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HomeMy WebLinkAbout06/14/1921 Board of Public Works Minutes-480 Mo. SSA a jrivia 1921- E Board met in regular session at 10:00 A.M. All members present. The Board appointed Fiske'0'Hara as Assistant Cit�r Electrician at the.rate of 100.00 oer months. Same affected from Monday June 13ih., 1921. The Board allowed Wm.,A. Henry an increase to $2.00 pper day for auto allowance and this is to take care of and including all expenses oi' up -keep to his roar while on City business. Same affective from Junk' 15th., 1921. The Board allowed Fis4e O'Hara street ngr'-ickets for transportion for inspection work in the event' -he is not fdrnished a btpy�le T e Board p.11owed-the allowance of the Building Commissioners car increased to ` 2. 0 er dray. This allowance to include any and all ,expenses together with up -keep of.the car fgr City business. Mr.•D.- C. Layton, Street Commissioner reported on tap at 1010 South Michigan Street`in front of property owned by Wm. Mow, and reported that no=„ tap was put in on this property. The Board ordered Mr. Layton to get Wm. Sibley to put in new sewer tap at $3 00 p;er foot. Same to be put in under the supervision of the Street Commissioner an'd the City to pay for this tarp and take care of the pavement. a . The City Civil Engineer filed the following estimated costs - Estimated cost of resurfacing f Hudson Avenue from Portage Avenue to Riverside Drive at .....................17.920.00 Estimated cost of pavement on Benton Court from Milton Street to 1st. -alley north of Milton Street at..............019450.00 Estimated cost of pavement on Milton Street from Fellows Street -to Michigan Steet'at..,..........................0$19,488.00 Grade, curb and walk on Elmer Street from Keller Street to North 1 ne, of Mayr' s Michigan Avenue Addition, at ...... $79400.00 Grade, curb and walk on Duey Avenue from South Bend Avenue to North City Limits at ........ .....................2,200.00 Engineer filed assessment -roll and final estimate Vvr sidewalk, on Anderson Avenue fron Keller Street to the°south line of said -Anderson Avenue under Improvement Resolution No. 862. In the City of South Bend, Indiana. Resolved that notices as to the assessMets be published for six consecutive days commencingg on.the 27th. day of June 1921, in the South Basid News Tines, stating that this Soard will give a hearing on tihe amount of such P,ssessment. i +ip the 6th. day of July 1921 at 7:15 P.M. Resolved further that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and finale stimete for..cement sd.dewalk on south side of Sam le Street from Walnut Street to Washin ton School, under Improvement Resolution No. 829. In the City of South Bend, Indiana. - _ I { Resolved that notices as to the assessments be publishdd for six consecutive days commencin on the 27th. dayy of June 1921 in the South Bend News Times, stating that.this Board will give a he gring on the amount of such assessments at its office in the City Hall on the bth. day of July 1921 at 7*15 P.M. Resolved further that the entire work under the above contract be accepted and approved and:the final estimated thereon allowed. Theo. Krause of Whiteman Court filed petition Monday —June 13th., 1921 at 9:55 A. M. $tined by property owners residing on Whiteman Court from Pennsylvania Avenue to Wenger Street stating that said street be improved with a concrete pavement, same placed on file and the following resolution' approved by the Board. Concerning the improvement of the roadway of Whiteman Court from Wenger Street to Pennsylvania Avenue in pursuan&e to -Resolution No. the petition of freeholders residing on said street its considered, and the report of the City Engineer is received and all evidence is heard and the Board finds that said petitioner constitute a majority in number of the freeholders residing upon said street to be improved, and that said petition is sufficient and iYs therefore cansidereo,and adjudged that -said improvement be made with Seven inch concrete the kind of pavement requested in -said petition; and the City Engineer reports that Hoban & Roach is the lowest and best bidder for said kind of pavement, and the Board so finds, andtlets the contract for said improvement to him, and orders said improvement be made with 7 inch concrete pavement, and all proceedings heretofore p had in this matter are hereby confirmed and ratified. G. A. ELLIOTT BOARD OF PUBLIC WORKS. H. F. ROSTISER Attested.- , Veronica C. Sweeney JOHN F. 1EHAVEN, Clerk of the Board. Dated this 14th. day of -June 1921. This Agrement, Made and entered into this 14th -da, of June R21 by and between Wm. H.Burke of the County of`St.•Joseph and State o Indiana erreinafter referred to as the Contractor"), and the City of South Bend in the County of St. Soseph, and State or Indi 4 Apr and through its Board of Public Works, (hereinafter referred to as he Cite and byy virtue of any Act of the Generai-Assembly of 9he State of Indiana en i led An)Act Concernin Municipal Corporaztipns,- approved March ,1905, and all amendatory and supplemental acts hereto: Witnesseth, that the contractor covenants and agrees to construct water connections on Chestrmt Street from Washington Avenue to L. Soi &`if. S. Ry. In the City of South Bend, Indiana at and for the tbllow�g prices:- ° .>>.> ... 4- °"' °t'a°ps' 'oil '1'ona side each... .....'