HomeMy WebLinkAbout08/26/1919 Board of Public Works Minutes136.
Board met in regulai session at 10: 00 A.M. dr. G. A. Elliott
abaen.t. Mr. H. P. Rostiaer Vicar Presidon.t Acting President.
The Board instructed Clerk to notify David Westburby of the
W. H. Burke Plumbing Company to be present at the n*xt regular meeting August
27th.91919 at 10:00 A.M. tQ take up matter of repiede.ljxg hattir;g for new room in
office of the Board
The Board instructed the City tnginear to have the Contractor
ropy** 4n.y defective curb along Olive Street at once at the same price bid in
co4tract`,for the Olive Street pavement improvement*
The contract for Trunk Sawar o� Diamond Avenue wader Improvement
T n toproveme
Reasolut on No. 700 was awarded to L. g. "Mobster �t........... $27-690.00
<
The following communication
to the lett in.g of the above contract and same
nd agreements were f iled 6l regard
re approved by the Board,
- t>
August 25t1a. ,1919.
Witcomb Keller, <
South Be d, Indiana
Gentlemen:"
I am herewith enclosing contract for L waiver for filing before the Bead
Board of �Publie World in, the matter of the Diamond Ave$us Truak Sewer System under
Res#lution No. 700..
I fool very cure that if your firm will execute this waiver and file
vlte same bsf'ore the Berard of Public warka, and titat if the work is thereafter done
that youf will be *stopped fro :;aestioxixg the legality of the ass*ssmen.ts because
of the defects referred" to in the waiver.
It has Veen held 1h Zorn vs Warner SchLarf, etc. Co. 42 Ind. App. 213;
Men.zi*. vs Greensburg, 42 Ind. ;App. 6r; and Ross vs Stackkauso,114 Ind. 20- that; k
the matters of aeceptissg or !re ject iugbide, and letting the contract are purely adch
administrative in +aractor; and that if the stIlity
ute is not followed in then*
particulars that the contract is not void, but merely vendable, and that- if the
property owners stabd'by and consent to the makg of than improvemexts that they
are hereafter estoppod from question lag the lethereof.
Th.*re are many otbh�!r Indiana authors ies to the sate affect that where
& propert<y owaer consents to the making efl an Improvement and wkere tke contractor
spends a large amount of money in the making of tke same add he makes the improvement
without any objection from the property owner t .rat he car, collect the assessments.
I herewith enclose the contracts w.h ch you requested,
YOURS VERY TRULY,
ELI F. SEEBIRT.
THIS Agreement made by and between Whitcomb & Keller, a Corporation
with its prinic ilsal office in Routh Bend, Indian' arty of the first part, and Leis
H. Webster of South Bend, Indiana, contractor, nasty of the second part, Witnossetk:
Whereas °the Board of Public Works of the City of South Bend, Indiana
has entered into a contract with said a ontractor i whereby he has agreed to construct a
sewer in said City known as the Diamond Avenue Trunk Sew vvt System under Improvement
Resolution No, 700.
And Whereas said party of the second post was the Only bidder
for said work and that his bid was slightly aa,bovo th,� estimated of the nest of said
cork as filed by the City Enginert, and said cont�actor after filing his bid reduced
the same so that it was equal to thn said estimate filed by the City Engineer and said
contract entered into between the City and him fmr the doing of , saa;id work at said
estimated cost:
And Whereas the said x)arty
of the real estate affected by said proposed imp
part greatly desires that said im-orovoment be ma
thereby.
Thereforein cons ideratio:d
said party of the second part and in furtker con
said work as required by : the resolution, px of it e
the first part hereby agrees that if any propert
improvement and assessed for the cost thereof sh
of any of their assessments by reason of the irr
tke fact that tke bid was higher than the engine
wards reduced, then the party of the first part
.second part or hid °atissigns; °the °amount of any su
tray legally avoid b.V 'reatson °df °said irregulariti
In Witness Whereof they ha,v
day of Au3ust ,1919,.
