Loading...
HomeMy WebLinkAbout04/24/1918 Board of Public Works Special Meeting Minutes1 , Board met in sPoc ial session at 9:30 A,M., Ail members present, The following improvement contrasts and bonds were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. TRIS AGREE NT, blade and 'entered into this _17th., day of April 1918 by and between The Western Construction Company of the County of St. Joseph, and State of Indiana ( hereinafter referred to as the " Contractor"), oral the City of South Bend, in the County of St. Japaph, and State of Indiana, by and through its Board of Public Works, ' ( hereinafter referred to as the ,« City"), under and by virtue of an Act of the General Agsombly of the State of Indiana, entitled " An Act Concerning Municipal Corporations,, " approved March 6,1905, and all amendatory and supplemental acts thereto: Aitnesseth, that the contractor covenants and agrees to construct pavement on B.1a ine Avenue from Lincoln Way Nest to La Porte Avenue, in the City of South Bend., Indiana, at and for the following prices: - curbing per lisp ft......................... $.30 697 cu. yds. grading per cu. yd.............. .80'. 2 storm grates, each ........................'.8,50 36 11n. feet of 8" conduit pipe, per lin, ft.. .85 reeetting 10 inlets, each. ..................2.00 135 1 in. foot of marginal curb per l in ft... .30 Reset 4 manholes tops, each.......... ........2.00 3100 sq . yds . of Tr in idad Lake Asphaltic concrete, per sq. yd_ ..................:.a...1.93 and to per=orm at; nor: ifl ?te prosecution o: said improvement under and according to the terms and con- di*ions of Zmprovewent, Resolution No. �. _��... adopterl by. the Board of Public Works...;` and the plans, profile a± d specifications on file i *he offi of the Department of Public Works, which said resolution, plans, prof le and specifications are.made a P.M hereof as fully and effectually as if copied and set, out herein at full length. The contractor further e,pressly.covenants and agrees that in the prosecution of said work all proper skip arid care = ="l be exercised; th the �1 ^-Duet'"""t all excavations and dangerous places, and =`1 use: dt=.e and.pro.Perprecaution to ores :` irili- *o ;nyperson or l,rnt ,rey; that in the event rf any injury or�iama.ge resu�ting from t'�e w c or .well* ^g froma� y ma+,ter or. thing connected theretivii.% or arising therefrom, to. any person or property, he w'*Il ray any. liquidate the same at leis own expense, and as - some the liability therefor; and in the event of any claim or claims being made or any action or actions being tiro ght against the. city by reason or on. aceount of or growing out of sRfd work or its construction, the said • contractor. will at his`.eiwn expense defend the same a v l pay any judgment recovered- therein, and wtl all respects fully indemnify and.save harmless said t r� %� o�eers, agents or representatives from ;a4l cost, nedt with such claim or claims,liori or actions And Iexpense, paLyment or judgment recoveredin con 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, aphis construction bond, as to the amount, mobility and other-mptters pertaining thereto: And the contractor agrees to main � -ain said impro:nenz a._,; n� si i �r the period and in the manner as fixed by.the specifications, and to sec, re the Fsi311ti'� cna, ,a: r r to file with the Board of Public Works a boh «ith sufficient surety theieo.s and i.. an amount as :r. u specifications. And in doing such repair`wotkahe contractor and the: surety on hi: guarantee bon,' -0: subject to the same liability to the city and any other person for any injury or damage to any Pei c pr:_:,. .erty in the same manner and to the same extent as is fixed in the last preceding paragraph ccvCr,�,. "rite cis?