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08/27/1920 Board of Public Works Minutes
WIN Board met in regular session at ''10: 00 A.M. H. \ F. Rost iser absent. Bids were received opened and read on the following streets improve-- ments. ° Xatex .,QQnnactIona .on ,Bowman .Straot r Bid of Joseph A.-J he,r., Long side, .4 inch taps, each..,........:................... 27.50 ° Short °s e,>'A °inch taps, each......''' ..... . .................. 20.25 aewe°r °c°annarc-t•ions per1izx ......................... 4.00 Bid of Wm. H. Burke Short side, each............ 21.80 Long side, each .......................:................... 28.90 Thomas Will isms , Long side, each ...................°..........;.....,......., 29.85 Shart° B•ide,,..each. °. .......... °............ 24.80 Bids on °pav'Gm'ent °on Gars>t Sirrect °from Michigan Street to South Bend City Addition. Bid of The White Construction Company. Walk' p�& r l in ft.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Curbing per lin ft.°.................................... . , .. . 75 ° Grad i... .. cu. Ord,. .°...,..o.r.. 1.35 Asphalt pavement~, Tr,in•idad, Lake° Asphalt per sq. yd........... 4.30 Asphaltic, �oacrcte pavement Trinidad Lake Asphalt per sq. yd. 4.10 8 inch conduit pipe, per lin ft.....'.......:................. 1.35 Storm water grates, each......................................16.00 Marginal curb per lin ft........:...:.......,............... .50 Resetting `inlets, each.....'............. o...... ••••-••••••• 3.00 Resetting manhole coverq each ..................•••••••••••••• 3.00 Bid of the Williston Construction Company Curb per lin ft.............................................. .75 rading per cu.-yd............................0........0....0 1.40 Asphalt pavement Mexican per sq. yd........................... 4.39 Asphalt pavement Trinidad asphalt per sq. yd................. 4.47 8 inch conduit pipe, per lin ft .............................. 1.30 Storm water inlets, each.....................................16.00 )Marginal curb per lin ft..................................... .50 Resetting inlets, each ....................................... 5`00 Resetting manholes, each ..................................... 5.00 Bids For .thearesurfac ing of Wayne Street from St. Joseph Street to .Lafayette Boulevard. ' Bid of the Williston Construction Company. Asphalt resurfacing with Mexican as4ilt per sq. yd......... 3.48 Asphalt resurfacing with Trinidad Asphalt per sq. yd......... 3.55 .Extra binder per cu. yd............ ..........................32.50 . Extra concrete per cu. yd....................................32.50 Resetting inlets, each.......................................10.00 Resetting manhole covers, each....................:..........10.00 Checkf or $528.00 5'L Bid of the White construction Company of Resrfacing of Wayne Street from St, Joseph +. Street to Lafayette Blvd, Resurfacing with asphalt pavement using Trinidad Lake Asphalt per sq. yd...:....'..............3.24 Extra concrete per sq. yd...:. .......` .:.............24.00 Extra bonder per sq. y ..... 29 00 As.,PhAltiAe "concrete, .Trinidad Xatural Lake asphalt persq. yd... ................3.00 Resetting ixlets,�caeh........................................8.00 Resetting manhole covers,peeash.'.,........ .................08.00 Checkf or $528.00 Pavement on Indiana Avenue from Prairie Avenue to East line of .. , .. Webs'ter Street, , , . Bid of the White Construction Company,. oT1Palk per sq, ft ... ............e...o.....e.e, ................ , $.25 cement curb per lin ft.................................... .75 Grading per cu. yd........................................1940 Asphalt pavement , Trinidad Lake Asphalt per-sq. yd....... 4.34 Asphaltic concrete pavement, Trinidad Lake Asphalt per sq, yd.......4.12 g • 1TVI eceondui°t` pip'a,° Ve'r' l.iri ft'. . °...............1.35 . , .St•orm water ln-l•et�s°,- t-ach'..'....'.'.'.'.e,'.'. '.'.e.'... . . . . . . . . . . . . . .16, 00 MArgeins-1 curb peer °lln fste. °. ................. .50 e < R^s-ett.iaig inlets, each.... . .............................. 3. 00 Resetting manholes, curbs and covers, each,.•,,,,,,,,,,,,, 3.00 All' 'of' t'he' 'ab'o'v°e` bids' refe'rered t'o `the C ity Engineer for to be tabulated' and repoA'*d" on' Tu'osday August'.-.31st.,1920 at 10:00 A. M. Permission granted to the New Jersey, Indiana &_ Illinois Ry. Co nd the Dominion Company to close Catalpa Avenue , Chapin Street and Kendall Streets fro a period. Df. from five, to, ten. days. at, .the .intersection. of their right of way Chapin Street. not. to. be. closed untdl• Catalpa• Avenue" is• re -opened and Kendall Street not to be, clpged, uritiJ. Chapin, Street, is re -opened. Proper barricades and detour signs to be plapeo, ap,de rune fights , also police and fire departments to be notified. Thomao, McGrath,.. Plumper, a,ppeerod, before the Board and stated that he was unable to. find a, PVW;er, conp.ection, at, 725, South Bend Avenue, property owned:.aby John J. Wolf estate. The Board, ordered. the, Street. Commiss ioner to go out dad try and locate the connection and if located within two feet of either side of location furnished by the Engineering Department, Mr. McGrath is to reimburse the City for the Street Department expenses, otherwise expense to be borne by the Street Depart- ment or City. Indiana & Michigan Electric Company granted permission to move their present pole' lln6 from the Michigan Central right of way to the north Tine of the alley east and"west,from Arnold Street to Olive Street, which is south of the Michigan e Central ° R: ° R: a tracks; with • reference • to , the ' additional tracks of the N. J. & I. R. R. and°the°Michigan'Central,R.