(SEAL).
To the Board of Public Works of
the City of South Bend, Indiana.
f the first part is the owner of most
ovement and said warty of the first
e as is property Will be benefited
f the entering into .said contract by
iderat ion of the performance of all
plans and specifications the party of
owner or owners affected by said
uld succeed in avoiding the .payment
gularities above deser ibe►d,viz;
3F1 s estimate, and that it was ,aa,fter--
grees that it will pay to the party of the
h assessments which any of said evvners
hereunto set their kends this 25th.
WHITCOMB & KELLER
BY F. W. KELLER, Pros.
Wkeroas the said Board of P blic Works of the City of South Bend,
Ind ia.nt, did, on the 2, day of 1 19 adopt a. resolution for the laying of
a sewer known as Diamond Avenue Trunk sewer system under Improvement Resolution No. 700
all of which proposed work is described in said resolution and the profiles, plans,
and spec ificat ions on file in the office of said Board of Public Works.
And Whereas said Board caused said resolution to be approved and
adapted and the City Engineer of said City caused an estimate of the Lotal cast of suck
work to be filed with said Beard, and said Board advertised for bids fo the c€n. struc-
t ion of said work.
And whereas Lewis H. Webst r was the only bidder for doing the same,
and that his bids was slightly above tka estimate as mtade by the City Engintaar, and said
bidder is willing to reduce his bid t o` the amount of the engineer's said estimate, and to
accept and sign a contract for the construction of said work.
Therefore we, the undersig ed, Whitcomb and Keller, a corporation,
and the owner of most of the reel estate affecte by said pr eposed improvement and su b ject
to assessments therefor, agree as follows, that In connideration that said Board of Publiu
Works shall let the eontraa•ct fear said inzproveme t to said Ihewis R. Webster at the estimate
made by this said City Engineer, :,nd incoriaidera ion that said work is done, we hereby
waive any right to object to the fact that said id was lowered or chang(-d after it was
filed by said bidder and we hereby waive . any and ! all objection to the fact that the
original bid was for an amount in excess of the estimated cost filed by the City Engineer.
ins
In Witness whereof said Cflrperati
corporate seal this 25th. day of August ,1919.
-W
TkeN above agreements were Filled
has hereunto set its named and
_ITCOMB K'FF LM
by W. Keller Pres,
i approved by -the. Board.
1a
The following bond and contract ppreoved
PUBLIC IMPROVEMENT CONTRACT.
THIS AGGREF111MIT, Made and entered into this 7th., day of August
1919 by and between Louis Zeiger of the County f 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") , undox and by virtue of an Act of the
General Assembly of -to State of Indiana, entitl d " An Act Concerning Municipal
Corporations. -approved March 6,190% and all am ndatory and su-nnlemontal acts theret
Witnessetk, that the contractor covenants and agrees to construct
_Grade, curb and walk on Dubail Avenue from Pra ie Avenue to X*mble Avenue, in the
City of South Bend, Indiana at and for the following pr ices: --
