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HomeMy WebLinkAbout02/18/1920 Board of Public Works Minutes372 Board met in regular session 7:15 P.M. All members pesent. Hearing had on improvement Res olut ion No. 7-35 for pipe sewer on Vassar Avenue from Allen Street to a point 30 feet East of the lst.• alley East of Allen Street, in the City of South Bend, Indi ana. Upon said hearing remonstrator� appeared but no written remon- strance was filed.. The Board after due consider t°ion decided t`o defer all action on said resolution -until February 25th. ,1920 at 711.5 PI. M. ' Hear ing had 'oA impr ovement- res glut ion No. 733 for the Pavement on Calvert Street from Michigan Street to High Street; in the City of -South Bend, Ind Tana. Upon said hearing no remonstrators appeared and no written remonstrance 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 cost of the sane, as reported by the City Civil Engineer, and there- upon. takes final action on said resolution as or inally adolbted, and the same is hereby -in all things, ratified, confirmed and app oved. Resolved further, that notices be published on the 27th day of February 1920 and .on the 5th. day of March 1920 In the South Bend Daily Tribune,, in said City, stating that this Board will receivt bids for the construction of said improvements up to 10:00 A.M. on the 23rd day of larch 1920. The Board reserves the right to reject any and all bids. This being the date set for the deferred hearing on the assess- ment roll and final estimate for concrete pavement on North Shore Drive from Mich. Street to Leeper Avenue, and the Board decided to deferr all action on same until Wednesday February 25th.,1920 at 7:15 P.:M. Hearing given on Vacation Res of t ion No. 55 for the Vacation of Walnut _Street from Sample Street to the north line of George W. Swygart's Plat, in th the City of South Bend, Indiana. In the above matter remonstrato s appeared and written remonstrant es were filed, Attorney Roland Obenchain of Jones d Obenchain representing Sanders & Eglert Company appeared and filed wnitte remonstrance, also other written remonstrances were filed with the Board against th vacation of said Walnut Street. Councilmen Olellniesak, Kuss, Bailey and Wieniewski appeared and objected to said streetbeing closed, and Stanley Poftmski, Charles Niedbalski, Attorney Pattee, Chester Perkins, Frank Wit.,ucki. °Casimer Woltman, and Joseph Dussinski and other interested property owners appeared against said vacation. No body representing the petitioners were present, and the Board after ue cons iderat ion decided to defer all action on this res olut ion until Wednesday February 25th. ,1920 at 8: 00 P.M. at which time the Board advised the propert owners t t same dec is ion would he reached. Mr. F. C. Raff , appeared-.befo�e the=•Board and presented the following plat, which was approved by the Board. a3 RAM FOURTH ADD IT ION. 1 the above raff8s bourth Add it ion is laid out qn, the following described tract of land; beginning on the south line of �ibd Tana Avenue 295.16 feet east of the east line of Kemble. Avenue; thence east 494. 84 f et to the northwest corner of the South Bend Gary Land Co8s Plat; thence south.1027-2/3 feet to the north line of Oliver Street; thence west 795 feet to the east) line of Kemble Avenuet thence north 732.50-2/3 feet; thence east 295.16 feet; thence north `295.16 feet to beginning. i The lots are numbered as shown on� the plat. The d imens ions of the lots and wid' the of the streets and alleys are as shown on the plat, 7 'The streets and alleys are hereby dedicated to the public for public use. Witness our hands and seals this 13th. day of February 1920. FERDINAND C. RAFF State of Indiana St. Joseph County.) Before me, the undersigned, a Notary Public in and for said County, and State came Ferdinand C. raff and acknowledged the exacution .of the above plat.' Witness my hand and Notarial seal this 13th. day of gebruary 1920. VERONICA C. SWEENEY. Notary Public My C ommiss ion expires July 2091922. - l Mr. Wolf, with other property owners res id ing in river Park appeared bef ore , the Board and presented petitions for sewers on 5th. Street, llth. Street and 6th. and 7th. Streets in river Park. Same received read and placed on file, and the Board advised poperty owners to file pet it i ns for all other sewers needed and action would be taken on same at a later date. The following claims were all C. P. Pease Co. Associates Investment Co.. by the Board. 4 $9.88 1,275.00 $19284.88 1 ' _/ Tuesday feb The' f ollo*ing h ontract -and b and vas :� apptloved' by the.° Hoard, , 9 A G R EIS E M E N T. j This Agreement ,made the 18th. day of f eb. 1920 by and betwer_J. W. Wernts and Son of South°Bend, . Indiana, hereinaiter called the Contractor, and the City of Sou th Bead, Indiana by the :Board of P�' lie Works . hereinafter called the Owner. Witnesseth, that the Contractor and the Ownwr for the consideration_ hereinafter name&"And .agreed As follows:- for - the , red000ra"t ing of the interior ' of the City Hail as per spec if icat ions and bid.; the contractor agrees to pay for all labor and materials used or fur- nished to be used in the making of such improve�mobt known as the redecorating of the interior of the City Hall as per specifications and in the performance of t this contraot, whether done -or furnished for him, or his agents, assigns, successor or sub -contractor; and the City may reserve ki* out of any allov�anee made on any estimate in favor of the contractor or his assignees, or out of the amount :due him or his assignee upon the completion of thw iwork, so much as may be necessary t,o pay all laborers or material men for amounts due them for work done or materials used or