HomeMy WebLinkAbout07/12/1921 Board of Public Works Minutes\ - -
T.,eetin S„l
,'.
5271,
JBoard ,met -in J -regularsession at 10•00 A.M. All _members present...
a • ° • ° ° - -Dr.- T JG °Freyeftilth 'appeared before the Board in regard to
a
sanitary drinktng afcr ntain 'arid 'Oldildnted samples of same, no action taken.
Bids were received opened and read as follows:-
a .. + < + . • a . Pipe sewer orb Carroll -Street.
F
Bid of Nations,;] ,Compaxiy♦. + ..... i -
+ + a 10 inch pipe. ;•seer,• per Iin f .......... • ...... ♦ ..... • . 2.80
+ + a + 8 Inch p.i.ge. >sewer, per lim ft... .75
a ...... 6 Anhh p Lyn& s>eworr lin Ft ...................:.. ♦...1.10
Manholees per ft. in depth.....woo* .............•♦.•.•♦.8.00
Manholes, curbs and covers, each .......... ...........-•..22.00
Storm water inlets, each..•.•♦•........,•.....•.,.♦.:•..L2.50
a Check 0100&00 - ° J
Bid of L. H♦Webster
+a: 10aineh°pipe sewer per lin:ft......................, 2.00
a a a a a +8 a neh Jpipe sewer per Tin ft... • .....,................ .70
a a J + a J 6 a inoh -pipe sewer -per 'lin ft.: • . • ... ... .......... .�0
a J . ; . •Manholes, JQuFbs-and -covers,, • reach.........,... .... ..• .20. 0
a o + J JManholes -per aft. in depth:.: .. ........... . .. .. ♦ . 7.00
Storm water inlets,each........•.... ............•>.11.00
Check100.00
\
Bid of Hoban & Roach. °
10 inch pipe sewer: per lin Pt................•....... 2.60
8 inch pipe sewer, per lin ft.•••................-.. .75
6 inch pipe sewer, pder tin ft....::.".................. 1.00
Manholes ft. in epth.....♦.".`.-.•
per Woo .....•.♦.•••.... 9.00
Manholes curbs and covers each...••_.♦♦•,...♦♦♦.♦♦♦,♦,2t1.00
.•.aa �+ aJ.aa 14 00
J . > a + ! �Siortti •water' inlets, eao2i...........-.. ..... • :. "...... •
•
Check 100.00
Bid of Staples 8s .AQkgrm%n.,
Jper
Y . a -1.0 ainoh -pipe -sewer lin ft....:...................$2.40
•8 inch pipe sewer, per lin ft.............-.......".... ,9q0
6 inch pipe sewer, per lin ft........•............. 1.00
Manholes per Pt..........«...........................10.00
Matnyh1 .1es.{} c>urbs, and .c.Qv.ars, .each.....00
.2
er. .1Al,ettgp• AM-Vfoc.......• •ck• 1• .• . ... • 9 ♦.1 00
_. a .lVaJa.a, Che00.00
a+ a. a. .a! Ja +SatJo<,+a."!>aVf1,8.,,+aJl..• >a.a
+ J a a < a >
!
r
sewer on St. Joseph Street,.
Bid of National Vo: '
1Ci'inch pipe°sewer',+;per lin ft...••♦♦.•.••.••..•....•32.00
Iia Pt 75
I ' +8 +inch pipe 'sewer,+ ♦.••-••• ••-•_••.• ♦♦ ♦• ♦••-•.• •
apes
! J a J J a a a J a a a a a a J J o
Ra a a a 6 �neh ,pipe sewer!,+ .Per lia Pt....................-.. 1.10
Manholes, per ft. in depth........♦.•••..•♦..•.•..`.• 7.00
Manholes, curbs and covers, each..,.....-••,••..•.♦**22.00
Storm, water inlets, each...•,•..•♦.•.♦.•...•........12.5.0
Check $200.00
°
Bid of L. He Webster.
10 inch pipe sewer, per lin ft........................2:49
8 inch pipe sewer, per lin Pt .............•.......... .70
+ 6 inch pipe•sewer, per lin Pt.•.....•..a...°.•......... .70
Manholes, per=ft. is depth... -].00
Manholes,
curbs and covers, each....:................20.;00
Storm water inlets, each.•.....•.....♦..•..•..♦........11.00
! Check $308.00
Bid of _Jos. A. Luther.
10 inch pipe sewer, per lin ft. ..... ..._...•.....••.•...S2.00
8 inch pipe sewer, per lin ft ......... ................. '1.00
6-inch pipe seweriper tin ft........................ .75
Manholes per ft n depth..................:..:..-....15.00
Curbs and covers, each........................._.........25.00
Storm water inlets, each........,, ...............•-15.00
Cheek �100.00
-28
July 12ths a 1 210 Continued.
Bid of Hoban & Roach.
10 inch pipe sewer, per lin ft.•• ....... .,....2.65 i
8 °inch pipe: sewer, per lain ft.... • ...:.. !'......... .75
6 inch PbPe sewer, par.lin ft•• 1.00
Manholes per ft.-In tQepth. ..: • ... q
Manholes curbs and covers, each......:..._..:. ...... 2I.00 Storm water inlets, each.............. .........'.14.OD
Cheek i100.00
Bid of Staples & Ackerman
10 inc P
ci e sepwer
P. per lin ft•:... ...............::..2.50 QQ inch pipe sewer, per lin
a a a. • J a i . 6Iatno holwater -ftinch pipe sewer, per tin ft,... .......... ...........10.00R0
MAliole 0
,P.er, ,,nep...0.00es1. curbs,and coverseach...23.00 lets 9 each..... .
Ceheck. $100.00
Bid of Jos,. A°.° LU%her• on' pipe, 'sewer' bn'Carroll Street.,
10 inch pipe sewer per lin ft..... ................$2.00
8 inch pipe sewer per lin ft,. .............-.... 1,00
..6 Inch pfpe 'sewer per lin ft .......:..... ... ,75
• ?oYes per'ft. in- detth................ 12.00
> jtorm tQr, grates each ................,......•••:. 15 00
> anholes,.curbs and,eovers, each ................... 25.00
a..•aJa Y.• Y Check $100.0.0
Bids°ofr pavement on Benton Court.
Bid of Hoban •& >Ro&L-h .... ° . °
° 'Paving vit,h 7" ,inch concrete pavement.
.......Grading PeT°ou, yd•••... 0 # a ...•...0...: .00........0041.10
Vancretre p&rements -per -sq. yd......... ..... ...... 2.40
8 inch conduit pipe per lin ft... .......:........... ,75
Storm water inlets, each......
......:...............14.00
Resetting inlets, each, ..... ..............�.•....•.... QQResenting �oles covers,each•••••••••••.••..••••• �.:,UO
Cheek 100.00
J J •
Bid of The Whit*, C.onattria.ctdion-Goinpany.: '{p�
° .... rWs.].,Lf..per. sq., 'ft..... • • ...... 0 ...................... •{y:25
J , , Curb' per, 1In +'t V•'••.>r.•...-. ..• . • . • • . . . • .. . . .. . . . .. . : . . .. •65
Grading.per cu. yd.........................:........1.10
Sheet.AAsphalt Trinidad pavemnt per.sq. yd.•,•,., ,3,7g
Sheet Asphalt, Mexican pavement per sq. yd..... ,,3,50
Asphaltic concrete Mexican pavement per sq, vd.,,,,.,., ,l5 -_
Asphaltic concrete Trinidad pavement per sq, yd,,,..3,35
S inch conduit pipe, per.lin ft4,,,,,,,,8,,,,,0,;,,,1.00
Storm water inlets each...•.•.....................14.50
. ° . Marg• °curb' per fin -ft........... • ......... . • .. .40
a Resetting irn1-a-ts, each, .................. •........ .00
° ; • ;e�sa-ttingrhol,es, each ........................... ;3.00
1s we rd red re er ed t the City Engineer for tabulation
to be repoartedr ba;c a esday Ju�y ,�3th., 192 at oj:15 P•M.
Mr. Schreyer apgeared before the Board and-umpidja*d that M. T,
Calef did not put in a good �iob in all along sideoP his residence at North Main
Street• Board agreed to tali N. T. Calif in to meeting Wednesdav July 13th.; 1921.
at 7:15 P.M.
Geo,.-A.,Davis- Commissioner with Mr. Meta and Ma. Sands met with the
poard in regard to" the 1pintixg• of- the Building Code. -No action taken until Tuesday
July 19th.; 1921- at' 703D- P:° M:
' ' ' ' , " The, Board• instructed' GeO,
to Mr. Townsend of the Firs Underwriters in Chiiccaio,BIllinolsC%ndihave himtattthephone
meetingg to be held Tuesday�Kuly 19th., 1921 at 7:0 P.M.and the Board instructed the
Clerk `€o send notices to Committee on Revision of Building-
meeting Tuesday July 19th., 1921 at 7:30 P M. Code to be present at
a " ' Coihplaiftt' about' fence broken at 1217-1317 Wo Indiana Avenue and
same referred' to' D:' C;' Lsytbn; ; Stf-bet Commissioner for investigation,
of Dr. + ' ComplAiftt about horse' $"kinking fountain on Miami Street in front
G. ° B. Allen s residence - at -161& Kiami Street being a huisance and wanted -same
moved to side street. This matter referred to the Water Department.