�R.'in the Southwest part of the City. . „Contracts .were , awarded . on.the following improvements. Water connections on Frances Street awarded to Joseph A. Luther for the amount of ....... $ 19186.00 Water 3onnections on Haney Avenue awarded to Joseph A. Luther for the amount of....... 16--7.00 Water connections on Indiana Avenue awarded to Joseph A. Luther for the amount of.....,.. 310,00 Water connections on Grast Street awarded to Joseph A. Luther for the amount of ........ $ 187.00 Water connections on Donald Street, awarded to Joseph A. Luther for the amount of........ $ 592.50 Water connections on Lawndale Avenue, awarded to Thomas Williams for the amount of.. $ 32.10 I'friaio esW4+8 on Lawndale Avenue, awarded to Tho;~4as Water connection on Miner Street`$ contract awarded to , Wm. H. � ne!=`ft....... .......$ 113.23 Cnntract for, pipe sewer .on Ewing Avenue from St. Josepj Street to Fellows'Street a,warded.to Joseph Luthers at_$7,302,75, George Pontarelli bid notcons'wideretd on account of .being inregular. The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 26th. day of August,1920 by and between Williston Construction Company of the County of St. Joseph and State of Indiana (hereinafter referred to as the " C©r ,r�ctor"), 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"), under and by virtue of an act of the Geberal Assembly of the State -of -Indiana, entitled " An Act Concerning Municipal Corporations, €,proved March 6,1905, and all amendatory and supplemental acts thereto:-' Witnesseth, that'the contractor covenants and agrees to construct pvement on Diamond Avenue from Lincoln Way West to North 1 ine of Cush ing' s Add it ion, in the City of South Bend, Ind ianat and for the following prices: - 812 qu. yds . of grading p ,r cu.. yd....................... $ 1.25 12:`inlets, reset each...... ............................. 5.00 4 manholes reset, each .................•................. 5.00 40 lin. feet of curbing per lin ft...................... .50 3044 sq. yds . of Trinidad Asphaltic concrete pavement per sq. yd.................. 3:92 3044 s_q--y-d.s_- of Mexican Asphaltic concr3te pavement per sq. yd.................. 3.84 and to, perform all work in 1he prosecution o ,•skid unpr*verrietit'iander .rid scoardl�p'-to the terms +spa! n- ditions of Improvement Resolution No. —9� � ���h� >t3oard of Public W rks..s_�!t...,9xei..i`�20. ar"I. the plans, profile at►d specifications o�-Oft of the Department of Public Works, which. sand resolution, plans, profile and specifications are made a part hereof as fully and effectually as 11 copied w)d set out herein at full length. The contractor further expressly covenants and agrees that in the proseeufon of said work all proper skill and care will be exercised; that he '.11 propeT'v '- seal F° �`�: `. all excavations ariA dangerous plac-!4, and will use all due and proper precaution to prr2v nt ++-j«.ry. " ^ry person or pr 2-1-Y, }' in event 'ji any injury or damage resulting from the -,„•.r`_ or re.•ilt ^; from n--y rzatter or thins ,nr. c''-d thereivi4i or arising therefrom, to any pers^n or property, hA 1--�11 ray a^^ lic-.iidate the sire at his own e:tpeense, and as- sume the liability therefor; and in the event of any ciairi or clp.ims bQ+.ng made or any action or actions being brought against the city by reason or on a.cco-aat of or groiving out of s~id work or its construction, the sail contractor will at his own expense defer_d the same, and toil 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 actio,.i is begun, the city shall notify the contractor of the pendency thereof; then any judgment rendered against the city, shall be conclusive against the contractor anda.gainst the surety ©-a-hin ton-struction bond, as to tl• +mount, liability and other rizatters:.pertainiag thereto. Afid tkw, s® rc veto aa;r"_5 to, xuoz ta;in said 4 6 ; a e such repairs as ,may be necessary end- hi the manner as fined by the. sw°cahcationt, *.IA to teQt m vatc.@ �pd repair thereof. to AU varftlg the Board of Public Works a bond with su8ecirait sttrtty t!iOit�ti &yk4 is #.h tl t�bt l fixed by the epexifieations, Arid in doing such repair work the contractor and;the, 4ul*ty on hig po.)spfr44 and Ahall be &Odjept to the same liability to the city and any other per-sonIo�r t�ti `utjttt elf da .tttatK� 1 �1 k ,n �i Prop- erty in the same manner .and to the same extent as is.ficced in the Kist prtctdhig pafakjr�ph 0%Wrf thq P4iu- structlon work. And it is further agreed by and between said parties that the seetpthtiee of the work fovitled fay. in this t-ontr#ct, or the payment thereof, shall not constitute a waiver,®ii the part of the elly or it" Ai lll.� 4tw s of this contract, nor shall it release said contractor or the auretlea ou ilia holid fo> ii�e f 4iftAl niece thereof;.nor shall the acceptance be prima facie e-�ridence of the parlprrfia tut of Kilt' fovigldh of this Contract, except to the extent of entitling the contractor to the contmet price thherefort The contractor agrees to pay for all labor and materials used or furnished to he used In the IM61llg of such Improvement and in the performance of this contract, whether done or funilshed for him, cr hill alfefil, assignee, successor or subcontractor; and the city may reserve out of city allowai:ce glade un my estfiHM 4 In favor of the contractor or 1^:s,assigns, or out of the anivuut due him or his scalds uplift the eaf Pletiptl of the work, so much as mai I-cessary to pay all laborers at inaterim then for Killatinto due them 10r work dons or materials used or :urnished to be used in the parform.,,mes of this eonty et find the d@ft# of said work, and the county treasurer, acting as city trepsiirer, may> etttlli' 'f�loiiE y edllt:`-ted from j foyerf; e)'� tiers assessed for Said irnprovetaeut to pay saich deists or witil the cir stxrtctr�r PFavrs thgt Mien five li(=r� l-di ov aiktisfied The tont-a'c*or agrees *6 reImo=-e all .ruSb4h, karth, and unuspd materiM, in the streets of antes therc A upon the +completion of the smprogement .or the repairing themok 'The work of tnaieing such improvement shall be,comr4eted according to the terms of this contract on or Worethe..........