furnished to be used -in the performance) of this contract and' the "doing of s add Work, and the Board*of Pub 1 is Works may retain money clue said contractor to pay such debt's or until the contractor shows that they have been paid or ratified, It is agreed that the Contractor shall, not assign this contract, or sub -let the worm or any; part thereof to be done hereunder, withoutthe written consent of the Beard of'Public Works. j The eont�actor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will be exercised; that he will properly guard and protect dangerous places, and will use all due and proper pro - caution t© prevent injury to any person or property; that in the event of any in- jury or damage resulting from the work or resulting from any matter or thing connected therewith or arising therefrom, to an� person or property, he will pay and liquidate the same or claims being or any action or actions being brought against the city by reason or on account :of or rowing out; of said work or its construction, the said contractor will at his wn expense defend `the same, and will pay any judgement recovered therein, and will in all respects fully indemnity and save harml.ass •said City, its officers, agents or representatives from all cost expense, payment ?or judgement recovered in Bonn ct ions with such claim or claims action or act ions , And if -within ten days after any such judgement rendered against the City shall be 'c one lus ive against the contra for and aga ins t the surety on his bond, as to the amount, liability acid other mat ers pertaining thereto. The owner agrees to pa to the contractor as follows:- One thousand eight hundred and fifty (1,85 0.00) Dollars. subject to additional and. deductions as provided in the general .Cond t ions of the contract and to make payments on account as provided therein as f of i ws : - Payments shall he made -as the w rk progresses to the amount of 80% per cent of the value of the labor performel and the materials furnished and wr ought , into the Building up to the time tha the certificate is issued, less the aggregate of the entire work, a sum suff is is t to increase the total payments to _ per cent of the amount of the contract, and within days the A�.e'r the balance due under the contract. the Contractor and the owner ag ee that the general Bond it ions of the contract, the sDac if ications together with t is agreement form THE CONTRACT and that they are, fully a part of to contract if hereto attached or'herein repeated and that the following is an exact on ration of the specifications One Set of spec irioat ions. e 5- Contractor shall furnish Five Hulk. red ($500.00) DollAr Surety Bond The Contractor agrees that the work under this contract" shall be substantially completedby MAy 1st., 1920. The Contractor and the Owner for themselves, their successors, executors Administrators And Assigns,, hereby gree to the full performAnce of the eovenAnts herein contAined. It is fully understood And Agreed t�i.tt this dontrAct shall becone effective when a onf irmed by the BQArd of Public I Works. ° IN WITNESS WHEREOF, they'kare he the day and year f irs t above wr itteni. o set their hands and seals this J. W. WERNTZ & SON. PER F. W. C ontr actor . - C ITY OF SOUTH -BEND, IND IANA. G. A. ELLIOTT HARVEY F. RBSTISER JOHN F. DEHAVEN Its Board of Public Works. Know all men by these presents,that we J. W. Wernt$ & Son of the county of St. Joseph, S t J os a ph, S t Ae of Indiana as pr inc ipaL, and London & Lanc as h ire Indemnity C ompAny of Amer iced as uret ies , are held and firmly bound to the City of South Bend, Indiana, in the sum of Five Hundred ($50..00) Dollars for the pAyment of which, well and truly. to be made, we jointly and severally bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents* The c and it iona of the ob 1 igat on are such that the above named J. W. Wernts & Son shall faithfully comply wit the foregoing contract, made and entered into this 18th. day of February 1920 with .the City of South Bend, Indiana, and shall fulfill all the c and it ions and st#pulat ions therein contained, according to the true intent and meaning thereof, in All respects then this obligations to be ..void, otherwise to be and remain in full force and virtue in law.. In the event the said C1ty, shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a c Instruct ion bond, and the sureties on the same shall not. be held responsible for the maintenance and repair of the improvement after it has been accepted by the second pArty, but suc sureties shall be held responsible for the faithful compliance with all other conditions, stpulations and requirements covered by or set out in the contract. Witness our hands And seals jhis 18th. day of February 1920. LONDON & LAN CASHIRE INDEMNITY COMPANY OF J. W. WERNTZ & SON. AMERICA. BY J. W. WERNTZ BY 9. V. LEDERER Attorney in fact. The Above bond approved thIS 118th. day of February 1920. G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN Board of Public Works of the City of South Bend, Ind Tana . They following communication with proposition received, read and:, approved, and Stfeet Commi.s3ioner instructed to purchase truck. February. 18th. ,1920. BOARD OF PUBLIC WORKS, City. ' South #end, Indiana. Sir: We will fuenish you new one ton F'anous Truck complete, with dosed cab and one door, wind shield and express body with flare doors; dimensions 4 or 9 feet by 46 inches wide, f ©r the sum of $192'75. i Truck same as seen by Mr. Rost iser and Mr. Layton, and now at Oldsmobile Garagp, South Bend, Indiana. Same to be cash upon acceptce of this proposal. • . Yours truly, ASSOCIATES INVEST COMPANY, E. M. MORRIS President. D iteRd February 18th.,1920. i I i L , r - '� Presr-idt�At.