....,_ .............' and tho plans, profile. and specifications on file in the office of the Department of- Public Works, which ;7J >resolutlen, plans, profile and specifications are made a part hereof as "fully and 'effectually as if copied and eat out herein "at full length, The contractor further expressly covenants and agrees that in the prosecution of said work all proper gkiil and care wiltbe exercised; a 3 p­o`^ct all excavations and dangerous places, And wilt Use Val ate and p7oper precaution to preve.lt inlvr3L M iry person or p-e,srty; that in thA event �f injury or daitta �e rdsulting1ron, the w-)r'- or resultir� from ary matter or thing.r_onnectPd therewith or sing therefrom, to any person or property, he << 11 pay are liquidate the ssme 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 be-ing brought against the city by reason or on account of or'grovving out of s-.id work or its construction, tl:e said 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 office agents or "representatives from all cost, Q cnne, .pa inert ®r Judgment "recovered in connection withsuch claim or claims, action or actions. And I within ten days after any such action -is begun, the city shall notify the ,contractor. of the pendency ther^of, 6011 any itdrgwent renAered against the city shall be concdnsive agssnst the contractor and against the surety ii' tie Coi ntruttion fond, as to 0 amount, liability and other matters pertaining thereto. i9arnr.�sd�v AuLs� t. 11_th-.920. Continued`` And the contractor airrees to maintain said impi o &,c period and in the manner as fixed by the specifications, and to sci re -',,e manit2na:zc:e ar.a repair t: to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fired by $pccificctions. And in,doing Such repair worn the contractor and the surety onhis guarantee bond shall 1. . s-.=Iijcet to the same liability to the city and any other person for any injury or damage to -any per or prod- crty in the same manner and to the same extent " is fixed'in the last preceding paragraph coverisag the co.-.: strtiction work. And it is further agreed by and between said pa; rt�,:�s "that the acceptance:of the work provi(lc,d for i;�c t' co,itra:ct, or the payment thereof, shall not "constitute a'waiver o-i the part of the city of any of Vic pry. ioi,s of this contract, nor shall it release Said contractor or the sureties on his bond for the faithful .pr rfo� a.t.Ace thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of tl:' x.w: 'hart, 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 maJ7irrg o:. such improvemmnt and in the performance of this contract, whether done of, furnished for him, or his ag-erit, assignee, successor or subcontractor; and the city may reserve out of any allowance made on,any est Tr ,te in favor of the contractor or assigns, or out of the amount due him or his assigns upon the complet:io-ii of the work, so much,as ma cessary to pay all laborers or material men for ariounts due them for work done or materials useci or -urnished to be used iil the performance of this contact and the doing of said work, and ,the county treasurer, acting as city treasurer, inay retain money cbll.: �_.ted from proporty owners assessed for said impFovernei-it to pay such debts or until the contractor s`ioays that they have been maid or s^ts fied The contra -.`or gees to remo--2 all ruk'aish. earth, and am.sedmaterial its the attttts ear andua upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed 'according to the terms of ehle eorltraet ott' before the ................... ..................31s.i~ •----•.---.