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HomeMy WebLinkAbout09/15/1920 Board of Public Works Minutes.04'. s Board met in regular session -at 7:15 P.M. All members present. Hearing had ob resolution for grade, curb -and walk improvement on Rose Street from Portage Avenue to Kessler Blvd. and'Kessler Blvd. From Rose Street to Beale Street, under Improvement Resolution No. 837. IN the City of South Bend, Ind Tana, a - upon said hearing no remonstrators appeared and no written remon- strance was filed. And . the Beard being -fully advised in the . premises, decides that the benefits to -property liable to be assessed for said improvements are equal to ° the mated cost of . the -same , as reported by the City C iv it Engineer, and there- upoA takes. final action on said resolution as modified:- Extend sidewalk and curb on Kessler Blvd. to north side of Beale Street and as modified confirmed. Resolved further., that notices be published on the 17th. day of Septe*her 1920 hnd on the 24th. day of September 1920 in the South Bend Daily Tribune In said City, stating that this. Board will receive bids for the construction of said Improvements up to 10:00 A.M. on the 5th. day of October, 1920. The.Board reserves the, nigh to reject any and. all bids. Hearing had on Improvement Resolution No.'838 for the Pipe sewer on Irvington Avenue .from. Michigan Street to Fellows Street, in the C.ity of South Bend, Indiana. Upon said hearing wo remonstrators appeared and no written remonstrane 'xas filed. And the Board being fully advised in the premises, decides that the benefits to property liable to be ,ass*ssed for -said improvements are equal to the F` estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final a et ion on said :resolut ion as originally adopted and . the same is hereby In all things, ratified, confirmed and approved. Resolved further, that notices be published on the 17th. day of September 1920 and on the 24th. day of Se tember 1920. in the South Bend Daily Tribune, stating that this Board will receive bids for the construction of said Improvements up to 10:00 A.M. The Board reserves the right to reject any and all b ids . Attorney Arthur Gilliom appeared before the Board in regard -to the petition filed and contract fr the Souh Bend Motor Bus Company and presented tie following c ammmication from City Attorney Slick, no action taken _on:: -said matter, and same deferred until Tuesday Septenber2lst. ,1920 °at 'l0: 00 A.M. at which time this petition and contract will be discussed, and -the Board instructed the Clerk of the Board to request T. W. Slick City Attorney to be present at this time.. Sept. 1501920. Beard of Public Works, I have examined the proposed contract for right -toyoperate motor buses on certain streets and believe it is O.K. and should be made. I ee nothing in the la* to prevent the execution of same. THOS W. SLICK City Atty. Pote and wire Inspector reported on placing of light In front of Blackstone Tneatee 'Building on South Michigan Street as follows:- The foundation is - already setfor -bhe light post in the center of the entrgnce to the theatre as .the canopy of this theatre will be illuminated With electric lights, I would suggest there be placed a single globe light at each end of the canopy and remove the cluster, light entirely. The,Board approved of same and ordered the City to pay for one Tight and the theatre Company to pay for the extra lijtt for both installation -and .maintenance. Wednesdau 8eptiemoer InIn.,iyev. Ve Resolution for servgce Connections with • Mains Ko, 843 _ WHEREAS, the., Board of Public Works on the ...1:7.t h.... day of ... Amu$ t . 120, 192' l did adopt a resolution ordering and requiring the permanent improvement of _ .. $ ....... .. , ... ... Street from ....i�11�$&Tl. .Street to.it3llititr1`t"t't Street, by paving the roadway the same, and WHEREAS, the CityCivil Engineer has prepared and filed in the office of this Board a report showing the number and 'j location of the service pipes; 'mains,' aoaduhs, laterals, and connections which are, or will be necessary to accorrimoc'ate the I abutting property, and the owners, thereof with gas, water, sewer, and other conveniences and necessaries: and al:o, said City Givil . Engineer has prepared and filed in said office specifications showing thea,tgaterial to be used and the maner of laying, slid service pipes mains, conduits, laterals and connections from the mains to- the points in- - ' side the curb lines. I THEREFORE; be it resolved by the Board of Public Workes of the 'City' of South Bend, Indiana, that the report of the City Civil Engineer is adopted, and sa'd report and the specifications prepared, and fled by him are made a part of this resolution as fully and effectually as if I copied herein at full length; and atjs fur- z, ?' they ordered that all of such private connections with the sewer; gas, and water mains be, made in said street by bringing them inside the curb lines thereof. - i And be it further :res;&ed that ' notice by publication for two 'successive days in South Bend _ Tribune , a newspaper of general circulation printed and pu61 shed in the City of South Bend Indiana, be given to the owners of the property abutting upon said street to be improved directing them ;,.to, make such sewer and water connections on . or before the day. of 0 01 ab e r r 192 —, and that if said connections are not made on or before said