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HomeMy WebLinkAbout09/16/1930 Board of Public Works MinutesTuesday, September 9 th. , 1930, • 0 • In the above named form of contract, the Board hereby orders pursuant to the statues of Indiana in such case made and provided, that on the 30th . , day of Sept- ember I9309 at I0:00 A. M . said contract will be finally considered, at the office of the Board in the City Hall in said City of South Bend, at vb ich time, a public hear ing shall be had and any an d all tax payers in said city may arpear and f ile protest against any and all of the provisions of said contract. It is .further orders that; said James H. Whitmarsh shall, at his own expense, cause the full and complete tet of said contract to be published as required by law. Meeting ad. j ourne d Attested: erk at 12 o' c lock noon. TUESDAY SEP`I'EMBER I6th. , 1930. Board ret in m gala r se ssi on at 9 A. M . All members present. Minutes of meeting held HPtembeZ� 9# I930, read and approved. The ]Board approved the continuation certificate for the excavation bond of C. S. Randolph in -the amount of $I,000.00 signer by Constitution Indemnity Company of Philadelphia. j The board approved the Excavation bond of Goheen Plumbing: and heating Co., y in the amount of $I,000.00 signed by Employers Liability Assurance Co. The Board approved the Guarantee Bond of C. E. Reesh for the local sewer in Swygart Street under Improvement Resolution No.2360 in the amount of $220#63 signed by American Liability and Surety Co. Upon th e ze commende ti on of "m. F. Qualls , th. e Board appm ved the changing of I6 lamps on the Twyckenham Bridge from 6000 lumen to 2500 lumen at a saving of $ 20 0.00 per year . City engineer, F. G. Wray, submit to d the following report on the remon- strance filed against the pavement of the alley between Scott and Taylor under Improve ment resolution No.2384: There are 9 resident property owners, 2 of whom have signed the remonstrancl. City Engineer, F. G. Wray, submitted the fbllouing report on the remon- xtran.ce fi&ed against the grade, curb aid walk improvement on Carrol 6treet under Im-provement Resolution No.2336: There are IO resident property owners, 5 of whom have signed the remonstran The Board approved the fotilowing final estir-ted filed by City Engineer, F. G. Wray • I Final estima-te for the sewer and grading on r'21con, Kenmore, "elling ;on, Illinois, 4estmoor, Prast Blvd., and Crumstown Avenue under Improvement Resolution No.2305 in the amount of $60.225.31. Final estimate for the pavenent in the car track on Nancy Street and ��estmoor Street from Crumstown Avenue to Sheridan Avenue under Improvement Resolution No.2313 in the amount of $I6,939.80. Final estimate fbr the Tybklus Court sewer between Lincoln 'tray west and Oak Street under Improvement Resolution Tlo.2372, in the amount of 'I63.80. • City Engineer, H. G. Wray, fi 1 ed the primary assessment roll for the local sewer in Dielkus Court from Lincoln Keay west to Oak Street under Improvement Resolution No.2372. I In the above named assessment roll, the Board, hereby, orders that on Tuesday, beptembe r I6th. , - 1930. the 30th. , day of ''Ieptember 1930, this Board will met in their office in the City Hall at 10:00 A. l9. , to hear and receive remonstrances from. all persons interested in or affected by said assessment roll and will decide whether the several lots -and parcels 1 of land have been or will be benefited in the amounts shown on said roll. The Board further otders that notices of said hearing shall be published on the I9th. , day of September, on the 20th., day of Oeptember and. on the 26th. ; day cc "eptember I930, in the South =end Tribune and. Mlirror according to law, and that notices be railed to property owners according to law. City Engineer, F. G. Tray, filed the assessment roll fbr the vaca- tion of Rumboldt btreet from Diamond Avenue to C. I. &. S. R. R. under vacation resol"u- j tion No.238I. it In to above named assessment roll, the Board, hereby orders that on the 30tr, day of September, 1930, this Foard will meet in their office in the City Fall at I0:60 A. M,. , to hear and receive remonstrances from all persons interested in j or affected. by said .roll. The Board further ciders that notices be delivered to proper ty owners according to law. This being the date set, bids were received, opened and read for the pavement of the alley south of Fox Street from High btreet to Ist. , alley east of High under Improvement -hesolution No.2385. Bids are as follcafs: Eston Bell r ra.m e & Zimne r F. N. Barne s Hoban & Hoach ' 'ranberg walk .15 ,MI5 .I2 .15 .15 curb .40 .40 .20 .35 ,35 grading; no bid .60 .70 .60 .75 co nc re t e 2.00 1.80 1.85 1.90 I.80 S. W. Inlets no bid no bid no bid 9.00 no bid 6T' pipe no bid no bid no bid .70 no bid 8" pipe no bid no bid no bid .70 no b id This being the date set, bids were received, opened and read for the pavement of the allEy east of Scott Street under Improvement resolution No.2384. Bids are as follows: E. T. Tranberg Frame Rr, Zimmer Foban & Roach H. N. Barne s Gross walk /13 . I5 . 