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HomeMy WebLinkAbout05/09/1923 Board of Public Works Special Meeting Minutesiso Board met met in spsciL1_ session at 9100 -A-,,Mi; All members presents The following report filed by the, City Epg1neer and resolution adopted by the Board. MOW U Lg:e5 • Board of -Public Works, South Bona, Ind, Gentlemen:. We have checked the petition of the restden,t freeholders of Fellows St., £ram Sample, Street to Fw1ftg Avenue, and rind that a ma jrity have petitiond that the street'b.e paved with asphaltic:comerete. Yours very truly, FILED FREDERICK J. ANDERSON MAY 991923. City Civil Engineer. BOARD OF PUBLIC WORKS By L. B. SLAUGHTER President. Concerning the improvement of the roadway of Fellows Street from Sample Street to Ewing Avenue . in .,pursuance. to Resolution No, the petition of freeholdere residing .aa` said street `is eons deredg and the report of the city Engineer is---reeelved and all- evidence 1s ' and and the Board r1n s that said petitioners -constitute a ua*-r y. in _fir of the fraahelft" upon said stroet to ,be improved, and that said pititi n is "fIvIoul, ant'it it I: thereforo considered, and adjudged that said IWro omeat'ise made wit,? ° spaltic concrete using Mexican Asphalt the kind of paveme t- raqu;asted is said pai,itia:ai and the City Engineer reports that White Zonshiftetle:a Company is the lowes t. and best bidder for said kind of pavement, an the Board so finds, and lets the: contract for said to him, and orders that said Improvemebt to -be made with Asphaltic concrete using Mexican Asphalt and all proceedings ho"tefoe had in this matter are hereby confirmed and ratified. L. B. SLAUGHTER BOARD OP PUBLIC WORKS L. P. HARDY ALBERT F. HONER Attested.: -- Veronica C. Sweeney Clerk of the Board Dated this 9th. day of May 1923. Representatives of the Hoosier Auto Association appeared,befee the Board in regard to permission to erect, an electric sign, on standpipe directing tourists Le their headquarters for information at the Jefferson Hotel. The following permission was granted: 'Hoosier Auto Association granted permission to erect an electric sign containing directions for tourists on the Stand Pipe on Lincoln Way East. The same to be erected and maintained at said Hoosier Auto Association. own expense and the City to be relieved of any responsiblsty of any nature'. Board ordered Acting Cemetery Sexton genderson to bring in al all books of cemetery office to the Ciy Controllir's,effice to be audited, and to prepare report for April 1923. Partial estimate allowed George Pontarelli for trunk sewer district No. 2, also Pleasant Street pipe sewer and Calvert Street Trunk sewer. Board ordered Clerk to advertise for bids for the collection and disposal of garbage according to specifications now on file. Bids to be advertised on the 14th. day of June 1923 and on the 21st. day of June 1923 bids to be received June 26th., 1923 at 10:00 A.M. The Board reserves the ii right to reject any and all bids. Wednesday May 9th., 1923. Continued. The folle1w ing bonds and contracts appmoved PUBLIC IMPROVEMRNT CONTRACT This Agreement, Made and entered into this 9th. day of May 1923 by and between Ges; -Pontarelli of the. County of Seek and, State of Illinois (hereinafter referred to to .the " Cortrz:etor--"-), purl -i.he-CJW-of ZeUl#h Bond, .in the County. of -St. Joseph, and Sta, a of Ind4na p by and through its Board of Public Works (hereinafter referred to as the " C ii y*) , under and by virtue of an Act a of tihe General Assembly =of the Slate of Itsdiana, entitled " An Act Concerning Municipal Corporations, " approved March 6, 905, and a.11 amrsndatory and supplemental acts theretes•. Witnessth,that the contractor covenants and agrees to construct pipe sewer on Pleasant, street from 18th. Street to 19th. Street, in tb* City of South Bend, Indiana at and for the following prices:- 265 lin. ft. of 10" pipe per lin ft....... ........J2,50 52 lin. ft. of 8" pine per lip ft................... .70 160 lint ft, .of 6" conduit pipe per .tin 11 lin. ft. of manholes per lin ft...................8,00 2 sborm wafter .grates, each. ..,....