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HomeMy WebLinkAbout07/31/1918 Board of Public Works MinutesBoard met in regular hearing at 7:15 P.M. All members present. Deferredhearing had on Condemnation Resolution No. 5t for the j widening of Oakland Street from South line.of Mishawaka Avenue to the St. Joseph River, in the City of South Bend, Indiana. °In the above matter "remonstrators 'appeared but no further written remonstrance was Piked `and retrionstryice `f ifcd July 17th. ,1918 was over-rdled and thereupon, be inig fuilq Iadvised' 'in the matter the Board takes final act ien OR said resolution, confirming with mad if"ication as follgwq;,nRAgq cation: confirmed on basis .of a fifty (50), feet street with twenty a(20) feet taken off and from the ant ire length of the property .abutting .on cast: aide. of Oakland Street, The Board therefore leolares sthe above property in all things a ondGmt r r•iated for publ i-o use•, the Board,now 'orders that 'a List ©f roll condemned and app op� ne prepared of all the owners or haide-rs of property and of valuable interests there- in sought to be° taken or to be- injur-ioualy zffected', which said list or roll shall also describe the property beneficially affected.°.' ' Mr. John Hibbard, Attorney A'. E. Martin, representing Mr. Hibbard Mr. Pershing and a number of other property ownare on Oakland Street present at said meeting on Oakland Street. ; The matter of ,a Sidewalk on' South Michigan Street between Derunflyer Avenue and City Limits was taken up' by the Board 'and discussed with a number of. property owners on said street. The Board instructed property owners to present a petition for waid sidewalk and same would be giving cons iderat ion at a later date. HeaAAng given on resolution for improvement of Pertgge Avenue from alley north of Kinyon Street to city Limits, hg pavement, under Improvement Resolution No. 579. In the City of South Bend, Indiana., In the above matter a number of resident property owners appeared, but no written remonstrance was filed. The Board after due c ons iderat ion decided to defer said hearing until Wednesday August 7th. ,1918 at 7:15 . P.M. Board advised property owners that they Would have representative of the Chicago South Bend & Northern Indiana Railway Company notified to be present at next hearing, so an to find out about lacing of rails before pavement went in. Property owners residing on Huron Street between Kosouiszko St. and Olive Street met with the Board in regard to petition filed previous for grading of said Huron Street. The Beard advised said parties that they would make a _trip aid investigate said Huron Street. The following Bond and contract was approved by theBoard. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, Made and entered into this 313t., day of July 1918 by and between fleo. J. Hoffman Co. 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 Forks (hereinafter referred to as the " City"). under and by virtue of an Act of the Generk Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations i approved March'6,1905, and all amendatory and supplemental acts thereto. W nesseths that the contractor covenants and agrees to do the grading of Miami Street from North line of Ewing Avenue to South City Limits, in the City of South Bend, Indian at and for the following prices:^ 7112 cu. yds. of grading, per cu. yd................. $.68 159 r �.. ..� --+• ,n e^; t it ar�s»mPr7f livider and according to the terms and ct)n* and to perform all nor n ' dltlons of ITi n*Yc r Ar r n �- `.r1 �� hvTthe Beard ref Q7 �' i'orr's........... - r of Pii10'c Wort-, vT>7'�h s?id and the plan-, tlrt �'' s tin � f.' � •-- reGlutiO , n".�+ c r.+` . --a ,rA „!, + �, 2" '^f S 1'sv and P. eC'_.?ally as It copied and set out herc- "rite C{-r. .?"1C_Gr f1 �?' .. ':'7 dF• iiir'i `; :t - t.,_.�- I' i?" !'. "l t:on n{ wnrt, -111 proper . skill ai<.l care iI �.i'l ti}t:S a' fl dai-igerous places, and t /'l rise; . tl Y it n r n,i r 3_tnr s ey; ibat i,i t ,' ev^n` 4.1. any injury or < r rr^ Yt«i.7 r th* �` ^pair ectPti th�r^Wi�i or am �rorn, ^ V r - ,+ r sr � .,l ry ;•...' I ,,,,:lie 1.,? S ri a b;F, own eXpfnse, -inn as - rising the sume the liability she ; a i to ` „ ,c y � o ct r s t � m -i or a /v ac Gn c r actions i11M,ng brought ag,:, :7t the city by ^saor on i, t ,r r -1 g o-.:,t of J or or its con s.triiction, tl t said a .rar'"' .. a : -t ° t. r ,v a,. y t Ct ment 12covered therein, and will In contractor will at ho��r', esp..nse .e� , •^d ..., J _ all respects fully indemnify and save harir'.zss sad ,y, i1-$ officers, agents or representatives from all cost, expense, payment or judgmtht-,:rivered in connecrio i v `h svc t ckaim' or claims, action or actions. And if Within ten days after any such actroa *s 1:eoun, the city sh?l1 notify the contractor of the pendency thereof, then any judgment rendered against the city, --shall be.conchisive against the contractor and against the surety, an his construction bond, as to the asnottnt, liabih* and other matters pertaining thereto. F P' rc-es io n a -'-'am said ii£ke'ry '-fl en fc. t 3 the iti: RAC at?d in the lilac."s%iEr S5 f3X2d lij* the S`?,ci 3'_lorls= 2-idto`8 rc 1e uiain enai:ie and repaii t to file wi ll t'tt Board of �ubtic 'tuts, a borau":; th sufficient sz�rvig theie : awl i,� an amGtw^t a: fixed by sl, tfi amens, Ard in domg such repair work the contractor and the surety oil hi" wi3ra7ttCe bond shall lie s#x!3gect to the same habili y to the city and any other p-.it rson for any injury or dalnaa to acYy per > : or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph cove ig the con- structiopwort;. 