Loading...
HomeMy WebLinkAbout12/12/1922 Board of Public Works Minutes59x6 Board met in regular session at 9:00 A.M. All members present. , d A Geo. A.. Davis, Commissioner �ofRldr-s, appeared before the Board and pegu.ested permission to close the .first; alley to the north of 629 South Carroll Street for one half block north for,,a period of Ninety (90) days on account of. Building operations of Il. Inglewright. Same granted. H. D. Wertz of the H. D. Wertz Plg, & Heating Company appea appeared before the Board and requested permission top_ut sawer in alley_off of rm Harvey Street from Blaine Avenue to alley. Peission granted -to H. D. Wertz to place sewer in alley north of Harvey Street from'Blaina­Av.aN.ue t,o _lst, alley with provision that a proper ma4hole `:bs placed,.. Same to be put in under City Engineer's supverision. t This being the date set for the deferred hearing on assess- ment Roll and final estimate for. Sheet Asphalt pavement on La Salle Avenue from W. end of River Bridge to west dine of Main Street,, under Improvement Resolution No, 1002, In the C-11V of South Bend, Indiana. In this matter the Board decided to defer 46- d--hearing until Wednesday December 13th.., 1922 at 7:15 P.M. . F d W Kelly s e r d b f re th Bo d a d re. ues e Dayton Street and Mi on reef from LURr� our �'o Marine �iree be �aca e , also Randolph Street from Mumford Court to Marine Street andthe'vacation of the west 36 feet of M-umford Court,, from Calvert Street i�o Dayton Street. Resolutions were ,ordered,prepared on above request. Bona and contract for grade and curb on Mumford Court from Dayton Street to Calvert Street was approved by the.Board and Fred W. Kella Keller requested that this improvement be held up for the present time. PUBLIC IMPROVEMENT CONTRACT. This Agreement made and entered into this 12th, day of December 1922 by and between Whitcomb & Keller of the County of St. Joseph and State of Indiana ( Hereinafter referred to as the " Contractor"), and the City.. of South Bend, in the Counter of St:, Joseph, and State 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 Sssembly of the State of.Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 611905, and all amendatory and supplemental acts thereto:» Witnesseth, that the contractor coven- ants and agrees to constbuctigrade and curb on Mumford Court from Dayton Street,, to Calvert Street, under Improvement Resolution No. 1071, in the City -of South Bendylndtami at and.for the following prices: 845.1 n. ft. of curbing 6" X 7" X 16" per lin ft0,903,35 1648 cu. yds, of grading per eu. yd.,,,, .60 and to perform all work in the.prosecution of aaid improvement under and accordjV to the -terms and ce ditic s of Improvement jZes6htfidn No....�7opted byih3oar8 P�zblic of s.. ���+• 10,1922 attd the plane, profile arid' 4pecifications on file in the office of the a aa.-tment.e 1?ublic Works,. w ee said',, t t utton, Plans, profile i'drd;speAcations are made a part Sereof as-duilyapS-4effectually as ;if-��led and set out herein at full length. The contractor further ex pres* covenants and- agrees -that in the prosecution of salt' work all proper skill and care will be exercised; that he --rli proper'.zT -•-rd and p_ o*_^_ct all excavations and dangerous places; and i„rill use all due and.proper precaution to prevent injury to ,ry person or property; that in the *veut Qj any injury or damage resulting from the Nv?r'._ or resulting from any Yratter nor thing-connecf_ed theFewitft or arising therefrom, to any person or property, he i-011 pay ar<l ligl date the same attlis-own�cpense; and, as- sume the.liability therefore and in the event of any claim or clairisbeing-made-ar any atf dn�& —a tions being brought against the city by.reasan or on account of or.growingontof s-.idNmrk-tor its in su lon, the saic' contractor wilt at his own expense defend the same, and vrill pay auy judgment redbvered-f&rhein, and will in all respects fully indemnity and -save harmtess said city, its officers, agerdsor- ftpresw-€€al'ves *orn alf cost, expense, payment or judgment recovered in connection with su fl claim or a aim�yst {fln er iftfion4. An4 if within -ten days after any such action is begun. the city shall notify the contractor --of the ptrndency thereof,, tbtn any judgment rendered against fhe city shall be conclusive against the contractor and againsfthe surety on his constructionAcmd, as to-fhv amount, liability and other