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HomeMy WebLinkAbout05/18/1921 Board of Public Works Minutes43 1 E Board met in regular session at 7:15 P.M. All members present. r 1 ; Hearing had n iesolu�tion for rade curb and walk on Hastin s` Stree from Clifford Court to Al,ey vest of Sixth tree, under Improvement"Rego �utiox -No. 8g. In the City of South Bend, Indiana. Upon said hearing o reincnstrato.s a pead and no writ en a ein 'full advise in'the remises~, ecides that remonstrance -was, filed. And -the Bota� � g yP - .the benefits to 'property liable to be assessed.for said improvements are equal to the. estimated cost,:of the same,..as reported by the City Civil Engineer, and thereupon takes action on .said res lotion as originally adopted, and the same is hereby it all things, ,, xatifted, confirmed.and approved, Revolved further that notices be published on the 21st. day of May 1921 and on the 28th. dayy of'May 1921 in a newspaper of_ eneral circulation in said Cit t stating that this Board will receive bids for the construction of said improvements up o 10:00 A.M. on the 7th.•day of June 1921. The Board teserves the right to reject any and all bids. Hearing had on resolution for grade, curb.and walk o`n Emerick Street from Howard Street to Loeper-Avenue , under Improvement Resolution No. 870, in the City of South Bend, Indiana. . In the above matter Attorney H. A. Wair representin Mr. Shively appeared and filed a written remonstrance. The Board after hearingintefested parties, decided to defer hearing until Wednesday May 25th., 1921 at 7:15 P. Hearing had on resolution for pipe sewer on Chapin Street and Calvert Street from Catalpa Avenue to Ewing Avenue, under Improvement Resolution No. 871. In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no_written remo strance was filed The Board be,n� lly advised in the premises, decides that.the bene its to property liable to be assess d or said improvements are equal to the. estimated costof the same, as.re orted b the City En ineer, and thereupon takes final action on said resolution as origiinally addopted, and En same is hereby on all things, ratified,, confirmed and approved. ° Resolved further that notices br published on the 21st. day of May 1921 and on the 28th. day of May f921 in the South[ Bend News 4imes, a newspaper of, general circulation in said Cityy, statingg that this Board will receive bids for the construction of said impprovements up to I0:00 A.M June 7th., 1921 at 10:00 A.M. The Board reserves the.right to reject any and all bias. Deferred hearin had on resolution for Grade -and curb Huey Street from Lincoln Way -West to Elwood Avenue, under Improvement Resolution No. In the City of South Bend, Indiana. Ix the above matter remonstrators appeared and the Board ordered hearing deferred until'June 1st.9 1921 at 7:15 P.M. Deferred hearing had on assessment roll and final estimate for water connections on Ewing Avenue from Michi an Str et to Miami Street, under. Improvemnt Resolution No. In the City of gouth Bend, Indiana. In the hbove matter the water department report that taps are not deep enough, and remonstratoasappeared and after due consideration the Board deferred" all action on said assessment roll until Wednesday May 25th., 1921 at 7:15 P.M. Clerk instructed to notify Wm. H. Burke Contractor on water connection son Ewing Avenue to lower all taps on both sides off' Ewing Avenue to four(4') feet five (5') inches' at the curb and to put same in under Superintendent of Water Works and the .City Civil Engineer, supervision. Deferred hearing had on the Widendag of Oakside Street and Woodside Street from Michigan Street -to Fellows Street=s, under.Con.demxation Resolutions Nos. 59 and 60 respectively. -In-the above matter remonstrators appeared and said hearing was orderdd deferred until Wednesday May 25th.9 1921 at 7:15 P.M. The Board ordered the City Engineer to re -check -present survey for correct measurements. Defferred hearingg had on resolution for pipe sewer on Emerick Street from' Soria Street to a point 