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HomeMy WebLinkAbout08/16/1921 Board of Public Works Minutes587 T,TOsamu -AuffAist l Hth _ 14?1 Board met in regular session at 10400 A. M. H. F. Rostiser absent. Proof of publication of bids for resurfacing of pavement on Bridges filed with the Board from the Indianapolis Star. Publication on the 13the day of August 1921. Communication received.from T. W. Slieks, C1t Attorney_ Even opinion on City advertising for bids. Same read and placed on �ile,as,foliews: August 10 1921. ; Board of Public Works., South Bend, Indiana. Gentlemen: A que tie h ben aised r ardia th le it c a ontra L i�kh ch bu ha�e recently su 3t ed o t o euncil Ir app ova. d ontract, proviides. o t e resurfacing of Michigan, Jefferson, Sample and Colfax Race Bridge. I have examined the acts of 1920 and Section 8698 of the Statutes, and in I opinions too correet an possible a or or irre l rity your goard sho Rd avertise s work i have a Iett�ng The pub11catiorishe a ..�.'he 1n- two uouth laen� News apers one wee notice in n naaianapolis newspaper � prig*r;to •�eting o contrac. This to comply wit the acts o� i;m. TWS:LD FILED_. Yours vveryWtruly, AUG. 16,1921 TH W. SLICK BOARD OF PUBLIC WORKS City Attorney. G. A. ELLIOTT 'President.' Remonsteance received, read and placed on file aga inst grade, curb and walk improvement on Turnock Street from South Bend Avenue to Corby Street. ` Bids were received, opened and read on the following improvements. Rvement on -Fellows and Milton Street. Bid of White Construction Company. ' walk per sq. ft Cement curb, .......:................................-5 5 Grading per cu. yd.:.......:.........................,... 1.10 Sheet asphalt using Trinidad Natural Lake Asphalt per sq. yd......••. 3.70 Asphaltic concrete using Mexican Asphalt per sq. yd..,.. 3.15 Asphaltic concrete , using Trinidad Natural Lake Asphalt per sq. yd...•.......... 3035 8 inch conduit pipe, per lin ft......................... 1.00 Storm water inlets each......:.........................14,50 Marginal curb per fin ft................................ .40 Res tting inle s., each .................................. 3.00 Resetting manhole covers, each. ................1.. 3.00 Check for i1j5:00 Bid of Williston Construction Co. Curb per lit ft........................................$ '.60 Gradin per cu. yd..................................... 1.25 Asphalt pavement using Trinidad Lake Asphalt per sq. yd. 4.18 Asphalt pavement us#aw Melieaaaspha?t per sq, yd....... 4.08 Asphaltic concrete Trinidad per sq. yd...•..•.••...•.•., 3. 8 Asphaltic concrete using Mexican per sq. yd.,- 3.68 8 inch conduit pipe, per lin ft...........,.............. 1.00 Storm water inlets, each................................14.00 Marginal curb per lit ft................................ .40 Resetting inlets, each... "0 ach.............4.00, Resetting manhole corers, each..• ...................... 4.00 - Check for 3200.00 The above bids were referred to the Engineer for tabulation to be reported Wednedday August llth., 1921 at 7:15 P.M. Representative of the Chas. Law Heating Company appeared before the Board in regard to cutting into pavement to install tap for Paldee6-;Theatre Bldg. Board advised Engineer of said Company to take Grp this matter with Architect of Theatre about this case. k. Tnesdav Aucrust 16th.. 1A21 Continu Party living at 215 E. Fox Street/wants a permit to build a wall on let near Bow C ek$ Ctty Ea�giaeerinstrueted to make a trip and investigate same, an reper'to a oar Ai o d 4 s u to the it Ert iae to ive states on N nc St )et from Liace�n a �e ,oL.r�uu.mstgwnyRoa§. gireetg6ommissioner erMer9d to eu curb and mark reta ns, arse alleys: Ordinance for approval of Hudson Avenue refuracing referred to Council referred back to the Board by Council and -the Board ordered that remonstrance filed at;hearin Ad on file inathe office, is hereby;sustaine and resolution is,hereby in alI things rescinded, - $ e di' tha•not C be u hd t Ne . g t, SNs aY3 11 a t t� i 'a d 1 Pecefveasr�e sa�f . i- a a is Str a and l 48sq"D Mich Str e , susen 8 atk by , C ;ty e e o g leer, eetemnatnRer�u3on G �#'Bi d be r9t k tt u u th,, 1 at d: The Be t r tles =t reserves the right ,to rejest and all bids. 3 erdiadontinued in 8arte,r He ghts, on accaun . of inc*Ade e� i i e' .bo'g Lng , p ate Plat of Hammond and Whitcomb 2ndo Addition to toSouh`Bend receiv ed' und the same 9s2 Wednesday. afrft P.M. 17tn. Pdetitiol rVeeive.d for light do Elmer Street and Vassar Avenue. Swine � referred to-Ti H. RAM .deport.; a Excavation the sum o!';: 1 000.00 approved for William K�3��020 Re _ A c d nt t'uarantjFe. Corporation on the..�C.ty =_ d Hall boilers r±: r pa�+e eniie.:: . Co i.oat ve�� #� m iitcdmb a d Keller regarding the defective pave c he.