HomeMy WebLinkAbout09/19/1917 Board of Public Works Minuteso
Th`s' agreement shade this 19'th. day of September 1917 in duplicate by and
Between Fred Corporan, of the City of South Bend, Indiana,, party of the first part, and
the City of South Bend, by and through its. Board of Public Works, party of the ,second
part, Witneaseth:-�
That whereas the said party of the first part claims to be the owner
Df lots Nos. 77,78;79 and 80 in Sub -Division "C" in River Park, now a part of the City of
south Bend, Indiana, and tha.t therein an alley running east of Eleventh Street between
a.id lots in whidh there is a bed of gravel, which the said party of the first part desires
to use.
It is therefore agreed by and between said parties that said party of the
'irst part shall be permitted to excavate the salgi and gravel in said alley as the same
xten.ds between the above described` lots only, and that. after he has removed said gravel
.nd sand that he shall :fill in and -restore said alley to such grade ,as shell be established
y the City Civil Engineer of said City; all of which shall be done within Ninety days
rom the date hereof. And to secure the performance of this agreement by said party of the
irst part he has herewith deposited in the Office of the said Board of Public Works his
ertififed check in the sum of $250,00 payable to said City, which shall be the property
f said City as liquidated damages for any failure of said party of the first part to fully
erform this agreement, and upon such failure such city shall cash said check and use said
oney as its own. But if ,said party of the first part -shall fully perform this ggreement
hen the said party of the second part shall deliver up to )Jim said certified check.
And upon the �fa, ilure of said first party to fill up and resstor� said
lley to grade as herein required of him, the said City shall have the right to go upon
he above described lots and Rio do'all things necessary thereon for the purpose of filling
p and grading said alley, and placing the same in a good passable condition.
In Witness Whereof, the parties hereunto set their hands: the day and
year first above w1itten.
FRED CORPORAN,
Party of the first part.
CITY OF SOUTH BEND,
by E. M. MORRIS
JOHN B. WEBER
Its Board of Public Works , party
of the second part.
P-resident.
r�
Board met special session at 11:30 A.U. All members present.
Mr. K. W. White and Mr. J. Boyle of the White Construction Company,
contractors on pavement -on Dubail Avenue from Michigan Street to Mimai Street.,
met with the Board, andsigned the following agreement which was approved by the Board.
South Bend, Indiana.
Sept .,19,1917..
r
To the Board of Public Works,
of the City of South Bend, Indiana.
Gentlemen: -
Wei the undersigned, The White Construction Company hereby agree to sub-
atitute; Trinidad Lake Asphalt at the Mexican Asphalt price for Mexician Asphalt
to be used upon Dubail Avenue from Michigan Street to Miami Street in the City of
South Bend, Indiana. Said Trinidad Lake Asphalt to pass the usual inspection_ and to
pass the specifications as provided in the contract hereto -attached.
The said The White Construction Company la making the substitution as -Der
the request fif the Board of Public Works of the City of South Bend, and the property
owners living upon said street.
Witness our hands :this 19th. day of September 1917.
THE WHITE CONSTRUCTION COMPANY
A. W. WHITE Vice Pres.,
*he Board instructed the Clerk to notify the National Bonding Company
of the above agreement and request their acceptance of same,
PUBLIC IMPROVEMENT CONTRACT.
THIS AGREEIMENT, Mader and entered ' into this Sixth dj;g-: of. September 19179
by and between The White Construction Company of the County of Milwaukee and State
of Wisconsin ( hereinafter referred to as the " Contractor") and the City of South
Bend, in the, County of St. Joseph and State of Mrdians, , 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 Indianati, wattled " An Act Concerning Muni-
cipal Corporations, approved.ka.rch 6,1905, and all amendatory and supplmenstal acts
thereto:
Witnesseth, that the contractor covenants and agrees to construct pavement
on Dubail Avenue from Michigan Street to Miami Street, in the City of South Bend,
Indiana, at and for the following prices: -
80 lin. feet of curbing per lin ft ..........................$.30
4138 cu. yds. of grading per cu. yd.......................... .55
34 storm grates, each........ ... ...7.50
820 lin.. feet of conduit pipe, per lin ft.................... .60
.Resetting 28 inlets, each ................................. .1.50
Reset 12 manholes, each... „..1.50
o31 lin. feet of marginal curb, per lin. ft.................. .30
19648 sq. yds. of Maexican Asphaltic concrete pavement
per sq. yd..................................................1.60
and to periorm all work in the prosecution o- said improvement under and according to the t IS and,onI.
