HomeMy WebLinkAbout10/18/1922 Board of Public Works Minutes507
Wednesday October 1.8th., 1922.
Board met in regular session at 7:15 P.M. All members present.
Atty. Frank Giluter a-ppe%red> be,fpre the Board with 0.. H. Rudduck
representing him in objection to opening of an alley across Rudduck's property in Franz
Addition. Atty. Gilmer stated his client would.not object to .alley in rear of property
but objected to 8ft. off of side . Agreed to hold up matter and see other parties to
arrange some satisfactory agreement as to alley,
This being the date set for the ddeferred hearing 61n the grading and
grurbihgg of Gertn.ude Street From Ewing Avenue to Prairie Avenue, under Improvement
Resolution No. I067. In the City of South Bend, Indiana,
Upon sai4 hearing Attorney Iden S. Romig appeared and other property
owners. Remonstrance filed against improvement, the Board after hearing all parties
interested in said proceedings decided and hereby ordered resolution rescinded.
Deferred hearing had on assessment roll and final estimate for
grade, curb and walk on Wilber Street from Longiey Avenue to Linden Avenue under
Improvement Resolution No 951. In the City of -South Bend, Indiana,
in the above matter remonstrators appeared and objected to condition
to curb and walk. .The> Board> agreed• to> hold up hearing on assessment roll until Wednesday
October 25th., 1922 at, 74:15 P.M. and to go out on a investigation trup Saturday
October 21st.9` 1922 at- 2P,.• My. • > .
Hearing had on resolution for the vacation of the alley north of
Navarre Street from.Main Street to Michigan Streetunder Vacation Resolution No. 67
in the City of South Bend, Indianaa.
I-`_ths�abaveomatter no remonstrators appeared and no written remonstrance
was filed. The Board therefore sustain all former motion taken on and declare the
above described.property in all things vacated and this resolution in all things,
ratified, confirmed and approved,
And the Board now orders that a list or roll be prepared of;all owners
or holders of property and of valuable interests therein sought to be taken or to be
injuriously affected which list or roll shall #► also describeA the property bene-
ficially affected.
Hearing had on assessment roll and final estimate for Pavement on Virgi
Street from Broadway to Indiana Avenue, under Improvement Resolution No. 966. In the
City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written remon-
strance was filed, The Board therefore find that the property assessed in said roll
filed September 29th., 1922 is benefitted in the amount of assessments as shown in said
roll filed and the Board further find that the assessment roll filed September 29th.
1922 and the final estimate allowed September 29th.91922 should be and the same are
hereby in all things, ratified, confirmed and approved.
Hearing had on assessment roll and final estimate for Mexican Asphaltic
concrete pavement on Michigan Street from 40 feet north of Fairview Avenue to South Li
of Donmoyer Avenue, under Improvement Resolution No. 942. In the City of South Bend
Indiana.
In the above matter no remonstrators appeared and no written remonstrance
was filed. The Boand therefore find that the property assessed in said roll filed
September 27th., 1922 is benefitted in the amount of assessments as shown in said
rolls and -the Board further find that the assessment roll riled September 27th., 1922
and the final estimate allowed September 27thf, 1922 should be and the same are hereby
in all things, ratified, confirmed and:appreved.
Hearing had on assessment roil and final estimate for water connections
on Main Street from Indiana Avenue.to Ewing Avenue, under Improvement Resolution No.
1004. In the City of South Bend, Indiana.
In the above -matter no remonstrators appeared and no written remon-
strance was filed. The Board therefore find that the property assessed in said roll
filed September 29th.9 1922 is benefitted in the amount of assessments as shown in
said roll and the Board further find that the assessments roll filed September 29th.,
1922 and the final estimate thereon allowed should be and the same are hereby in all
things, ratified, confirmed and approved.
508
Partial estimate allowed Staples & Ackerman Contractors for
sewer in Oakland Street from St. Joseph River to Mishawaka Avenue under Improve —
Resolution No. 947.. for the amount of.........$3,827.85
The following bmd and contracts were approved.
PUBLIC IMRROVEMENT CONTRACT.