...:...........22.95 4 tapd Vr' sri©r't 'sine, each ...................... • • • • .. • ...18.95 and to perfortr� all lvpgkr. ip the prosecution of said improvement tinder and according to the terms and con- ditions of •_.-•...-••. adopted by the hoard, of Public'Works__._Apx.0... 2Q,1921' and the plans, profile°and soeci`Cit arti'obd 6tt-filb'in t1fe.vfi'ice of the f)epartment of Public Works, which. said resolution, plans, pfofrte'anti'specific;.tion 'ate made a part hereof as fully and effectually as if copied and set out hereirk at full length. The contractor further expressly covenants and agrees that in the prosecution of said work 9.11 proper. skill and care v,iil be exerescd; that he all excavations and dangerous places and ,.,+11 use all due and prover pracantion to or-..ve.tt miur *� r-.y person or 1- ~`.v, that in `he event +_ any injury or damage resulting from the v,-)r`_ or rFsv lLig from --v r _tter or th;na r!cr.r.- ^t-d the.rewi`h or arising therefrom, to any person or p-operty, h� - �1 tv 1;r-lid3te the sr -me at his ovin expense, a.rd. as - arising the liability therefor; and in the event of any cia:ri or claims be;ng m-ide or anyaction or actions being, broaght against the city by reason or on account of or grov:Aing out of s-,d work or its eonrtruction, tr sa+d contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wil-11 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 'f within ten days after any such action is begun, the city shall notify the contract..or.of the pen itricy them ;f, t'hon any judgment rendered against the city shall be conclusive against the contractor and against the surety on hie construction bond, as to tb- amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and riake such repairs as may be necessary fo, *e Period and In the manner as fixed by the srrPcifications, and to secure rue maintenance and repair thereof t© e- with Cite hoard of Public Works a bond with sufficient surety thereon and in an amount as fixed by the ripeciheatidns, And in doing such repair work the contractor and the surety on his guarantee bond shall be Auhject to the same liability to the city and any other person for any injury or damage to any person or prop- ertY if the Mitne 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 rzrt-,-s that the acceptance of the work provided for in this contract, or the payment thereof, shall rot constitute a waiver on the part of the city of any of the provis- 10118 of this contract, nor shall it relea:;e said contractor or the sureties on his bond for the faithful perform - AIM thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this; n®ntrRct, 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. Mitch ilrlprovenreht and in the performance of this contract, whether done or furnished for him, or his agent, 4811pee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate In favor of the contractor or 11- assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma)- �cessary to pay all laborers or material men for amounts due them for Work done or materials used or furnished to be used in the performance of this contract and the doling of said work, and the county treasurer, acting as city treasurer, may retain money colleted from property ovtfiiers assessed for #aid improvement to pay such debts or until the contractor shows that they have been Paid or satisfied The coot--a--or ag,-ees to remo- v all ru5aish, earth, and unnsed material in the strek6ts or sides t i upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be coinpleted according to the terms of this contract oa or before the . ... .. . ..............;- ................. day of .......... 19.........., unless the time for the compl4tion of the sar•p shall b-- exten Jed in writ-:-g by th= Board of Public Works, And it is agreed that any such exten-ion of time, or arnv alteration of this cc.Itract or of the manner or rn. ,,th� od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sto _: ties, It is agreed that the contractor shall not assign this tract- or sub --let the work or any part thereof to be done hereunder, withol,t th-e w.it-_en cor_�; ,nt of the 1.<. : rd cf R hlic Works. It is further agreed and ,tipulat4d that F', contractor shall 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. And upon the performance of all the terms and conditions of this contract, and things to be done u-0 performed by said contractor the said city agrees to cause the cost of 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.- vients. To e€ch of the conditions and stipulations of this contract, including all and singular the provisions and tern:C of the plans, profile, specificatiurs and resolution aforesaid, the urderMgned binds bimsel£ nr itr,^Ir, and fl 1(r pective successor or assiR,,.s of sitch parties; In Testimony Whereof, We, the foregoing named parties, hereunt0 set our hands this 14th. day of June 1921. WM. H. BURKE CITY OF SOUTH BEND INDIANA HG. CONTRACTORS G A. ELLIOTT H. F. ROMEBR JOHN F. DEHAVEN Its Board of Public works. Tusadwy June 14th., 1921. Contnued. 