matters pertaining tbereto. Tuesday December l2jth.,1922:. Continued t=:;)a :lie co,_Tra6 ox agrees -w ii.a; ;=sin saiu iL , .o ai:ent a .a ,_;ale such repairs as may be necessary foi the�per od atad in thetzxa;.ner as fixed by the specifications, and to secure the maintenance and repair thereof to ;file with 6e 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 subject to the sarrc liability to the city and any other person, for any injury or damage to any pers,)n or prop- erty inthe same manner and to the same extent as is fixed in the last preceding paragraph covering the con,- structton work. And it is further agreed by and between said part�.es that the acceptance of the.work provided for in this contract, or the payment thereof, shall not co .stitute a waiver on the part of the city, of any of the provis* loos of this contract, nor shall it rzlea ie said ccntr ctor dr the sureties oit his bond for the faithful perfprm- a.tice 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 pri"ce therefor. 'The contractor agrees to pay. for all labor and materials used or furnished to be used in the making of such improvenie:tt and in the performance of this contract; whether done or furnished for him, or his a:gtnt, assignee, auccessor. or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or 1`� assigns, or out of the aniount due him or his assigns upon the completion of -the work, so much as mat cessary to pay all laborers or material men, for amounts due thein for. work stone or materials used or "urnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city .treasurer, may retain mi�nt:y collc:;ted from property, owners assessed -for said improvement to pay such debts or until the contractor sows that they hate been paid or satisfied _ earth. and unused material in the streets or sides tltereot aeon the co:r'ple,; za of -the improvetn at or the repairing thereof. - The work of making such improvement shall be completed according to the terms of this contract on ov, before the------------------i------------------•-•- -------------dav of 9...... ur. ess the time for the completion of the sar-e shall be extended in w=_ti.:g by the. Board of Public`Worlps, And it is agreed that any such extenGion of time, or any alteration' of this. -contract or of the mariner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure» ties. It is agreed that the contractor shall not assign this ��,r act, or sub -let the work or any part thereof to be done hereunder, wifhotlf'the writ. -en co-.:: t�:t of the fs.,a.rd cf Prhlic Works. It is furth4gr agreed and stipula`ed t'­tt *'-3? contractor shall ,give to' resMgnts of 'said eity and cotl;r+y preference in the employm -bt of all labor necessary in the performance of this contract, and'failing to it-) soy' shall forfeit to the city the"o..am of ten dollars for each failure to observe this stipulation._ And upon the performance of all the ternis and -conditions of this contract, and things to be done aijd performed by said contractor the said city agrees to cause 4i1 cost of doing such work to be ass sscd, col lected and paid to said contractor in the manner fixed 6V the statute governing the. making of such improve- Le:zts. To each of the conditions and stipulations of this ontract, including all and singular the. provisions and terr,is of the plans, profiie, specification and resoluti aforesaid,.tho undersigned bIhids hiinself bi- it c and the r=r• pective successor or assi„',=s of such pa t ee. In Testimony Whereof, We, the foregoing hawed parties, hereunto set our hands this 12tho day of December 1922o XHITCOMB & KELLER .CITY OF SOUTH BEND, INDIANA. BY F W. KELLER, Pres. BY L. B. SLAUGHTER Contractor L. P.-HARDY ALBERT F. HONER Its Board of Public Works, CON57MUC. T ION BOND nc,�v 03 r L7' tltc o That we ............... h1. tin I L2" of ilte County of...�...............•---------£s#t: - jogs Ph, State of.......,. •��# �w„«.,� ��� fig pawl. — pal, rmd ........ ..Sx demnit�y T�r�. r n�a �C4 i � of tits County of... .... .... .-...... __....W. __._------_..__ end State of...».. n§ §uretles, are held and firmly bound to the City of South Bend, Indiana.; in *0 sttm -.----lira ]I►ln �N������ - w +A�� .w.