------ daY of ................. .D.G,G.Gx bAr 194Q .. unless the time for the completion of the sar.,P shall be extended in writi.,g by the Bard t►f Pttblii WoXs, And it is agreed that any such extension of time, or any alteration of this caneract or of the tnahaer or ad of doing such work small in no way affect the duties, obligations or liabilities of the eontr�ctor or his auti ;, ties. It is agreed that the contractor shall not assign this contract, or sub -let the workfpr and► part thereof to be done hereunder, withokit the wri:.en co n_ ant of the Board of Pilhlic Works. It is further agreed and stilauiated th.Rt contractor shall - give to residents of said city and couofy priferentle in the employrnt-nt 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 dune and performed by said contractor the said city agrees to cause the cost of doing such wo k to be asse snd, cor lecat�edp and paid to said eontractolrin the manner fixed by the statute governing the making of such mprove- To each of the conditions and stipulations. -of this contract, including all and singular the provisions -rd tc'iM111 of the plans, profile, specificatians and resolution aforesaid, the undersigned binds hinlrelf or star '•ti �0. ttta Vt$pcetive sNt-NaF.or or ; ref s:,,4, , -q. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this llth. day of August 1920. WkITCOMB & KELLER CITY OF SOUTH BEND, INDIANA. BY F. W. KELLER BY G. A. ELLIOTT Pies, H. F. ROSTISER Contractor. JOHN F. DEHAVEN Its Board of Public Works. CONSTRUCTION BONDKnow 1 €11 men by these presents. That we ......... Wh.;1tQ.GM1r1--$e•� K�-��•.............................:n_:�;;;,,,,c�d �eM of file County of ........... S_t_.__,I_1_e-ph-------------------------- State of_ .IYLti�.sr38...,..,......� �aaa.�, e►d j��llte�� pal and ......LE0,11e...C..... o tQ ®mb--- -Fred_-Wt._ Ke 1 l�r.................... �••••••••uu••••••.u.a•a•naannnnnnnnwa.•xpN,q ��aa Q { T and State of - . ®f the Ls®urity Of S. tiLJ Ll.�_Q_ph-------------------- InU intlM ........ .... __________________—_._________ ........u.•wu.... a 4uutltl.nliaN��iiJ;. ;III 1 as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of.............n.;..n„o ,,;,;;,;;.,,;;;,,;;;1+, e e h©us and and fort six ------------------- 046 00 ..+. Y,.........:------------=•----• - ------ -•----........... ............ ...�®11�re �17� i for the payment of which, well and truly to be made, we jointly and severally bind ourse ties, floc 'helt'll+ oxccutors, adminstrators - and assigns, firmly by these present$, The conditions of the obligation are spch that if the .above named.........,..•........_.«.. ..... ;.n;..;..y.. . Whitd6mb `& Kd11er of __ _._..- .--------------. ------ ------shall faithfully c reply, with the foregoing c9ntt°het, Y;o1,de and=entered into the......---- llth. da of ..........................„. with t`he City'oi S.outh'Berd,'Indian, and"shall fulfilal the conditions and stipulations therein. contalned, �.:::ording to. the true intent and mea�iing .thereof, in all respects, then this,obligation to be void, otherwise o be and remain in fall force and virtue in law. In the eve _t 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 construction bond, and the sureties on the same shall not be held responsible for the >irt€ rca_a:ce and repair of the improvement after it has been accepted by the second party, but such sureties 1, 11 be held responsible for the fait'-{ul c� ;:i'r apes w:ffi all other conditions, stimulations and regrtii•errionts C0'Ves-{exd by or sett ot-iLt�in the contract. 7 �7 Qf^- - Y'IITNJiJa�i OE�P Lle,LndS and PrzFels tfii@=:::_II�SIt_�._____._T-___�' y [�2.=-_---.--_..�._�tl.�4t�u.�t.._.__.....:.._ .._.:.. �.✓�-..2CT FRED W. KELLER a ,.Wh_cmb,._&-.Keller.. �.><-.� ................... _ :,:::::::,_:(`SEAL) - By� FT:-_ B. Keller �Prs�. LESLIE C,_--WH-1TGOMB.... ,,� 'AL) .. . -- _ w.............g... _......... The above bond approved this.»>,»..»>__,,:�.�.tih:.:-... _....-` �f- :__._..._-.. Ai�t;. _192f3• 1__,._ ,,, G. A. ELLIOTT _........................... ......... ,>,,:,::,:,._ H. F. R_OSTISER - JOHN F.-DEHAVEN».�,,,,...,m.