HomeMy WebLinkAbout05/01/1917 Board of Public Works Minutesto
Board met in regular session at 10: 00 A.M. All members present.
Bids were received opened and read for the following improvements.
BID ON KLINE AND CAMRT STREET PIPF SEWER.
b. H. Webster.
. �� inch p3e sewer, per � 1.�0
er lin ft............,............ 1.40
a a 'a
8 per lin ft........................ .50
.6 a a a ;,ar 1 in ft........................ .60
Manholes, per lin ft. in detth....................... 5.00
Manholes, curbs and covers, each......... ............. 12.00
Storm water inlets, each.......... ................... 5.00
Flush Tank, each.....................�.................110.00
Bid of Bruno De Peape
15 inch 1 11pe sewer per litr ft....................... 1.80
12 inch pipe sewer per lin ft..-, ............. 1.70
Sinch pipe sewer, per lir_ ft...................... .60
6 inch pipe sewer, per lin ft.................. .65
Manholes, per lin ft in depth.... .......4.50
Manholes, curbs and givers, each.......... 12.50
Storm water inlets, each ........................... 6 .50
B id of Hoban & Roach.
15 inch pipe
sewer,
per lin
ft....................
1.80
12 inch pipe
sewer,
per lin
ft....................
1.60
8 inch pipe
sewer,
per lin
ft.....................
.50
6 inch pipe
sewer,
per lin
ft......................
.65
Manholes, per ft. in depth.......
...
4.00
Manholes, curbs and
covers,
each .................
11.00
Storm water
inlets,
each ..........................
5.00
Bids were referred to the City Engineering Dept., for tabulation to be
reported on at 7:45 P.M. this 1st. day of May 1917.
Resp resentatives from the Rotary Club Good Roads Committee appeared
before the Board in regard to placing Lincoln Way hest in a passable Condition near the
city 1 imIts. This matter referred to the Street Commissioner for investigation.
Members pf the Registration Board ( fir. W. J. Mclnerny, D. Schurtz,
and H. F. Rost iser) appeared before the Board and requested that a room be provided for
registration purposes in the City Hall which will be held according to law from May
7th.91917 to October 8th.,1917. The Board took this matter under adivsement.
Property.owners appeared before the Board from River Park requesting
that the fire hydrants be -put ins on side _streets instea d of in on lawns on Mishawaka
Avenue. Mr. J. W. Toyne adivsed the Roa,rd that this work had already been put in,
so the Board decided to leave taps where already placed.
By unanimous consent of i,he Board the lamps posts and street car Co.
span poles be placed between sidewalk and property line on Mishawaka Avennaz, the poles
v to be flush with the edge of the sidewalk, as per recommendation of the City Engineer.
D. C. Leer appeared before the,Board in regard to pavement on Leer
Street, . stating that he was a property o-vner on said street, would like to have pave—
A,,-, went put in as soon as possible. The Board informed Mr. Leer that the contract would
be let soon for said improvement..
Mr. Leer also requested the Board to have the City pay for intersections
and extensions 4f same were put in by his contractor. The Board ordered that all the
extensions and -intersections should be put in by the City Contractor,
Cdntract for ripe: seer on Bowman. Street from South East Addition to
Leer Street was awarded to Hoban & Roach for prices received Friday April 27th.
1917.
Communication received from Central Union Tel. Company in regard to
dismantling pobes on Elwood Avenue for the summer. Same read and placed on file.
,,-dismantling
Petition received read and placed on file for a light on Prairie Ave.
at Highland Blvd.
Contractors .bond .for ,the amount of $1, 000.00 signed by Albert A.
Wagner as principal .and .United .States .Didelity & Gunaranty Company of Baltimore
was approved -by the -Board.
Agreement °sub °mftted •by Heber P. Harter to the Board in regard to
payment for street •intersections: , °The •szme °was referred to the City attorney to
be reported on at -7:°45 °P.°i . -this ° -1st.- -day 'of May °1917.
Pole and wire inspector report on complaint of pole on Angela Avenue
near right of way of t;he street car como
�pany. That This a an Indiana. & kichigan
. . .. a . . . o .
Elec . Co. pole No. 10138 B 71 and should be removed to the north about twenty feet.
Clerk instructed t°onotify-a-aild °e•ompaW of same.
