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HomeMy WebLinkAbout09/03/1919 Board of Public Works Minutes1660 BOA,rd met in e ule,r Bess ion at 7: 15' P.M. ?fir. G. A. E 11lett absent. Hearing had on. assessment roll and find: estimate for pavement on Allen Street from Van. Buren Street to Portage Avenue, u_ador Improvement Resolution. No. 667. T-n the City of. South.. Bend , Tr..d iaana $' Tn. they above matter a remonstrator &,,pe ,red but no written rem -en- stra ace was filed. The Board therefore find that the property assessed in said roll filed August 13th.,1919 is bon.efitt*d In the amount of assessments as shown on said assessment roll and the Beard `further rind that the assessment roll f iLed September 3rd. ,1919 and the final estimate allowed September 3rd.,1919 should be and the same are hereby in alL things, ratified, confirmed and 'a' roved. Deferred hearing had on resolution for the resurfaeing of North Michigan Street from North Sher* Drive to Wakewa Avenue, under Improvement Rosolu-- t Ion No- 717. In the City of South Bend, Indiana. Upon said hearing no romen. stratorss appeared and no written remonstaaance was filed. And the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are equal to the estimated crest of the same, as reported by the City Civil Eng 1soor, and theroupoa takes fi.naL a etion on said resolution as originally adopted, and t,h*� same is hereby in a1L things, ratified, confirmed and approved. • Resolved further, that notices be published on the 6th,m day of September 1919 and on the 13th., day of Se-atemb*x 1919 in a newspaper of General Circulation in said City, stating that this Hoard will receive bids for the construe t ia;:n of said improvement up to 10: 00 A.M. on the 23rd. day of September 1919 The Hoard reserves the right to reject any and all bids. The following bond and contract approved.. PU131LIC IMPROVEMENT CONTRACT. This Agreement, bade and entered into this 3rd. day of September 1919 by and between Harry N. Barnes of the C©unuy of St. Joseph, and State of. Indiana ( hereinafter referred to as the " Contradtar"), and the City of *South Beni in the County of St. Joseph, and State of Indian , by and through its Board of Publi Works, (hereinafter referred to as the " City") under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,19059 wad all e.men.datory and supplemental act$ thereto: w Witnesseth, that the: contractor covenants and agrees to construct pavement on at ley north of Mearce Streit from Follows Street to Lincela Way East in the City of South Bend, Indiana at and for the foLlowing prices:- 153 eu. yds. of grading per Qu. yd:.....6...660004 192.6 conduit pipe, per lin ft....... .00 manholes reset, *ache**.*. 3.00 i 395 sq. yds. of 7 inch esacrtte pavement per sq. yae.rd....... 2.00 167 i-fy Frei 44. to perforrsa a work in the prosecution of- said improvement under and accordinW t© tho term* ok n* 410 Isepray ent Resolution No. adopted by the Board of Fublic �Ioirks,weeeueewewew,eee eeewew and ths pletsf, pro4loond specifications on file in the office of the Depa. tuaent of Publie Works, which ssi� rpiqohiflc%f ptfftr', pr®filt and specifications -are made apart hereof as fully and effectually as It copied anti M otlt lserein A full length, Con trSetor further expressly covenants and agra s that in the prosecution of said W01k 01 pi`optr Aiii 4114 Care-Il'.l:be exercilsed tl, t he =;t o�A � .. , . F ���^ all excavations ard dangezotts plfse,�s A"fid -/M ugo 01 due €zrI pre; „t,on to -y person or, 1 rt, r, tt,:tt i't "l.11 Minot q o I*ry or slam le resulting from t' e .Fr or r-'i'i�� fr,)n .:; V -,- tt a• or thin '-!onr —ted thnre,10ri of �l AIR thOrOfrom, to any pars, � 4)r n_oper y, he h�. 11 nav a.,,y _:idat. th s,.me P± , is own expe rilti, a,tid �li- mufria 1he liability therefor,.and in the:eve, t of any e'a_m or claims bAing made or any -action or act'ona bpi:, bffj4l,qht; against the city by reason or on _^�comtt of or grot=,ding out of s- ;d r7or1, or its con^traction, t1t, F 00lltfa40f will at his 0Vn expense defend the same, and ,-,ill pay any judgment recovered therein, and vjV1 in Mt YaaPOGti-fully indemnify and save harmless said city, its officers, agents or representatives from all vf7il1- e@t ansa, pa 'inant or' judgment recovered in Connection f rich sash claim or claims, action or aGtidits, And ; Within ten dRys after any such action isbegun, the city shall notify the contractor of the pan 4ency th(r- 4' t'it�.li city f ud ment rendered against the city shall be conclusive against the contractor and against the sarrty oii hfm colistiaction bond, as 0 tl� mount, liability and other matters pertaining thereto, �: cog i•:4i fr.�els. v�6`l.v cii bf.�r''�?,b av' � c.. ax ..e:sa� l�ii, iA Jt 1 - I "-. . the per,od acid in the ma.xncras fixed by the sn�ci`ica:iota., and to sec -re I-Ae maincetlanc,e a,,c[vx parr t to file with t'te Board of Public Works a bond s,,th sufficient surety thereon a.rid in an atitojiit a� s1 eifcations, And in doing such repair worn- the contractor and the surety on kris ee �c�sir� v , ai Subject to the sar.