'The Following bond& and contract approved. PUBLIC IMPROVEMENT CONTRACT TThis A emene i� Made nd ente'red i to this 9th des o une 1 21 by and between. George�laar�ta���I�i of tie ount� ofeG�ook a d Sua�te Kfln is � ere- i after referreW o as •the • Contractor"�, h C t` S thh BBe county St J e h State of II di#n•a b andnhrou hg tk Board.of P,unblie_ r serei a Lep a to ,as the Cat )-, under �d"5ory virtue of an Act P the peneral sslly,o .the 5 ante o na en tied n A t Conce in ur or t on alb roved arch II dd d ii ii P - PP , I D , a�i a l amenndtkari t an su�pYemen acts thereto:, Wrh h. ct to ena is and ag st construct t5te4h1n� averue, �n th e81ky 0PAEUIR nXhe nsf� a ?f :t . ° 310 lin. ft. of"18" pipe per lin ft.........:.. . ..3.50 670 lin0 ft. of 15" Pipe, Per lin ft.............. 3.00 Tt 'o° f .1'2"' 'Vip°e' p e r 1 in ft ....... ' 4.50 ° °l°ice.• i't°.' °f '1� '"° 1�i1,, firer lin ft. ............ 2.00 3 0 in. ft. of 8, " pipe per lin ft.........."..... .75 854 lin., ft. < of 6" conduit pipe er lin ft....... ,g0 ?0 in. ft, of manholes per lin t................IO. 0 4 storm water grates, each.....'..................14.00 6 manholes curbs and covers, e,�eh, . , ..,... '.........23.00 and t* perform all work to the prosecution of said improvement under and' according to the terms aird Coll, ditions of Improvement itesolttttion No.._52Ladopted by the Board of Public works,.�l?ri126� 1921 mid the- plane, profile and specifications on file : i the office: of the Depa7tm4nt of Public Works, which ssi resalut'i plants, profile and; specifications are made a part- hereof as fully and effectually as if copied and `et out herein at. full length, , The.',cohttactor .furtli:er expressly covenants and agrees that in the prosecution of said work all proper skill and ease 'till be exercited; th_- he - ---•alp one' s d p r) ,,,ct all excavations and dangerous places: . and 1"44:use -alt due and proper preca.nt;oti to or v nt inji:.ry *,) :ry person or pro-•:rty, that in tl+a event Q' an v injury or dam.,e resulting from t'ae wo '._ or res,.iti-lg from a^y rratter or thin^ e~onr,-^cRd therewin or, atxtf3ittg therefrom,: to any'pers^n or property, he . 'll ray arei ligt-idate the s._.me at his own expense, and ss• st�me the liability therefor; and in the event of any claim or clais being made or any action of actions bgin z. brought against the city by reason or on account of or growimng out of s Fod warp or its con, ,traction, th--, 841* Contractor will at his own expense defend the same, and" hill pay any judgment recovered therein, and will in all respects fully in4emnify 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 ... within ten, days after any such action is begun, the city shall notify the contractor of tiae pendency thev,"�J,.. than, any judgment rendered against the city shall be conclusive against the contractor and against the surety.: an hii wo zstruction bond, as to tb- amotint, liability and other matters pertaining thereto, And the contractor agrees to maintain said a.-- sv ., r,-,pr.:; ;.., the period and in the manner as fixed by the snecifications, and to sec,_re Coe waintcrance a_i r p�.,i to file with t'-ie Board of Public Works a bond V11th sufficient st:rety thervox: and ir, an amount as' s i;.reu r specifications. And in doing such repair worle the contractor and the surety o-a his guara rtee bo.,-+ si subject to the sar-,e liability to the city and any other person for any injury or damage to any pc 1 erty in the .same maxiner and to the same extent as is fixed in the last preceding parzgraph cove _ �h struction .work. And it is further agreed by and between said rart%!s that the acceptance of the worm i contract, or the payment thereof, shall not constitute a waiver on the part of the city Of P.­y ions of this contract, nor shall it release said contractor or the sureties on his bond for the ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision o; 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 niakirg of such improvement and in the. performance of this contract, whether done or furnished for him, or his agent, ass;gnee, successor or subcontractor; and the city may reserve out of any allowance made on any estfina.t:e in favor of the contractor or 1-f^- assigns, or out of the amount due him or his assigns upon th•e completion of, the work, so much as ma-. cessary to pay all laborers or material men for amounts due them -for work done or materials urea 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 coils ated from property s;v owners assessed for said improvement to pay such debts or until the contractor '"us that they have be.e+n paid or satisfied ' e coat,-a-�ror agrees to remo­ze all vY- c.h, earl upon the completion of the imnro11-:*n_,t nl t r and t� tofk..(I rnatcria' ii1 tiic 01,eetG C,i "s.`ej { : A ref a r,ng thA oCf. The work of making such imp; ;.,,t sl..11 be con nle.ed accoie.inSf tr�fore the, ------------ * a t<, fife ter of tlti,c4 ------------ ----- ---day of un}ess the time for the con lutio,) of the sa s. 19.:......., And it is agreed that any such c te.. fen of tim- shall be e�:ten�c-d in �✓ t g by the I;c,,-A of Public Works, Or ary alte* tio.1 of th;s cc tract or of t.h., matincr ar r,t .th od of Joint,= such work shall in no `,tray affect the duties, obliges+ions or liabilities of the Conti t .ton or his ties, It is agreed that the contractor shalt not .ssi�n this r be done h re i,ider, Nvi lac,: * ti �r t. or suh-let the work oi- any part thereof t it co..:; nt of the B sand of. P; hlic Works. It is further agreed a d ; io,.,la* d *ha * or shall give to residents of said city and sotto • cnn _root preference in the emplot rr_ :nt of aJl labor .l pessary in the performance of this contract, and failing to do .,,,, m of t n dollars for