15 . I5 . I8 curb .35 .4o .35 .40 .40 gr ad ng .75 .60 1.00 .70 .60 concrete 1.78 I.80 3.80 I.85 1.80 S. Inlets II.00 I2.50 9.00 12.00 15.00 6" pipe .90 1.00 .70 I.00 .80 ell pipe /90 I.00 .70 I.00 .80 This being the date set, bits were received, opened and reed fbr the grade, curb anal. walk on Carroll Otreet under Improvement resolution No.2386-. Bids are as follows: Frame & Zimmer E. T. Tranberg Eston Ball 0. L. Davis walk .I2 .I2 .I32 /I2 curb .34 .35 .43 .34 grad ing .42 .42 .54 .30 This being the date set, bids mere received, opened and read for the grade, curb and walk improvement on the west one half of inellows Street under Im- provement Resolution 140.2388. Bids are as follows: A. E. Anderson F- N. Barnes frame R-- Zirmner E. Tranberg Eston Ball walk .I2` .13 .I2 .I2 .I32 i curb .34 .32 .34 .35 .37 grading .4-2 ,3I .45 .42 .54 yyyyy yy yyyy yyyy yyyyyy yy yyyyyyyyy.{�y �yyy yyyy, �'P`TTT%:�'f`�`X`TT �TT�TTT�T�TT TT TTT�TTT'�`�{`TT�1`%kTTTT"1`TTYi'T�'1`TR`T%K�Y`TT'T`TY`�TX yyy.{�y yy y yyyy yy y yy (yy,}y TT%PTTTT�Tft"iCT ,y y y ,y,yy,yyyy y %�`T�TT TTT�1^'f`�T'�i' i�. This being: the date set, bids were received, opened and. read for the grade, curb and walk on ihe south one half of Fellows Street under Improvement Resolution i�o.3387. Bids are as follows: A. E. Anderson Frame & Zimmer E. Tranberg Eston Ball H. N. Berries walk .12 .I2 .I2 .I32 .I3 curb .34 .34 .35 .37 .32 grading .42 .45 .42 .52 .3I City Engineer, P. G. 'dray, filed the following primary assess tt .rolls: Assessmmnt roll for the pavement in the car track area on Nancy Street and. "estmoor Street from Cru.mstown Avenue to Sherid en Avenue under Improvement • 7 0 • • • • Tuesday, `'eptember I6th. , 1930. 69 Resolution No.23I3. Assessment roll for the sewer and grading improvement on"176'amon Street, Ken- more Street, �yellingten Street, Illinois Street, "estmoor Street, Prast Blvd. , and Crumstown Avenue under Improvement Hes glut i on No. 2305 . In both of the above named assessment rolls, the Board, hereby orders j that on the I7th. , day of `'ept ember 1930, this Board will meet in their office in the City Hall at 7-I5 P. If-, to hear end receive remonstrances from all persons interested j in or affected by said. rolls and will decide whether the several lots and parcels of • land. have been or will be benefited in the amounts shown on said. roll or in a greater or less sum than that shown on said rolls. The Board further orders that notices be 1, mailed for operty owners according to law. j No petitions having been filed for a change in the type of pavement other than that specified in the preliminary order for the pavement of 29th. , Street from Mishawaka Avenue to Grand Trunk We ste m R. P. right of way, under Improvement Resolu- tion No.2383, the Board this I6th., day of Oeptember I9301 hereby makes a final order for co nc re to pavement as the type of pavement with which said street shall be improved . and awards the contra et for s,-i d im- provement to Williston Construction Company at their low bid of 4,M,4I7.68. I� • j `ity Zngineer, H: G. pray, filed the primary assessment roll fbr the vacation of the alley netween 23rd. 'Dtreet and 25th.