-ie liability to the city and any other person for any injrry or 6,sAs(t1'c to t,.ny lamer` _, o w_, erty in the same manner,and to the same extent as is fixed in the last precedhig ps,I'*isvdph`toverua hip r i; struction work.. And it is further agreed by and between said parties that the acceptance of the work rovided for k tl,kfi contract, or the payment thereof, shall not constitute a waiver on the prat of tbe`czt}' o trt}y t�f tl�� pi�A,5:, ions of this contract, nor shall it release said contractor or the sureties oil leis bond for the faitiifgl perfo�,;', aside thereof;' nor .shall the acceptance be prima facie evidence of the perforniarice of city pro Aatoil At 0-111 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 qmking of such improvement and in the performance of this contract, whether done or furnished. for lsirri, or hip age iq assignee, successor or subcontractor ; and the city may reserve out of any allowance reaR& on imy ePthwato in favor of the contractor or ? =- assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or material men for amounts due them for work done or materials use'a of �urnished to be used in the performance of this contract and the doing of said worse, and the county treasurer, acting as city treasurer, may retain motley Co kAted from prgpt_,r y owners .assessed for said improvement to pay such debts or umil tljrs coiatr actor 0howe that they k1av4 been paid or satisfied all ru _ =sa, earth, and urmsed material in the streets or sides thcroof ul cn the co„>> 'r :, c ` the impro-enicat or the repairing thereof. The Esrork of .rrialrin; such irYrprov^ment shall be completed according to the terms of this contract on or h: fore the ....... ......._.-.:._._......................................... ------ -----------day of -------- :--------------------------------------------------- ... 19..........I ur.'Fss the time for the cor plet;on of the same shall be extended in writ;-:i by the Board of Public_ Works, A :d it is agreed that any such ,extension of tit-,e, or any alteration of this ccr!tract 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 contrac-or shall rot :�.ssi- this coiltraet, or srb-let the work or any part thereof to be done hereunder, witho;it the .=i' en co__- nt of the Board of P:iblic Works. It is further agreed 01!�- contractor shall o,:ve to'residents of said -city and county preference in the employm: nt of all labor i cessary inthe nerforma.nce of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failTue to observe this stipulation. And upon the performance of all the terms and conditions of .this contract, and things to be done and Oerformed by said contractor the said city agrees to cause the cost of doing such world 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 hiii,iself or it,r:-elf,. and the respective successor or assicr:s of such Da.rties" In Testimony Whereof, We, the foregoing named parties, hereunto set our hands, thJs 3rd.,day of September 19L9. CITY OF SOUTH BEND, IND IANA. H. N. BARNES BY G. A. ELLIOTT Contractor. H. ' F. ROSTISER JOHN F. DEHAVEN Its Board of PubLic Works. CONSTRUCTION BOND.. Know all mesa by these presents That we Harry N. Barnes, of the County of St. Joseph, Sts-to of Indiana, as prixicipa 1 and Charles Susbedissex and J. A. Barnes of the County of St. Joseph State of India ;via as sureties, are held aaad firmly b ouxd to the City of South Bend, Indiana, in the Isum of Four Hundred&xtd ninety two Dollars ($49L.00) for the payment of which, well Viand truly to be made, we jw.intly and severally bind ourssely as, our heirs, exeeutors, edmimistrators and assigns, firmly and by these presents. The conditions of the ©b1 igt iox are such that if the above xe,r.!e d Harry N. Barnes shall faithfully comply with the iferogoing contract, made a -ad entered Into the 3rd. day of Septemberl$l9 with the City of South Bend, India,r.,a, and sh&]L fulft 1 all the conditions and satipabations therein coritai;a.ed,, according to the true ixtont and mean-ig thereof, in all respects, then this obligation to be void, otherwise 16H to be and r main in full force and virtue ix law. Tn t:lc event the said City shall extend the t imi for the completion of said work, :s-zch extension shall n.ot in any way release the sureties on this bond. This shall be a construction Scud, and the sureties an the same sh&l not be held respoh3 ible for the maintenance .and repair of the improvemebt after it ha has been accepted by the second party, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set out in the contract, Witness our hands and seals this 3rd, _de,y of September 1919. HARRY K. BARNES CHAS. SUABEDISSE.N J. A. BARNES Thi above bond approved this 3rd.. day of September 1919. C. A. ELLIOTT H. ^. ROSTISER JO HN 74. DEHAVEN Board of Public Works. AF TDAVTTS OF PERSONAL SURETIES. State of Indiana )SS St. Joseph County ) I, Chas. Sizs.bsddisen swear that I own real estate in St. Joseph County, State of Ind iaria, of which I am passed in foe simply of the value or $5,000.00 over and above my indebtdnessand the exemption a,llowsd me by law, as I be- lieve so help me Ged. CYAS. SUABEDISSEN Subscribed and sworn to before me , the undersigned Notary Public this qta. , day of aepte-nber 1919. Vercn.ica C. Sw6enoy, My Conmissiox expires July 20,1922. Nctayy Public State of Indiana St. Joseph County SS I, J. A. Barnes swear that I emi real est+.ta in St. Joseph County State of Indiana, of which I am possessed in fee simple of the value of Tex Thousand Dollars over and above nzy indebtedness and the exemption allowed me by law, as I believe, so help me Goat. . J. A. Barnes Subscribed and sworn to befoic me, the undersigned Notary Public this 3rd. day.of September 1919. Wixtess my hand and official seal. My Commission expires July 20,1922. Veronica C. Sweeney Notary Public r i F