Michigan in re Communication received from City Engineer V. NaTa tt of Niles
g regard to lights on street intersections, same refered tae Street -
'Commissioner D. C. Legton.
` LComplaint about electric light.pole in way of drive at 742
. Way East. This is an iron pole and belongs to the Indiana & Mich Elec.. Co. This
pole should be reset to the north about 12 ft. as this is the only places driveway
t g the above report filed by the Pole and(Wire inspeetar and approved by
o29
Tuesday July 12th., 1921. Continued,
Board granted permission to the Indiana BeIlloT_el aComipany to mote
one 25' pole 12' east of old location.
Yetition for sidewalk on -Colfax Avenue from Edmund Court to Francis
Street on north side. The Board ordered a thirty 030) day notice sent to the owner of
property on northwest corner of East Colfax Avenue and Francis Street.
Remonstrance filed for pavement on Virginia Street from Indiana
Avenue to Broadway . Same filed.
Board approved of placing a'100 C-. P� light on iron post on south
corner of driveway on west side of Leeper Avenue at Leeper Residence.
Complaint filed by Sidneyy Smith about Highways Imp. Co. ,C6ntraetors
on Lafayette Street pavement breaking sidewalk. Same placed on.file to be taken op
at hearing on roll of pavement.
THE FOLLOWING BONDA AND CONTRACTS WERE APPROVED BY THE BOARD.
PUBLIC IMPROVEMENT CONTRACT.
THIS AGREEMENT Made and entered into this lath.nday of July 1921
sand between Jeeph A. Luther of the ounty of St. Joseph and State of Indiana {herein-
after referred to as the " Contractor" and the Tity of South Bend, in the County of
St. Joseph, and Sta�e of diana,, by ana through is Board of Public Works hereinafter
referred -to as the Cit anPr and b virtue of an Act of the General losembly of
the State of Ind. na, en i �e An Act by
Municipal Corporations,, -approved
March 6,19059 and all amendatory and supplemental acts thereto:-
Witnesseth, that the
contractor covenants and agrees to construct sewer -on Bissell Street from Edd Street -,to
Arthur Street, in the City of South Bend Indiana at and for the followi g prr oes:-
610 lin. ft. of 15 inch pipe , per lin ft......... .
132 lin, ft. of 8 inch tppe er lip ft.... 1.00
308 lin. ft. of 6 inch vondu�tPppipe, per lin ft.. 1._50
2l� lin ft. of manholes per lin ft............,...10.00
gg 6 storm water rates, each......................15.00
2 manholes curbs and covers, each.000.0.0.190009:.25.00
444 to perform all work in the. prosecution of said improvement under and according to the tertas atr i ~ur-
siit�esi� ofsnpr®veiieiit Resolution ltio 865 adopted by the f� and of ,Public Works April �.� a� 1921.
and the plaits, profile and specifications on file in the office of the Department of Public Works, wbith SO
r000ludon, plane, roile and specifications are made a ,part Hereof as fully and effectually as if copied and,
sat out herein at full lengrth.
The contractor further expressly covenants .and agrees that in the prosecution of said work all proper
skill and care will be exercised; that he -- 11 pronPr'j : a-d p o—ct all excavations and dangerous places,
and will use all due and proper precaution to present injury to any person or prcn^rty; that in the event
p any injury or da,ma.ge resulting frcm the w-)r': or res it*.i�g from a~y matter or thing conr_®cte-d therewitfi or
k arlaing therefrom, to any person or property, he v-ill nay are l;c, idate the wane at his own expense, and as-
sume the liability therefor; and in the event of any cialm or claims being made or any actiod' or actions being
brought against the city by reason or on account of or growing out of s�.id work or its construction, the said
contractor will at his own expense _deend the same, and mill pay any judgment recovered therein, and will in
all respects fully indemnify and save harmless said city, its officers, agents or representatives ':tom all cost,
expense, 'pa ment or judgment recovered in connection with such claim or claims,. action or actions. And ;f-
i
W'tehiit jet! . ays after any such action is begun, the city shall notify the contractor of Ine pendency ther^of,
thin any judg-'ttlent rendered against the city shall be conclusive against the contractor and against the surety
tc ilia "tstruetion bond, as to tb- ar.•:ount, liability and other matters pertaining thereto.
And the contractor agrees to maintain said improvement at-d m.alce such repairs as may „�, 1.ecessary
the period and in the manner as fixed by the specifications, and to secure nie maintenance and repair thereof
to file with the Board of Public Works a bond with sufficient surety thereon and in 4n amount as fixed by the
ipeeifications. And in doing such repair work the contractor and the surety. on his guarantee bond shall be
subject to the sar ie liability to the city and" any other person for any injury or damage to any pers � n 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,
A„;d it is further agreed by and between said fart.as that the acceptance of the work provided for in tlas
contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
ions of this contract, nor shall it release said cc tti•r.ctor or the sureties on his bond for the faithful perfoz',::a -
ance thereof; nor shall the acceptance be prima facie evidence of the perform:.nce of an?'provision,of tic,
contract, except to the vxtent of entitling the contractor to the contract price therefor:
The contractor agrees to pay for all labor Pnd materials used or furnished to be used in the making of
auch improvement and in the performance of this contract, whether.done or furnished for him, or. his agctr;.t,
assignee, successor or subcontractor; and the city may reserve out of any allowance made on anjxy,estiirtat.e
in favor of the contractor or 1,;q assigns, or out of the amount due him or his assigns upon the cortspleti(:n
of the work, 'so much as man - cessary to pay all laborers or t:iateriai men for amounts due them fo5•
work• done or materials used or curnished to be used in the performance of this contract and the doing o"
said work, and the county treasurer, acting as city treasurer, may ret-in rioney co." _ :ted from prope t,-
owners assessed for said improvement to pay such debts or until the cc;zt, '-?t they l; c;P ;• +.ave ?, ;�;
r-14 or satisfied `
Tue i
The cont--a-or agrees to remo all rubbish, earth, and unt:sed material in the stre:;ts or aides tat^rc,A
upon the completion o� the inpro;�:in^.nt or the repairing thereof.
The work of leaking such improvement shall be cotnoleted according to the _teals of thus contract on or,
�eforc the......... ....... ------------------------- --- ---- --- --dav of
unless the time for the completion of the sa --A shall be extended in vvr;t..-., by the Board of Public Works,
And it is agreed that any such extension of time, or ar.y alte�•a `.ion c;f this ccntract or of the wanner or meth-
od of doing such workshall in no way affect the duties, obligations or liabilities of the contractor or his sure-
ties.
It is agreed that the contractor s-haN not assign this _•v -r,,.rt• or sub -let the work or any part thereof to
be done hereiinder, ,witbov- the wri, ^n co-a.t of the B.,:� rd of P ,Y;c Works;
(t is further agreed a,-1 stioul -1 tit ? contractor shall rive to residents of said city and county
preference in the em.ployrr nt of ail 1 ',cr nc>ssary in the performance of this contract, and failing to d.)
shall forfeit to the city the sum of ten collars for each failijrQ to observe this stipulation.
And upon the performarc, of all the` terr_is and conditions of !his contract, and th'ngs to be done a ? .
1-rformcd by said contractor the said city agrees to cause the cost- of doing such work to be assessed col.
t>cted' 4 nd paid to said contractor in the manner fixed by the statute governing the snaking. of such impro.:e-
Q. ts.
To caeg of the conditions ar_d'stipulations of this contract, iricludin a.11'and singular the provisions d
`� l= the ' ,-.S, pr file,-Specifica '.�*-.� a.lA resohition a20rc.; I;(l t� "� i..��',il^'!y';�lnds himso if Or +t,,,�i:�':, r
S,2c ccsS or or 8.S<..-,.,�.; of sip r'F, ,
In Testimony Whereof We,. the foregoing named parties, hereunto set
our hands this 12th. day of hly A. D. 192�.
CITY OFSOUTH BEND INDIANA JOE A. LUTHER
G. A. ELLIOTT ' Contractor
H. F. ROSTISER
JOHN F. DEHAVEN
Its Board of Public Works.
.:a Y :L:Cs avoidlfJ
That we - - cT 0 sp - Luther
f dip, C aty of-M.-'-- -dnsaPh --,-- --. St4te ®f ndl - ... _ aiss. _., c^.5 piYi 1-
Ix- t, and ...::....... .Americ�tn _—amety_!.-Con panyr...0f ..