1330 lin. feet of curbing per 1 n it..............0.30
923 cu. yds. of grading per cu. yd.............*$ .80
6610 sq. ft. of sidewalk per sq. ft .15
1014.tagi 2:quivisod swiatuz iog4o put A-ijlgtq `�unotu, dJ 01 ss 'puoq uot3ona1suno ettl uo
41a.tt�s 0g1 Oufla t put .tolas.zluo2, ag;1sulv2s aAtsalouoa aq jj•egs to alp tsuitse paaapual Juaul;�pnl dux tr,•g1
'i;-A;Pg1 Ao p; Fri 1-41 10 .10#Zs»3czoa aq; XJ!Jou ijztjs A;to aql `un aq si uotpae gans due aa41-e sdsp ua} uitillm-
t P�'v 'stool av .10 uol;ry IiiLi sj.; so tzzztjo ;.,-ns g41,'A uot;aauuoa t paiano3aJ ;uaux2pnt ao 4uauu, '8d 'asu adxa
l§U,) lls tu0.t1 sanlJsluasa.z'das au s;ua9s 'saaoWo s4i -d4To pits ssa uzasg aAxs pure X11uuiaput dljnl goods2.t Ili
ul It m pug 'u;a.zstjl pasatxo a ivatu'Spn( due Ad jju_i put, 'amvs-a j pualap asuadxa uemo siq 1v 111tA zu4:Dvj1uoo
�51 gql. luopo;u. SL;03 e;l so :,a�,_. p �s 10 ;nc �iltlY.oiS ao ;o ��mc�- e uo ao t~osea.z Aq d}to aq4 zsu;e2v agSc.oaq
7;1Qq ®u0;1ag a0 U01ga1 due :, apeta 2u,oq sLuzaja io Luz:tea Xu-6 10 uaea ag; ut put'.zoraaag4 X4!11gtjj ag a+tixns
®g pull '4U.4dxo UAO q ;-e ;,J.�Fs aLi4 aft ptt> tj ,2 A� ci jt:. diq `Ai aadoaa ao 'uvciaad due o{ 'LuUa�elaag� 2ulujjv
ao q-IImaag%4 pa4aeuuoJ ulq; a0 .1z,44-CLU A: e Luoaj a0 : a rh vLj} raoal 2ul;jasaa 0L)L;W.6p .tU A.I6Ifu1 S"fv
I'sD Juana atli Ul Isga : A1a6eJ:,d z-o uosaad da : (:+ AL:nIuI Q-A;.Ia Q L opi: •eoaad aa,: Goad pwa ;rp j asn 1;,-„ pu'e
aasld sno.10"'Op pug suojasAs;)xa jjs ;; ,e._d p_ a do-5 i ._. aq -qn ! pasiaaaxa aq 1; =solo j., v jjl js
jodoad lie )1a0A% plus }o uot4naasoad ag; ui ;,eqj saa-e pLjp.;ft= aAoa Ajssaadxa aagl,zn; aolova4uoo d ,;
•glaual llnj ;s ulaaatj 1no ;as
pus paldoo 11 sx Allunjoaga pus Ajjn1 ve 1oax)q 4tsd -e apsut axe suotlsogloads put alUo,z 'susjd 'uotinlosaa
lts galq& ltnaotA allgnl 10 ;uatua -edaQ aql 10 aaujjo aq4 ui al uo suocl•eouglaads pue algosd `susjd ago pine
.`:" ="" ----- v lao& otlgnd 10 pxeog eg3 Aq pa;dop-e {------
--- .ox uo�nlosag 4ua1zaw03d1tii ;o $uOi;lp ,
{� IN11 stu�104 oq4 03 2utp.1033s pus aapun 3uatuaAosdtui pies to uognaasoid atp ul xxo,% ljt uxso3.tad 01 pttP
;}•�
f-K' ah.Ked 4114 in the. rdr.;I ner as fixed by the sn,ci'.?ca'-ions, aad W ser—re iae maintenance ana rep lr t
1-a � # with Vie Board of Public Worlas a bond -%,.th sufficient surety thereon and L. an amount as f -ed b,r
And in doing such repair work the contractor and the surety on his guarantee bond shall be
§1141ect to the fAme liablWy to the city and any ocher person forany injury or darnage to any pert i 1 or prop-
_ ` tfty ill the sfima manner and to the same extent as is fixed in the last preceding paragraph covering the con-
@tni liott work.
Atid it i6 further agreed by and between said parties that the acceptance of the work pro,40PA for ini elh
etmtrgat, or the payniont thHr4of, shall not constitute a waiver on the part of the city of atny of the pro N-
Julto of this auntract, nor shall it release said contractor or the sureties on his bond for thti fahWul patfo
tie thtyoof; tlor shall the acceptance be prima facie evidence of the performance W any provigign of this.
