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HomeMy WebLinkAbout06/05/1917 Board of Public Works MinutesPIN Board met in regular session at 10:00 A.M. All members present. a Bids were received, opened and read as follows: - Bid on Pavement on 2nd. alley west of Lafayette Blvd. from Colfax Avenue to Lincoln Way West. B id of H. N. Barnes ° Seven inches concrete pavement , per sq. yd.......,...............1.44 Resetting manholes, each .......................................... 2.00 Pipe sewer on Donald Street from Miami Street to East line of South E. Add. Bid of Bruno De Pea,pe ' 12 inch pipe sewer, er lin ft.........:..:........:...............$1,65 10 inch pipe sewer, per lin ft.......... .......................... 1.50 8 inch pipe sewer, per in ft...................................... .60 6 inch pipe sewer, per lin ft..................................... .70 Manholes,_ per lin ft. in depth ................°.,................... 4.50 Manholes,, curbs and covers, each...................................14.00 Storm water inlets complete........... 8.00 B id of Roba,n & Roach. 12 inch pipe sewer, per lin ft....................°......:......... 1.65 10 inch pipe sewer, per lin ft..................................... 1.50 8 inch pipe sewer, per lin ft..... .50 6 inch pipe sewer, per lin ft..................................°.... .65 Manholes,' per ft. in depth ..................... 0..................... 4.00 Manholes,' curbs and covers, each..'.................. 0.............. 12.00 Storm water inlets, each... ................ 6.00 ri Bid of Staples & Aekermaipe sewer on Leer Street from Calvert to Ewing Ave. 18 inch pipe sewer, per lin ft............................,..°...... 2.15 3 jIT, ah pipe sewer, per lin ft..................................... 1.95 8 inch .pipe sewer, per lin ft................................... .55 6 inch pipe sewer, -per lin ft........................ ........... .70 Manholes, per ft'. in depth, ........................... 4.00 Manholes, curbs and covers, each .................................. 12.00_ Storm water inlets, each .......................................... 5.00 Pipe sewer on Donald Street. Bid of Staples & Ackerman . 12 inch pipe sewer, per lin ft...,........................... .... 1.70 10 inch pipe sewer, per lin ft......................9............ 1.50 / 8 inch pine sewer, per lin ft.........................0......... .55 v 6 inch pipe sewer , per lin dt................................... .70 Manholes,, per ft. in depth ....................................... 4.00 Manholes, curbs and covers, each.............................0... 12.00 Storm water inlets, each ........................................... 5.00 All of the above bids were referred to the City Engineer for tabulation to be reported at 7:,35.P.M. this 5th. day of June 1917. bar. C. W. Clapp appeared before the Board and requested permission to have sewer on Dayton Street extended from Marine Street to the alley east. Permissinn was granted to Mr. C. W, @lapp , with understanding that the same was to be under the supervision of the City Engineer and Mr. C. W. Clapp was to pay the cost of said extension. Mr. Courtland P, Du Comb appeared before the Board and filed petition for rebate on water meter. The same was referred to the City Water Department (� for investigation. The Beard ordered that a clock be purchased for.the Park Board office ,11 from Chas. M. Schuekl at price submitted in bid at....................$7.50. The Board instructed the Street Commissioner to order L. H. VanderKa.rr Contractor on Street Asphalt repair work, to start on asphalt repair work in the city at one a. _ 615 The following communication was received from Chicago, South Bend & Northern Ind iana' Ry. Company. Same read and placed ' on ,file . F ile 80 June 4,1917. Board i6f Works, C it y of S out h Bend, ind is ram, . Gentlemen: - For your information wish to advise that we have all the material excepting the rk it 'joints for "the North Side Mishawaka Avenue paving. The rail joints were shipped on May 25th. and 28th, respectively, from Steeltown, Pa. We are therefore ready to begin work immediately. This for your inf ormat ion. FIH-- R. Yours: very truly, F. I. HARDY, Generell Manager. The Following letter was ordered sent to the Central Union Telephone C ompanys at S ou3lhBand, Indiana, in care of E . W. Lindsey, Foreman Underground work. Gentlemen: -- .The Pole and Wire Inspector has reported to us that it is necessary t o-_c om-olete