Loading...
HomeMy WebLinkAbout04/17/1918 Board of Public Works Minutes1:05 8 BE IT FURTHERRESOLVED, That notice of the time and place of such public consideration, be published and mailed in the manner provided by law. Novice of this resolution shall be published an. the 19th., day 0f April 1918 and on the 26th. , day of April-1918 in the Sotkhh Bend Daily Tribune. Adopted this 17th. , dray . of April 1918 BOARD OF PUBLI11" WORKS. G. A. ELLIOTT H. F. ROSTISER Attested': Veronica C., Sweeney, Clark. The following; contract was approved by the Board. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEWNT, Made and entered into this 17th., day of April 1918 by and between Staples & Ackerman of the County of St. Joseph and State of Indiana (:hereinafter referred to as the " Contractor"), and the City of South in the County of 5t. Joseph, and State of Indiana, by and through its Board of Public Works, ( hereinafter referred as th City"), under and by virtue of an -Act of the General Assembly of the State of Indiana, entitled " An Act Concerning I4t�ic ip%l Corporations,, " approved March 6,1905, and all amendatory and supplotbental acts thereto: WITNESSETH, that the contractor covenants and agrees to construct sewer connections in Jefferson Blvd. from Michigan Street to west line of Bridge over the St. Joseph River, in the City of South Bend, Indiana at and for the following prices: 54 lin. feet of 8" conduit pipe' per tin ft............. �.25 and to per _orm all 1vorte in i�u prosect;tion r said` improvement under and according too thejcterma arA fth: ditions of fmprovemert Resobitinn tvo............ ........., atlbpto-d by the Board of Public YY�rX�:aaa:a:::::a::a:aaaasa and the plan -A, profile o-d spPci€lc€n*:ors on file ^ the office of tll� Departmntit of Public Wtarka, whiehs"Ad - resolution, piar9, prrs'9 ;md specification- are a. pftrt hereof as fully and effeettta,lly as if coplad and set out herein at "full The contractor farther exprc�srly covenants 3rd a.PrIA-§ that*. 'In the,t)ro§yctfttdt1 of §§:id warlt all pr6pet shill and care b t s.t d§ng@r®u§ plifCe§, and . 11.1 u5C..t 1 dv­� 4d n+ i@r o- 1 "Iv ntr5_zOn ti thgt lit the @v@7it @J any injury or da ­rezu} is g fr m t?j" ��, , ` ,�r 5�1t+-� frr>�:. n► v ++at{ } �_)r thiti& cTir,t,eQt@tl flier@i i9�i dr arisi� 1 ng therefrom., th�fl te :o sry pert—i or proper y) `1t n2y @r j 14-1'14aop— §time m �.i§ own amp€me, f.fid A§= sume the liability therefor; And in the event of any eta,ltn or cla3ins being made or any action Of actiou9 bein brought against the city by reason or on amount of or growl}ag out of field Nw)rlt or ifs €act.§tfuratldtl, tfie §ai contractor will at his oven expense defend the same, and vAll pay any }udgteitt recovered tli@r@in, and will ih all respects fully indemnify and save harmless said city, its officers, agents or repro§entdtiv@§ front all go§t expense, payment or judgment recovered in connection with such claim or claims, ftctidn or action§:. 'And within ten days after any such action is began, the city shall Notify the contractor of tit@ pendency ih@r@ef; then any judgment rendered against the city, shall brlusiva against the contractor attd,ga t the §ilr@ty on his construction bond, as to the sm.onat, liability and other matters pertaining thereto, �( q,{, �( rya- �{' g1 'Y -: .t•{TT. :x .. ` � l �`i y. F �'< iP. .., �:._ -- -�^./ k,6,P f4 1`6 4J4, % '1 3'��"`.�3 �: � ;C oxa nzzw" lbt� i y � �0 -P v iza� _�v�� A#4 it is hwther agreed by and bet -wets said parties 11ha4 the av'&vc— 00 cif thf� *oik &0viAttA folr lit 0i santr"t, iv dw pa-vatut tberegi, shffl not Constitute a Waiver oat Ott p4rt of tho city b, f 6Ay of the p��t= of tMs guntract, nor shall it reka w said contractor or the sureties on hid hot54 for t11� 1<a thitll orfdft. tlWea 1, nor shall the acceptance be prima facie evidence of the perfdrtuaott tit lacy Obr V 4116h df gill Dash, awqt to tile, extent of entitling the contractor to tht couttar-t price thetefo. ' wrxett agrees to pay for all labor and materials used or furn slitil to be turd tti the in* l - #Wh IMProv ct snd in the performance of this contract, whether` done or furniahed foti hiths bt his di 4ovignea, swoozoor or subcontractor; and the city may reserve out of any 41WW- ttwe Mde d at tit *44 -40 fRvar of the. contractor or his -assigns, or out of the amount due hire or hit ttasl s upda t e �ttt dtitid of the work, so muat as may be necessary to pay all laborers or muteriti me tar at.06otitt tit theta I wak doffs or materials used or furnished to be usedin tbei performam of tail dat act #A the ddi id arhl d the ,aunt treasurer, actin as citytreasurer, slut eta4a tleo!! fj I tip tot gooart "n@r§ assessed for a" spmVement to pay suchdebtsor us dl oatrider hm t � �p� pad Of sad fed B card m-t In regular hearing at 7:15 P.M. Mr . John F. De Haven, absent. Bear Ing had. on aasessment roll and f inal estfta:te for pipesewer on Dayton Street from Marine Street to alley west of Leer Street. No remonstrators appeared and no written remonebrance was f iied. The Board after due consideration deferred hear ing on as id assessment roll unt