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05/31/1921 Board of Public Works Minutes
'tie dgy May 31st . , 1921 Board met in,regular session at 10:00 A.;M. All members present. ° , Bids were received opened and read on the following improvements. and were ,referred to the City Engineer for tabulation to be reporteednesday June -ist., 1.92. �t 7 -15 P 1A. Pipe:. suer` on Bissell Street -from Eddy Street to. ArthurStreet`. Bid of Hoban &. Roach. 15 inch pipe sewer per .1in ft... ... ............0 4. 0 8 inch pipe sewer, per In ft" �/5 6 inch pipe sewer, per lin ft 1 30 Manholes per ft. in depth.*.*,,.... ................10.00 Manholes, curbs and covers, each... ♦..................21.50 Storm.water inlets, each................ .°......11.00 Cheek. 100.00 Bid of Bruno De Peape 15.inch.pipe sewer, Per lin ft....'................S4.50 a 8 inch pipe sewer, per lin ft.... .♦:.............. 1.00 6 inch pipe sewer, per lin ft. 1.20 Manholes per ft. in depth.........5..•...:......•.•12.50 Manholes, curbs and covers, each......♦•..•..•..•.025.00 Storm water inlets, each..........................15.00 Check for $100.00 Bid of Staples & Ackerman. � 15 inch pipe sewer per lin ft. •..•......•♦•...•..-.$4.75 6 inch pipe sewer, per lin ft............... 1.25 8 inch pipe sewer, per lin ft.... .90 Manholes per ft. in depth ..........................12.00 Manholes, curbs and covers, each..,•...............23.50 Storm water inlets, each.....................'......13.50 f Check for100.00 Bid of Joe A. Luther. 15°inch>pipe•sewer, p r lin ft.....•i:..•:•.......t3.50 ° °8°inch"pipe sewer, p r lin ft......... ..:........ 1.00 .6°inch°pi s°sewer per lin ft........:...:........ 1.50 Manholes; er'ft. in depth ........... :...:........ 10.00 Manholes,, curbs and cover, each0000g;,,,,:.......,,25.00 Storm wager inlets. each... ......•.:...:••..•....15.00 Check for 117.00 no -affidavit with bid upon opening of same. Pavement on Whiteman Court from Wenger Street to Pennsylvania Avenue, Bid of°McCready Construction Company. ConcreteGrading cu per pavement per sq. y�d.....•.♦..♦...♦♦..... 2.45 Check for100.00 Bid of Hoban & Roach. 1 Grading per cu. yd................................$1.00 I inch concrete pavement per sq. yd.............. 2.35 Bid o Check for $100.00 Bid of the White Construction Company. Walk per sq. ft...................................25 iGrading per cu. yd..000.000♦000..000060.•0000.00..1.25 Trinidad Natural Lake Asphalt per sq, yd•...♦.•..4.00 Asphalt pavement using Mexican per sq. yd........ 3.90 Asphaltic concrete Natural Lake Asphalt pavement per sq. yd........ •.•......•3.75 Asphaltic concrete pavement using Mexican per sq. yd $3.65 Marginal curb per li n ft......................... .40 Check for $IGO.00 Grade, curb and walk on Milton Street from Miami Street to first alley West of Marine Street. Bid of H. N. Barnes. Walk per sq. ft......................................18 curb per lin ft...................................... .36 Grading per cu. yd.................................. .76 Grade curb and walk on Dayton Street from Miami Street to first alley west of Marine Street. Bid of H. N. Barnes. - Walk.per sq. ft.................................♦.,.. l8 curb per Iin ft.••.•••..•••••.•••.••.••..••..•.....••. .36 _ Grading per cu. yd...... •. 0 0 o 06,0 .-..`.. .76. I. Def red he in had.o4 r;esoluti n f cement sidewalk n Ewerig Street from Howardtre�et to per venue, ttn�er �provemen Re ut on o. 0: in the City of South Bends Indiana. }�e h Q y g abov mat r .Attorng Wair; a�pe&JAdt JgrJ0eSfii1X%;T W6980ag and Attorney Vintusones or offer proper y owner • dediced to sustainthewrittenremonstrancefiled May 18 -1921°'filed by 'Attorney m®�fiet saidr reoiuvnytonel3mhiew nrt s e o mer ckk ggttreet' e' d inmate s a f� a k St be wee Howard and Lee -per Avenue, And the Board bein fufly advised in the remises deeides that thebenefits to p premises.; propert 1i:able. t� be assessed for said p -'are -equal° to the est m%:ted cost .of the same, as ,reported by the , City Civil Engineer �, and .'t1TeVeupbn" "tUk>esa Tinu'l> %�etion on aaid resolution as modified and as modified is hnr�eby 'iV 1W11e �tb.