P a i a• P 0 i s _ -
A toe. Couitty .'of- ............... -- ... New --Tar-k ---------- ---
and . St i fie , af___________�T��Y __YD._._
�,Nties, are held and firmly bound to the City of South Bei'id, Indiana;.in the surn of
a a•tlrn•r•er•r'Tr hr_os_d",.._Ada...P'._f.y._i�..v_.-e•a-h-ruP_ndred seventy four--- - ______;__________________ _ _________Dollars_-, �-
t
i,:it p�yrPQr;t.cf ,vhjq,h, yvell and truly to be made, we jointly and seaerally bird o_r,;s1-71� r;74' Q ;,
'.ors, adininstrators and assigns, firmly by these presents.
T a conditions of the obligation are such that if the above named ____---.____
�...------------------- --------------------------------- _.sha11 faithiuli
Y coin !
y `vitll the foregoing ecanafr ,.c$.
m.ac'e and entered into the 12th---------------- dap of--------•--........J 921 1�
with the City of South Ber_d, Indiana. and shall fullill alf the conditions and stipulations therein containeC{'
according to the true intent and mea,iing thereoL in all respects, then this obligation to be void, Otherwfs
tci be and remain in full force and virtue in law. In the event the said City SM11 extend the time for :.fie
completion of said work, such extension shall not in any way release the sureties on this bond.
This shall be a construction bond, and the sureties on the same shall not be held responsible for th-e
maintenance and repair of the improvement after it has been accepted by the second natty; but Stich sureties
stall be held responsible for the fait'-{ul compliance with all other conditions, stipulations and iegt,irei,i` its
covered by or set out in the contract.
® banand seals Bap of =I.0
Agile r can e t Uo any o`-New�'Y'�"'"'
test---h.dPrtts h °Greta
T� ��v� bond�------•-----.......... --�- .._ .....,� (� L
approved this... __....12#rh.,........day of.......
,AA,. ELLIOTT
i L?!rihl+R�........................ ..«..................._........ -
Board of Public Works.
0
53-1,
Mxffllafta Utz=;, *=V=W,
PUBLIC IMPROVEMENT CONTRACT.
-This Agreement, Made and entered into this llth. day of July 1921 by and
between Hoban & Roach of the County.of St. Joseph and State of Indiana (hereinafter
refereed to as the " Contractor"), and the City of South Bend in the County of St.
Jse p}� and State ofxTndia"na, by$se�a- through
virtue;Bofrdn�Aotuof�t Workss
P
referred to -as the Cityy) un an a p y of
the State of Indiana, entitied " An Act goncerning municipal Corporations, approved
March 691905, and all amendatory and suppl.emental'acts thereto:-
Witnesseth, that the
contractor covenants.and agrees to grade, curb mm walk on Duey Averaie from South Bend
Avenue to N. L. of City.Limits, in the`City of South Bend, Indiana, at and for the
following prices ,
1200 lin.ft. of curbing per lin ft .............32
926 cu. yds. of grading per cu. vd................. .85
59500 sq. ft. of cement walk per sq. ft............. .17
.4w, to fffkfts so wer# is theprosecati 80 mprovement tender and aeordtug to tltt� t�� � 921
�f of 1'®r+r+'iko t l motion IAA, adopted by the �aard of NbIit wwk%,....H.,. 'A
st IWO& am weif *lens on file 3-t the office of the FJ"rtme-fit of �t � �j�*%N
F" #"" puffs, offie stid specifications are made a part hereof as fully and t6, t+jjj p ae tf Rtt #�il� It
#Ot Nf hiri#fs at Tint langth.
Thd C ff"tor further expressly covenants and agrees that to the prosecution of 4434 work ell opt tt
Oki t afid CAN Will_be exercised; that he -.•ll prone v��^r- all excava'�iarts aaMd d�rlreruus p at�%%
owl wilt fjee all dite and to er recasttion to pr..v_ t in u. t,) sr erson car , !o ,
P � p j "Y � � P >+-� � ��, that in the evelll
wi hl�ury of damage resulting from the w-)r'.: or result.:^ from a�v mat«er or thi.t nn"^a.�d tha t®t 6r
at If therefrom, to any person or property, he w;ll pay and liglaidate the name at tis own expeels®, and ag.
®he liability therefor; and in the event of any clatrz or Claims being made or any aCtlpn or, rtlona help
Might against the city by reason or on account of or growing out of v1d vrark or its conttruetion, the sal
ittfactor will at his own expense defend the same, and will pay any judgment recovered ihersin, and will to
ill rlsovats Hilly indemnify and save harmless said city, its officers, agents or lepreeetitatives from all cost
ellaeI pant at )udgtttant recovered in connection with such clattzt or claaifna, action or act lons, Aid 'I
it ill tell K_ a after any such action is begun, theey�, city shall notify the contractor of the pendency therptsft
41i Itn }udginant reiadered ageinst the city shall be conclusive against thecontractor and against the surety
lie ►tat&AdI tl mod` tk® to tir a.rtount, liabiiliby and other matters pertaining thereto, `
And the CUI1iraC`.Ur B.grecs to nn1,.,n-.ain sa,C(u
the as fixcci the so
period and in the maimer by f cil7cations, and to sec -re tiie maintenaace a: i rcN_;r to file. -with tie Board of Public Works a bond with sufficient surety thereon and in an an;.ount as ax:d i1v
Specifications. And in doing such repair wort: the contractor and the surety on his guarantee bond shall 1,
subject to the sai�.e liability to the city and any other person for any injury or damage to any per: or pro,,
erty in the same manner and to the same extent as is fixed in the last preceding paragraph coverii;g the co
struction work.
Aud it is further agreed by and between said r art"2s that the acceptance of the worlc provided for in t!,i.
contract, or the payment thereof, shall rot co-'1stitlite a waiver on the part of the city of any of the pro"is:
ions of this contract, nor shall it rc.lea.se said cc .ts (tor cr the sureties on his bond for the faithful per fo
ante thereof; nor. shall the acceptance be prima facie evidence of the performance of any provision of tlai:
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 agmt,
assignee, successor or subcontractor.; and the city may reserve out of .any allowance made on any estimate
in favor of the .contractor or, b o assigns, or out of the amount due him or his assigns upon The completion
of the work, so much as mat cessary to pay all laborers or wateriai men for amounts glue them for
work done or materials used or furnished to, be used in the performance once of this contract and the doing of
said wort:, aid the corunfy, Treasurer, acting as city treasurer, t:i.aJ retain money co:Ifi_- tQd from property
owners assessed for -sai-d'improven ent to pay such debts or until the, contracu,)r s' owe that they have been
Paid or satirfied .. o a
i le co., ra c- a�:ees n, earTh, And un,;sed material in the streets or sid^s tit r;.
� to remo- � a!1 rub��is'
upon the completion of the imnroveine;�t or the repairing thereof.
The work of making such improvement shall be completed according to the terr•is of this contract oil or
before the -- ---- - - --- - ----- day of
unless the time for the con of the same shall be extended in w-iti:,Q .------' 19
And it is agreed that any such eetension of im1s.
o by the Board of Public Wore.
od of doing such work shall in no way affect the dutie' obligations or liabilities of the er,contract or f the ctor mariner
r his sure-
ties.
It is agreed that the contractor shall not assign this ,• ract, or sub -let the work or any part thereof to
be done hereunder, without the �.rit_en co nt of theIsvard of Public Works.
It is further agreed and stipulated that t' 2 contractor shall give *to residents of said ";city and couu¢y
preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
And upon the performance of all the terms and conditions of this contract, and things to be done. 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 b `the statute t
merits: y u e governing the making of such improve -
To each of the conditions and..stipulations .of this contra terms cd-th-6 plans, cts including all and Singular the provisions and
.pF��iil ;
SiAr�eattot`; atld resolution aforesaid, the undersigned binds himself or itself,
rEpective successor assrgn� of such parties.
_Ia Testimony Whereof, We the foregoing named parties, hereunto
set our hands this llth. day of July 19h.
CITY OF SOUTH BEND INDIANA HOBANiH
.RSACOBAY
BY G. A. BLLTOTT Contrac or.
H. F. ROSTISER
JOHN F. DEHAVEN
Its Board of Public Works.
r
� 1
COMUCTIOW DOWN
�� F .� �•YNv '"x.d6tbiilr y;ljbi ����^ w.a..r.�aaaaaaaaaeaaaae¢nReae:cete,¢_... _uTc,_. ;E'y�'
jl1N11' of A�f ,,,,([fl/<Af„capd...,, ---ef »-•.W�n�........ ®a� �kl
- ��f' �� t,f Yxf•f�#�StNdr�OM,S.A.�,Ylfi� 4LL6K6Ea=-=-'sS wdGCfl� ��� r .
... .............a....a ..
c 1r1� .act Nei York
,,..f.,.,f... r.YYY.... ........... - _. ....and 'State of ...........(IR(..
44:01001041 AV$ told And 4rmiy bound to the Cityof South Bend, Indiana, in the stim
.. 1A.7,..itf t�l s i%1Mli r.■ . .Y. , three -r« �... ..
