HomeMy WebLinkAbout07/28/1920 Board of Public Works MinutesBoard met in regular session at 7:15 P.M. Aohn F. De Haven absent.
Beferred hearing had on Resolution for pavement dtmprovement
on Walnut Street from Sample Street t o ° Ird iana Avexuue, under Improvement Resolution
No. 803. In the City of South Bend, Indiana.
Upon said hear ing _ Attorney Anthony Wolf appeared represent ing
Sanders & Egbert, property owners on Walnut Street, and requested that this improvement
be deferred unt it °Sprig of 1921 , as it was 1�0_ late in the season to start this work.
but ,-no written remonstrance was filed. And the Board being fully advised in the
p.camises decides that the benefits to property liable to be assessed for said improve-
ment are equal to the estimated cost of the same, as reported by the City Civil Engineer
and thereupon takes final act ion on said res glut ion as originally adopted, and the same
is hereby in all things, ratified, confirmed and approved.
Resolved furth---r, that notices be published on the 3rd. day of
Au ust. 1920. and on the loth, day of August 1920. in the South Bend Daily Tribune
a newspapers of general circulation, in said City, stating that this Board will receives
bids for the construction of said improvement up to 10:00 A.M. on the 17th. day of
August 1920 The Board reserves the right to reject any and all bids.
Hearing -had on, assessment roll and final estimate for Pavement
on Miami Street from North line of Ewing Avenue to the south City Limits, under
Improvement < Resolution No-. 714. In the City of South Bend, Ind iana. .
A
Ih-the-above matter no remonstrators appeared and no written
remonstrance was filed. The Board therefore find that the property assessed in said
roll filed July 19th. ,1920, is benef itted in the amount of assessments as shown on
said roll, and the Board further find that the assessment' roll filed July° 19th. ,1920
and the final estimate tkxxxXXalloWed July 19th.91920 should be and the same. are
hereby in. all things ratified, c onf irmed and approved. °
Hearing had on assessment roll and final estimate for Resurfac ing
Of pavement on Br ons on Street from Main Street to Lafayette Street,, under Impr ovemen t
Resolution No. 716. In the City of South Bend, Ind iana.
In the above matter Engineer for Vanda.lia Ry. °Company appeared
before the Board in regard to amount of assessment, but no written remonstrance was
filed.'- The Board therefore
find that the property -assessed in said roll filed -
July 19th.01920 is benefitted in the amount of assessments as shown on said rolls,
and the Board further find that the assessment roll filed July 19th. ,1920 and the f i ial
stima.te allowed. July 19th.,1920 should be and the same are hereby in all things, rati-
f ied e onf irmed and approved.
Hearing had on assessment roll and final estimate for Pavement
on Dunham Street from Harris Street tc the west line of Jackson Street, under Improvement
Resolution No. 751. In the City of South Bend, Ind iana.
In the above matter no remonstrators appeared and no written
remonstrance ffliled. The 'Board therefore find that the property assessed in said roll
filed July 19th. ,1920 is benef itted in the amount of assessments as shown on said poll
and the Board further find that - the assessment roll filed July l9th.*,1920 should be and
the same are hereby in all things, ratified, confirmed and approved.
Hearing,ha,d on assessment roll and final estimate for water connections on
Dayton Street from Michigan Street to Miami Street, under Improvement Resolution
No. 784. 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
July 7th. , 1920 is benef itted in the amount -of assessments as shown on said roll
and the Beard further find that the assessment roll filed July 7th.,1920 and the
. final estimate allowed July 7th. ,1920 should be and the same are hereby in all
things, ratified, c on firmed and approved. °
Engineer filed assessment roll and final estimate forpipe sewer on Poland
Street from Walnut Street to Webster Street, under Improv-ement Resolution No. 767
In the City of South Bend, ,Indiana.
Resolved that notices as to the assessments be published on the ,loth. day
August 1920 and on the 17th. day of August 1920. in the. South -bend Daily Tribune
stating th t this Board - will give a hearing -on the amount of assessments at its
office in the City Hall on the 1st. day of September 1920. e,t 7:15 P.M.'
Resolved further, that the entire work under the above mentioned contract
be accepted and approved and the final estimate thereon allowed.
Engineer filed assessment roll and final estimate for concrete pavement
on alley East of St. Joseph Street from Hefferson Street to Wayne Street, under
Improvement Resolution No. 761. In the City of South Bend, Indiana;.