�.ng's ru'tified, Confirmed and approved. .. O • a a ♦ • . ♦ a a a • a a. ♦ a a • O - - - . Resblveri' fu.rtheV that- nbtlpes be published on the 3rd., day of June 192.1 and on °the° 10-ti .•: day of June* 1921 in the South Bend News Times a newspaper of general virculutibh'.1 s9 ili C `tY' ' sV&'ft4g that this Board will receive bids ,for the construction of suchimprovements up to,10:00 A.M. June 21st., 1921. The Board reserves the right`to rdoeet any and all bids, The'oiwa rig, dpa and contracts. signed and -approved:. • a a O O •' O a C.- - PU13L IMPROVWNT CONTRACT*' ti ..... Thisa Atontartfli.reemerit Made. and- .entered:- into this 28th. da of May 1921 Cand b tween eor f theCow of C k a St to I1li ofKereinarter reierr o as contractor and Re ��tyy o�` �ou:h Bend, in the ounty of St. Josephs 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 Sate o and a>�1ltled " An Act C�onoer iin I u lici�al Csrporatons, 4ppr9y8Sia��T��• �,�9Q 0 acid a amendatory an supp em n a Lao s thereto: a aae>ati Wi.txt$Ssetkt, ; Qiat,. tho, pquraictor, eoyenants and agrees to construct trunk sewer on Indiana. Aven :r m 01 1ie Ttreet to Prairie Avenues in the ,.City cif, Bouth Bend, TndJq.4ae a,t. @6pd, ior, a felow, ng prices:- 1224 lift. ft'L of 30" pipe per lift ft... . .....'.... jY10.00 g40 lift. ft. Af 24" Pipe, Per lin ft...,........ 6.0.0 a 1V4'li 0 lin. ft. of .20" pipe- per lin ft...........-,.. ' 5.00 n."ft.`of'18N PiPes.Per lin ft..-.....,..... 4.50 *?90' lift: ' ft. bf ' 15" Pipe, Per lift ft.........y..... �.50 4'lin.'ft:'of 12 ppipe per lin ft......,.._..... .50 ' 020'iin: ft:"of 8°'3ACh pipe per lift ft:...,. .90 2fi90' lift.: ft: ' bf ' 6" conduit pipe, per lira ft ...... .90 140♦lia:'ft: of`manhole§'per lin ft..............10.00 43 storm water grates each.... ..................14#00 1manholes, curbs and covers, each............. .25.00 and to perform all work in the prosecution of said improvement under and according to the terms and corgi ditions .of Improvetpent R-tsolution No. .___3-93------------- _ adopted by the Board of Public Works --- M.azcxl...8.,,1921. and the plans, profile and specifications on file in the office of the Depa.-tment of Public Works. which said ' resolutton;�plans; prbfilt and specifications are mane a part hereof as fully and effectually as if copied and set out herein ate fu11•leny+.h.• • . . - .. > .. , > . 'he contractor -i- tke-r.evcpres.iy eovenants and -agrees that in the prosecution of said work all proper skill and care 1--01 be exercised; that he will property. and prof—t all excavations and dangerous places, add' =.rill use at! due and prqper precaution to prevent injury to..ry person or prontr+y that in the event-of any1hjury or damage resulting from the wor1c or resulting from any matter or thing connncfed therewith or arising :therefrgm,,t,o any person, or.preperty, he. will pay zn4 liqui ate the same at his own' expense, and as- sume the liabilitx therefgr; apd in,the event of any -claim or claims tieing made or any action or actions be -mg, lbrought against the city iy reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defenl the same, and will pay any judgment recovered therein, and will yin all respects fully indemnify and save harmless said city, its officerg, agents or representatives from :all cost,. expense,, payment or judgment recovered in connection with such claim or claims, action .or -actions.; And # within ten days after,any snch,zetion is -begun; the, city- shall notify the contractor of tlife pendency thereof, than day .}udguoe.it ree lered against the.city.,skall be.00nelv.4ve against the contractor arrd against the surety an hiis construction Ord, as to-th*; amount, liability and other matters pertaining thereto. And the contractor agrees to maiatain said improvement and make such ..repairs as:,May :�e,nec ssa.'y # . the period;and in the manner as fixed by the specifications, and to aeeuxe Vne maintefi'atide. And repair tiff :�~ A _ r to file W.1, t'te°Floater` df Pul,.iic Works' a bond �s t`suretye teen and in an amount,as fixed lzy ; sp@cifications And in doing such repair work the contractor and the surety on his guarantee bond shall 14 subject to the>sat:.e liahili_y to the city aaci r:rY crtl+er erson for any injury or damage to any per,: i or prop, erty in the same manner and to the same extent as is fixed in the. last preceding paragraph covering the co!". €; struction work. And it is further agreed by and between said r•zrt=as that the acceptance of the works provided for in t,'-,is contract, or the payment thereof, shall not constitute a waiver on the part of -the cit.y:o# any of the provis$ ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thi; contract, except to the extent of entitling the contractor to the 'Contract price therefor. The contractor agrees•to>pay tgr,all.