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HomeMy WebLinkAbout05/26/1920 Board of Public Works MinutesJ Board met in regular session at 7: 15 P.M. All members present. Communioat ion received from the Board of Park Commissioners requesting two lights placed on posts at Duck Pond. Same approved lights ordered placed. Estimated cost of Rl�er -Park Trunk -!sewer °district No. 1. on loth. llth. and 17th;, and North Shore Boulevard sewer system at....... 77,885.00 Excavation bond of Jay L. Taylor for $1,000.00 approved. Engineer filed assessment roll and final estimate for pipe sewer on Koseluszko Street, Jackson Street, errant Street, Warren Street and Carlisle Street from Division Street to N. J. I. & I. Ry. Co. under Improvement Resolution No. 651. In the City of South Bend, Indiana. i Resolved that notices as to the assessments be published for on the 29th* day of May 1920 and 5th. day of June 1920 in the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of each assessments at Its office in the City Hall on the 23rd . day of June. 1920. at 7: 15 P. M. Resolved further, that the-nt'.re work under the above contract be accepted and approved and the final estimate �hareon allowed. Hearing had on assessment roll and final estimate for pipe sewer an Carroll Street from Pennsylvania Avenue to Pr' adway Street, under Improvement Resolution No. 723. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remonstrance was filed. The Board therefore find that the property assessed in said roll filed May llth..,1920 is benefitted in the amount of assessments as shogn on said assessment roll and the Board further find that the assessment roll, filed May llth. ,1920 and the final estimate allowed MAY! llth. ,1920 should be and the same Is hereby confirmed and approved and tip In all 'things ratified. i Hearing had on improvement Resolution I`To. 713 for grade, curb and walk on Walnut Street from Sample Street to Pairie Avenue, in the City of South Bend, Indiana. 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 improvements are equal to the estimate cost of the same, as reported by t;he City Civil Engineer, and there upon takes final action on said resolution as originally adopted, and the same is hereby in all t hings, rat if led, a onf irmed and approved. Resolved further, that notices be published on the 29th. day of May 1920 and on the 4th. day of June 1920. in the ;South Bend Daily Tribune, dtating that this Board will receive bids for the ��d onstruction of said improvement up to 10:00 A.M. on the 15th. day of June 1920. Board reserves the right to reject any and all bids, 6-17 Deffered hear ing had on assessment roll and final estimate for pine sewer on Corby Street and St. Louis Blvd. fr©m Notre Dame Avenue to Howard Street, under Improvement Resolution No. 673. In the City of South Bend, Indiana. In the above matter Atty. Sommerer appeared and remonstrated Dga inst amount of assessment Charged against "Emma Weber lot on Corby Street. The Board therefore modified said assessment b6y deducting the sum of $26.00 , the City to nay this sum, and find that all other property assessed in said roll filed May 4th1, 1920 is benefited in the amount of assessments as shown on said assessment roll and the Board further find that the assessment roll. filed May 4th, ,1920 and the final estimate allowed May 4th.,1920 should be and the same arc hereby in all things, rat if fed, c onf irmed and approved. Petition filed for ai. sewer, on Indiana Avenue from 17ebster Street to Walnut Street. Same placed on file. Mr. L. E. Couter of the Oliver Chillee Plow Worms was present at meeting and the Board and City Engineer discussed