each failure to observe this stipulation. shill forfeit to the city the ra And upon tl:e performarc-� of a'1 the terris and conditions of this contract, and things to be done ::„ r fir: f ,r;.:ed by said contractor the said city agrees to cause the cost of doing such work to be assess,�d, lectc ::,il<! paid to said contractor. in the man .t ti r, - ner fixed by the statute governing the making of such improve:• r 1'v c:.ch of the Conc'itica c i i e tc;.a,s of this contract, including all and singular the provisions a cl " t..i of the plans, profile, sp i` r, .nd resolution a.forc:,i.; - l ,out t' - �, }-:1, -iS hirrlat'lf c+'*' it- • r;ctive succc ::ur _, s of such partieG, In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 9th. day of June 1921. CITY OF -SOUTH BEtJD, INDIANA GEORGE PONTAR�LL ° BY G. A. ELLIOTT on ractvr H F. ROSTISER JOHN F... DEHAVEN It§ Board of Public Works. 1 Tuesday June 14th., i921: Continod,au , t NS`f'RUC' °tt.14 That w�.......aaaa4.�4ve3a =�tr� l 111 s- of tho Colt* ....... ........ -... ,1 r•c..Sur._�Cemgy...saa..Xl<?,_ _'pa _.to e e Yc 1>j�Qrk �tlftd hf__=_..__-:---- Xok o County y of aa44........... ____ ________________ __________a.......... auretjea, fire hold and firmly bound to the City of South tehdi lndl0ift lh 4li of Y.v..:aRt.]rau.sanpd .. tldrs hiaix� d.:_k> r3�.. ,; ..;;.p -- -1 3�3 1 0 00 taf tho, payment of which, well grad truly to be made, we' i6iht$y g �� ll'e�f�l��l�y Ih 1164i "MoiAW4, admi strators and assigns, firmly by tht3e firetentO� ,Thq muditio a of the obliration are such that if fhe shove ------ shall.. faithfully comply with the farel0fiff Qol tl'aets -- .4•-------------- day of .......:.. .............Jun ...192L....-i— r9 Made and centered into the ..........:...... .�.�.th P Haas, �kinaeeaeea with the City of South Bend, Indiana:, and shall fulfill al th conditions and stipulations therein Qontained, according to the true intent and reading thereof, in all respects; then this obligation to be void, othanytsp to be and remain in fill force and virtue in law. In the eve,_.: the said City shall extend the time for tlls completion of said work, such extension shall not in any way release the sureties on thls 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 hq-s been accepted by the second party, but eu®h Nufgtjes shall be held responsible for the fait'4ul co:naliance with all other conditions, stioulations and re�U4lt'dll� tick �ovreted.by or set out in the contm4 t. loth WITNESS our hands and seals this. ...... -- -- GEORGE PONTARELL-_...�...... .........(�F I ----..... (SEAL) a - _--.._w._ ..- __.-----OP $ICAN --- SURETY---COMPAN`Y�- i a ;, 0 R K ..�. .M _.....-...._._.._............. (SEAL)5 e s . AsSt. Se cy. The above bond approved this ..... _....14#.h - •-••d�v @ •-....' .'°,-J31�I.;e..19r2}.--'�•� '� H. F. FOSTISER Beard of Public Works. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this loth. dayof June 1921' Iand b tween ggta 1 s & Acke mad f the Coup y of St. Joseph and Stat ®ff Indiana , Kereina ter referred to as the CContractor �, and the Cityy ®f South Bend in the _ ounty of St. Joseph and State of Ind# na, by and through its Board of Publie Works hereinafter referred to as the Cit upder and by virtue of an Act of the Genera, ssemblyof the State of Indiana enttile� An Aet ConceinMunici al Corporations, approved March 6,19051 and all &mendatory and aapplementa� a�ts ther�to:- Witn ss th. that he c�ntriac��or eRvenant� and asr%es Po cout�uca pipe �e�er on ebar or St e it Bros © n ana venue n the 1 y o Sou en n iana an or a fo owing pr ce 499 lin. ft. of 19" pipe sewer per lin ft... ......... $2.60 lin, ft. of a ipe, per n ft........... ......... 0 140 lin, ft. of conduit pipe ,per lin ft............ 1. P0.2 lin. ft. of manholes per lin ft.................. 9.;00 4 storm water grates, each: ...........................13.00 2 manholes curbs and covers, each.....................23.00 and to perform all work in the prosecution of said improvement under and accovdInW to tho terms ,%r4 con* ditions of Improvement Resolution .No. .............. adopted by -the, Tloard of Public Works... �5 p 1921 and the plans, profile and specifications on file in the office of the bepsrtment of .Public W'orlca, w le �sa resolution, plans, profile and specifications are made a .part hereof as fully and effectuallyas if, copied and set out herein at full length. ° The contractor further expressly covenants and agrees that in. the prosecution of said work all proper skill and care z-,it1 bt exercised; th the- ".1 proper - &• d F••o`^et all excavations and dangerous places, and will use all due a.rd proper precaution to prevent injury'") .ry.person or prn-�.rty; that in the event pf any injury or damage resulting from the far 1r' or resul*.irs. from. Ary tra:tter or thing..connected therewith or arising therefrom, to any pers^n or property, he vt-11 nav avd lie+iidate the ssme at his own expense, and as- sume the liability therefor; and in the event of any clam or claims being made or'any'action or actions bein brought against the city by reason or o1i account of or -growing out of sa. d work or its construction, the sal contractor will at his own expense defend the same, and gill pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all coat expense, payment or judgment recovaered in connection with such claim or claims, action or actions, And ii within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, than any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction band, as to th- amot+nt, liability and other matters pertaining thereto, z 481 Tuesday June 14th.9 1921. Continued, r ` The contractor agrees to remw-e all rubbish, ,earth. a.nd mnnsed material 7t►'the streets .rat „5 '. <:a . �r; upon the completion of the improvement or the repa'iiiing ,flxereof. The work of snaking ogth unprovement shall be 'cor oleted according to the'ternis of this e i',i c t coal ov before the. ... ......... ----- ------day off.. ... - - -- ---- ....... .