-- --; ........®llas ( 1, 053.00),.
f l ® P%ymO�t Of WhIch,well'and truly to be made, we Jointly and severally Wed ®7 rge mj G3,1h' li.0141
4d Wtrfit'00 antit `Assiph, fit�,tnly]C by these pi eSent :
Th oond'itiono oW the ttgl� •thou are Mod-h ' that if the a-bo ..,...,
Y�' named :uaaaur=arras;aaa. at ...
«—•.......•-----$QbaA_--8e--i ------------ -..............-shall faithfully comply with the fore Big
ry •� ti EO�rcaFiCt,
made and entered into the }}# day of JLi�.y...A.Z2.k.
with, the City o£ South Be d, lndian.a and shall fulfill a1P the conditions and stipulations therein contained,
according to.the,traie antvnt.pj-d fn r,rirrg thereof, in all resa;F::ts, then this obligation to be void, otherwise
to be arA nevriain lu.#a11 i,arw-a ld -virtue to law. In the eve-,-, the said City shall extend the time for the
completion,o; sW w.0V%,, ,,s1,ch.extensior1 shall not in any way release the sureties on this bond. �
This shall be a construction bond, and the sureties on the same shall not be held responsible for the
maintenance and repair of the ;improvement after it has been accepted by the second party, but such sureties
shall be held responsible for the fait' ul compliance with all other conditions, stipulations and requirements
covered by or set out in the cot .4 :t.
r 014A,56 Our hands and sear this ..... _a.it,
American Sure -• day of July-
. By, Company o..........�LYork�Hoban & Roa40,
t Ce es d¢nt Hy RObti...,,....(SEAL)
crg�h_.
ei iclen ASSs" ErL .'$Oban
�i}� s���vt b®�td s:nproved this.---•-----------..7.2 ,
. _.: __..__ ; c�._... July._. 921.... ,
H -, F ROSTISER
SEW...,..................... ._ -
Board of "PTl-lic W()rl-s.
PUBLIC IMPROVEMENT CONTRACT
This Agreement Made and entered into this Jul 8th. 1921 b and between H. X. Barnes of the Count of St, y
Sby y Joseph and State of Indiana
hereinafter referred to as the " Contractor"), and the City of South Bend, in the
OuntY of St. Joseph, and State of Indiana, by and through its Board of Public
WQrks herei fter eferred to as the " Ciit "), wader a d b virtue of i an Act
oP the &enerallAssem�lfy of the State of ndina, entitle " Act Concerning, MunicipslCorporations ,approved March,1905, and all amendatory and supplementfi
acts thereto.-
Witnesseth, that the contractor covenants and agrees to construct,.
cement walk rade: and curb on Elmer Street from Keller Street to.N. 1. of Mayes
Mich. Ave. Add, in the City of South Bend, Indiana at and for the fol o 1 wing prices
3244 lin. ft. of curbing per lin ft............. 35
4124 cu. yds. of grading per cu. yd.. ............. 0 r
�.
159320 sq. ft. of cemeni Walk per sq. ft.....,..
ward to perform all work in the prosecution of said improvement under and accol'ding to the terns tarr,9 cure
L
ditions of Improvement Resobition No. ___881 Worksublic
and the plans, profile and specifications on file i-i the office ofPt? eyDep4 nt oof f Publi Works, wb;,hl 921 .
resolution, plans, profile attd specifications are made a part hereof as fully and effectually as if copied and,, z
set out herein at full length
"1 he contractor further expressly covenants and agrees that in the prosecution of said work all proper
skill and care �- ill be exercised;.that he -='•1 ror)9r'v � ; -.l-
and vi ll use all due and proper precaution to prevent-ajury4*o rY nee on excavations an i dangerous places
any injury'or damage resulting from the wore_ or resui_t'ra P" - y; tha± i� it, ev,--)t .f -
5 g i from;a-v matter or thing connected therewi'h'cr
arising therefrom, to any person or property, he v- 11 nay anri lieuidate the same at his Own expense, and
as-
sume the liability therefor; and in the,event of any claim or claims being made or any action or actions beifig,
brought against the city by reason or on account of or growing out of s-.id work or its construction,-tl^ , d
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 f
within ten days after any such action is begun, the city shall -notify the contractor of the pende-cy there f,.
then any judgment rendered against the city shall be conclusive against the contractor and against the surety
on hio construction bond, as to th- ar_tount, liability and other matters pertaining thereto,
a.
33
Tuesday July 12th. , 1921, Continued....`
And the contractor agrees to malmi-ain said iniprov :lent and inal:e such repairs as may ,n +essary
the period and in the manner as fired by the sw-cifications, and to secure-t.re maintenance and repair thereof
to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
specifications. And in doing such repair wofk-the contractor and the surety on -hi,,. guarantee bond shall be
{
sabject to the sar_-:e liability to the city and any other person £or any injury or damage .to any per _ n or prop-
erty iri the same rnaimer acid to the same extent ,,s is fixed in the last preceding paragraph covering the con-
struction. work.
Arad it is further agreed by and between said hart' �s that the acceptance of the work provided for in t!tis
i
contract, or the payment .thereof, shall not constibite a, waiver on the part of the city of any of the proves-
i
ions of this contract, nor. shall it rcleaje said c_-. r,,:ctor or the sureties on his bond for thejaithful per£ w.-LA-
9
ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
the to the contract therefor.
contract, except to the extent of entitling contractor price:
The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
P
such improvement and in the performance of this contract, whether done or furnished for him; or his agent,
4
assignee, successor or subcontractor; and the city may reserve" out of any -al':.owanc° .rna.de on any estimate.
in favor of the contractor or t•-,� assigns, or out of the a:,a,ount due- him or his assigns upon the completion
cff the work, so much as ma, cessary to pay all laUore.s or t:iateria� men for ar.ounts due thorn. for
work materials useu or :tarnished to be used in the perforrr.zrrce of this contract and the doing of
.done -..,or
said worn, and the t:oulity maslarc:t','acti±ig'a; city kreasarer, m:ly retain moncy- col_ -ted ,from prdperty
that they have been
owners assessed for s6d.ixipp( errrent to spay sIItch 4ebts -or uriril the contractor e )ws
paid or satisfied .. , ... ,'
4r@m(o ca4l-rub:) sh,, earth, and un+:sed ma.teiial in tite sere -As or. sides Vtcreoi
aeon ,the completion of the improvtm::at or the repairing thereof.
t
The work of making such improvement shall be comoleted according to the terms of this contract on or
before 'the---- ---_------ -------------- -------------- ------------dar of:. = 19----------e
unless the time for the completion of the sane shall be extemled in w. ti :g by the Board of Public Wor
any
And it is agreed that any such extension of tin ?; or any alteration of this c-rntract or of the manlier or -h-
odm-�
of doing: such work shall in no way affect the duties, obligations or liabilities of the co rtra.ctor or his sure-
`
q
ties:
It is agreed that the contractor shall not a.ssi.n this act or sub -let the work. or any part thereof to
be done hereunder withovi- the writ _-.en conts hit of theI;,_ d cf P. biic Works. .
It is agreed and stipula'-ed that t'i
,further r contractor shall rive to residents of said city a county
preference in the employment of all labor nec2ssary 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 din a
performed by said contractor the said city agrees to cause the cost.of doing such work to be assessed, cci
lected and paid to said contractor in the manner fixed by the statute governing the malting of such improve -
w erns.
To each of the conditions and stipulations of this contract, including all and singular .the provisions ar-,d
terr_is of the plans, profile, specificatror:-3 and resolution. aforesaid, th.p undersigned binds himself or itself
and t1 M rc•-pective successor or assijZns of such..rarties.:
In Testimony Whereof.. We, the Foregoing named parties, hereunto
19M,.
set our hands this July Sth.,
CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES<
BY G.:A. ELLIOTT Contractor
H.'F. ROSTISER
JOHN F. DEHAVEN
Its Board of Public Works.
CM4 TRUCTION M14D
Lf° z - -.. l:y ti'-�� � tvcGi--Mt$. That we -. ----- -err--- -N. Barnes
.�
-
- -, Mate ofN _ JXidiana� ........ --....... ...........'
of the County of.».... St. Jose-Dh
as pri
�Tew Amsterdam Cssua;ty Co. of Baltimore ,~d
pal, an, d »------ - .............._._....-._ ... -- -...................�............................,. ......»,.
of'the County of-........S#..-..I O�SE 1 - ----.- and State of ..............Ind ianYa..............:,,.., .�....
as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of......... ,,,,..... .
K
nd Seven hundred - - -
.._............ . - ----........_.._...--- ------------------------ Dollars ($ 3 t 700.0 ,
for .the payment of which, well and truly to be made we jointly* end severally bind ourselves, our hei'
executors, adminstrators and assigns, firmly by these presents.
