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HomeMy WebLinkAbout08/28/1917 Board of Public Works MinutesTuesday August 28th.,1917. Board met in: regular session at 10:00 AL.1% W ; A,` R'.-='Rite absent. Mr. D. C. Leer appeared before the Board in regard to having his contractor place extensions and interseciiions of sidewalks in his addition. The, Board eddered that the City Contractors on Various Street improvement contract should be notified to construct :extensions and intersections in said D. C. Leers Add it ion. Bids were received, opened and read as follows:- Pavement on Niles Avenue from Howard Street to Leeper Ave. Bid of the Williston Construction Company. dl-11 walk per sq. ft... curb m per lin. ft....................... ............30 Grading per cu. yd..,................................ .60 Asphalt using Aztec per sq. yd.......................1.78 Ashaltie concrete pavement using Aztec per sq. yd... 1.56 8" conduit pipe, per sgxxxit- lin. ft................. .70 Storm water inlets, each.... o ....................... 10-00 Marginal cement curb, per lin ft............ .... .25 Resetting inlets, ea.ch .....................0.......1 12.00 Resetting manhole covers, each ...................... 2.00 Pipe sewer on Fellows Street from Haney Ave. to 1st.. alley north, d B id of Bruno De Peape. 10" inch pipe sewer, per lin ft............ ......... $1.75 6" inch pipe sewer, per tin ft..................... .75 Uanhole, per ft. in depth...... 5.00 Manholes, curbs and covers, eceh.......... ..14,00 Bid of Hoban & Roach. 10 inch pipe server, per lin ft...................... 1.67 6" inch pipe server, per lin ft..................... .70 Manholes, curbs and covers, each ................... 5.00 Manholes, curbs and covers, each ................... 15.00 Pipe sexier on Chestnut Street. Bid of Bruno De Peape. 10 inch pipe sewer, per lin ft..................... 6 inch pipe sewer, per lin ft..................... 1.65 .75 Manholes, per ft. in depth ..... ............... ... 5.00 Manholes, curbs and covers, each ................... 14.00 All of the above bids were referred to the City Engineer for tabulation to. be reported on at 7: 45 P.M. this 28th. _ day of August 1917. A number of property holders residing on Dubail Avenue between tlichigan Street and 14iami Street appeared before tha Board and requested that the ✓ petition f ilea evith the Board on August 25th. ,1917 be giving cons ideration. This. being the date set for thQ final award of the contract for the pavement on Dubail Avenue free Michigan Street to Miami Street, the Board after due consideration decided to defer all action on said arra.rding until 7:45 P.M. this 28th. aay of August 1gI7. The Board ordered notices sent to Yr. Meyer Cibbert for to rena.ir or cor.st.ruct sidewalk in front of 918 Duhham Street, also notice to be sent Joseph Werwinski _'to repair or c onstruet sidewalk at 801 Chapin Street. t� The Board ordered that the voucher for the amount of One hundred twenty nine Dollars and 27 cents be cancelled and not allowed to J. �i. Studebaker estate. As this amount has been paid into the City Treas. , Petition filed for electric light at corner of Walnut Street and Ford Street. Said read and placed on file. .In surd to comnlatlet're ceived from John :Hibberd about poles now standing in the alley north of.Washington avenue between Taylor Street and William Street, the X/ pole and wire inspector reports and recommends as follows and the same was approved by the Board. _ The Indiana & Michigan Elea. Co, he South Bend Home Tel. Company, the Central Union Telephone Company should build their underground work.in-this alley at once before the alley is paved. Each company should build hand holes between each property so that wires con in the future be brought to the houses entirely underground to allow this work to be done all poles now in use should be trenched jjN* into the private property. Cemetery Sexton Geo. M. 'Vrey appeared before the Board in regard to an increase in wages tothe laborers in the City Cemetery. The Board ordered that an increase io to +hirty cents (.30) per' hour should be granted to the laborers and mowers in the City Cemetery. Th following communications were received read and placed on, file. Aug. 22nd. 1917. Board of Public Works, South Bend,, Ind. Gentlemen: - ✓ I have examined the contract prepared by your Clerk for submission to the White Construction Rompany covering the Mishawaka Avenue and Eddy Street improvement. the same seems to be in proper form excepting that it is not dated, does not .contain any clause stating when the work is to be completed, and it does not state whet brick are to be used and the price of the same. The Street railway Company agreed to pay for t#e space occupied by its tracks only on condition that you cause said space'to be paved with Metropolitan brick or some other equally as good brick. I suggest that. you take it up with the Company and,see whether they will agree that . that the brick stated .i--n tha White Construction Company's -bid is equally as good as Metropolitan. And there should be such a finding in your minutes as to the brick bid upon. In the above opinion I have assumed that the engineering and construction data are correct. 