-. , 1�......,..,> unless the time for the completion of the sar-e shall be extended 'in writing bythe Board 'of Public Works, And it is agreed that any such exten^ion of tit-!, or any altem ;on of this contract or of the manner or meth- od of doing Bauch work shall in no way affect the duties, obligations or'liabilities of the contractor or his swra- ties. It is agreed that the contractor shall not assign this v; --act, or sub -let the work or any part thereof to be done hereunder, wirhol-r the wri'-an nt of the b_ rd of P. !,l+c Works. It is further agreed a d s'ipul ed tl, .,t ' contractor - sha.il give to 'residents of said city and county preferetice in the employin-nt of tat ta? cr necassary 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 and performed ,by said contractor the said city agrees to cause the cost of 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- s, wnts To :each (of the conditions and stipulations of this contract, i*_cluding all and singular the proyllotons and fers':s of the plans, profile, specificat_or-s and resolution :afoxes-id, t,, 'bin -As himself .or itself, t'oi rc: )ective successor .or :a.ss.ig-s of su9r.,irt ,tea-rtips.. IN TESTIMONY WHEREOF,•,, WE the foregoing named parties, here- unto set our hands this loth. day of June 1931. STAPLES AND ACKERMAN BY STAPLES CITY OF SOUTH BEND INDIANA. ° Contractor BY G. A. ELLIOfiT H. F. ROSTISER iGHN F. • DEHAVEN , ° Its -Board of Public Works CONS !'RUCatCN BOND {��p(�`���I' f�.} �L piec..-�4a. That we.,........,. e p of the Co�ltlty of.___3_t.}_J1i........_.....�............ StstB ®�eee4Htfl999E999PI1lEsY ��P3i� tE9s Y tRH`�=�`- ::� �� ��j�7���" pal, and .American._�u�e r...�amp�.r� ...a ��v 'W� �� e... i9ufiaitli nGetlet�99499999tC9C9018CC9C�67CiE »H19::CE:9C:95f .'� of the County of N-ear_•.York.. and ®� Ne.Yor7}� ............._._..._........_.....................d Stith satltltlae9nes99tln99539999w--CCG99C9pffiHi+99R499 as sureties, arej held �Tand � firmly bound to �the City of South Ilettd, Itldlahai If fed lillm A ad saia:3999996Gfk d9i199939E � s --ikiim 4115.nf.n°nw.wrwr�.rrf�i..i��6Ya�saiafari? ` a�efj���W�17 � 823.1AQ' for the payment of which, well and truly to be made, we jointly Lind saverd Wild titlrsh 941614l" L{' executors, adminstrators and assigns, armly by these presents. The conditions of the obligation are such that if the fthfte Staples and kerman - _...__ .............shall faithfully @@mply with tht fimK-4141 made and Entered into the.--.----. . .................. • dayy of,.,,.,.,--_:-cTli�1••-��:= ................... ,,.t�' ; with the City of South Bend, Indiana. and shall fulfill al(tb,P con and PIliatl®tig t �� h� , according to the true intent and meaning thereof, in all rPSpe"ts, then this ®hll106011 to b@ veil, ®f 104 9 to be and remain in fall force and virtue in law. In the eve., . the sold ail � a � l �h 1 � SI completion of said work, such extension shall not in any way release the stlretlep on lhlg Mid' This shall be a construction bond, and the sureties an the stano shad tiot he held ve 814419 of maintenance and repair of the improvement after it has been accepted by the ®llebnd P4r3 d� ow 0lil�Tg � shall be held-respor_siblo for .the fait'-ful compliance with all Other cditdldn"I. 100#11tti 9 cowered by' or set -out in the -contract-. WITI� �S cur: hai��s, ��d, �����+tl�i� ;=_14th�:_::_:::_ __:d�� ®�:_.:_ :=-A:_-1921Y_ - _AMERICANw SURETY- COMPAN�' • OFi : > O K _ ._ . _ _(SEA i ALE KERMAN > fSVLeent SEAL A tes e -1. nRt'A Secretar y A� y ef- June .1.. 21 The above bond approved this...............=..Iar-; _----=-__-•• 9 - (SEAL) G. A. ELLIOTT Board of Pv'l';c Worlcs: PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this loth, day of June 1921. by and between Staples & Ackerman of the County of St. Josepj 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 thereinafter referred to as the " City""), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled 9 An Act Concerning Munici al Corporations, " approved March 6,1905, and all emendatory and supplemental ae s thereto: Witnesseth, that the contractor covenants and agrees to construct pipe sewer in Lmngley Avenue from College Street to Wilber Street, in the City of South Bend, Indiana at and for the following prices:- 534 lin. ft. of 12" pipe, per lin ft...... $2.50 92 lin. ft. of 8n pipe, per lin ft................ .-75 364 lin. ft, of 6 conduit pipe, per lin ft......:: 1:00 21.2 lin. ft. of manholes periin ft : 960.0 5 storm water gabates, each ................ ........13:00 2 manholes curbs and 8,5,, T„v,o 3/.