601AImet, exeept to the .extent of entitling the contractor to the contract price therefor,
`rite Contractor a race to pay for all labor and materials used or furnished to be used in the makir 0i
ghelh Juiproicement art in the performance of this contract, whether done or furnished for him, or hio ARAW, .
as i itee, tuattmor or subcontractor, and the city -may reserve out of any allowasnee made on ally 09'ti ate
{h fervor of *e twtractar 'or I`, assigns, or out of the amount due him or his assigns upon the aomP140
of tl t W06—, tl® r4d,�h as mr- cessary to pay all laborers or material men far arx aunt$ due tb4m fc
it €lone or materials usect .urnished to be used in the p erformance of this eontraet and th* "119 of
se4Fl ivdYMt tt d the twilttiy treasurer, acting as city treasurer, may retain money Collc44 fr*w 9t'ojie ty
id\vtwtf amtm,§d W said improvtment to }gay such debts or u the contractor shove that OW, have �N`1;
iilZd �P eati�l��d
T
139'.
set our
r, -a e,-r In. and un:;sed material in the streets or sides tsic r�.
upon the cornpie i the inzp�-o-cm .it or the repa;ring thereof.
The vA,ork of ma.l;ing snrh improvement shall be com6leted according to the terms of this contract on or
beforethe---------------- ----------------------•-------------------------------,-dav of --------------------------------------------- ------ - ---- 19..........►
un'.ess the time for the corn islet;on.of the sar-e shell b"Ioextended in w iti---g by the Board of Public Works,
Arid it is agreed that any such eaten -ion of ti»ie, or any alter,... *.ion of this contract or of -the manner 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 -ssign this contra t or sub -let the work or any part thereof to
be done hereunder, witho ,t the Y;r _en co rat of the Board of Public Works.
It is further agreed alj stipula`-2d ±hat `'% contractor shalt' give to residents of said city and county
preference in the employm:.nt of all labor 1 ec:-ssary in the performance of this contract, and failing to do so,
shall forfeit to the city the sun 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 the`iaid 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-
ments.
To each of the conditions and stipulations of this contract, including all and singular the provisions and
terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
and the respective successor or assi,ra of Shen ;tiarties.
IN TESTTVONY WHEREOF# We, the; foregoing named parties keraunto
hands this 7th., day of August 1919. °
LOUIS 7ET-GER
Contractor.
CITY OF SOUTH BEND, INDIANA.
BY HARVEY F. ROSTISER
JOHN F. DEHAVEN
Its Board of Public Works.
CONSTRUCTION BOND.
Know all men by these present
County of St. Joseph State. of Indiana as princ ipa
Cemp,aay of Hartford, of the Counter of Hartford an
are held and firmly bound to the City of South Be
Tkousand and sixty five Dollars (019Oei5 .00) for
to be made, we jointly and severally bind oursely
and ass'igns firmly by these presents.
eke c and it ions of the obl iga
Louis E. Ze iger shall faithfully comply with the
into the 2nd. day of August 1919 with the City a
all the c and it ions and stipulations therein cant
meaning thereof, in all respects, then this obli
remain in full force and virtue in law. In the
time for the completion of said work, such exten
sureties on this bond. '�•
This shall be a construct io
sb-&11 not be hold responsible for the maintenane
has been accepted by the second party, but such
for the faithful compliance wit1l. all other c and i
covered by or set out in the contract.
That we Louis B ° Ze iger of . the
and the Aetna Casualty and Surety
State of Connecticut as sureties
d.. Indiana, in the sum of One
he paym,ant of which, well and truly
s, our ks irs, wxecuters, . administraters
ion are such .that if the above named
Forgoing contract,, made and entered
South, Bend, Indiana and shall fulfill
ined, according to thrutrue intent and
Lt ion to be void, otb.erwise to be and
vent the said City shall extend the
ion shall not in any way release the
bond, and. `tb!e sureties en the same
and repair of the improvement after it
.reties shall be held responsible
.ons, stipulations a;nd requirements
Witness our hands and seals this 7th., day of August 1919.