This Agremene, t Made and entered . into this 17th. day of October
1922 by and between L. H. Webster of the County of St. Joseph and State of
Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend
in the County of St. Joseph and State of Indiana, by and through its Board of
Public Works, (hereinafter referred to as the " City"00 under and by virtue of an
Act of the General Assembly of the Sttate of Indiana, entitlted " An Act Concerning
Municipal Corporrations, " approved March 6,1905, and all 'amendatory and suppleinent!
tal acts thereto:
Wtinesseth, that, the eontraeter covenants and agrees to construct
pipe sewer on First Alley West of.Scott Street from Colfax Avenue to Lai Salle Ave.
in the City of Sauth Bend, Indiana at and for,he following prices:-
i
20 lin. ft. of 10 d.r litl ft
64 lin. ft. of 6" conduit pipe per lin.ft...... .90
8.5 lin. ft. of manholes per lin ft....:..,..... 7.50 �
.1 maenhole curb and cover each.0.0,.0.0,00000.00.20.00
and.tQ perform all work in the pro$ecuti2itl of said isrig ovemefit flAw l'r WA hto tie terms and con.,
iftietts of Improvement Resolution No........ _, adopted by tl a Board of Public Work 922
and the platys, profile and specifications on fi e in e office of the Department of Public Works, w&ch sat
resolution} plans,.profile and specifications are made a pawhereof as fully and effectually as if copied and
set out herein at full length.
The contractor further expressly, covenants and agrees that in the prosecution,'. of aatd .work all proper
slclll and care will be. exercised; the t he ? ;,1 properly -u3*r a=, d F-o*^et al excavations and dangerous places,
and will use all due and proper preca+ition to prevent inj+tiry try ::ry person or pr o*i?rty; that` in the -event Q
any injury or damage resulting from, the vJork or resulting from ^-y r--ftter or thing conr_ected therewi+h or
arising therefrom, to any person or property, he -%-411 pay and liquidate the sane at his oven expense, and as-
sume the liability therefor;.and in the event of any claim or Claims being, shade or any action or actions being
brought against the,city by reason or on account of or growing, out o s?.id work or` its conn,s�truction, 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 .representative9 from all cost
pease, pa eat" or judgment recovered in connection with such claim or claims, action or iLctions. And :1
within ;en days after any such action is begun, the city -shall notify, -the contractor of the pendency thereof,
tlisn anj► judgtnea# Rendered against the city shalt be conclusive against the contractor anA against the surety
on hie ConsttuCtion bond, as to #ham amount, $ability and othef matters pertaining thereto.
And"the contractor agrees to maintain -said improvement and r7ake such repairs as may be necessary fay
the period and in the manner as fixed by the specificationp, and to secure the 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 contractor 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 person 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.
And it is further agreed by and. between said parties 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-
ions of this contract, nor shall it r lease said contractor or the sureties on his bond for the faithful perform-
ance thereof; nor, shall 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 materials 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; ai;d the city may reserve out of any allowance made on any estimate
in favor of the contractor or 1--= assigns, or out of the amount due hini or his assigns upon the completion
of the work, so much as ma3 cessary to payall laborers or niateriat men for amounts due them for .
work done or materials used or :urnished to be used is the performance of this contract and the doing of
said work, and the county treasurer, acting as city treasurer, may retain money collected from property
owners assessed for Maid improvemmd ,to pay ,suuch debts or until the contractor shows that they have been
paid pr satisfy
_e co..t a c- dances to reirto all rubbish, earth, and unused material in the streets or Sides therw"
Upon the completion of the improvement or the repairing thereof.
The work of snaking s+tch improvement shall .be completed according to the terms of this contract on car
baforethe... ...... ... .... .. ..._._._..:---- ----- clay of--------- ----------- ------- __.__------- -- ----- 19...,
ttnlees the time for the completion of the say -e shall be extended in writi-,g by the Board of Public Works.
And it is agreed that any such emcw1ion of time, or any alteration of this contract or of the manner or meth-
od of doing ouch work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
ties,
It to agreed that the contractor shall not assign this,* ract, or sub -let the work or any part thereof to
be done hereunder, withoi,t the written cons:-nt of the board of Public Works.
It is further agreed and stipulated that t'-4-t contractor shall give to residents of said city and coonty
preference in the employment of all labor necessary in the performance of this contract, and failing to do p),
-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
° erfuriiied by said contractor the said city agrees -to cause the cost of doing such work to be assessed, col-
lected Paid paid to said contractor in the manner fixed by the statute governing the making of such improve -
To arch of the Conditions and stipulations of this eonfraet, including all and singular the. provisions and
tetin s ®# the planes profile, speeifioations and resolution aforesaid, the undersigned binds himself or itself
anti they, rt-pective .,successor or assigns - of such parties.
Its Testimony Whereof, We, the foregoing named parties, hereunTo -
set our hands this 1 th. day of October 1922.
CITY OF SOUTH BEND, INDIANA. L. H. WEBSTER Contractor.
ER TgFH NER
Its toard of Public Works.
509,
That, we----------- L . __H.---...................