� ba Avenue andig Street. She xe#'erred ;to D. C. Layton, Street; issie for rePor+*, and to notify. Contractor to r. r: uilding Commof July 1921 read ate.' placed on fie. Conee ids Itl toy att�ato' adwaf e k et frertx C esent ii Ave u o orb w e" t spha a; a re �, f i ul i s e H e ra,r r ao. a ®e f n s ha Rio pe o ids Ueen f e�.w �� aiP t * grit fn number of the reeholders residing on said street tc: be i roved 'area to IV ba' improved with a different c: eme-At t t -kixt etoPerf o ted b the -Board i its -_e i 1nar ki d of pav F p y or er; and the Cit..E eer r Potts tit erge He fman is the owest a� est adder for. kkin ef_6e - he e► r adapted b the BQ$rd, and the Bo rd and that said Tiae a Gee, - s�e lowest and test bidder add hereby ets the contract ftrsaid;ed t tg hs anted orders that said improvement -be made with eancreae pa�temettt� �preeee ings eretafare had in this matter are here- by confirmed and fttified: a a ' a a a • > a a . a . a . g OA�tD ' OP • ELLIOTT .... i C •WORKS. H. P. R STISER- Attested:- JOHN F. DEHAVEN veronied,c;,sweeney;.. Clerk of the Board Dated this 16th, day of August 1921 Partial estimate No. 2 ter pavementaImprovement on Thempson.Street Wilber Street, Stocker Place, Adams Streotiad Collegge Street in Marquette Park under ImprevementaResalutibtlde. 876 allowed to the 1lilliston Costruetion Company •Gem laintaabdut ele>in fro t e ent Ac to Church on Sample Street and Ke'soiUsg e•Stseot.•, rdaordere dI fana el Telephone Companyp ,. to reset pale to.the.east.to,the-csorneraef,both.streets from in front of trance to church. >_• teraonsiaikoe ilreddived'rdtci and" placed on file against grade, curb and walk improvemeht din Turneek Street from South Bead Avenue to Corby Street.. Cmmmiunication received from. Wh tatmb & Keller in regard to imprvement:on Edgewater Drive by filling aftcurbs-and.walks requesting extension of time t®'complete contract until J 15ith., 1922. Same referred to the City Engineer for report... - a Bard instructed Street Commissioner to break out curb and k alley returns at alley between California Avenue and Vassar Avenue from S4erman Avenue. City Engineer instructed to give stakes, and Clerk instructed to have police department serve notices to remove all buildings now projecting out to alley' LOCAL ' SEWER IMPROVEMENT R2SOLUTON 904 �09 • s .lved y he Bo d off Public Wort f . ` � i�.',� e-f South Berndt- oun y of St. Joseph ie of �Kd ana. � at the cons ruo � ]. sewer, ntertde �i t adopted only for local use. by the property holders wh�� d��ft�► abuts t ereon, and not ihtended or adapted for receiving seweragge frmlri ���,�. '�4 ' arains, be ,and the sate s er-e ordered i and 'al®h Alley eastef. St. Peter 9't: ►Sot from La -Salle Avenue to of x enue as fo lows, tow :- Begiing at the 'mae6t t>et�+�rsecti®n of the „ er ine f La .5�1] AAven a and the lley east of Pow- at sW '� theMee . to g t e alley east o St. eter Stree to a point JL feet,nort o the nort -lire: of - 061fix Avenue. with a 10 inch vitrified pipe sewer, to ether with the necessary lri ni ales storm water inlets, conduits and house connections to heproperty li e a1.a� th lz45 Of afar improvement, 11 as is mere particularlyy shown and 11 in accor nee : wthhe plans,, rofiles, all drawings nd s eeifleatio-s on Mile in the Office ®f the Depa meat of iblie Works of the City of .South Bend, In�iana. .Ord sa"?d se-wer, vi Ith All its apvu* ,rune a $`tail be eonstrU04"d iTM meoordsn" With tb% pra tle k�" vow on 111.e in the oince of tbz Dees, CMLC -:: of P,-q'_ic warza of :aid C;.fwy `l`ha ecs;: C! &ntd $ � 4-%L`%W%t,1t 01011 to anportiored agairst and paid by the p-_o?ert, lroldera vsursa p faasR<� abuts thir%aA, and"vp'b this W* Of South Bend if the City is bg^ s:ited b? s id i �r ormment, all a aard'.:t to tL.e hrw,-e{ proA04 far ig Act of the General Asaa=hay of the sure of 11-dana. entii'"ed ''An.tact Cooea"r:I"I M s4!D,kl C?rputOtiO;;�a" s proved March 6, 1a0o. A$'ess.rents. if deferred. ere to biti pa=d-'n ten equal or:iUl s ul: ll ie }�, with it1- torest at the raise of six per cent per annam. A. bond or bandsshall be issuad'to the MAI QtbT in pe il�elit for such Work, unless the p operty cevd.9ra r: _v said aG=ems .ients bsfit:> said bond or bows ato hduad, U11dOr hO circumstances shell the City of Sough Bend be or ha .field responsible for any s(im or sums dub trehi chid prflp arty owner or owners for sQ'd work. or for the coneetion of -same. or fo* this payment Of §- bond or bobdc certificate, or' certi9eates, feared ,to s^.!d cortrartor In In rgm?nt fr> such work. exr%Dtfor mb meneys an 0611 have been actually received by the 01ty f^om the assestmauts for such improvement, or euAh Mobey`d ari acid City is by said .above entitled Act required to pay. Al! nroceedin;s had, and work done ilk the Malthir of abiii iprev®®nt, assessert of tirorerty, collections of a$E= Stuente axid issuPnce of bonds therefor, shall be as provided for in said above a tltlsd Act. rbd Ox the Notice of this resolution shall be pubiishdd on the..: .1.7111:.Ast of ....., tt lk ........ day of....:.... ..Au - #+ i821...,'3n She SSoouth Bend r'�ir6e,r a►ili sir bestdg8 on this resolution at__its � in the. CKY hail on ,Me ............. 7'�yh`w...... wy o ..... .........�, ,y,...1.9&l ,; .,..... , at. 4 • g P. M. �AAopted tLi� ..... ,.�,.(�}�-. ..day ..ot..................M i aiLS.t ..1. 21..... .., i 0.........� BOARD OF PUBLIC WORKS • H. A. ROSELLTIST" H. F. ROSTISER A tte s tad : - J OHN F. BEHAVEN Veronica C . Sweeney, Clerk of Board. LOCAL SEWER IMPROVEMENT RESOLUTION NO. j10. of St. Jos°�t�'mfn�.®b'rtnt 4c>ine ° and adapted only for local use by the property holders whose property -abuts therein and mot intended or adapted for receiving sewerage From collateral drains, be ', -and and and same is hereby ordered in and along George Avenue from Sample Street to a point 99 feet south of Osborne Street as.';follows, to -wit: - Beginning at the igArsletiln of the cis ter 11ine f Sam le Street and Ge"r e v nu ; th ce north w@.s er � a Gag .the 'Cen�er lRe ® .Genr a Avenue to a�po n g ee sou 0 the southerly line of Usborne Street w th a 10 inch vitrified pipe sewer, together: with the necessary matkoles, storm water inlets, conduits and house connections to the curb line along the line of said improvement,.all as is more particular) Own Land all in accordance with the plans, profiles, detail d awi gs and spec ilmd n anae in n i in the office ®f the Department of public Wor s o the City o - . ` @ow l w!f# off tt@ 9ppu °a,eae aSx.11 bo constructed i$ accordance wit'lt the prodie and aPseiieoat#pnq @ isd @g ill' i Zia .ice fyt Ai rblie Worus of €aid City, The cast of said ix€ai►Ta�ieixtprt alto)# "11@f'(Awmd api-P � �d lis"4 liy the property holders whose property abuts the_eon, and upon the city of ra 11 R@ed It tb@ My 4+i l §40tdd by or-4 imT)7 -cement, all a.�ording to t15e methcd and manner provided for 4rt} ! tbd @@fw'41 Awi4bly of fbo Bt"te of Indlana, eztir'_ed "An Act Concern°. g Munl%pal Corporations." VVjIi'@-V@d tTes@b 0, 1909, if deferred. are to Ee'pa''d 'n ten eaual annual lni4allments., with tn- 408fit bt" tb@ I'm of ft p@r mt.re anni m, A bond` or bonds shall be issued to the eont actor in paymmi top }}ell ii°orko iifilM ill@ p=op r, ov orf p,17 said aReRs -cents b4* . P said toad or bonds ace issued. Under no @4i:@iii pignan tilldll tb@ M0 of Youth Bend be or be iiela responsib;e for any sum or stints due from said prop - SHY @WIM ff 049ii@i'@ foil @it'd wq*k. or for the collection of sa=(,,, or fc- the rayment of any bond or }lands, r a��tiPHU OF' el3i'#lOMO& i@@}lad to eld eortrso*oi in nava�pat fr- such worms. exe6t for such moneys as eball )life Been 9-@ttl@llY i@@@iv@d b3► tlla City fmom the asses ,mentor for such tanrovenent, or;geu^h moneys as said Fay h by Wd Ahv@ atltl'1d Aot f®julre3 to pay. All nroceedln.,s had. and work done in the making of said wDroysiiiei?tr @@@@@@)tout of t m,4rty. coUsetions of as.,- svnents aad issuance of bonds therefor, shall be as PPB;Vid@d hP la @Old abava o;it'tl$d A at. Nbtled of thie t@@al is € ' l ished on the_ -.-17t s._day of w. t„�. ?_,,,•.and on the s::: i da + ... .-�.I9..........� In the South Bend Dail Bae.rd �viii give:a! 8d @ tole f@e@lilt)®it at #ta eta! # tbt "cityHall on tl►e.....--- 331 ....•......,, ::: ilk Tito P. . �ti ay o �3@-••• Aftt®d Ella :...a. #,Yi,........... 4%r of................A ig sit•--192—L ............. ........ G. A. ELLIOTT BOARD.OF PUBLIC WORKS. H. F. ROSTISER . Attested:- JOHN F.-DEHAVEN Veronica C. Sweeney, Clerk of the Board. C i i i i m Resolution' for E with . ;cll'i5 - Service Connections. WHEREAS, the Board of Public -Works on' the ... ,lj ]i.,... day of ... juxe 1921 a.. • . , 192 .. . did adopt a resolutiol ordering and requiring the permanent improvement of E' Tf2er �Zk. ;Str ta. r Street from � '�.$. Btre..e t... 3t to.. Corby..-.. . b avm` the roadw ay the sa me, and Street Y Y paving .g YWNER-EAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of the service pipes, mains, e3nduits, lateral;, and connections which are, or will be necessary to accomn cL'ate the ' abutting property and the owners thereof .with gas, water, sewer; and other conveniences and necessaries:. and also satil. ' City Givil Engineer has prepared and filed in said office specifications showing the material to be used and 'r the maner of laying said service pips mains, conduits, laterals and connections .from the mains to the points in= . 