100 ft. northerly from the cexter of Hagerty Street,^ j under Improvement Resolution No. 850. Ix the, City of South Bend, Indiana, In the above matter no.remonstr-,remonstratorsappeared and no written remons- strance was filed. The Board signed memorandum of agreemeut with the Michiggan Central Railway .Company.and referred same back .for railways company s approval. The'l3oard being fully advised in the premises decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer$ and thereupon takes final action,on said resolution;as originally adopted aid the same is,hereby in all things, ratifiedo confirmed and approved. Resolved further-, thit notices be published on the 21st. day of May 1921 and on the 28th-. day of,May 1921 lir,the South•Bend Daily New Times, a newspaper of _.. General circulatiox ix said Cityy' , s that this Board`wi 1 receive bids for thhe construction Of said improvemeat up �,00 A.M. JU16 ist.,, ig21. The Board reserves the right to reject any and all bids-. 44u Th Allowing memor dum of re. ent signed and returned to the Michigan Central RaIway Uempay'or confma' on. MEIN©RA UM OF G �+t�I i �hi s 8th d of M A D. 19921 by ang e�ween tAe MGANMNIT ftlmlb ANY ereina er ca� .td the, Railroad' -Co. any ,., and the City of South Bend' _Indiana, hereinafter .called the City. WITNESSETH�OP' Said railroad Company in consideration of the sum., of One ($1.00)` Dollar to it in hand paid, the receipt of which is hereby acknowledged, and i(ther' valuable considerations, hereby grants to said City permission to pace, maintain and use`six (6) six 6); inch tile laterals across the right of wayand underneath.the track of said Railroad Company's South Bend Divisiion, so-called, at a ppoint south of Hagerty Street,jin connection with the proposed sewer about to be lal.d along the e st rl side of merick Stye t hie street d��jj ins said R 1 d Co pan ts:: r h or way on tfe east, a ed Eater to be 3°� across satfigght o ward �s locate' uppn and across lots five �5 six�`, seven 7) and ei t8 Coquillard s First #ddition to the City of Sout tend St. Jose h u t , Inana, as shown on plan, Contract Book 17: Page 15 'hereto attaehed anod a eby made a part hereof, for the pur ose'of serving the portions of said lots lying west of said Railroad Company's. rig t of way: a ranted convenants'and agrees'withdsai Aai roa�sCo patioai lt�ie permission hereby / g � g Company as o ows; � • 1- That said laterals shall be laid and maintained at a depth of not an�s$ha�` �iggroflejewjthej�aoehtipp se he raps of said Railroad Co pan 's Track �ean`or sa e y as we are usua an c� proper .. in such oases: 2. *That &JIL work herein contemplated shall be performed under the supervision 4n4 to the satisfaction of the Chief Engineer of said Railroad Company, and -said Railrdad Company shall be reimbursed by the City, upon presentation of. roper bills- ipense r an and all expense incurred by said Railroad Co any in earli� F. for and supporng its tracks during the performance •of any work hee a n contemplated and all other necessarily incurred by said Railroad.Company'on account of the placing, maintaining, renewing., repairigg.or using of said' -laterals, or the removal of same from the right .of way and premises of said Railroad Company. 3.. That it hereby assumes and agrees to bear and pay al'l loss, damage �Rg8 'pmi;sgRpRg� h £ n `�� isu � lfTWi"yfj,%%th-118g ; Agin n- taining, repairing ,,using or remov ng of said laterals, and will indemni y and save said Railroad Company harmless from all responsibilty and -liability so assumed o iA'anyemssaid Cwt �itutabloemt ere oats and ,expense arising from, griming out of, pr 4. This permit shall inure to the benefit of, and be binding upon he sue a sors.and assi ns of the artt es h reto a d sh 1 c nttinie f roe unt 1 ermina eo by either-pa9ty giving o..tha other nit ass than �hirt 68) aays written. notice; avid said City hereby agrees that, on or before the termination thereof, it wil remove said laterals from thepremises and right of way of said Railroad Company and restore said right of way and ppremises to their former condition, and upon default of said City so to do, said Railroad -Company may, at its option, do such work and - said City hereby covenants and agrees to pair to said Railroad Company the ent1re cost and expense thereof upon presentatibbin of bill. r IN WITNESS WHEREOF, the parties hereto have -caused this agreement to be duly executed, in duplicate, on this respective behalf, as of the day and year first above written. t THE MICHIAGN CENTRAL'RAILROAD COMPANY BY W. H. HUTCHINSON Real Estate & Tax Agent. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS. BY G. A. ELLIOTT H. F. ROSTISER JOHN F. DEHAVEN Deferred hearing had on assessment roll and final estimate for Grade, curb and walk on Chapin Street from Indiana Avenue to Oliver Street, under Improvement Resolution No. 745. In the City of South Bend, Indiana. In the above matter the Board deferred hearing until Wednesday May 25th.0 1921 at 7:15 P.M. 4411, I _ Representatives of the Chamber of Commerce and property we ers a eared before the BoDoara rd i re and to petition res nt f r the Wideni f Ma n Stree f om Colfax AAve, a to a S Ze venue pThe tt r o� w en�n and resurlOng off avmen was discussed an the instructed 'the C ngineer'to p epare reso uton, o �Ae widening of Main Streetd.from Colfax Avenue to �a_Salle Avenue 'to x sixty six s96� opposed and.resurfacing of rod way. Mr. Fulk appeared and stated Mrs. Wyman an h was opp to Main Street being widened: BBids re.etved for sewer on Longley Avenue'froni Coll_gge Street to Wilbur Street, Washinggton Avenue,from Sunnyside Avenue to Jacob Street, Lebanon Street from Broadway to Indiana wire all rejected on account of being over the estimated cost and bids were ordered readitertiadd for•bids,June 7th., 1921 advertisements to be May 21st. 4 11 21 Ind Ma 28th. 1921 in the SoutY! Bend Daily News Times, The Board reserves the right t� reeat any and Lll bids The matter of awarding of contract for Trunk sewer on Indiana Avenuevfrom,Prairie Avenue to Olive Street was u for consideration and it was decided that this -matter be deferred until Friday May 20th., 1921 at 10:00 A.M. AttorneyArthur Schell n era eared "before the B and and presented Ma, and petition for the opening of a.hg wy fr� Sample Street towing Avenue: petition and map' -filed and resolution orded erprepared. a PETITI ON. fi0 THE HONORABLE BOARD OF PUBLIC WORKS. of the City of South Bend,_ Indiana.- South,Bend, Ind. May 1801921. . ......... Gentlemen: ° ......... ° We, the itzid6fdioed property owners, dosespectfully petition your honorable Bod to open �►ecordi g°ta .Ia°w °a 'phis °id `street 'sixt ((60 feet wide in the City of South Ben e to extend -from 5� e Street due sou h n the t�e� one-ei th section 1 he of Sections Nos. Fi teen t 151 -and °twenty . twdu�°22� in Township No thirty -seven M) North, Rangge No. Two 2 East, too .int4ersegV.Prair.i,e Avenue, or the City Limits in said Cit$; to be thirty.,( 6J feet wide on each side of said eigght% section line. Ind we herebyy dedicate from ande.by us sufficient ground on'either side.of"said eighth section line for said proposed street for public use. Your eti i, e°rs ,gt�t,ge tat %1%:LS, ,petition a map or plat to be a part her shgwin the course an aistanee o said proposed treet, within red lines. We also, shown- he north and colored yellow, thirty-three f33) feet in widt.�) or one rod wide on either d of said ighth ectio 'line through the north west quarter of Section No. Fifteenfi5l aforesaid whice was..jaeretofore reserves and dedicated for a ublic highway i original -deed to the then'owners-adjoining the same between the ears 1858 and 1895, and noty action of the County Commi stoners. That said road was ed(ablished lyon�h�eihor to the e�xistinn6 to the Penninsular.Railway now Grand Trunk Western Railwa crosses the,same,.and that said portion of he proposed roads colore yellow, has al s been used as the'.only means of access to lands ad oining the same. Reference is ggad o Deed eoords Y, a e 555 AH, page 77• AI. Pa a 241 pa e. 292 and page 