-. �. �. WN 6 - for the payment of which, well and truly to be made, we jointly and sev*&Ilk toad cl�r�stvse, � � �:.:=t sy,mutors, admihstrators and assigns, firmly by these presente. ' The conditions of the obligation are such that if tho above name _..shalt faith.uliy col-u sly With tixe iokegolttg tolAtlr@@tj made and entered into the__--•-------r__siX1.11----- -_----_. with the City of South Bere, Median? and shall fulfill air the conditions and stipulationa thsreln @otnt&ifl4 according to the true intent and tnea�i r:g th eof; in all resp-.ts, then this obligation to be void:, othdrwi§@ to be and remain in full force and virtue in law. In the eve; , the said City shall extend the dfdd f®r the completion of said work, such extension shall not in any release the sureties on thin hand, This shall be a construction, bond, and the sure `ies on the same shall. not be held: respon§ihld Mr th@ maintenance and repair of the improvement after it has been accepted by the second peaty, but §ueh shall be held responsible for the faithful compliance with all other conditions, stipulation§ and r@ejulrsfff@fit@ covered by or set out in .the contract, WITNESS our hands and seals tlt►s,�eceSilb @r 1922. WH.TCMa-&—KELLEB ............................SSE 1L) I . I_ ' R CO. _OF fw . :. N RTH DA BY F. W: KELLEB Pros . w_..Uo 9t- -i.d+ s At Larney,� " fv to The above bond approved this .... ..........-121ph ---..,.....,...�v_ ci=_.,.,_.,...�.....De e.emb er I. Q ......: - ,�....._. Ii• B . SI,AU GHTEP. - L. P. HARDY Board of Public *orl* Remonstrance filed against sewer onMedora Stre4t from Keller Street south two blocks to'alley. Grade approved on Grant Street from Prairie Averne to Calvert Street. Request by Couneilamn Geo. Hull for - a small light on Blaine Avenue at intersection of Lincoln Way West received, read and placed on file, Complaint about a pole and guy*ire at 627 No. Hill Street' -reported on as follows by Inspector. This i - s a telephone companypole and guywire. i and both pole and-guywire should be reset to the east side of the alley. The fence has been removed. Report approved, -Contractors bond for the sum of One thousand ($1t000.00) Dollars signed by Hay -Weaver Company was approved. Occupancy Bond for the sum Of Five Thousand ($5,000,00) Dollars filed and approved for the Hay -Weaver Co. as principal and_-Americafi Surety Co* Building Commissioners report for the month of November approved, Renewal certificate of Louis S. Niezgodski approv6d'#_ Petition. received and referred to the pole omd wire inspector in regard to the remova l of a telephone or light pole at least 1.�on.feot from its - present position at entrance to alley oppsoits ,Keller Street running east from Portpage Avenue and the round ng off of the corner tQ_curb as described in drawing Same refused until alley is opened full width, Report of inspector can request for three boulevard lights placed- on East Wayne Street if the arc light is to be removed. I The arc light at the alley east of the central Fire Station to be reset to the North-east corner of the Fire station would cost about $75-00 would replace this light with five boulevard lights* T. H. mBeaning. approved Dec. 12*1922. BOARD OF PUBLIC WORKS Board ordered a five light cluster plaedd at BY L. B. SLAUGHTER N. E. corner of Wayne St. and St. Joseph Street President. near fire station. Inspector recommend6d that a 100 C. P. light be placed at the alley crossing one-half block west of Michigan Street -on West Elder St, -The-following warranty deed -Was -approved. WARRANTY DE -E Do This Indenture.Witnesseth,, That Indiana Title and Loan Company a Corporation, by Francis M. Jackson, President and Earl W. Jackson, Secretary of St. Joseph County, in the State', of Indiana, C ONVEY AND WARRANT. To City of South Bind, of St. Joseph County, in the . 'State of Indiana its heirs and assigns, for the sum of $1900 and other valuable consideration the following Real Estate, in S Joseph County, in the State of Indiana, to -wit: A part of lots twenty-six (26) and twenty-seven (27) in Portage Heights.A6dition to South Bend, Indiana, bounded by a line running'as follows* via: Beginning at the south east corner of said lot nUmbered Twent -six (26) and running thence welsterly on a twenty six (26) degree curve to the right# three hundred ten (310) feet to a point seven and one half (7�) feet northeasterly from the original northerly line of Rose Streetp,thence on &,thirty- three degree and Forty-eight minute (33*-48t curve Fifty (50) feet to the intersection of the northeasterly line of said Rose Street as originally platted, thence South easterly on the original southwesterly