4; r - I a ` side the curb lines. r THEREFORE, be it resolved by the Board of Public Workes of the City of South Bend, Indiana, that t. T` the report of the City Civil Engineer is adcptcd, and sa'drepert and the specificaticns prepared and £led by 4# him -are made a . part: of this resolution as fully and effectually as if copied herein at full length; and it is fur- ther ordered that all of such private connections with the sewer, gas, and water maths be made in said street #' by bringing them_ :inside the curb lines thereof. A And be..it further resolved that notice by publication for two successive days in. South Bend &W8 T� _ , a newspaper of general circulation printed ar.d publ shed in the City of South Bend l Indiana; b given "to fhe"'`"owners of the property abutting upon said street to, be improved . directing ' them to e such sewer and water connections on or before the sth• day of=tf�tember make I l92 and that if said connections are not made on or before said time and in accordance with the specs- i fications and report on file in the office of the Board of the Public W'crks, then said Board will cause the same to be made and will asses the cost thereof against the property abutting cpcn said street, and shall do all other things pertaining thereto according to the provisions and requirments cf ' Ordinance No. - 1842 'adopted. by the Common. Council of the City of South Bend on July 24, 1916, and cf all oth(r crdinances and law relating thereto. And, be it further 'resolved' and ordered that after the'20 'day period has elapsed for the making cf said connection by the progerty'owners, a notice shall be publish!d for two weeks, once each "'""week; in the South Bend ItlAWS T11110S a newspaper of general circulation publ'shd in said city, regvestir.g I bids from contraetos =for the making of such connections as have net been made by the property owners, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids sham be opened and a contract ;let for the doing of said work. y And be it further ordered that the Northern Indiana Gas and Electric Ccrrpary, which holds a fran4. - chise from, an3 is enioweraI by said city to furnish artificial gas to the citizens thereof, and is engaged in said`` business insii3 City, is h!re')y directed to make and install all service .connections with its mains in said y Street in accordance with the provisions.- of Ordinance No. 1555 adopteune 27 1910 and such ether ordi- Danees or laws applicable theteto; Hhich ecrnecticns are shct+n tpcn the rcpctt cf t}e City Civil Engineer, }' to be necessary in supplying gas to the owner of property abutting upcn said and which pare hereby declared street. - r - Adodted this I -�•b-• day of An errs a A IZZIOTT i Au s t 39211'� . DEH.AIW Pub3ei `17th, and lf3th. — :-WN W of rPiffie8 Sept. ,19�1 Board of :'ublic_ Works. " .� Bias Sept. 2@th., 1921: �e _ ?; t� 7 for \GS:oi _ e 3_ r Seivice erne teaswithar 922 WHEREAS, the Board of Public Works on the day of ... 192 �_ 9�3 .. v �dief a to a res- lutioa or;iering and requiring the permanent uriprovement `of- EL 3 .. ............. Street from-:-,�#,#M tr., . _Street to .. �`�l�i�• Street, by paving the roadway the same, and WHEREAS, he City Civil Engineer has prepared and filed in the office of this Board a report showing''the "number and location of the service pipes, mains, conduits lateral, and` connections which arch, or will be frecessary to accon m.cebte the abutting . property and the owners thereof with gas, water, sewer, and other conveniences and necessaries: and also ` said CityCivil En ineer has g prepared and filed-iq said office specifications showing the mater'a1_"to be used and -the maner of laying said service pipes mains, conduits, laterals and connections from themains tr the points_ in- side the curl3``-lines. THEREFORE, be it ' Yesolved, by the Board of Public Wcrkes ;of the City of South Bend, Indiana, that the report of the City Civil Engmeer'" s adcpted, and sa*d report ar.d the specificaticrs prepared and fled by him are made a part of this resolution as fully and effectually as. if copied herein at` full length; -_and it ;is fur- r 'ther ordered that all 'of such private connections -with the sewer, gas, and water mains be'k made in said street by bringing them inside the cub -Tries thereof. And be it further resolved that notice by publication for two successive days_ in Soui-h Bend a newspaper of general circulation printed and publshed in the City of• South Bend Indiana, be given to the owners ,of the property abutting ': upon said street to be improved directing them to make such sewer and water connections on or before the — day of 192 and that if said connections are not made on or before said time and in accordance with the speed ! fications .and report on, file in the -office- of the Board of the Pubhc - Works, then said Board ° t - wrll.