301; and vol. 3� Page 13, in thepC©unty Aeeorder�s �ff ce establishing aid road. And your petitioners would further'say that the portion of pMposed road at the south end, colored green on said map now open but was never formally dedicated. And yourpetitioners would further say that the aldns through which said proposed road is to run,.are mostly unimproved, and were taken into the Clty limits inexpectatioulation that the of part soon be available for homes and reisdences opart of theC3it po p and now to make said lands so available and accessiblpr.it would be necessary o lay out this proposed street. It would open up a route for farmers and others using Prairie Avenue, to reach the west part of the City, by the shortest distance, and would be of general public utility and advantage. And we will ever pray, NAMES FILED MAY 18,1921. BOARD OF PUBLIC WORKS BY G. A. ELLIOTT President. NAMES W. K. MCHENRY ertrude N. Myers illis A. Bugbee Elizabeth B. Schock Amalis M, Schellinger Joseph D. Oliver Mary E . Funk 'r 42 Wedneada M_&Z 18tho 1921,C nti ued ,>< t Contract and bond,lf Williston Construction Company for Mexican Sheet Asphalt pgjveementon 5 inchpbase, � eneh binds and 1 inet tap on Thonso Street from Portage Avenue to a Dint 1 t east Sf the east i of Broo ie d Street Wilbur Street from Portage Avenue to no th line of Keller Breet, Stocker Place. from west line of Porta a Ave., to orth line f Keller S reet Adams Street from South line of Hamilton S to north line of Kei�er St.°Cole etre-et from South line'ef Hamilton St., to nor' line of Keller. Street all in Martiqn tto Park and under improvement Resolution No' 876 was approved by the Board as fol piss- PVBLI C IMPROVEMENT CONTRACT This A r'eannnt,. Made and entered into thi 1$th. day of a 1921 ` byy and between Williston Cana ruption Company of the County of S Joseph, and t to ©f Indiana hereinafter referre to as to Contrabetor ), d the Cit of Sotd, in the County of St. Joseph,, <.an State o Indiana, y and troug itsoand o e Works (-herei fte refe red to a e " Cit " rider an b3� virtue of Act o the e e 1 sset of -the red atra n11tou � Concer in u ici a orp9rat ohs, approved l�arch,4,10 , af� amAnciatory aria supp�eUn � ac�s thereto; 'witnes eth that the contra tto covenants dares to co strut sidewalk, Mexican Sheet As halet pavement on a five �5 inch base, ne ned one half (lin) inch -binder, and one 17) inch top on Thompson Street from Portage Avenue to a poilb po nt 143 feet east of the east line,o Brookfield Street. Wilbur Street from Porta e Avenue to Keller Street, Stocker Place from Port&gge Avenue to Keller Street Adams St, from the south line of Hamil•t,on Street to the north line of Keller Street, 6ollege '' tree' fr i t e outh-Mine of Htmhlt%R Avenue tqd the not li e o �ller'Street all n Marque_ a ar in t e City o ou en , In Tana an or he o owing priceA:- 5700 lin. feet of curbing per lin ft......... $.60 42796 eu., yds, of grading per cu. yd.,........1.10 9960 sq* ft. of cement walk per sq. ft.........25 - - 8 storm grates, each....... ........... . :..14.00 224 in. ft. of 8" inch conduit pipe, per lin ft...:1 00 40,inlets reset, each �.......:........ 4.00 4' 17 manholes reset, sash ................... 4.00 • 180 lin. ft. of marginal curb er- lin ft... .40 17309 sq. yds. of Mexican She e Asphalt pavement on 5 inch base, l� inch bi-tder and one inch _ top'a.t per sq. yd................::...........$3.87 and so pe}'iorm �l work m the;prrosecution of said improvement under and according to the terms and con- _ Aril 26 1921 dtt atts �ii< iinprQvCmenttRe scf}t3ttoft Nq. -- ,-- N_ .__, P ,ado tea b #she Board, of Public 'IVorks.....P_° .