this sewer and the Board advised Mr. Couter to tame up with Oliver's thematter of extending this sewer to Pra fr ie Avenue. The following bands and contract approved. i PUBLIC IMPROV9MMT CONTRACT. This Agreement, Made and'entered into this 26th. day of May 1Q20 by and between Oliver Chilled Plow Works of the County of 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 thr ough its Board of Public Toros, (hereinafter referred to as the " CityI ); under and by virtue of an Act of the s--reral Assemblyof the State of Indiana en , titled" An Act Concerning Municipal Corporations, " approved March 6,1902, and all amendatory and supplemental acts thereto: Witnesseth, that the contactor covanarits and agrees to construct sewer in and along Walnut Street from Indiana Avenueto 640 feet south of Sample Street in the City >?f South Bend, Indiana at and for the following pr ices: -- 9'60 lin. feet of 18 inch pipe sewer, per lin ft...... $6.00 1228 lin. feet of 15 Inch -pipe- sewer, per lin ft::.....4.60 365 lin. feet of 8 inch 1pe sewer, per lin ft....... 1.30 o; 924 lin. feet of 6 inch 1pe sewer, per lin ft....... 1z80 71 lin. feet of manholes,; per lin ft................. 1.4.00 17 storm water inlets, each.., ......... ........15.00 8- M. H. Tops each.... ' .. ..25.00 18X 180 Y's ' 12-6" X 15" Y'se and to perform all work in the prosecution of said improvement under and according to the terms awl en. ditions of Improvement Resohition No.._16.0._.---_ ,,' and the plans, profile and s ,adopted by the B�,ard of Public ��llorks. _ � lt f specifications on file in the office of -,tire Departrient of .Public Work which 'sA. fl'` resolution, plans, profile and specifications are made a part hereof as full and effectually as if which and set out herein at full length. ! ycopiedThe contractor further expressly covenants and a ri ees that in the prosecution of said work all prolaer skill and care r.rill be exercise;:;th--t he .-,-ili rrone-'v `g z �� + aer.r and t-,01 use all due a.,d *o. - r ovations and dangerous plaegs, p_ per preca ttion to prey _a inii -v +� :ry person or prcn2rty; that H tlt event Qj any injury or damt.ge resu_-ing from the w-)r''-- or resnitirc from a* y *rt2tter or thing connected therewi:Yz o� arising a therefrom, liability therefor any persror property, he �--�ll�nay ar-i liquidate the same at his own expense, and as� some the liability therefor; ar_d in the e.rent of any. claim or claims being made or any action or actions being bro ght against the city by reason or on account of or growing out of sn.id work or its construction, the sa•d contractor will at his ow- n expense defend the same, and Will 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 urith such claim or claims, action or actions. And :f within ten days after any such action is begun, the city Shall notify the contractor of the pendency ther-4, th&n any judgment rendered against the city shall be conclusive against the contractor and against the suretiy an his construction bond, as to 0- amount, liability and ther matters pertaining thereto. . . r =4 'Wake such vtvoift at VWjr tkt ummVi 40 4- =00$11 27A to =*an 6ft U01atmal " Zq &tmm am insZ* am"16t, 1;cte"'A 4*0 W f vfli-cxt Sal f m4rwctor and tht stxt C A- 14' pjhjI�r F�_-rsou for any iajury br wi 1W r 07, pw",A " t 00 0444 mlmitia,i i* Omed is Ust pre, , �9 PF4 Py !w4 b&W-01 OP-44 flw `Nvtlr1t W0%110 ript a Nvaiver on flic P"-.rt of 011"I Ottyot mly �1"qvp f ' " (it *4§4'41404 or the Sul-eti(4 0,11 hit, hood for i tit- b tit fol v-11 fw, le evidic-ilet of flh6 pc,if6nu1,,1cv of any pruviduft (it i14' p'nt{fjillfi tl�@ to the -cown-act price theftidt', .1 .1 1- ;kbqT-'w1d materials ustd or fuxnish-d to be tied Itt tj d !iftO,44 PIN fif tit J§ 0 ';kef 'w* bed fdf fiftlif one. or furvI6 ae-ther d T�"' 00" tbq Oty umy res'erve out of any allow-go-le'd my'de oil UHY elf dui hitn' or., hni� potftim yptm the ib �X tq K1�1.r eftor w2teriat men to"r rtf bybi- Wll� 4 ;'PAO!