_ structfon work. And it is further agreed by and between said parties that the acceptance of the work provided for in t1ids contract, or the payment thereof; shall not constitute a waiver on the part of the city of any. of the proves- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this - contract, eXcept to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used if} the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the .contractor or his assigns, or out of the amount due him or his Assigns upon the completion of the work, so much as may be necessary to pay all laborers or materiai men for amounts due them for work done or materials used or furnished to be. "used in -the performance ot tMs contract and the .doing of said work,- and the -county treasurer, acting as city treasurer,, m%retain money collected from property owners assessed for said�inrpreavement to pay such debts or until rile contractor shows that they have been paid or satisfied to- remo a all ruoaish. earth, and unased material in the Streets or sides theraol xtkon 4he commlet,on cf the improvemrat or the repairing thereof. The work of mikkin�g, siir^h improvement, shall be completed ac Afing1%1— t W-fore the .............. z. ...... ,..,.:..da of .. tr yy arms of this contract on or .............................:.......... ur�'.ess the time for the completion of the sane shall be extended is writ,,,g l y the Board of Public Works. And it is agreed,that`any such extension of time, or any alter�tion of this contract or of the manner or meth= od of doing such. work .shy--11 1,n no wad► affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this contract, or suti-let the work or any part thereof to be done hereundef, witho.Elt the i% ritae consent of the Board ref Public Works. It is further agreed arcl stipuis k ed that' the contractor shall give, to residents .of said city and county preferepce in the. Zmpioyment of all .lahor n6msary in the performance of this contract, and failing to do so, Will forfeit to the city the sum of ten dollars for each teilure to observe this stipulation, And upon the performance of atlsthe. terms and conditions of this contract, and things to be done and �erftarmed.by said con lector the said` city agrees to cause 'the cost of doing such work to be assessed, col-d s+ud paid to said contractor' in the manner fixed by the etsftute governing the making of such improve- seta To each of thq conditions ind stiff ila"tions of this contract; including all and singular the provisions and terms o4 a plena, plrofii#,. specifications and resolution aforesaid, the under6igned binds hin0elf or itself, the respective itcteso= ar assirs of such parties. IN TESTIMONY WHEREOF,, We, the foregoing named parties, hereunto set our hands this 17th. day of,April 1918. THE WESTERN CONSTRUCTION CO. _ FRED RANKERT, Prea., CITY OF SOUTH BEND,-:INDIANA. Contractor. BY GILBERT A. ELLIOTT H. F. ROSTISER . JOHN F. DEHAVEN. ,. ITS BOARD OF PUBLIC.WORKS. °°°'CONSTRUCTION BOND. Knew, all - men by theme presents, That we the Western Construction Co., of the County of ° St:. Joseph; • State ° of ° Indiana, as principal, and The Aetna Casualty & Surety Company of the County of Hartford, and state of Conn. as sureties are held and firmly bound to the City of South Bend, Indiana, in the sum of Three Thousand Two hundred and ninety four ($3,294.00)Dollars for the payment of which, well and truly to be made, we jointly and ,severally bind ourselves, our heirs, exe- cutors, adminstrators and assigns, firmly by these presents. The cond it ions of the obl igat ion are such that if the above named The Western Construction Company shall,faithfully comply with the foregoing contract made and entered into the 17th., day of April 1918 with the City of South Bend, Ind. Tana, and shill fulfill all the c end it ions and stipulations therein contained according to the true and 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 this completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction band, and the sureties on the same shall not be hold responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements, covered by or set out in the contract. Witness our hands and seals this 17th. , day of April 1Q18. THE AETNA CASUALTY & SURETY CO. BY WILLjI.AM E. GELTZ Attorney in fact. FP.p.NK H. DUNNAH00 Attest: Attorney in fact. THE WESTERN CONSTRUCTION CO. BY FRED RANKERT The above bond approved this 24th. day of April 1918. G. A. ELLIOTT H. F. ROSTISER JOHIT F. DEHAVEN BOARD OF PUBLIC WORKS. w PUBLIC IWROVEWNT CONTRACT. • THIS AGREEMENT, Made and entered into this 17th.0 day of April 1918, lay and between The Western Construction COMRany of the .County of St. Joseph and State., of Indiana (hereinafter referred, to as the Contractor") 0 ontractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works: (hereinafter referred to as the " City"),, under and by virtue of an Act of the General Assembly of 'the, State of Ind iai a, ent itl*d " An Act Concerning Punic ipal Corperat ion.ss, approved March 691905, and all amendatory and supplemental acta Thereto: Withess eth, that the contractor covenants and agf?ees� to construct p�.voment on Jefferson Boulevard from east line of Michigan Street to west line of Bridge over the St. Joseph River, in the City of South Bend, Indiana at send for the fallowing prices: - 140 lint feet of curbing per lin ft......................A.30 1229 cu. yds. of grading per cu. yd....................... .80 3770 lin. ft. of granite stretcher block, per lin ft......'