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HomeMy WebLinkAbout09/18/1918 Board of Public Works Special Meeting Minutes214 Board met in special session at 4: 00 P.M. fir. H. F. Rost iser absent, Mr. H. B. Dietweiler, Secy. of the White Construction Company met with the Board and signed th contract and bond for the pavement- improvement on Portage Avenue from allay _north of Kinyon Street to north City limits, under Improve- ment Resolution No. 579. PUBLIC IidfPROVEMFIT CONTPkCT. - THIS AGREENT, Made and entered into this 18th. , day of September 1918, 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 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 Indiana, entitled " An Act Concerning Municipal Corporations,," approved Larch 6,1905, and all amendatory and supplemental act thereto. Witnesseth, that the contractor covenants and agrees to construct Sheet Asphalt pavement on Portage Avenue from first alley -north of Kinyon Street to north City Limits, in the City of South Bend, Indiana at and for the following prices:- 4732 cu. yds'. of grading per cu'.' yd.........., ..... .98 20 storm grates, 'e°ach.....'.'. 0 0 ...... . ......... a.00 650 tin. feet of 8'"' eon&it• pipe',' per lin fit,........ 85 Resetting 29" •inl'ets`, aacb.'......................... 2.00 Resetting I2` iishh61es,` each.'. ... .'.........•.. 2,00 280 lin feet- of marg'iiial aurb-,• per` Iin ft....... .35 6684 sq. yds. sheet a`shalt;` Trinidad Lake per sq. yd2 .26 ", 4091 sq. yd6—. 6gravel' pavement; ` p`er sq. yd...... .68 atfd tb Verfor%all work in the prosecution of said. improvement under and according to the terra g` And core - ditiotis IInprovement %Wftii n Ila..,., „..... a 3opted by the Board of Public Work and the plans, pral+e snd spc�fitiiyns'on fire ih Elie e'_of tt, Department of Public Wo s, wh eh said retolution, plans, , rofiW-and specifications are made a part .hereof as fully and effectually as if copied and Aet cut "rent at,full length. s contractor -:further expressly covenants and agrees that in the prosecution of said work all props (skill al-d care •• Ul•be escercised;tl•r2 •he •=.• 11 n*7n-•w • r�•i a;+d•l•Fmtec't all ex avations any} dangerous places, and use al! Niue and proper pre,4u;ipq #q preye�at }n t}ty,tp .ny person, or�,.proeerty; that it,. +,hP%`eve j' any.injury or tiatflmt a-res :tug from the wnrk or resultti+g from any fi atter of thing-rnnnectM therewi-t {mot arising therefrom, to any person or pnor.rty, he :ill pay and liquidate the s m at his own expense, sume the liability therefor; and in the event of any claim or claims being rea�e or any. action f.,aetlons b, brought against the city by reason _or on account of or growing out of. said work or its cn"�trt. inn, r h s { contractor will at his own expense defend the same, and well pay any judgmmnt recovered therein, and .. _ll i-a all respects fully indemnify sad save -harmless said city, its . eers, agents or representatimrs from ail- cost, expense, payme ,or judgment recovered in coRthetbon such claim or claims, action or actions. And f: within ten days afteit any such action is begud, fbe city s i notify thee contractor of tie pendency ther-• )? . then star judgbatdt',rendered against the; city sham be; co a against the contractor and against the surety on Wo twstt;"eti+ction bane!, as to the amotint, liabili* send matters pertaining. thereto. And the soi.tTok: tear ,-,S t9 ttl:'{*.a'#:'`ta.tfl jWck al le the Period and its flit manner as i tQd lay tae sr e4n s�a.c� , at►ti to pc - re .ne to file With ele Board of Public Works a total x„th sufficient surety there(,,. and 4:1 an amount to nxl�d by •11- specifications. And tit dating such repair work the enntractor, and the surety rip his ptuaratatee Bond shall be subject to the saute liability to the city and any other person for any injury or datr►:age to any pcx :-t+ , or prop - arty in the same manner and to the same extent as is fixed in the lastpreceding paragraph coier4q the con- struction Wort{.. And it is further agreed by and between said parties that the acceptance of the works provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any �91 the pro` s= lotls of this contract, nor shall it release said contractor or the sureties on his bond for the faithfUl perform- ance 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 tol be used in 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' oT his assigtse, or out of the amount due him or his assigns upon the completion of the work, ao anur.Zt may- be ngcese seary to pay all laWrers or materiai en for amounts due these for Work dons, of msterlWO aced Or `N!"nished to be used isi the perform" of this contract and the doing of said work, and the - c6unty treasurety ' ecting .as" city treasureir, suh,yy retein money collected from property o rs awed for said-assprd�e>wegt t�: �► such debts or`urni tltc eoptr qr shaw►e that �i' Uye base paid at _ fri►08fied . - 1315 ear*,p, gr d unu sed =ter;al in the streets or sides thereoi apron 'rhP corn , �,* � ^fna 2t or the .rtnp,rinp,h*- t'riof.r she aso�� cf x- ,rams . t� trr�, rytre3lt �h�ll 4P cornrrre-.eq . rdirrg to:thA t rms of this contract on,gr bFfc+�e the,......, "� ... ...... .................da -of .--. ........ iZP:t:SS the time Cr X1P rnlY7ri' :7i7 �� :.f,C $..." 3 :. t o '`, e�r1Pd iTl w` a ley tlea g -rd of cP ibliCi i� r1rS. Ar,d it Is agreed -b S any ?"h YxSeie "ol �'m^, CT 9.MV alter, `ion of this �.—ract fir " the S. an ner oi, m t11- od of doing stvch work sh-11.l � r.o .fay a�fe.t the duties, obl,gstio-ns or liabilities of tht, c ontractor or his sure- ties, It is agreed that the cororar nr Ohsil hit° i"ssi n this contra<,t; or si±h-let the work or any part thereof to be done here der ivi¢�bo>it- , } " ,f th R. (i (,� _ It is further agreed 0.10 :t ,,. ,f 1 1�,�,i ',e con?r :.tar sh 11 gi.re to residents of said city and county preference in the ernpiosir rft o4 l' lay )r c,,zsary in the perfo*w nce of this contract, and failing to do so, shall- forfeit to the city th z�n o -n dollars for ea h faittire to oE;serve this stipulation. An4 upon the performanc? of, a:. the terms and conditions of this con,ract, and things to be dotie and performed by said con -c�or tae said city a"grees to cs�:.use the- cost ci doing such work to be assessed, col- lected and -paid to said cont*tor in the mariner fixed by" the statute governing the making of such improve- ments. To each of the conditions and stipulations of this .bontract, including all and singular the provisions and terms of the plans, profile, specifications weid' resolution aforesaid, the undersigned binds himself or itself, A.r0S.,e rasp.ective successor or assigris of such parties;" IN TESTIMONY WHRREoV. We, the foregoing named parties, hereunto set our hands this 18th.1 day of September 1918. CITY OF SOUTH BEND-,, IUD-IANA°. BY G ILBER.T A,.-ELLIOTT ......° ° ° ° ° H. F. ROSTISER JOHN F. DEHAVEN Its Board of public Works. THE WHITE CORSTRUCTIO14 COMPANY, H. B. DIETWEILER, Contractor. Seey. k. CONSTRUCTION BOND. Know all men by presents, That we THE WHIRE CONSTRUCTION COMPANY of the County of Milwaukee, State of Wisconsin, as prinic ipal, and the Aetna Casualty & Surety Company of Hartford, Conn ecticut, of the County of and State of Connecticut as sureties, are held and firmly bound to the City of South Bend, Indiana in the sum of Twenty Three Thousand and ten Dollars ($23,010.00) 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 c and it ions of the obligation are such that if the above Named The White Construction Company shall faithfully comply with the foregoing` contract, made and entered into the 18th., day of September 1918 with the City of South Bend, Indiana,, and shall fulfill all the c and it ions and stipulations therein contained, according to the true intent and meaning thereof, in all respects, then this obigation to be void otherwise to be and remain in full force and virtue in law. In the event the said Oity 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 eheldresponsible 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 w ith all other conditions,, st ipulat ions and requirements covered by or set out in the contract. WITNESS our hands .and seals: this 18th., day of September 1918. THE WH IME CONSTRUCTION COMPANY H. B. DIETWEILER, Secy. THE AETNA CASUALTY AND SURETY CO. BY W ILL IAM E . GLTZ FRANK R. DUNNAH00, ( S E AL ) The above bond approved this 18th., day of September 1918. GILBERT A. E T LIOTT HARVEY F ROSTISER JOHN F. DEHAVEN. Board of Public Works. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, lfade and entered into this Mth.,day of September 1918 by and between Bruno De Paepe of the County of St. Joseph and State of Indiana, (here- inafter referred tows the " Contractor" ), and the City of South Bend, in the county of St. Joseph, ,and State of. ilddiana , by and through its Board of Public works, (here- inafter referred to as the " City"O, under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, F approved larch 691905, end all, amendatory and sunolemental acts thereto;-• Witnesseth, that the contractor covenants and agrees to construct pipe sewer in Columbia Street from Indiana A venue to a point 75 feet north of the north line of Tuba it Avenue, in the City of South Bend, Indiana at and for the following prices: - 297 tin. feet of 10" inch pipe purer, per lin ft............ 01.60 15 lip, feet of 80,kinch. pipe sewer, per lin ft.............. .70. 90 lin. feet of 6" inch conduit pipe, per lin ft............ .80 21.05 lin. feet of manholes, per lip ft...................... 6.50 - One storm water grate, each...........:... .....•............. 8.00. T. Two manhole curbs and covers, each ..........................15.00 and to perform sYi wo>t• xn the prosecution of said"#ttlprovement uxider and ::carding to the ter,ps eaidaau- dititlas oi-Impeoow. 'No Opted bythe, ......»... 'Board' of Public Works............. . =sad the ptitris,profile a:td specifil*tlons on Me J. the q e of xh Depa; tment of Public Works, v, ,;ch said teaolatloe p11ft%:profl and::.speeifta ions are made a. past hereof as fully and el-Tectually -as if copied and ..set -out Ur* at ull length. ''' a t'cfatractor further ttcpressfy-cove4ant6 and arcAszthat �n the proceeution of said work a0? Proper s=' ¢1Fti18x:�Caie ��iii�!'�1CerL'�ildi1-1?•rC1L1pt;?•�;,r.��'\`>a+` -and'wili itse al!,Joie and-O r lash*.a*ton ke or-'Ve-nt �ftxfy o nv person -r prr -. rs a, s nijury or damrte-resulg f�r�m the work oi• rri..g ter th t < < l t; ,rr�x c,Y arising thereft`om, to arty perstm Or prop hs rtll n;y >tn•l li(, +date ttir S.3rta a' h+<. C�• n ea x,�nse fir, <<s }stiiice the litbility therefor; ands the Ev�'ntya►f an�r=:�1$i�t or claims hAin� tv"de- c•- arty actioncr act; o,;s trwght vg hia the .city by reason or"on ae�ouiit of or gmwlylg out of s�;d ,� rk- or its co^s rncti^ s�;� COntractt�r, will *-this o�an expanse defend the satrr, and will pay any judgrnd„t recovered therein, and ia; in 011 'regpects fully indemnify i4td save harmless said city, -its officers, agents or representati Ors from all cost, Ste, paymd it or judgment` recovered in coiteetion- with such claim or claims, action or actions. All within.-te5n-days :atfter any such 'action U begun, a city shall notify the contractor of tke pendc!,_c;r then: thett'ariy judgme►rit•rendered agairistthe city sha4 be conclusive against the contractor and against tn.e surety otaltiia txmstrtttn�ioi�C boau , as to the amottat, liabib*'and other matters pert- irdnp *t crete. And the contractor agrees to maintain said improvement a-d make such repairs a,; I., �; period and iii the maker as fixed by the etrficatioi�s, ail to secure the mai3ltena and. Ftl _. > , to hle with tit Board of Public .Works a bond with sufficient iutety thereon and in an amount, a# nixed 3 u fiscations. ,#diin 'doing such d _ repair wof c the contractor and the surety on his guarantee bond sha , t:•� si jttct to the same liability to the city and any other person for any injury ds.mage to any per �:' or pro:;- erty in the same manner and to the same extent as is fixed is the last preceding paragraph covering the co,:- struction work. And it is further agreed by and between said parties 'that the accap'tance of the work provided for in tt.is contract, or the payment thereof, shall not constitute a waiver on the pal't of the city of any of the provr;s- 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 tht refor. 