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HomeMy WebLinkAbout09/10/1918 Board of Public Works MinutesBoard met in regular session at 10:00 A.M. All members present. :Ur. Staples appeared before the Board and requested a resolution be prepared a a sidewalk on .Brookfield Street from alley north of California Street to California Street on the east side. The Board adopted resolution for Name. Ehe Board ordered lights placed as follows: - Are. lamp at the earner of Huron Street ad Pulaski Street. 80 C. P. Lamp at Cor. of Huron Street and Harris Street. 80 C. P. Lapp at cor . Rapier Street and Maple Street. Are. lamp at first alley east of Jacksn Street at Dunham Street. Are lamp at.Cor. Dunham Street and Warren Street. Are lamp at cor. ofWarrenStreet and Ford Street 80 C. P. Lamp at lat. alley south of Division Street at Warren St.' Arc lamp at Fiseher St. between McPherson Street and Laurel St., so C. P. Lamp at lst. alley of Division Street at Walnut Street. 80 C. P. Lamp at cor of Walnut St. and Huron Street, Clerk instructed to notify janitor to have ekipenter fix up all loose windows in City Hall and keep account of expense. The Board awarded the contract for readiat ion and heating in the City Hall to Wm. H. Burke at prices submitted in bid Of September 4th.,1918. Bid was received, opened and read for pipe sewer can Columbia Street from Indiana Avenue to 75 Feet north of Dubail Avenue, as follows.. Bid of Bruno De Paepe. 10 inch pipe sewer, per lin ft.....................$1.60 8 inch pipe sewer, per tin ft...................... .70 - 6 inch pipe sewer, per lin ft...................... .80 Manholes, per foot in depth ........................6.50 Manholes, curbs and covers, each...................15.00 Storm water inlets, each .......................... 8.00 CePt if ied check of $100. 00 Cemetery Sexton filed financial report for the month of August. same read and placed on file. Board authorized G. A. Elliott to go with the Mayor and City Controller to the Mayor's conference to;be held on the day of September1918 to c ons iderquest ion of taxation affecting C it fries the size of South Bend, and he was ordered to keep an itemized account of expense and the same would be allowed by the Board. Mr. Kelsey appeared before the Board and presented a plat of Replat of lets 17918 and 19 and Subs- Division of Out lot A. in Henak Leer's Sub. of the west part _ of lot No. 4 in the partition of the estate of Samuel Leer. Same referred to the City Engineer for Ink a report. The Board ordered two new locks°plaeed on the doers of the Board's offices, and keys givmn to the foll®wing persons. G. A. Elliott, H. F. Rest iser, John F. De Havel , Veronica C. Sweeney , D. C. Layton, J. W. Fites, F. J. Anderson, Chas. Johnson and Archie Cochran.. entember 10th..1918. Continued Engineer filed assessment roll and final estimate for Trunk. sewer system on High Street and Ewing Avenue, and in and along the following described property. High Street from Bgwma,n.Street to. Ewing Avenue, Ewing Avenue from High Street to Miami Street, Miami 5trect from Ewing Avenue to South City Limits, Donald Street from High Street. to Miami Street, Fox Street from Miami Street to High Street, Altgeld Street from Miami Street to west line of Weidler's Addition, Victoria Street from Miami, Street to crest line of Weidler's A_:dition.and the alley west of Dales Avenuo. from Ewing Avenue to Vicotira Streit, under Improvement Resolution No. 503,1917 in the City of South Bend, Indiana. ° Redolved, that notices as to the assessments as . required by law be published on the 16th. , day of September 1918 and on the 23rd . , day of September 1918 in the South Bend Daily Tribune,. stating that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 2nd. day of October 1918 at 7: 15 P. Resolved further, that the entire work under the above contract be accepted and approved and the f inal.estimate thereon allowed. Notice of this resolution shall be published on the. 16th., day of September 1918 and on the 23rd.., day of September 1918 in the South Bend Daily°Tribune, stating thatthis Board will give a hearing an the acceptad.ce of