>n:_,,:... Board of Public Works, rl AFFIDAVITS FOR PERSONAL SURETIES. STATE OF INDIANA ST. JOSEPH COUNTY )SS I, Leslie C. Whitcomb, swear that I own real estate in St. Joseph County, State of Indiana,, of. which I am possessed in fee simple of the value of Thirty Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I believes, so help me God. LESLIE C. WHITCOMB Subscribed and .swern to before me, the undersigned Notary Public this llth. day of August 1920.. Veronica C. Sweeney, My Commission expires July 20tu.,1922. Notary Public State of Itd Tana ) SS St. Joseph County. ) I, Fred W. Keller, swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in fee simple of the value of Thirty Thousand Dollars over 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 llth. day of August 1920. Veronica C. Sweeney, Q-Witness my hand and offical seal. Notary Public My Commission expires July 20th. ,1922, PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 8th, day of August 1920 by and between Highways Improvement Company of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend in the County of St. Joseph, and State of Indiana, by and through its Board of Public Wirks, (hereinafter referred to as the " City"), under and -by virtue of an Act of the General Assembly of the State of Indiana; entitled An Act -Concerning Municipal Corporations, " approved March 6,19059 and all amendatory,and supplemental acts there- to: Witaoseeth;-that-the-eontracter covenants and agrees to construct Macadam pavement on North Shorf Drive from Lafayette Blvd. to Iroquois Street, in the City of South Bend, Indiana at And for the following prices:- 70 lin. feet of curbing per lin ft..................� .�0 533 cu. yds. of Grading per cu. yd.................. 1.00 llstorm grates, each ...... :........................ 20.00 430 lin. feet of 8 inch pipe, per lin ft............ 1.2.5 135 feet of marginal curb, per lin ft. , ............. . 50 4828 sq. yds. of water bound macadam per sq. yd..... 2.15 dtild to perform all work in the prosecution -of said improvement under and according to the terms and can- dltlons of Improvement Rrssol"tion No.adopted by the Board df Public Work}... Apr it 21,1920. and the plans, profile ar%d specifications on file 'in the office of the Departaient of Public Works, which sail resoiutipn, plans, profile e-nd specifications are made a part hereof as fully and effectually as if copied and set out hereln at full length. The contractor further expressly covenants and agrees that .in the prosecution of said work all proper shill' and care +,l be exercise:]; th-, t he - 'i p�o�,,r'': �,_d p� o` rt all excavations and`dangerous places Arad ,,ill use all due and prover prom. Lion to orevent.injur}� t�s :ry person or-p-nnerty; that in the eve�it Q1 s,a� injury or damage resulting from tlii v�� : or reR"l`• front ^ y matter or thin. connected thereNvith or arising therefrom, to any persn.i or property, he ^.11 pay an.vi-liethe same atis own expense, end as. sume the liability therefor; and in the event of any clam or cl2irls being made or any action or actions bein brottg^ht against the city by reason or on e.ccount of or,gro-vitig otut of . id or its construction, the sat contractor will at his own expense defend the same, and will pay any judgment rhcovered therein, and `will in all. respects folly iademnify 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 :1 within ten days after any such action is begun, the city shall notify the contractor of tke; pendexicy then -,-ref, then any judgment rendered against the city shot! be concinsive agmnst the contractor and against the siirclty an hia Construction bond, as to ti, �ttnonnt, kAbility and other vratters pertaining thereto, , crbr a is s za naai3ztain; said iu1pro=rexr ei: a:.o sake such 'repairs as way be taPcessary t`�t >l i llttrse 1>y t i a t% cum >11-- i >!'d of rt"C.'i�or;l�s a b with sm ent st OLV,4 fit; . , In d ig Client 1`eair wol* the crmt;raetor auci tilt our Ay � W%, �l1!►#`�f1t1a! � � �..