the underground work in the alley between Division S ;,reet and Monroe Street and Michigan Street and St. Joseph Street south to Monroe Street thence east to Fellows Street to the first alley. The City has its material purchased for this work, and it is necessary for you to have your part of work done so that the City can finish �hierwork. That your requis it ion placed on f ile August 17th. 91915 which -the Board accepted , granted you permission to do this work. Very truly, BOARD OF PUBLIC WORKS. Copy also sent to Ind iana p o 1 is , ind is na . Excavation bond for the sum of One Thousand ($1, 000.00)Dollars signed by the Central Union Telephone Company, was approved by the Board. Engineer filed assessment roll and final .estimate for Grading and Graved roadway on Pokagon Street from Tecumseh Avenue to Michigan Central Railway Company, 1"" Under Improvement Resolution No. 419. In the City of South Bend, Indiana. Resolved, that notices as to the smounts of assessments be published for six consecutive days in the South Bend Daily Tribune, c ommenc ing on the llth. day of June 1917 stating that this Board will give a' hear ing on the amount of such assessments at its off ie a in the City Hall on the 26th. day of June 1917 at 7:45 P.M. Resolved further, that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the llth. day of June 1917 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the 26th. day of June 1917 at 7:45 P.M. Engineer filed assessment roll and final estimate for water connections on Corby Street from Niles Avenue to St. Louise Blvd. under Improvement Resolution No. 498. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments as required by law be published on the llth. day of. June 1917 and on the 18th. day of June 1917 in. the South Bend Daily Tribune, stat iag that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 26th. day of June 1917 at 7:45 P.Ui. Resolved further, that the entire work under the above contracts be a cepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the llth. day of June 1917 and ea the 18th. day of June 1917 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the 26th. day of June 1911 at 7:45 P.M. Cemetery Sexton filed financial report for the month of MRY J917 Same was read and pla;eed 'on file. The following communication was received from the Board of Public Safety with .Chief of Police M. F. Kerr's communication attached, as follows: - June 2nd.1917. HONORABLE BOARD OF PUBLIC WORKS, of the City of South Bend, Indiana. Gentlemen.: - / Attached kindly find recommendation of Chief of Police Milliard F. Kerr !' presented to the Board of Public Safety, at its meeting held Friday morning, June 1st., which at the Instruction of the Board, I- am referring to 'your Honorable Body, with the request that you install a light over the traffic Officers located at the corner of Main and Washington Streets and the porner of Michigan and leff'erson Streets, similiar to the one now in use at the Corner of Washington and Michigan Street, which has provdd out very satisfactory. The Board and Chief-L"Of Police have received complaints from both the Traffic Officers and drivers of vehicles that at night it is very hard for them to see each other signals. Trusting that your Snn.orable Body till act,favora,bley on this recom- mendation at the very early futttrsY I am, To the Honorable Board of Public Safety. Yours very truly, HARRY E. JOSEPH&QN, clerk of the Board of Public Safety. May P191917, of the City of South Bend, Indiana. a Gentlemen: - I beg to call your attint ion against to the matter of placing a light of some kind over the traffic officers at the corner of Main and Washington Streets; and the corner of Michigan and Jefferson Streets, so that the dirvers of vehicles can see the traffic Officers and understand the signals that the traffic Officers give. _ Yours respectfully, kILLIARD F. KERR MFK/CB ° Chief of Police. The Board took up this matter with F. I. Hardy of the Chicago, South' Bend & Northern Indiana Ry. Company, and he reported that he thought this would be O.K. to place another light, but would have his wire men investigate and report same during the day. May 1917. Building Commissioner filed with the Board report for the month of RESOLUTION FOR SERVICE CONNECTIONS WITH MA M. No. 528. WHEREAS, the Board of Public Works of the Ninth day Of May 1917 did / adopt a resolut ion ordering and requiring the permanent improvement of Milton Aienue V from Ma imi Street to High