'ours very truly, E. F. SEEBIRT, Aug. 22nd. 1917, Board of Public works, South Bend, Ind., Gentlemen: - 'our President has referred to me the notice heretofore served on the Chicago, South Bend & Northern Indiana Railway Co., to repair pavements which their right of way occupies. Ordinance No. 696 granting the predecessor of said railway a franchise, and all the subsequent franchises in effect, provides that said Company shall make repairs and that upon failure to do the same after five days notice from said City to do so, the Common Council shall have the right.to cause the removal of dirt, filth and obstruction to be made and collect the cost from said Company. Ordinance No. 871 provides that after give days notice to make repairs, the Common Council shall have the right to cause said repairs and improvements to be made and collect the cost from said Company. This last Ordinance probably requires the Company to repair and enables the City tomake the same upon failure of the City and collect the cost. It is well settled that where a notice is required 1by law to be given to a person to do a particular thing, the notice must be sufficiently definite to inform the person what he is expected to do, and when he has completed the thing ordered to be done, notice served on the Company orders it to repair the pavements on its right of way" that need such repairs in the City of South Bend. If this notice is ssuftie lent the C i#y might tear up the entire system of the Company and recover the cost, and it does not give the Company an opportunity to have determined whether a repair is in fact needed. August 28th..1917. Cont I fully appreciate that it is very difficult for your Board or your Street Commissioner to keep a record of every defe ct in the Company's pavement, but mot certainly the notice can with little difficulty be made more definite. All that the law requires is a reasonable notice. And I believe that your Board could at least state the number of defects in the Block, or make tt certain in some such manner. I am herwith sending you a form of notice, which can be used by the Street Commissioner and submitted to your Board for service. -yours very truly, E . F. SEEB IRT. Excavation Bond for the sum of'One Thousand Dollars signed by the Singer Mfg., Company was approved by the Board.-' PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT ,, Made and entered into this 24th. day of August 1917 by and between H. L. Davis 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 th General Assembly of the state of Indiana, entitled " An Act Concerning Muni- u ipal Corporations, " aproved March 6,1905, and all amendatory and supplemental these thereto: " Witnesseth, . that to contractor covenants and agrees to construct grade, curb and walk on High Street from Bowman Street to Ewing Avenue, in the.City $fSouth .Bend, IndIaneat and for the following prices:- 2000 lin. feet of curbing per lin ft.......................22 2314 cu. yds. of grading, per cu. yd........................50 8180 sq. ft. of sidewalk, per sq. ft*0*000.. ...... 009 .._ ..n rn? C1� ,�C C, rr. .. ? i,'t ;1,. ,� of / - hCrcof -s frily and e_XC - . th7t in the, pi- of ?-,•-..t. -- .., .. _,, •l^ ,_ - �: „ all .. ?':'�".-i�liS 2 ' � '� .. or rw ar,,;, l+r'.idate lh,n s. -n ❑.! y ,,7<„ a ' t •thy F ; '1 t Ot 31 y C'•a r? or Cl.^?nls being g to dC !ir n , a ' Cl.y by ,..1SO.I or On '-;Unt of or groiviiig otlt of c 7d nI? n' t Cr r gill i?'s own expense (lef-rd the same, and will pay any judgment rccove*^d i1 indm:ify and save harm':ess said city, its officers, agents or ret�rese aattve., t �JVLaent or judgment recovered in connection with such claim or clairns, action or ak r t. '7 ,.'_s ar°ter any S,'C17. ''.Cti on IS begun, the city shall notify the contractor Of t!. re.t��lercd aga111St the city shall be conclv-sive against the contra and agltillSt t?i'� titi?'i'Ly ?,r;:,. s amount, liability and other matters pertaining tl s`cte). said parties that- the a -oa_z.11 ,? t ,lor constitute a v,;a- ilk. _... it r -a �s : d contractor or th_ "ir,et:es J:I _cC r_a: ^i prima facie eeiue,,r:° of _1 r., he contractor tG ?e u 'nr all'_abor a„d mater,2is -.. o_ .uln �•. ;; .. CO'.._.. j t t [414] r>7 t t, �.: - nt tr, 9h to a / z � a y� r f :.- -- g . - - r ,. .n ' t , pi-: ,�_. rip tt \�•. ..,. 7 J -n, 1 1ir al+e ;on or ije S :.C' t _ �., 1 .d� i;m.t - c A a;�. _t 11�2 da t­s, pnit ��.?ip,!s or h,_hi13 s p +r� c i�:, n�,;p) n• ,�;s s�.� R'Ov 13:3,t i.�,.f,. _ tp ! 4� T r, r y C. 5-}11s stilt, tlltdl� ft`}. ,1. 7. ^t J. L e a O iit .. S y { OT '1^ c._;d Ciro o -`S !Ile COST Stt Cl7 1h S.)`" 4... to „aid Coax actor ill th-- rri_,.. _el `C..d by the sta'li' o erion the t113tw1i1 }' C CO- tt a S flat p is cr this O 2.^t, ICi f,ng c..,- ship ular P•oTesa.�the tfi i .. „rltdersint� binds hilxticll yc�r a, ; foregoing In: Testimony— Whereof',We,. the vxdzrzAgiWd# hands this 28th. day of August 1917. C IT Y OF SOUTH BEND, IND IANA . BY E. M. MORR IS JOHN B. WEBER Its Board of Pub 1 is Works. CONSTRUCTION BOND. named parties hereunto set our H. L. DAMS CONTRACTOR R Know all men by these presents, That we H. L. Davis of the County of St. Joseph, State of Indiana as principal, and American Surety Company of New York, of the State of New -York as sureties, are held and firmly bound to the City -of South. Bend, Indiancs, in the sum: of One Thousand One Hundred and eighty seven Dollars ($1,197:00) for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors , adminstrators and assigns, firmly by these presents. +he conditions.. of the obligation are such. that if the above named H. L. Davis shall faithfully comply with the foregoing contract, made and entered into this 24th. day of August 1917 with the City of South Bend, Indiana and sah 11 fulfill all the c and it ions and st ipulat ions therein contained, according to the true intent and meaning thereof, in all respects, then this ob_ligat-ion_-to be void, otherwise to be and remain in 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 suedes on the same shall not be held responsible for the maintenance and repair of the improvement a8ter it has been accepted by the second partym but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements covered by or set ott in the contract. WITNESS our hands and seals this 24th. day of -Agust 1917. H. L. DAVIS. FARMERS TRUST CO. BY G. H. TIEDEMANN AMERICN SURETY COMPANY OF NEW YORK MGR4 INS. DEPT bT E. V. C1erj( Res. Vice. Pres., BY C.le r Attest, L. W, Larsen, Res. Asst. Sect'., ;he above bond approved this 28th. day of August 1917. E. M. MORRIS JOHN'B. WEBER BOARD OF PUBLIC WORKS. PUBLIC IMPROVEUENT CONTRACT. This agreement iWe and entered into this 28th. day, -of August 1917 by and betcen H. Barnes 8f tie Couz�y of St J©s.eph and .State of and iana .