%hor and materials,_used or .furnished to be used in the making of 1 such improvement and in i the performance of tbig jeontrart, whether done or furnished for him, or' his agent,. assignee, "successor or suocontractor ; and the city may reserve out of any allowance made on any estimate in favor of- t!-It 'cGlltracfot'of "-'I' assigns; or out* of ' the amount due him or his assigns upon the completion of the work, so much as ma; .cessary to pay all laborers or materiai men for amounts due them `for work done or materials used or :urnished 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 o�vnersea}s us, d #4r.saidaimnroverient •to day sleds deist, or uIaril°the evntractor shows that they have been paid or' satisfied -. 457,1 d & •: ,. The, coast -a -tor agrees to remo--e all rubbish; earth, and unused material, in the streets or sides thlzrcol upon the completion of the'improvement or the repairing thereof. The work of making such improvement shall; be completed according to the terms of this contract on or beforethe. ... .................................- .... - ----------day of................................ ........ ........ 19 unless the time for the completion of the same shall be extended in witi..g by the Board of Public Works, And it -is agreed that any such extension of time, or anv altera'-ion of this contract or of the manner or meth od of doing such work shall in no way affect the duties, obligations or lia.bi iitie's of the contractor or his surer ties. _ It is agreed that the contractor slha.11 not ssign'this r„ try <, or sub -let the work or, any part the to be done hereunder, vYitho+,t trp co of the lac _rd of PtFH;c. W0�Cs. It is further ag•reed.aod stipulat.d t'?.t contractor sh l,to"fe>sdents of (said' city and cotmty Preference in the employrrant of ail labor .iec,essary in the "per{d�-ritin"ce of this.c©ntxad% Ad failing to do so, shall forfeit. to the city the sam' of in dollars for' each f ill -Ire to sir"ve this st ptllat;t ri: , And upon the performance of all the,terms and conditions of .thi, coi tract;, nd things to be done and., . ?performed by said. contractor the said city aggrees to, cause, the cost oI doing such ivpk4? to be assessed, col- lected and paid to said contractor' in'tf�e manner lined by the statute governing theinching" of such improve- -meats. To each of the conditions and -stipulations of this contract; including all andsingiilaf the provisions and ' tern -is of the plans, profile, specification-3 and resolution aforesaid, the undersigned binds .himself or itself. -nd t1he rc;5pective successor or assigns of such t>arties. In Testimony Wheraai' -fey the foregoing nameA parties, hereunto set our hands this 28th. day of May 1921. GEORGE PONTARELLI Contractor, CITY OF SOUTH BEND, 'IND.IANA. BY G. A. ELLIOTT H.-F. ROSTISER JOHN F. •DEHAVEN. BOND That we------------ -- =CT@fir 6 PontaTelli tho G- sty of „l...............Cook--- ----------- ---- - ----- State of-g-------- - I11, ...... » 1ahe__ IaSiSulri t and- k' tl, . City of„a-,.«.................... ------------------------- -- --------and State of----------- New York_._ i'd'=P.s,,Ire held and firmly bound to the City of South Bend, Indiana, in the sum of ..... «...... ..w_.....,.,,„.„„,,, -Se $Mesa.••',Chausand�_One_hundred_-sevent--__tw®_-- Dollars ($ 179172-M of which, well end truly to be made, we jointly and severally bind o:.�5 �1�.s, our hears, %_=?