Street, by paving the roadway of the same, and WHEREASIX the City Engineer has prepared and filed in the Office of this Board a report showing the number and location of the service pipes, mains, conduitip laterals, and connectionm which are, or will be necessary to accommodate the abuttig property and the owners thereof with gas, water, sewer, and other conveniences and necessaries; and also sa-id City Civil Engineer has pre -tired and filed in said office specifications showing the material to be used and the manner of laying said ser- vice pipes, mains, conduits, laterals and connections from the mains to the paints inside of the curb lines. ° THEREFORE, be it resolved by the Board of Public Works of the City of South Bend, Indiana that the report of the City Civil Engineer is adopted, and said report and the s pec if ica ions prepared and filed by him are made a part of this reslut ion as fully and effectually as if copied herein at full length; and it is further ordered Uhat all of such private connections with the sewer, gas and water mains be made in said street by bringing them inside of the curb lines thereof. And be it further resolved that n.ot is q by publication for two successive days in the South Bend Tribune, a newspaper of general c irculat ion printed and published in the City of South Bend, Indiana, be given to hhe owners of the property abutting upon said street to be improved direciin_ them to make such sewer and water connections or before the 30th. day of June 1917 and that it said connect ins are not made on or be- fore said time and in accordance with the spec if icat ions and report on file in the office of the Board of Public Works, then said Board will cause the same to be made and will assess the cost thereof against the property abutting upon said street, and shall do all other things pertaining thereto according to the provisions and requirements of Ord inanew ' No. 1842 ad op#ed by the Common C ounc it of the City of South Bend on July 24, 1916. and of all other ord inane es and laws relating thereto., And , , be ithfurther resolved and ordered that after 20 day period has e- lapsed for the making of said connections, by the property owners, a notice shall be published for two weeks, once each week, in the South Bend Tribune, a, newspaper of general circulation published in said City, requesting bids from contractors for the making of such c onneet ions as have not been made by the property owners, and such notice shall fix a 'day, not earlier then ten days after the first of such publ icat io z, when bids shall be opened and a contract let for -the doing; of said work. on. And be it further ordered that the Northern Indiana Gas and Electric Co. which holds a franchise from, and # empowered by said City to furnish art if ical gas to the c it izens thereof, and is engaged in said business in said City, is hereby directed to make .and install all service connections with its mains in said street in accordance with the provisions of Ordinances No. 1555, adopted June 27th . ,1910, and such other ordinances of laws applicable thereto; which connections are shown upon the report of the City Civil.Engineer, and .which are hereby declared to be necessary in supplying gas to the owners of property abutting upon said street. Adopted this 5th. day of June 1917. E. M. MORR IS A. H. RICE JOHN B. WEBER. Published June llth. and June 12th. ,1917. Expiration June 30th. ,1917.` REPORT OF THE CITY CIVIL ENGINEER. TO THE BOP"RD OF PUBLIC WORKS OF SOUTH BEND IND IANA. Gent lemen: - I herewith report to you that before Milton Street from Miami Street to High Street is permanently improved by paving the same, the following private connections with sewer, gas and water mains in said steet should be made by bringing and constructing them inside of the curb line of said street, and I further report that I have filed in your office spef is iat ions showing the material to be used and the manner of laying all such service pipes and making said connections. Description of real estate abutting on street. Part of lot No. lot. Name of Addition or No. ft. All of lot 45 South E. Add. 120 All of lot 47 Do do 40 All of lot 48 do do 40 All of lot 49 de do 40 All of lot 50 do do 40 Mast 40 ft. lot 51 do do 40 W WE. 40 ft. lot 51 do do 40 80 feet. 2. 4o ft*. lot 51 E. 40 ft. lot 53 W.40 ft. of E. 80 ft. lot 53 frt. Name owner Gas Mary E. Gask ill 1 Nary E. Gaskill 1 Josephus Wainscottl Josephus Wainscottl Chas. E. & Grawe M. Wilson 1 Guilford M. & Mary F. Ream 1 Danile E. & Janetta Reed. 1 do do 40 Gordie Roseb-erry 1 do do 40 Johr Y. & Berth H Steffee _ do do 40 Dayton D. Mangus 1 Water sewer. 