°Indfai a -& 'Michfga;ri 'E1eotfic Company ordered to move pole which is in
the way of a sidewalk breing constructed in the alley west of Marine Street from
Indiana Avenues souClj, ,to _the north wes•'t corner of the first alley south of Indiana,.
Avenue. °
The following waiver submitted by Heber P. Harter was approved by the
Board.
STATE OF IND IANA ° :) ......
ST. JOSEPH COUNTY
To the Honorable Board of Public Works of the City of South Bend, Indiana:
k_,� .,. °� WAIVER OF NOTICE.
The undersigned,, being the owner of all of the property in the Sub
division known as Harter Heights First and Second Addition to the City of South
Bendm fully understanding that 'this Iforiorable Board of Public Works has passed a
preliminary resolution for the improving of all streets within said subdivision
with pavement made of concrete base and Bitoslag top, according to specifications
on file and bid made by Heber P. Harter; and wishing to avoid all unnecessary delay
in the starting of said work, h::reby waives all right to receive any and all notices
relative to the choice and selection of kinds of pavement to be placed upon the
streets within said subdivision, and requests said pavement contract to be let for
concrete base and Bitoslag top, and hereby waives any and all notices either
required by law or usually given by this Honorable Board after the passing of a
resolution to improve and the receiving of bids abd before the letting of a con-
tract for the actual paving of a street or streets; and requests this Honorablo
Board to let the contract for the paving of said streets at its earliest possible
date tb Heber P. Harter as per the terms of his bid oh file.. °
Dated this 1st. day of May 1917.
HARTER REALTY COMPANY` °
BY HEBER P. HARTER.
In regard to the awarding of contracts for pavements on Fuerbringer
Street, Calvert Street and Franklin Street, bids for same being received April 17th.,
and preliminary order made April 17th.,1917, this being the date set for final
-order designating kind of pavement, the Board after due consideration decided .to
defer all action on same until 7: 45 P.M. this 1st. day of Uay 1917- Petitions
received up to 10:00 A.M. April 28th.,1917 were continued until this time.
ft-blic Q PrOVA 6ntr'aict,''
fm
THIS AG-kEEMENT, Made and enteredinto -this_.__ _____19t
---------------------------------------- day
of --------- ----- Nay ---------- M ----------------------------------- im9--1-7-, by and between H. N. Barnes
ofthe County of ------- S tt_.�Jmt� ------------ -- ----and State of ---------Trid Uns - --------------- -------------
-------
(hereinafter referred to as the "Contractor"), - and the City of South Bend, in the Count-n--t-y- ---- o- f-
St. Joseph, and State oflriAiana, by and thriough, it-6 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 Indi-_
ana, ent
itled "An Act Co'ni-c-erning Municipal Corporations," approved March 6, i9o5, and all
amendatory and supplemental acts thereto:
Witnesseth 'that the contractor covenants and agrees to construct grade, curb and w
Gn o ing Avenue from kiami Street t 9,"W. -line of 0& k:-.-Park Add t ions ln,t7ae c1t
of Bend,, Ind ia na
at and mfor the following prices,-
2676 lin., feet of curbing, per lin ft. $.23
15>70 Cu, girds - of grading., per cu. yd.... .55
1:1,600 sq. ft#' cement walk, per sq., ft. 910 Oft We 0 09
and to perform all
of S work in the prosecution said improvement under andd-according to the terms and conditions
h. -A-917
of Improvement Resolution No. . ------ ------ 5D9 ----------- adopted by the Board of Public WorkSPA ; !Al __ . 11t------- -
and the plans, profile, and specifications on Lfile in the office of the Department of Public Works,, which said resolu-
Lion, Lplans, profile and specifications are made a part hereof as fully and effectually as if,copied and set out herein
at full length.
The contractor 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 all excavations and dangerous places, L and. will
use all due and proper precaution to prevent injury to any person or property; that in the event of any injury
or damage resulting from the work or resulting from any matter or thing connected therewith or arising there-
from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liabilitytherefor; and in the event of any claim or claims being made or any action or actions being brought against the
city by reason or on account of or growing out of said -Work or its construction, the said contractor will at his
own expense defend the an
d nd will'pay any judgment recovered therein, and will in all respects fully indemnify
and save -harmless said__City, its officers, agents o L r represent M atives from all cost, expense, payment or judgment
recovered in connection With Such claim or claims, action or actions. And if within ten days after, any such
action is begun, the city shall notify.the contractor of the pendency thereof, then any judgment rendered against
the city shall be -conclusive against the contractor and against the surety on his construction bond, as to the
amount, liability and other matters pertaining thereto.