line of Lots twenty-seven (27) and twenty-six (26) in said Portage Reights Addition tothe-place of beginning. And Covenants for itself, its successors and assigns it is lawfully seized of the premises I has good right and convey.the same and,guarantee, o-sthe .quiet psession thereof, that - the same are free from that it will Warrant and Defend the Title to thesameagainst all lawful.claims, _ - eember 12th,p1922. Continued. I In Witness Wboveof, said Corporation bees caused these jr-resents to be signed and its corporate seal :to be affixed thereto this 1.11h. day._of _December _A. D. INDIANA TITLE -AND LOCAL COMPXMY BY FRANCIS M. JACKSON President. BY EARL W. JACKSON,Secretary, o a, STATE OF INDIANA, ST. JOSEPH COT„TNY, SS, _ Before me, the undersigned, a Notary Public and for said said County came, Indians Title and Loan Company, a corporal,ion, by Francis M. Jackson President, and Earl W. Jackson, Secretary and acknowledged the execution of the above dead. o N Witness my band' and Notarial Seal .Chin llth. day of December A. D. 1922. MAY C. MOON My Commission ex ices Feb, 10*1925. notary Public ( SEAL APPROVED Dec. 1201922, BOARD OF, PU_ B%IC WORKS BY L. B. SLQGHTER President... Proposition submitted by the Builder's Agency for material for City Hall entrance seeps , South Bend, InD, We propose �o furnish.Ferdulum Stair Treads completely installed for the sum 6 Three hundred and twenty Dollars j-0320.Q0) 1 tread 8' St " X 12" (tiro Ras.) 1 n n 8 t 81 +► X 13,318" n 11' 1�" . X 1I-'3l8" n n 3 n n 1116. X. 13,�3�8" n n 1 "" 13131�7,/8" X 13„311/8« "" with return ends, for bottom step. Abo-i.te treads `to be Ferdulum SJryle "A"' " thick with 2" nosing Tobe completely installed in a.workmanlike manner for the above sum. THE BUILDER'S AGGENCY BY W. W. RIDENBUR The above bid filed and action nxt deferred until Wednesday December 13th., 1922 at 7:15 P.M." _ The following resolution adopted. COPY OF VACATION RESOLUTION NO. 70,1922. Resolved by the Board of Public Works of the City of South Bend, Indiana: That it is desirable to vacate the following:- CHANGE IN LOCAMION OF PART OF ROSE STREET. The southerly part of Rose Street between Blaine Avenue and Kessler Boulevard;.Bounded by a line running as follows, tis; Beginning at'the northeast corner of lot 25 in Portage Heights Addition to South Bend,.Indiana., and running. -thence westerly .10°-12' curve to ther.ight a distance of eighty seven and six tenths (87.6) feet, thence north westerly on a 14' curve to the right ,_s- distance of three hundred ten and seven tenths (310.7) feet,; the,same being parallel with and. sixty (60) feet from thenortherlyline of part 66 be taken off.of lots 26 and 27 for street. purposes, thence northwesterly on approximately a 100 curve to the left a distance of forty (40) feet more or less to the intersection with.the originally southeast line of said Rose Street; thence southeasterly on the originaly southerly line of said Rose Street to the place of beginning. - by such vacation: The following property may be injuriously or beneficially affected Lot 24 Portage Lot, 25 " Lot 26 " Lot 27 " Heights Addition Owned by William A. & Gladys H. Berta n n n n n nn Indiana Title & Loan Co. n n n nn n nn Notice of this resolution shall.be published on the 21st, day of 21st. day of Dec. 1.922 and on the 28th`. day of Dec. 1922 "in the South Baud Daily Tribuen and . -News Times; This Board , at its office in the City Ball on the. l7th", day of aan. 1923 'at 7:15 P M. will hearand receive remonstrance's from all persons .. interested in ca►D affected by these proceedings. Adopted this l2th. day of December 1922 L. B. SLAUGHTER BOARD OF PUBLIC WORKS L. , P. HARDY _ ALBERT F. HONER Attest.- Verohi.ca-C. Sweeney Clerk of -Board. ,. The following claims approved. News Times $45.60. News Times 84.75 So. Bend Tribune 2.1,08 City Water Works 3.58 Burroughs Addildg Machine Co. 24.43 Otto Bastian _. 340 . Joseph A. Luther 1.10. Goo. Fish 2.0.0 The. Herr & Herr Co. 1.90_ F. C. Reimold.Co. 2.85 McClave Prg: Co. 21.00 Chas Armstrong _275 Elliott & Elliott 25.00 Bugbee & Schock & Jackson 113.00 W. R. Hinkle � 17.34 The Ind&pnn0eAI-3TaAkrLine . 39.10 Peterson Ptrg. Vo. 38 .00 W. H. Carlin 39.35 G. E. Meyer & Son 1.55 So. Bend Supply Co. 11.10 Dan R. Lonts & Sons 20.35 Gafill Oil Co. 15,14 > W. A. Slick 296.49 W. A. Slick Treas., 19971.48 New York Central Ry. Co. 2.00 Attest: - Clerk 'of the Board. Press ent.