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HomeMy WebLinkAbout05/03/1922 Board of Public Works Minutes3rd., 1922. Board met in regular session at $115 P.M. All members present. F. J. Anderson City Engineer present. Hearing had on resolution No. 966 for the Pavement on Virginia Street from Broadway to Indiana Avenue, in the City of South.Bend, Indiana. Upon Said hearing no remonstrators appeared and no written remon- strance was filed. The Board being fully advisedin the premises, decides that the bene- fits to property liable to be assessed for said improvements are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same is hereby in all things, ratified, confirmed and approved. Resolved further, that notices be published on the 5th. day of May 1922 and on the 12th. day of May 1922 in the South Bend Daily Tribune and Nears Times, newspapers of general circulation in said -City, stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. June 6th.9 1922. The Board 'reserves the right to reject any and all bids. Deferred hearing had on resolution for>the pavement of alley north if Lincoln Way West from Leland Avenue to the alley west of Wood, Street, under Improvement Resolution No.-957, In the City of South Bend, Indiana, Uponosoid hearing Engineer reported on written remonstrance filed April 26th.1 1922, a �d safd remonstrance over -ruled and no further remonstrance filed. And the Board being �'ta.ily advised in the premises, Aecides that the benefits to property liable to be assessed for said improvements are equal to the estimated cost of the same as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted, and -the same is hereby in all things, ratified, confirmed and approv, Resolved further, that notices be published. on the 5th. day of May 1922 and on the 12th. day of May 1922. in the South Bend News Times and South Bend Daily 'Tribune, sawspa pars of general ciruclation stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. June 6th.9 1922. The'Board ,reserves the right to reject any and all bids. Copy of report filed by City Engineer. May 3919220 Board of Public Works South Bend, Indiana. Dear Sirs We hayed checked the number of resident freeholders along the alley north of Lincoln Way West, from Leland Avenue to the easterly end of the alley, and find that there tare thirty seven, of whom thirteen have signed a remonstrance to the proposed paving of the alley. Yours very truly, FREDERICK J. ANDERSON, City Engtneeir. Hearing had on resolution for the paving of Rush Street from Haney Avenue to Indiana Avenue, under Improvement Resolution No. 967. In the City of South Bend, Indiana. > Upon said hearing no remonstrators appeared and no written remora-- :vas filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are egaual to the estimated cost of the same, as reported by the Bi yy Engineer, and thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things, ratified, con- firmed and approved Resolved fir Cher that notices be published on the 5th. day of May 1922 and on the 12th. day of May 1922. im the South Bend News Times and South Bend Tribune stating that this Board will receive bids for the.construction of said improvement up to 10:00_A.M. June 6th., 1922. The Board reserves the right to reject any and all bids. Hearing had on resolution No, >963 for the grade, curb and walk on Ruskin Street from Emerson Avenue to Oakland Avenue, in the City of South Bend, Indiana. In the above matter remonstrators a peared and written remonstrance was filed. The Board after hearing.parties interested, defered action on said resolution until May 10th.9 1922 at 7:15 P.M. 1110 inued. Hearing had on resolution for pavement on alley south of Division Street from Lafayette Street to Franklin Street, under Improvement Resolution. No. 965, In the City of South Bend, Indiana. ' Upon said hearing no remonstrators appeared and no written. remonstrance was filed. The Board bhi:ng't�`aily sdvised in the premises, decides that the property liable.to be assessed for said improvements are equal to the estimated cost of the dame, as reported