And the contractor agrees to maintain: said improvemeAt and make such repairs as may be necessary for the
fixed period and in the manner as by the specifications, and to secure the maintenance and repair thereof to file
with -the Board of Public Works �a bond with su cient surety thereon and in an amount as fixed, by the specifi-
cations. And in doing such repair work the contractor and the Surety on his guarant ' bond Shall -abe-subject
L
to the.same liability to the city and any other person for any injury or damage to any personoor property in the'
same manner and to the same extent as -is fixed in the-lmt preceding paragraph covering the construction work.
And it is furthef.-agreed,hy and between said parties that the acceptance of the work provided for in: this
contract,,or the aym_ent thereof, shait'not constitute a waiver on the part of the city of any of the provisions of
this contract, riot shall it release said contractor or the sureties on his bond for the faithful performance thereof;
nor shall,the acceptaike be prima facie evidence of the performance of any provision of this contract, except to
the extent of entitling the contractor. to 'the contract L price therefor.
The contractor agrees to pay for all labor. and materials used or furnished to be used in the makingof such
_
improvexrient and in the performance of done or furnished Lfor him, o his agent; -assignee,
successor 01 , inay -reserve out;of J' y-6S-,dm-ate.in.,,avof- fA
or subc6ritr - ty , a 4nyallb*itfice, m_ 'a; e Q]
C r h o -t
-n%m-of -6. 4-Jhe.,ai�ounti L w6rYSo_.: .
letlon he,
5li
Board met in regular sesdion at 7:45 P.k. All members present.
v Hearing given on Vacation Resolution No.36 for vaeat ion of alley
between lots 22 and 23 in Original Plat of.,Lwell from Bridge Street to east Race, in
the City of South Bend, Indiana.
In the above matter Attorney Wm. Bergan appeared and objected to
said vacation but no written remonstrance was filed, and the Board therefore sustain
all former action taken and declare the above described property in all things rati-
fied c onf irmed and approved.
Resolved further that the City Engineer be instructed toprepare
a roll showing awards of damages and asessments of beneits to all parties and properties
interested in the bbove matter.
. Hearing had on Improvement Resolution No. 504 for pavement on
Niles Avenue from Howard Street to Leeper Avenue, In the City of South Bend, Indiana.
v In the above matter Attorney Drummond appeared against said improve-
ment and Attorney V. Jones for said improvement, but no written remonstrance wars filed.
ANdthe '.Board:being fully advised in the premises, decided that the benefits to
property liable to be assessed for said improvement are equal to the estimated cost
of the sa e, as re orted by the City Civil Eng ineex, and thereupon "takes final action
on said resolution as originally adonteu, and the same is hereby in all things rati-
fied c onf irmed and approved.
The Board reconsidered theta action on the above resolution for
paving Niles Avenue from Leeper Avenue to Napoleon Blvd. to Howard Street and decided
that the assessed valuation exceeded the estimated cost of the improvement and therefore
rejected said improvement.
Hearing given on Vacation Resolution No.35 for Vacation of South
Main Street from Jay Street to Ewing Avenue, in the City of South Bend, Indiana.
the above matter remonstrators appeared and no further remon-
strance was filed than one of March 28th. ,1917. Councilman Wm. Gobel appeared against
said vacation, representing property owners in sutth end of City, also Chester A.
Perkins and a number of other property owners appeared objecting to said vacation.
W. K. McHenry, Attorney A. G. Graham with ?sir. W. Ripple of the George Cutter Company
Attorney Vitus Jones, Herman A. Tohulka and Attorney Floyd Jellison appeared for
said vacation Attorney A. G. Graham representing Geo. Cutter Company, also fir.
Ripple of Geo. Cutter Company explained why the closing of South Main Street would
be necessary in order for them to build a factory or, property adjoing said Uain Street
which they would like to have;af or factory purposes.
The Board after due consideration-deodd4d to defer all action on
said resolution until Tuesday May 9th. ,1917 at 7: 45 P.M.
Hearin; had on Improvement Resolution No. 505 for pavement on
alleZ between lots 6 and 7 Burrough's Sub -Division of Bank Out Lots 115 and between
lots 56 and 57 in Henrl4k s & Grant's Addition from Marion Street to Navarre Street, in
v the City of South Bend, Indiana.