� �+ M*f:_4 ,iIftj t® the city and any other person for OV l�ti��1! ®le i�ttt . � b offs" � �l�pg ' e wanner siid to the same extent as is fixed to the last prekeidl p i � ��� Atld It I# forther agreed by and betweem� said par'i s that the acute' auto of the wtwk Y1404 tat 11`A 041 tfrP#tr o' the paym .tt tlsercof. strap r_ot constitute a waiver, the part of the eity olilt of the 0 `%414- 1`Iq of fhip gantrarg nor shall it release said contractor or the'sureti a a 1ii9 �C�tit� �t�ii t�1@ a t�t��1 ��t tllt�i� f 31Ee, they.eof I nor s�iall the acceptance b' prima facie evidence of the periortnmiee of• 14t1Vi°��®i+�t ®h Otil N eyrept to the extent of entitling the contractor to the Contract rite therefor, Th® contra@l or a rises to pay for all labor and materials used or furnished to bt used In the 44� 900of mush tmpro�em@tan In the performance of this contract, whether doiie;or furnlshed tot' him, of I1 9011`41 eelgltte,'isugae✓1ear,or subcontractor- and the city,may reserve out of any r1i�.1'VrertCe �tlid@ otl arly 80. tsli t� �Y@P Af 6 contractor or ' '-tssigns, or out of : the amount due him or his asdl1isr h it thl C�tiNlil+ 0611 o of the �votl ,sot p. as rttt ` • cessary to pay all laborers or material Mail 10t AlAdtttitl dUb ON 16f Work dt ®or materials ustu yr .urnished to be used in the periorn�.�,t,�ce d� t�;N ��tttt �t AM the ��l#!� �� %i€1 War and'the county trco.4t:rcr, .st:tiug as city' treasurer, inay retn.iti motley 4b11Pqted prof Vicup sty uW}ters &4ee$aAd for said impruy neat to pay such debts or uut:il the coat rap' or 0�0 * 0 thpi't they him tit*61 004" ttiatd fir; ,:n r roc n!l r,;". sl, earth. and un*:sYd material iA. the $treats or sides fa3ere qon the 'coniple on w the imnroz ^m -_,it or the repairing thereof. The work of making siirh iniprov ment shall be completed accordin to the term,~��ihis contract on oar loefore the------------ ------------- ---------- -------day of -------------"--- 111VI abcr-•.... -- - 19.. -, 8+hs unless the time for the coral to+,on of the sa . e shall be e, .enrled in w.ztx.:g by the Board of Public Works, And it is agreed thi t any such extension of time, or any alter,' -;on of th;s ccntract or of the manner or meth- od of doing such work shallin no way affe-t the duties; obligations or liabilities of the contractor 'or his sure. - ties. It is agreed that the contractor Fhall rot ^Ssign this cn'tr?,^t, or sub -let the work or any °part thereof to {� he done Heretnder, withr e of the B�nrd is ` prl,l Works. it is further agreed a_! :,Ti-)1,i`....d t �.t e contractor-sh�.11 give to residents of said city and county preferenc in the employrr -pit of n11 la )or ::ecessary in Ole nerforr-:ance of this contract, and failing to do so, shall forf it to the city th., sam of t m dollars for each failar2 to observe this stipulation.' And upon the performance of all the ternis and conditions of this contract, and thi rigs to be done and performed by said conLractor the 'said city agrees to cause the cost cl 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. To each of the conditions and stipulations -of this contract, including all and singular the provisions a- d terms. of fhe plans, profile, specifications aiA resolution aforesaid, the undersigned binds himself or itselc and the respective s,. .c.ssor or ass;:-rs Of -,,„•n r.s �. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 8th. day of August 1920. HIGHWAYS IMPROVEMENT COMPANY CITY OF SOUTH BEND, INDIANA. BY M. T. CALEF Prest. G.. A. ELLIOTT Contractor. \ H. F. ROSTISER JOHN F. DEHAVEN ° Its Board of Public Works. CONSTRUCTION BOND KSMy sal'men by throe presents. That we . i�?+�'�it9tits:. State of .._....=:In�},,iarl „•,_.Liui i==; ba orlads of the County of ... ,.......5�...---S��seph---- ----------------- .......... p : :LLL6LLiLLLLLL7SLLS:SCYl::S�i�i:iiiQ pat, and ................... — _:� -- ..,� t sT 9 11$h-- .and State of ...................:: of the County of......�...-------------- _------- ..: as .sureties, are held and firmly bound to the City of South Bend, Itidialla, In th@ 10M ®f: �iVe ThOusa-I}€�i_ c igh , hu�n4��'S. i .,uit�.�#..