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; %haztl not constitute a waiver on tht part of the city of any of the provis- Im-ts of this contract, nor shall it release said contractor or the sureties on his bond for the faithiul perfortn- �at ce thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, ckrept te,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 mating of such improvement and in the performance of this contract, whether done or furnished for hint, 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 -4e;amount due him or his assigns upon the completion of the work, so much as may be necessary to pay all laborers or matexiai txien for amounts due there for work dose or. materials used or ftifriished to be used,irt the performance of this contract and -the doing of said mot f ; n the county trca.surer; acting as _ city ireaasurer, may retain money collected from property owtjers asesQpd tor said improvement to pay such debts or tannrll the contractor shows that they have heart e Cc- a ^" .gg.'3z to �"eixw- a 1kli rU)��v�jY #clay ' to -Vtgtm t—Al % VM W* At 0414. upon. the compietlo>•i f th# i l !'oyhpi?l 1 Lei kht mk3at�llkl* v6linbf, The worm of trlr irg sn--h e btfos°e the; ..... ............ .ru.aw:..e.a.•.. .in.ua seta wu:4F3 afs:Ywaa s sew i Y : Y .Y YY ei e a y ,: unless the time for the of "ht sd".aft sit ; bk e' i ti 1h ;`i! ,And it is agreed that any s+tv-h 0"vtj at j'i+f �Wg tm �90 ri a Ott iKA W�H od of doing such work shall in ro iA19y VT�d th6 dullrid, ti64-4tit�iill 41 t 4411 gd t � i ales, It is agreed that the vmntrnc Ar d44il ++ot �§81#ti title i5i tt �i.; �r �41 - t i �iak 60 44 06A i6ml Wry be done hereunder, with<, fhh �. rs ny :7 ibut tzar, �,l'" It is further agreed a,ti :i'stii' s4tt�ii # sad l}�ii4l:� fil preference in the eln�loyssz<;nt of Al 1fsf3cir �ee,.asilty #it fog ocdli ' #Neli 6� f #� �tt4 �, �f�t� � fjhu 1® 5 A :haU forfeit to the city the sutn of t;1s1 40161. of tn6* #01- " , 4 � ¢ 4� 4 , And tlpcm tits periarman of ail. tl~<d 4rrl� a�tY ��trr#tl f4€d fllj#� �lOrfWUked by said contractor the,#aW 6ty agma tad 6a 0 f 6a �_ ti ,W fected sad paid to said cosrtrzeW io i mw &6d,bj tft ftt* #01fIftlPF90-1 To each of flits 6( Niot ka n reqmclim s -sr, (sr 6 iir lbw: IN TESTIMONY WHEREOF, Wes the foregoAn named parties, hereunto set our hands this. 313t., day of July 1918. GEO. J. HOFFMAN CO. CITY OF SOUTH BEND, IND IANA . BY G . F. HOFFMAN Contractor. BY G. A. ELLIOTT H. F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. CONSTRUCTION BOND. Know all men by these presents, That we Goo. J. Hoffman of the County of St. Joseph, State of Indiana., as principal, and The London & Lancashire Indemntity Company of America,, of the County of and State of as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of Two Thousand Four hundred and nineteen Dollars ($2,419.00) for the payment Of which, well and truly to be made, we jointly and sevrally hind ourselves, our heirs, executors, adminstrators and assigns, f irmly- by these presents. 0 The c and it ions of the obligation are such that if the above named Geo. J. Hoffman shall faithfully comply with the .foregoing contract, made and entered into the 31st.9 day of July 1918 with the City of South Bend, Indiana, and shall 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 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 band, and the suteties on the same Ball not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall bbeholdc.responsible for the faithful compliance with all other conditions, st ipulat ions and requirements covered by or set out in the contract. Wt iness our hands and seals this 31st. , day of Auly 1918. GEO. J. HOFFMAN London & Lancashire Indemnity Company of America. By H. J. Lederer, Attorney in fact. Tha4 above bond approved this 31st.9 day of July 1918. G. A. ELLIOTT X.. F. ROSTISER JOHN F. DEHAVEN (S E A L) Board of Public Works. Hearing given on assessment roll and $final estimate for water con- nections on Harvey Street from Allen Street to Blaine Avenue, under Improvement Resolution No. 574. In the City of South Bend, Indiana. Ira the above matter no remonstrators appeared and no written remonstrance was filed. The Board therefore f.i.nd that the property assessed in said rolls filed July 10th. ,1918 is benef itted in the amount of assessments as shown on said rills, and the Board further find that the assessment roll filed July 10th.,1918 and the final estimate allowed July loth. ,1918 should be and the same are hereby in all things ratified, confirmed and approved. Pres ideflt.