_ngtrators and assigns, firmly by these presents. of the obligation are such t'at if the above named----- George,--Pontaelli shall F, -Mull v o.rle and -entered into the ------- ------------- 28_t h_•-•---- -- da ®f„ :, s:.:_. d 1921-t::: :-- ith the City of South Bend, Indiana. and.shall fulfill alFtht% tondiEiotiE iN §tPiilatlail§ fl 4~ ipi all +4i 1 a.f:c ording to the true intent and rmea,iing. thereof, in all rfepc 'tg, t? on thj€ al jigatloll t8 psi vQ, to be and remain in fall .force and virtue in law. In the eve-: `h§ id City §jlajj @3w-54 thi tlhle 8t M, xormpletion of said work, -such extension shall not in any way rdea§@ th@ aii €hl b8fid.. , This shall be a construction bond, and the sureties on th@ 991ft-§ §Wl flot b@ b0d he m t� :<.a,n.ce and repair of the improvement after it has been aceep0d by tt� m6bfid pafl a butt _^ -ul c.>;-vrith alo# .1 responsible for the fait' ;r s ; ,� J :S• �.- n. ;j, 1:2 ��ie Ct.;�+.i t' Ct. wt►7t� :� t_ :�,t, ..: ,� t ;h:: = th.. = _ _ May 19&1........... (,,�� George Pontarelli GlobeIndemnityy Company ..(S�;AL) _b. Leuis.._3-ii Klein." _- .................................................................... .............................. - y� A ney_ in ,, fact-., t., � (SEAL) ai�cve bond approved this.:..__«_ 1g , ------day of . pP �.,....�_ H. F. ROSTISER , -of ib>Yf�forks. STATE 0 ILLINOI$ ) COUNTY OF COOK )$S I,-E.-M. Becker ; a Notary Public°in and for said County, in the State aforesaid, do hereby certify that Louis J. Klein -of -the Globe Imdenity•Compeny who is personally known to me,. appeared before me this day and acknowledged that he signed, sealed. and delivered°the foregoing instrument'as his free and voluntary act as Attorney in Fact -of the Globe Inmdenity Company, and as the free and vgluntary�&Ct of tho Globe Indemnity Company,'for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 28th. day of May 1921. S E A L ) E. M. BECK"IR My Commission expires October 25,1923, Notary Public Tue8aay. May _')I ST0 0 4 1, I # uoarsnueu, PUBLIC IMPROVE MT CONTRACT TRIO GRE T Mad ntere�i n e this th. d of May 1q21. and b tween m. u ke count „ ,t. J s adi na E er ins ter r er egd as Ca. r , r e t�r,j?'joqhIRan ain e mu t y®f Jrase , an �,te trot soara ' P: blic WQ� rks, he e1ne. a refe red `t as e under b nwiirtue an Aet of the senera ssemb ;s he Sate of d Ana entIVA An Act Ce cerni Mu i i a C er Hunsr approved Mareh 6,119R, and' all amendatory anR supp�Omen a cis 're��. W tnesseth that the entree or e v ants an.a gross' to oust t. winter ecanneo lens a Moire DaWe Avenue rrdfs �etr erp 131v�, to t. osep iver in the City. of Sout Bend, In manta at an or t e o" Jawing pioess- 6 taps off. 'lung • side each ...... ..r 32.50 and to perform all wor4 in the prosecution of said improvement under LT - laccgrding to ffie terms and c�n- and, "t a any, pro le nsl solution No. f l$........, adopted by the board of. Public Works _--4.pr_j 0,1921 ditions of Improvement R!C ... 8 p� Specifications on file n the office of the Department of .Public, Works. which sai4 resolutidit„ plants, iif•ofilo and specifications are made a part hereof as fully and effectually as if copiedand set out herekn at ull ,length. ?he egrtractor further expressly'covenanfs and agrees that in the prosecution 'of .said work 311 proper skill and care will be exercised; that he -'It prop-,rly '� .' and l --otter+, all excavxtionns and dangerous. places, and use all due and proper prec^.ution tb.lpr!v 1t inili-v .,, -try persft nr l r*�T; r',ut i•1 the event of any injury or damage resulting from tli' w^r'- or i'ev& ng frnr*i any m� *error' hi i 'tnitYt�.tQd theretvitli or agts,ing therefrom, t• any pzrg�n or troperty, he pay and }ii;ttidate fhpanre af'his'own expense, and as- sume the liability therefor; and in the event of any claim or claims bging made or apy action or actions being brought against the city by reason or on' account of or growing out of 8- work 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 action is begun, the city shall notify' the contractor of the pendency ther^of, then a.ay judgment repdered against the city shall be conclusive against the. contractor and against the surety . iln hi3 constmction l o , as to th- an-xe-•~t, liability anal other ttcra pertaining thereto.. And the connector agrees to maintain said irrnp�rovement ana make such repairs as may be necessary to, the eriod And in the manner a,4 fixed by the a», eihcations, and to secure rae maintenance and repair thereof to 448 with VIM Board of public Works a bond with sufficient surety thereon and in an amount as fixed by :he IpeciiicAtions, An,d in doing such repair work the contractor and the surety on his guarantee bond shall -be Nubject to the ear:=ie liability to the city and, any other person for any injury or damage to any pens 1 or prop- arty in the same manner and to the same extent as is fixed in the last preceding paragraph. covering the con- struction work, And it is further agreed by and between said rarta.ss that the acceptance of the work provided for in this contract, or the payment thereof. shall not constitute a waiver on the part .of the city of any of the provis. 