(hereinafter referred to:as the Contractor ") s and the City of; South -Bead, . , in the County of St Itoseph, and State of Indiana,.,. by and through -its Ord of Public Works, (herein- after referred as the "City") , under and by virtue of an Act of the' General." Assembly of the state of Ind iana - entitled ." An Act- Concerning Vunic ipal Corporations,, approved March 591905 and all amendatory and supplemental acts thereto- withess.ethf that- the contractor *ovenants and rees to, .grading and curbing Portage. Avenue from Keller Street to City.Lits, agf in the ty South Bend, Indiana, at and for -the follow-ing prit ices: 480.11n. `.feet of curbing per_ lin ft„, .... ..,....,,$.25 8520 cu yds.oi grading per cup:; yd........ ..........:..*... 59 o °CONSTRUCTION BOND. KNOW ALL MEN BY THESE PRESENTS, jhat we, H N. Hanres, of the County of St. Joseph , State of Indiana, as principal and J. A. Barnes and Nelson Kyser of, the County of at. Joseph, and State of Indiana as sureties . are ,held and firmly bound to the City of south Bend, Indiana, in' the_- sum~ of Two ,housand Five hundred end, seventy three Dollars ( 2,573.•OO) for the payment i`of, which', well and truly to be made,: we jointly, and severally bind ourselves, our heirs, executors, adminstrators and -assigns, 1. firmly by these presents. )ie cand it ions of the obligation are such that if the-, above named H. N. Barnes shall faithfully comply with •the foregoing contract, made and entered into the 28th. day of August 1917-with the City of South Bend; Indiana, and shall fulfill all the c and it ions and st ipulat ions therein c ontaained, according to the true intent and meaning thereof, in all respects, then this obligation to be void, 6therwise to be and remain in full force and virtue in. law. In the event the said -City shall extend the time for the c omplet ion of said work, such -extension shall, not in any way release the suret iese on this bond. .,his 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 ithas been ac- ce ted by the second party, but such suretiesE j shall be held responsible for the faithful c ompl ianee with all other c and itions, st ipulat ions, and requirements covered by or set out in the contract. WITNESS, our hands and seals this 28th. day of August 1917. H. N. BARNES J. A. BARNES NELSON H. KYSER. ` the above bond ass approved this 28th. day of August 1917. E. M. MORRIS - A. H. RICE BOARD OF PUBLIC WORKS. The Beard approved of: the following guarantee bonds. Guarantee Bond for the Sum of $925.00 for a. period of five , years on aspha6lttz pavement on Franklin Street from Indiana Avenue 'to Calvert Street, signed by W. B. Brady Construction Company, as principal and the Aetna Accident & Liability Company assurety. ° Guarantee bond for the sum of $360.00 Dollars for a period of five years for sheet asphalt pavement on Harrison Avenue from Lincoln Way West to Fuerbringer Street, signed by The Western Construction Company as pr inc ipal and° the Aetna Accident Liability Company as susrety. Guarantee bond for the sum.of.; $280.00 Dollars for a #eriod of five years for the asphalt pavement on Fuerbr inger Street° From Cottage Grove Avenue to Sherman Avenue, signed by The W. B. Brady Construction Company as principal and the Artna Accident and Liability Company as sureties. President. Board met in regular session at 7:45 P.M. Mr. A. H. Rice absent. Hearing had; on assessment roll and final est ate for water connections d on. hilton Avenue from Miami Street -to High Street, under Improvement Resblution No. 616. In the City of South Bend, Indiana. In the above matter no, -remonstrators appeared and so written remonstrance was filed, she Board therefore find that the property assessed in said roll filed Augk August 14th.,1917 is benefitted An the amount of assessments as shown on said rolls and°the Board further find that the assessment roll filed August 14th. 91917 and the final estimate allowed August 14th.,1917 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 Pavement on Fuerbr'inger Street from Cottage Grove Avenue to Sherman Avenue under Improvement ✓ 487.. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remonstrance _ was filed. 4he Board therefore f ind, that the property assessed in said roll filed August 14th.,1917 is benefitted , in the amount of assessments as shown on said roils, aid the Board further find. that the assessment rolls riled.August 14th.,1917 and the final estimate allowed August 14th.,1917 should be and the same are hereby in all things ratified, a onf irmed and approved. . ° Hearing had on assessment roll and final estimate for Pavement on V Concrete pavement on alley between B. 0. L. 14 and 15 and between Lots 3'and 4 Miller's Sub. Div. and between lots 11913 & 10 , 12 Chapin sub. of B.O. lots 1 & 2 from Colfax Avenue= to Lincoln Way West, under Improvement Resolution No. 506. In the City of South Bend, Indiana. In the -above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed in said rolls filed August 14th.,1917 is benefitted in the amount of assessments as shown on said rollp, and the Board further find that the assessment rolls filed August 14th. 1917 and the final estimate allowed August 14th.,1917 should be and the same are here by in all things ratified, confirmed and approved. Hearing had on assessment roll and final estimate for grade, curb and walk on East Washington Avenue from Sunnyside Avenue to Jacob Street, under Improvement $esolution Sn. 46tf - in the City of South Bend, Indiana. > In the above matter no remonstrators.appeared and no written remon- strance was filed. he Board therefore find that the property assessed in said rolls filed August 14th. ,19f7 is benefitted in the amount as shown on said rolls, and the Board further find that the assessment roll filed August 14th.,1917 and the final estimate allowed August 14th.91917 should be and the same are hereby in all things ratified, c onf irmed and approved. Hearing had on assessment roil and final estimate for pipe sewer on Ostemo Street from Iroquois Street to Lafayette Street, under Improvement Resolution No. 485. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find -that the property assessed in the roll filed August 14th.91917 is benefitted in the amount of assessments as shown on said rolls, and the Board further find that the assessment roll filed August 14th., 1917 and the final wstimate allowed August 14th.,1917 should be and the same are here by in all things ratified, confirmed and approved. r Hearing had on assessment roll and final estimate for pavement on Franklin Street from from Indiana Avenue to Calvert Street, under Improvement Resolutfi ✓ No. 488. In the City of South Bend, Indiana. In the above matter Wg remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed in said rolls filed August 14th.,1917 is benefitted in the amount of assessments as shown on said roll, and the Board further find that the assessment roll filed August 14th.,1917 I nd the final estimate allowed August 14th.,1917 should be and the same are hereby in .all things ratified, confirmed and apnrvved. Hearing had on assessment roll and final -estimate for pavement on Harrison Avenue from Lincoln Way West to Fuerbringer Street,. under Improvement Resolution No. 495. 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: rolls filed August 14th.,1917 is benef itted in the amount of assessments as ..shown on said rolls, and the Board further find that the assessment roll .filed August 14th.,1917 and the final estimate allowed August 14th.,1917 s ould be and the same are hereby in all things, rati- f ied, confirmed and approved. Hearing had on assessment roll and final estimate for - pipe sewer on Olive Street from Linden Avenue to Washington Avenue, under Improvement Resolution No. 496. In the City of South Bend, Indiana. In the above matterno remonstrators appeared.and no written remonstrance was filed. The Board therefore find that the property assessed in said rolls filed August 14th.,1917 is benefitted in the amount of assessments as shown on said rolls, and the Board further find that the assessment soli filed August 14th.,1917 and the final estmate allowed August 14th.,1917 should be and the same are hereby in all things ratified, con- firmed and approved. Councilman Wm. G. Goebel appeared before the Board and filed a petition for an electric light at the corner of E. Bowman Street and South High Street. Same read and placed on filefor investigation. A number of property holders residing on Dubail Avenue between Michigan Street and.Miami Street met with the Board and discussed the.type of pavement they wanted on said street. Thisbbing the time set for making the final award for the type of pavement on Dubail Avenue from Michigan Street to Miami Street, the Board after dur consideration decided to defer time for making said final award until Friday August 313t.,1917 at 10:00 A. The Board ordered that the contract for pipe sewer on Fellows Street from Haney Avenue to the first alley north, be awarded to Hoban & Roach at prdeas bid on at 10:00 A.M. this 28th., day of August 1917 as per page 756 of this record. Bids received on Chestnut Street pipe sewer from Napier Street to L.S. & M.S. Ry. Company right of way above estimate. The Board instructed to hold up advertising for new bid indefinitely. Concerning the improvement of the roadway of Niles Avenue from Howard Street to Leeper Avenue with asphalt, asphaltic concrete, bitulithic or brick in pursuance to resolution No. 551. this being the day for receiving and opening bids, the Board at 10:00 A.M. public opened and read and considered all bids. And thereupon the Board designated Asphaltic Concrete as the kine of pavement with whihh said street is to be improved and fixes the 8th. day of September 1917 as the time trhen petitions must be filed, acid the Board hereby continues phis matter until the 8th. day of September 1917 at 10:00 A.M. On the day above named theBoard will either pass on petitions let said contract, or reject all, bids. E. M. MORRIS BOARD OF PUBLIC WORKS. JOHN B. WEBER A. H. RICE Attested:- Veronic& C. Sweeney, Clerk of the Board. Dated this 28th. day of Aug.,1917. Engineer filed assessment roll and final estimate for pavement on Broadway from Franklin Street to Miami Street, under Improvement Resolution No, 385. In the City: of South Bend, Indiana. .Resolved,•that-notices.as to the amounts of assessments be published for six conseedtive days - in the South Bend Daily Tribune, sfmmencing on the 3rd. day of. September 1917. 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 September 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, .3rd. day of September 1917 in the South Bend Daily Tribune, stating that this Board will give.. e. hearing on the acceptance of such work., at its office in the City -Hall on the llth. day of. September 1917. at 7:45 P.M. Engineer filed assessment roll and final estimate for pavement on Milton Avenue from Miami Street to High Street, under Improvement Resolution No. 522. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments as required by law to published for six consecutive -days in the South BendDaily Tribune, commencing on the 3rd. day of "g September 1917 stating that this Bbard'will give a hearing on the amount -of such assessments at its office in the 'City Hall on the llth. day of September 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 3rd.: day of September 1917.1n 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 llth. day of September 1917 at 7:. 