1 1 1 1 W. 40 ft. lot 53 SouthE. Add. 40 Edward & Matilda Dinh l 1 All of lot 55 do do 40 Edward & Matilda, Dish 1 0 All of lot 56 do do 40 Thaddeus S. Riddle 1 1 All of lot 57 do do 40 Alice C. Ward 1 0 All. of lot 58 do do 40 Josephine Marion 1 1 All of lot 59, , do do 40 ° Josephine Mar ion 1 1 All of lot 60 do, do 40 Eliza Ebberson 1 l All of lot 61 do do 40 Philip C. Foeckler 1 0 All of lot 62 do do 40 John Sief er 1 0 All of let 63 do do 40 Delia Sager 1 0 All of lot 64 do do 40 Chas. E. & Edna L. Kershnerl 0 All of lot 65 do do 40 Henry C. &- E$rta R. He inzman 1 0 All of lot 66 do do 40 George J. Duncan 1° 1 Beginning at the intersection of the east line of High Street and the south line of Dayton Street; thence. east ,to the west line of. the first alley east of High Street; thence south to the north ° -line of Milton Street.; thence west to the east line of High Street; thence north to the place of beginning. George Beyler 4 4 All of.bot 23 South East Add. 40.6 Edith M. Talbot & Minnie E. Talbot 1. 1 All of lot 24 do do 40 George E. & Clara U. Shar p 1 0 All of lot 25 do do 40 Charles Weidler 1 1 -All of lot 26 do do 40 Ruth E. Ebersole 1 0 All of lot 27 do do 40 Union Trust Co. 1 0 All of lot 28 do do 40 Frank & Katherine Stepper 1 0 All of lot 29 do do 39 Thaddieus S. Riddle 1 0 All of lot 30 do do 39 Joseph C. Paxton 1 1 All of lot 31 do do 39- Roy J. Micheal 1 0 All of lot 32 do do 39 Charles Widler 1 1 All of lot 33 do do 39 Bert Martin 1 0 All of lot 34, do do 39 Anna Barron Doan 1 1 All of lot 35 do_ do 39 Williard A. Robertson 1 1 All of lot 36 do do 40 Fred W. Keller 1 0 All of lot 37 do do 40 Harley D. & Letha C. Storer 1 0 All of lot 38 do do 40 Lucretia J. Reinebold 1 1 All of lot 39 do do •40 Harriet E. Keller 1 0 All of lot 40 do do 40 Julius C: Kammirer 1 1 All of lot 41 do do .40 Anna Thompson 1 0 All of lot 44 do do 132 S®villa Robb 1 1 FREDERICK J. ANDERSUN City Civil Engineer of South Bend, Indiana. ` President. Bard met in regular session at 7:45 P.M. All members present. Hear ink; g ive n on Vacat ion Res olut ion No. 39 f or Vacat ion of a pert of Leer Court from.Kline Street to Caroline Street, in the' City of South Bend, -lead Ja ha . In the above matter no remonstrators appeared and no wirbten remon-► s trar4e was f iled •, the Be rd theref ore s usta in a 11 f ormer act ion taken and dec lare the 6,b ove described property in & 11 things. v"ated and this resolution in all things rat if ied , c onf irmed and i�'bvd j. Res olved further. that the City C iv it Engineer be instructed to prepare 02 a roll showing a wards of daraps and assessments of benef its to %f11 parties and properties interested ii theab ove ' matter . Hearing had on'Improvement Resolution No. 522 for the Pavement on Milton Avenue from Miami Street to High Street, In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance 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 estimated cost of the same, as reported by the City Civil Engineer, and there- upon takes final action on said resolution as originally adopted, and the same is hereby in all things ratifieid, confirmed and approved . Resolved further, that notices be published on the 7th. day of June 1917 and on the 14th. day of June 1917 in a newspaper of general circulation in said City,, stating that this Board will receive bids for the construction of said improve- u- to 10: 00 A.M. on the 19th. day of June 1917. The Board reserves the right to reject any and all bids. Deferred hearing had can Pavement on lst. alley north of Washington v Avenue from Taylor Street to William Street, under Improvement Resolution'No. 520. In the City of South Bend, Indiana. In the above matter property owners appeared and remonstrated against said improvement, Attorney Stuart McKibbin respresenting property owners against said improvement appeared, but no written remonstrance was filed. Mr. C. Studebaker and Mr.