1911s 9f this eon'raet, nor shall it release said contr.*,,,tor orthe sureties on his bond .for the faithful perform - facie facie evidence of the performance of any provision of this @nce thereof;' nor shall the acceptance be prima Contract, ey=eept 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 Improvernwit and in the performance of this contract, whether done or furnished for him, or his. agent, a®silftee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate In favor of the contractor or t-:- assigns, or out of the aniount due him or his assigns upon the completion of the work, 8® much as mo cessary to pay all laborers or material men -for amounts due them for work done or materials usou or furnished to be used in the performance of this contract and the doing. of said Vt:firit# itt+d the county treasurer, acting as city treasurer, may retain money coYected from property owners Uses, for'said impreivewient to pay such debts or it ,,iil the cc :' - t';r,t they have been or eatiefied i ! =te c1n V-a-c' a pew to remo , ail rvh; isit, earth, and unlAsed material in the strotte or stu�4 upon the completion -of the improvemyat or the repairing thereof. The work of making siich Improvement shall be completed according to the terms of this contract on a� before the.. ........................._ .................day o#........ .... unless the time axtanclGd ++t e for the Completion of the sa. . shall h ................... .,`............................................... 19.........., wrltt �g by the board of public Works, nd it is agreed that any such ertenQron of time, or any alteration of this contract or of the manner or meth- A od of doing such Work shall in no way affect the duties, obligations -or liahilities of the contractor or his gore - ties. It is agreed that the contractor Thal} not assign this nk,tract, or sub -let the work or any part thereof to. be done h`eretinder, witho rt the titrit-en et „-nt of th.e f3nard �y Prhl++.c Works.g It is further agreed and .sti ul� •ed tbm ' • , P F `a_ contractor shah give to residents of said city and county preference in the employment of all labor necessary in the performance of this, contract, and failing to do so,. shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. E And upon the performance of all the terms and conditions of,this contract; and things to be done and pperformed said contractor the said city agrees to cause the coat of doing such work to be assessed,, col - said and paid to said contractor in the manner fixed by the statute governing the making of such improve - meats. To each of the conditions and stipulations of this dontract, including all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and the pective successor or assigns of such parties. rc.,� In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 26th. day of May 1921. i Tuesday May 31 st. , 1921,.-' Continu ed, CCFwb,�k70C*jrl01q BOND f I F-_ -. Py 0y�A Wnaft. Th t we .... ....Tha--- IMIJ& ...�rQ�Ck�:�e�:::�c �:� � �.. � O.Maox- .:.�..�.. Elf €ifs %ifi§tt ®€�_-? wa;�k �.. `... State of.. VX!s�eA ill ......—..... gg AL a}�a ...:.y.' (7� p Q }.{m y.p �jpry1( g„/� t/�; �}�]1.., ae Y .Y iSiICI �..._ ._. __ �_ �s1AnA. d.V;t�a...].L&}i..�.i�.IK..B.7t�./J+ieHh�d.M.. hVa8Td6s..i,.9.'STlb:i'L...JL.�dOiniG.:lHed... .. of the �ogflty _i.-+Y..R :..B014, Y ....and State o€............... c dr-0 41& dnd firmly bound to the City of Squth Bend, Indiana, in the stria of.,.,....... le�►�n _Thousand 1�Tine hundred sevrenty three --- sand, t :.. ,.. Y..........................Dollars (D 11 00 � � � t � a1t1 hi *@11 and truly to be ma,dr, we jointly and severally bind oi9r s<,lvc;re; c� ,f 73 a:nd flimly by these preknts. r of tho- ebli ifign are such that if the above named .....,e. , - The White .............. --- - Construction C®mp faithfully comply vit�t�etoa tbAt.x:a.'A, made aidnteed into afie La;-- ....