�;catise same to be made and, will asses the cost . thereof against the property abutting vpcn said street,,- and shall deu at other things pertaining thereto according to the provisions and tegoiiments cf °Ordinance No 1142 adu r: by the Common Council of the City of South Bend on July 24, 1916, and cf all other crdirances argil "' �. relating thereto. And, be it further resolved • and ordered that after the 20 day period has elapsed for the making cf said,g< connection by the property owners, a notice_ shall be published for two weeks, once each wzek, in `the t f South Bend lr*w�IMjS , a newspaper of general circulation i publ shd in said city, req �esUr bids from contraetors for the making of such connections as have not been made b the r Y property off nett �= and such. notice shall fix ,=a day, not earlier than ten days after the first of ch public "45 !t' p bids be opened' and# a contract: let forthe doing of said -work. E>'= s x And be it further ordered that the Northern Indiana Gas and Electric Cctrpary, Hhich holds a :#tan. chise from, and is en»warel by said city t� furni;4 artificial i # s gas to the citizens thereof, and is engaged �r said bisiaess iz ssi] city, is hxe7y directed to make an] install all service connections with its mains in'€said p. f Street in accordance with the provisions of Ordinance No. 1555 adopted p June 27 1910 and such ether ordi-: Dances or laws applicable thereto, which ccnnecticns are &,Kn ircn ►he 'rcrcit cf tle City Civil Engineer, and which are _hereby declared 'to be necessaryin su 1 in p aid fit, pp y g gas to the owner =of property abuttingt cn j street. i �rY Adodted this _ day ofAUg.t 1921 192- -pip,E f' lttbl;itke rapt � 7` >aP A� st 19921 ,` B ISER arts% lak. Y •t Angaeta 1921. ®IIA >" D>t i sou tk 2� : �e � N � 192, € " Board of Public' Works: f - i x e Z . Tuesday Aupst 16th., 1921. Continued& The following bonds and contracts were approved. by the Board. PUBLIC,IMPROVEMB0 CONTRACT d t THISppA%REEMENT M de and ent�+r i to this 1 h. da o Must 921 by We�ePe�errec:ra���as&trie pr'�$Rtgac� r"�ou n� �he��408?pgoa b-nal �-.n��ohl���r� � Stf Jos p and R&'eClillea" dib th a h'i s Board o P biro Wor s (hereiinaf er ee d a rm an vn1e ni° MuniAC C to:corporaet1ons Ae s .p it ve'ee ofn© ng p i .� March,190;, and all amendatory and supplemental acts thereto. ntr c or c v na is a d $ e Q gr oust uct gipT s erClt B1%i et�Keffld`nn ' ineu rat eel ormt e o ow�ngtpr ees:-ge venu , la Y o. ou 780 lin. ft. of 12 pp " ipe per lin ft:. ...J2.40 256 lin.ft. of 10 inch pipe per-lin ft............ 2.25 224 lin. ft. of 8 inch pipe sewer per lin ft..:'..... .20 .5 lin. ft. of 6 inch conduit pipe per lin ft.......1.00 17 lin. ft. of manholes per lin i't ...............8.00. 0 storm water rates, each..... .......••••••••••••20.Og manholes curb and covers, each. rind to perform ail work in the prosecution of said improvement under and according to the terms and >eqa� ditions of Improvement Re$olntion. l4o ........ 887:_._.,_..., adopted by -the Board of Public Works.,.June,_, l t.1921 and the plans, profile and specifications on file in the office "of the • Department of Public Works, which said resolution, plans, profile and specifications are made a part hereof as 1#1ly and, effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of' sa I work all. proper skill and care � H1 be exercised; that he >> 11 rrone�-'-, ^r at a p nt:Cr all exgavatiorn.-arid dangerous places, and trill use all due and prooer preca,ition to orev>zt injury iry person or. p c�erlly' : that in the evert qJ any injury or damage resulting from the vr-)r or res�_ilt;r•- from: a-.y ?ratter or thingg ronr.ectf-d�therewi`� or arising therefrom, to any pers^-i or nroptety, he na,v 9rn. hiq-uidate the same at;his own expense, ar+d+as-; sume the liability therefor; and in the event of any claim or clairls 67iiiqg made or airy action or actions` being brought against the city by reason or on account of, or growing out of vid work orits construetion,the said contractor -,jll at his own expense defend the same, and will pay any judgment recoveted Therein, anii'wjll'in all respects fully indemnify and save harmless• said city, its officer$,.agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And ;f with wn ten days after any such action is begun, the city shall notify tl contractor pendency thereof, th•-n any judgment rendered agair_st the city shall be concl sive against the contractor -and against the surety to th i -.t, liabUity and other matters pertaining thereto. And the contractor agrees to maintain said improvement Aw` make suci repairs as may be necessary the 8eriod and in the mariner as fixed by the svPcifica.tions, and to secure tiie maintenance $lid repair thereot to file with the Board of Public Works 9 bond with sufficient surety thereon and in an amount as -fixed by the :specifications, And in doing such 'repair wont the contractor and the surety on his guarantee bond shall be subject to the sai.ae liability to the city and any other person for any injury or damage to any pars,; a or. prop. erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering`tha can. atruction work. A: d it: is further agreed by and between. said r--irt`�.2s that the acceptance of the work provided for In tilts .Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisa x �.. iouia of this contract, nor shall it relea.ie said cc -.tractor or the sureties on his bond for the faithful poi fou qi- ( ance thereof; nor 'shall the acceptance be prima facie evidence of .the performance of any provislon of lids 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 maldnN of such improves;tq. t ,a,od in.the performance of this contract, whether done or furnished for him, or his a,getgt, assignee, successor' or subcontractor; and the city may �resegve,out of MY allowance made 9n any estimate favor of the °contractor'or.i 1e assig tg, or out of the an;ount due him or his assigns upon the completion of the work, &o.much as �wa. ° -cessary to pay all laborers or piateriat men for announti duo there for A work done on materials use's or iurni;hed to be used in the Performance OUthis' eontract-a_nd the doing of owners and.ths,"dfe for. said. ireasurc�t, aL�ting�as city treasurer, %ray, retain money. colle.tecl front property Owners,assess-d #or,said,itnprovc:rent•to pay such debts or utiul the contra"" airovts that they have been paid or satisfied The contra^*or ag ees to Fenjo--r aid rnb� sk eax':k mid mil-used t"I.al 111 the etf�� qt Z% t i p® t e pied Rf the improveste t or the repairing thereof. �if "k Of Making srt�eh improvement shall be .completed according to, t1m terms of Chit toame-t fhdi................ ....... __day af. ..... ... ma..:n....y .�maaan_asr_aseseease$Uk- lit ortgos this time for the completion of the sat a shall be extended to wvitinj..by, the And It 4 agre@d that any such e'Kte. Zion of titre, or ary &.Iteration of ties t, . met or of thtf way ltf of Od of drug such work shall in no way affect the duties, obligations or inabilities of the contra@tor of hN ski%lt j float It Is Agrecd that the contractor shall not assign `this -r act, or sub -let the work or pity part t1w.vgof to b@ dons he-reiinder, withot,t the written co .s °__t of the L. _rd of P, l,!lic Works, It is further sgtecd and stinu_late-1 •.1,a't co-_.ractor shall give to realdcrits of s&Id eft and coii ity, `prsfQP0itcs in the err.ployxuent of all labor nee �-_ary in the performance of this contract, aid fa Ilrt ff to dq P,6 6ilall forhit to the city the sure of ten dollars for each fail re to observe this stipulation, And upon the performance of all the terms and conditions of this contract, and things to be done &0 srfol°r`,neci by said contractor the said city agrees to cause the cost of doing such work to be assessed, avfl sited httd paid to said contractor in the rnanner fixed by the statute governing the making of such finpfoyp. r ` o,each of the conditions and stipulations of this'contract, including all and singular the prMolono i lid twna of the plans, profile, specificatior-:.; and resolution afores id, tho undcroigaed binds him4alf of, tttic '$fid tta rt�lpictivt successor or assigns of such parties. f In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this llth. day of August 1921: CITY OF SOUTH BEND, INDIANA. STAPLES & `ACKERMAN BY G. A. ELLIOTT S. U. ACKERMAN H. Fe ROSTISER Contractor, JOHN F. DEHAVEN Its Board of public Works. _ '594 Di a sda y ati g st 16th 1921 g Contin]L=J= 'CONSTRUCTION' BOND Ft l _�:kj try t : _ j � 'sat we .giart ...,_ -::B tb zaeAd. .......„ State of ........... Inld-#fetlft............ t, .Company of ..Nex...york .a ...................:......,.. ® Elie ... .... d State ®#......,Ie�r.,.l'o.x�k...^............ ........a. ...., u@ h0d add �irtnly b6tmd,1® the City of S')trth 13ez1d, Indiana, in the sum of ...,.,3.. ore b u anal :e h�{: �aund► a >� vr� $g � ..: Dcll ii�a ( 19847 001 _ � y./, .�•YO,MW YPYif>iii•L-L.•• T lticl?;. well' $>".1y to be mad^,, we jointly and severally bind o+irsclves, our �ett�k. ''vs gas; f r imy by thes , presents. rr i.4 i 9' 9 ci11�e, C)}1� ^ F{ijr `cl e 4LIl'il that if the above named.....i, �hal�tbttl1it//,/��t; made and etitered into the_:_ _1.1 h -•--• �.,..... da of ..,.c>'—Augi,l}aSet ¢_�.� 21------------ 3iAidAAAA.{{{ with the Cityr of $oittlf `'Qd d'; `rfdlali� 'a�hd shall fulfill all'thoo tanditions end ,�1 i l�:i` bf ; N;61 h` lalll according, to the t'rtie, ?hte'ni t it_c! fYP dwing thereof, in all rP lae its, then this ollligatWt to ho 161, 3 bt�er i to be and rernaitt tit f'�dPfpr<ce, and virtue. in law. In the eve:. the said City shall extend iho �1ififoo the completion of said Ivark; such extension shall not in any way release the suret%es on thii bond. This, shall bte'a tort'strt.(ttttoti'}.fo±id,'a,id the sureties on th sf,i,°he shall not be held rilpoiiilhlo t6t t11 maintenance and qe il` bf fhh>ii'.ij�Y'ot�c�rleYnt after: it b1s been accepted by the seeolld pkl"tYi but such W1004 shall be held respoiisibfe �faf fhe 1�i#'' ;ul'coi4liance with all other conditions, eflptila,tWfil and reotll emc t oovcred by or sit 0 11t in the cant''MF C .' WITNESS our hands and seatsthis ....... 