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HomeMy WebLinkAbout09/26/1925 Board of Public Works Special Meeting MinutesN tinued Engineer signal assessmant Poll and final estimate under improvement Pasolution No, 1491 for water me;ins on streets in Lincoln Manor Addition. Assessment roll adpted ,,nd- final astimte allowed. Notice of adoption of the assessment roil rind , of hearing upon'the same -on the Mtn. dy bf '06tobar 1925_%t %:'15 P.M. ordare l published' a -cr ov idea by law. CoNtrao.t► with The Albart CoNstruatioN Co. for sheet, asphalt pavemeNt ON ©steno street from Iafayat,ta Street to Iroquois Street, as provided iN improvemeA ResolutioN No, 1534 adopted July 2191925 sigNed aNd ooNstruet ON boNd atts'ahed thereto iN the sum of $3,932.00 with t,h* MetropblitaN Casualty INduraNee Company as sureties approved. BoNd aNd aoNtradt approved. Bcard rV t in s P3'0 ia, l sass ion at 10: OG A.M. All- members present Y,= Seebirt;, City Attorney L. W. Hammond and City Engineer Anderson present. This be ink the date sat, for the hearing on Pland and estimates on Grade•,Sepan-;tion, Mbd 1f;i d"14,S>oluti icon No. 4. . E . Couter and Atty. Sayboid representing the Indiana Northern Ra i11flay 0ompany D, C , Soutthworth anti Mr. Greene -G�n. Supt, of the Chies.go, South Bend & Northern Ind il pa Rahway Company-, Arty. -Gavit, Atitoy. John Yeagley Attorneys for News York C�.nt,raI RaflRoad Company with Mr. Webster district Engineer, and Atty. Woodside Carlisle represa'nting the Grand Trunk Western Railway Company and Mr. C. Staples , .Citizen present. The following remonstrance filed by Atty. rxvit and Yeaglay for the New York C e ntra 1 Ra i lR tq- d Company. STATE OF TNDIAI�A ) ST . JOSE PH COUNTY BEFORE THE BOARD OF PUBLIG WORKS OF THE CITY OF SOUTH Bc-ND . IN THEaTTtR 0�' , I+�ODIt�ItD RESOLUTION N0. 4. PROVIDING FOR TH.- E$EVATION OF TRACKS AND SEPARATION OF GRADES OF THE Nc-W YORK CENTRAL RAILROAD COMPANY. COMES NOWthe New York Central Railroad Company .and remonstrates against the confirmation of astimtes, filed by the City of South Bend, in the above cause on the following grounds and for the following reasons, to --traits That the estjMteS 'mde by the City of South Band, and filed in the above cause charging or pretending to charge the New York Central Railroad Company with Seventy-five per Gent, (75par cant) of the oost of construction, restoation, resurfacing and other work incident to grade crossings of streets over the Rdilroad Tracks off' the New York Central Railroad Company, are expenses, costs and c} .rges for the payment of which 786 Saturdav Seotembf the New York Central Railroad Company is not liable under the Laws of the State of Indianaa, and the payment of such said chasrges, costs and expenses . shouH sh41d be made by the City of South Bend. THE NEW YORK CENTRAL RAILROAD o COMPANY By JOHN A GAVIT JOH1r G. YEACLEY Attorneys. Above placed on file. J The Board having -under (consideration the plans, 'specifications and estimates of cost, heretofore filed on or before the llththe Grand , day of September,' Trunkwe stern Railway 19250 by the New York Central Railroad Company, Company, the Indiana Northern Railroad Company and the City of South Band,. covering the work to be done under Modifio4 iwo0le lk"440'" Ra901"*10Z wqf 4 adopted on the 9th. day of Januarys 1925, and it appearing tothe Board tiiaat notice of a hearing upon remonstrance thereto has been duly published as -pro- vided by law and that at least ten days written notice of such hearing has been served on each of the steam railroads and street railroads affected by the pro- oeedings, proof of which publication and service is now`on file in the office of said Board andbs�s ow the tvenv York Central Ra:11ROftd Co. xnder and files their writter remonstrance. whioh= said remonstrance is now, over -ruled and it, further appearing to the poard ?,hat no other written remonstrances have been-- filed and that no other person, firm or corporation interested in or affected by such improvement snit tho cost thereof has, in anyway remonstratec�__�g_ainst such plans, specifications or estimates o r any part thereof,.the Board of of Public works now approves and confirms all of such plans and speo.ifioations and allows the estimates so filed on the Ilth, stay of September,l925,"and the said Board now makes its allotment of said work as follows, to -wit:- and L. That the N�� York withinnthel Rail lens,O�pecifications.any lanc��estim�ates perform all of the work included p filed by, it. 20 That the Indianallorthern Railroad- Company shall do and perform all of the work included within the plans, specifications and estimates filed by it 3. That the City of .South Bend sha11'Cionciyperf'orm all of the work included within the plans, specifications and estimates filed by it, 4., Thai, the Grand Trunk western Railway Compaany shall do and perform All of .the work sneluded within the plans, specifications and estimates filed by it.. 5. The -foregoing allotment of work shall -not; be construed as any division of costs of any of said work, but the Board expressly leaves all questions as to divisO4 of costs and the proportionate liability of each and all of the parties affected fe f'uturedet?erminatibn as provided by lews _. The Board'url.her order's that all of said work"shall be -done as provided by. Modified Gracie Sepa,ra;`Lion Resolution No. 4 ana`'in accordance kith the glans and :specifications hereby approved and directs that such work be so planned and performed as to cause the least possible interruption of traffic and the least possible interference