In the above matter remonstrators appearedbut no written remon-
strance , was filed. The Board having said matter under advisement find that Three resident
property owners appeared in person and remonstrated and the fourth property Mrs. Mary E.
Elbel represented by Attorney F. E. Lambert all objected to said improvement and the
Board decided that their objections should be sustained and that the resolution should
be and the same is hereby and ir' all things rescinded.
Hearing had on assessment roll and final estimate for pipe sewer
on` b�4Pherson Street from Thomas Street to Division Street, under Improvement Resolution
No. 477. In the City of South Bend, Indiana.
in th, above matter remonstrators appeared but no written remon-
strance was filed. The Board therefore find that the property assessed in said rolls
filed April 17th. ,1917 is benef itted in the amount of assessments as shown on said rolls
and the Board further find that the assessment rolls filed April 17th. ,1917 and the
final estimate allowed April 17th.,1917 should be and the same are hereby in all things
ratified,, c onf irmed and approved.
Hearing given on assessee sxt roll and final estimate for pipe sewer
on liner Street from Notre Dame Avenue ti St. Peter Street, under Improvement
Resolution No. 480. In the City of South Bend, Indiana.
In the above matter Wm. Bergan;appeared and objected to theamount
of dirt left on the street, but no written remonstrance was filed, The Board
therefore find hhat the property assessed in said Bolls filed.April 24th.,1917
is-benef tted in the amount of assessments as shown on said rolls, and the Board
further find that the assessment roll filed April 24th. ,1917 and the f inti .estimate
allowed,Xprit 24th.,1917 should be and the same are hereby in all things rati-
fied confirmed and approved.
Deferred hearing had on roll forawarde of damages and assessments of
benefits for the vacation of Scott Street from alley north of Leon Court to point
30 feet north of S. S. B. & S. Ry. Co. and Leon Court from Scott Street to ally
west ,of .Scott Street and alley north of Leon Court from Scott Street to alley west
of Scott Street , under Vacation Resolution No. 34. In -the City of South Beiid,
Ind isra. ,
In the above matter remonstrators appeared but no written remon-
strance was riled. Property owners objected to amount of damages allowed also
warted an outlet provided along Railway. The Board deferred all action on said
roll until Wednesday May 2nd. 1917 at 11:00 A.M.
Mr. Geo. M. Witwer was present at said session in regard to vacation
of said street and alleys.
f
The following agreement of Heber P. Harter approved by the Board.
A G R E E M E N T
THIS AGREEI-ENT, Made this 1st. day of May91917 by and between the
✓ Harter Realty Company, party of the first part and the City of South Bend, Indiana,
by -and through its Board of Public Works, party of the second part witnesseth:-
The.t,- khereas, the party of the first part is the owner of certain -
additions in the City of South Bend known as Harter Heights First and Second
Additions to said City, and that all the - lots and land in said Additions is owned by
the party of the first part; and said party of the first Dart desirestb have all
the - streets running through said add it ions paved, and, has petitioned the Board of
Public Works of the party Ofthe second part to have the same done and to save the
cost thereof assessed against the land in the form and manner as provided by law,
And, Whereas, the slid party of the second part does not now have
money sufficient in its intersection fund to pay all the cost of paving street
intersections, which cost would be assessed against the City;
Therefore, in consideration that°the said party of the second part,
through its Board, shall cause said streets to be paved during the year 1917, the
party of the first agrees to pay upon the completion of said work and the approval
of the assessment roll therefor, one-half of the cost of paving all street inter-
sections as aforesaid; or said Board may at its option assess -said onehhalf of the
cost of paving street intersection against the lots and lands of the party of the
first part in addition to other assessments to which such land is subject.
IN ;"ITNESS WHEREOF, the parties have hereunto set their hands on the
day and year first above mentioned.
HARTER REALTY COMPANY
BY HEBER P. HARTER
CITY OF SOUTH BEND, IND IANA.
BY E. K. MORRIS °
A'. H. RICE
JOHN B. ni BER
Board of Public Works.
Jr
The following final awards were made on the pavement on Calvert Street,
Franklin Street and Fuerbringer Street.