such work at its office -in the ,City Hall on the 2nd. day of October 1918 at 7:15 P.M. The following c ommunicat ion received, read and placed an T'il-e. and referred- to the City hater Works dept., ° Sept., 7,1918. Beard of Public Works, . South Bend, ° Ind iana. Dear Sirs: - I was dr iv ing on South Lafayette Street Thursday A. M. the 5th. , , the street which is unpaved and has no curb ina was in such a c and it ion that I had to drive to one side in doing this my machine struck a water hydrant which could not be seen Qn account of weeds and grass that had grown around it. .I was at your - office and was advised by your clerk to appear at the meeting of the Board next Tuesday morning between the hours of ten.and,twelve A.M., Very truly yours, CONSUMERS COMPANY, by J. J. Cunningham - . R. R. No. The following resolution was aonpt vddby the Board. SIDEWALK IMPOVEMENT RESOLUTION NO. 585. Resolved, by, the- Board- of Public Works of the C iy of South Bend, St. Joseph County, Steno° bf' India1'1s; ` thaat° it° is deeemed necessary to improve East side of Brookfield Street from �ilii'flrhia°Street° to the first alley north of California Street as follows, to -wit:- ° . ° . ° . . By grading the east side of said Brookfield Street from the property line to the curb ine and constructing cement curb and cement sidewalk on the east side of said street from California Street to the first alley north of California Street, all as is more particularly shown, and all in accordance with the plans, profiles, detail drawings and specifications on file in the department of Public Works of the City of South Bend Indiana in accordance with the profile, details, drawings and specifications on file in the office of the Department of the Board of Public Works of said City; and such improvement is now ordered. The cast of aid improvement, including the cost of street and alley Intersections, shall be assessed upon the real estate abutting on said Brookfield Street all according to the method and manner provided in an Act o the General Assembly of the State of Indiana, entitled " An Act Concerning Uunic ipal Corporat ions, " approved March 6,1905, a°nd in accordance with and pursuant to the provisions of amendatory and supplemental acts thereto, passed by the General Assembly of the State of Indiana, Assessments if deferred, are to be paid in ten equal annual installments with interest at the rate of Six per cent per annum, A bo>did or bonds shall be issued to the contr ,actor IA payment -of such work, unless the property owners pay said assessment beforesaid band er bonds are issued. Under no circumstances steal the City of South Bend, be; or be held responsible for any sum or sums due from said property owner or ormers for said work or for the collection of the: same, or for the payment -of any bond, bonds, certificate-- or cart i fieates, issued to said contractor in payment for such work, ex eept for such money 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 one in the making of said improvement, assess- ment of property,: collection of assessments, and issuance of bonds therefor,. shall be as provided for in said above entitled Act and amendments thereto. Notice of this resolution shall be publiskad on the 16th. day of September 1918 and on the 23rd. day of September 1918 in the South Bend Daily Tribune. This Board will give a hearing on this resolution in its -office in the city Hall on the 'lid. day of - October 1918 at 7:15 P.I. G. A. ELLIOTT 'BOARD OF PUBLIC WORKS. H. F. ROSTISER JOHN F. DEHAVNN ° Attested: - Veronica C. Sweeney, Clerk of Board. Tle following bond and contract approved by the Board. PUBLIC IMPROVEMENT CONTRACT, ` THIS AGREEM@NT, Made and entered into this 7th. , day of September 1918 by and between elm. H. Burke of the Coun$ry ofSt. Joseph, and State of Indiana (hereinafter ter referred to as the " Contractor%) and the City of South Bend, in the County of St. Joseph, and State ®f 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 af. Indiana, entitled " An Act Concerning Municipal Corporations, " approved Mareh,6,1905, and all amendatory #*d supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to install water connections an Portage Avenue from alley north of Kinygn Street to north City limits. at and for the following° pr ices: -- Long side 56-1" taps, each.....................