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HomeMy WebLinkAbout01/23/1923 Board of Public Works MinutesBoard met in regular session at 9:00 A.M. All members present. Petition filed for pavement on Miner Street including inter - 'section of St. Peter Street. same placed on file to be held up until St. Peter Street is ordered paved. a The folldwi�ng assignment of the Williston Construction Company was approved by the Board; South Bend, Indiana., } January 22nd.1923. 1 In consideration of the payment by the City of South Bernd 'to, ths undersigned, the Williston Construction Company, of the sum of Three Thousand four hundred twenty-four Dollars and two cents ($3,#24.02) the undersigned Williston Construction Company, hereby sells and assigns to the City of South Berl Bend, all rights, liens and claims of every kind and character that they may have against the Chicago, hake Shore and South Bend Railway Company, arising out of or in any way connected with the improvement of La Salle Avenue in said 'City between the West line of River-Brtdge and the West line cf'Main Street, under Improvement Resolution No. 1002 of the Board of Public Works of said City, it being the intention by this assignment that whereas a controversy exists between the City of South Bend and the said Chicago, Lake Shore and South Bend Railway Company as to the liability of said Railway Company for any part of the cost of said improvement, and the City of South Bend having obligated itself to pay to the Williston Construction Company the amount Blue and assessed. against .the said Chicago, Lake Shore and South Bend Railway Company, the said City is now by this assignment substituted to all rights of the said Williston Construction Company and entitled to all rights that they -may have against the said Railway Company for the cost of aaid improvement. APPROVED WILLIST09 CONSTRUCTION COMPANY BY E. A. COATES, .JAN. 23,1923. Pres. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Communication received from C. M. Baker, Gen. Supt of the Postal Teleg. Co. acknowledging receipt of notice to remove poles off of Lincoln Way East and place wires underground. Same readrand placed on file. Communication received from J. M. Peterson requesting Boulevard lights on Cottage Grove Avenue. Same read and placed on file and Clerk instruo. ted to notify Mr. Peterson ,that boulevard lights may be installed where the residents pay the difference in cost over the regular lighting system. This has been elope in many sections in the City. The lighting appropriatin is scarely sufficient to care for necessary lights without oranamental additions, It is the policy of the Board of Works not to install boulevard lights in residence districts, Excavation bend for the sum of $1,000.00 of Claude Holden approved. Petitions received and placed on file for consideration after February lst., 1923. Macadam pavement on Tenti Avenue from Lafayette Street to Iroquois Street. Pavement on Ohio Street from Carroll Street to High Street. Petition for sewer on Marine Street frft Calvert Street to Bowman Street. Resolution ordered. Representative of the Sinclair Refining Company appeared before the Board and took up the matter of rounding off cornerof Prairie Avenue and Dubail Avenue. This matter referred to the City Engineer. ., 1923. Continued. The following communication received read and placed on file. January 20th.,1923. Mr. L. B. Slaughter, Pres. Board of Public Works, South Bend, Indiana. Dear--8r. Slaughter: - it is time to publish the annual report for the year 1922 and in connection with the report of the -Board of Public Works I would like.to have you prepare a statement or recital of the achievements and accomplishments of the Board of Public Works for the year 1922. If you can have this done in the neat three or four weeks I will appreciate it very much. FILED Yours very sincerely, JAN. 23,1923. EL,I F. SEEBIRT, Mayor. EFS:FCH. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. The following bond and contract approved. PUBLIC IMPROVEM E9T CONTRACT. This Agreement, Made and entered into this 19th. day of -January 1923 by and between George Pontasrelli of the County of Cook and State of Illinois (hereinafter referred to as. the " Contractor"), and the City of South Bends in the County of St. Joseph, and State of Indiana, -by and through its Board of Public Works, (hereinafter referred to as the " city")s under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 691905s and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to oonstruct Trunk sewer in alley East of High Street, High Street. Fairview Avenues Irvinggton .Avenue, Eckman Street, Oaikside Street and Woodside Street All in Weidler s 2nd. Addition to the City of South Bend, Indiana at and for the following prices: 1005 lin. ft. of 24 inch vitrified pipe per Air lin ft. $4.50 340 lin. ft. of 22 inch "" per lin ft. 3.75 310 lin. ft. of 18 inch "" per lin ft. 3.550 1750 lin. ft. of 15 inch "" per linft. 2.50 2120 lin. ft. of 12 inch "" "" per lin ft. 2.30 630 lin. fto of 10 inch per lin ft. 2.20 1459 lin. ft. of 8 inch "" per lin ft. .80 3530 lin. ft. of 6 inch conduit' pipe per lin ft. 1.00 241.6 lin. ft-. of manholes per lin ft. 8.00 60 storm_watergrates, each 9.00 21 manholes curbs and covers,., each 18.00 maid to perform all work in the prosecution of said improvement under and according to the terms and coo, ditions of'Improvement Resolution Ro.' 1Q 4 ,Adoptedby:the Board of Public Works November 1$t.1922. ... and the plans, profile artd specifications on file in the office of the Department' of -Public Works, which: said resolution, plans, profile ai4d specifications are maize it part hi rdo€. as fully -arid effectually as A -copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of .said work aH proper . skill and care will be exercised; that he --'11 proner:7r �r' r,-3 r-.-o`^tall excavations and dangerous :places, and �,vill use all due and proper precaution to pre-vc2t injury to :ry person or pro^erty; that in the event of any injury or damage resulting from thfl w-)r'_ or re!; ­1+;-- from a^y matter.or thing connected therewith or arising therefrom, to any person or property, he rrill pay arm lio,:,.idate the same at his own expense, and as'- sum,e the liability therefor; and in the event of any clain or claims being made or any action or actions being brcaght against the city by-prson or on account of or grooving out of s-:d work or its construction, the said contractor will at his own expense defend the same, and cnll 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, payment or :judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of' the :pendency thereof, then any judgment rendered against the city shall be conch?sive against the contractor and against the surety an his construction bond, as to tb- amount, liability and other matters pertaining thereto. , !'c:.; ci ,tie ct1i:trac ur ag"reea to ma<<rain sui<L i ;lUre)-aeiltt:lt a_. � =1` .irs as rna_y be necessary the period and in the magnet as fixed by the sp eifica*ions, and to s€cvre `flie 4rafintenaxace -and repair ti-el-cc'. to file with t''_ie Board of P :blic Works a bond v.,Ath 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. si-ibject to the sar�ie liability to the city'ai-ld any o l er person for any injuryor damage to any persca or prop- erty in the sane manner and to the same extent, as is fixed in the last preceding paragraph covering the cola- stri;r.tion work. A -id it is .further agreed by and between said, part s that the acceptance of the work provided for i*7 th% contract, or the payment thereof, shall not a waiver on the part of th:; city of` any of the pr., v :5-- ions of this contract, nor shall it rAea_,e skidl c.:,~ toz or the sureties on his bo- z1 for the faithful perfol `t ance thereof; nor shall the acceptance be prib.,a f._ci evidence of the perforrnaiice of any provision of this contract, except to the extent of entitl;ng the contractor to the contra^t price the efor. The contractor •3.grees to pay for all labor and Materials used or furnished to be us@,.cl in the rlakii"n q), such improvenent and in the performance of this contract, « ieth�r done or furnished for hint, or his a?%-t't, assignee,: successor or subcontractor; and the city may rese ve e t of any rllo-rvapce made on any estimate. in favor`.of the contractor or I— assigns, or out of the �; .,ount t-iue hir or his assigns upon the con,pletioii of the w6rk, so much as may ^.cessary to pay all labore. s or ina teriar men for a. -mounts due thci l for work done or materials used or utnished to be used i=t the perforrr_.ace of.thas contract and the doing of said work, and the county trea.sstrer, acting as city tre: surer, r:^c?y retain Yiir�nc r col` 'led from prop,:rt_' owners assessed for said improverxeiit to I?