- "' . - - --- --- Y-----�-j---------- -- --------dY c�� ... � C. ........_.------- ..._... ...., 1...- unless .the time for the coniph on of the sas^e shall be extended in writi~.g by the Board of Public' Wor!�s. And k is agreed that any such e_xten-cion of time, or any alterat;on of this contract or cif tile, m�-41,-kev pL vi-,U e od of doing such work shall ip-no -vay affect the duties, obligations or liabilities of the contractor or his sure- ties. It its agreed that the contractor shall not assign this'r-,ontract, or sub-tet the work or any part thereof to. ae.tlone iierea ndet; wifho_+* the NY �.n co t of the Board of Pt,blic Works. It is further agreed a >' st )-A- _d tl+at contractor shall gi -e to residents of said city and co!,j°y preference in the employ r: -;nt of nil labor -necessary in the ,performance of this contract, and failing to d shall forfeit to the city the sure o ten dollars for each fai?tzre to observ,e this stipulation. And upon the periormarc t of all the terms and corditio_ts of this contract, and things to be r"' d performed by saidov., actor -the said :city agrces .to cause :the cost c l dni, g such work. to 1;e asp _s Iected and paid to said, contractor in, the manner fixed by the statute gove'rtving tine malting of Stich: imp_ c : - inents., To each of the conditions and' s+ipulatioris;of this.cohtract, inrluc�ln g all d sT igular the pro ri .R ttrrss of the r°� s, profile, 'spec'f ta..)..s-a. 'd res lutioii afore; .id; thn ur:elcr,i ;ncd binds l,i; c Mta flre ic,;: ., e . -or or In Testimony Whereof, We, set our haf ds `this 26th. day of--Augus CITY Or SOUTH BEND, INDIANA. BY G. A.. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. the foregoing named parties, hereunto t 1920. WILLISTON CONSTRUCTION COMPANY BY E. .A. COATES 9 Vice P es den bon rac br. . CONSTRUCTION .BOND Cr,.cw all mr-1 by,tl of the, Gqullty. Qf.- ------ . _ - _ .,.Stste uf------------- Ind - ... as priuei- pal. and. ndomx ity----0-o ily----of--AmeT-40a------------------------------ -- of the County of---------Xim--YAkk--------------------------------------and State of----------- ------------------ =' as su�cetiec, are held and firmly bound ,to the City of South Bend, Indiana, in the sum of ................ _Si --_thousand__--- ---- -Jiundr cl__and:__tw nt�_y___four_:--w-.-_--»-Dollars .($6,524.00). for the payment of which;_ well and truly to be made, we jointly and severally bind ourselves, our h. eirs, e.>ccutors, a.dminstrators and assigns,. firmly by these presents. The cord -ions of the obligation are such: -that if.the above named ______________________________ ------- __ ...... ____............ ....... .._-i.11-ist4nl C*nst-r ct1on...CIImp.any._:_.-shall faithfully comply with the foregoing contract-. made and -entered into the ---------- _----- t �6 _--- 19........ >- •-------------- day of--------------------Aug_us#+---1_�'�Q-a----------- with the City of South Ps-c, Indiana and shad flilMl al?tye conditions and stipulations therein contained, according to the true intent -Ir mcai.trig the-eof, in all resrc-ts, then this obligation to be void, otherwist, to be and remain in full force a-iad virtue in law. In the eve:_: the said City shall extend the time for the completion of said work, such exter_sion shall- not in a .y 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 maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait',ful compliance with all other conditions, stipulations and requiraxo^n*s covered by or set out in the contract. WITNESS our hands and seals this.... .5tht day of..........,... London Lancashire IndemnityE ... ms•- ---- - --� - - -- - ( _.,. i l l ;t off.. �.o?rs'uc i o t?�-� .,:=: C W X. A. Coates .y. a.. * A Gina y .. in._"fact -(SEAL) .............� 0.0— l 6i iden The above bond approved this ..... ._---_?-7. t.??,.-........ -day of ....... ...........�.U���+ _ 'G.. A. ELLIOTT _ �R �HARVEY F. ROS'TISER .... .._.JOHN F. DFHAVEN Board of Public Works. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 26th. day of August 1920, by and between Williston 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 of Indiana,, by and through its Board of Public Works, (hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concern ing Municipal Corporations, " approved March 6,1QO5, and allamendatory and suuple - mental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct pavement on Lawndale Avenue from North line of Van Bu en Street to Vassar Park Addition,, in the City of South Bend, Indiana at and for the following prices:- 149 cu. yds of grading per cu. yd.. .................. 1.30 1 manh-ole reset, each.:.....:. ;. .. ........... .. 5.00 50 feet of marginal curb per l in Ft . ..'......:...... . 