�"o Aq 4'. ima, ig ek'w"PeTim ma'we of Wo f6vu"a vid 6", .6 1 Erb -tcy C& f (f t "j W3'r' reiram 1;io Nx� W� �4k OkOx� X4'A Ak! rw I ' I .."� I - � earth, and iin,.�.sed matellial in th- -rl 0 the corrol) e�!,n 1-Z t P streets or sides t' he "Im-P-0—in, it or t1he repairing thereof. The work of rn.-il-irg ifnPr,5v-n­ient sbq.1l be coiaolefed according to the*terrns of this contract -on or kFfc­e the --------------------------------------------- ---------------------- __ ----- ay of ----------- -- - ------------------- 19 url -s the time for'th� of the s_ai -c s`rifll b',- exl-en,(�ed in Vj ,v.- -a g by �.-he �oprd of P-.-ibl;c 's' to � it is tb" -,",?-IY S-11 --ten-ion of t. or nriir of +1-.;s c( :-,tract or o4 the rnanier i;, I- od of doing such work sr-nfl ir r;o :Tay a.!Tlect the du'ie's, Qbligtlo­s or lin.bilities of the contractor or his ties. Tt is agreed that t'12 C.-I' 17 ,1 )r 7,-ball ,)t �ssign this or s,,,Ib-!et the work or any part - be done her e-i-d-i-, W" 1­;�;' I I I ; - i . 1-n N��)__� :-. - ":'If tb�� Boar(j of Pu hl; c)Worlks. [t is furLiier ngr,:�ti 2, 'j" , I ".-, - or sh-ill to residents of said city a co, -v con ern; -it of :111 in the perfon-nance is contract, and f to 0, preference in the e of this a; shall forfeit to the city the surn of ten dollars for each 'Lailijre to obscr ve this stipulation. And upon the perforrri,_,rct: of al thie terms and conditions of this contract, andthings to be don-. a.I performed by said cor:,.ac-.or the said city agrees to cavFe the cost of doing such work to be ass-s!d, (,o; lected and paid to said contractor in the manner fixed b ' the statute 'governing the making of such :iiuprove_ ments. To each of the conditions and stipulations of this contract, including all ard singular the provisionsd atib-ris and -resolution aforesaid, the undersigned- binds himself or ;tsJlf, terms of ;the puns, profile, speci-f and the I 'respective &acccssor or assigns of such parties. ­. In Test IMony Whereof, We, the foregoing, named part IeS,hereunto ,Set our hands this 26th, day of May 1920. CITY OF SOUTH. BEND, IND TANA. BY G.I.A. ELLIOTT HARVEY F. ROSTISER JOHN F. DEHAVEN OLIVER CHILLED PLOW WaRKS' j By JOSEPH D. OLIVER, President. Contractor; Its Board of Public Works. ....... CONSTRUCTION BOND Kmow aH men by these presentfs.__ That we ------------ --- 011� ... Ch.U2&&&ZPLd_ X ==Xor • of the- Cduhfy. ------------ t5t . ..... JQS&P]� ---------------------- Statd ot .................. J . ------------ - - - - - - - ---......... . ...... * i' 'aat_100A*h,,IfieCounty __P__ ----a nd State .. as suretie;&, are held and firmly bound to the City of South! Bend; Indiana -in fthe sum for the payment of which, well and truly to be 4X O.0O3 e, we jointly and severally, bind Quirs4y@,?, 'I, executors, - adminstrators and assigns, firmly by these prq'sents. The .conditions of the obligation are such that if the above Oliver Chilled Plow Works. — ---- - ---------------- -------- - - -.--.