•,...,, a� t a plait I prpf}le aid d speFifi tintl$ r file in the pil�iee ;of tie :�clartrueq# f Publ}p. VYorles. w+ili tram re } tfboj- ai t;N r end- steclficat�ons are..maie a' par« hereo€ as sully ati effectttally as 3f copkd.'SM4" set oiitfiereii at k WmR a+ 91r 4est t�rer a ly covenantor Aod agrees that in the rrosectttion said w6VV a11vR+oper' s'kili and eai �r ilk tk exe+Fcis hat he �viWpr""4a +�• rd srd F +act all etc �;tibne nA dan�erou, s daces, and,�viff'U$?b af! stya aid; p�orirr trecantieri to previ.rt injury ,+n :ry persoa �r:prat► -rty; that iK +he eve attit�jur dilitlsgd'retµltinr froth the wf+si fx `r,S�td r=:from 1rv,nstter or tt►ins cnnreccFd.therevtith' c,. a istng Mceleffftl, fe "&ny p�er3tltl-6f prof* ty,.lf�E`fw+il y andligetiaate the same atliis own expense, and.'as-* stterie10116,hAility� therefor; and in the event of ani el�itn orc-tair*�sf�ein=.made sr:aat actfen or actions bert �. ,t§ ~. >tght.atatect ,the eity by reason er an account of or growing out of sail'�iork:or Its ca'nstrvction, the sv �co tracttir'-will at his own expense iefend the same, aria%- 'll an "ud dit,.recovered therein and will in �.• k all cre$peets fully,a deain:`£y and save harmless said pEtTJts,ofcers, agents ot'representatives;4rbm All cost o­.juagtneat,regovered in .connection ivxtll=such claim or. claims, actiert`or actions: And i within tan' iajrsa�tet"any such action is beattn, .thta csty;- sl�#f . notify Hie. contraeEof _of the pendency thereof,. - thin �y jndgraerit rgtderei against the csty sitall>6e oonclnsive agarnst;the contractor atid'against tine �ttrety. ' psi tins aOasilrCtaau bard„ as to tb� amouast, liahikay and other maxters pertairiinb tk}ere�.i' And the contractor areas to maintain said im},rovenent <.::, :ai;E au h reparrslacg may � u.t 3 �ry'Rt,r `` the period and in the manner as fixed by the specifications, and to sec; re t.•ie`nram ance and repair``tn� .,f to file with tare Board of Public Works a bond with sufficient s•:r,;ty thereon and in, an amount as fixed by'>:.: :specifications. And in doing such rq-air wor'!c the contractor <nd the surety on his guarantee bond shall b, subject to the sar_•ie liability.to the city and any other person for any injury or damage to any pers c. ; or.,pr p.- erty in the same manner and to•the same extent as is fixed in the last precediria paragraph covering the,con- struction work. And it is further agreed by and between said r.:.rt`'.2s that the acceptance of the work' provided for-in.,t,Us contract, or the payment th^reof, shall not constitute a waiver on the part of the city of any of the prwis- ions of this contract, nor shall It release said contractor or the sureties on his bond for the faithful peYfv;r ' ance thereof; nor shall the acceptance be prima facie evidence of the pettiormaiice # any provision of. -'this contract, except to the extent of entitling the contractor to the contract price therefor, The contractor agrees to pay for all labor and materials used or furnished to be used in the making -of such improvement and in the performance of this contract, whether done or furnished for him, or his, agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or ti = assigns, or out of the amount due him or his assigns upon the completion of the work, so much as mai cessary to pay all laborers or material men for amounts due them- -f6r work done or materials used or furnished to be used in the performance of this contract and the doing,of said work, and the county treasurer, acting as city treasurer, may retain money collected from property owners assessed for said improvei,ieat to pay such debts or until the contractor shows that they ha,ye«been paid or satisfied i 4 3 Wednesday May i18th., 1921. Continued '.,e coax -ate or agrees to remo-- 2 all rubbish, earth, and unused material in the streets or sides tiii :-rc at upon the completion of the improvem nt or the repairitig thereof, - The work of making such improv merit shall be'completed according to the terms of this contract on or before the.................................................. -- - -- ---_-day of - 19..,......, unlessi the time for the completion of the sar-e shall.be extended in writii g by -the Board of- Publ-'c Works. And it is agreed that any such extension of time, or ary after< -.;Ott of this contract or.of the manner or, meth- od of doing such work shall in no way affect the duties, obltg'ations o'r,;l a.hilities of the contractor or his sure- ° • ties