•.................10600 1 aranhoie curb and cover , each.....................18.00 aittt to tpe#orxn all work in the prosecution of said, improvement under and according to the terns and con- ditions of Improvement Resolution No.adopted,by the Board of Public Works.._,�� s...?].,s 1923 • aifd the plans,, profile end specifications on file in 'the off.ce d£ the Department of Public Works, which said .Tesolution, plans, profile acid specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. i The contractor further expressly covenants and agrees: that in the prosecution of said work all proper skill and care rri'lbe exercised; that he - =tl t'-op r= d 1 all excavations and dangerous places, and Thrill use al! due and proper preca,;tioa to pros _. _f mjury `o iry person or p_c� �rtv ; that i-t the. event of any injury or damage resulting from the or rasrutt-. from ?-.v m fitter or thing -.onn ct-d therewith or arising therefrom, to any person or property, he v-:11 nay ar•^ lie-idate %he same at his own expense, and a.s- surne the liability therefor; and in the event of any claim or claims being made or any act -ion cr actions being brought against the city by reason or on account of or gro-tying out of said v-or?- cr its construction, ch- sal contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wi`_i 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 aty`such action is begun, the city shall notify the contractor of the pendencv Cher-,^f, tb �:n any judgment:rendered against _the city shall be conclt+sive against the contractor and against the surety on his construction bond, as to th- amount, liability and other, matters pertaining thereto. 04 vei4'4 AL4 jia 1bg 24`iwm�er as fixed by the �'?Pr �. - c zt. a tint �. qq th �!§k��t�t§ �'QI C � firs l9 w h t.ie Roard of Public Work�6c; s a bond �-zill siffi+ sa3-Ay "btl"etArid 4 Ait! OA aiiiblkgt d% I e pp clf+�s tiAt�r, Art4 in doing such repair a era the cot.tt pate. ttt3d the stcc�t�r on h% �iaithtfs� b d lihh k Fttl%� Fl 0 fbe o4aw liability to the city and any ocher pcasoa for arty iajury-.tor. ddthAo to att1t JAt*� W jr,4y in the Cawg manner and to the same extent as is fixed in the last _preceding ptrigtaph WWf4 tj� � tf'= Ur"Arm work, And it is further agreed by and between said raItfias that the acceptance at the work 0MVIded fft Iti tith c-ontract, or the payment thereof, shalt not constitute a waiver on the purt of the dity df ati of the PtU e= Wits of this Contract, nor shall it release said ccntractor or the sureties ore his bond fbr the to Ithfol pgeftst- = Me thereof,' nor shall the acceptance be prima facie evidence of the perforrrrance of Afty ptaVINjdii Of thN rvall^act, 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 fur abed toiM used lti the mdkitiit of lweh improvement and in the performance of this contract, whether done or furriished for filth, dt• hls lfwi iEsol�`inee, successor or subcontractor ; and the city may reserve out of any allnrvatice fmads on arty VA thats W fat r of the CbMrA for dr' 1+,� idsigiis, or out of the amount due him at Elio Caslitio iipbti the eel ' 16flaft of the work, so much ■s ,taaiy tcessary to pay,all laborers or tnaterim Mat 14 11m stints . lie tow k a or ata�terials used Ar furnished to be used in the perforitiastce of thll iMtr9tt ltlid dblti &Md,store, and the siounty treasurer, acting, as city'treasurer,-may retain money doil#ded 100 erty Owners assessed w laid improvement to pay'such debts" or urtilf the eoutrseteir s%�r 4�t t tt61 � oald or satisfied........ .... .......... . su'> =sh. earth. and umised material iri the streets or Andes trerekg- apon the complefi. i.. fhe'ir p.-ovAm ,�t_or the repairing thereof. The work of making.sctcli fmproV went shall be completed according to'the tcrt.;s of thls emttt;.wt CIA (A: beforethe-- ----------------------- ___ ------------=----------------------- —.