The conditions of the obligation are such that if the above named.................................................„...........„„
Harr N. Barnes ------- - ---- shall faithfully comply with the foregoing contract,
made and entered into the ------------ --------- 8111.&------------------ dayy .of----------------_-•--, JAI..Z.. 1=2621........ .............
the City South Bend, Indiana. and shall fulfill`all. the conditions and contained,
'
with of stipulations therein
according_ to the true intent and mea�iing thereof, iri all respects, then this obligation to be Void, otherwise
to be and remain in full force and virtue in law. In the event the said City shall extend the time for the
completion of said work, such extension shall not in any way release the sureties on this bored.
This shall be a. coist,�r ion bond, and the sureties on the same shall not be held responsible for the
_
maintenance and repair of the improvement. after it, has been accepted by the second party, but such sureties
shall be held responsible for the fait'-ful compliance with all other conditions; stipulations and requirements '
covered by or set out in the contract: `
(Jt.. 1,.t),a-s aitd seals this ............... ...B.th....... ..day of.._. ........ JU.JYy. 192I, ,. „. .
NEVG...AMST RDAbd.- .T .VALTX...Q_R► ..:(SE�'�L} .._, HARRY N. BARNES (SI✓AL,
SS .......:. ......__...__..
BY W. 0, ELLI�TT
Agent ..........................•-- ....... __(SEAL) ...----------...._....:._.......,..............„...........:..... S?
'Die <dhove bor)d approved this ......... j_2_frhJu1.ai.1921...
..........
.. .. . _. ...,-...._..G..._..A......,MM.iM►M.1t.S.,RSR...... ... --_•----- •-�
-------- ---•�
H. F. ROSTISER
J •i' �E4N--- ----
. .
'53 4
r
1921.a CCo ti ued
PUBLIC IMPROVEMENT CONTRACT.
THIS AGREEMENTy Made and entered into this 9th. day of July 1921
b $nd betty en White construction Compan of he Cou t f St Jose hh and State
o Indiana hereinafter reT*erred to as tKe ontractoi14g, and the Bit of South
t o foun of St JState f n i ygf b nd th oh Itgs Boa d'
tJa0fe1Rgtj1sg�etEand
yoe S a°,t $o f ndian�ay ,.t t?JJ 0 ue °. a
ing Municipal corporations , approved March, 105 $'d n y a �mcern
supplemental. acts theretot � 9 , n all amendatory and
liner that thhe c nt act r covenants and agrees to construct
pavement on treat from St.<t au s B vd. to t. Peter street, in the City of
South Bend, Indiana at and for the :following prises:-
215 cu. yds. of grading per cu. 7d•.................1.25
2 reseeting inlets,each....... ....`................. 3.00
25 lin. ft of merg curb per lin ft............. .40
960 sq, yds. of Trinidad Asphaltic,concrete pavement
per sq. yd............... 3.55,
and to perform all Work in the prosecution of said imprpvemerk atioder and according "to the tert:is and Mt,.
ditions of TmprQveni ent kesoitttion No.._a73 ............. - adapte4by"4he Board of Public `a'Vorks.....M$Y.A.s.1,921. >
and the plans, profile and :specifications; on file in tithe office of the Depa-tment of Public Works, whinh slid
resolution,.plansr profile acid sgeeifications are made a part hereof as fully and effectually as if copied and
set out herein at full. length... '
" h contractor further expressly covenants and agrees that in the prosecuf;on of said work all pruner
swtrill and care t;'1 bs exer.is3-; th the ll.pran * d p r� all excavations an(i dangerous lace;
and (FTi}l use all due and P-op rpr.,cas- on to pr v ;it intv`v'-) i� y person or prn- -•v tH_g k�
^ t i t ev n ;,
any inlV.iry or damage p' _Sulftn from. t!- w'?rl_ or resultIrg frori an 7-;a.tter or thin- r ®^�r s g, v y or d th._ r, S7t t, r r
arising therefrom,, to any person or property, he v-411 Pa v a>nd iic� :idate the same at 1'iis oven expanse, anti ar
sumo: the. liability'theieior;'and in the event of any claim or claims be%ng made or any action- or actions b_ .', o
brought age > st•.the city by reason or on a-ccouat of br gi'muing out of s=:d vrortc or its'can^tr±+r_tion, r,_ s
contractor will at •his own,expeRsc defend the same, and will pay any judgment recovered therein, and vv+'' in
all respects fully i4demriify andsave.h"'leai said city; its. officers, agents or representatives from all cast,
expense, payrr ent or fud iiient ><eca�ereci. in connection with such claim or. claims-, action or actions, s4�d f
within ten days after any'such;;aetion.-ia begun, the city shall notify the contractor of the pendeY-cy ,ther: of,
thta any judgment'-rendered"against the city shall be conclusive against the contractor and against the surety
on We coil'struction bond, as to ib. antount -liability and other matters pertaining thereto.
And the cot`amctor agrees to wri tin sfli(l ir'lprt� 7 :.,'_PTIt a-:G I.7�-.e sa =i1 repairs as I_: y , period atiid in the rmarner as,fixed,4y the.sn?cifications, and to secare t,'ie maintenance and repair t:
to file with the Board of, Public',,WorksLa1koncl w'th sufficient surety thereon and in an amount as.fixed by 4 ,
.specifications, ,And in doing; such lreptif"work the contractor and the surety on his guarantee bona sh t1•.bV
subject to the sat ,e liability to the,city;and:anyeother,person-for any injury or damage to any pers., a or -props -
erty.ili the earns rrianner.and,to.the:,saine:extent.as is, fixed, in.the last preceding paragraph covering the core-
struction work.
And it is farther agreed by and between -said- -:irf',3s,that the acceptance of the work provided for in tliis
contract, or the payment thereof, shall not constitute,a waiver on the part of the city of any of the provis-
ions of this contract, nor shall ,it releaae saidccittractortor 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 this
contract, except to the extent •of .endtivig the :contractor'to the contract price therefor.
The contractor agrees t® pay for all labor, and imaterials used or furnished to be used in the making of
such improvernwit and.in. the •performance of this i contract, whether done or furnished for him, or his agent,
assigns®, successor or subcontractor; and ,the city -may reserve out ,of -any'allowance 'made on any estimate
in favor of the contractor or h,'s assigns, •or out of the amount due'him or his assigns upon the completion
Of the work, so rnuch;as ,retie = -
3 - ?cessary to ,pay .all .laborers or inateriar imen 'for -amounts due them for
Fork. done .br #nateriajs fused 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 coll,: i:ted from property
owners -assessed fOr Said ,t> Wroxmnemt %o 1pa-y Stich (debts (or turiiil ithe contractor 'shoes that they have beCn
Paid ovsatisfiucl
to remo• a(( ru55?sh, earth, and un,sed material in the streets or sides t - re.;;
upon the completion of the improvement or the repairing thereof.
The work of making such improvement shall be completed acc-orcling to the teri:rs-of this contract on or
before the ------------
dayof ------------------------------------ 19.... ,
unless the time for the completion of the sar,e shall be ex* -ended in t'rr t: g by the Board of Public Worl�s,
And it is agreed'that any such extenczion of time, or any alteration of thi
ties. s � contract or of the manner or mh-
od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure -
It is agreed that the contractor shall not assign this tract, or sub -let the work or any part thereof to
be done hereunder, without the writ -en cons tnt of the Board of Public Works.
It is further agreed and stipulated th?* 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 and
r' 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 b
r .eats. the statute governing the making of such improve -
To each of the conditions and stipulations of this contract, including all and singular the proyisions and
ter::s of the plans, profile, specificatioi._ and resolution aforesaid, they undersigned' binds himself or itself,
an4 f__ rc_pective successor or assigns of such parties.
In Testimony Whereof We the tbregoing named parties, hereunto set our
hands this 9th. day of Jufy 1321, ,
THE WHITE CONSTRUCION EOM.
CITY OFSOUTH BEND9 INDIANA. M• E. WHITE
PreBY G. A. ELLIOTT H. B. DETWEILERs• &Trees.,
H. F. ROSTISER Sec'y. (SEAL)
JOHN P DER HAVEN Contractor
ITS BOARD OF PUBLIC WORKS,
m,. � .. a., .. Tu � „ l '2f is 1.A,21 n �,., + �,�„ e,ii ; K •�,.: ,
CONSTRUCTION Uf)ND
1y� [i gee pats. .That we-.---- --- �11h1t@.:_4.Q11B#ixtl.0iQ.A..GQ.a.... ..w..............
of the County of. .......... ilvauke----------- State .. as pruaci-
pal, and .......... '-Yia.Ltd---oa ltex`._0omS.an� --- of Baltimores Maryland_ (a._corporation)
of the County of -------------------------------------------- - and Sta.' of
as sureties, are held and firmly bound to the City of South Bend, Indiana, in the suns of...._.......:_.........'..