50 884 sq. yds. of Trinidad Naural .Laka Asphaltic --------- none -Pete pavement per sq. yd.. 4.02 and to perform all work,,in the prosecution of said improvement utader and aecordip to the terns and con ditio.ns of; Improvement Resolution No ....813 - �...f adopted: by the $card cif Public Wbtka_..�U,&..5Qt h.1920. ,and the plans, profile and specifications on file in t} e office bf fide 11?epar tment of ' ttblic orals, wbich said tesolution, plans, �ull ofile ;and sped cations are made a -.part i1ei; oof are .fully slid a et tuall ';;f copied avid set out herein at length. The',contractor further expressly covenants. and agrees tba.t in the prosecution of said work; all prc>y�;r skill and care vrill be exerc:szd; tbzt lie -??1` one~'� 1 p n `.a l Ps:rava-ions aril darigerous plac. artd .�iiil use all due and pr<oer pr ca..*ion to or `_�t nil=_ry {� v person o.r �r`v i that ay injury or`dama.me resulti g frf-m tine.x.,~` or resElting fiom � y ?~:�tt : or thing Bonn 1Pd ther.lvi'ri or arising therefrom, to any pert^ i or property, he i11 n-Ay aril Lccaaate.th_ sarpe at his own expense, and a's- sume the liability therefor; and in,the event of any. claim or clzir•.as being made or any action or actions b^ r.1 broaght against the city by reason or on a.ccou:tt of or grovzii g out of s;'d �- �r : or its con.-tritetion s 3 Contractor will at his .own expense defend the same, and will.pay any judgment recovered therein, and v all respects fully izidemnify"and save harmless said city, its officers, agents or representatives from all :co-, eaepense, payment or judgment recovered in connection with such claim or claimk, action or actions. A -� # within ten days after any such action is begun, the city shall notify the contractor of tr_: pend.e--.cv th?.r ¢he:a any jud;;ment rendered against theouci a ty shall be conchisive against the contractor and against the s � _ • ' e his construction bond; as to ti, amnt, liability and other mn-tters pertaining thereto. A,tnd, tk4 isentractof 4-0ecs t9 r,uaf;lta�ni said iiiij;ro au., e such repairs as may be necebftrY , ow —a to mQar0. t4k VAk V0,(kR � ih �o LIP 04014, 04- !fr®a :#hr ernaset�r a� � 6 z #p gi d an�*.s�thcr pp��rsot� for it jlli'y Q* a�.lwk ifs' i t@ eawc tent as is fixed in the 14pt��eilila li li i� f � = fed f4rthar agrgpd b` and between said parti a thAt the Qflpp ltkiipp @f t � work f � .l 101t i l -ifff } l f pfty don Cherept, dull not constitute a waiver oil the lief: of t � fit (t 1 ,_nor ph�il it t•glea a said contractor or the NuretieN mi his braid ifs t 01:,LA l iproo€,_ ll@r 4h4.11 the a.€ppEtanee be pprrima facie evidence of the parfortil ilee 01 Ali OWAMii i q ll� K04 A li . $ ® the pntprit @# entitling the contractor to the contrim plyiO@ tlil6felf, f, 1P .Q[�i t#' a >' 1 @@$ t@ 1 a3` -for all ab®r and materials used of fu0nMed to b� if �d I th f lil � liii : PyA#l��l �p in tho P0forrtanee of this contract, whether dotte of fg�fli#4 l@'r hrim i q # 4 a41� 3si Q>F $K1��qatraetQr and the city asap reserve out of >t�� s��i��ff�� ��� Oil- r�� agues, or out ®f the. aa,.c,nrtt day him16� � i t f i 1 Y e s 1 ; 1n,4A m ;xWr` to >M% sll.lahore:s or uissuY1st trio wrj"# V +1�� QlF lit 4 *sl ed` to he u► the p iotf ants d 6rsew#0 4 #t f > 4� MW1 k1la"T err & S W *A,-4t t i 4 &0 T ie cont_ra.^ o;- ag:e2s to remo 2 all rv`.:1ish. earth, and 14m.seci material in the atre.:ts of sides Y{1t;Ci'a! upon the completion of the improvemn-:at or the- repairing thereof. The work of making such impr?vement shall be comnieted according to the tecxni ef�thiN era+ttract on or before the ......................---------- Cad ---- ------ ----- -- ----•---day of...........................i`''::s.....:.r!�., , unless the time for the completion of the sane shall be exterdedi�n writirI; by the Board of Public Worts. '. And it is agreed that any such e-.eten�ion of tuns, or any altera`ion of t'iiis eentraet or of the manner or rxt , !11M od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sevo- ties. It is agreed that the contractor shall not assign this contract, or siib-let the work or any part therc,of to be done hereunder, tvithovt.the w-it.en co nt of the Board of':Ptihlic Works. It is further agreed and stipulated tht * contractor shall give to residents of said city, and cot lty preference•in -the empleymont of ali labor necessary in the perforrianed of this'contract, and failing to do so, 6hall forfeit to the city, the sum of ten dollars for each ,failure to observe this stipulation. And up6 fl e'peR6r'rnance of all ire terms and conditions of this contract, and things to be; done an i pperfernied,by•sai,:-ootnt-ractor the said ti-ty agrees,to'ca.use the cost of doing such work to be assessed, col- lectcd and paid to said contractor in the manner fixed by the statute governing the making of such improve - pats. . To each of the conditions and stipulationsof this contract, including all and singular the provisions anti terris of the plans, profile, specifications and resolution aforesaid, the undersigned, binds himself or it.,,:l£. knd tie rQapective suc-�cssor or ass,_- s of such r.-.rties. _ In Testimony Whereof, We, the foregoing named parties, her€urlts set our hands this 25th. day of_August, 1920. CITY OF SOUTH BF3D, INDIA A. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. WILLISTON CONSTRUCTION COMPANY BY E. A. COATES, Vice President. contractor. CONSTRUCTION BOND 61 r a by ... V-x,,.:i�'ats. That we. ---------pPill st..cn.-�i.On k of the,County,Qfr•Y- r a• , Ascph---- --_-------------, State of ............... --...... Ind Jana.......-......,..... as prinet- pal, and --•-. -Load-on--,&__.L.a1 QAsh1r--- Indennisty... Company-...ai'..Ameria&............. ......... of then County, of-NeX_•- York -------------------------- and State of ................ •.... as SWeties, are held and firmly bound to the City of South Bend, Indiana, in the sutra of.. ZIA--- hundr:Od... imd- Aighty..n.ine--==7,- :.....:Dollars t$ i.889 0,0 for the payment, of which, well and truly to be made, we _jointly and severally bind ourselves, our executors, adminstrators and assigns, firmly by these .presents. The conditions of the obligation are such .that if.41ie above na.rued ............................. ....... W i 1 1 et nn ._Lnnatr11Ct_lon- Company -.shall falfthfdlly with the fore�,o rid ecin2i act, mAde and"fered into -the 2 -�t-h- ---- --- day0f __:_ August 1920. with the City of ,South .herd:, Indiana and shall fulfill alrthe conditions and stipulations therein eo tainet � aigeording to, the true intent a_ ,-, meaiiing th `�of, in all 1. reels tS i11eri tll?�ss ObllgaiYOXl t0 be V61d; OterW1SP to he and remain in fill force and virtuin lave. In t-.e eve: he said Ci'y shall extend the time for the e@ letlon of said wort,, such e--s, n halt not in y way release the s!?reties on this bona. his shall `tie- a constn:c`. on ;;ord and the U e � on the same shall not be held responsible for the ffiftintetiance rr d repair o; the improver ter± n.4 r ik h , l�P,e acc pte? by the second natty; but such st:ieties ghall be held res L is ; i t o s a .. @r79111e for il:f fc»j;,i- - :6 '^ ? by -� r qet o"t 7 , a1- rr . a,.. .± i.. and rCUl.lil c Fft :.4 • WITNESS our hands and seats this ...............26tjx�..,.._.- August_ 1970...._....._.., I� London & L cgs hirree Indemnity( any E� '1'O:�TC ATES,�CVIi�� P0eP(�. L) .... SA� .._ - .A. .. - � may.. -ID ... f.�+ofet•s__..(SEAL) _ The above bond approved this ......... 27:Lk3....... ....day of=..,,..,,.»__..August., 1.920..; . ,.., ............ ---A ._. EIa�Q �"1'..-----....... ....... .......... ..MAR... �68 i�PR DEHAVEN Boar4 of Public Worm. PUBLIC aMPROVEMENT CONTRACT. This Agreement , Made and entered into this 26th, day of August '920 by and between Williston Construction. Company of the County of St. Joseph, and State of Indiana ( Hereinafter referred to as the 2 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"), under and virta of an Act of the General Assembly of the State of Indiana, entitled "An Act Con- cerning the Municipal Corporations, " approved March 6 ,1905, and all amendatory and supplemental a cts thereto:- Witnesseth, That the contractor covenants and agrees to resurface Lawndale Avenue from Lincoln Way West to north line of Van Buren Straet, in. the City of South Bend, Indiana at and for the following prices:- 97 cu. yds. of grading per cu. yd.. **e.@*$ 2.60 6 inlets reset, each .............................. 10.00 2 manholes resat, each ............................ 10.00 1697 sq. yds. of Trinidad Nautral. Lake Asphaltic concrete pavement per sq. yd.. $3.12 and to perform all work in the prosecution of said itmptovement.tinder and according to the terms and coil_ ditions of Improvement Resolution No.._.....812 adopte4 by the Board of Public Vflorka Ji�rie 30,1920. and cans -• - -., v plans, and, specifications on ale i'n the office of the � Depa: tment of Public Wotsks, which said resolution, plans, profile and specifications are made a part hereof as. fully and effectually as if copied aj;d set out herein at full length. ' The contractor further expressly covenants and agrees that in theprosecution of said work all proper skill and care be exercised; that he r.11 P?-Oper'y * . and trotact all excavations and dangerous places, and will use all due and proper precaution to prevent injutX to :ry person or pro.^.arty; that i•i `he eve. : any injury or damage resulting from the work or resulting from any matter or thin �onP.P^.tA � q + g d th° reNvi.t, or arising therefrom, to any person or property, he �v;ll pay and liquidate the same at his own expense, and as, • suine the liability therefor; and in the event of any clair_i or claims being made or any action or actions b-�i g brought against the city by reason or on account of or growing out of s� id wor'c or its con 7truction, th,= s!.,-ll 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 reoresentatives from- all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. A d # within ten days after any such action is begun, the city shall notify the contractor of tiae pendency therf, thou any judgment rendered against the city shall be conclusive against the contractor and against the surety on hi;, cbristruction bond, as to th 3mount, liability and other matters pertaining thereto. PUBLIC IMPROVN'_av1FNT CONTRACT..'. This Agreement, Made and entered into this 266th day of August 1920. by and between Williston 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 Stj Joseph,'and State of Indianan 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, entitled An Act Concerning Muni.o pe.l Corporations, " approved March 6,1920, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct pavement on Miner Street from Notre Dame Avenue to St. Peter Street, in the City of South Bend, Indiana. at . and for the follo*fingPrices:- .. 203 cu. yds. of grading per cu. yd... ....••••.• •3 2 inlets reset, each .................... .. ..... .... 5.00 1 manhole reset, each .................:........... 5.00 1000 s . yds . of Trinidad Natural Lake Asphaltic concrete pavement per sq. yd..$4.02 and, to perform all work ip the prosecution of said improvement under and accordi*. to the terms and c�:a- Ju e 30,1920. ditions of Improvement Resolution hio....- 810_...:. adopted by the Board of Public Works..