11.th ...............day of...-Augu;?... 192.1 ...... 19......... AMERI.CAN ..TRE.T-Y...Q—ANX... F...N RK . i -F STAPI S B� ACKEP I -... .(aFAL) AAh Q t .(' EAL) ...........................BY S. U. A...... N_. 5. rA.L s�eeretary a ove'Ear1ia1%)r'yvqFtN7s } t}t..............day of...................:Q gQ .tr... � 2. Y9........a .,.....-t7• --Yir-�-31i1�t.L�^s^ -------- H. F._ ROGTISER hoard of Public Works. PUBLIC IMPROVEMENT CONTRACT. This gggr e e d and en ere i to this 16th of ti 1 21 and between. H.'es> oi'heCount'yoSinJoseph andguts o aianStKereinafter referred toas the Cgntraetflr ), and the 6i y of South Bend In the County of St. Joseph, and St„te of Indiana, by and through its.BoarA of pu 1 k e r e d s " ty" %n b i to of Ac n�r � � s t QQ fndi $ �l t '�� £ lie ion erni g iuniai al Corporations, &pproved March 6.,1905, ana all amendatory and supplemental acts t eretet- Wi� se�h, 4hat the contractor covenants and a gees to construct pipe sewer on Ho n ourt�from Penn. Avenue to Wender Stree, in the City of South Bend; Indiana at and !for 'the fallowing prices: - 330 lin ft.;bf 10 in pipe per lin ft..............2.48 8" l pipe per illi ft...,....:....�......................... 2 64 1in. ft. of 6" conduit pipe pew lin ft...... , ..... . %2 10 lin. ft. of manholes.per lin ft................... 77.00 Ili Storm water rates, each ...... .................1b.b0 1 manhole curb and cover,..,each .......................20.00 and W perform all work in the prosecution of said -improvement under and ftccorAWA*_4beterrm arnd. ditions bf Improvement Resolution No, r_$;Z_-__ .. Adopted by the Board of Pui00'-. `,21 and the plans, pjofile and specifications on file in, the At_ a of the Depa-tment of P 'lir W6?A&, .V&ich say resolution; plans; profile and specifications are made a patt hereof as fully and effeL•titatlr�stit aI_ set out herein at full length. } The contractor further expressly covenants and agrees that in the prosecutipp of s2.r9.wgi all propet,_ skill and care vrill be exercised; that he -rill properly -~ < and p--o*^ct all excavations and ftiigerous places;, and {,rill use all due ar-d proper precaution to prevent injury +a tny-person or p-owe^tv:; t?iat i t+:h any injury or damage resulting from the w-)r'_•: or resiiltrr, from any matter or thing connect,-d therewith or arising therefrom, to any person or property, he w ll pay and lic-iidate the same at his own expense, and as- sume the liability therefor; and in, the event of .any clai11 4 Maims being made or any action or actions Being brought against the city by. realllon or or account of or glpwjng otA of $s work or its construction, the sa;.d contractor will at his owri expense defend the same, and *111.Pa. J any judgment recovered therein, and wild in all respects fully indemnify and save harmlesw said city ctiis, agents or representatives from all' --cost expense, payment or judgment recaveredin conneetiQ4 krith such claim or claiziys, action or actions. And 'f within ten days after any such action is begun, -the �ffY shall noAfy the con -tractor of the pendency thereof, th m-any judgment,rondered against the city shah �e conclusive against.the contractor -and against the surety ?. ' + tiv':tistr ctioii bc,.�d, as to th� r� :c: zit, IiataiI and other matters pertaining thereto. And the cortra.ctor agrees to rnam'�ain ski w.provcl;u°ut a . j:.iake su6i repairs as may be necessary tu� the period and in the manner as fixed by the sj»pcifrcations, and' to secure fife 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 work the and the surety on his guarantee bond shall be subject to the same 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 cost. struction work. And it is further agreed by and b.,tween said 1 rt ,s that the acceptance of the work provided for in this contrast, or the payment thercgf, shall rot constittite a waiver on.the part of the city of any of the provis- ioi3s of this contract, nor shall it release said c tti actor br t1le sureties on his bond for the f?t�¢?tf;a1, perfor zt- ance thereof; nor shall the acceptance be ,prima facie evitlence of the performa. fee of any provision of 1; ti.s. Contract, except to the extent of entitlir-g the contractor to the coiitract'priee therefor: The contractor agrees to pay for all labor and materials used or furnished to be used in the snaking of such improvement and in the performance of this coi tr act, w whether done or furnished for him, or hi's ,agent, assignee, successor or subcontractor ; and -the city may reserve out of any allowance riade on any estiiiiate in favor of the contractor or a assigns, or out of the amount due hint'; or his ass, of the work, so mud. as ma, cessar to assigns upon the completion or work done .or rnateTials used or aurnished` to used ill the perfornrnateT-ice of this ocontract Land the s due -doinghe in fof said wore, and the county trcasL rer; acting as city treasurer, may retain money.. ce r , -.;feel from property owners assessed. for said impro euxetit to pay socn (?cl,ts or t;1t1 the conu_,acwr f' -ovvs that they lc;cve been paid or satisfied t0 FEino a1i taAch, ayt4 urm.sed tnater at if! the Uree"'or 1..iy Mqi ph ,fhs completion of the improvement or the repairing thereof. ' The +�[L{�Q'`0 __gf MOM119 0=14 tfflpr9s tment shall be Completed acebrding to the terms of this Contract an t� -f�� 1•IQ))ii>CY>)D>0l)Y>))Y)»4Y)D > p /). /./...