-- ---------- Ane- ... Tha.said--- Eight ..hUrldr4d-- rtZ.-seven-► ..:._ Do13.ars (s 19847.0g,
for the payment of which, well and truly to be made, we jointly and severally bind'oursclvcs, o .i ltci
executors, adminstrators and assigns, firmly by these p. esenvs. .
The ,conditions of the obligation are such that if the above' named........ }.._ 4.................. ....... .............. "
_.,.. .......... Wixt#.Q---- Gonatrika.tl.Qu..CO.a .....shall faithfully comply, with the foregoing coid.i.-act,
made and entered into the -------------- 9 11.0----------------- - day of.....: .....ST.la,Ik .19-21 ......�.e.
with the City of South Bend, Indiana and shall fulfill ,alr th- conditions and stipulations therein contained,
according to the true intent and mea�iing.th?reof, in all respects, theh3his obligation 'to be void, otherwise
to°lie and remain in fall force and virtue in law. In the eve. ;'the said City shallOxttnd the time for the
completion of said work, such extension.shall not in aqy way, release the sureties bn this bond,
This shall be a construction bond, and the sureties on: the same shall not be held responsible for the
maintenance and repair of the improvement after it has been accepted by the second, party but such sureties .
shallbe held responsible for the fait',rul compZance with all. other conditions, stipulations and requl cirimts
co u cd by or set out in the contra t. °
. G,. hit :cs hild st;As t N..,.. gth - July.. 1921 0
MARYLAND CASUALTY COMPANY THE WHITE CONSTRUCTION CO.
By EA�I1� �►. - Y---_---..-._-_------.(� }.} .... i t E. "WHfiTE , , ..,,.....
Its Attorney in foe -, Ares+ & Treas
w
g: Wentsl: i -
. L., ....-...g.,.. B. ,DEWEZLER,ecA)
T;:e acute bond.ai,lzcyed this 12th.._ ...._...�... } - July :,1921:...
---- - ..
(; ---A;---- R1Ar1-0-TT =--= ._.._.......
H. F. ROSTISER.
J6W;F:''_DESAiiEN_
PUBLIC IMPROVEMENT' CONTRACT.
'_PHIS'.AGREMENET� MADE ENTERED I 0_ T HLg $62T ; . DAY OF
Jul 192 by and between Harry N. Barnes "of t' he Count of St. Josepph and State of
Indl ma 1hereinafter referred to as the Co tractor..), and the Cit of So th Bend
in tie County of St. Joseph, and State of Cfngrt
na, by anthrough 1 s Board of Public
Works hereinnaa ter re er.1919059
ed to s " Cit u dpF and y virtue -of n ct ohe
Genera Assemb�y of t�e ate W I��ana, e�i#�le� An ActConcerning �un�cipa orpora—
ations , approved March an all amenuatory and su pplemental acts thereto:2
`Witnesseth, that the contractor covenants and agrees to construct,
sidewalk on Emerick Street from Howard Street to Leeper Avenue, in the . City of South Bea
Indiana at and for the following prices:
curbing per lin ft..........:.. ...............$-35
Grading per cu. yd... ......................1.00
2475, sq. ft. cement wally per sq. ft.:.........,,lg
and to perform all work in the prosecution. t;f said improvement under and according to the terins awe coin-
ditions of Improvement Resohit-ion No. ..__M. P-7 ------- adopted b� the Board of Public Works... 1921.
and .the plans, profile. a.nd specifications on file in -the' office of the bepa. tment of Public Works. '�vlit •sa%
-resolution, .plans, profile and specifications are made a part hereo ';as' fully and eftectualry as if copied and
set out herein at full length. °
The contractor further expressly covenants and agrees that in the prosecution of 'sad -work all proper
skill and care - i!1 be exercised; that he - -='l pro*>Arly a' d p o`'�,t. all excavations aini dangerous places,
and will use all due and proper precaution to prevent inju.•y to :r.y person or p-rn.-ty; that it *1^e event c;
any injury or damage resulting from the wor`� or resultir from ar.y matter or thing conr.-ctpd, therewit% or
arising therefrom, to any person or property, he w=11 Pay ar4 liquidate the same at tis ot-,n expense, and as.
surne the liability therefor; and.in the event of any claim or claims being made or any action or actions being
brought against the city by reason or on account of or growing out of s,�.id work or its construction, r: said
contractor will at his. own expense defend the same,.and Nvill 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 f
within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
then any judgment rendered •against the city shall be conclusive against the contractor and against the surety
on his construction bond; as=to the amount, inability and other matters pertaining thereto.
And the corsractar agrees to maintain said impro -rcrient a3 , i ;ae:e su :h repairs as may o-, t:s;iessary _.
the period and in the manner as fixed by the »?eifticatiorlg, and to securg ttie tna nterlanee end repair thereof
to a with the Board of Public Works a bond with sufficient aiAmt - theregn and in art et punt fix e by the
specifications, And in doing such repair work the contractor and the aunty eAhis fuatee
subject to the savue liability to the city and any other person for any injury or damk#4 tq 1,,qy pens rl 9
arty in the same manner and to the same extent as is fixed in 'the last preceding pljrajraish of vell l psi eA =
struction work.
And it is further agreed by and between said rarf% a thnt the ateeptafiee of the Work rovidid for In t.Mf
Contract, or the payment thereof, shall .not constitute a waiver on the part of the elt<y o stly f the povil=
lows of this contract, nor shall it release_ said co.itructor or the sureties an hid bolld for the fait h1 elf�or
&nee thereof; nor shall the acceptance be prima facie evidence of the perjortnaltee of any prov ligh of thil '
contract, except to the extent of entitling the contractor to the contract price therefore
The contractor agrees to pay for all labor and materials used or furnished to he held In th, kip
®�
such improvement and in the performance of this contract, whether done of 1urnidhed for hill, 3y1,, 11441
assignee, successor or subcontractor; and the city may reserve out of arty allowance made an 21,; Ali to
~ In -favor of the contractor or h,- assigns, or out of the Amount due him or hie aee3pr open the so lI of on
of, the work, so much as -may >cessary to pay all laborera or materita men lot ai it eft f s lam'
W rk done or materials: used or furnished -to be used in the perfarstlants of this cofitrsit "d 0.1
said,work, and the county treasurer, acting as city treasux�r, ttt2L retalts mom /�11 11 � it, if
owners assessed for said tuq)rovement to pay such debts or"utitil t e�+satifftitoX Yf►- `.
paid or ;satisfied ,
5 3 6"
The coat-a,:`or ag,.-ees to, rema .- all ruh:MMil, earth, a.nd unined ►at1 #'ill R t11� #t1tA to ltl � °tr °3:1c
upon the completion of the improvement or the repairing thereof,
The work of making such improvement shall be
before the c®rnplated according to }h% torrij; of thll I0lltro'ft Qtl Eft
... ......,.day of
unless the time for the completion of the same shall 1j ,,,,A„R,R,R,RR,.,,,R, tARRAA,RRARRRAAARARRAR,� RRSAt1 S.:®1
And it is agreed that any such eitension of time, or Uny alterr,�ioned iof hiaiot, � �Qt Ortho o f tho pia �@r� � g8' 1j,
od of doing such work shall in no way affect the duties, obli�atlons of llhillti�s of the 4E#l�tt'�,pto or hid iitiYo�
ties.
It is agreed that the contractor shall not assign this , „rnet, or stab -let the work or. Any past th@r@of to
be done hereunder, withot•t :the wri!' en of the i t trtl t P Pj;JAI Works,
It is further agreed a, d strpula`ed th�'t b'q F enntractor shall gi.'ra to terfidents-.Af 01jid g1ty and equilty
preference,in the ern.gloyrr "r t of necessary in the performance of this contract, and WINK to do so,
shall forfeit to the city th,- sum of ten dollars for each failure to observe this stipul'atlon,
And upon the performaneq of all the terms and conditions of this contract, and things to he dolts a,t�
performed by -"said contractor the said city agrees to cause the east ci` doing such work to be aepssed, Eo1-
lected and paid to said contractor in the manner .fixed by the statute governing the making of sttolt iltlprovo..
to ents.
To each of the conditions and stipulations of this contract including all and singular the provisinlis at+d
test :s of the plans, pr�:file, specifi att ,; and resolution aforesaid, tho undersigned bilido hin)t�e1f @P itsci{
and tl>w. rt. pective successor or, ass; n3 pf sucii Bart es,
In Testimonyy WY�ereoj,.We, the foregoing named -parties; hereunto
set our han s this 12th. allay o July 1921.
CITY OF SOUTH BEND, INDIANA. H• N. BARNES
BY G. A. ELLIOTT Contractor.
H. F. ROSTISER
JOHN F. DEHAVEN
Its.Board of Public Works.
'CONSTRUCTION N B-014D
UY" fl That we ------------ -I s _- Harry N. Barnes
.
of the County of._..-_-.St,6... j'oftph----------------- -- -- State of_---------Indiax�►....._...............F_.......... ..-.