45 P.M. The following resolution was approved by the Board. R E S GLUT 10N. That Whereas heretofore on the 28th. day of Agust 1917 the City of South Bend , Indiana, by and through its Board of Public Works, accepted the.bid of the White Construction Company for the laying of an asphalt pavement on Eddy Street and Mishawaka Avenue in said City together with all the other necessary and.incidental work connected therewith, lout that said White Construction Company has not signed its contract and filed Its bond with said City, but is raising some questiom concerning the validity of any assessment that may be laid and levied by said Board of Public Works against certain real estate, known as Pottawatomie Park, which lies along and abuts Mishawaka Avenue which is being improved, -THEREFORE, in order to remove any uncertainty as to said -assessment ad and the payment therefore, be it Resolved by the Board of Public Works of the City of South Bend, Indiana, that in as much as the City has a perpetual lease of said land bordering on Mishawaka Avenue in said City and which is used for Park purposes and is known as Pottawatomie Park, it is the intention and purpose of this Board to assess the pro rata share of the cost of said improvement against said City in the same manner as required by statute of the State of Indiana if said real estate were owned and - possessed exclusively by a natural person, and said City will cause said assessment to be paid out of its general fund within Thirty days after the assessment roll is approved and adopted. ' In Witness Whereof, said Board.of Public Works has hereunto set the signatures of its members this 28th. day of August,1917. _ E. k• [ORRIS AOHN B. WEBER Board of Public Works of the City of South Bend, Indiana. v' Attorney W. A. McInerny with Mr. Doyle and Mr. A. W. White of the White Construction Company appeared before the Board and and presented the following bond and contract which was approved by the Board. PUBLIC IMPROVEMENT CONTRACT Y THIS AGREEMENT, Made and entered into this 28th. day of August 1917 by and .between The White Construction Company 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 Indiang.s 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 Concerning Municipal Corporet ions,: approved March 6,1905, and all amendatory and supplemental -acts thereto: Witnesseth, that the contractor covenants.and agrees to construct Sheet Asphalt pavement on Eddy Street and Mishawaka Avenue from Jefferson Boulevard to center of Nineteenth Street, in the City of South Bend, Indiana, at and for the following prices. 20709 lin. feet of curbing per lin ft......................$.20 23193 cu. yds. of grading per cu. yd....................... .55 53604 lin. ft. of concrete stretcher, per lin ft........... .15 ��.Stox'm^gratis, each...................................7.50 • •1577 lin. ft 8" conduit pipe , per lin. ft................ .60 Resetting 134 inlets, each ...........................1.50 2117 lin.'ft'. of marginal curb, per lin ft................. .30 50 manhole tops reset, each.............................1.50 27546 sq, yds. of extra ooncrete under track, per sq..yd... .75 44931 sq. yds. of Natural Lake Asphalt., per sq. yd....9...2.0.2 21110 sq. yds. brick to pass. spef is iat ions, per sq. yd...... 2.17. and to perform all work in the prosecution of said improvement under and.according to the terms and conditions of Improvement Resolution No. 544 adopted by -the Beard of Public Works July 3rd.1917 and the plans, and spec if icaltions - on file in the office of the Department of Public Works..which said resolution, 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 agree3 that in the prosceution of said work all proper skill and care will be exercised; that he will properly guard and protect a1a excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the extent of any injury or damage resulting groin the work or resulting from any matter -or thing connected therewith -or arising therefrom, 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 an account of or growing out of said work oriJts construction, the said contractor will at his own expense defend the same,'and will pay any judgement 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 judgement 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 pendeneIy.thereof, then any judgement rendered against the City shallbe construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said UmproVement, and make such. 'repairs d as may be necessary for the per ioand in the manner as fixed by the speficiations, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon acid in an amount as. fixed by the spf is iat ions. And in dodgg 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 pro- perty 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 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 agents, assignees, 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 then work, so must as may he necessary�to pay all laborers.or material men to amounts due them for work done or materials used or furnished to be used in the performance -of this contract and the doing of said work, and the County treasurer, acting as City treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied. The contractor agrees to remove all rubbish, earth,. and unused materials in the street or sides thereof upon the completion of the improvement or the repairing thereof %he work of making such improvement shall be completed accordigg to the terms of this contract on or before the 28th. day of November 1917 unless the time for the completion of the same shall be extended 3n wtiting by the Beard of Public Works. And it is agreed that any such extension of time, or any alteration of this contract or of the manner or method of doing such work shall in wo way affect the duties, obligations or li- abilities of the c ontrac tot or his sureties. It is agreed th :t the contractor shall not assign this contract, or sublet the work or any part thereof to be done hereunder without the written consent of the Board of Public Works. It is further agreed &nd stipulated that the contractor shall give to resi- dents 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 t7gde stipulation. And upon the performance of all terms and conditions of this contract, and th to be done and performed by said contractor the said City agrees to .cause the cost of doing saah work to be assessed, collected acid paid to said contractor in the manner fixed by the statute governing the making of such improvements. To each of the conditions and stipulations of this contract, including all and singular the prov is ions and terms of the plans, profile, sp of is iat ions, and resolution aforesaid_, the undersigned binds himself or itself, and the respective successor or assigns of such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands phis 28th.