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HomeMy WebLinkAbout05/03/1917 Board of Public Works Special Meeting Minutes532 Board met in spleial session at 5:00 P.M.. All members pre3ent. The Board ordered that the Street Commissioner oil South Uichigan Street, also Lincoln ?day ;West just as soon as the street was improved. Petition ✓ Received from residents of -south Uichigan Street, same read and placed or. file. Petition for a sidewalk and curb on Miami Street from Ewing Avenue to alley north, and on High Street from Bowman Street to Ewing Avenue. Same were referred to the City Engineer for a report. Board awarded contract for pavement on streets ,and alleys in Harter Heights Addition to Hber P. Harter with understanding that contract and bond be drawn in name of Harter Realty Company or assigned' -to Williston Construction Co. before same will be approved by the Board. ° At Mr. J. W. Toynes request the Board ordered that the water main be laid on BQvman Street in Southlawn Addition, . onlyU when men are working out there. �✓ , The following report ° of the City Engineer .vas ' approved by the Board. URY 1st . ,191'7. To the Honorable Board of Public Works, South Bend, Indiana. Dear Sir " Tl.e Western Construction Company have completed their Uichigan Street paving contract, and I.therefQre recommend that the money due them, which is being held back by the Comptroller at the request of the: Board of Public Works, .be release ind paid to the Western Construction Co. Yours very truly, FREDERICK J. ANDERSON, City Engineer. STREET OR ALLEY I PROVE+;ENT RESOLUTION NO. 520. ° Be It Resolved by the Board of Pu blic Works of the City of South Bend, St. Joseph County, State of Indiana., that it is desired and deemed necessary to 1V improve the °first alley north of Washington Avenue from William Street to Taylor Street as follows, to -wit: - By grading and° paving the roadway , also grading and paving the roadways of all intersecting and entering streets and alleys lying within the p6roperty lines of said alley not included in the roadways; by paving said readways with either asphalt, asphaltic concrete, Bitulithic or brick laid on a five (5) inch portland cement concrete foundation, or brick laid on a six " (6)-inch rolled gravel foundation; or by constructing a portland cement concrete pavement 7 inches 6n de-)th; by placing the necessary marginal cement curb ; placing all manholes, nd inlets to the proper grade, by constructing cement curb where is is'ziot-,already c. onstructedl':€�nd the' construction :cif the 'necessary. storm water inlets and conduits. All as shown on hhe plans and in accordance with the profiles, detail drawings and specifications on file in the office of the Department of Public Works of the City of South Bend, Indiana. The cost of the improvement herein provided for, except street and alley intersections, shall be paid by special assessment -to be levied upon the property specially benef itted, °to the amount that the same may be legally assessed therefor in accordance with an Act of the General Assembly of the State of Indiana, entitled, " An Act Concerning Municipal Corporations, " approved March 6,1905, and in accord- ance with and pursuant to the provisions of dull acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which run intom but do not cross said roadways herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon pro- perty not subject to such assessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 108 of the above entitled Act. 533 As.sessrents of ten dollars and more against each last, if deferred are to be paid in ten equal annual installments, with interest at the rate : of Six per cent par annum A bond or bonds will be issued to the contractor to the amount of such defer7d assessments in pro rat& payment for such improvement. 1 Under no-3ircunstances shall the City of South Bend be, or be held res pons ib-le'�or any scum or sums due from said property owner or owners for said work or f or the c ollect ion of the same, or f or the: payment of any bond, bondsm certificate or certificates, issued to said contractor in payment for such work, except for such moneys as shall have actually been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto required to pay. All proceedings had, and work done in the making of said impr ovement , assessment of property, collection of assessments and issuance of bonds therefor, shall be as pr ov ided for in said above entitled Act, and Acts amendatory thereof and supplemental thereto. BE IT FURTHER RESOLVED That the Board of Public Works f ix the 29th. day of May 1917 at the hour of 7:45 P.M. at the office, of the Board of Public Works, of this City, as