It is agreed that the contractor shall not issicr this 7 •t, or st;b-lef the work or "any part,thereof to ` be done hereunder, wi;ho:-t 4i— v, ri n co:. ^t of the I< : rd t f P ')l+c'Wc r?rs. It is further agreed -a d yri , 1, 1 ti 'contractor shall' Vre to residents of said city and county preference in the emplo;>n tit of ail la;ior i ec nary in the per forn"tance`,of, this contract, and failing to do so, shall forfeit to the city the sum of t:-n dollars for -;each failure'to,observe this stipulation. And upon the performance of ail the ternis and ,conditions of this -con tract,, acid things to be done and performed :by said contractor the said city agrees to cause the cost ol. dying 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- raents: To each of the conditions and stipulations of this contract, including alt and singular the provisions acid terms'of the plans, profile; specificatior*s°arid arevolutiot3 'aforesaid, tl9d undersigned binds himself or itself. and the respective successoa of assigns -of asrich parties. ° In Testimon Whereof. Wethe foregoing named parties, hereunt© set !our hands this 18th. day off' May' 1921 WILLISTON'CONSTRUCTION COMPANY' CITY OF SOUTH BEND, INDIANA. BY E. A. COATES Contractor BY-G. A. ELLIOTT Vice Preident. H. F.,ROSTISER JOHN F. DEHAVEN ItsBoardBoard of Public Works., CONSTRUCTION BOND at:1 r;Aen lyy dyuiss_ prebats. That we-- --------- ------ of the County --------- State ------- _--........ as princi- pal, and ---------------- ------------------- -- �'i�.Qb>w L2]CiEIDIl�i;� rsDlli}2 ---- ---.:. :,. __...................... of the County of. - --------- --- ------- — ----- - ---acid State .of, - ---- `........ ..................- + _,,- 4 as sureties, are held and firmly botind to the City of 86uth.geiidl ttidtana; ifi the sutrsrp# v ............. ..:......._. .hil ,-. � . y-- ._-text CL/140�38.849 .40 ) for the, payment of whkh, we11 all „tia1 to 1;� ih$ L11 �1 � 1 n8 severally blxid ourselves, our heifs; executors, admiit§trat&j a fii ,a`ss`t S; Arixil b #i lit .fig t1l.._ The conditions of the o�iligatiozi zrt siic3i C�isi 11H A�ilfve _----- --- Ili-il.lis.ton-.-Cons_tru-ction_-.C4aldpitrfyithfully comply with the; foregoing cosy a.-t, tf <!e andentered into the 1$th, - da of ----�. ----1 1------1 I9........ with -the, City oi- South Fer_d, indiana and shall fulfill at(thA c6iiditions'ard3stip�tto is therein contained according to the true 'intent nd. rneaaing thereof, in all resitF '�s then .this obligation o be void, otherwis- to be and remain in f-.tll force and virtue in law. In the eve, the said City shall 0teiid the time for tha r completion of said: work, such extension shall not in atiy way rClea.s,e `the sureties on ;this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the :.ai}itenance and repair of the improvement after it has been accepted by the second Party, but such s.ur`.eties s}iall be held responsible for the fait'-fui compliance with all other conditions, stipulations and requirements ' c ,A L)y or set out in the contract. y v'� ITNESS our hands and seals this .........-15111..-----......day of .......... ....7 MiiY..., . ._.•...1TY--- GOMPANY...;(SEAL) ......... ZLL►IB.TA�%.:CA�d. T I?�u�.°C Y BY WM. HAPP (SEAL) ..:...$Y E. A. �.�.E....ficwe,, Piet• Itturney--- i-fac-t-_---------•-- ..... .., °. fop The above bond approved this-.-___.. i8t,�h of.... .j„Jax... .................. ,� 14... . G. A.ELLIOTT-< - d ONE--' .._.IiEAAiT�N Roar;d of J uii%c Works 44-4 r PUBLIC IMPROVEMENT CONTRACT* T$ISAGR SENT M de d ante d into this, h d o f M 1c�21 by and between McCreEad-- Cttsr.`. andie Aetna Caa,susq �& rety bf Hartfrld Conn., as suret' o t e County�o St. Josephand State-OYLIndiwm (hereinafter referred to as p �`�ie Contxactcr , >a�nd the Cat of .Bauch Bend in the Cmu ty of St., Joseph, and State unf India2a, b_ and through is'Board of Public Works, hereinafter referred to xis the City") -under and by virtue of an Act of the General'AsseWbly of the `State of I diana, entitled An Act Coneernin Muniici 1 Corporations, approved h�arch 6* 905 and all $mendatery and supple ental a -a thereto:- Witnesseth that the contractor covenants and agrees to construct av�ilnt� on Sorin�Stieet ro? Emerick Stleet�to Neddo Court, in the City of South en n iana at an art e o owing pr ces. curbing per lin ft....,....".......... .......40 91'cu:. yd: of rading per cue yd............ .95 g 370 sq4 yds 0 7" concrete per sq. yd....... 2.45 aad to perform all work in the prosecution of said impYoV etaf tL the te'_ r?a r.. n ditions of. Improvement Resoftttion.,No 8.5.4_ ........ adopted bythe Board of Public Wcr1cs... BrCh 15 1921 and the plan p oflle +aittl'tape i-fircations on ftle to the: office of the Department of Public Works. which said' resolutlotl, an , t OROifica.tions are made apart hereof as fully and,effectually as if copied and set out,liere}i iule;n�i The Captractbr ftirther ex#ressly covenants and agr".8"64i in the prosecukloti of said woi'1e 9:11."proper skill and care VI b� exerciseiif, that he j;11 �rqn'*art I i r• )• + all excavations ar• dan e and �v+il 104, &C od l�tfa�,el' �fecautjerl to pfPye�+t injil v„to .rv.person or r-cr «y; trot ;-1«tip � places, any tnfu y o Manage re�tffting rem the wnr?. orgies?}}tir from; a�:v f^ +ter or th+np "err^�'Fd tlierets+iti; or arisifig t ihrei'rcam, I* any person or property,. he _,xrHl.pav and. li ,��id7. the sane at Pis et•m ex nse, 9+,d a.s= some the liability therefQr� and in the event of. any claim or claims, bP+ng made or are action P y s times h brought against ,;the city by reason or on account of or growing out of s- id work cr its.ccr1tr,icti^-, ,;::_s�;A contractor, will °at,his pan expense defend the same, and will ply any judgment recovered therein, and w".. - all respect$ fully indemnify and; save" harmless said city, its. officers, agents or representatives from akt c'r�t expense, Payment or judgment recovered in connection with such claim or claims, action or actions. A -;a` within 'te'n days afti#; any such, action is begun, the 'city shall notify the contractor of tie oendencf then thm—axy judgittei3t relxd�er�d aj-ainst the city shall be conclusive against the contractor and against the surety ' 1 *QaS �,rctix�as "tp th- ar: xs-t, liabilivy and other matters pertaining thereto. And the contractor age: ees to maintain. said 'improv;=i cnt aiw t ml.e sure repa,r, W:. ,ay ; nt c4ssar, the period and in the manner as fixed by the specifications, wad to stc,"re sae raaint=1a;ice and repair th �rcaf to file with the Board of .Public Works. a bond ,with sufficient surety thereon and in an amount as fixed by h­ specifications; And in doing such repair wort. the contractor and the suretyon hi subject to the sar::e liability to the city and any other 'person for any injury r dare:a�;'e `toranyepebond oshpl ale arty in the same manner and to the same extent as is fixed in the last precedin paragraph covering the con. rF struction work. And it is further arteed by and between said r-,rtias that thaacceptance of the wnrlc proJided for in thfs contract,:. the, payment thereof, shall not constitute a waiver on the part of the city of any of the prpvis- ions of this contract, nor shall it release said contracaor or the sureties on his bond for the fartiiful perform. an thereof; nor shall the acre tance be P prima facie evidence of--thi performance of any provision of this contract, except to the extent of entitling the contractor to the c-onrfact price therefor. The; contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent' assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in .favor of the contractor or assigns, or out of the amount due him or his assigns upon the completion of the work, so much as. ma, .1 work done or materialcessary to pay all laborers or material men for amounts due them for s used or furnished to be used in the performance of this contract and the "doing of said wprlt; anal the county treasurer, acting as city treasurer, mar retain money collected from property owners' assessed for said itnproroxie*it to pay a+,tch e�!its � ,,%" -'ue c_m• t r &,�!l-.,s t,9nt they have becn paid or satisfied n ' l 3L' el.s to remo+-� fill rub; ;5ish, earth, and un�:sed rriatecia.l in the atfi%Ata t)t si�i ��on: the cornplekion cr the improvemr :it or the repairing thereof, The work of ma.lcing sil^h improvement shall be cornpleted RPcordirrg to the terms of this, torntr'act oft of before the. .... ............ unless the time for the corrmletisn of the same sh^li b� ..,.'. :.:::::::,:::::::: ":::` ::' ::::::� l�:•:::>:-:, And it is agreed th .t an I - + e ertt'1({ed it, i " * g by tha board �€ Pubb Werlts. y _v. h , en ion of tip ,e, or any alterr_`?on of this ct±tract ®c er€ the itianiict Of meth= od of doing such work s.ha.tl in no way affect the duties, obligations or lipbillties of the contfAetor or his sure= ties. It is agreed that the contractor shall not n.ssign this or suh=let the work or•ariy pact ttiereof•ta be done hereunder, �vithoi t rho of the F, ,!rd cf P.:hlic Works It is further agreed and stinulatrA th 't r'.;. cnntractor shall give to residents of said city and coufliy preference in the employrrr nt of ail labor necessary in the perforance of this Contract, and failing to=dQ'so, shall, forfeit to the city the sum of ten dollars for each failure to observe this stipulation, And upon the performance, of all the terms and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be a.asessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of ®tick improve; taents. To each of the conditions and stipulations of this contract, including all and singular tha prOVISions and terms of the plans, profile, specificatiorra and resolution aforesaid, the undersfgi�ed and th14.respective successor or assig is of such :parties, hinds 131ittsglf or itGe}f In Testimony Whereof, We, the foregoiing named parties, hereunto set our hands this 16th. day of May 1921. CITY OF SOUTH "BENDS INDIANA. MCCREADY CONST. CO. G. A, ELLIOTT GRANT.MC CREADY. H. F. ROSTISER Contractor. JOHN F. DEHAVEN Its Board of Public-lWorks. 45 Mj U&&JAIL,4 10PI - Conjing'-d dikm pets. Than we.....sL... .=. s l ph, State..v.:..:...�...�X3.E�. --i - ---- -� ......... .:_.......__:.. ;....and State of. .... .,.,.mot___.._--_..._..._.._----� a§ §i 4iE'§; afe Mid afid ,firmly bound to the City of South Bendy Indiana, in the sum ®f................. Four hundred niret� six _--1� 496.,00 t E Pi refit bf whirr, ea�li a@� truly t® h� made, w� ,Jointly ah� severally �}�d 0+�f's�l'#�§1 O�f �?�it�{ ° llilpi%t li�fr§ mid 'pgigig, firmly. byf Oes Teti re F lI�iOFi§ 4 Vht� f4bli tjiiob art mich. th t.;aif the ibb#i Bai Mc,e�dy Constructii Colperty li fa;a lly C� 1 y tl:C z e i t ; tzred into the 1 ►t►il. - --- ..,. ...... dayy of -- -- .._.... M4"" 1921.. -- ------ -- ------- 19_ ____-- h Ole City of South Ber_d, %ndian� . and shall fulfill alY the conditions and stipulations therein contained Dr ding to the true intent' and meaaurg thereof, in all resp-F -ts, then this obligation to be void, otherwis- :o be and remain in f:11 force and virtue in law. In the eve: .--he said City shall -extend the time for tl;� pletion 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 tlx a:_cee-nd repair of the improvement after it has been accepted by the second party, but such sureti t __ _ responsible for the fait'-{ul c^ _ l _nce with all other cc i_ions, sti�itlatior.s and feglLl kk; :. CT szt Q-' - I="1 y'VITNESS our hands and sea:la tlta%-,::•:-==-.l6th�- ,-,,.--:d43d - ---1QP1....:.� 19.__ '8Q : a�t1i► �a;a],i„..iic�iL .K--.(SEAL) BY L. E.�.7EENAIJORM BY M. CMCCREADY LS i`�1 ) — }nrnAy 11 nf„gr+t •p� .� • �_ - _. 18th. Msr The above bond approved this ....... __*-------------- ------- -..� . _ELLS i22".� - --------------- H. F. ROSTISER DoArd of Pv"he W The,,following claims were approved. G. E. Meurer & Son -099.00 C. H. De Frees 10.80 Lontz Bans. 3 00 Henry Ec#ler Mfg. Co. 129.75 H. E. Iseman Co.- 15.00 Hunch Sign Co. 46.00 C. F. Pease Co. 6.79 American Trust Co. ' payment on lot 120 and 121 1,608.39 Horn &.Dunn Add. Barrett Company 24.25 Wilber Warner court costs.-465.25 _ e Presi ent. ........... .. .