�. _ lei 14e4 t#t .e fir the e.o pletton of the sane shall be of in r - ......,, wntt g by th oard•of �rubltc Works, Y'd If 40"d that any Mch 0XtenOlOn of tirr!, or any alteration of this ccn %raet or of th ; manner or meth - !A of delfir Wah work Shall In no way affect the duties, obligations or liabilities of the eantmetor or his agar®• t11�, It If agreed that the contractor shall no arther agreed and sttpul�lli the t o.ssign this � �?.ct or 'sub -let the work or any part thereof to he dfatle h-eremider, wkhot.t the v✓rit•* cn:s nt _o# the It . rd of P, i>t+c Works, 91' fel�eflee t it f.aed that *% a contractor shall gi'� e` to residents' of said city and county dyttt nt of all labor necessary in'the performance of,this contract, and failing to do iop NhAll foffeft to the City the stun Of ten dollars for each failure: to observe this stipulation, Avid Upon the per ormanee of all the terms and conditions of' this contract; and things to be done and }�ei'I'of'mod by Bald contractor the said city, agrees to cause the cost of doing such work to be assessed, cAl- teaied and paid to #aid Contractor in the manner fixed by'the statute governing the making of sueYi Improve. t.t�'3iit To vaeh of the R®hditi®na and atipul€ttions of this contract, including all and singular the provisfotj#:"md t"Vele of the plant, profile, apeoifioatsora and resolution afozl vs: id thl ip ' rsiPpned,: binds himself Ol 4tseli,: aft ti peCtt aitCceasar or aessi„�• t e�f' Siren A parties. In Testimony Whereof, We, the I foregoing named parties, hereunto set our bands this 16th. day of August 1921 L. H. WEBSTER CITY OF SOUTH BEND, IND,IANA. Contractor, BY G. A. ELL10torp H. F. ROSHS ° JOHN F. DEAMN Its Board of Public Wokks. CONSTRUCTION BOND Ktww aH won by thaw prooents.. That w$---- ..:._$_:_- _ (@]�S�t....... ................. .-................... :........... ....... Of t11e County of ....... .S.t.....JQae-Rh------------------- - ------ State of ..................... nd.1136M............. ••N ..., as princtpal, and ............ C.QMPSZy....Qf...A1C Qr1.................».............,.... of the County Of. .................. JjM_York and State of .................... Nw...XArk..»,,,.........:....... au atjretica , are held and firmly bound to the City of South Bend, Indianai in the sure of ...................................... ,.•,p'•t�t •,htx�e�%••;��e�#}3r•�s�.us�.=---->��...................._...._ --_.Dollars ( 477.00 ): for the payment of which, well and truly to be made, we jointly and severally bind olixselves, our hclfs, cxccutors, adminstra.tors and assigns, firmly by these presents. The conditions of the obligation are such that if the above name(L_- ____L....__H_.._ ..W-0-at e32'_____________________-__-_--___------_shall faithfully comply with. the fo7-egoiug. coricract, made and entered into the --------- da of ------------------- _ 19 ........ with the City of South Berd, Indiana. and shall fulfill al?tbP conditions an stipulations therein contained, s.ccordipg to the true intent and mewling thereof, in all r ,�e ts,`°ttiEn this obligation to be void, otherwise to be and remain in fall force and virtue in law. In the eve=._, the said City shall extend the time f.pr the cry ,.lgtion of said- work, such extension shall not in any way release the sureties on this bond. hs, shall be a construction bond, and the sureties" on the same shall not be held responsible for the tna�ti►teriance and repair of the improvement after it has been accepted by tine second Marty, but anon sureties shall be held responsible for the fait'-%l compliance with all other conditions, stipulations and i~ gttirernent cvv:;rea by or set out in the contract. WITNESS our hands and seals this...j�j#,h. . ............. . .day vi.. ..._.....AugMS4.492.1....... � 19,../,/-,. .-.._.�tn...�: -- _{$EAL)5..���� rFi... 11�>�%,)3.om _.----------------- ------------ ----- -------••--- -- -,(SEAL)$ •I . -edexe ... (SA `A) . The above bond approved this .... Au August 192�: -, �9..,..„ • . ----- ---------------- --_---............... - H. F. ROS_TISER �....._....._......��4_ �i -F. DEHAVEN, .._..._ Board of Public Work& z r