Resolved thatf notices as to the assessments be published aiaxkka commencing
on the 2nd. day' 'of August 1920. in the South bend Daily Tribune, stating that this
Board°will give a hearing on the amount of such assessments at its office in the
City Hall on the llth, day of August 1920 at 7: 15 P.M
Resolved further, that the entire work under the above mentioned con-
tracts be accepted and approved and the final estimate thereon allowed.
Engineer f iled- assessm nt roll and f inal estimate for grade, curband walk
on Elmer Street from Lincoln Way West to Frderickson Street, under°Improvement
Resolution No. 727. ° In the City of South Bend, Indiana.
Resolved, that notices as to the assessments be published on the
2nd. day of August 1920 for six consecutive days in the South Bend Daily Tribune
stating that this Board will give a hearing on the amount of such assessments at
Ots office in the .City Hall on the 18th. day of August 1920 at 7:15 P.M.
Resolved furhhefr that the entire work under the -above contracat be
accepted and approved and the final estimate thereon allowed.
Engineer filed Assessment roll and final estimate for tirade, curb and
walk on Lawndale Avenue from Vassar Avenue to South line of Vassar Park Addition
Under Improvement Resolution go. In the City of South Bend, Ind iana .
f.
Resolved by the Board that as waiver was filed wa iv ing all advertising
the Board decided to set said assessment roll for hearing at its office in. the
City .Hall on theth. day, of August 1920. at 7: 15 P.M.
Resolved further, that the entire work under the above mentioned contract
be accepted and approved and the final estimate thereon allowed.
Property owners residing on East Milton Street from So. Michigan Street to
Studebaker Park appeared before the Board axd in regard to petition filed for
pavement filed June 29th. ,1920 The Board advised these property owners that
this would be taken up as one of the first pavement improvement in the Spring
of 1921.
rr GaI LLC::1[1...y eI IL 1 \/ /Cl 1. l\_ Ir1//1_ 1!\Tl 1. 1T773 P./7
Con.eerning the improvement of the roadway of Bowman Street from.
Michigan Street to Rush Street, under. Improvement 'Resolution No,.
•797. IN the City
of South Bend, India.nai with
asphalt, asphaltic concrete, bitulithi_c, or brick, in
pux usance 't o resolution No: 797 this being the day s,ct for the malting of the preliminary
award: ---°des gna;t-ing kind of pivemient, the Board 'at 10:00 A.M. Tuesday July , 27th. 01920.
publicly - opened read and c or s idered all bids and. -then c ont inued itheir,meeting until
Wednesday July 28th. ,1920. at 7:`15 P.M.
Now on last named date the Board designated Asphaltic concrete
as then--kid of pavement with which said _7treet is to be improved and T%nging
esthe
9th-. -day of Au ust 1920 at 10:00 A.M, as the time whenpetitions for the
kind of pavement must befiled, and the Board hereby continues this matter. until the
loth, clay of August 1920 at 10:00 A.M. On; the day above named the Board will either
pass on petitions let said contract or reject a.11 bids,,
"# .....•.•... . 30ARD'OF PUBLIC WORKS G. A.ELLTOTT
H. F. ROSTISER
Attested:- . .......
Veronica. C. Sweeney,
Clerk of the Board
Dated this 28th. day of July 1920.7
Concerning the improvement of the roadway Of D4mond, Aven4e from
Lincoln Way West to North Line of Cushing's Addition w1tk with asphalt, asphaltic
concrete, b itulith ic, or brick, in pursuance to Resolution No. 796, this being the
day set for the making' of preliminary order designating kind of pavement, the Board
at 10:00 A.M. Tuesday'July 27th.,1920.publicly opened read and conidered all kids, and
then continued their meeting until Wednesday July 28th. ,1920 at 7: 15 P.M.
Now on last named date the Board designated Asphaltic concrete as the
kind of pavement with which said street is to be improved and fixes the 9th. day of
August 1920 at 10:00-A.M. as the time when petitions for changing the kind of pavement
must be filed, and the Board hereby continues this matter until the loth. day of
August 1920 at 10:00 A.M. On the day above named the Board will either pass on petitions
let said contract or geject all bids,
BOARD OF PUBLIC WORKS.
Attested: --
V er on ica C . Sweeney,
Clerk of the Board.
Dated this 28th. day of July 1920.
G. A. ELLIOTT
H. F. ROSTISER
790 'a'
The following bond and contract approved by the Board.
PUBLIC IIMPROVEMENT CONTRACT.