_ as prat.;•;•
pat, and _--..._. 4b8r_Laa__,S l00CUSS�n__L�.nd_ A r es
of the County of_.#R 4T03@ph -- .................
....and State of.. i8Y11�
as sureties, ire held and firmly bound to the City of South Bend, Indiana, in the sum of__......
Two hundred and twenty two ----
------ .........................................--.Dollars ($ 222. 0 )
for the payment of which, well.and truly to be made, we jointly and severally bind aett:♦cl;;:, o. (} zi
executors, admiiistratiors and at,signs, firmly by these presents.
The conditions of -the -gbligation are such that if the above named .................
---- ---. ..,.._._----------- -•_shall faithfully comply with the foregoing contrnc,
made a.nd entered into the.. -12th
• --•-- day of ----•---•--•... � 3�..I�21.•..................... 19 ........
with the City of South .$end, Indiana. and shall ftilfill all' th? conditions and stipulations therein contained;
according fo. the true intent and r*mea�iing thereof, in all respects, then this obligation to be void, otherwise
to be and reriiain �in: fall fgrt e and virtue in law. In the eve, : the said City shall extend the time for the
completion of said Work,c ,susxtension shall not in any way release the sureties on this "bond.
This :shall be a construction bond, and the sureties on the same shall not be held responsible for the
maintenance and repair of the 'improvement after it has been accepted by the second party, but such sureties
shall be held responsible for the fait'-ful compliance with all other conditions, stipulations and requirements
cohered by or set out in the contract.
FiVI'1'lrilr; :: our. Ham is, at►d♦ gcs.ls th s:,--,,,,,12,t3a,,:R.:.:....::d;� ::1�21
H,. N. BARNES
:...............:...................... ------- ...,.....,....,,,,.,.,... (SEAL) Zfttn.A..
.w....... .......... ..................... ....... ..... (SF;AL) CHARLES SUABEDISSEN
The shove bond approved this...,........ 'r dd pp Julv 1. 21 :j
,�......,;....•... At... ELLIOTT
H. F. R6b''�I'SEH...............,..--. ----.--------
IRO rd of Public Works.
1 STATE. OF INDIANA SS AFFIDAVITS FOR PERSONAL SUPETIES
ST. JOSEPH COUNTY
I, Charles Suabedissen, swear that I own.real estate in
St.;Joseph Countyy State df Indiana, of which I am passessed in fee simple of tb,,
the value of $5000 Dollars over and above my indebtedness and the exemption
y
allowed me blaw, as I believe, so help me God. p
Subscribed and sworn toAbeforeBmet the undersigned.Notary
Public this 12th. day of July 1921
My Commission eexpires July 20 1922. Veronica C, Sweeney,
� Notary Public
STT ATOSEP11 HD SS
I, J. A. Barnes swear that I own real.estate in St. Joseph
County, State of Indiana, of which I emn possessed in fee simple of the value of
5, 00.00 D 11a over a d a ove In ndebtedness and the exemption allowed me
y 4aw,.a9 ble eve , s help meo.
04 A. BARNES
Subscribed and sworn to before me, the undersigned Notary
Public this 12th. day of July 1921.
Veronica C. Sweeney
My Commission— expires July 20,1922. Notary Public
537,
1 �
Tuesdev 12th, 1921. Continued4
r
Building Comdisssioners report for the month of June 1921 filed and -
approved by the Board.
Guarantee bond signed by Williston Construction Company as principal
and London crud Laneashire-1Indemnity Company of America as surety was approved b the
Board for a five year guarantee on asphaltic,conerete pavement on Frances Stree from
Cedar Street to Grand Trunk Ry. Company under Improvement Resolution No. 7899
Guarantee bond signed by Williston, Construction Company -as principal
and London & Lancashire Indemnity Company of America as surety for resurfacing of Lawndale
Avenue from Lincoln Way West to North line of Van Buren -Street, under Improvement
Resolution No. 72f for a five year guarantee was approved by the Board.'
Guarentee`bnd signed by lqilliston Construction Company as principal
and Mobe. Indemnity Co as surety was approved by. the Board for a Five year guarantee
on'Sheet Asphalt pavement on Walnut Street from Sale Street to Indiana Avenue;, under
Improvement Resolution No. 803 was approved by theoard.
The following resolutions were approved by the Board.
SIDEWALK IMPROVEMENT RESOLUTION NO. 897.
Resolved b the Board of Public Works of the City of South Bend,
St. Joseph County, State of Indiana it is desires, necessary to improve Webster
Street from Ind Jana Avenue to Pr gg Said street shall be
raded from property line es propertyoadwa t0and cementbsidewalkrsdhellcbeeconstruct all
ge constructed on both sides of y
A11 as is more .
on the east sshownfandiadlltrneaccordanIndiana
e waithAtheuplansprprofilese detail drawings
particularly
and specifications on file in the office of the Department of Pubic Works of, the City
of South Bend, Indite
in accordance with the plans, profiles, detail drawings and specifications
on file in the office of the Department of the Board of Public Works of said
Gity; aAd such.improvement is now ordered.
The cost of said improvement, including the cost of street and alley
intersections, -shall be assessed upon the real estate abutting on said
i..........r........ ................•••..•••... _•••......•••••••••••••••'•to.
••�
all according to the methoc?. ar.3 na..'Iner provided •for in an Act of the Gen
eral Assembly of the State of Tneian,,, entitled I 'An Act Concerning Municipal
Corporations," approved. r'c' 1905, a:nd it ecc"�?nce,w+.th an;": pursuant to
the provisions of all- amen ,�,tory Fnd supplemental. -Acts thereto,, passed by the
General Assembly of the State of Indiana. Asseesments', if deferred, are to be
paid in ten'equal annual installments, with interest at the rate of Six per
cent per annum. .A bond or bonds shall be issued to the contractor, in payment
of such work, unless the property owners pay baid, assessment, before ;.saidbond
or bonds are issued. Under no circumstances ahall`'the City,o.e Svuth.Bend, be,
or be held responsible for any sum' or Sums, due om . said property owner or
i'r
owners for said work or for the collection of the .game4 or fa$ the payment of
any bond, bonds, certificate or Certificateri, oontractor in pay-
meat fft such work, except for such moa+sys as $hall have been actually re- -'.
asived by the City fa om the assessments . for such ;improvement, or, such moneys
as said City is by sad above ,entitled Act required to pay. A7.1 pr�oceedingg
had, and work -done iri the making of,_gasd; imp.r0ement, assessment, of property,
collection of asses'saienti. and issuance of .bonds therefor, shall be as provided
for - in said above entitled Act and. amen�'ments thereto.
Notice_ of this resolution ah 11��� b� published qn the. .hs�...•=•.day of
.... july.1921a .... and on the, 2 th., .. `: • day of y ii4i
in the South Bend Daily,.. TrOme..;:. Tb .s Board *ll give hearing on
this resolution ire it3 office . in the 0}ty HaII .64 the :: 3rd. . , .:..day_of
�...... At��1��s.�r ......... , 19.21. , .at 7 1.5 P ; M. � �°�,i
fldopted this .: ,. ,0 lz h• ..... day. of . July 192I • 19 ...:.i
_ ELLfiOTT'
BARD- OF PUBLIC WORKS:1 . , ..•::......- .3;. F .ROSTIS�ER ...0 w.,.�z.
Q.N. F DEkAVEA
t•1•-• •(if.• • ••+•i..�.5•�,•y�C•i•fRi•t�l•(V.Nff•{lRj71.4••I
:Mesteft!
". ,_ 41-,
Clerif of . Boara., 7 z_ ''> _ 1,m :_ ..•._ i
u
i
SIDEWALK IMPR OVEMENT. RESOLUTION NO. 89e.
Reso, uQd� b � , the oard o . blic 'Works_ of the Cit of S uth Bend, St. Joseh
Count State o Indi , That��t s deemed; e a sary to im�arove t. Peter Street
rom a Street;'toSide Boulevard as: follows, to -wit;-
e North
Said street shall,be
radedd f pm per, y . ne to ert in to the e a ish d reds and onstrueting
e ent s ew� a c Zent Guy ,bit s�des oi', �sa � tree w ere sanne js ne
,. an�, not a re$ y cdAst'ructec all: as ,is: mare partlbli arl sho ed all in accor ar
3� C C 0 rn�e
wit tli la s rc i e de ail ,dr `wi s d s e if atio s n ils in. the office
oi' he Be ar m n o; is ors r? €Ig City o gIfig Bend, ?,Nf.1na.
detaij dr&Wln t axe she' fic cSx�s. •�. 1�.� � �, �� � '� �x� g �`, ci ate
a cme .off` the. Board of jP p Work
i S� ? �r rh e .nt 3e„ i2o `orc e•re s oI' id
, 'he l cadet o L, •
d p over'ent, i4clt c�inE thQ cost of ,street` and alley
Zriterse�t ohs r; Vie- assessed -upon the real estate-, euttin� on said.