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, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate '6 favor of the contractor or his assigns, or out of the o4nount due him or his assigns upon :the completion Of the work, so much as may be necessary to pay all laborers or materias suett fbr amounts due them for • vock , done or materials used or furnished to be used in the performance of this contract 'and the doing of said work, and the -county treasurer, acting as City treasurer,, may retain money collected from property owners assessed for said improvement to pay such debts or undl the contractor shows _that .t'hey have: been paid or satisfied agrees b rarnci--- all-ru_b:ash, earth, aril unused material in the streets or sides thereon upon the completion of the imnr0�,em-:nt or the repairing tbereo{. The work of making such imj7ioverpent shall be completed according to the terms b»£ore the. e time -.�...,..da o{- df thus contract;on or ss h me for the con letion of the same shall. be extended in-wr?ti;�g�by-the-Board.ef Public19... 7nd-it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth. od of doing such work shall in no way 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 sub -let the work or any part thereof to be done hereunder, without the writl-en consent of the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said city and -county preference in the employment of all labor necessary 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 performed by said contractor the said city agrees to cause the cost of doing such work to be Passessed,, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such im rove atettts. To each of the conditions _and stipulations, pf this contract, including all .and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid, tiro undc�ignld binds. himself or itself, end the respective successor or a.ssigus of such p&jties• 4 IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this 18th., day of September 1918. BRUNO.DEPAEPE CITY OF SOUTH BEND, INDIANA, Contractor, BY G. A. ELLIOTT H. F . ROSTISER JOHN F. DEHAVEN Its Board of Pub 1 is Works. CONSTRUCTION BOND, 10OW ALL MEN BY 'THESE PRESENTS, That we Bruno De Paepe of the County of St. Joseph, State of Indiana, as pr inic ipal, and United States Fidelity and Guarantee Company of the County of and State of as sureties are heldand firmly bound to the City of South Bend, Indiana, in the sum of Three Hundred and sixty eight Dollars ($368. 00) for the payment -of which, well and truly` to be made we jointly and severally bind ourselves, our heirs, executors, adminstra,tors and assigns, f irmly by these presents. The cond it ions ° of the -obligation are such that if the above named Bruno De Peape shall faithfully comply with the foregoing contract, made and entered into the 18th. , day of September 1918 with the City of South Bend., Indiana, and shall fulfill all the c and it ions and s t 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 farce and virtue in law, 'Ir. the 'event the said City shall extend the time for the completion of said work, such . extens ion.: shall , not in any way re lease the Buret ies ' on this bond. This sha.111 be a construction bond',aa�d the s-actt ies' on the same sha lI not be he ld res Pons ible f or the ma intena,nce • and • repa it > of • the • improvement ` after it has been accepted by the second party, but such sureties shall -be -held responsible for the faiiihful compliance with all other . e and it ions, • st 1pula.t ions • and requirements= covered by or set out in the contract. ?"ITNESS our hands and seals this 18th., - day of Sep},,ember:,1918i. BRUNO, DE - PAEPE MIMED ST.AMS FI?)ELITY & GUARANTY CO. , Tree above bond approved this 18th., day of L E., Bl rter, .Attar. in Fact. September lylb. G. A. ELLIOTT -H. F. ROSTISER JOHN i+ LEHAVEN ° BOARD 0n PUBLI1.7 WORKS. President.