__ ................... an4 the plans, profile and specifications on file in the office of the Depa<tment of Public Works. �t+ich resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copiefi P i.Id set out herein ai full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care -4*11 be exercised; that he r':l nron,�rly all excavations and dangerous places, and =fill use ail dice and prover precaution to prev�=it inju.r): to :ry person or th-t i•1 `he ev!�n+. �c any injury or dama.-e resulting from the vv�r': or res i?*i.^g from a-y *" _t*.�r or thins? conrec+.Pd th�rnt; i'T� or #rising therefrom, to any pers^-i or property, he ,il rav ar i Er-iidate the ss"ne *t his own expense, arc. as- sume the liability therefor; and in the event of any claim' or claims being Made or any action (.r actions b^'- P,. bro tght against the city by reason or on account of or gri &icing out of ;d cr its con�.trletion,.t _ s,. ,i contractor will at his own expense defend the same,.and will pay any judgment rmo47,ered therein, and All respects fully indemnify and save harmless said city, its officers, agents or reoresentatives from all co= expense, payment or judgment recovered in connection with such claim or claims, action or. actions. A . •.1 � within ten days after any such action is begun, the city shall notify the contrac*or of tr_ ; p ^d : _cv th::r tt►e:1 any jud,,rnent rendered against the city shall be conclusive against the contractor and against the sure ;, on kin construction bond, as to tb amount, liability and other matters pertaining thereto. TfA t0s agsecs is rnar;ita'n saicl improve urnt a_. .,ur.e such repairs as ;Tiay be necessary tox Alld tM C4M. the sf axed #tttbte manxw as by the specii cations, &ad to sece.mure the. maintce ano repair tl�eregf Jo � wf* e,* Board of Pubhe Works a bond with sufficient surety thereon and in an amount as hied by the gis"s, And in doing such repair work the contractor acid the surety on his guarantee bond shall be #uJ#J##t to the sawe liability to the city and any other ppeerson for anyinjury car damage to any persom or prop. o ly in t1 #ame manner and to the same extent as is fixed in the last preceding paragraph covering the elono Arve-flo l worts, And it is further agreed by and between said partits that the acceptance of the work provided for in this cont mat, or the payment thereof, shall not constitute a waiver on the part of the city of +art�t of the pt'ovis- Im-In of thin contrict not shall it release said contractor or the sureties on hi, bond for the fa-#thfUl peri m m 1p thpr@of ; nor stall the acceptance be prima facie-evide=e of the performances of atilt petMaldh of thix Aunt# -got, @xeipt to the extent of entitling the contractor to the contract price theref, ff, `cif@ @nntrmtor a ees to pay for all labor and materials used or furnished t® bt used Ill the hittkifag of avpW jmprovani@nt and in the performance of this contract, whether done or furnished for hlth, dt his e.909ti @@@ip@@, wq@@§or or subcontractor; and the city may reserve out of any Allowance ihlidd dii MY @btif i to An fai�Ar of the contractor or 1-;� assigns, or out of the amount due him or his <tsslgdl t4poit the ddift0f -oil of th@ work, to much &s ma, cessary to pay all laborers or material snail for iftA t ito dfie 'thud flit d � f atQri&1a �e � �uiahed . to be used w the performance of this dontx of rid fie d lit of f d Wogs and the t�an>y tr aaarcr, acidug as city treasurer, may,y, retail money �h-d0d ffeiel �f PPty %Ny-119s @.A@@s€vd W said improvetzmat to pay such" debts or unril the mtt. €eetoy 011ms fhsf dle` WW8 �eeti Tire coat=a per agrees to remo all rue'aish. earth, and unused materiat is tt streeLa At atcler3 t?acic',$ Ripon the completion of the improvem nt or the repairing thereof. The work of makinr,such improvement shall be completed accordin .-to #h terms of this eotttract eau or p gg 1'Ig7V before the ............... --tlsv of.._........Da.a ell r...a.��S�...,. ..�, " . ----w------------------------------ -_...------...... unless the time `for the completion of the same shall be extended`th writing by the $oard of Public or rs. And'it is agreed that any such extension of time, or any alteration of this contract or of the manner or nxeth, od of: doing such work small. in no way affect the duties, obligations or liabilities of the contractor or his._surc- ties. It is agreed that the contractor shall not assign this contract. or sub -let the work or any part thereof to be donb hereunder, withot,t the vr_it:Pn cons.nt of the Board of Public Works. It is further agreed ar.d stipula+ed that ''a� contractor shall give to residents of said city and cotl&y 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 Fuld rerforme4 by said contractor the said city agrees to cause the cost of doing such work to be assessed, eol ected andRaid to said contractor in the manner fixed by the statute governing the making of' such improvo ments. To each of the conditions and stipulations of this contract, including- all and singular the provisions arld tennis of the plains, profile, specifications and resolution aforesaid, the undersigned binds himscif fir 9t and tl. , respective suc= essor or assign-s of such parties. In Testimony Whereof, - e, the 'foregoing named parties, hereunto set pur hands this 26tn. day of August 1920 WILLI-STOR CONSTRUCTION COMPANY CITY OF SOTJTH BT139 INDIANA BY E. A. COATES, Vice Pres. BY G. A. ELLIOTT Contractor. • HARVEY F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works 57 twd the eon cractor agreea to "mitaan said k 2pry :r.