---- -- - day with the City di 36ii H EMd Znldlab 'aha Isfiall fuffill alP the conditions and stipulations therein i'atttaf nest according to the trueintent `:°,' mt-Talri'g' 61febf, ri ail resferts,_t'hen this obligation to be void, otherwise to be and remain in' flailtrtd virtt.,- in law. ,In the eve:~he said City shall extend the tithe for the a�v-., r. . �i -vi1r i. •.'i not'it ~,*'I *w,�iy'r0tase -the- Suretle$ oil --this bond. b® lotion of acid v�ert�• � his shall .be eQn£t�4ron,.,r.ir-tii! t-- *'!s°crr tht same shall not beheld msponsible for the a maintenance and repair ofi tiat a.rnr-*Dvemenf after it h7is been accepted by the sec6nd patty, but stick sureties shall be held responsihle•fet-the' fait`, ul compliance with all other conditions, stititilatiob..s and ref�tiirea��' covered by or set out in the contract. WITNESS our hands and seals this........., 27tht.......... ::day of..,,.-... mar-ylan—d-- Casualty ---Comp. ----(SEAL) 111Q_... W—hi.tie.. _ QQ.n.s,truotl_o.n...... o � �( l✓�r.'. ) BY EMIL,;P. HALKEY M. E. White Pres. & Treas. ........ --_------_----(SEAL) ....H:...B-� .....DETWEILER..._ ._ ....... The abo-ve bo'rid, approved this ------------- r --------_ G. _AA.... ELLIOTT ` � Ro9rd of Pi-,blin, `,70rl'S. EngineeringDept. psyr6ll allowed.. $430.00 The following communi ation received read and placed on file. May 28th., 19216 The Board of Public Works South Bend, Ind. Gentlemen:- ATTENTION: MISS VERONICA SWEENEY We are today in receipt of your letter of May 24th. with refer- e to r airs to av me t o Eddy Street and Mishawaka Aventae. T3af.s.. matter - wni j rece' ve our pr - mp, a tenntion. J' Very truly, - THE WHITE CONSTRITCTION COMPANY HBDGVNI. - - H. B. DETWEILFR FILED Sec,y. MAY319192I, BOARD OF PUBLIC WORKS.. BY G. A. ELLIOTT President., ' Engineer filed:assessment roll.'-and.:final .estimate fbir,Trilnk: sewer 1 on Michigan..Street from 25 ft. N. of Fairview Avenue to 2000 feet S. of center of Donmoyer Avenue under Improvement Res,)lution No. 747.1920; J Resolved that the entire workounder theabove resolution and the � contract let thereunder be in all things accepted and approved and that said final estimate be allowed. Resolved fixrther-_the;t- notices inform required by law be published on the 1st. day of June 1921 and on the 8th..day of June 1921 in the South Bend Deily News Times a newspaper of general eiruulation in this City, setting and fixing the I5th. day of June 1921 at 7:15 P.M:.at the office ©f this Board in the City Hall South Bend, Indiana, as the time and place when thbd Board will receive.and hear remonstrances against the amounts of assessed against each of the lots and -parcels of land on said roll, and will hear and determine whether such lgts and parcels of land will be specially benefited by said improvement by the a.mounts.stated and set forth in said roll. T r PUBLIC IMPROVEIENT CONTRACT„ s A re rent Made and en e d Into thi 31\ t e of A a 1 2I bby and betTeen W e C ns ruetAon Compare fl� W �Couj� y o 'i3 'wan ee, and State of 3seons.in hereina ter re errs to s th Contractor � and the Cit of South Bend in the Count St. Jose , and St to o Ind anal b en through is Boar of Pu ie j y Works ereia er-referr a it and b vitae of an at o e _t©. t an General Assemb�y_of the State o rndiana, entitled An Act Concerning Mu�nici aI Corporations, app roved March ,19905, and al amendatory and supplemntal acts thereto: >�li�nesseth, that the contractor"covenants and agrees to construct- ppavement on Notre Dame Avenue from Jefferson Blvdj 'to St. Joseph R'ver, under Improvement Resolution No. 855 1n the City of South .Bend, Indiana,at and for the following prices:- 355 lin.,.ft.. of curbing per lin ft:. ... ...:.3.65 1772 cu..yds. of grading per eu. yd.,. ................1025 10 storm water grates, each.-. .... ..............14.50 350 lin. ft._of 8" conduit pipe,"per`lin ft... . 1.20 10 inlets reset" each . ........................... 3.00 4 manholes rese�, each.*. ............:....... 