-----shall 'faithfully comply with the foreg6ixig contract, made and entered into the --------------- 2_(5&h,_. da ---- 19?N .. ..................... ............. y of - - ------------------ LV with the City ... .9 ....... of South Berd, Irdiana, and shall fulfill al?th,�;�covditions and stipulations therein contained, #Qqprd'jng'. -t'ib"'the true intent anCi -,-,eaai'1:g t I hereof, in all respr;_--ts, tben tb;s obligation to be void,pthcrwise to 6r'-' d , an remain in :fall force and virtu in law. In the eve-.i,. the said Cii-y sin-.11 extend the tirne I r the corfipletioli 'of said work, su- ch shall not in any wayl release the sureties on extend bond. -This shall be a consiruction bond, and the sure'les on the sarre shall not be held responsible for the maintenance - and repair -of the irnprovt!"ment after it his been iaccept.ed by the second, party, but such, sureties shall be held responsible for the fait'-ful compliance with all other conditions, stipulations and requirements covered red by or set out in the contract. WMT— our hands and seals this .......... ............. day of ............. Josep .... .... ............. ....................................................... (SEAL) h D. Oliver ........ ...... ...................... ... (SEAL) ............................... ; .......................... ..................... (SEAL) ........ .............................. The above bond approved this ............. 2-6th . .... . . ..... da3 of ...... . .. Go A* 'ELLTOTT RI .... IMTISER .TORN F HAVEN Board of Public Works. AFFIDAVIT OF PERSONAL SIIRETTFS. State of Indiana St. Joseph County �SS I, Joseph D. Oliver, swear that I own real estate in St. Joseph County, State of Ind iana, of which I am possessed in fee s imple of the value of One Hundred Thousand dollars over and above my indebtedness and the exemption allowed nee by law, as I believe so help me �i od . JOSEPH D. OLI VER Subscribed and sworn to before me, the undersigned Notary Public this 26th. day of May -1920'. H . GA IL DAVIS My C ommiss ion expires Sept-* 7th. ,1922. • Notary Public; PUBLIC IMPROVEMENT CONTRACT, This Agreement, Made and entered- into this 24th.- day of May 1920. by and between Joseph A. Luther of the County of St. Joseph and' State of Indiana, (hereinafter .Deferred 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 : s the " City"),, under and by virtue of an Act of the -ienerai Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, approved March 6,1905, and all amendatory and supplemental acts thereto*-- -Witnesse-th, that the contractor covenants and agrees to construct pipe sewer in and along Ewing Avenue from High Street to Erskine Boulevard, in the City -of South Bend, Indiana at and for the following prices;-- 585-I3n;-fc6t-of-12 inch pipe sewer, perlin ft...... .$ 5.85 48 lin, feet of 8 inch pipe sewer, per tin ft......, 1.00 340 lin, feet of 6 inch pipe sewer, per lin ft....... 1.50 22. 5 1 in. feet of manholes, per 1 in f t... , ... 15.00 2-storm water grates , each... #00 . . . . . ............... 15.00 2 manhol-s, curbs and covers, each .......... . . . . 30. n0 ItUd to perform all work in the prosecution of said improvement under and according to the terms and con- ditions of Improvement RAsoliit;on No .'. ______________ adopters by the B:,Q.rd of Public 'Norks.__M&.r_ _ __ 4,1920. and the planFprofile 2^d snecifical-;ors on file the office of the Depa- ent of Public work v} ;�_h s2; resol ticn, plans, rrofi'> a.rd specificat pns are m^de a, part hereof as fully and effectually as if copied and set out herecin �t fail ' cor ~actor farther e- ; :�s.rly covenants and an•re-s that in the pros-cu}ion of saki work all s'-rill 1 care . ', h e: r' h "? .. tl o a d i U`e <^ }� d - ""'l o } r :tt r + � _.OTiS a-! dang� r ous pia,"-, r r �a o_ i t oy per on ^r r, .< a')y iillivey or (,7: ,^n� r- , fr^. .,•, r n ,+.7 : Tturn a v Yr 1 ` or arising 01: e rr?r.i, `o 2.