by the City Civil Engineer, and thereupon takes final action on -said resolution as originally adopted,., and the same is hereby in all.things, rati- fied, confirmed and approved. Resolved further, that the notices be published on the 5th. day of May 1922 and on the 12th., day of May 1922. in the South Bend News Ttmes and South Bend Daily Tribune, stating that t is Board will receive bids for the construction of said work at its office in the City Hall on the 6th. day of -June 1922. The Board reserves the right to reject any and all bids. Hearing had on resolution for.grade, curb and walk on Anderson Avenue from Elwood Avenue to Kinyon Street, under Improvement Resolution No. 964. In the Gity of South Bend, Indiana. In the above matter._ remonstrators a-.pe-arl ed and a written remonstrance was filed. The Board after hearin� s:" z in,,,;erested property owners decided to defer all action until Wednesday May 1922. at 7:15 P.M. Hearing had on resolution for grade, curb and walk on North Hill Street from Howard Street to Napoleon Street, under Improvement Resolution No, 960, In the City of, South Bend, Indiana. In the above matter remonstrators appeared and a written remonstrance was filed. The Board after hearin all interested property owners over -ruled written remonstrance and being �fu�ly advised 1n the premises, decides that the benefits to ropertyy liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things, ratified, confirmed and -approved. Resolved further, that notices be published on the 5th. day of May 1922: and on the 12th. day of May 1922 in the South Bend Tribune and News Times, news- papers of general circulation in said Cit, stating that this Board will receive bids for the construction of said.improvements up to 10:00 A.M. June 6th., 1922 The Board reserves the right to reject., any and all bids. This being the date set for the hearings on condemnation notices on defective and .unsafe conditions of barns as referred to this Board by the Building Commissioner. Hearing on Barn owned by Chas. Beethel on E. 'Calvert Street. A number of interested property owners on Calvert Street appeared and protested against said barn. Mr. Chas. Bechtel did not appeare. The Board advised the property owners that action would be taken to have barn removed. ' Hearing on condemnation notice of.barn owned by Matthew Diann. In this matter Matthew Diane and Harry Beck appeared and agreed to repair defective barn. Hearing on notice to Mr. Steen owner of residence being built on E Ewin Avenue not according to the building code. Building Commissioner agreed to see ir. Steen and have time extended: ' Property owners residing in 200 block E. Donald Street appeared before the Board and requested that lights be placed. ,This matter referred to the Pole and Wire Inspector for investigation. Petitions were filed and resolutions ordered on the following: - Pipe sewer on North St. Peter Street from Howard Street to Napoleon Street. Resurfacing of Notre Dame Avenue from Jefferson Blvd. to City Limits. Petition for vacation of north and south alley from the north line of Parallel Street to the south line of Linden Street. Action deferred for one,week or until Tuesday May 9th., 1922, s Grade of alley between Lots 6 and 3 -4 & 5 Mease Addition from Lincoln Way Twst to La Porte Avenue approved. Permission granted to the Indiana Bell Tel. Company to set poles and anchors in alley between Columbia Street and Carroll Street. Wednesday May 3rd., 1922. Continued. the following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT, 'This Agreement, Made and entered into this lst. day of Ma 1922 by and between H. L, Davis & ,Son of the County of St. Joseph and State of Indiana hereinafter referred to as the " Contractor_"_)-,.and_the City of South Bend, in the County of St. Joseph and Stake it Jdiana, by and through its Board of Public Works (hereinafter referred to as the City l, under and by virtue of an Act of the,General Assembly of the State of Indiana, entitled An Act Concerningg Municipal Corporations, " approved March 691905, and all amendatory and supplemental acts tfie.reto: Witnesseth, that the contractor coveants and agrees to construct grade, curb and walk on Donald Street from Leer Street to the east line ;of Kline Street, in the City of South Bend, Indiuna, at and for the following prices:- 2600 lin. ft. of curbing per lin ft. $,30 2661 cu. yds. of grading per cu. yd: .45 12000 sq. ft. of cement walk per sq. ft. .13 and to perform all work in the prosecution of said improvement under and atccord W to the tern" ee-d 0%M_ ditions of Improvement Resolution No.. 933 ------------- . adopted by the Soard of Public Wf rks..,.DgQA,,,9x.