---dav of ........................ .unless the ti}ne,fp; th.e,cptxple,ton of:the sar,P shall be extended in wr_ti" by th„ Board of YubliclWorks, And -it is agreed that any such eaten -ion of time. or any altera .on of th's contract or of the manger or meth- od of doing such work shall in no way affect the duties, obligations or�sbilities of the contractor or big sure- ties. It is agreed that the contractor shall not assign this c­ Iract. or, sub -let the work or any part thereof to bedone hereunder, without the writ/ -en cons mt of the Board of. Public Works, It is further agreed aid stipulated_ that t%2 contractor shall give to residents of said city and eonnty preference in the employm-nt of all labor necessary n"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 con:litions 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- lectedtand- paid to said contractor in the manner fixed iy the statute governing the making of such improve, f�ea�s. To each of the conditions and stipulations of this contract, including -all and singular the provisions and terms of the plans, profile, sperlificatiors and resolution aforesaid, the under;iigned binds himself, or itscl snit the soeetivq successor or assigns of such: parties. In Testimony Whereof, We, the foregoing named parties,-herento set our hands this 9th. day of May 1923. CITY OF '°SOUTH BEND, INDIANA GEORGE PONTARELLI BY L. B. SLAUGHTER Contractor L. P. HARDY ALBERT F. HONER Its Board of Public 'W9rka. Li ssda,y May 9th.s, 1923. Cantixued_ . co rnlu>ION l io vxze=f& That ire- � *..- �$i - �iI��SF�r��9zMaw' , .... State at Mat! ll41► AM s (�,frternr_-.�:r:-aejanaeaaaaaeaaaer.......................-..._....-.__.____________� [� p of . dig County ®}ar_avaaa .s _. --and restate of......u..nwu..r..n..w.r....a9.g..E1..§SB:EViEEE :EE: EEEE at ouradoli am hold and firmly bound to the City of South Bend, Indiana, in the sttat of ..... $L7SSE.:EE9EAC�:��$� Hid aa3 >"y--` t : 2.ui" -..,.�._ .....__.... - ..a:- .--..... -- ttt a f 492 r .:.: of which' well and truly to be made, we jointly andseverally bind wlvdd vtj% (01F f y Ar4coaters admiam,raten axed assigns, firmly by these presents. H 400ditlan# of EhC obligation are such that if the above name&..tr,aaa.✓.aaaN.baalWaYa ---- .....�.__...., ._� --- _ shall faithfully comply with the foregoing Cottuao-4 made and entered into the.» .-. ....._...._.._....__._. Ala of ..... _ _ .... with the City ©x South Berl-d Indianp, and shall�ftilfill all�the conditions and-stipuiRtions therein cotlu'hw(f, according to the true intent ar_d me Ring th-reof, in all respe ,ts, then this obligation to be void, otherwise to be and remain m lull force and virtue in law. In the eve:.. the said City shall extend the time for tits completion of said work, such extei An shall not in any vray release the sureties on this bond. This shail•b.e, a constnie*ion:bond, and the sureties on the..same skall not be held rmponslble for ihe maintenance and repair of the,iw-ptovement after it h's been accepted by the second party, but such sur@ti@s shall be held responsible for the fait'-ful compliance with all other conditions, stipulations and tequir@mente covered �by or set out ,n the contract. 9.t3 ��.�y ��f.... _ ....... _... May -- Geer a'nre-li------------ , .____..„.---....�------• • _....---..�.;,.,f�..).--..�orgt--P�e�r�a-re31i.....---._.._.___.___(�L.��., ---------------- ----- ------------ TLC, above t:oi;d afyproved this------ �1;}3._. r._..._ c` _ May 1923 • ---------------- Le P. HARDY ALBERT F. HONER PUBLIC IMPROVEMENT CONTRACT. This agreemeii, Made and entered into this nth. dsy'of. May 1923 by and between The Williston. Construction Company of the County of St Joseph, and State of Indian& (hereinafter referred to as the " Contractor"), and D the City of South Bend, in the County of St.: Joseph, and Skate of Indiana, by and through its Board of Public Works, (hereinafter referred to as the " City"-), under and by virtue of an Act of the General Assembly -of the State of