LOUIS E. ZE iGER THE ANTNA CASUALTY AND SURETY CO.
Attest: H. J. COOK
R. C. Griswold Resident Vice President.
Resident Asst. Secretary. °
The above bend approved this 2utk., day of August 1919.
H. F. ROSTISER -
JO HN F. DEHAVEN
Board of Public Works.
STATE OF IND IANA
COUNTY OF MAR TON
Before me, a Notary Public, pers pally appeared H. J. Cook and R. C.
Griswold , Resident Vice President and Resident Ass istant 5ecretar y respectively
of the: Aetna Casualty and Surety Company, and executed the foregoing bond.
Witness my hand and notarial Seal this 2nd. day of August 1919.
-MY COI&ISSION expires October 9,1920. ROBERT H. ESPEY
Notary Public
140.�
uesdav August 2kth. _ 1g1q. Cantinueri
- I
Excavation band of Arthur V. Meyers for One Thousand Dollars
approved by the Board.
The following resolution adopted bIy-the Board.
VACATION RESOLUTION NOI. 51.19b9i
Resolved by the Bood of Public Wol ks of the City of South Bend,
Indiana: That it Is desirable to vacate the following River Avenue from -Arch Avenue
to firs3t alley south of Arch Avenue from River Avenue to the St. Joseph River as
shoves. or. the recorded plats of EdIg"ater Place A d it ion and Harper Court Add it ion
in the City . of South Bend, Indiana.
The following property may be injuriously or"beneficially effected by
such vac at ifln:
Lot 1 Edgewater Plate Addition.
Lot 4 nw nw »»
Lot 5 nw nw ww
.Lot 6 y» wn »n
Lo3t 7 ha Nw nN
Lot S
Lot .9 »a »w ww
Lot 10 NN wN nN .
Lot 11
Lot. i2 »w na »n
Lot 13 »N wN w»
Lot 14 nw ww wn
Lot 1 Harper Court Add it ion.
Loft, 2 wn nw ww
Lot 3
nw nn nn
Lot 4 nw ww nN
Lot 1 Frantz First Add it ion.
Notice of this resolution ,shall be published on the 27th. day of
August 1919 and on the 3rd. day of September 191°9 in the South Bend Daily Tribune.
This Board, at its office in the C ty Hall on the 24th. day of
September 1919 at 7:15 P.LI. will hear and receive remonstrances from all persons in-
terested in or affected by these proceedings.
Adopted ,this 25th., day of August 1919.
BOARD OF PUBLIC WORKS
Attested:
Veronica C. Sweeney,
Clark of the Board.
HARVE Y F. ROST ISER
JOHN F. DEHAVEN
141,
CONDEMNATION RESOLUTION 110. 55.1919.
Res ol°ved °bar -the 'Board -of °Publ lc °Corks of the City of South Bend,
Indiana.: That the °follow ing deacrit.,ed °propeprt*y be appropriated for the use of said
C ity: Edgewater Dxive..fram Arch AvBenua -tom Haraehr Court , as follows, ' to -wits -y
All of Lots lj and 14 in Edgewater; Place Add it ion And lot 1 in Harper
Court Addition that lies °e8ss$ 'of 'the falglc�w pig does°cribed line. Beginning on the
southerly 1Ina of Arch .4venue at a poi4at° 4° .Feet, ;easterly from the north west corner
of lot 13 in Edgewater Place Addition; thence so-Ah westerly to a point on the southerly
line of lot 12 in 1?dge9iaUr 111°ac`e` Addit'fo 4 feet, westerly from the south east corner
of said lot 12 iri Edgewater ?lac'e' Addit'ioii;' thence south westerly to a point on the
southerly line of' lot 1` ` 1i Ye:. per :Court Addition 67 feet easterly from the southwesterly
corner of said to°t 1 in.' *15ei ,Yr' Court Add i`t°ioi..