-'treet from Kerslake Uourt to -liver under Vacation Resolution No.2375. In the above named assessment roll, the Hoard, hereby, orders that on the 30th.1 day of `'eptember I930, this Board will meet in their office in the City Fall at I0:00 A. M. , to hear and receive remonstrances from all persons interested in or affected by said roll. The board further orders that notices of said hearing together with the amount of dsmages and benefits to each piece of property affected be delivere to property ow:oers according to law. This being the date set, continued her -ring was had on Ire assessment roll for i the local sewer in Louise 6treet under Improvement Hesolut ion No.2382. i In the above named assessment roll, the Board decides to continue hearing until Tuesday, September 23rd ., 1930, at I0:00 A. M. i This being the date set continued. hearing was had on the assessment roll for the opening of l`ancy street from �in©oln ay `�� est t o Crumst own noad under Cond emnati on Resolution No.233I. I' In the above named assessment roll, Fjamuel Parlmr, attorney for Michael and Lawrence Cwiontowski , was present, and. the Board., after hearing all persons interested • in said assessment roll decides to modify said roll as follows: Damages on Lot I in tiogt's Ist., Addition were increased $550.00 Damages on Lots 4, 5, 6, 8 and 9 were increased $50.00 each. �1, - t over the benefited e total amount of increased damages to be pro rated h t a P district. With the above modifieati ons, the Board finds that the several lots and p ar- eels of :.and have been benefited and damaged in the amounts shown on said modified roll and therefore the Board decides to take final action on said roll and declares same in all things ratified, confirmed and approved as modified and the proceeding closed. The Board. now orders City Engineer to make the modifications in red and orders the • Clerk to delivered said modified roll to the Department of Finance. i 'he Hoard signed and approved the following Contract and Bond with reference to the greding and construction of sewers on streets under Improvement Resolution No. 2305: CONTRACT AIED FOND. This contract, made arid. entered into this 26 day of August 1930, by a.nd be- tween the Hendix Realty Company, hereinafter designated as "Owner", and Frame and Zimmer, Inc., hereinafter designated as "Contractor", and southern Surety Company, hereinafter designated as "Surety", Witnesseth, That • �� Whereas, the Williston Construction Company and the City of South Bend. !� entered into a contract zn :hhe Ist. , day of October 1929 whereby the said construction company undertook the construction of lateral sewers and the grading of streets particQ I ularly mentioned and described in Resolution Numbered 2305, adopted by the Board of Public $corks of said city on September 25th., 1929; the portions of said streets cover !� ed by said resolution being in Westchester Second Unit to the said city, and Whereas, said Williston Construction Company and the said "Contractor" !i entered into a sub -contract by which said "Contractor" undertook and agreed to do the excavating and grading work specified in the improvement contract between said City and said 'W"illiston Construction Company, and fihereas, said excavating and grading work is now substantially completed, except for the finishing of the sub -grading preparatory to receiving the pavement, and it Whereas, the exact extent and character of the word` necessary for finishing 17 Tue sd. ay, 6eptembe r I6t h. , I930 . the subgrading preparatory to mceiving the pavement cannot be determined at this time, and. Whereas, the said "Owner" owns all of the property abutting upon the portions of said streets being improved under said Improve Mint Resolution Numbered 2305, and which abutting property so owned by the "Owner" is subject to assessments for said improvement, and Whereas, said "Owner" said "Contractor", said Willis tonConstruction Co,, and the City of South Bend all agree that it will be for the benefit of all parties concerned and in the public interest that the finishing of the sub -grading preparatory to receiving the pavement will be postponed, and 'Whereas, the "Owner desires that the finishing of the sub -grading pre- paratory to receiving the pavement be postponed, and is willing that the work done by the Williston Construction Company and the "Contractor" be accepted by the said City of South Bend, and is willing that the assessments for the improvement be assessed and spread of record by the.Board. of Public Works of said city, and that such assess- ments cover the contract price of said improvement, Now, therefore, the parties hereto, each fcr and in consideration of the promises and agreements of the others herein contained, promise and agree as f ollows : (I) The "Owner" promises, covenants and agrees that the work now per- formed under sitid Resolution Numbered 2305 may be accepted by the Board of works of said city as a substantial performance under said construction Resolution Numbered 2305, and that said Boardof Works may immediately