-& Mrs. Hamilton appeared for said improvement. The Board after due consideration decided to defer all action on said resolution unil Tuesday July 3rd.1917 at 7: 45 P.M. ° Attorney Vitus Jones appeared before the Board in regard to ex- cavation bond for Hater Realty Company, also pavement on Niles Avenue. The City Engineer filed reports on petitions f 1l ed der grade, curbs and walks., recommending that the same be graded as follows: - Grade, curb and walk on Leer Street from Calvert Street to Ewing Ave. Cement walk and curb on west side of Miami Street from alley north Hof Donald Street to Ewing Avenue and constructing pavement on Miami Street from Fox Street to Ewing Avenue. Grade curb and walk on High Street from Bowman Street to'Ewing Ave., Grade, curb and walk on 17th. Street from Mishawaka Avenue to Grand ,i Trunk Western Ry. Grade, curb and walk on Fox Street from Miami Street to West line of Oak Park Addition. All of the above were approved by the Board and referred to the City Engineer for resolutions. Engineer recommended that more signatures should be obtained on petition on pavement on Fellows Street from Sample Street to Indiana Avenue. City Engineer submitted tabulation of bids received at 10:00 this 5th. day of -June ,1917 for pipe sewer on Leer Street from Calvert Street to Ewing Avenue. The Board finds that all bids received at above stated time are above the estimated cost of said improvement(eetimated cost 03 450.00) total of bid $39775.70. The Beard after due consideration rejected all bids and all proceedings under Improvement Resolu- tion No. 519, afid ordered and adopted new resolution for pipe sewer on Leer Street from Calvert Street to Ewing Avenue. T_ Plat oaf D. M. - Shiveley Add it ion to South --Bends Indianasurveyed and platted by Geo. K-0- Leslie, , C. E. was approved by the Board as follows: This Plat 'of* lots- is" owned by 'the Di' M. Shively Estate in . corporated is named and shall be known'as the D*- - lid. `'Shively Addition. '- It situated in t-he City of South Bend, St. Joseph County, Indiana and is described as follows: - sixty (60) acres taken off of the east end' of the south half Azzin of - the southeast-guarter (j),of Section No,. 14 Tp, 37 9 North Rogge No'. 2 East, excepting two and one half C'41) acres, in the he I N. W. Norner," twenty (20) rods East and West by twenty (20) rods north and -South on which isllaid out'Creedts Addition to the Twon of, Myler excepting also all public streets andalleys now, d-fo r publicuse, all lots are numbered, and the dimensions of the same also ghe streets and alleys in this plat are hereby dedicated to the public for public'use, For further and more completi information reference is hereby made to the plat and the lots, words and figures herein contained, IN WITNESS WHEREOF, the D., M. Shively estate, a corporation by its President D. M. Shively and by its Secretary, Albert A. Fulk, have hereunto set -their names and affixed the seal of said company,'this 22nd. day Of May 1917* D-11. M. SHIVELYs Pres. #LBERT A. FULK Secy. STATE OF INFIANA SS ST. JOSEPH COUNTY Personally appeared before me, the undersigned a Notary Public in, and for said Coutny, D. M. Shively as President and Albobt A. Fulk as Secretary .of the D. M. Shively Estate, a Corporation and on behalf of said Company, acbneivIedged the execution of this plat of lots, and specifications for the uses and purposes herein.expressed this the 22nd. day of May 1917. VERNON C. HASTINGS, Notary Public. My COmmission expires, January 15,1918. Partial estimate allowed H. L. Davis, on grade, curb and walk on Donald Street from Miami Street to High Street Building Commissioner was instructed to have front doers -of the City Hall repaired. LOCAL 'SEWER -II&PROVEMENT RESOLUTION NO. 526. C// RESOLVED by the Board -of Public Works of the City of South Bend, Bend,_Coutty.of St. Joseph, State of Indiana, That the. construction of a local sewers intnended and adapted only for local use by the property holders wheat property abuts thereon, and not intended or adapted for'receivim,; sewerage from collateral drains, be and the same is,, hereby ordered in and along Leer Street fran Calvert Street to Ewing Avenue as f1lows, to -wit: - Beginning_ at the intersoction of the center line of Calvert Street and Leer Street; thencesouth along the center of Leer Street to the center of Donald Street with an 18 inch vitrified pipe sewer; thence still south along the center of Leer Street to the center of Ewing Avenue with a 15 inch vitrified pipe sewer. Together with the necessary man- holes, storm water inlets, conduits and house connections to the curb line along the line of said improvement. All as shown on the plans and in accordance with the profilles,,detail drawings and specifications on file in the Office of the Department of Public Works of the City of South Bend, 'Indiana, and said sewer,' with all its appurtenances