-day of August 1917. . CITY OF SOUTH BEND, IND IANA. BY E M . MO RR IS JOHN B. WEBER Its Board of Public Works. THE WHITE CONSTRUCTION CO. BY A. W. WHITE,. trice Pres. , 'Contractor,,' CONSTRUCTION BOND.. Know all men by these: presents, hat we The White Construction Company of the County of Milwaukee state of Wisconsin:, as n_ rindd-oij, and ;he A etna Casualty & Surety Company of Hartford , and State of Conn;. as sus eties, are held and firmly bound to the City of South Bend, Indiana, in the sum of Ninety Iwo thousand Two hundred twenty seven Dollars ( 92.227.00) for the payment of dl ich,, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, adminstrators and assings firmly by .these presents. the conditions of the obligations are such that if the above named The White Construction Company shillfaithfully comply with the foregoing contract, made and entered into the'28th. day of August 1917 with the City of Snuth Bend, Indiana, and shall fulfill all the c and it ions 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 remain in 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 Ubt 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 ill other conditions, stipgplations and requirements covered by or set out in the contract. WITNESS our hands and seals this 28th. day of August 1917. THE AETNA CASUALTY & SURETY CO. BY WILLIAM E. GELTZ Attorney in fact. FRANK H. DUNNA.H00, Attorney in fact. (SEAL ) THE WHITE CONSTRUCTION CO. BY A. W. WHITE, Bice Pres. , The above bond approved this 28th. day of August 1917 E. M. ' MO RR IS JOHN B. WEBER BOARD OF PUBLIC WORKS. -( S E A L ) t 28th.,1917. Continued. PUBLIC IMPROVEkENT CONTRACT. THIS AGREE MENT, Made and entered into this 24th. day of August 1917 by and between ThemasWill isms of the County of St. Joseph, and State of Indiana, ( herein after 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 forks, (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 Concerning Uunicipal Corporations, " approved March 6,190 1905, and all amendatory and supplemental acts thereto: Witnesseth,,that the contractor covenants and agrees to construct water connections on Howard Street from Niles Avenue to Notre Dame. Avenue, in the,City of. South Bend, Indiana, at and for the following; prices:- 12 taps on long side of street, each .......................$40.25 5 taps`on short side of street, each ...................... 25.60 and to perform ail work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. 548. adopted by the Board of Public Works July 00th. ,1917 anal, the plans•,profile and :s ec if icat ions on file in the office of. the Board of Public Works, which said resolution, .plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. he contractor further ex?ressly covenants and agrees that in the prose- cution of said work all proper skill and care will be exec-cised; that he will properly guard and protect all excavations and dangerous places , and will use all due and proper precautions 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'r thing connected therewith or arising therefrom, 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 aga3inst 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 judgement 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*judgement recovered in connection with such claim or claim 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 judgement rendered against the City dhall be conalueive 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 spefifiat ions and to secure the maintenance and repair thereof to file with the Board of Public Works a bond with suff is ient surety thereon and in an amount as fixed by the spef is iat ions And,in doing such repair world the contractor and the surety on his giarantee band shall be sub4ect to the same liability to the City and any other personfor for any injury or damage to an 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 flaithful performance thereof; nor shall the acceptance be prima facie evidence of the performance of any provisions 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, when whether done or furnished for him, or his agents, assignee, successor or subcontractor-; and t the City may reserve out of any allowance made on any estimates 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 much as may be necessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as City treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied. the contractor agrees to remove all rubbish, earth, and unused material in the streets or sides thereof, upon the completion of the improvement or�the reAairing thereof. The work of making such improvement shall be completed according the terms of this contract on or before the 28th. day of November 1917 unless the time for tehe completion of the same shall be extended in writing by the Board of Public Works. And 1t is agreed that anu such extension of time, er any alteration of this contract or of the manner method of doing such work shall in no way affect the duties, obligations or 1 iab it ites of the contractor or his sureties. It is agreed that the contractor hhall not assign this contract, or Sub - lot the work or any part tLhereof to be done hereunder, without the written consent of the Board of -Public Works. It is .further agreed and stApulated that the contractor shall give to residents of said.City and county preferencein the mployment of ill labor necessary, in the performance of this contract, and failing to do so, shell forfeit to the City the sum of ten dollars ,for each failure, to observe thisstipulation , 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, collected and paid to'said contractor in the manner fixed by the statute governing the making of such improvements, Ta each of . tho , o and it ions and stipulations of this contract, inc lud ing all and singular the ,prg7 is io4a ,and terms of the plans, profile, ppec if icat ions and resolution aforesaid, the undersigned binds himself or itself, and the respective successor -or assigns of such parties. IN TESTIMONY.WREREOF, We, theforegoing named parties, hereunto set our hands this 28th, day of August 