+.1n 3c21 rAtn+imii-A` And t e contractor agrees to maintain said impro-vement and make such ro irtk, &a toffy b� u�� `ssary tits sale# a d in the manner. as fixed by the soecif cations, and. to secure iiie ma'intenaugo d ft sir th rggti to l e with tlt 13oard bf Public Works sr bond with sufficient surety th�reon and iu Ap A durll A;'fixed by the q@oification rsd in doing such repaii wore he contractor and the ty on his Ruararan bond shy b subject to the sa . e liability to the ' y and any -her person for any'njor damage. to any per�,°n � prop= erty lst the same nner and tot same extent a is fixed in the last$ pfectding paragraph covcrin a soh= struction work. And it is further greed y and between said 1 rt 2s that th acceptanee�f the work rbvid for in WR contract, or the payni t er�,of, shall not consti to a waiver on the part the city of ally f tltc provis= ions of this contract, no shall it rzlea.,a said cc i ra or or 1e sureties on his nd for the; i',aithful performer Alice thereof; nor sha t - acceptance be prima fad' idence of the performs ce of imy"provision at ihis contract, except to a exte t of entitling the contrac r to the contract price the efbt. �' The contract® ,Agree's to ay for all labor and to 'als used or furnished to Ned In the mak-irlg of such im�rortenta and in the . rfearmance of this ntract, whether done or fur nis fdr' hint, or his Agent; Assignee, �ucce sot' or subcontr tor; and the ci may res rye out of any allow ce. ads on any estimat e in favor of th contractor or t�:, signs, or oU of the amo t due him or his assigns post the completion of the work, s much as mat ssary to pay all laborers r materiat men for am nO due them for work done at Riaterials used :�r fur 'shed to be used in the gerformanee of this contract and the doing of said work, aftd the Wunty treasurer, acting as city treasurer, may retain money collf vtdd from property owners assessed for said improvement to pay such debts or wail the contractor t':osrs that they have be phtd or satisfied The,contra^tor agrees to remo--y all rubbish, earth and unused material in the streets or sides t.'tnrcot Upon the completion of the impro+"emcnt or the repairing thereof. The work ® -�eking such, m" provement shall be gnmoleted according to the terms of th ✓ is contract on or J Wore the ................ s'; ay of -------.....-.... _... ....... ....�..," 19.........., Unless the time for .....c® plet on of •th •sar e sh.allbe ,e tended in writi erg y e Board of Pub''c Works, And it is agreed that a, such extension tznnq,- or any al ration of thyy's writ, of the manne or meth- od of doing such wor s 11 in no way affe the duties, oblig tions gr1ia.bilities of thikcontractor pr is sure- 0 is hares# ths<� the co . rector shall dot a. ign this +acx,"\or sub -let the 'work ny'part th eof to be done herlun °r, withol- t ✓rit.oi'%co-_b �nt of the F. r�;'af hlic Works. It is fltrth agreed and s la-..,d t11.1t 'o� contractor halt oi• to residents o paid it and c_ ttt preference i he emplrjyrr ;nt o a'�or iecessar is th p rforr�an. of t.iis contr t, and ling to d s $hall forfei to the city the sumo dollars for sac all+are to obser this soop lation. And on the performance ai a terms andcor: itions of this co_ trapt, and things to be one an pperform by said contractor a said agrees tg,, cause he cost of doin 'such work to be assess" col- lected d paid to said contractor in the aria er fixed by the tute gover�ng a making of such impr . ve- i�teast$ f To each of the conditions and stipulations crf this contract, including all and singular the' provisions and tsar is of the plans, profile, specification,, and resolution aforesaid, the undersigned binds himself or itself:, tkrrl V..; rz.:pective successor or assigns of such rarties. Afid 0 parf®rin all work in the .proseccutic, . of said r , l K . 41ti0fis of Improvement Resolsstian No. .._,.. _JS5_q _, adopted by the -ard of Public ,March 2 1921. � Afid the plants, profile and specifications -on file in the office of the Depa, tment of Public Works, wbieh aa$ f'as0lution, plans, rofile and specifications are made a part hereof as fully and effectually as if copisad and sat otlt herein at full length, `Pit@ contractor further expressly covenants and agrees that in the prosecution of said work all proper shill and care will be exercised; th:t he • -''t r-o�+er'-r _..,___ 4._J F_.,. ,t all excavations and dangerous place$ and -rill use all due and proper pravatltion to prz vw �t ir.i,;ry *o :ry person or 1;-n-!r•y; that in the event an F injury or dAstts.e resulting frcm the w-r': or rep ii'. �a from �-y matter or thins canner,±Fd thet'ewi'tft or err $lnf ther@froth, to any person or property, he 1-!,11 n�v ar•-i Lr-'.idate the same at tis own expense, and Asa sum@ he liability therefor; and in the event of any claim or claims being made or any action or actions being brotight against the city -by reason or on account of or growing out of s=_id work or its construction, -the sal contractor will at his oven expense defend the same, and will pay any judgment recovered therein, and will In all r@9p@et® fully inderanify and save harmless said city, its officers, agents or representatives from all cast 0pmo @lt®@, pa nt el' judgment recovered in connection with such claim or claims, action or actions, And within t @n says afitc- hn-yswzh action is begun, the -city shall notify the contractor of the pendency thereof, th It rmy jttdgcat it . -ainst the city shall be conch?sive against the contractor and against the surety c ist rssctl�_� l :3, . tc th- ame--rit, liability and other matters pertaining thereto, - r And the coistracter agrees to mmamtam said na +,g etAt and make s5vch r iff. Ws %;i y be. peters. ry tot the and in the martner°as Ezell by the S�Ck mt.io t, � tt3. an,& %mqr% i'he �.titit. qIA %aptMA, t® A�h base Board of Public Works a bond with su cierA "oXftV ttkty ram @,hd. hA Ah @.