`.y siEcl3. c'nl.ts or str;xif the cc;;.t,.ar'.or 4...v.,; that they have bt- paid or satisfied t> rt°rrl< ail ru::a sir, earch., and unused material. in the streztts or sides ti.iercoi l cn the corm 6e iii �f the it :)ro17em_:nt or the repa�ring t..her�of. f`l.r York of in';ir:g s i"'n impr vevnent shall be coinaleted according to the terms of this contract on �t Beforetile::__.__ __......-__:_...._i_____._:____-.._-___.:.- ------------ _------ ------ -----day of ----------- _.--_. 19..... un'ess thr_ time for tl!ti con17le`ion of the sar-e shall be e}_*ended in NvR:t :-.l by the Board of Public Works. Ar d it is ?y such e-ten°ion of till'-, or anv alt&-1,on of tl,s ccrtract or of the mainer or mein-� �cl cf doing such vr,>rk shall in no way affect the duties, obligar.or;s or liabilities of the contractor or his sure ti€is. It is agreed that the contractor shall rot -.ssign this r t. or stab -let the work or any part thereof to be. done here rider, t=ri;;,o:.t the ti :."'ell co _._ ,,r_ of the b,,drd cf P..b1;c Works. It is furi;ier i reed aird sti.pula`ed that t'-,� contractor shall give to residents of. said city and coin,+y preference in the ernplo,vm .r!t of all -labor ntc�ssary in the performance of this contract, and failing to coo so) shall forfeit to the city the silni of ten dollars for each failure to observe this stipulation. And upon the perfori-nancr, of all the ternis and conditions 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- lected and paid to, said: contractor in the manner fixed by the statute governing the making of such improve- �ae�its. ' To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specificatilons avid resolution aforesaid,; the uw1crsi,gned:binds himself, or itsel'; and the ru vvpcctive successor or s si�Tns of s+;f h i,.a:.-[ies, In Testimony Whereof, We, the Foregoing named parties, -here unto set our hands this 19th. day of January 1923. CITY OF SOUTH BEND, IrNDIANA. GEORGE PONTArelli BY L. B. SLAUGHTER Contractor L. t. HARDY ALBERT F. HONER Its -Board of PublicWorks i .., 01 € .rn by LE: --se presents. That we..____- - --- -... G!t1 y,4 FOntare ll i ... of the County of.......__ Go®k ----- . Illinois PM a1�! ...................... t In Compa n the Gour�ty o£.._.._._ _..- .k-_ - ----and State off..... IsLI :IA1--- „a,.s„ss a@ sureties, are held and fifmly bound to the City of South Bend, Indians,, in the gtua -.-TXAIYA i,housSA PiY* Aundred sUxV ai 4t_ _-p----R-,- -=_--��i � 12, 569. C�1 for the payment of which, well and truly to be made, we jointly and severally bh1 l ..; 4t _aNei Eton, admiAstrators and assigns,. firmly by these presents. The, conditions of the obligation are such that if the above named,,.��yy�,��„�,�� Goopge--P4na-r--e-11i---------------------------------_-----_---wall faithfully comply with the foreg Contract, made and entered into the------------------- -19 11-9 .------ 'Jay of ------- ---------fir ng9jX!,y 193 .2.. ..a..,..�.,..., with the City of South Ber_d, Indiana and shall fulfill al the conditions and stipulations therein eontaln@d, according to the true intent and mea,ling thereof, in all resp cts, then this obligation u b,; otharwig@ to be and remain in full force and virtue in law. In the eve._' the s?id City shall exi+•zid the time ice lhf, completion:of said work, such extension shall not in aiy way release the sureties on tans bond. This shall be a construction bond, and the sureties on the same shall not be h( let tzz�paagiblC for the maintenance and repair of the improvement after it his been accepted by the second I.1 r typ beat Bitch gnretlem shall be held responsible for the fait'-ful compliance with ;,It otter conditions, stipulaf ioi is atid e nlg' t=t iif curcred by or set out in the contract. VVIT14'L.SS .nu• hands and seals this........... agth............ day of .. ...... ........�8 (SE...�.....�.� ,,....,.,---(SEAL) AL? — _ -------------(S AL GLOBE INDEMNITY COMPANY _-...__e �(S EAL) The above -bond approved this._. ...,.. day o .._ ......._ gnugY,y---IT23. -... �. L. B is SLAUGHTER ., I; P. HARDY Boarct of V16lite wa r Power of Attorney from the Globe Indemnity Company attached and made a part of the file'en the above bond and contract. 61�J Claims were approved as follows: - City Watei Mofks $854.78 City Water Works 2.85 News Times Prtg. Co. 70.50 The Herr & Herr Co. 2.65 Peterson Prtg. Co. 33.00 Attest, •- Clerk of Board. Pres dens.