shall be constructed in accordance with the profiles and specifications now on file in the offi ce of the Department of Public Works of said City, The cost of .said improvement shall be apportioned against and paid by the property owner whose property abuts thereon, and upon the City of South Bend if the City is benefitted by said improvement, all according to the method and manner providod'for in Act of the General A"embly of the State of Indiana, entitled An Act Concerning JAunicipal Corporations," approved March 6,19C5. Assessments, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Six per cent per annum. A bond or bonds shall be issued to the contractor in payment for such work, unless the property owners pay said assessments before sad said bond or bonds are issued. Under no circumstances shall the City of South be or be held responsible for any sum or sums due from said property owner or owners for said work, or for the collection of same, or for the payment of any bend pr bonds, cerilificate or certificates, issued to said contractor in payment for such work, except for such moneys as shall have been actually received by the City from the assessments for such improvements, or such moneys 'as said City is by said above entitled Act re- quired to pay. All proceedings, had, and -work done in the -making of said improvement assessment if property, collections of assessments and Issuance of bands, therefor, shall be as provided for in said above entitled Act. Notice of this resolution shall be published on the 6th. day of June 1917 and on the 13th. day of June 1917, in the South Bend Daily Tribune. This Board will give & - hearing on this res olut ion art its office in the City Hall on the 19th. day of June 1917 at 7: 45, P.M.. Adopted this 5th. day of June 1917. E. M. MORRIS BOARD OF PUBLIC WORKS.. A. H DICE JOHN B �►BBBR Attested. — Veronica C. Sweeney, Clerk of the Board. ASSIGNMENT. FOR VALUE RECEIVED Hoban & Reach, hereby sets, over, transfers, sells and assigns the within and foregoing contract, and all his interests therein, for the c nnstruct ion of the Trunk Sewer as herein described to the National Company and said assigner does hereby set over all his rights, title and interest thereinto said National Company subject to the consent of the Board of Public works, of the City of South Bend, Indiana. WITNESS my hand and seal this 29th. day of May 1917. HOBAN & ROACH C GNSEl`3T TO ASS IGNWNT. We,- the° Ruard- •of -Public Works of the City of South Bend, Indiana, hereby consent to the assignment of Hoban & Roach of all hi ._:r-ight, title and interest in the contract made by °this B3oard° with °said° Hoban & Roach for the construction of Trunk Sewer, t o the 'Nat idne.l Company, on c and it ion that said The National C nmpany files a bond to the appr'oVL 1- of this Board. 'IN WITNESS WHEREOF, we have hereunt°o set our hands this 5th. day of June 1917. _ E. M. MORRIS ,..,.... A. H. RICE .. JOHN B. WEBER Board of Public Works. ACCEPTANCE OF ASSIGNMENT . TheThe undersigned the National Co. hereby accepts the assignment, made to it by Hoban & Roach of thw within contract, and the undersigned The National Company, hereby agrees to perform all the duties, obligaLtions and things tobe done by the contractor as provided by said contract; and the resolution, plans and specifi- cations made a part thereof, and to perform all of said things as fully and effectually as if said contract had been let to this The National Company in the first instance, and it herewith filed its construction bond signed by itself as principal, and London and Lancashire Indemnity Company of America in the penal sum of thirty thousand (030000,00) Dollars. IN WITNESS WHEREOF, said The National Co. has executed this instrum6nt this 5th. day of June 1917. THE NATIONAL COMPANY BY GEO. A. HARROP, Treas., of the County of ----------- t. 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 V 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, i9os, and all amendatory and supplemental acts thereto Witnesseth, that the contractor covenants and agrees to construct Trunk sewer' acr se Woe>d Tract, from the St. Joseph River to Portage Avenue and. PortAge'Avenu* from Keller Street to -the -.north line 'of So at ion 34 Tp. 38 N. R 2 E.:- known as the Portages Trunk Sewer, in the Cityr of South. Bend, Indiana,: at and for the following prices:— .2380 lin. ft. of 60" circular sewor, with Nate* Segmant block 2 ring per lin ft..........., ..........:..013.48 1225 lin. ft. of 54° circular sewer, pith Natce Segment block, 2 ring per lin ft•....... .