�i@�l Qspecifications, And in doing such repair work the mritraetor aatid th t sttttety fA his OMV,%to%h g tubf ect to the sar_•.e liability to the city and any, other person for a injttey or dais;t0 e# erty in the same manner and to the same extent as is fixed in the last pace -dingy l_ struction work. And it is further agreed by and between said cart' that the acceptanee of the wtirk POuiIn All contract, or the payment thcrzof, shall not constitute a waiver on the part of th@' ehy ®tali it the 164f6� Ions of this contract, nor shall it release said contractor or the sureties oft hig bend f®P the th tit pef o a wic@ thereof; nor shall the acceptance be prima facie evidence of the pl ribrtt anti@ of any prt viiidit 131 the 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 lli the InAl of 'such Improvement and in the performance of this contract, whether done or fartil#hed for hiftii ffP h r eiftl Assignee, successor or subcontractor; and the city may reserve out of any 611(iWotice Made (Jii dfiy flit hi t0 in favor of the contractor or I,;- assigns, or out of the amount due him of hi$ Joilpf Updfl thtr #� p e f"t of the work, so whch as mat. ' ,-cessary "to pdy all Yabofers' ar' ffihtit;rlat' Sl@tf for Amounts tie the fi for work done or materials used or furnished to be used in the performance of this contract ang tits do ill! off said work, and the. county treasurer, acting as city treasurer, may retails money #olitated front property owners Assessed fbr said innproVetrtent to pay such debts or•usttli the -contractor show# brill$ they filive bask {laid or satisfied 4 :6 :8 Mljes au .rune 3dith-, 1971 _ (AntIntzs±tl. Tne cent a--o- agrees to remo--e n.11 rub' ish, earth, and unused material in the streets or sid^"s upon the completion of the improverncnt or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract cr; c~ before the ------------•--•--- ....----.-•---- day of.... l .................... unless the -time for the completion of the same shall b, extended in writ-'g by the Board of Public Works, And it is agreed that any such extension of tirrt, or ar.y altem.'ion of this cc -Itract or of the manner or riicth"- od of doing such work shall in, no way affect the duties, obligations or liabilities of the contractor or his stare - ties. It is agreed that the contractor shall not this r2.r..+, or s+.zh-let the work or any part thereof to be done hereunder, witho. + thA t. on co.:: of the b . rd r4 P; blic Works. It is further agreed and stinui �d thn at cotractor shall r Ive to residents of said city and county preference in the employzn nt r f all labor nec ssary in the perforrna.nce 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 and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of I such improve - invents. To each of the conditions and stipulations of this contract including all and singular the provisions and teri is of the plans, profile, specifications and resolution afores id, tl z, v:--le •signed binds himself or itself, and t'_1„ r_�pective successor or assig-=as of such parties. IT TET�ItIONYd WHE�EgF VJF� The foregoing named parties, hereunto set our hands t1is tun. ay o u>�ie �J. CITY OF SOUTH BEND IRTDIANA, STAPLES AND ACKERMAN r BY STAPLES Contractor. BY G. A. ELLIOTT H. F. ROSTISER- JOHN F. DEHAVEN Its Board of Public Works. M Thatwe— Sta les -- ... Ackerman __.._�----------------------P - - •�d i4 file &Wfy -16- sph - _ .....' Stoo- .,Am erj$Iica`.iiY__. om -fin-fl f _ New= Yo rk::::.:.:.:......:....... 81 A@ C6911ty Xen..Yamk -sw Y�ark agnFetiolli am Wd and Armly bound to the City of South B@nd hldlMd; in tho iflid d=---_. .fay T---- 4---- .fi�1034.0 F. � j#j�1 �' rve witieict, well and truly to be made, jAft "y 1>1I' N� � Flit: 09; Of aft-i# l>i ii# the obhgacion are e€� that if ft albover fli li ,,,,,,,, —-$tkples &-Ackerman shall faithdilly cotiil'ly with ntl€;A till 1111 t.tit€} _ride and entered into the tit rhtr — ........ day o1....................tJu ce..n.� 6�o t:_aeaas� _•: with the City of South 'Ber_d, Indiana and.shall fulfill aarth,, conditions stid ntipitictticitirt thtied' 0r111411101t1• according to the true intent and rneaiing thereof, in all rests _ts, then this obljk,Mlnfl to liti Vt11d, tlthov-��l�k to be and remain in full force and -virtue in law. In the eve.::; the said pity elittlt nxtfirut tilt, 01114 for t6o completion of said work, such extension shall not in any way release the sureties Ott thlo holid. This shall be a construction bond, and the sureties on the same shall not be, hoid Vatipoll"Wtl for the maintenance and repair of the improvement after it has been accepted. by the second' 11;1,1t rt ljttt much Ni 1rl#i tl. shall be held responsible for the fait' -fur compliance with all other COIA440nd, stit�t11ations arty foll11,11'ouvilli: gyred by or set out in the contract. WITNESS o:a hando and seals Eli American Suret Com >an o v� � �......� .....�� d St�,pl s.._ fl ycVuebTjo �hAWeAleetary .. _.. ............. ..._ ._.(� The above frond approved ^f ---- -- -- June 1921..E". . •_,._,. A. . ELLIOTT H.F. ROSTISETt'.