ditions of Improvement .Resolution No..3 ........... adopred by the Board of Publicc �Nork _ ,17
and the plans, profile arO spPcifica+ions on file «, the office of the Depa-tme_nt of Public W s, eh said
resolution, plans, rro6lt and specifications are made a part hereof as fully and effectually s if pied and
set out herein at f- ll lei,r'li,
The cor~-actor .Irr-h„r -S- v ,rvPnants a--rr.^s th-t in the prosrcu*ion of said woric all vr€sper
skill care,.,a ;oils a ian rotas Paces
and 1+c'E ' --.5,:�i1 *' )T '. it —t' `^ -ry neT 13:? ✓_.r 1 L
an q
•�' f - i ' .._, .. nr rr!i». `fit +mac.;. p r zl.,•ncr ,. n.., i_ , +i •f,
on, r vA L ?� Or
stir. he :her rr a 1 ,.1 ih ?v, t l C a: or clairis being n1 a V 2^ '0
brc oht ai t the city by ream.: or on r-int of ,�� �r�: >i, g ont of :�i ,.,ter' rr i ; , .- -, : ;,n,, said
contrac,nr will at his own expense defend the same. ani will pay any judgme it r^covr-r-d fi-re! : ;a in
all respects fully indemnify and save harmless said city, its officers, agents or representatives fTcx*t Or cost
expense, payment or _judgment recovered in connection with cuch,.claim or claim, action or actions. A,0 f
within ten days after any such action is begun, the city shall notify the contractor of tr.; nerde -cv ther,of
th-n any judzinent rendered against the city shall be conclpsive against the contractor and against the �etg
-7. '•onstruction bond, as to the amount, liability and other matters pertaining thereto.
And the contractor agrees to rnainjarrs s,..
r. ,:r.s. = rray : necessary ior=
the period and in the manner as hxed by the
:•:: -AL _ , , rr:;:naace ar_d repair thereof
to file with the Board of Public Wor' s` a ho.
r t y is an ::mount as fixed by the
specifications. And i" C. l
01n hi ptarantee bond shall be
subject to the same lia
< ro any person or prop-
erty in the same maiir.er .
_ ;:, _)n covering the con-
structioii work.
And it is further
provided for in this
contract, or the pay- .
, : c ; , y of any of the provis-
ions of this contract, ; :
n rac+:., ,.: ,. :d for the faithful perform-
ance thereof; not s ..1 -
..A fa:.r r e of any provision of this
contract, except to r -
rrc h reicr. '
The contractor a-*,: 4 t •
' rna . , ;-• = (I 10 be used in the making of
such improveme`:t a! .. ;,
., or,.";hed for him, or his agent,
assignee, successor rr ,c,•
al:,)wanee made on any estimate
in favor of the Conti a=: x
r; , h: : hisr rLssi.gns upon the compieti&
of the work, so mucr.
Grra..0 iar men for - amounts due them for
work done or materials used or L ,t" .d
w _1.: pprtorri;ance of this contract and the doing'
said work, and the
y r•easurer, ip4 retain money collected from property
_ odvnez, assessed for said fizz rc, gin, h� s, pay sacn d,b s or uritil t ie contractor shows that they $ayt bted
< satisfied
" The tontracror a ' ees to; remo�-e- a.It' ftibbisl;- tEir,.