*ty r 1 Pr D p .rty, n - it r;ay sir- --gate tl? S 2t 173 C ,. n e a, su^:e 'he liability ther-nor; and in the event of any claim or claims b^ing m ;le or a: y a,:-.o + •- a.,,+ , ,s bre-I.ght a a;n ..t the city by reason or on account of or growing out of d 1 �r - cr i`s contractor will at his own expense defend -the same, and wid pay any judgment recovered th^rein, and ,. all respects fully indemnify and save harmless said city, its officers, agents or reoresentativA from a , expense, payment or judgment recovered in connection urith such claim or claims-, action or actions. A; within ten days after any such action is begun, the city shall notify the contrac+or of tr- ve"+< -cv th.-,- the:i any judgment rendered against the city shall be conclr$ive against the contractor and against the sui..? on his construction bond, as to tb- amount, liability and other matters pertaining thereto. ## Om Aw R_ �' ;`WW, � �fd >� � � &.w�: c,�,fQ; r-wo At J-9 lei Fob* Wor!ksz > —_Ah so�mc jr4mir work the awitrattor Rt4 tht- Auvtqy 0,4 lie 1. 0 the city"d an otherjtjeytw #AY* f #44ngr a0d to than #a,ae ex any as is t<xed xr#tote 1 t t` t W 0 4< — } � 9"h8 ' AgrA94 by and b-fween said parties that the a pt ner of tht wt)rk PMI1404 for ttt 01to „ Alf€� fr f f � � y a�Rt# tktrrwaf, sh:zll 'lot constitute a waiver on L11 l�a�t !A e1Y 8 �s1 l'� i `- ripill fh1p 06t3fl'44-c IErP �1�rill it r� leaNe skid contractor or the sureties . PFF MAY00l� i liras O1�a# thR acceptance. bence olt 1i1� k�r�nd ft�� t� ► 1 = ` Ali V1111PPOV011101 , P,-@Rpf tp th® oxtent of ntitling the contractor to the mitme trta± lt� ft is, to 1�l�li � j pll#fi l �l! 1 00® to pay tern all labor and materials t sed or furM§hid to bg l �e� � And in the performance of this contract, dette,dr �uruishe� �dl' I �� dill 11 9,91 91INVANor AP gubcant;actor; and, the city may reserve out of any a11o�+ai:t1e itlll�� fit! film � € � > r�QtE�r ar I,- assigns, or out of the am�urlt due ksf� �s' flag 1#�114�h# it iisi fig t?r�tri 4 " Wk, go rpnwh �>a wto erssary to pay all laborers or � $ tittif d". 0 > fQ�'iRsou Qr tirnished to be used in �he perforttt�•aatat f tfilo &M ddt fifid thefdu a I W i � f ly ca t 1rvas� ter, ecti;tg as ciEy treasurer, may toef # t Ct fi.. 'Mid iiMKQV'1 anent W pay such debts or ul,,tiif the tr a ftrrkhfow# f 62-0 _e co :, a c' agrees to remo, all rub --sh, earth, and umaed material in the streets or sides thereof upon the completion of the impro,r^m=::­it or the repairing thereof. The work of making such improvement shall be coivbleted according to the terms of this contract on or beforethe .... --------------------------- ,---------------- -----_--------------------day of ----------------------------------- --------------------, 19.... ....... unless the time for the completion of the sar:,e shall be ex*ended in writ :gig by the Board of Public Worl-s, Arad it is agreed that any s�_+.�h erten -ion of t;--, or ar,v alte 'ion of this cc-n.tract or of the manner or nieh- od of doing such work shall in no way affect to duties, obliga.tio.is or lin.bilities of t'he contractor or his sure -- ties. It is agreed that the contrast -or ehall not=_ssi.gta this co-, -.,-t. or srb-let the wcrk or any part thereof fo ° f flie '. p,.�ia t be done here=.m�'er, tv. lh�� t tirt- '-I�o::._ _�� �. � F3^;�,rd o. _ _ ti�7or,._s. It is further agre;:d :d i T ,r ' a -i *' cn ,,r t, 11 lc� id r r or to res� e..tsTof said city a_ d couiiiy preference in' the, employn. °nt of P11 la1..