it Wednesday Apr it 24th.,3.918 at 7:15 P.M. The B card ordered that a re$ glut ion for the pav ing of Dayton Street between Michigan Street and Miami Street shod1d be prepared and presented at next less ion of Board. The f oll®w ing res glut ion was approved by the Board. STREET OR ALLEY IMPROVEIENT RESOLUTION no. 575, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF, SOUTH BEFD, ST. JOSEPH COUNTY, STATE OF INDIANA, that it is desired. and deemed necessary to improve Bartlett Street from Michigan Street to Lafayette Blvd tsaa follows,to-wit: Said street shall be graded and the roadway thereof shall be paved•, and also the roadway 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, As haltic Concrete or Brick, and the f o ndat ion shall be portland cement c crcrete f ive f 5) inebes thick for the sheet asphalt, bitugithic, asphaltic concrete and brick, or rolled gravel six (6) inches thick for the brick; also the cement �crb -now in place on said street shall be taken out and a concrete combination curb and gutter be constructed along said street; Storm water inlets and con- duits ' sha ll be constructed where necessary; all manhole tops and storm water inlets shall be set to the groper grade; cement marginal curb shall be constructed at all streets and alleys where necessary all as is more particulary shown and all in accordance with the prof iles , plans, detail drawings and spec if icat ions on file in the office of the Department of ..Public Works of the City of South Bend, Indiana. The cost of the improvement herein provided for, except street and alley intersections,, shall be paid by special assessment to be levied upon the property Specially benef itted, to the amount that the same may be legally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning runic ipa 1 C orpo.ttt ions," approved March 6,1905, and in accordance with and pursuant to the provision s of all acts amendatory and supplemental thereto. . The cost of all street and alley intersections, inc lud ing one-half of the width of the improvement opposite street and alleys which run into, but do not cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said. City, or upan property not subject to such assess- ment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund created by a spec ial assessment to be levied under the provis inns of 'ection 108 of the above entitled Act. Assessments of tan dollars and more against each lot, if deferred are to be paid in ten equal annual installments, with interest at the rate of Six per cent p r annum. A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rats 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 payment of any bond, bonds, certificate or certificates, issued to said contractor in payment for such work except for such moneys as sha .11 have actually been received by the City from the assessments for such improvement or such Moneys an sadd City is by said ent itled 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 IT FURTHER RESOLVED, That the Board of Public Works Hix the 15th. , day of May 1918 at the hour of 7:15 P.M. at the office of the Board of Public looks of this C ityt as the time and place for the public c ons iderat ion of said proposed improvement, at which said Board of Public 'forks will hear all persona interested or whose property is liable to b 3 assessed for said improvement, and will decide whether the benefits to the property liable to be assessed tor said improvement will equal the estimated cost thereof. - 1 -r "� H... .. .,. L7 r,nt"s43"-' .. t R1*<. et, c-E<r�. nNS i'°?�4.s7`t?ia '!}$ t�iP_ Streets or Sid," Li? upon the co lf. : ' a: vr­ it The .F - ;N , ;,„� -. m -�-,� - _ _ + 9e`tFr S of this contract on or bceiere the �_ _- -- -- -- unless the ;s �r �r. ,4 �� z,= :. 7 - P:x� d ^f PublicWorks. And it is a - '�a yry zer car meth, v.r ta.:• ii.%r,F, `eye CE3ri ractor or his su{'*_ >. _. ..: S .j 3'?.S� e._..f a ,�#s' f:.. od of doing; s „ . . :s,�+.. ,,P' ,"9t - ties. It is agr !�__' - hr <,ri:. or any part thereof is be done her:4 It is fvrwer 3 ,}. �,'r� f , io rP£=dents of said city and county preference in 'nQ fs f 1 `:pry *`, a of s?iis 'o-itract, and failing to do so, Shall forfeit, to the Y .Y , + 'f , . it I ��� r : t t� +t erye this stipulation. ;.>a. �'r._s things to be done ate& And upon t'-:e pL:;..rr. *. :r..,. by said =v �3r d <rf ? c s r>f contract, and ire cost r.; A +i g such work to be assessed, col- pperformed lected and paid'to said ca�tZa 3:c or �r, =r� _t ma ::c. ,1 �y tl ,ta _u° e go �e_ ring the making of such improver m.ents. To each of the conditions are s*i•culations of this ¢on~rP•:t, including all and singular the provisions and terrns of the plans, profile, specifiiar*ons s,id resel ition aforesaid, the undersigned binds himscli or itself# snd the 'respective successor or assigns of suer parties. IN: TESTIMONY WHEREOF. we, the goregoing named parties, hereunto set our hands this 17th.9 day of Apr it 1918. S TA PLES & ACKERMAN BY I. STAPLES CITY OF SOUTH BEND IND IANA . Contractors. BY O.A. ELLI01V H. F. ROSTTSER ITS BOARD OF PUBLIC WORM. ' President.