the time and glace for the public consideration of said pro- posed improvements at which said Board of Public Works will hear all persons interested or Those property is liable to be assessed for said improvement, and will decide whether th; benefit to the property liable to be assessed for raid improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED, That notice of the time and place of such public consideration be published and mailed In the manner provided by law. Notice of this resolution shall be published on the 5th. day of M.ay 1917 and on the 12th. day of May 1917. in the South Bend Daily Tr ibune , . Adopted this 3rd. day of May 1917. E . R. MORR IS p . „ > B OARD OF PUBLIC WORKS. A H . RICE JOHN B. WEBER Attested: - Veronica C. Sweeney, Clerk of the Board. Hearing given on rolls of awards of damag es and assessments of bene- fits for the vacation of Scott Street from ai ley north of Lean Court to point 30 feet north of S.S. B.&S. Ry. Co. and Leon Court from Scott Street to alley west of Scott Street, and alley north of Leon Court from Scott Street to alley west of Scott Street, und-L ,yecation. _: Resolution No. 34, In the City of South Bend, Indiana. In the above matter no futhher remonstrator;; appeared and no written remonstrance was filed. The Board therefore declare that the roll filed March 26th., 1917 should be modified and each property owner damages increased $10,00 making a total damage to each of Twenty 0$20.00)Dolla.rs making the Studebaker Corporation a benefit to be paid OfTlkr6ehundred and Two Dollars and fifty cents ( 3p2.50), and the same is hereby ratified,, confirmed and approved as here inbelowx described. PART VACATED, Beginning at a point 14 feet north of the northeast corner of lot 6 in Raff's First Addition to' South Bend; thence south on the west line of Scott Street to a point 30 feet north of the southeast corn:3r of lot 7 in said addition; thence east 20 feet to the east line of Scott Street; thence north on the east line of Scott Street to a point 20 feet east of the place of beginning. thence west 20 feet to the place of beginning. Also beginning at the southeast corner of lot 6 in Raff's FrUt Addition to South Bend; thence west 123.6 feet to the southwest corner of said lot 6 thence south 40 feet to the northwest corner of lot 7 in said Addition; thence east.123.6 feet to the north east corner of said lot 7 thence north 40 feet to the place of beginning. Also beginning at the northeast corner of lot 6 in Raff's Dirst Addition to South Bend; thence north 14 feet to the north line of alley; thence west on the north line of alley 123.6 feet; thence south 14 feet to the north vest corner of said lot 6 thence east 123.6 feet to the place of beginning. THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICALLY AFFECTED. Damages Benefits Net Damages Net Benefits. All of lot 6 Raff's First Add. The Studebaker Corporation 100. 00 $100.00 No.257 ft. of lot 7 do. do do do do 100`00 100.00 So. 30 ft. of lot 7 do do doTerre Fi%ute & Tsoawn.srort See page 531 for baleeof roll, ilway Co. 00.00 00000 00. o _ 0000 of the County of ---------------- st-•---jos_eph --------------- and State of---------Ind_iana---------------=-------------- (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 Indi- ana, entitled "An Act Concerning Municipal Corporations;" approved March 6, 19o5, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to cons true t sewer in Bowman Street from South East Addition. to Leer :Streetm in the City of South B end, Ind iena. at and for the following prices :- 225 lin. ft. of 12" pipe sewer, per lin ft............. 1.60 340 lin. ft. of 10" pipe sewer, per lin ft............. 1.4o 100 lin. ft. of 8" pipe sewer, per_ lin ft. ............ .45 400 tin. ft of 6 pipe sewer., per lin ft. .50 22 manholes, per lin ft...........:.................... 4.00 4 storm waster grates, each ........... ..... .......... 5.00 2 manholes, curbs and careers.. each........... ...... ..11.00 and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Irqprovement Resolution No.