The following, descr'ib'ed` `nj�bperty fray be ir. jur io-dsly or beneficially
affected by such appropr•i•at1on: .....
Lot 1 Edgewater: Place add it ion.
Lot 4..
Lot .5..... ......
i
Lot 6,
i
Lot 7....<","•,
° Lot $......"-
Lot 9.
Lot 10
Lot 11
Lot 12 �+�° • - , . pN.. . . , n� °
°Lot 13
-Lot 14°:.°"".,,.°
° Lot 1 - Harper Court ' Ada it ion.
'Lot 2 °
.Lot 3
-- - Lot 4
`Lot ' 1 Frantz '_First Addition
` bie purpose of such appropriationis for the opening of Edgewater
Drive under Condemnation Resolution No. 55.
Notice of this resolution shall be published on the 27th. , day of
August 1919 and on the 3rd. day of September 1919 in the South Bend Daily Tribune.'
This Board, at its office in the City Hall on the 24th. day of September
1919 at 7:15 P.M. will hear and recaive remonstra ces from all persons interested in or
aftec ted by these. proceedings.
Adopted this 2&th. day of August 1919.
BO �RD OF PUBLIC WORYD.
Attest: -
Veronica C. Sweeney,
Clerk of the Board.
HARVEY F. ROSTISM °
JOHN F. DEHAVEN
The following claims were approved by the Board.
Hinkle Motor Car Co...............$1.80
Gaf it l Oil Cozrmpany........... ! ...._.......... 37.40
Studebaker Corporation... .............. 25.00
C. F. Pease Co............ .......:......... 8.01
C. F. Pease Co ............................. 6.84
John B. Hablerlc::.`... ....... ........... .60
Peterson Printing Co. 30.00
The Herr & Herr Company...... 2.85
Street & Alley Dept...... .... ............. $1$8 51.49
South Bend Spring wagon & Car iage Co... 19.40
Vatio al Lbr. Company ........ I .............. 4.70
H. C. Eckler Mfg. Co.:........ .............. 19.35
So. Bend Foundry Company.... . .............. 22.00
Garbage Payroll .............. .... .. 458.40
South Bend Awning Company .... .............. 7. 20
Herr & Herr Company.......... ....... 4.80
Joe. A. Luther ............... I................ 5.70
Northern Indiana Gas & Elea. Clo ............... 1.42
Cemetery Dept........... ...... ........ ...... 176.70
Aslin Plumbing Company....... ...0............ 5.05.
G. td1. urey.... , .. ... ... .. 125.00
Mrs. L. Goebel........ ....... ............. .. 7.14
Henry C. Eckler Mfg. Co ...... ........0....... 4.77
Street Repair Dept ............................ 297.95.
John I. Shafer Hdrdwood Lbr. o............... 513.65
Emulsified Asphalt Co....... ................ 85.11
Edward F.:Kaller..:.......... .............$6,861.65
'dater Works .................. ... ......... 39153.34
Total amount allowed. $ 14,144.32
Eng inner f it ad assessment roll and final estimate for water
connections on Oliva Street from Lincoln v'Paye t to Sample Street,under Improve--
men,t� Res olut ion No. 677. In the City of South Fend,, Indiana,
i Resolved that notices as to the va'ssessrents be published for
on the '27th. , day of August 1919 and on the 3rd. day of September 1919 in the South
Bend Daily Tribune, stating that this Bo �rd will give a hearing on the amount of
wbi-assessments at its office in the City Hall on the loth., day of September
At 7:15 P . M.
Resolved. further, that the e tire work under the above contract
be accepted and approved and the final estimate thereon allowed.
V ife President