. .55 5 storm grates, each............... ..... .. .......8.50 260 lin. feet of 8" conduit pipe, per lin ft............... ..85 Resetting 17 inlets, each.................................2:00 25.11n, ft. of marginal curb, per lin ft................. s .30 5 manholes tops, reset, each ........................... ...2.00 4348 sq., yds. of Trinidad Lake Sheet Asphalt,. per sq. yd...2.32 1283 sq. yds. of Trinidad Lake Sheet Asphalt surface per sq. yd................................................1.53 685 sq. yde. Veederssburg or Ironestone block, per sq. yd.. 2.097 520sq. yds. Ironstone or Veedersburg Block, resurface per sq. yd...,....'......................................0. 1.88 Mortor cushion per seq. yd................................. .25 Concrete stretcher block,, -per tin. ft.............. ...... .20 Extra concrete per. eu. yd.. .... . ........... 6.50 Contract awarded to the, Western Construction Company for Trinidad Sheet as halt and Voodersburg block- laid in a msrtor cushion with Granite qtretcher black sn.g s ix (6" ) inches addd it ional concrete under ties, along tho , ;1, in portion of street occupied by the Chicago, South Bend & Northern Ind i - Ra way Company, as per res elttt ion of the Board of Public Works of April 16th. , 1918. pe -:orm all ork in .hA prosecution of said improvement under and according to the tetras and can - ditions of Improvement Resolution No.......,... ... , adopted by the Board of Public Works.VAhX?aArY., 5th.1918 . And the plans, profile a-rd specifica+;ons on file i-n the ofXite of the Department cif Public Works, which said --resolution, plans, s±rofile and specifications are made a part. hereof as fully and effectually as if copied and set out hereir at fell length. The contractor further expressly covenants and agrees that in the prosecutiorf`of said work all proper ,skill and care ;' i be exercised; th;ot he =-:�M to' er'.{- d. a-d pro-s-*. all excavations and dangerous places, and '­11 use all due and proper precaution to prevent injury to ,ny person or property; that in the event 4f any injury or damage resulting from the work or resulting from apy matter or thin;g,'connected therewith, or arising therefrom, to any -person of property, he wall pay and liquidate the satire at his own expense, and as- sume 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 recov theK#in,.$ad will. in all respects fully indemnify'and Aava harmless said city, it officers; agents or reproMires frotu` all cost, expense, payment or judgment rdovvc: in connection with such daub of eliiims, actiots,or actions. And _ii_ within ten days after any such agtkn -is begun, the city shall .notify the contractor pf d%e pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and igni>At tin surety an his construction bond. as Lt6 the amount, liabikty and other swatters pertaining thereto. And -fit <<c_cr gees to mam- a.ir. sa n th" period and rn the mw ,ner as fixed by, the spec,hc:a+ions, ano se to file with the Board of Public Works a bond wllth sufficient surety -hei et:_.: and , . at :; r1l)CM,, E; specifications. And in doing such repair work the contractor and the stirety o-.i, hi zi:ara.-i:-. subject to the same liability to the city and any other person for any injury or tiainag- co ally erty in the same manner and to the same extent as is fixed in the last preceding paragranrl co'e-Y -t"1i_ . > ,. struttion work. And it is further agreed byand between said parties that the acceptance of ,the wolx pro.