�rar:L,r n •��• �ll�f@ 5 8y o, r7.dt ......... . . .............. ... well and tr'ul to be made we jointly and SeV@rally` b4�d�1 � � t fop 'ilea payment°of which, w y e� presents, exeeutdrs, a�'ttiiiitratdrs and assig t?;,' firmly by thes::_:::::::::::..._.....:::::::::•: °, The ee»diti®r!s•of.the .ohli3ation .are such.'ht, if ,the -hove .shall faithfully eomPly with th@ tQr@WA9 �gatf _.,..._-H ghwas, imp cv�ment C�mpatrry 19..,,,.... da of,.,. Auk-t:::-J,_O.. made and<entered inter the Y- : u+ • to b@@id �f@rtp 311.yrr, t; ts{ 'bent this ohllka f41 ' t 1P with the City of South Ber_tl, Indian? and shalio ttl nU alYtN� c®t�dl`to�s and Qfl�ulat"ohs th@el ep �@fh@� according to the'true°interSt Tneaii:rg th .t,e said Clt ahs11 agtea the141e y to be atxd remain, in.f;sll force ana virtue in jaw. In the wa re?ee6e the s r- ief 6Aeihii bob . fgr fhs tz et d. completion of said work, such exter_sion shall not in y1es on the sage shail iot b p e urea}es This shall be, a construction bond, and the: sure-i.es been accepted hY th® s@@Ahd party, lit gyp ?' maintenance and repair of the improvement after it.h shall be held responsible for the fait'-ful co:nol;arcs �v th all ^+hat' eendlElA�+.s- sttnttia'tiAnB and pellrela#` covered by or set out in the contract- August 1920. _... ........... :......._... }� WITNESS our hands and- seals ttttt ,. $tom. - , Highways Impr oveme n o.. M,...T. CAI,EF._..................................,,,.,(SEAL) ~�i��: __A�' �aP�•ep� =Sea.` G 0. A HARROP SEAL) (] .....-_: F The above bond approved this...........LL ........................ (G.#...A_IL ....ZW- -Q Tx'.... ..........,.w.,;,.,.,., ...._....................A.MF'--ROSTISER,,. JO HN F. DEHAVE� N x,,,,, Board -of Public Works. A AFFIDAVITS FOR PERSONAL SURETIES. STATE OF IND IANA SS ST. JOSEPH COUNTY. I, Geo. A. Harrop swear that I own Real estate in St. Joseph County, S'kate of Indiana„ of which I am possessed in fee simple of the value of Eight Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. Aubscribed and sworn llth. day of August 1920. My Commission expires July 20,:1922. STATE OF INDIANA SS ST. JOSEPH COUNTY GEO. A. HARROP to before me, the undersigned Notary Public this Veronica C. Sweeney, Notary Public I, M. T. Calef, swear that D own real este in St. Joseph County, State of Indiana, of which I am possessed in fee simple of the value of $3, 000. 00 Dollars over and above my indebtedness andthe exemption allowed me by law, as I be- lieve, so help me God. Subscribed and sworn this 9th. day of August 1920. My Commission expires July 20,1922. M. T. CALEF to before me, the undersigned Notary Public Veronica C. Sweeney, Notary Public PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered this 8th. day of August 1920. by and between Highways Improvement Company of the County of St. Joseph - and State of Indiana (hereinafter referred to as the Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its.Board of Publue Works, (hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts there to:'-- Witnesseth, that the contractor covenants and agrees to construct macadam pavement on Lafayette Street from North Share Drive - to Marquette} Avenue, under Improvement Resolution No. 814. In the City of South Bend Indiana at and for the f ollowing-' prices: - ------- 382 cu. yds. of grading per cu. yd....................$1.10 2 storm grates, each..................................20.00 60 lin. feet of 8 inch conduit pipe, per lin ft.....,, 1.25 1 manhole reset, each ................................ 3.50 175 lin. feet of marginal our b, per lin ft........... .50 1870 sq. yds. of macadam pavement per sq. yd........., 2.15 'and to perform all work in the prosecution of said improvement under and according to the tei eras AIIJ Avss ditions of Improvement Rot -solution No.._.,_ ,,..__... he and the laps 1? �••--_..., adopted by the Board of P lic Worka..........._.............. plans, profile and specifications on file in the office of the Department tment 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 ebntractor further expressly covenants and agrees that in the prosecution of said work a4 proper skill and care r.