3.00 5 4 lin. fds ©ofmriiidl eurb per lin ft........... .40 4 7 q. y Tin ad Pavement per sq. d...... 3.80 y and to perform all work in the prosecution of said improvement under and according to the terms wA cwa- ditions of Improvement Rtsoltition No......05 ............. adopted by the Board of. Public Works... IdlM011..�g,.1921 • and the plans, profile and specifications on file. in the office of the _ Department of Public; Works; which said resolution, plans, profile and specifications are made a part hereof' as fully a,r{d eiFectuai1� as if copied -and set out Nereid at full length. ° The .contractor further expressly covenants anil agrees that hi the prosecution of said work all proper skill and care'Nvi"e exerciseil; that•he tv;ll properly "-Ir.! and p_01"^ct ail exc3vatiods anti. dangerous places, and will use all due and proper precaution to.prevent lInjury M —ir.•v per§oh or p r�sr, that, i•j *h^ eyent nj; any, injury or damage resulting from the' w-W-C or resulting from n� r�'tter or thiiir _n :r rd thermvi4 or arising therefrom, to any person or property, he =��ll pay anti liquidate the, s:me at has 6wo. expense, and as- sure'the liability therefor; and in the event of any claiin ..r claims be,pg mode �r any actioh car actions brought against the city by reason or on account of or growing out of r `d wor!- or its cbrsfrtiction, rh s^' contractor will at his own expense defend the same, and will' pay any judgment recovered therein, and �:r;.! io all respects fullyindemnify and save harmless said city, ifs officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims; action or actions. And J Within ten days after any such action is begun, the city shall notify the contractor of "tke perdt ncy th,er- •;f, then any judg-went rendered against the city shall be conclusive against the contractor and against the surety ou hire constrLction bond, as to the asnourt, liability and other matters pertaining thereto: And the contractor a rec, to maintain said im�roverrent a:::; i.,.at c su•.ii repairs as may a� ti,c, scary the period and in ti+.e ti�annef as fixed by sp?ci cations, and to, secL.re tie maintenance and repair trier �E to file with the Board of Put"_c Wo;:ks a. bond vrith sufficient surety thereon and in an amount as fixed by ` ,, specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be sabject to the sat:.e liability to the city and any other person for any injury or damage to Any pers---a or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. And it -is further agreed by and betwe,-3 said r.trt-2s that the accep_ance of the work provided for in tf:is contract, or the payment thereof, shall not co nt!_rte a waiver on the part of the city -of any of the provis- ions of this contract, nor shall it retease said cc 1. rr:_c or or the sureties on his bond for thefaithfulperform- ance thereof; nor shall the acceptance be primf facie evidence of the performance of any provision of this contract, except to the extent of entitling the conbz ,ctor 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 ixnprovartent and in the perfr furnished for him, or his agent, ormance of this contract, whether done o assignee,, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or'-Nq assigns, or out of the amotui't due him or his assigns upon the completion of the work, so much as ma)- . cessary to pay all laborers or ma.teriat men for amounts due them for work done or materials used nr furnished to be used in the performance of this contract and the doing of said "work, and the county `treasurer, acting as city treasurer, may retain money col'c-ted from property owners assessed for said impr.aves er-t to pay sti.ch ctehts or u=Iiil the c.,- t, c' c' t1, ,t trey Inane I—pain or sat;sfi.ed The contractor a.gre2s to remo":z 41'rubbish, earth, and unused material in upon the completion-of.the improvement.the ;treats (', or the repairing thereof, - The work of making such improvement shall be completed according to the tet`tz_s of this cG._tnact on et • before the -------------------------------------- day of....