�922.. and the plans, profile and specifications on file in the office of the-epa-tment of Puhlic.'Vilorks, wY�ieh.• sal resolution, plans, profile and specifications are made a part hereof. s fully and effectually as if copied and. set out herein at full length, s The contractor further expressly covenants and agrees that i "the prosecution 'of said work at] proper ,skill and care ,ill be exercises, th-t he -=�1 prune v - — -.' --d p ^ct all excavations`a,nd dangerous places, and .rill use all due and proper preca i"ao i to or-_v t 1n)ury'+n i.y "person or p e^er+y; that in the event i airy injury or darm-.ge resulting from the �v� `_ or res-tl°; frohi a-,v matter or thin connect-ed.therewith or prising therefrom, to any pers^-i or nroper*y, ht � 11 nay and ?�c ��ate the same at is own expense, and as- suine the liability therefor; and in the event of any Clain or clains`�being made or any action or actions being bro'<aght against the city by reason or on account of or growing out of s-.:d work or its constrttetfon, the said 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, paym-ent or judgment recovered in connection with such .claim or claims, action or actions. And if within *n days after any such action is begun; the city shall notify the contractor of the pendency; thereof, the an: y tt dg ;-rent rei,dered against the city shall be conclusive against the contractor and against the surety oil Pais c ,atr�-ctic.i l ::_ 1, as to th � =mftou :t, 1iiab,:ity a::d other matters per aiaring thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary fo, the period and in the manner a* fixed by the sw-ciications, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond v,ith sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be slsbject to the same liability to the city and any other person for any -injury or damage to any pers to 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. A2d it is further agreed by and between said r..r!',2s tb.at the acceptance of the work provided for in this contract, or the payment thereof, shall rot ce �stit.?te a r,•aiver on the part of the city of any of the proOw- iwts of this contract, nor shall it rJeaLe said c.. .':-_ctor or the sureties on his bond for the fa.itliful perforla a sec thereof; nor shall the accepta ce be pri; a f_ is eviucnce of the performance of any provision of this contract except to the extent of entitli ..g the c(- or to the contract price therefor. The contractor agrees to pay for all labor a.id E-.a"v:ials used "or furnished to be used in the making of such improvement and in the perform a= ce of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may rose: ve out of any allowance -made on any estimate in favor of the contractor or f,:� assigns, or out of the amount due him or his assigns upon the completion of the work, so much as rna3 �cessary to pay all laborers or nnateriai inen for amount' dale them for done or materials used or iurnished to be used in the perform=i ce of this contract and the doing of maid work, and the county treasurer, acting- as city treasurer, may retain money coil�-dted from property jowners assessed for said improver-ient to pay such debts or instil the contractor sl;ov,s that they, have Won -or satisfied L :e co..t-ar`o' agrees to remo--e all ru5'oish, earth, asd um-sed material im the strcata Cif r.' a t::ereA.4 upon the corpletion of the improvement or the repairing thereof. The work of making suck improvement shall be corafaleted according to t'.he tcri-As of tt,s t,_•A-- (!t an or be -fore the------------------------------------------------------------------ -- -day 01 .................. ............... 