f, tl'eg �hi� .xa 4',�#. �7 •r:a asY s'ral ii ran tie1ej'nttio'ai"W�entt 6ir t q
� t�
re w o 1a rg STRcP Malft Avfff t o t r
-^w Anz 1 t ttii7 t?gire it
� s ll iii' r(t)text to r (ijutt&.
vls t t lNi 1� c41r lj�ies ca$ *amAW ar¢tai�ali [dii f -
T41wc 1"� c�i� 11 rt .. tMttgs K 'tt, (or 5mJb_!let +fire w�iik caa meter etif to e 1 141+ t '� ,, -: qii eb* 5 tip c tC#t 1 r42 00 119h1F i 7cu?l%.
t Jlt3r aadl kt�"'F+ t' tt! t
c�Tsttrtit"t> ;1. ivy to -co a
i i i t cV_ �1}1 iwwr rg tan �' i+iler s cmff ter$ amity h emunigr
lit t tom? crz t ippi► t dk lifts t ffcot ., tOW c� t�ii� �srt , a M d rr r to Edo •so,
c(i ffaixt taco ttliii3s
A�ii t idl ttni�St�i a�aai .n" �ff tip i t>
Avow to QCiZe 411 apt (01 dt Via' , *� The > off a m&
70
a!el? r.e <&ti.s ri fi rt Ott kfi
IN `!'ESTIUoNY WHEREOF, We the foregoing named parties, hereunto set our hands
this sixth day of September 1917.
THE WHITE CONSTRUCTION CO. ,
A. W. WHITE, Vice Pres.,
Contractor.
CITY OF SOUTH BEND, INDIANA.
E M MORRIS
JOHN B. WEBER
A. H. RMCE,
Its Board of Public Works.
CONSTRUCTION BOND.
Know all men by these presents, That we the White Construction Company
of the County of Milwaukee and State of Wisconsin as principal, and National Surety.
Company of the County of New York and State of New York as susreties, are held and firmly
bound to the City of South Bedd, Indiana, in the sum of Seventeen ,housand Two hundred
sixteen Dollars ($17,216.00), 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.
The condition of the obligation are such that if the above named The White
Construction Company shall faithfully comply with the foregoing contract, made and entered
in to the Sixth day of September 1917 with the City of South Bend, Indiana, and shall
fulfill all the conditions and stipulations therein contained, according to the true intent
,end 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 anyway release the sureties
on this BOnd. This
his shall be a construction bond, and the sureties on the same shall. not be
held responsib a 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 fiahtful compliance
with all other conditions, stipulations and requirements covered by or set out in this contract
WITNESS our hands and seals this llth.
NATIONAL SURETY COMPANY
W. HERBERT STEWARTRes ident Vice Pres idant.
ANION A. BLAZEVICH Resident Assistant Secretary.
day of September 1917.
THE WHITE CONSTRUCTION 80.
A. ➢V WHITE,
Vice Pros.
(over)
- v.
Wednesday September.19th.,1917. Continued. '
The above bond was approved this 19th., day of September 1917,
E. M. MORRIS
JOHN B. WEBER
BOARD OF PUBLIC WORKS,
STATE OF ILL INO IS J COUNTY OF COOK SS
I Helger W. Carlson, Notary Public of Cook County, in the State of
Illinois, do hereby certify that W. Herbert Stewart Resident Vice Presidnet, and Anton
A. Blazevich Resident Assistany Secretary, of National Surety Company, who are personal*
known to me to be the same persons whose names are subscribed to the foregoing instru-
ment , appeared before me this day in person and acknowledged that they signed, sealed
and delivered said instrument, for and on behalf of National Surety Company -for the uaes
and pursposes therein set forth..
Given under my nand and notarial seal at my office in the City of Chicago,
in si.dd County, this llth. day of Sept., A. 9. 1917.
HELGER W. CARLSON
Notary Public.
The White Construction Company agreed to repair sidewalk at street
intersections on Eddy Street and Mishawaka Avenue at Ten (10.cents) per sq. ft.
Partial estimate allowed R. H. Webster for Trunk Sewer on High Street
and Ewing Avenue for the amount of........................................$39120.00