<°22t a_.., su, h repairs as may ue rnecesrsat-y theMod land In tale ,anaar as fined by the supciScacions, atad tea secare. t to ulaainten,ance and repair theregr 0.4 M Ou Board of Public Wo7rL-s a bohd with sufficient surety reou and in an aanount a*; fixed by the file 4 �fj �, And in d�in$ such xepgor.work the contractor and the surety on hia guarantee bond Ahs11 be W1 . to the same liability to the city and any other person for zany injury or damage to any pets i,n tar prop - My 4t� tho 411mis Mannar and to the came extent as is fixed in the last preceding pargraph covering tllc r,€an- or-46-two work, And it is further agreed by and between said part',Vs that the acce'piaaace of the work providod for In 0&4 Qlltrsjctt or the payment thereof, shall not constitute a waiver on the part of the city of any of the prfjvll€1. gsig of this contract, not' shall it release said contractor or the sureties on his bond for the faithful pev*r 14 im t1wrh©t; nor shell the acceptance be prima facie evidence- of the performance of any proviMon of 14 J;i @QfAl'lkt:t, a €',apt to the extent -of entitling the contractor to the contract price therefor, `i�he eontra,etor agrsas to pay'or all labor and materials used or furnished to be used in the InAkif g (if 8t# h improVOM04t gild in the performance of this contract, whether done or furnished for him, or his q004,1 flkf lea, Mtogor or auhc€ltttraetcar and the city may reserve out= of any :allowance mado On 9fty Milm-et 44 tkyot' of the contractoo or "kasigas, or out of the araiount due him or his assigns t1pon the completk-of tb@ 14ork, ao M44 as me-- cessary to pay all labore s or materik men 'for ginounts due f1fisfil for WWk tot par Matmals, l to _v oarnfshed to'be Used in the perforanarmce of this efttyat Ito the dAill #Aid W%Xa VxL4 tlalo k,09tit tr 4` e re'r, V"iug as city pr-'s-arer, pm,* retain sr muy eoll tut ifow prop r'ty IMMIM >saacsrd % armed 4wwstmewt tea pay sucie dchts or butil the contractor thows that they fro The conw-a-`o o ag: ees to remo-- all rv1*_)isn. earth, and tinnsM -material in t#Ke streets or. sides ?herc-,A upon,the completion of the improvenicat or the repairing.thereot. The woek of niakirig'S'rclttlydprov tnertf s'hhft be eornt_eted accordidg4e&e�tefrny06Ns eontra�t on or beforethe____S »i ��_b..' ....».-�.y. ,..,.y.... r.,r..dP�Y o4.».-.....»»»..»....._..-....» �..._.».. .............. ip ......... unless the time for the completion of the sar-e shall be extended in writing by the Board pf Public Works. And it is agreed that any such extension of time, or any alteration of this contractor of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor.or his sure- ties. It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, witho_,t the writ -en co. -nt of the Board of Public Works. It is further agreed and stipula`, dA contractor shall gi-:fe to residents of said city and cov,0-y 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 ati�! performed by said contractor the said "city agrees to cause the cost o� 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 .. ' terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or 4-.-" and the respective sue.-essor or assizng of such parties. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 26th. day of August 1920. WILLISTON CONSTRUCTION COIMANY CITY OF SOUTH BEND, INDIANA. BY E. A. COATES, BY G. A. ELLIOTT Vice Pres. HARVEY F. ROSTISER Contractor. Its Board of Public Works. CONSTRUCTION BOND l rM in" by tfm—ce pets. That we-»._____-»________Willist_ on-.Cons_tr`.3Wt.. „.lti=A&1= of the County of ... ......... „.S#►. s3 .pkt_ __ _, State of ..... - -------- -Ind.- wk................,...... as prind. pad, and .... JA9Ad.9Z .. --- Of -America. ....... .....„,.„„„ of the County of........... �Y.. Xor .... _•------------ __--------- and State of.----------_--X.0X ..Y.0rk......... „�...„�..» as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of........„..„.„.......,,,,,...,......„ Two Thousand eight hundred and fourteen ---�-----"-- Dollars 2 814 0 ............._.......,.._.............---............ • •--..»._ -- -------------------------------------------- (� 4, for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, execrators, adminstrators and assigns, firmly by these presents. The conditions of the obligation a -re such that if the above named ............... ...-.......................... --- C MPan_Yshall faithfully comply with the foregoing contrac( made and tntered ihto the ------------ ----- -2�jth� ---- ---------- dayof------------------Au7LlSt- 1920• 19 With the .City of South Bend, Indiana and shall fulfill alF the conditions and stipulations therein contained according to the true intent ar_d rneaairg th-cof, in all re,,p _ts, then this obligation to be void, otherwisµ to be and remain ih fizll force and virtue iri law. In the eve. the said City shMl 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 maintenance and repair of the improvement after it h!-s been accepted by the second party, but such sureties shall be held responsible for the fait'-tul compliance with all other conditions, stipulations and requirewot+ts covered by or set out in the contract. WITNESS our hands and seals this .......... .,« ........... day gf... . .. ...A�a;ust LONDON & T RE INDEMNITY COI+IP g ...a.... _.52� RIM......„..„......„...(SEAL) A II,LISTON... �UC,TION C01 ' , AO) BY C. W. GINZ, Attorney in �BY- ... •------------------------------------------------------„.. ( T . . Y it e , Fr_e o . The above bond approved this ........... „.27"--dRv of ......,. ....;August :.192019.:»,:3, G. A. ELLIOTT H ARVEY F F. RO S T ISER .