19.,..... „ unless the time for the completion of the sane shall be extend-i in writing by the J3oard of Publ:e Worlts, And it is agreed that any such extension of time, or any alteration of this ccrtract or of the a ,; ., l,,r or meth- ' o,A of doing such work shall in no way affect the duties, obligatio~:s or liabilities of the contf�-ctor or 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 hereax,ider, witho, the ti =it' 2n co-.s:-r:t of the i�:.; :rd of Pll.blic Works. It is further agreed a :d stipul d tl + c�n.,actor shall give to residents of said eiLy wid county j,i :f eretice. in the employ , : rat of all labor czersary in the performance of this contract, and failing to do so, _111 forfeit to the city the su- of ten colhrs for each failure to observe this stipulation. And upon the performance of all the ter*pis and conditions of this contract, and things to be done and perfon--ed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lectcd r.rd paid to said contractor in the r- i ::..er fixed by the: statute governing the making of such improve. 1;;: c As. To each of the conditions and stipuirtions of this contract, including all and singular the provisioias and tera:_s of the plans, profile, spccificatioYk3 and resaiution aforesaid; the ur-�ersigned binds himself or itself. and t:.y rd.-,p�tiye successor or a::ssi. rs of such parties. In Testimony Whereof, we, the foregoing named parties , hereunto set our hands this 1st. day of May 1922. CITY OF SOUTH BEND, INDIANA. BY . L. B. SLAUG71TER L. P. HARDY ALBERT F. HONER. Its Board of Public Works, H. L. DAVIS & SON BY 0. L. DAVIS Contractors. 112 Wednesday May 3rd.9 1922. Continued. T41t We...,. .... Ff �t ....�u,►....u�� , .. M �5.� ._........ ..l.P.. r ¢. Of, = S �4r04F .............. to of. Indi�ll a.. s ..L.dq1mu;Uy_ C°mR.any......................... ........ . i1rtl f ® ,,q: AssAAA...AAA... ..........................and State of -------- C40-nMA-c-tdJ01Lt.....:., , t#, r-Tw1'1pl, Are Mid gt►d firmly bound to the City of South Bend, Indiana, in the sum of .................... ».. One Thousand sevenhundred sixty six ---- -----._Dollars (s 1,76 q, _- ,.irt =Wx .�'PAATTiPPA AAAP TTPiTT.A .A..n.. ...... .......................................... t R, pilym fit- M"whiph, W011 411d truly to be rnad-_,.we jointly and severally bind oetrscltrr^, c: 1 uptl �f�j t1 l � f t� 41d 4.sst s, f rtnly by these presents. i ` hi Off. rnit .t QTis of the obli tion are such drat if the above named � - ........,......... H •„ L.,,"Dwi s & Soli - -- _�pl faithfully cote ---------------------•--------...--------------------- 7 pli viththe foregoing matract, made and entered into tlae___�._<- 7. #, -------__-.-. da of .................... ,M8M,�1�22.�,>.>:,,� with the City of South Berd,_Tndian. and s tall ftiifill al the conditions and stipulations therein t4i'ne'd, according to the true intent and meaaing thereof, in all rPspF%ts, then phis obligation to be void,, oche 8? to be and remain in fall force and virtue - in law. In the eve.-- : the said City shall -extend the time for the, eampletiQn of said work, such extension shall not in any way release the sureties on this bond, This.shall be a construction J ond, and the sureties on the same shall -not bo held respou-eible for thr main4enance and repair of the improvement after it has been accepted by the second party, but such su:�eti0s shall be held responsible for the fait'-{ul compliance with all other conditi. s, stipulators a��l tCsft2i#'«�rai.c, Covered by or set out in the contract. WFThiFSS our hands and seals this ...._ 13f,., ---�. , �da7 vf..._..................'I8, .922...,,,,,..}. 19 _.... _.._ ...1 = H. L. DAVIS & SON (SEAL) HARTFORD ACCIDENT AN9 INDnTWL) --DAVIS`- UM,AN.Y................ ......... ..._ ----------•---------------------- -- — - (51 �L}-3.Y...