This Agreement, Made and entered into this 28th, day of July 1920
by, and between McCready Construct ion . Company as Principal and the Aetna Casualty
gompariy of Hartford, Conn, as surety 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 through its Board
of Public 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 Con-
cerning Municipal Corporations, " approved March 6,1905, and all amendatory and
supplemetal acts thereto:-
Witnesseth,, that the contractor covenants and agrees to construct °
concrete pavement on Alley West. of Main Street from Marion Street to Madison
Street, in the City of South Bend, Indiana at and for the following prices:-
57 cu. yds.• of -excess fill per cu. yd....1.50
18 cu. yds .of grading per cu. yd......... . ........... L.00
640 sq,.yds. of eonerete per sq. yd... .........:.... 3.50
and to perform all .work in the prosecution of said improvement under and according to the terms and con-
ditions- of Improvement Resolution IVo. ............ ...... adopted by the Board of Public Worms ..........
----------------
and the plans, profile and specifications on file -i the office lof. the Depa: tment of Public Works; which sai
resolution, plans, profile and specifications are made a `part hereof as fully and, effectually as if copied and
set out herein at full. length.
T1 e contractor further expressly covenants and agrees that in the prosecution of sari wor?c all pruner
skill and care will be exercised, that he w-'•1 p one7' -�' and p-,��-_r all excavatmns and dangerous plat^s,
and will use all due and proper precaution to prevent injury. to ary person.or p v-t.•; that i I `�,
any injury or damage rdsulting from the war'.:, or resulti— from a�v mat*cr or tt?inQ �cnr�c* t th�retvi'.% ar
arising therefrom, to any person or property, he v4ll nay and liq--;date the same at h s ol--n expens • arrl as-
surne the liability therefor; and in the event of any claim or claims be;4g made or any action c , act ovis t^ = ry
brought against the city by reason or on account of or growing out of :-.id v,or?, or its con —ruction,
contractor will at his own expense defend the same, and v✓ill pay any judgment recovered therein. and ti -' i 3
all respects fully indemnify and save harmless said city, its -officers, agents or fepresentatives from all cost.,
expense, 'payment or judgment. recovered in connection with such claim or claim,; action or actions. An-1 f
within ten days after any:such action is begun, the city shall notify the contractor of tze rien*?A: cv ther f
then any judgment rendered against the city. shall be conclusive against the contractor and against the surety
on his construction'bond, as to tlr- amount, liability and other matters pertaining thereto.
And the contractor agrees to maintain said improv(nnent.and na�_e such repairs as may be necessary
the period and in the manner as fixed by the specifications, -and to secure t:ie maintenance and repair thereof
to file with the Board of Public Works a bond y- ith sufficient suretythereon ana in an amount as fixed by th
sl;} cifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be -
subject to the sax:ie liability to the city and any other person for any injury Or'dainage to any pees sir or pi op -
arty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the c+3:,_
stiuction work.
And it is further agreed by and between said part`?�s that the acceptance' of the work provided for
contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the p
iorvs of this contract, nor shall it release said contractor or the sureties on his bond for the faithful Perfo1:•
thereof; nor shall the acceptance be prima facie evidence of the performance of any. provision of this
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 making of
such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
assignee, successor or: subcontractor; and the city may reserve out of any allowance made on any estimate
in favor of the contractor or 1-`� assigns, or out of the amount due him or his assigns upon the completion
of the work, so n�uc}. as nib- cessary to pay all laborers or materia, men for amounts due them for
work done or materials user :.r -srnished to be used in the performance of this contra et and the doing of
said worx, and the county treasurer, acting as city treasurer, may retain money coller_ted from property
owners assessed for said improvement to pay such debts or until the contractor F'�ow:s� the, they havE been
paid or satisfied
co::: ° sr' z`: ee ro remo !1 ri �.' �,z, earrhand um�,sed material in the strezta or sides t&rcoi
upon the completion of the imnrovem,,it or the repairing thereof.
The work of making such improvement shall be completed according to 4he terms of this eositract on or
before the day of
m..............................................,.....,..........., lg,
unless the time for the completion of the sane shall b"e extended in writi,.-:o by the Board of Pubh'e Wo5?cs�
And it is agreed that any such e-eten�ion of tir_ae, or ary altera`;on of this contract or of the manner or meth-•
od of doing such work shall in no way affect the duties, obi_igations or liabilities of the contractor or his sui c•.
_ ties.
It is agreed that the contractor shall not n.ssign• this contract, or sub -let the work or any part thereof to
be done hereunder, witho-,-t the v: r it I en cor of the Board of Public Works.
It is further agreed and stipulated tl+.?t +�� contractor shall give to residents of said city and county
preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
shall forfeit to the city the sum 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 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 :Waking 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 ass)-p-s of such parties.
t`
j79.1
y
In Testimony Whereof, Wei the foregoing named parties , hereunto set our
hands this 28th, day of July 1920.