----------516------------- adopted by the Board of Public Works Air it-- 24 -1917 and the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu- tion, plans, 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, 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 liability therefor; 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 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 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 bonds as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with sufficient 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 guarantee bond shall be subject to the same liability to the city and any other person for any injury or:,damage to any person or property in the same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work. And it .is further agreed by and between said parties that the acceptance'of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance 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 . t 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, his assigns, or out of the amount due_ him or his assigns upon the completion of the work, so, ff much'as may- be his, to pay` all laborers or material men for. amounts. -:due them for work done or materials f used o"r furnished to be used. -in the perforinance.of this contract and the doing of sa d-work, and the county freas- urer, acting sas city,treasurer,inay, retain money collected from property°owners a-ssessed for said improvement to pay such debts or until.the contractor shows that they: have.been paid or satisfied. i MEIM�WMTIAMM9_M:741 "� -- 'lVe contractor agrees to remove all rubbish, earth, and unused material in the streets or, sides thereof upon the completion of the improvement. or the repairing thereof. The work of making such improvement ,shall be completed according to the terms of this contract on or before the I------- - -day of ---------- --- ----- --- ----- --- - -- 19-------- unless the time for the completion of the same shall be extended in writing by the Board of Public Works. And it is agre-- that any such extension of time, or any alteration of this contract or of the manner or method of doing �iereun ch It shall in no way- affect the duties, obligations or liabilities of the contractor or his sureties. Is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done er, without the written consent of the Board of Public Works. It is urther agreed and stipulated that the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for- feit 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 per- formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor. in .the, manned fixed .,b.y.the statute governing the making of such improvements. 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 re- spective successor or assigns of°such parties. IN TESTJMONY. WtlFREQF, We,, the foregoing named parties, hereunto set our hands this-------- Irz------- ------daY,of-------- Y - 19----- 1-- .. ......... ntrarr--& - keac-h---------------------- -- - -------- CITY OF SOUTH'' BEND, ` INDIANA� BY ---------- E-• --- 1.--mormia---------------------- ------ ------- �; - ------ ----- Contractor. ------------------------------------------------------------ Its Board of Public; Works. - 'CONSTRUCTION BOND Know all men by these presents; That we--------- -------- ©bay--&--R-aa,eh----------------- of the County of Si . os��} b State OL—.-- --- Indians- - ------------------ - as. princi pal, and ------ Azar- iea;n-=Su Cent `a- of--- New --- Yark --------------------------- -- ---------------- of 'the `County of--- - --------------------------- -- --and State of as sureties, are held and firmly bound to the City of South Bend,Indiana, in the sum of ------- ,_ ---—_.__....,._....._._.___._, _ -S-ix---hd�®d--a<�.d---���t� --s-lam-- ,...,.Dollars ($ 62 .00 ) for the. payment of which -well and •truly to be made, we jointly and severally bWourselves, our heirs, executors, administrators ,and assigns,; fitinly by these presents.' The conditions of the obligation are such that if ;the above named___:_____ _________ -_-___--____- -- Hoban &-Rea,eh----------- - -------- shall faithfully comply with the foregoing contract, made. and entered into the-- - _ _ y I 9 ------ f- - 8t da of -- - 3�` - �3.� with the City, of South Bend; Indiana, and shall fulfill all the conditions -,and stipulations therein contained, according to the true intent and meaning thereof, in all respects, then this obligation to be -void, :otherwise to be and remainin full force and virtue in law. In the event the said City 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 construction 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 such sureties shall be held responsible for the faithful compliance; with all other conditions, stipulations and requirements edveied by or set out in the contract. WITNESS our hands and seals this _-=-__-._'� irs�-------__ - -day of -------------limey ------------- 19---7 Amer_ican__E.iira_t_X--- Clompariyr--of-__NP_w--- I'fS L)------ Rob an- R41aoh ------ ----- - ---- (SEAL) by Frances, E. Lambert. -` = ° 'S- -AL) ---- b7--M. - JJ - Roach--- - ------ ---(SEAL) I t s d- V-Vie e _ P-r - , id Attu Hu , 1 has . R-a s t. Seer. �he a%ove onci aplirovec Iris -- r -------- - day of ------ -� --- - ---- 19 d. ----- BA 1. MQIRIE------------------ ----- -- --- ---