1917.. THOS. WILLIAMS, Contractor ~ C-ITY OF ,SOUTH BEND, INDIANA. BY EM M. MORRIS Its JOHN B. WEBER Its Board of Public Works, VACATION RESOLUTION No. 41.19170 Resolved by the Board of Public forks of the City of South Bead, Indiaa That it is deairable to vacate the following: The easterly part of Huey Street from Lincoln Way West to the south line of lot 40 Melrose Addition as follows,' to -wit Beginning at a point on the southerly line of �L inc oln Way West sixty (60) feet east of the west line of Huey Street; thence south to a point on the south line- of lot 40 Melrose Addition produced, sixty (60) feet east of the west line of Huey Street; thence east 25 feet more or less to the west line of lot 40 Melrose Addition; thence north on the west line of lots 40 to 52 of Melrose add it ion produced to the north line of'Prast Street; thence west-17 feet more or less to a paint 63.2 feet east of the west'line of Huey Street; thence north to a point on the doutherly line of Lincoln Pay last 64.2 feet east of .the west line Of Huey Street; thence westerly along the southerly line of Lincoln Way West to the place ofbeginning. Excepting all the intersection with Frederickson Street and Prast Street. The following property may be injuriously or beweificat1y effected by such vacation: All of lots 1,2, 3, 49 59 6, 7, 89 9,109119129139 14,15, 16917 and east 1.44 feet of lot A. in John Prast's Sub. Division, lots 40, 41, 42, 43, 441, 459 46*47948949,50951, and 52 Melrose Add it ion and the west 135 feet of lot 14 Kunstman and Meyer's Addition. Notice ofthis resolution shall be published on the 30th. day of Aug. 1917 and on the 5th. day of Sept., 1917 in the South BeAd Daily Tribune. This Board, at its office in the City Hall on the 18th. day of Sept-.,,1917 at 7: 45 P.M.. will hear and receive remonstrances from all persons. inter- ested in or affected by these proceedings. -- Adopted this 28th. day of August 1917. Attested: - Veronica C. Sweeney, Clerk of the Board. E. U. MORR IS A. H. RICE JOHN B. WEBER 5. uesday August 28th.,1917. Continued. LOCAL SEWER.IUPROVEMENT RESOLUTION NO. 557. Resolved by the Board of Public Works of the City of South Bend, County of St. Joseph, State of Indiana. that the construction of a local sewer, intended .and adapted only for local Vie by the property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral drains,, be and the same is, h-reby ordered in and along Dayton Street from Marine Street to the first jiley west of Leer Street as follows, towlit:rt Beginning at the intersection of he center line of Marine Street and Dayton Street; thence east along the center line of Dayton Streetto the first alley west Of Leer Street with a 10 inch vitrified pipe sewer, +ogether with the necessary manholes, storm water inlets, conduits, flush tank and house connections to the curb line along the line of said improvement; all as is more particularly shown and all in accordance with the profile, plans, d tail drawings an specifications on file in the office of the Department of Public Works of the City of South Bend, Indiana, and said sewer, withh all its appurtenances khall be constructed in accordance with the profile and specifications now on file in the office of the Department of Public Works of said C ity.3 ,,he cost of said improvement shall be apportioned against and paid by the property solders whose pro- perty abuts thereon, and upon the City of South Bend if the City is benefitted by said improvement, all according to the method and manner provided for in Actlof the General Aspeoly of the State of Indiana, entitled " An Act Concerning Municipal Corporations," approved March 6,1905. Assessments, if deferred, are to be paid in ten3equal annual install ments with interest at the rate of Six per cent per annum. A bond or boAde shall be issued to the contractor in.payment for such work, unless the property owners pay said assessments before said bond or bonds are issued. Under no circumstances shall the City of South Bend be or be held responsible foram sum or sums due from said property owner or vrenrs for said work, or for the collection of same, or for the payment for any bond or bonds, certificate of certificates, issued to said contractor in payment for such work, except such moneys as shall have been actually received by the City from the assessments For such improvement, or such moneys as said.City is by said above entitled Act required to pay. All proceedings had, and work done in the making of said improvement,, assessment of property collect ions of assessment s8d issuance of bonds therefore, shall be as provided for in said above entitled Act. Notice of this resolution shall be published on the 30th. day oil August 1917 and on the 5th. day of September 1917 in the South Bentd Daily +ribune. +,his Board will give a hearing on this resolution at its office in the City Hall on the 18th. day of September 1917 at 7:45 P.M. , Attested: - Veronica C. Clerk Adopted this 28th. day of August 1917. E. M. MORRIS A©HR•B TWEBER BOARD OF PUBLIC WORKS. Sweeney, a of the Board. RESOLUTION FOR SERVICE CONNECTIONS WITH MAINS, No. 558, WHEREAS, the�Board of Public Works°on the First day of August 1917 did adopt a resolution orderizig and requiring the permanent improvement of Niles Avenue from Howard Street to Leeper. Avenue, by paving the roadway of the same and, WHEREAS, the City Civil Engineer hasprepared and filed in the office of this Board a report showing the number and location 8 the service pipes, mains, conduits, laterals, and connections which are, or will be necessary t6 accommodate the abutting property and the owners hhereof with gas, water, sewer, and other conveniences and necessaries; and also said City Civil Engineer, has prepared and filed in said oi'f�ic a spec if is iat ions showing the material to be used and the manner of laying said service pipes, mains, conduits, laterals and connections from the mains to the points 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 specifications prepared and filed by him are made a part of this resolutions as fully and effectually