._. ......
ell ... .... ........... .
aye t
the` mefibc� rqh- r "provided f ... , .... .
e2embtiy Eck'"the` $++;e r ' or in an Ac L of • the Gst-
��� ,.y �,'� ntr.t-ed �.n,Act ConcA-rn,_na rrtun,c.pai.
1.jc ._gin P
Corpopa qns-,• a�yfr� nn
thP.:. , �""' �y,.,l' 1 t _ eyV'.��y d in F'!'nrr� ny�.�,
prow �,OZT� or, � 7 m.a , 1 t . zT P: ie suppleynerita? acts,;,thereto, passed ley the
Gnerel5e'nbl;'of' �i� State of Irdia�r Assessment, if deferred, are to be
paid xn tellcu annualnstollments,' Wt- interest at the rate of Six per
cent fe ? ahntxm. ' A bQ N.
0, bor cgs shall be -issued �ta the cohtraetox `in
off` °suc i. v�r 'unto s te ro p4jyment
o .brand rpe'tY ,wear ,Pasaic- assessment before said bond
g a seedi. tn:er sa-li ,.,�.t. of or be h; res d ,s lil0 fob and'tl
e:. e rere d fromsaid Propertyyed p + for the Xpe lcx c .fie game, or for the patent; `pf
on��ce d� �e.rtific #tee
, issued to said cunt'
Mont b
x +t �► a Luc
1.� a lieen actually, re
,e movement, such oneye
Oct r�eaire to pay.
enttZe
3� proce d?Ags
t 1x1; t1�: 1ng' off` s itl mp-rovement, assessment of propor_t�,
ooh off' as.oe,iits a2ic ssuee of=os Sher, ,
efor, shall be as P.
.ep,titled Act. and amend:3..ments thereto.
by�o,{t din shall Yr� published on the ....]1.(3���t]]h..da3c CItyJ�y
f r • ?'�+ ► • 1p`• i �,'} l fi th6_, • 2t9.th} • • • •�T3y Cf • • i �i •�•r•�t1� • • •
ink }� ilk`.", e�t� .ls$ �- • . • . ,
. vis Board will give a hear=g ,.on
ti.b z'6.u�{ } of'�`iCe irk tfie City iia.11 on the..... .....d
b� Lls'i�•�i ,r . 21. 3rd, ay 0;
.diapteth i�l�ii ; .. `� 12.„. , .. aay a
`' A ELLIOTT
MR
,JOHN F. DEHAVEN
ltteste'ro ie${ �Swe+sne
•r
1
TRUNK SEWER IMPROVEMENT RESOLUTION NO. 899.
RESOLVED BY'THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND
COUNTY OF ST.. JOSEPH STATE OF INDIANA: That it is desired and deemed necessary
to construct Sub=TrVnk Sewer in Broadway an Dale Avenue, all in said City, from its
site Qrrd character is not"only intended and adapted for use by property owners
who:sr property s�bu�s•along the line of said -sewer but is also intended and adapted
for receiving sewage from collateral drains already constructed or whichmay be here
-
line constructed and the -same is hereby ordered constructed in and along the fol-
pwtg line in said C4ty,•to-wit:-Beginning at the manhole at the intersections of th
the center line of Broadway and the alley west of Dale Avenue; thence east aloe the
oenter line of Broadway 200•feet with a 15 inch vitrified pipe sewer-* thence south
.ir*e ly 105 feet to the center of Dale Avenue with a 12 inch vitrified pipe sewer;
thence south along Bale'Avenue-220 feet with a 12 inch vitrified pipe sewer; thence
southeaster1y 175 feet to the center..of Dale Avenue Kith a 12 inch vitrified pipe
sewer, together with the necessary manholes, storm water inlets conduits and house
connections to the curb line along the line of said Liprovement.
And to be built in accordance with the profiles, specifications
detail plans, maps and estimates now on file in the office of the Department of
Public:Works of said City, which includes an estimate of theproportion
of an adequate local sewer, built along the above line, bears tothe sthof he ma,irti 'sewer,, to be built as follows, The cost of an adequate local sewer, bui,t along the
line above described is hereby estimated and fixed to -be of the cost of the
main sewer to be built along said line as above set forth, which proportion, as here*
estimated and fixed, shall be taken and adopted in all computations requiring a
a knowledge of the cost of such local sewer if built along 'the line where the main sewer1
is to be built. The cost of the construction of said- sewer shall be divided as follows-'
1. So much n-t mrc-% cost shall be equivalent to the construction Sf an
adequate local sewer not Addptddc1to receive sewage from collateral drains or sewers, if bi
built along the proposed line as;hereinabove set -forth, shall be paid by the abutting
groperty holders and the Cityy of South Bend,-if;it'be determined that said Ci-ty is benefi
enefi�ted by said sewer in the same manner and to the same extend as local sewers, are
paid for by them, under the Statutes in such eases aadewand provided
2. The excess of cost over and above.what would'.be equivalent to the
cost of a local sewer, if built along said line shall be assessed ainst each piece
of property in the district'or area to be drained and -,against the C dry, if it be.determing
that the said City if benefttted by the said sewer, aqcordin to the manner and,method
prescribed bylaw; all of�which said property beneficially Nfected lies within the
following described territoryy in the'City of South Bend, County of St. Joseph ab d
State of Indiana, to -wit:- .A11 of load 40,41,61,62,73974,"75,76;,77,°78,79,80,89124,125,12E
127,12891299130•,13lil32,133,134,B and C. in Wenger & Krieghbaum s Second Addition.
Said improvement shall be knows as the Broadway and Dale Avenue
Trunk sewer under Improvement Resolution No., 899_i'n the Cit of=South Bend, Indiana.
And each piece o property in said distric or area above described
includin `abuttingg ppropperty holders and the said City of So th Bend, if the said Ci#y,
is benefltted Mall be assessed, as aforesaid, to ay.sai� excess of cost over and
bove what would be equivalent to the cost of a loaapl sewer• all of which will more
ully ap ear b refereUe to the profiles, map, drawin s and sppecifications now on
file in Ue office of the Department of Public Works of said C3't which, among other
things,,gives the exact course -of said proposed main sewer overflows and its appur
tenances , and the district.'of area which may be in.juriousi or beneficially affected
thereby,_, ass %on by the heavy boundary lines marked on saTd,mapp and drawingbs,,with
proper words an figures written thereon, clearly indibating what said heaver oundary
lines represent and the dbstrict or area embraced thereby. Assessments", if deferred,
are to be paid In ten all annual installments, with interest at the rate -of six per
cent per annum. A bond or bonds shall be issued to the contractor in payment for said
work; unless.`the property owners ay said assessments before said bond br bodds are
issued, Under no circumstances shall the City<of South Bend be be be held.responsible
for an sum or sums due from said propert o er or o ers or said work or for the
collections of the 'ame,°or for the :paymeit of any bons or bonds, certificate or certi
cafes issued to sal eantractor°in pa ent for such work, except for such moneys as shall
have been actually received by-°saud City from the, assessments for such improvements.,
All prooeedin s had and work done in the construction fo sa_id main"
sever and its p urtenances manner of assessment.off roperty collection -of assessments:
4 i uanee o onds.the a or shall1 b s ovided for in an of of tge General
Assembly of the Mate of In iana,-entitle "p n Act.Concerning Dot Corpporations,"
in matters pertaining to the constitution, alteration and maifitenance of.publie
drains and sewers, provided for the constructioa, al-ueration and maintenance of such
sewers and drains in such cities and within four miles thereof, also providing for the,
assessment of propert speiall benefitted thereby 10or the pa ent hhereof, iwhole
o in t, andd ffo tt e coll ec io Qf uch- assessments; repeayymmin a111 la�+ sad arts
orf In conflia t erew3 h ans declsaring an emergency appro eat Mareri 6, 90� a d
acts supplementary and amendatory thereto, passed by the general Asembly of thetse
of Indiana.
Notice of this resolution shall be published on -the 13th. day of duly-
1921 and on the 20th._day of July 1921 in the South Bend Daily News Times, This Board
will give it hearing on this resolution at its office in the City'Hall,,on the 10th.
day of August 1921 at 7:15 P.M.
Adopted this 12th. day of July 1921.
G.-A. ELLIOTT
BOARD OF PUBLIC WORKS. HARVEY F. ROSTISER
JOHN F. DEHAVEN
Attest:- Veronica C. Sweeney
Clerk.
Engineer filed assessment roll and final estimate for Pavement
on Notre Dame Avenue from Jefferson Boulevard to St, Joseph River, under Improvement
Resolution No. 858. In the City of South Bend, Indiana.
Resolved that notices as to'the assessments be published for six con-
secutive days in the South Bend News Times commencing on the 18th. day of July 1921
stating that this Board will give a hearing on the amount of assessments at its office
in the City Hall on the 27th. day of July 1921 at 7:15 P.M,
Resolved further, thatthe entire work under the above contract be
accepted and approved and the final estimate thereon allowed.
J