proceed to the completion and spread of an assessment poll upon the property of the "Owner" covering the entire contract price of the construction contract between said city and the Williston Construction Company under said ne soluti on Numbered 2305, and the "Owner" fuather covenants and agrees that it will file no remonstrance against such assessiont roll or any of the assessments therein fixed and determined, and will pay said assessment in accordance with the special assessment laws of. the State of Indiana. (2) In the event that the Board of Public Works of said city does ac- cept the work now performed under said Resolution Numbered 2305 as substantial per- formance under said Construction Resolution Numbered 2305, and pays the full contract price therefor to the said Williston Construction Company, then the said. "Contractors" promises, c Ovenants and agrees that it will promptly and without delay upon the demand df said Bendix Realty Company made upon the said "Constructor' at any time uith in three (3) years from the date of this contract furnish all materials and do all of the work including excavating, filling and grading requisite and necessary for finishing of the sub -grading of the portions of said streets included in said Resolution Numbered 2305 preparatory to receiving the pavement, and said "Contractor" further promises and agrees that the price for its pe rformanc e her eund er shall be not to exceed Ten Cents per square yard. (3) It is understood and agreed that the number of square yards embraced in said work is a.pproxima.tely Thirty*One Thousand (31 000). (4) It it further understood and agreed by and between the parties hereto that this contract shall be and continue in full force and effect and binding upon the parties hereto, notwithstanding that the City of South Bent' will accept, approve and pay f or the work cdnne by said Williston Construction Company and said "Co:.tra ctor" under said hesolution Numbered 2305, and. not withstanding the said city shall assess the property of the "Owner" for the full amount of t re construction price under said contract between said I'villiston Construction Company and the said city of South Bend.. (5) It bs further understood and_ agreed that the work which may be required hereunder of the "Contractor" shall be done and performed prior to the laying of any pavement, and at such time and in such manner that said work shall not be in - eluded in plans and specifications adopted by the Board of Public Works of said cit- for the construction of navement on said portions of said streets. (6) For the faithful performance of ali and singular the terms and agreements of this contract contained and to be observed and performed by the "Con- tr^ctor", the "Contractor" as primcipal, and the "Surety" herein, in consideration of the premises herehy jointly and severally bind themselves and their respective suc- cessors and assigns unto the said "Owner" in the )rincipa 1 sum of Three Thousand ($3,000.00) Dollars, lawful monies of the United States. In witness whereof, the said parties hereto have caused this instrument to be executed on their several behalves by their respective officers and their re- spective seals affixed in triplicate on the day and date first above written. ATTESTED: Walter J. Buettner SECRETARY ATTESTED: FRED W. FR ATE SECRETARY BENDIY. REALTY C OITANY BY ELMR M. KASDORF PRESIDENT FRAI M AND ZI MII R , INC. BY Cl\,RL E. ZIMER PIESIDENT • 0 • 0 0 0 • Tue s day , Sept ember I6 th. , 1930. 11 0 Is E • 0 11 SbU`ffiERN SURETY COMPANY BY D. SBERY N ELLISON ATTORI\TEY IN FACT E. BEYER, Witness. The Williston Construction Company hereby approves the above and foregoing contract. Dated at South Bend , Indiana, this 26th . , clay of August 1930. Williston Construction Company By E. A. Coates, President. The Board of public "'arks of -the city of South Bend, Indiana , having examin ed t-e above and foregoing contract, does hereby in all things approve the same, and does hereby consent to proceed in conformity therewith, and: that the 7ork contemplate in said contract to be performed by Frame and. Zimmer, Inc. , may be done and performed prior to the paving of the portions of the streets therein named. Dated at South Bend, this 16th day of September 1930 Board of Public Works of the City of south Bend, Indiana By 1% E. Doran Join K. Smogor Ralph 1-T. Kuss Ise mb ere . Meeting adjourned at I2-30 noon. Attested: cl k of the Board