•ifiI' be exercised; that he 41 propAr`;r r a.: d p c-* all excavations and dangerous places, and vyrill use all due and proper precaution to prevent injury. to my person or prensrty; that'in 11 event Q1 any injury or damage resulting from the wor':.or resulting from any matter or thing connected therewi'h or arising therefrom, to any person or property, he v4ll pay av lieuidate 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 being brought against the city by reason or on account of or growing out of slid v:.,ork or its construction, the said 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, payment or judgment recovered in connection with such claim or claims; action or actions. And if within ten days after any'such ae6on ju`begun, the city shall notify the contractor of ttie,pendency the r'of, than any iudmnent tendered against the city shall be conclusive against the contractor and 'againsli the s v"' et.y 011 h4a construction bored, as to tba amotoil., }+ability and other rrxa.tters pertaining tbeseta. Aim the tgator agrees to mai stain said: ir_-ipro vr.nient a:.d iiml.e such repairs as may be necessary ON ¢ri®d sttd its the manner as Wised by the snncy4icatioras, and to secure -ait naarnterta �� j►nd ra our thereof to with the Board of Public Works, a bond with sufficient surety thereon and 1f1 an muotwt o* xed by the epaeifiietitionc And in dolng such repair work the contractor and the surety on his o6ran0o braid Will be 8fthject to the ss,t,ze liability to the .city and any other person for any injury or damage to sly pel s'' a Qr pvwp,. lfty in the #Am@ manner and to the same extent as is fixed in the last precedirkg perajr(p et)-vtriq tlae jtNgtion worm, And it is farther agreed by and between said part -'Qs that the acceptance of tiie Work luddrd for iil 04 4olntrsct, or the payment "th,;reof, strall not constitute a waiver on the part of the city ovally t)f li'lq iliFawili- iolt0 of, thlt contract, nor shall it reiea:;e, said -contractor or the sureties on his bold for the ftift1 fili del a11@® thorcef a nor shall the acceptance be prima facie evidence of the perforfilltilee oi alto► prgy1#1611 of 010 49Mt49t; aMpt to the extent of entitling the contractor to the contract price therefor, The contractor agrees to pay for all labor and materials tised' or furnished to be used In the niakhilg co- 9110h itrlprovement and in the performance of this contract, w e-ther done or furnished for hint, or h1i A(ttaal, MINIM, succeasor or subcontractor: and the city may reserve out of any ullowarice tis,de on jtty sstilt,r,t( In fad ®f the contractor or ' ° nssigus, or out of the anavunt due him or his assigns upon the etltf1pleflon of tl ta-*vork, ad rrttcra as m : essary to p4y all laborers or, materiar ineh for pfltdttrit# dUS tit ltl Joe 'PtWk daua or matenah usea a .arnished to be used in the perfortranee of this cofitrtet and the do3nm of acid wgr-�a 4"d the "<Wnty t Sut(T, acnng as city Treasurer, may retain tr ortey eolki,�fed from propofty RRegsed for said trripruvea.ient to pay strcn debts, s or until the CcrtYtxf cY6r Sf?G)ivs tltati tiit5 ktttive lit'i9 grid or ltatz..fieff :e ecz:.e-a 4 -ees to remv ; all ru*)aish, eart;�, and uea unused material is the strts or rides upon the completion of the improvement 'or the repairing thereof. The work of making such improvement shall be completed according to t4ie terms of this contract on o� before the :..__._ 'dav of ------------- ---- 19 unless the time for the completion of the sa—e shall be extended in writ:;g by the Board of Public Works, And it is agreed that any such erter*qion of od of doing such work shall in no way affectime, or -anyaltera`ion of this ecntract or of the rVanner or meth - ties. t the duties, obligations or liabilities of the contractor or his'sure- : It is agreed that the contractor shall not assign this contract or sub' -let the. work or any part thereof to be done heregnder, ivi hu t the �,,rie en 40 . t of the Board of Pi=hlic Works`' It is,furi`her agreed and stip�tia*'.d +>,�T �: contractor shall it �i e to residents ci# said city and county preference;in the errapioyr c;nt of ail la�or nec2ssary in the performance of this contract and failing to do so, shall. forfeit to the cityy 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 leperformed by said contractor the said city agrees try cause the cost of doing such work to be assessed, col- cted and paid to said contractor in the manner fixed by the statute governing the making of such improve- Anents. To each of the conditions and stipulations --of this contract