-.. unless the time for the completion of the sane shall 'be extends in wr^* .LLg l y th q�rd of Public l V -ks� And it is agreed that any such extension of time, or any alteration od of doing such work shall. in no way affect the duties ties. obligations or liabilities of theocotr,tor or his sure - it; agreed that the contractor shall not assign this cf>,tr�rct, or sub -let the work or any part thereof to be done hereunder; v�tthot�t the y�ritten cgas.rit of the Board of 1p;.!biic Works, 3t is fu ,tlier agreed acid stipulated th?f `e' contractor shall gi e to residents of : said city and cow y preference in the employment of all labor necessary_in the. perfrirr attce of this contract, and failing to do <y shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. co And upon the performance of all the terms and nditions of thir•d s contract; and things to be done a performed by said contractor ,the said city agrees to cause the cost of �aertts. doing such work to be assessed, cot Iected and paid to said contractor in the manner` fixed by the statute governing the making of such improve - To each of the conditions and stipulations of this contract, iacludin all and singular the terns of the plan';, profile, sp,,ificatior3 and resolution aforesaid,g Provisions and and- t' ^ t.,.;:pective succe scr or assigns of such parties, urarlersigned bineis himself or ;tself In Testimony Whereof,. We, the foregoing named parties, hereunto set our hands this 31st. day of May 1921,; THE WHITE CONSTRUCTION COS CITY OF SOUTH BEND, INDIANA. M. E. WHITE BY G. A. ELLIOTT Pres. & Treas. H. F. ROSTI-SER H* NV Detweiler. JOHN F. DES Contra S. (SEAL) Its Board of P%dtJic,Works, Tuesday ay 1s a-19 Gontiriue di,:.- - } The fal3o' ing. plat pprflved'by `tie Board: A Platpof,`Augustus,.Prast's Subdivision..©f'a part'of z a Kunstman &Meyers ` Adci.. to tYie 'Cityy of South ° Be-nd, fndii.ri `Scale t0 ft, to an inch. DESCRIPTION. The annexed Plat represents Augustus Prast's Subdivision of,apart of Kunstmtn gnd Meyers Addition to tie Oity of-Sout4 Bend and is laid out on `lot. lettered A in the Sub -Division of lots numbered 6 and 14 in Kunstman and Meyer s Addition to, said City as made and platted by Partition Deed of the devisees of John M. Meyers and the heirs at'law of'Catherine E. Meyer, which Deed and a plat of which Sub -Division was recorded October 8th., 1879 in Deed Record 62 Page 288 of the records of St. JospFlh County, Indiana, and also on the vacated pact of Huey Street lying west of said lot lettered " All This plat is further bounded and described by a line running as follows viz:- Beginning at the orthwest corner of lot No. 12 in Meyer's-Addition as recorded in Plat ISook No, 148 gage 184 of the records of said county; thence running north 680 west with the south boundary-of"Lincoln Way West a'distance of 261- feet �o where inter sect the East line of Huey Street as now occupied, thence South 424.E feet; thence east 244.1 feet to the SouthEa'st corner of said Augustus Prat's Sub -Division; thence north 325.2 feet to the place of. beginning. The -plat herein described is bounded on theEast by the Mayer Addition; on the North by Lincoln Way.West; on the west by Huey Street`;, on the South by the Melrose Addition and Prast Street. The plat consists of lots nVoered from i to 8 inclusive and large lot lettered " A" The dimensions of the lots and width of the streets and alleys are given in feet on the plat. Thealleystogether with Pres.t Street which is made 50 feet wide and Huey Street which is made 60 feet wide, are hereby dedicated to the public use, Ittz In Witness whereof we have hereunto set our hands and'seals.this -31st. day, of May 1921. AUGUSTUS PRAST MARY A. PRAST. State of` Indiana County of St. Joseph SS , On this 31st. day of May 1921 before me Ikea Notary Public within and for said county and State, personally came the.abo ve named Augustus Prast and Mary M. Prast his wife known to lie to be persons who a xecuted the above dedication and acknowledged the same to be their free act and deed. HARRY G. SCHOCK Notarp Public St. My Vommission expires July llth., 1921 Joseph County,Indiana. ArPROVED May 3191921. BOARD OF PUBLIC WORKS BY G. A. ELLIOTT President. .This being the date set for the consideration of petitions and awarding of contracts for pavement on Chestngt Street and Harris Street, this matter deferred until Wednesday June ist., 1921 at 9:30 A.M. President.