Ixdiana,:entitled, " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental nets thereto: Witnesseth, that the contractor covenants and agrees to construct asphaltic concrete pavement on Woodward Avenue from Hudson .Avenue to Michigan. Central --Railroad Company and on Angell& Avenue from Po tags Avenue to Woodward Avenue, in the City of South Bend, Indiana at and for the following prices:- lin. ft. of curbing per lIn ft............... .60 8395 sq. ft. of cement sidewalk per sq. ft......,.0016 300 lin. ft. of conduit pipe per lin ft..............95 12 new inlets each.,..... ..................:.....14.50 6 inlets reset, each . ............................ 3.00 4-manholes curbs and covers, each ................. 3.00 2485 cu. yds. of grading per cu. yd............... .80 116 lin. ft. of marginal curb per lin ft.......... .40 3374 sq. yds, of asphaltic concrete pavement using Mexican Asphalt per sq. yd...............2.52 <LIid to perform all work in the prosecution of said itnprovement under and according► to the. torm an Coll_ dttions of n}proveinent Resoltitlon No.. .Q _ _ adopted by the Board of Public Works.. Fit . 27:1923 • and the -plans, profile and specifications on file in the office of the tiepartment of Public Works. which said resol9fi0*-4A s, profile and 4pecifications are made a part hereof as fully and effectually as if Copied and set out ficre . ai full length. The contractor furthier expressly covenants and agrees that in the prosecution of said work all proper -Skill and care will be exercised; that he ri'.l properly �r: and p-.:otect ail excavations and dangerous places, and will use all due and proper preca.sition to preve t injury to any person or-proz ertv; that in th,e event �f any inzury or damage resulting from the wor': or res}xiting fro_ m any matter or thin- connected therewith or arising IhO` from, to any person or property, he v4V pay and liquidate the same at Kiss. own expense, and as- sume 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 said work or its construction. the said eontraotor will at his own expense defend the same, 4nd 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, vxpense, payment or judgment recovered in connection with such claim or claims, action or actions.. And f'f within ten days after any such action is begun, the city shall notify" the contractor of the pendency thef:°of, f'h�L.n any`judgment rendered against the city, shall be conclusive against the contractor and against the surety an his constructioa bond, !as to the amount, liability and other matters pertaining thereto. 183 Wednesday 1hy 9th.9 1923. Continued, nci the contractor agrees to rnaintain said improvement and wake such repairs'as may be necessary the pexiod and in the mariner as fixed by the specifications, and to secure the maintenance and repair thereof to file with 6e Board of Public Works a bond -,Jith suElcient surety thereon and in an amount as fixed by the opecifacations. .And in doing such repair work the contractor and the surety on his guarantee bond shall be subjcct`to the sarne liability to the city and any other person, for any injuryor damage to any person or prop- :.. city ip the sarne manlier and to the wine extent as is fixed in the last preceding paragraph coveting the con- striwo-wi work. tl it is further agreed by and between said part'_-s that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- lons of dais contract, nor shall it release said contractor or the sureties oa his bond for the faithful perform- ance thereof; nor 'shalt the acceptance be prima facie evidence, of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all'labor and mateijals 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 agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate its favor of the contractor or ti- assigns, or out of the amount due him or his assigns upon the completion of the'vork, so much 4s mar 'cessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and the doing of said wort, and the county treasurer, acting as city, treasurer, inay retain money colle ted from property owners assessed for said improvement to pay such &t!bts or until the contractor shows that they have been paid or satisfied a to rer<<o 4t rtr : ; sii. earth, and unnsed Material in the Street& oe sides tl;areoi ulaon the completion of the imVrovem�nt.or the repa*ring thereof. The work of making such rmpraveanent shall be completed according to the terms of this contract an or before the ...