including all and singular the provisions ar.d ec teri-as of the plans, profile, s ifica+ ons arA resolution ' P solu_ion aforesaid, the undersigned birds himself or ,tsf if itd tt+ xe respective su:, cssor or asp : -,�. of s„ ,.;,. , . ,', In'Testimony whereof, We, the foregoing named parties, hereunto set out hands this 8th. day of August 1920. CITY OF SOUTH BEND, IND IANA. BY G. A. ELLIOTT H. F. ROSTISER JOHN F. DEHA'VEN Its Board of Public Works. CONSTRUCTION BOND HIGHWAYS IMPROVEMENT COMPANY BY M. T. CALEF Pros. Contractor. ° Mi-,Dvr aft men by these pimsents. That we_- --- -_------- R. ghwaY_a--- Imp---eveze-nt---a"Pa y....._....:. of the County, of__-___------_S-t=.---J-GS"h •_:-____-:,�, State of---------------.Si1d38xi8._..-:___..-_------- ..... + ,as prrnci pal, and __. ]�„ T,► 1-Ii► -- � -$e e: — h:- $ST `tap-----._ - ---------------•--------------..... .................. -_..-• of the County of ------------------- St. .T-Oa"! ph -------and State .of--- -•-- =Ind iala.a--------- ------ ------------, as sureties, are held and firmly bound to the .City of South Bend, Indiana, in the sum of ........................................ -- ----- T_WQ-.thousand----thr-e4---hUd-e41 --- and hint : ��ur����u Dollars ($ 2,314.06. for the payment of which, well and truly to be Me, we Jom ly and severally bind ourselves, o r heirs, e-;�:ecutors, adminstrators and assigns; firmly by these presents. The conditions of the obligation are such that if the above named... ...... -- - -- - --- -------__-.__-,__._....... The Highm s_ ____ ?Y_emaxit.,,D_QMpa faithlUlly edinpiy With the tiftoirik t;ok4i,*� made.andtntered. into the. ._ - 8th. � .: _ --- drt with the.City of South Bend, Indianp and �shallfulfill 'Wflw. e6tiditifitib dohs t yre eb according' to the true intent and mea,iing thereof, in all 5pects3 ttietl this d�3i}�atidr► i8 email ®t eta to be and remPt3 remain in full force and virtue in law. In the eke== the said City §lt§�bt t o completion of said work, such extension drill not if1 aly vifay telea§e the §iifetie§ aii t is Wild;" This shall ,tie a construction bond, and tite t6te+It}§ oil the §fine'.§hail fiat be h4, ie bil§il t 18i e maintenance and repair of the improyem nt:after it iiia beck accepted b�`! the bedwid eft i tit MAE §iiMW'i shall -be held responsible for the fait -ful c®�vilance With Aii dfhet Eslii ifs fM §fidtda i@t §#t i etjtii[ etdei i s covered by or set out in the contmct, WITNESS our hands and toaltt S.h,� • ,,,;, ,,,,,,,,,,,--K 4 � -- :High a,ya_-1mpr►VVre Wnt,- qi � ' - By Get3. A. Gee. A. _p ...... .............. �_ _==� A � - - - - -. The above`bond approved thin.: _ ,.F -fi ®f __. A>gus Tit$ r:= H. F. ROSTISER JOHN F.� DEHAVEN. Board of Puhlie WOK., 20, AFFIDAVITS FOR PERSONAL SURETIES, STATE OF INDIANA ) ST. JOSEPH COUNTY )SS I, Geo. A. Harrop swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in fee simple of the value of Eight Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as L believe, so help me God. Subscribed and sworn to before me, this llth. day of August 1920. My Commission expires July 20,1922. STATE OF IND IANA ST. JOSEPH COUNTY. ) SS GEO. A. HARROP the undersigned Notary Public Veronica C. Sweeney. Notary Public I, U. T. Calef swear that I own real estate in St. Joseph County, State of Indiana, of which I am pesaessed in fee simple of the value of $3,000.00 Dollars ever and above my indebtedness and the exemption allowed me by law, an I believe, so help me God. #. T. CALEF Subscribed and sworn to before me, the undersigned, Notary Public this 9th. day of August 1920. My Commisione expires July 20,1922. 0 Veronica C. Sweeney, Notary Public • Board ordered that the salary of ,Gilmore Nifong Caretaker of River Paris lights be increased from $65.00 per month to $80.00 per month. Same effective from August lst.,1920. The Board agreed to hold a special meeting at 11:00 A.M. Thursday Auga6t 12th.,1920 at which time all preliminary orders would be made on Pavements , bids received Tuesday August 10th.,1920, Said meeting adjourned to Thursday August 12th.,1920 at 11:00 A. M. Pros ident.