„.„„.............. ..,,, Boardof Public WorkA... CONSTRUCTION BOND Xmvr 0 men by these paesmts. That we .............. Malii.�1.1�.?I..��.R�s`��:jtivn(st f071 �iDliT�a2 � ..: of the County of..... •- St. J0 s eph_._ -----, State of .........Snd.�.IMS_.. pat, and .......... .Lund.obi.-- ---- Ind-e ty C©mpAn:,r.. of Amer isa of the County of .......... .:.NAW XDrk .. - 1----..:w.-aI d State of..:=--_.. New York .. ....... ........ .r...... '........F2' ................F.... as sureties, are held and firmly bound to the City of South "Bend, Indiana, in the guin ®f__:: :.:_.... hundred and f ift - -�• y sY1.. =; ...®ll� ( 20150.0 (i for the payment of which, well and trul to be made, we jointly and severally bhid. our§alves, our 446, executors, adminstrators and assigns, firmly by these presents, The conditions of the obligation are such that if the above named._:=;, ,,,,,, ,;,,,;;,,,,,, ,•_ , _-,-, ,, _, 9 tape C:t�sruti.. ahiil fti fy vwy With te t made and entered ixtto the ?6t h.. -, d� gf -:. ... A� �i.. ],��Q R , < Y r-._. with the City of South L'er_c�, tndianp and shall fulfill Ml thy# e0fiditiotta t# at Pt j llol g gl l ; according to the true intent a.rd meal -,Mg th .-eof, in -ill re p` ,tag then this��- _�Wi§r to -be and remain in full force .and vir, ;- in law. Ifl tl3lm eve; -he n d Oy §ball q*te i� t�}� �11�� �� the completion of said'work:such xter_s.on'sha?f fiotin any Way rek4e the kr6de9 0llthN bold This shall be �a• o_onstructron bond, ,and the afire '=es on the 'same MIMI awt lie V- 00RAW for *0 maintenance and repair of the improvement after it h'ts been aeeeptM i the �� and party ut 91i shall be held responsible for the fait'`Cul co:nol-vnee w1tis ell M#t"r cotiditior9t 01 1s9:ia �" lf€Iflil'LfN� I covered by or set out in the contru.t. `�Ii 2 _h a Es a..s z , h. day : of .;August 1920. .:.LondQu .,La csshire Indemnk*.z .Qo.o Williist n can "tr ct io Co a t o'f A3ne'r ice".' E owes ire �li A ) B.y..- Cz�i�1�. e . a i, Th A �torne� in fact ({?a,,> �, €� we -aiie pA 7 d ihi`s---------- 27.tt_*....... _.------ .;.- f August 1920. ....... .x.... . =ELL IO TT _HARVEY F . RO ST IS29-`----, --- ----..-_--_� JOHN F. yF�C„'tl :'.. .. .,.�....;.....�..M .... , Board of P11hyfc The following petition received read and placed on file, T09 THE BOARD OF PUBLIC WORKS OF THE CITY. OP� SOUTH_BEND: Whereas your Board has entered a preliminary order designating asphalt as the kind of ev,in Ito be us•dd it im rev �nt7 Walnut street bet aen l Street and I di na Avenue *ndpghrz s y ur a lion haims n $ased n the a sum Mn at he Sander Egge Com an �s t e owy ree Molder rep idfng on sad ,tree an that a consequence he sari Com�an' has the paves to select the kind. of pavin to be used, The Ol ivar Chilled Plow Works by its Pres ident, J. 'D. Oliver, files this petition asking that your -Board designate and let a contract for the improvement of said street with concrete paving and gives for such action the following reasons: 1. Inasmuch as the Sanders-Egbert Compare is a corporation it cannot- be regarded as a free holders residing or, said street and there fore has no voice in the desingation o the kind of pavement. 2. Even though a corporation is entitled to be regarded as a resident free holder, the actual place of residence of the' said Sanders-Egbert Company is Goshen, Indiana Its South Bend office merely a Branch Office. Inasmuch as major business transactions are handled fr om the Lioshen off ice and orders. emanate fr om sue h off ice, this cor-porat ion even though entitled to be regarded as a resident free holder cannot madaitain a dual residence. This would be equally true should the Sanders-Egbert Company be a partnership. 3. $ou petitioner ma intt �s and ill c ont ��u to ma i taro a Branch Of ice on said street whrc gees said petitioners fill same - gehts as hose claimed by �he Sandera Egbert Company. Should your Board find that the said Sanders-Egbert Company is not nt itled to beregarded as a resident free -holder, your net it ioner contends that inasmuch as ,it owns approximately four -fifths of the property adjacent to said street and will con- sequently -be obliged to pay for such proportion of said paving cost, its wishes should be eons idere.d ;in the selection of the kind of paving to be used. Your. petitioner thereofr expresses a, preference for concrete and assigns the following reasons for its select ion; 1. Petitioners is now building a large manufacturing plant id jaaent to said street. During the course of said 'construction and after said plant ds completed for they, CoM pos*s of maintenances and o eration, patitioner will use said street in haulin extremel; as s 'NNotonly ill such loans p ove de tructiv to ahaltavement bb it it ha phis form of pavement makes he hawing of eavy ads f r more dif CUI . It is common knowledge that concrete is far superior for heavy traffic purposes to asphalt, 2, The said Sanders-Egbert Company maintains a large lumber yard on both sides of said. stre t and at the present -time, -which condition will undoubtedly continued, transports 11eavy to s and timbers across said street. This undoubtedly will prove far more damaging to an as0alt•. pavement than to one vonstructed of concrete. 3. This street will be used generally for heavy traffic purposes and therefore .requires a very substantial pavement . It is highly improbable that this street will ever be used for residence purposes. OLIVER CHILLED PLOW WORKS, BY JOSEPH D. OLIVER,. President August 27th. ,1920. FILED Aug. 27,1920. BOARR. 0�. F'q� IC WORKS 1. Pres ident, 1".14P'res ident.