---C._..ffw....GDM*...A119=0Y...lW►0• The above bend approved this 2nd. d^}� cf L.:_..B.. _SLAUG?iTER. L. P. HARDY ... BE"--T ----HONE-0-----------------r the following resolution adopted. SIDEWALK IMPROVEMENT RESOLUTION NO. 987. RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA_ That it is deemed necessary to improve Various Streets. That an improvement be made of the kind , size, locations and terminal points as follows, to -wit: - That bids be received for the construction and repairing of cement -sidewalks and cement curbs and for filling and excavating for said sidewalks and curbs, on different streets in the City where same have already been partly constructed, or defectively constructed. All such work shall be done afger the owners of the abtting property have been ordered and notified as provided by law to construct or repair sub such sidewalks or curbs within thirty (30) days, and they have failed to do so withir. the said period. All work to be constructed or repaired in accordance the plans, profiles, detail drawings and spe ifications on file in the Office Of the City Engineer of said City. All work to be done and assessments made as provided in Section One (1) of an Act entitled " An Act ConcerningMunicipal Co orations " approved 1909 at page 412 -4180 .viT_t :fie p'�:�s, prc_�i� es , '- ., .1 ? _ i:::A�s .�� =s on f" 1_a, 'i n the office of th-e DP ^, +"O ^+ of the Board of ulblic 1Y e)r"<9 and such improve gent i4 o-rde•red. i''Cle y0 t Of said inX OVB.^En s, _L cludin9 th)e co t of S`�,1'e€ �'. .;i. ,ll intereection';, 4•ra.l?. be th'� real estate 2.b-iaftizng ma > O>! n. 0 0•• e e o e. o O e a e e. o n o.. o.. e o. a o n•. o e.. 0 n.. 0. q• G•. .] ! 9. 0 A p O•) q;> q A 9] '! ] i 3 J • . . . . ! . . . 6 n e . b o . 0 0 . . o n n q o o n o . . . . . . e . . . . . I . T J . . o . n . , n � , , n - !t mme ,�.� ram, rna--tn �;i"O4?CtigC1. IOr 1._a Hri Act Qt'r-'•^-}1- ll� according _ o the �t ; r or-, +, d Art, act Ccnce r r tJn ar J ara� .A.ssemb=_y of the S Ccrporatons, " ap.,ro7,e,, 1''05 �. ;_ ,. �� a� ,- with an. : _..ct the p-rovlsionQ of all a- r ^-.d supP-LeT�e:nta.1_• < is thereto, pas3_ b7 t;hie General Assembly of the State of ir_diana. Assessi:,:ents, it deferred, are to b, paid., in, ten equal annual inst ?.li_ents, with-int_ rest at the rate of >i t,_> cent per annum. A bond or bonds shall be is -,t-ed to the contrar;tor ..:4 P a, r ;;­,_f "� of such work, unless the property Owners pay said assess -:rent be.--�'•or- said bond or bonds are issued . Under no c i r -ftustances sh�,l! the City of So-tth ',end, be or be held responsible for any suers or sums, a due from said property curve; or owners for said work or for the collection of the .3 ,,e, or •lox t1,1,e1 pa,yrtent of bond, bonds, certificate or cert�.f1catPs, in> ...ed to sair. o(, —ir actor in _p,--),-, 1922. Continued. pftt for such work, except for such moneys as shall have been actually re-, ceived by the City from the assessments for such improvement, or such moneys as said City is by said above entitled Act required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and i U.a..nce of bonds therefor, shall be as provided for in said t it, n ^a ^e, Q t:o . r Notice of bids shall be advertised on the 5th. day of Ma 1922 and on thel2th., day of May 1922 in the South Bend News Times and Souh Bend Tribune, newspa ers of tt��enersl circulation in said City stating that this Board 'will receive biers for tlie' construction-of.said 'work up to 10:00 A.M. June 7th• 1922. The Board reserves the right to reject any and all bids. Adopted this 3rd. day of May 1922. BOARD OF PUBLIC WORKS, L. B. SLAUGHTER ,. L. P. HARDY Attes ted: - - , ALBFRT F. HONER Veronica C. Sweeney Clerk of the Board. L The following claims were approved by the Board. Welsbach Street Fighting Co. IM.8s Hunington Chemical Co. 21.00 I, W, Lower Dec. -Co. 13 .30 Peterson Printing Company 3.00 South Bend Dowel Works 104.8s Star Pub. Company 5.61 tt.The.;Joseph Lay Co. 39.52 No. Ind. Gas & Elec. Co. -.68 News Times Prtg. Co. 9.30 News Times Prtg. Co. 23.55 Henry Stebner 2.00 c. F. Pease Co. 6.65 Joseph Szweda 23.36 Kanouse & Phillips 332.62 C. F. Pease Co. 6.6e 1%--7/ Clerk of the Board.