-r : sary- i tl nrfor mmnce of this contract, and failing to do so, shall forfeit to the city the same, o`, ten dollars for each `ail. 1r� to observe this stipulation. And upon the per ormanc� of all the tcrr_is and conditions of this contract, and things to be ,done azsd performed by said contractor the said city agrees to caL:>e the cost cl;doing such work to be assessed, col- l lected and paid to said contractor in the mannet 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 assigns of such j�a.rt es. In Testimony Whereof, Wh, the foregoing named parties, hereunto set our hRnds this 24th. day of May 1920. • • - CITY OF SOUTH BEND, INDIANA. JOE A. LUTHFR BY G,, A. ELLIOTT Contractor. HARVEY V. ROSTISER- ' JOHN F. DEHAVEN _ Its Board of Public Works 1CTION BOND kno.w.. aH men by these presents. That we - a__ JasCph A: Luther -- - ----- =St Joseph of°he County •► - - -- - - - ---- State of lnd_Jan&------ -- ------ as princG' pal, and --------------- gl 1,5 t, C r II1 _ C `9 Ua t. jji - C fl •-------------------------------------- ------------------------- of the County of:- --------- ----and State of -- as suretie , are held' ° d' fir bo nd o the it �uth_Bend `I_ Indiana.in th_ hum of ___,__-.__ Twa Tousrand wouncrec: anao`t .-4-� ._ -------------- ----- -------------- ---- Dollars ( 2,204.00) for the payme>3t of which, -well and truly to be made we jointly and i-everally bind ourselves, our heirs, executors, admmstrators and assigns, firmly by thes p"ese . s. r•Xlie conditions -of he obligation are such that .if sthe above nhmed ---------------- - sT 1 faithfully comply with the foregoing contract, ° .,tna+de and, ente°t-ed into the----- ---' --=- - ' + day of May 19 0 2 h+ --- ,------ ---- '------- with the City of South o e>rd, Indiana, and shall f-ilfill al°the corditlor s and stipulations "' "............ "' 19........ ° accbr°dirig' fo the true -intent an mea,iinJ th rcof, in aFl re is hen this therein contained to. be and remain in full force and virtue i n law. In the eve:_; the a t shall exion to be vothe id, otherwise completion of said work, such extension shall not in any way release . ��the sureties l on extend bond.'time for the This shall be a construction bond, and the sureties on the same shall not be held responsible for the m'.intenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait -ful compliance with all other conditions, stipulations and requirements covered by or set out in the contract. WIT�" ) N our hands and seals this ------ 26}1�...............dav of---- ----------�3T 1920. ........................... ------- ------- --------- i-__._(' AMSTERDAM CASUALTY CO '�L� SEAL) --NEW ........................................................... (S SEAL BY G. ELLIOTT, - ._.- - -- - A tFnt-----&..Att-orn-e in •-f�a� A - ) -- L ) The above bond approved . day of ....................... ...... 19.......,, G. A. ELLIOTT HARVEY F ROSTISER --��-----�-�� JOHN F. DEHAVEN Board of Public Works, Concerning the improvement of the roadway of Kline Street frm Calvert Street to Lincoln Way East and Calvert Street from Kline Street to Lees Street with asphalt, asphaltic Concrete, bitulithie or brick, in pur- ^uance to re of do No. ?6 . this bein t e d set o ma i- th relim-- nar award es g�,� ' ing kind off pavemen heard a 0: 0 A NI. liugsday May 5th.,1920 pubbldly opened read and Golisidered all bids, and then con- tinued their meeting to May 2621920 at 7: 15 P.M. Now on last named date the Board designated Sheet Asphalt as h the kind of avement with which said street is to be im' roved and fixes the Rth. day of June, 1920 at 10: 00 A.M. as the � t ime when pe� it ions for changir)g e kind of pavement 27ast be filed, and the, Board hereby c ontinues this matter until the 8th. day of June 1920 at 10: 00 A.M. On the day above naard the Board will either pass on pelLtliions let said contraot or reject all bibs b ids . G. A. ELLIOTT BOARD OF PUBLIC WORKS. J A VEY F. ROSTISER Attested:- F. DEHAVEN Veronica C, Sweeney, Clerk of the Board. Dated May 26th.11920. Pres ident.