•iaed r _x• i�l t', A contract, or thepayment thereof, shall not constitute a waiver on the .part of the city of any o: c'z., proves ions of this contract, nor shalt it release said contractor or the sureties -on his bond for the faithful perform= ance thereof; nor shall the aeceptatice be prima facie evidence of the performance of any provision of this • contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him,.or his agent, fa assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in vor of the contractor or his signs, or out of the amQ"t due him or his kisigns upon the completion of the work, so much as tiny be ne?cessary to *ber or materis4 then for amounts due them, for work done or materials used or fet, ac in to be t} eel in the performance of .this,contract and -the doing of- ;aaid work, and the county trcasuret, noting as atx :tieasarer, retsia money collected frosts property' owners assessed for said unproveman; to pay sash debts -or un�il ootatraator •bows tlptt 64'y hays best paid , or pat�efced - _ - VIS Wednesday April . Continued rn remo all rua:�isrc earth. and unused material in the streets or aides thereof Fe} on the comni ~,rwi (,F the imnrovemt; tt or the arepairing thereof. The work, of making qm-h i provement shall be completed accordingto the terms of this contract onpr aefore the.:..... ...... !_ '; .JE �?.... -......- •-- ---daY of ...................... _.��..= - . 19...L --, un�.ess the time for the completion. of the sar-�e shalLbe extended is wrf"t ::.g by tt�e Board of Public Works.. Ar d it is agreed that any such extension of time, or any alteration of thin contract or of the manner or meth- od of doing such work shalt in no way affect the duties; obligations or liabilfties ties. of the contractor or his sure - It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, wrthom the written co:ksenr of the Board of Public Works. It is further agreed and stipulated that tte contractor shall give to residents of -,said city and county preference in the employment of all labor tiecessary 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 this stipulation. And upon the performance of all the terms and conditions of this contract, and things to ,be done and rerformed by said contractor the said city agrees V cause the cost of doing such work to be assessed, coi- ected and paid to said contractor in the manner fixed by the. statute governing the making of such improve - meats. To each of the conditions and stipulations of this contract, including all and sxngidor the provisions and term of the plans, ',profile,, specifications and resolution aforesaid, the tmderoigneo binds himself -or itself, and the respective successor. °or°assigns°df°sut:h parties, ° . NI TESTI1ai0NY WHP.E©F,,a e,° the foregoing named parties, hereunto set our hands thloo l7,QX. ,, . diLy of April 1918. ° CITY OF SOUTH BBND, INDIANA.. BY GILBERT A. ELLIOTT H. F. ROSTISER JOHN F. bERAM ITS BOARD OF°PUBLIC WORKS. CONSTRUCTION' BOND. THE WESTERN CONSTRUCTION COMPANY FRED RANKERTs Contractor. . Knees. pll_ moo, by, tbpse presents, That we The Western Construction Company of the Couoty, e f , $t. , J0 pp)i. , Ste6te, ef' Indiana, as pr inc ipal, and, The Aetna Casualty and Surety Company of the County of Hartford , and State of Conn,$ as ,curet ion, are held and firmly bound to the City of South Bend , Indiana in the sum of .Nina Thousand. Two hundred and thirty nine (09,.239.00)Dollars for the pay- ment of which, well and truly made, we jointly and severally bind ourselves, pur heirs, executors, adminstrators and assigns, firmly by these presents. The cond it ions of the obligation are such that if the above named The Western Construction Company shall faithfully comply with the foregoing contract, made and entered into the 17th-9 day of April 1918, with the City of South Bend, Indiana, and shall fulfill all the c and it ions and st ipulat ions therein contained, according tothe true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain in fell force and virtue in law. In the event the said City shall extend the time for the completion of said Work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and rephir of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the faithful complalarac• with all other conditions stipulations and requirements covered by or set out in the contract. witness our hands and seals this 17th. , day of April 1918, THE AETNA CASUALTY & SURETY CO. THE WESTERN CONSTRUCTION COMPANY BY WILLIAM E. GELTZ BRED RANKERT Attorney in fact. Attest: Frank R. Dunnahoo, Attorney in fact. The above bond approved this 24th ., day of April 1918. GILBERT A. ELLIOTT H. F. ROSTISER JOHN F. DEHAVEN BOARD OF PUBLIC WORKS. President.