$60.30 Short side 534" taps, each ...................... 36.96 Long side st%a 1-4 " tap, 52.72 Short side 4 w tap ...................... 33.23 A _ 9 Y YAv4tt I?t�Y�:- ���1 �a�cC{{$rr�linr� tto tt�e �errns and can. rr ir.-Kc.rG ^ram.. --••- ---- -. a,p,<�`�Q�`j Rt'z1 c ��arks....._...._. »` �1T7i4C .f.0 3 CVy Xb Spid r e �y�� � �fl� 'Poe.';���`_4otis �� �+��e � '�J rt �4��e�f a� �akk� �l?y� e���Ct �$;ly �3 i� topleB and na con- -actor mtlwr e=.-preas-fy cgveiiaiats and agrcea spat in the prosPcu*ion of said work all proper - sl,ill .=.,.d care i", b� ecere; lath ;-lea '} r,r j T` , --t all excavations and dangerous places, and ';1 use f1t•'„ c'-t;� , P PS .` . `;Yl ^ 7r ' . in -y "i?Y i er 90tt t�T � rr'(-' t r i� n t t tc i q«r-•.9a r tt 7 n :r } that t `i, P,Ve Qy any injury or 2 .r•,ag;•y rcat'-`A114from t' ' :FJ : or r 1F ^g frnm n,ly ,+-atter or thin rornectr:l therewi'1; or F'_i ansing Therefrom, +o a"Y pe of proper y, he ,.,11 r2v ar,i lir-,+idate the same at his own expense, and as- sitn.e the liability thereior; and in the e-.Pent of any clairi or claims being made or any action or actions b-2irg bro�ight against the city by rea§� P en a£count of or growing out of said work or its constriction, illy said contractor will at his own.expanue- d_f@ud the sra;ne, and gill pay any judgment recovered therein, and will in all respects fully indemnify and sage hftrfftfe§§ §gid city, its officers, agents or representatives from all cost, expense, payment or judgment recowmd in 6—a4nectign ;With such claim or claims, action or actions. And I within ten daps after any such action § 11", f?� pty ball notify the contractor of tlLe penri.c.rcv ther-of, th-m auy judgment rendered against the &.§h ltj s,g c!u av against the contractor and against the surety --n-struct"on band, as to the anwunt,, � " ,ts} hers .pertaining thereto. 4_ _ - e 07 And, the contmctor agrees to maintaip_.saw improvtment a-_.0 ra"e such repairs ei; way be necessary, the period andin t-he manner as fixed try the sopcifications, and to secure the m. maintenance and repair thercc)f to file mith, the Board of Public Works a bond %vA sufficient surety thereon and in an amount xa fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be s+hj�ct to the same liability to the city and any other person for any injury or damage to any per, in or prop erty In the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- stroctjon work, And It is ,further agreed by and between said parties that the acceptance of the work provided for in this contract, ar the payment 'thereof, !halll not constitute a waiver o,% tht part of the city of any of the provis- 1214 of fhis C04traet, nor, shah it rolea.e said contractor or the sureties on his bond for the faithful perform. s.<Oes thercot l nor EhWI who acceptance be prima facie evidence of the performance of any provision of this contract, exf�opt 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 nich Improvemcht and to the performance of this contract, whether done. -or furnished for him, or his agent a$€ignee, Ppr--neor or subcontractor - and the' city may reserve out of any allowance. made on any estimate its favor o+ ti r eentrzctcr or ;pis assig:us; or out of the amount due him or his assigns upon the completion r` ib ° r n'ulA, as ma '' l e recessary-to pay all laborers or material men for amounts due them for work ddytte or materiala used or fUltnished to be used in the performance of this contract and the doing of t,.,:;i v, �'4,,, a: •i' ,t{ :asur r, acting as city treasurer, in q retain money collected from property P11111el3 €?as'ess.<d for said improvement to pay such debts or until the contractor shows that they have been fi<# at* satisfied . ' 1 r ,:Rn, earth. and unsnsed material in the streets or sides thereof Upon ;he eotnu�f+nn ,s `the ixr *�rovAm it or the repairing thereof._ The work o£ xrr ltirg sr4-.'j-txnprh �'!