`, 12,3.5 25 lin. ft. of ' 36" circular sewer, with Nate* Segment b lsekm 2 ring per lin fit.. • .. 0 .... , ...... • .... 9. 35 1460 lin. ft. of 18" pipe seater, .per lin ft...... 3.35 1080 lin- : ft. of.15" pipe seater, per, lin ft....:.. '2.80 800 lin. ft. Of 8" plipe sewer, per lin ft....... .50 2600 lin: ft. of 6" conduit pipe, per lin ft,.... .70 220 lin. ft. of manholoe, par lin ft. , ............ 4.00 29 storm water grates, Each.. .....:.. • ......... 5.50 17 manhole, curbs ,�.nd covers, each. .........,.. 12000 1 retaining wall cemnlCtc... .•••s••,+•••.•a•.•300.00 2 junction chambers complete.. ............,...850.00 and to perform all work in the prosecution of said improvement under and according to the terms an con rtions of Improvement. Resolution No. ------- 502----------------- adopted by the Board of Public Worksgar-ah28 h.-I9- 17 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 ' payment or judgment and save harmless said city, its officers, agents or representatives from all cost, expense, 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 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 inthe 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 provis one 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, contra ctor.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,, nr his agent, assignee, successor or subcontractor; and the .city may reserve outtof any allowance made on any estimate. m fadaT of the cfintractox ;or .lis,_.assgns, :or.: out of the a-rnounY ;due Eiini or =his assigns �tpo the cornp}etion of the work, so - - a. .r .1r�_ �.ts_i.£_-�.,.«1...�,.9:.0 ., w.atPrta4:r. rim contractor agrees to remove all rubbish, earth,, and unused material in the si�eets or sides thereof upon :the completion of.the improveni6rit or�the repairing there -of. c6hi a cording, to the, term -of this- ontrAct on or ot th ime for the completion of th same 1.1-be -exten ed in writing by the Board of Public Works. it' is'agreed that any such extension ytime, or a n, y alteration of this contract or of the manner or method of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sureti s It is ^ u000 without the written consent of the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents ofprefer- ence ` ` in the for- feit the the ' sum of�eodvl�re for each failure to ob this ._ !And upon the performance ofper- formed ' by said contractor the said city agrees to cause the cost ofdoing such work to be assessed, collected and x".^ to said contractor in the manner fixed by the statute governing the making of such improvements. | To each of the conditions - and stipulations- ( of the plans,v^""=, ' °yec"~=""^^=°='^"° assigns of such parties. � ���� ��e^ t�� ae1 our}�uodn � ~^, TESTIMONY~` ..°-^-____-, ' __- '-'-~_-'� -_---_ ,---_' hereunto ' ^ . May t}in______' ----------------------- day ___ --------------------------------------,^1Q-17. \ __ ----------------------------------------- ' CITY OF SOUTH BEND` - � --�--_-_ ' ` � ------------------------------- - - . ��y ,�wa^d Ou .^mqu�r,o/km .,_ 624 STREET OR ALLEY TMPROVETT RESOLUTION N0. 527. BE IT RESOLVED` BY THE BOARD OF PUBLIC WORKS, of the City of South Bend, St. Joseph County, State of Indiana,that it is desired and deemed necessary to improve Howard Street from Niles Avenue td. Notre Dame Avenue as follows, to -wit: - Said Street shall be graded, and the roadway thereof shall be paved; and also theroadway of certain portions of the streets and alleys which enter or intersect said street shall be graded and paved. The paving material to be used in making said improvement shall be Sheet Asphalt, Bitulithic, Asphaltic- Concrete, or brick, and the foundation shall be port land cement concrete five ( 5 ) inches thick for sheet asphalt, bitulithic, asphaltic concrete and brick or rolled gravel six (6) inches thick for brick; also cement curb shall be constructed along said street where same is not already constructed; storm water inlets and conduits shall be constructed where necessary; all manhole covers and inlets shall be set to the proper grade and cement marginal curb shall be constructed at all street and alleys where necessary, all as is more particularly shown, and all in accordance with the profiles, plans, detail drawings and -specifications on file in the office of the Board of Public Works of said City. 