Concerning the improvement of the roadway of Calvert Street from Miami
Street to High Street in purusna,nce to resolution No. 489 the petition of freeholders
residing on said street is considered.( and the report of the City Engineer is received
and all evidence is heard) and the Board finds that said petitioners constitute a
majority in number of tie freeholders res id ing upon the street to be improved , that
said petition is sufficient and it is therefore considered, and adjudged that said improve-
ment be made with Trinidad Sheet Asphaltthe kind of pavement ` requested in said petition;
and the City Engineer reports that W. B. Brady Construction C ompa}pry is the lowest and
best bidder for as id kind of pavement, and the Board so finds, and lets the . c ontraet
for said improvement to him, and orders daid improvement to be made with Trinidad
Sheet Asphalt pavement aild all proceedings heretofore had in this matter are hereby
c onf irmed and rat if ied.
E . M. MORR IS
A H. R ICE
JOHN -B. :'WEBER
BOARD OF PUBLIC WORKS.
Dated this 1st, aay of May 1917. °
Concerning the improvement of the roadway of Fuehringer Street from
Cottage Grove Avenue to Sherman Avenue in pursuance to resolution No. 487, the petition
of freeholders res id ing on said street is considered ( and the r.PUort of the City
Engineer is rec a°ived and all evidence is heard,) and the Board finds that said petitioners
constitute a majority in number of the freeholders. res id ing upon the street to be
improved, thQt said petition is sufficient and it is therefore cons idered, and adjudged
that saidimprovement be made with Mexician. Sheet Asphalt the kind of pavement requested
in said petit ion; and the City Eng,Lneer reports that W. B. Brady Construction Company
is the lowest and best bidder for stddkind of pavement, and -the Board so finds, and lets
the contract for said improvement to him, and orders that said improvement to • be made
with Mexic ian Sheet Asrhalt pavement and all proceedings heretofore had in this matter
are hereby c onf irmed and ratified.
Daibed this lst. day of May 1917.
E . M. MORR IS
A. H. RICE
JOHN B.WEBER
BOIiRD OF PUBLIC WORKS
In regard to the kind of pavement on Franklin Street, Miss Jessica
Pond and Mr.M. Staley representins the Fabric Roll Protector Company and McHenry-Millhouse
Mfg. Companies, appeared and requested that Franklin Street be paved with Mexican Asphalt4
Concerning the improvement of the roadway of Franklin Street from
Indiana. Avenue to Calvert Street in purusuance to Resolution No. 488, the petition of
freeholders residing on said street is considered ( amd the report of the City Engineer
is received and all evidence is heard) and the Board finds that said petitioners con-
stitute a majority in number of the freeholders residing upon the street to be improved
that said petition is suffis ient and it is therefore c oadidered, and adjudged tha*„ said
improvement be made with Mexican Sheet Asphalt the kind of pavement rwquested
in said petitions and th City Engineer reports that W. B. Brady Construction Company is the
loest and best bidder for said kind of pavement, and the Board so f i_nds, and lets the
contract for said improvement to him, and orders said improvement to be made with Mexican
Sheet Asphalt pavement and all prodeedings heretofore had in this matter are hereby
c onf armed and rat if ied.
Dated this 1st. day of May 1917.
E . M. Mo RR IS
A. H. RICE
JOHN B. WMR
BOARD OF PUBLIC WORKS.
Awarding of contract for pavements in Harter Heights Add it ion.,
deferred until Wednesday May 2nd.1917 at 11:00 A.M.
524
Contractof ro pipe sewer on Kline and
Calvert Street from ItIx
Lincoln Way East to Vernon Street under
Improvement
Resolution No. 448 awarded
to L. H. Webster for the amount of $4,097.80.
Tke following claims were presented
to
the Board.
Engineering Dept .
#345
$ 241.25
United States Blue Print Co.
#346
11.39
Ciralsky
#347
4.32
Fisk Rubber Co
#348
.25
G. R. Kinney Co.
#349
6.69
Sibley kaekine` Tool Co.
#350
26.43
Bart E. Klysyt
#351
.60
The Ellsworth Store
#352
3.30
Harvey L. Hager
#353
6.00
George Hake
#354
9.75.
Welsback Street Lighting Co.
#355
50.67
City Cemetery Dept
#356
120.29
Ben Neddo
#357
8.00
C. H. De Frees
#358
8.91
Tke'Soutk Bend Home Tel. Co.
#359
6.00
C. A. Perkins
#360
2.00
Bailey & Elliott Printing Go.
#361
13.50
—8
519.35
All of the above cladms were
approved
by tke Board.
President.
u