MCCREADY iiNSTRTJCTION CO.
URANT MCCREAD`(
CITY OF SOUTH BEND, INll IANA. Contractor. ° � '
.T
A. ELLIOTT °
H. F. ROSTISER < <
Its Board of Pub 1 is Works,
1130Nri
l 11y ttp %' �a 5fl4` That
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.i.s >1rl t-Aies, are heldandfir1r1 bound �.. �.�•,.•".,.... ....•...�„�••� °
y to the City of South, Bend Indiana, na, the sum if
in E ..............
-Oaa use.nd._One.--_hundr-ed----and__sevent VW
• fo, ,;he payment of which, well and truly�-----•----...�......-•----..-.._.I)ol ...,....Dollars (� �
to be -mad,, we jointly and severally bind ourselves, our. heirs,
{' <�.clttors, adsninstrators and assigns, firmly by these presents.
The coreflitions of the obligation are such that { t1,� - 1,o— na.med._...............• .
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Ott _.___ Jhali __ _.. -- .i.l lli: lilt C•L M.`JI
made and intend into the ---__ 28t-Y3, • da v of _ y 1 o g ol1" a
with the City of Uoutl, r_; , 1ian: ----- -- d - TU
f e o �� � ct
nd h, l f' 1 l: ail th o a
according to the true intent 1r1 -ff tiH h ine( y 920 1p
lolls r r 1a � � tie
� OP Ye1i1 L'l�ta't?Fd
to be ar.0 remain in f-I11 o n tl n ` be vo-d, of rtivis:
ld , ,. �r. I "c eve_ f , 11 completion r s , d wore s '. l d the time for the c cn not°in °y v 1 v
This c
shall, he a co istruct o 1 {;e d -z or tnis bend.
1d the s1.1"'F.-_es on th 1x shall 110L be. ',o1C1 -rest o lsible, for th
maintenance and repair of the impriovem ,t after it 1l s beer,<f .)*cc? 1
shall be held responsible,#or th fa_it' > seron n - t ,but r y u h aetlec
ered' b cr c p. e �n th i Cr= a ' S. ? 0 s ., i rC:^
COv Y et (lilt .r •1. 1 ,.:, ...
Ti` fair !.?out€ 5 and <,i � this-
h df y of .................
The Aetn4' Casualt . , J>a1 .....:............. 19.20-
Y Surety (�fi McCready, Co�i,.t�eution Cq
L) ........................
Attorney in fao Grant
, .:.� �1L ..........--•---... McCready
The abovo:bo to ............... ..................... ....(SRAL)
tt� &f� cfi fltis,..., •28.thl................day of.....,._.. , ......:July .................. 19�0,.„
....
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Board of Public Works.
Plat of Oliver's 2n . Addition approved as fol..lows: --
The above Oliver's Second Addition is laid out on the following des-
cribed tract of Land: Beginning at the intersection of the north line of Indiana Avere
with the Western line of Prairie. Avenue; thence west along the north line of -Indiana
Ave. A d st;anc of 2549.51 feet t i the east line of Pulaski Street; thence north
along the east line of r'ulaski Street a distance of 517.6. feet to the southerly line
of the right of way of the N. J. I. & T. P..R. ; Thence east along the southerly
line of the right of way of the N. J. I. & I. R. R. to the west line of a 3` acre
tract heretofore conveyed to John Henry Iean by Warranty Dead recorded in Deed'Record
126, Page 267; thence south 357 feet along the west line of the above described tract
thence east 232.6 feet along the south line of the above descrbed tract to the.
westerly line of Prairie Avenue; thence south 29° 40' west along the westerly line
of Prairie Avenue a distance of 183.45 feet to the point of beginning.
The lots are numbered as shown on the plat.
The streets and alleys are here y dedicated to the public for public
use.
Witness our hands and seals this 28th. day of July 1920
OLIVER CHILLED PLOW WORKS
STATE OF INDIANA SS BY JOSEPH D. OLIVER
COUNTY OF ST. JOSEPH Prest.
Before me the undersigned a Notary Public in and for said County,
and State came Joseph D. Oliver and acknowledged the execution of the above plat.
Witness my hand and Notarial Seal this 28th. day of July 1920.
H. GA IL DAVTS
My Commissioner expires Sept. 7--1922. Notary Public
Approved by the Board of Public Works this '28th. day of July 1920.
G. A. ELLIOTT
Pres. of Board of Public
Forks.
President.