__ - - r n 4N 2 - DEHAVEN Borat&f Works . Bids were received on the following. ft Gravel pavement on Sample Street from Olive St. to a point 2634 g of Olive Bid of J. 0. Milliken. Gravel pavement . ....... ......................... $720.00 Bid of Harry E. Bowen Gravel pavement..................................8874.00 ry Walk, curb and retaining wall on Edga#ater Drive and Harper Ct. from %- , Ar,h Avenue to River Avenue. Bid of Whitcomb & Feller. Curbing per lip ft................................35 Grading per ppcu. yd ............................... .60 Cement walk Concrete wall eper glintft .........................5.6� Referred to -the Engineer for tabulation to be reported June 15th. 1921 at 7:15 P.M. Y- J -48,` 1921. Continued ; _ The following claims were approved by the Board. - Engineering Dept. 50Z`.50 Herr & Herr Co. 90 F. C. Reimold Co. 5.44 S. C. Hartzler .77.28 Builddrs Supply Co. 27.72 F. C. Reimold-Co, 18.49 Indiana Petroleum Co. 190.342 American Brush Co, 10.23 Biberty Garage Hiagedorn & Webster 1 � Staples &.Hildebrand Co .7 , Frazier & Frazier 42.50 2.80 Miscellaneous Dept,, 20.00 Miscellaneous Dept., 12.50 Iva U En g to 750.00. Joseph A. Luther 150.00 l Veronica C. Sweeney .40 Isaac Van Trump 324.48 - City Hall 1�3�39 Indiana & Michigan Elea. Co. 00 Joseph A. Luther 30,45 News Times Prtg. Co. 30.45 Indiana & Michigan Elea. Co, 18,75 Pittsburg C. & C. Ry. Co. 98.55 W21iston Construction Co.. ?3.75Building Dept., 3 `TT . A, Henry 15.00 The following -resolution was adopted by the Board, !- STREET OR ALLEY I.MPROVEMENT RESOLUTION NO., 889. Be It Resolved by the Board of Public Works of the City of South Bend St. Joseph County State of Indiana, that it is desired and deemed necessary to improve Emerick Street From Crescent Avenue to the south line of Corby Street'as follows, to -wit: - Said street skull be graded and the roadway thereof shall be paved; ana 4isd the roadway of certain portions of the streets and ally s which enter or interest'said street shall be graded and paved. The pavingg material to be used in making said jm rovement shall be Sheet Asphalt, Bitulithic Asphaltic doncrete ° brick or an eight 8y inch Port d cement concrete avement anA the foundation shall be- ortland semen concrete six g inches thick r�he Sheep As halt, bitulithicf asphaltic concrete ono brick o of a gra 1 ix •( inches thhick forthd,bri k Zs cement cub shhalll consUucterd a ono sa ed street were same 3s necessary an�.�tb aireaay constructed; s s� watersiinlets a d o duits shall be co structed where necessar ; al m � l to s and st rm water inlets s aZia set to the pro er grade, cement mar inay curb s�ie,l ge c nstructea at Wealnl street and alley intersectio s where ecessa yy•, 111 s is more arti ularl shown- ac Bancw ththe � a w9ir�b� c'W Tta d wisana ai icati sn e o nce o� t o Depar mnri o f ie ty of AguZh Bend, �nd s �. The cost of the improvemaA haallit pro"M , �rio8u meow assessment to be levied upon the prop®rw €�p�l;�i>•lfy Riintuat W � � Hally assessed therefor, in accords ce with ap Ad of @ 4 Al"An Act Concerning Municipal Corporsti�," a @i@d 14ii4h §l 9: #if $E to tba provisions of all acts amendatory- aim a j tom @W: The cost of all street and salley iatersectioab, tociutling one --half of tue width of the iyfasov emat f4" jite strut and alleys which run into, but do not cross szid roadway herein proposed to be improrsd und tUt portion of such 'street or alley abutting anon property belonging to slid city, or npoII Trope=ty net ra? ,qt L3 - 3ath asse�ent. shall be paid by the City in .cash out of its general fund, if able, to do so, or from a &hd Mz aced by a special assessment to be tCvied under the provisions of Section 108 of the above entitled Aalt, Assess ments of ten dollars and more against each lot, if deferred, are to be paid In -tea otlual b�a� ii1 Aallments, i0th interest at the rate of Six per cent per annum. A band or bonds will bo 155ug$ to tb@ ractor to the amount of such deferred assesa =ts in pro rata payment for such imprtv*emer.t, 4Under no circumstances shall the city of Bouth Bend bo, or be bald respor-oble for AN ' el pl- onwo am from a mid _property owner or- owners for said work, or for the collection off tho Ea e, or for hi siMmost of ah boaai, bands, certificate or cert �cs.tes, :sued to said settre-ctor in- Ira-mr—t Duo wo t wopt to lMfi moneys as shall have actually been re ceive3 by the City from the a lifi fe�tlJ f .i' wash improve a t# of 11p� mo�.ys as said City is by said entitled Act and $mendment sad cpppl®rn(hpt4 tb;erst9 required is sy, All proccAxiinss had, and work done in the rhasiug of said i rrrement, avesomeut of property, 49116s� 0b @I ilk. rents and issuance of bonds therefor, shall be as provided 'for in said above entitled Acts sad AOA AlMd, atm9 isereof and -supplemental tll +rato. RES0L•V!rQD 11"t tho DC"1-1 Of V 9�i-. �.'. • • • �G11 • ��Ii••.+` . . . . �� L ., Y - . . .. � -�i � sY � � � ; � ���� j- !"� C' � •Y � I h'� ��Tria �� �`�J. ' L �ori:s, of this City, as the tiny ,Z '" for V-3 :Xis ••� z i1 '9nnrd of Public Works will r all For-�^s ant ��, ,rf� s ,. �..a 'Y p f F�)t � twpro-yexaent, and will dec°de „'_`c_her the be°refits t® Via will eilusl the estiT_^ated c + of. B;;a.'.IT FURTi==--_ That notices of f". , t e 9 c¢=sWF-4?R, f1::Ao a Marnein the prav 1. wi atLlnB .1 ]and o//a the., : ^ is Alune. ,......:-�.�� . i� t� �i � 0 � `l e Dptsail ••.��'Mtiil .4�4. .6. .a�sr. ->� �5• ',yYY�P i • + 'ELLIOTT • BOARD OF PUBLIC WORKS, H. F. RG. A. LLIOTT Attested:- Veron �a 8weene� JO N F. DEHAVEN er o oar . Presi nt,