with the ope-rnti6r.nof stx„ee�t railways and. other public utilities. Vlitness our hands this'26th. day of September 1925, L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER BOARD OF PUBLIC WORKS. Proofs,=of publieationq in News Times and South Bend Tribune with affidavit signed by ij. P. Reed Asst. Publisher of News Times, and Chas E. Crockett Publisher of the South Bend Tribune, stating that notice of herring was published on 15th. day of September and 22nd. 1925 ( Insert see filey files for original proofs.) The following'contraot signed and approved. THIS AGREEMENT MADE THE 2616h. day of September tnft in the year Nineteen Hundred and twenty five by and between Ralph Solllitt & Sons ConstR. Co. hereinafter called the Contractor , and 'City of South. Bend, Indiana, by its Board of Public Works hereinafter called the Owner. WITNtSSETH, that the Contractor and the Owner for the consideration hereinafter named agree ors follows:- Aarticle1. The Contractor agrees to provide all the mmterials and to PorforM all the work shown on the drawings and described in the specifications entitled Garage .& Mzrkshop for Street and Engineering Departments , City of South Bend, Indiaft prepowdd by W. D. Teeple, Archt. Engr, and F. J, Anderson, City . Engineer, and Engineer, respectively; mating as, and 'in these Contract Documents entitled the Architect, .and to do everything required by the General Conditions of the contract, the spec if_iostions.. _ ARTICLE 2. The Contractor agrees that the- work-und" this contract shall be substantially completed on or before December. 15th, 1925, sub jeot to shrikes, excessively inclement weather, or other valid cause for, delay, beyong the Contractor's control and accepted by the Architect, ARTICLE 3. The owner agrees to pay the Contraotor in current funds for ''the performance of the Contract.Twenty Thousand, Nine hundred and forty-five and 7100 611ars (200'945.00) Subject to additions and deductions as provided in the General Conditions . o:t the contract and to, mks payments on account thereof as pro- vided therein as follows: On or -about the Tenth day -of each month Eighty-five (Q5 per aent;per cent of 'the value, proportionate tothe amount of the contract, o:r Iabor and materials incorporated in the work as scheduled by Contractor in writing, approved by Architect up th the first day of that month as estimated by the Architect less the agegregate of previous payments. On -substantial completion of the entire work a sum sufficient to increase the total payments, to eighty five (85 per cent)per cent .of tha contract price and tea days thereafter, provided the work be fully completed and the contract fully performed, the balance due under the Contract. And: in addition to the above , $13.50 0 cubic yard of concrete in place, including excavation's and forms, to be hereafter determined and directed in writing by the Architect. ARTICLE 4. The contractor and the Owner agree that the General Condi- tions of the Contract, the specifications and the drawings, together with this agree- ment form of the contract, and that . they are as fully a part of the contract, as if hereto attached or herein repeated; and that the following is an exact enumeration of the Specifications and Dratings: General Specifications as Rer. copy on file in Architect's office. # 'Shoots drawings, (1) survey. (2y General Plan. (3) Elevations, together with such supplementary details as my be found essential from time to time, and furnished by the Architect; and suoh shop details as are tolled for under General S"Olficationsto be furnished by.'Contractor and 'approved by Architect. ARTICLE-5. It is, agreed that/ this contractor -is to furnish Chicago Common or equal Brick to the full amount required for -, hs completion �of the building. Further, that the heating boiler .is, to be new, of type!. make add rating as .called for in speoifieatins; and that 'in mitter not, stated to be otherwise in this contract all things are to be in conformity with drawings and specificationd. `ARTCILE 6. This contract to be dfrforce and effect when contractor shell have filed acceptable bond with the owner, and contract shall have been ratified by the Common Council of --�he° Cijsy of South Bend, Indian&. The Contractor and the Owner for themselves, thier successors, executors, administrators and assigns, hereby agree to the full performance of the coveunants herein contained. IN WITNE33 yPHt.REOF, uhe.y, save executed this agfeement_, the layand year above -written._ RALPH SOLLITT & SONS CONSTR. CO. R. S. SOLLITT-Vice Pres. CITY OF SOUTH &=ND,-INDIAnA. L.B. SLAUGHTER Pros. L. P. HARDY ALBERT F. HONER 788 Monday September 29th., 1925. Board met in speoial session at 9:00 A.M. L. P-. Hardy absent. Mayor Seebirt present. , Atty.-John Yeagley appeared and pre s Ent, e.d the following withdraw El .khioh was. read and approved. STATE OF INDIANA JOSER C0'UNTY- SS B YORE TBE -BOARD -OF` PUBLIC WORKS OF THE r-_... OIL OFF -SOUTH -BLND, ; n LN :Rt OF MODIFI ED.-RL'SOLUTION -NO* 4. PROM T+'(R` TRACK Atio Ant GRADE _axon ,oF t,h,-- i,RACkS of the NEW YORK C AL RAILROAD COMPANY. COMES NOW, th 1NEw Ygrk CEntral Railroad Company and. dismis$Es and withdraws its rEmonstrano filEd hErElz on -tTi - _2Cth. , day of SEptEmb Qr, 1925,E and waivEs any and all right of appFpl or furthEr pro- ct-du.rE on said -rEmonstrantr and by virtue thErEof. THE NEW yoRk CEntRAl RAILROAD .9.pPROV ED COMPANY SEpt. 2891925. BY JOHN A. GAVrT AGLEY BOARD OF PUBLIC WORKS JAtt r y., 1: BY L. Be SLAUGHTER Atton Ey. BrEsident.. A c , Pr Es id En �......._..,. 71rk of thE�`Boar . z