.........................w .-
Webster W
Sx,_. Jsssssp ,
of the Co.i;ity of-._-_.. 3 , State of_$a� , as ptitzei
d Idemnit Com �n
pal, nud ....rQZd-A£lSS'�Ae_ $�li'1 - - --7-------- p --$
ofthe County of--------------------------------------------------------------------------and State of ........................... ............. ......................
....a
43sureties, are held and firmly bound to the City of South Fend, Indiana, inithe sum of .... F;Lva._...h=duft and
keen --•------ -------------------- -- ($ 518.00 ).
...E �......---=------------------------
'-- .Dollars
for the payment of which, well and truly to be made, we jointly and severally bind oursclvcs, o,.;x Lcirs,
executors, adminstrators and assigns, firmly by these presents.
The conditions of the obligation' are such that if the above named ....... ........ ..-�.. ..._....._.....:...
i er.......... .... _ ----shall faithfully comply With thg j®regoiaff contract,
made and entered into the -.--..... -- th ___�_ October 1922,
-Z - - -___ dayy of. - ��A�:.axR:xP.xx
with the City of South Bend, Indian? and shall ftiffill aff the conditi®his �tbd*etipi�l��i®�s th@reii! @�lil&�ilt�tl,
according to the true intent a:, d znea,i°ng thereof, in all res, --ts, then this obligation to be void, otherwNt
to be and remain in full force and virtue in law. In the evc the said City shill extend the $lme for tha
eom lotion of said work, such extension rhkll not in any way release the sdreties on thlb bond.
This shall be a construction Mond, and the sure `zes on the same shall not be held rnpondbU fQr the
mRintenance and repair of the improvem.pnt after it has been accepted by the second party, but sueh guretles
shall be held responsible for the fait'-tul compliance with all other conditions, stipulations and requit moats
covered by or set out in the-contra,,t.
WITNESS our hands and seals'this,.,.......... 1.7Aa—%,_.._,day oL............... OLclob-ai-a-922... t�._......_.
------------
..._.-.�..L,.....S.y..INTEB.S.TER............................(SEAL) ....xCO -
�r
The above bond approved this....-..-...L,B l,h... day Qt Ooto:b>er ,.1-922., !D._,.... ,,
SLAUGHTER
--------- P- HARDY
Board of Public NVorits,,
The following petition presented and approved by the Board.
South Bend, Ind.,
Oet. 1801922.
P E T I T I 0 N.
To the Board of Public Works of the City of South Bend;
Whereas, the Engineering Department of the Oliver Chilled Plow Works
has recently re -surveyed Oliver's Second Addition to the City of South.Bend for the
purpose of setting lot stakes, and whereas it was found that improvements constructed
on Walnut Street and Arnold Streets in said Addition do not conform to the original
Plat;
NOW THEREFORE, you petitioner does submit for verification and approval
an amended plat of said addition showing corrected dimensions of lots in said addition
and the location of improvements constructed on said streets and does request that said
amended plat if found to be correct be approvad by your Board for record.
OLIVER CHILLED PLOW WORKS,
JOSEPH D. OLIVER, Jr.
Treasurer.
APPROVED, subject to satisfactory blue print being filed.
Oct. 1891922. L. B. SLAUGHTER, Pres.
Concerning the Improvement of the roadway of alley westof William
Street from Wayne Street to Division Street with asphalt, asphaltic concrete,
concrete, or brick in pursuance to Resolution No..1059 th*sBbe .nf tha :d&ti*tset for the
making of the preliminary order designating the kind of pavement, the Bo-,.rd at 10:00
A.M. Tuesday October lath., 1922 publicly opened ream and considered all bids, and then
continued their meeting to Wednesday October 18ty., 1922 at 7:15 P.M.
Now on last named date the Board designated Aephretec asoliheeklnd of
pavement with which said street is to be imroved with and fiyes the 28th. day of
October 1922 at 10:00 A.M. as the time when petitions for changing the kind of pavement
must be filed, and the Board hereby continues this matter until the 28i,h. day of Oct.
1922 at V0:00 A.M. on the day above named the Board will either pass on petitions let sa
said contract or reject all bids,
L. B. SLAUGHTER
Attested BOARD OF PUBLIC WORKS. L. P. HARDY
Veronica C. Sweeney ALBERT F. HONER.
Clerk of the Board.
Dated this l_6tl., clay of Rajober 1022.
S
510
Wedn.esdLsy October 18th.. 1ed.
I y ,
Matter of H. L.q Davis Construction Co, completing the 16th. Street
grade, curb and walk improvment contract vms taken up with Ur. Davis and
the Board ordered tkat this contract be completed as soon as possible.
$ --- ---
,
Attested:-
ident.
Clerk of the Board. Pre