-.._ .-_--- � day of _ __ ----- ----------------- un.css the time for. the campletion of the sal e sh-ii be ex -ended in w.*� , ......................... �--�_----�--� - .And it is agreed that any such extension of ti,,,-, or any al*erw ion of this cg b a t e Board f the ma Public or Works, od of doing such work. shall in no way affect the duties, obligation s oriatiiiities of the contractor or his sure ties. It is agreed that_t'fie contractor shall not �ssi6-n this c�,.-.-�,.,-. ` be clone hereunder, without the writ' Pn co: c or sub -let the work or any part thereof to It is further agreed and'w'-istipulated than of the Board r P. 1>1,,; Works. preference in he em to m,. a' contractor shah. o-ive to residents of said city and ccrci;i+y tj p y nt of all labor i� scary in the i3erferrhance of ,this contract, and failing to (to 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 +Fie said. city agrees to car.z.�e 'the ev'st of doir;g such work tca be assessed, col- Iected and paid to said contractor in the manner fixed. by the statute governing the making of such, improve r-ents. To cachsOf the conditions and stipulations of this contract, including all and .singular the provisions and terris of the plans, profile, specifications aiA resolution aforesaid, thu undersigned binds himself or itse'l$. and the r,.pective successor or assiTrs of s,r'h ra;r P�. - In Testimony Whereef t set. our }:sands Uis -Zth, day CITY. -OF SOUTH B-E �] IND IANA . BY L. B. •SIA GHTER L. P. HARDY INERT` F HONER We, the Foregoing named Parties, hereunto of lfty 1923 A Its Board of Public Works. WiLLIST M CONSTRUCTION CO. BY E. A.'COATES. PZ'da4ide�t • C ol1trae tiers . CONSTR€JCTIOP{ BOND ^v-0 all mca b-7 fl< za f:e;.-nts. That we..�..,...,_--- ion Co li of the County o Sta pal, and GI QbA Tod Itv COMMAY as priticl® of the County of NeW Ye_rk ------- _--._.and State o#_._.- as sureties, are held and firmly bound to the City of South Bend Indiana in the sum .of., .�••~•............. -i�l------------------ executors,._....�____.� for the payment o which,well an truly to be made, we jointly and severallybillndlourselves,(S6►724.09 adminstrators and assigns, firmly by these presents. pttr h�lrs' The Conditions of the obligation are such that if the above named___,...___. W111lsten Construction Co. _—shall faithfully comply With the Jokqw,111 Ewfin; made and entered into the May 1923 . -----� �+h� - day of --- with with the: City of Soutb Bend, Indiana and shall fulfill alF the conditions and st pllla ®rig f �f ' according to the true intent and meaning thereof, in all respects, then this ehl(galj®g to v;B1 ; 81 SEW A to be and:remain in full force and virtue in law. In the ever- the said Clty §hill f�fi f a t ��f i E completion of said work, such extension shall not in any way release the §14r@tl@§ @it fit3§ h@ll�e= This shall be a construction bond, and the sureties on the same shall #@t b@ li§ld fLR§ p maintenance and repair of the improvement after it has been accepted h l � f t 'Pa it shall be held responsible for the rul compliance writh all other l{�l@#g, §llq. i@#§ covered by or set out in the contract, WITNESS our hands and seats this ��,,...._...day of ................ �Y 1w • .�.it ref -......... . . ..-- ..... 19 ......._..�" ...... _ �[Sllis e . construction � n B Wm. Happ Attorney �a i'al~AL) y ---------------- ---------- -.............. (SEAL) - -BY E A. Coati Pres r it . The above bond approved this •-------------•---- ---------" - SLAUGHTER ...............:. mar. ALB Board of Public Worlil Attestaels- ���