�t4tent shall be comMeted according to the terms -of this contract on or before the,....... ...,� . day uMess the titre for thti�conplet;nn oirne°sa! shall, b- extended to w*; i g by the Board of Public Works. And it is agreed that any sirli eater -ion of time, or any altems ion of this contract or 4 the manner or meth- od of dO:tsg suclt work shad11 in no way affect the duiPs, obligations or liabilities of the contractor or his sure- ties, , It is agreed that, the. cnntra.r+nr cha,11 nt assign *his contr�et.. or sits-letthe work or any part thereof to be done hereunder.. virhoot th,. i;.. s r. ; .,, ,71 the Roarrl r F��l>tic ti'\1r>rks: It is fttrti er &gceµd a d �ti}i�c7 - l ' :s - t c.�n*rncf-6r sl��l�: f "E to resi�len±s of said city and county preference in the employr •.nt,ot . �l 1� r ,n�� sary in the perforraar.ce of this contract, and failing to do so, shall forfeit to the city the_ surn of ie,z for ac:h failure to obseive this stipulation. And upon. the' performance of a., the terns 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, col lected and paid to said contractor in -the manner fixed by the st8tute governing the making of such improve- mente. To each of th4 -conditions and stioixlations of 'this contract, including all and singular the provisions and `^*~r+a of the plans, profile, specifications agd-resolution aforesaid, the unde'rsigped. binds himself or itself, and t°Yie °3'�C'sp�s e t iv a of such -parties. successor or assigns IN TESTIMONY WHEREOF, We the foregoing named parties, hereunto set our hands this 7th., day of September 1918, CITY OF SOUTH BEND, IND IANA. BY G. A. ELLIOTT H. F. ROSTISER JOHN F. DERAVEN Its Board of Publ 1 c Works. CONSTRUCTION BOND. M H. BURKE Contractor. Know all lien by these prevents, That we Wm. H. Burke of the County of St. Joseph, State of Indiana, as pr inc ipal , and Jno. E. Fischer of the County of St. Joseph and State of . Ind iana as sureties, are held and firmly bound to the City of South Bends Indiana; in the sun of Two Thousand Six hundred and ninety four -- Dollars (02,694, 0.0 for the payment of which, wjll and truly to be made, we joIntly and severally bind our -- selves , our heirs,, oxeeutora, a4Tm�"s rators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named Wm. H. Burke shall faiihfully'camply'with the foregoing contract, made and entered into the 7th. , day of September 1918 with the City of South Bend , Indiana, and shall fulfill all the conditions- iand-'s ipula,tigrig "itiercin 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 feree 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 bend, and the sureties on the same shall not be held responsible for the maintenknee 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 ,vet out in the contract. .�08 Witness our hands and seals this 7th., day of September 1918. 1M. H. BURKE JNO. E. FISHER The above bond approved this 10th.0 day of September 1918. G. A. ELLIOTT H. F. ROSTISER JOfiN F. DEHAVEN Board of Public Works. AFFIDAVITS FOR PERSONAL SURETIES. STATE OF INDIANA ST. JOSEPH COUNTY SS I, Wm. H. Burke, swear that I own real estate In St. Joseph County, State of Indiana, of which I am assessed in fee simple of the value of Six Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. IM. H. BURKE Subscribed and sworn to before me, theundessigned Notary Public this 7th., day of Septe mber 1918. FRANCIS M. HAMILTON My Commission expires Oct. 2291918. Notary Public STATE OF INDIANA SS ST. JOSEPH COUNTY I Jno. E. Fischer, swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed In fee simple of the xbnxn value of Six Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I belie ve, so help me God. JNO'. E. FISCHER Subscribed and sworn to before me, the undersigned Notary Public this 7th.9 day of September 1918. ' FRANCIS M. HAMILTON My Commissioner expires Oct. 2201918. Notary Public The following claims were approved by the Board. Engineering Dept. pwyroll.............$113.75 Street and Alley payroll..........1, 583.33 Garbage. Dept., payroll............ 407.55 Joseph Krill 12.00 Street Repair, payroll ............... 180.18 Total.... ........ ......82, 2905.81 All of the above bills allowed. President.