as if copied herein at full length; and it is' further ordered that all of such private connections with the sewer, gas and water mains be made in said street by bringing; them inside the curb lines thereof. And be it Further resolved that notice by -publication for two successive day' in the South Bend Daily r ibune, a newspaper of general circulation printdd anal °published in the City of South Bend, Indiana be given to the owners of the property abutting upon said street to be improved directing them to make such stewer and water connections on or before the 21st.day of September 1917 and that if said connop Lions are not made on or before said time and in accordance with the specifications and report on file in the off ice o; 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 al all other things pertaining thereto according to the provisions and requirements of Ordinance NO. 1842 adopted by the -Common Council of the City of South Bend on July 24*1916, and of all'other ordinances and laws relating thereto. And, he it further resolved aid ordered that after the 20 day period hes,.elapsed for, the making of said connections by the property .owner$, a notice shall be published for two weeks, onee each week, in the Sou.thyBend Daily .ribune, a news- paper of general circulation published in said City, requesting bids from contractors for the making of sicj,connections as have not been made by the property owners, and such notice shall fixa day, not earliers than ten days after,the.first of such publications, when 1pids'shall be opened and a contract let fbr'jthe'doing of said work, And Be It Further ordered that the Northern Indiana Gas & Electric Company which holds a franchise from, and is empowered by, sadd ;city to furnish grtif is ial gas to the , citizens thereof,, and is engaged in ;said business .in said City , is hereby directed to make and install 'all service connections with its mains, in sabd street in accordance with the provisions of Ordinances No, 1555,,adopted June 27,1910, and such other ordinanced or lags 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 abutt ng upon said street. Adopted this 28th. day -of August 1917. E. M. MORRIS JOHN B. WEBER REPORT OF THE CITY CIVIL ENGYNEER. Rio the Board #f Public Forks, South Bend, Indiana. Gentlemen:.. I herewith report t4 you that before Niles Avenue from Howard Street to Leeper Avenue is permanently improved by paving the same, the following private con- nections with sewer, gas and water in said street should lee made by bringing and con- structing them inside of the curb lines of said street; and I further report that I have filed in your office specifications showing the material to be used and the man- ner . of #paying all 'such pipes end making said connections. gas water sewer. Ex. part taken ° for alley. 36 Stanfield and Foster's Add. 119.95 Henry & Rose Neddo. 1 1 0 All lot 1 Heierman's Add. 5* Henry Heiermann 1 1 0 All of lot 2 do do 46.15 do do 1 1 0 All of lot 3 do do 46.15 Paul Heiermann 1 1 0 All of lot 5 Dallman's Addition. 38.53 Herman Gold 1 1 0 All of lot 4 do do 40-1 Henry & Rose Neddo 1 0 _ 0 All of lot 3 do do 38.53 William L. Dallman 1 1 0 All of lot 2 do do 38.53 William L. Dallman 1 0 0 All of lot 1 do do 38,53 Frederick J. Bickelhaupt 1 0 0 All of lot 141 Harter Heights 52.28 Harter Realty Co., 1 0 0 All of b6t 142 do do 50.53 Harter Realty Company 1 0 0 All of lot 143 do do 50.53 Harter Realty Company 1 0 0 All of lot 144 do do 50.53 Harter Realty Co., 1 0 0 All of lot 145 do do 50.53 Harter Realty Co., 1 1 0 All of lot 146 do do 50.53 Harter Realty Co., 1 1 0 All of lot 147 do do 137.82 Harter Realty Co., 1 0 0 All of that part of the north east 4 Oft"* north west * of Section 1. P. 37 N. R. 2 E. that lies south and west of -.Niles Avenue. except Leeper Avenue Also:- The north of one acre described as follows: Begin in the center of Niles Avenue.on the north line of southeast * of the north west 4 of section 1 ,p. 37 N. R. 2 E. thence west 2.26 chains to the east line of Leeper A venue; thence south 1.00 chains to the east line of the Michigan Cebtral RailRoad right of way; thence S. 360 E. with the east line of said right of way 2.50 chains thence N. 60° E. 2.63 chains to a stake in the center of Niles Avenue; thence N. 294J1 ° W. with the center of Niles Avenue -1.03 chains to beginning. - Samuel Leeper 5 5 0 All that part of the S.E. 4 of N. W. 41- of section 1. f_p. 37 N. R. 2 E. that lies westerly, of Noles.Avenue, easterly of the right of way of the Michigan Central RailRoad and north of Howard Street, except acre off northwesterly end owned by Samuel 'Leeper. George A. Jenks and John E Dubois 17 17 Frederick J. Anderson, City Civil Engineer of South Bend, Indiana. %he Board ordered the excavation bond filed by Arthur V. Meyers for the year of 1916 cancelled, the bond filed April lst.,1917 to replace same. The following resolution was approved by the Board. R E S O L U T I O N Uponr6c©fnm6ndation' of` the' Chicago, South Bend & Northern Indiana Railway Company and also upon recommendation of the City Engineer, the Board hereby resolves to use Veedersburg Dunn Wire Cut Brick for paving of that portion of Eddy Street and Mishawaka Avenue between Jefferson Blvd. and Nineteenth Street for which the said Chicago, South Bend & Northern Indiana Railway Company agrees and are obli- gated to pay. E . M0 'RR IS A. H. RICE JOHN Bi WEBER ° Board of Public Works of the. City of South Bend, Indiana. Dated this 23r ., day of August 1917. The following Maims were presented to the Board. . Herr & Herr Company No. 721 $1.10 Street and Alley Dept., Payroll 722 $19405.e6 Medley Miller Flour & Feed Co., 7213 15.90 Builder's Supply Co., 724 46.42 Chard & Tompsett 725 3.15 Garbage Dept., 726 323i20 Electric Service Co., 727 1 50 Sanders & Egbert Co., 728 6820 ° Street Repair Dept., Payroll 729 239.90 Building Dept., Salaries 730 365.•83 Hagedorn & Webster 731 19.41 L. P. Hardy Co.,' 732 2.50 Herr & Herr Company 733 545 ° Edward F. Keller Treas., 734 6,70321 $99200.83 All of the above claims were approved by the Board. President.