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 benefitted, to the amount that the same may be legally assessed therefor, in accordance with an Act of th General Assembly of the State of Indiana, entitled " An Act Concerninigg Municipal Corporations," approved March 6,1905, and in accordance with and pursuant to the provisions df all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including onethalf of the width of the improvement opposite street and alleys which run into, but do hot cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of its general fur4 if able to do so, or ftom a fund created by a special assessment to be levied under the provisions of Section 108 of the above entitled Act. Assessments of ten dollars and -more against each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of sic per cent per annum. `A bond or bonds will be issued to the contract to the amount.of such deferred assessmnets in pro rata payment for such improvement. Under no circumstances shall the City of South Bend be, or be held responsible for any sum or sums due from said property owner or owners for said work, or for the collection of the same, or for the pay pnt of any bond, bonds, certificate or certificates,, issued to said contractor in payment for such work, except for such moneys as shall h ve actually been received by the City from the assessments for sucl,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 improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act and acts amendatory thereof and supplemental thereto. BE IF FURTHER RESOLVED, That the Board of Public Works, fix the 3rd. day of July 1917 at the houraof 7:45 P.M. at the office of the Board of Public Works, of this City, as the time and place for the public consideration of salt proposed improvement, at which said Board of Public Works will hear atl persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the benefits to the property liable to be assessed for `said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED, That notices of the time and place of said public consideration be published ,and mailed in the manner provided by law. Notice of this resolution shall be published on the llth. day of June 1917 and on the 18th. day of June 1917 in the South Bend Daily Tribune. ADOP EZ THIS 5th. day of June- 1917. E. M. MORRIS BOARD OF PUBLIC WORKS. A. H. RICE JOHN B. WEPER Attested: - Veronica C. Sweeney, Clerk of the Board. 625 Petition filed by Wm. Goebel Councilman for a cement sidewalk and curb mat the corner of Milton Street and South High Street, do the north, side. Twenty day notice ordered sent to property holder and if same is not constructed within twenty days, city contractor ordered to put same .in, and charge expense of same to theproperty holder. C ompla int received of defective sidewalk owned by Meyer Seeberger and Prank & Ida A. Korn located at northeast corner of Washington Avenue and Walnut Street about fifty feet on Walnut Street side, and known and ,Lot A. Commissioner's Sub. Board ordered twenty day notice sent, and if same is not repaired or constructed within !� that time by property owners, same to be turned over to City Contractor to be repaired or constructed at their expense. Contract for pavement in alley between B. 0. Lots. 14 & 15 & 3 and 4 Miller's Sub. & Lots 11,13 and 10, 12 Chapin's Sub. between Colfax Avenue and Lincoln Way West, was awarded to H. N. Barnes, with 7* concrete pavement at prices received at 10:00 A.M. this 5th. day of June 1917. The following claims were presented to the Boa,ro. C ity> Cemetery- ° —Payroll Payroll 445 Standard ° 0 ilmComany —supplies •supplies 446 ° Ut iced' States' Blue Print, Co. 447 ° Aihkle' Mot&r' C&r'. ' Co. ° ° > ° 448 ° the' P isk , 161bb cr' C 0: ` ` ' 449 ° Street, ands a�.lcyo Dept. o , Payroll 450 do do do do 451 do do do do 452 The South Bend Supply Co. 453 South. Bend Spring. Wagon, & C. Co. 454 ° Ga►rbaa,ge, Debt. , . , . , . ° : , .. Payroll 455 Joseph -Krill->>. °....°°. 456 The Ellsworth- Store. ° „ ° ° 457 William, F. o Wagner> > > > , 458 Kanouse, & Phill,ips. ° , 459 Welsbach Street Lighting, 0.. of Wig, 460 J. E. UeEndarfer 461 John B. Haberle 462 Thee Fraa,nces° Sla & Cap., : 463 Ga.f ill . 0 it C o. , . , > , , > ° > 464 Street. RepaLir. Dept„ , , , Payroll 465 Geo. W. ' Zinkey, Postmaster 466 $44.23 40.80 5.82 2.90 12.90 1, 288.34 37.89 52.40 .48 12.20 332.80 12.00 .70 72.00 45.31 50.67 61.25 12 .60 29.73 570.50 7t;, 74 16.00 78 0: 26 All ef the °sabove° clkibas' weY-e' aa,pproved by the Beard. President.