time and in accordance with the -speci- fications and report on :file in the office of the Boardof. the Public Works, then said Board will cause the same j to be made and will asses the cost thereof against the property abutting open said street, and shall do all other things pertaining thereto according to the provisions and requirments of Ordinance No. 1842 adopted by the Common Council of the City of South Lend on July 24, 1916, and-cf all: other ordinances and law relating thereto. And, be it further resolved and ordered that after the 20 day Feriod has' elapsed for the making of said connection by the property owners, a notice -shall be publish3d for two weeks, once each week, in the t South Bend , a new of general circulation publ'shd in said city, requesting bids from contraetors for the making of such connectionsas have not been made by the property owners, j and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids shah j be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas and Electric -Company, which holds a fran. chile from, and is a npowere d by said city to furnish artificial gas to - the.; citizens thereof, and is engaged in said business in sail city, is hsreSy, directed 'to make and install all service connections with its mains in said i Street in accordance with the provisions of Ordinance No. 1555 adopted June 27 1910 and such otherordi- f panes or laws applicable thereto;: which connections ire &wn rrcn the Yrrcrt cf tLe City Civil Engineer, and which are hereby declared to be necessary in supplying gas to the owner of property abutting `"upon said street. Adodted this 1 S'th. day of $t;=tenj�ar 1©�tB2 tom. A ,-ELLIOTT Pub 1icat ions s.� HARW_ F. September 20th. , . and $let i ,1920 Tr ibune . Expiration of time Oct. 11th.019P-0 I Board of public Works. - i �ff 1 This Agreement, Made and %tered into this 13th. day of September 1920 by and between Joseph A.uthe.-_t� the Count of St. Joseph and State of Ind Tana, (herasinat r referred to as the Contractor"), and the City OV-South Bend, in the County of St. Josa� %a rao4 ; t e _ .of. Ind ia_ne,0 by and through its Board of Pub ie Works, (hereinafter referred to as the " city"),, under and %y virtue of ' an A et of the General Assembly of the State of India,r-a, entitled " An Act Concerning, Muni- cipal Corporations, " approved Larch ti,1905, and all amendatory and supplamcntal acts thereto: WitnessetJb, that the aont at -tor covenan 'grid ogreea to Construct .ter couxlectiois on Bonle Street from Portage Avenge .to Ressler Blvd. An. the City of South Bend, Indiana atand for the following ­p_rices:- :one inch taps on-= the long s Ide, each. .....°........... $36. 72 6 ore''inch= tape on the short side, each. , . , ........... 23. 00 - *d to per:crm aL - ..:,Iq „r said liiiprovemcmt 1,nder and accot to the tee -ma attt o ^s of Itn rva m-tt�sef on ...7,807 i144 k.e planar.flroi,iP �n , .a • - a`1 ;� * by the Board of ut kc x' or ,,:Jti22e �0 Ig�O. bons dlt`f[ie i.- ^sn^- of Department of Public ifi�orltis' �,,,tia� --''� F n � a�T�LS, pro�a and : _ s �. ia�i'liliso �ilkt L ll�i. vi iS fully and ffectua , -h SaZd set olit herein at full l .igth. � _ASS if copied and contractor further PvUrc,s: _y _ Nd�a :y..•. skill ai d care ii'.i b2 e_ hes t l+n the lsrosecufl^7 Sa�!.�>rk all proper and ••ail use „11 (!. ! :--I ��c^pr'r�_ e. d at�(i l ��� .,,. all e� ,!`iva.:ions and dangerous placer, ar.y.lnjl'ry dam7i r a_' i tl:� 1r r`Y e �01� or i � rt T� t'c1 I'1 a4P event .ansin thr4+. o - - _:� or r_ itinQ '� i;;�Y:..trx< or �thiz r�rrac�Pd t'zere�es'£i or g - m, to any pens_ or pron�rfv-"F+� . pa,' 1�-ate, the same at t :5 otfn eV 1SP, sums the liability therefor; and in t'_._ - �ia:r *, c clams b��n? P"� and a. brought aga`rtst the cityb reason c- -. r;, made cr-any action or acts . ' Y coui., 'f or grot ing out of _� `d v;ork or its con t -r-� contractor will at his own ense,de#end tr.� game, and kill a an alfzes�2e ts,#ull iridemmfv +� pay Y J dement recovered: *h ;,;jp aril wiil +� y sa rc :--alit--._ss said City, its officers,4ei is or re resent f' rrse. Pa P 2 .Yes from or judgin; nt'ecavered in connection with such claim or .elairns, aLts+an erstc+� wit ten days 'after any ecii ate„ , h-gun, the city shall notify the cortrl;cf0t 'e, r p then aav . t c.y ther .of, R+��>st re�edered ag>litnst � shall be conclusive against £4 eo�trictor.a�i 2aainst the sire se his- coustrU-tip bed, .W to th- acno,at, hatti6 .and "vtfi tt =. rte i beret ty ,aa s r$ "'^^ 3 .,.: a.- St?•_ii tLPSI Pairs Nha ®ri0J !»d is *.c txmtil��'1' zs LA .11, lions, and to secur a tie r iaintenance and repair vier e : to c with the board oUruibbe W�rkd a bon , rift sufficient surety thereon and in an amount aaal fixed by tto spefifiea€foss, And In doing such repair w•.erk tbo. contractor aiWthe surety an his guarantee bond. shall bo lubjact to the samd0liability to the city and and* (Aer person for any`". 'ury or da alp to any perrin or prop- ` arty in the s>ar a rims r and to gP th-c- same extent. 4 is fixed in the iasi preceding aatrat r h �9 ; *o colt- lrtructioh Work. _y And it is further agreed by an& bett+reen said par6u that the accepta~nce -�f .the war provided for In d is cwtract, or the payment thereof, shall not constitate'a waiver an igi'part of the -city of any of the pravi_o� lobs Of. this contract, nor shall if ..:Base -said 'contractor or the stara�i�s opt hls;bond for the faithful perforru. - ip9rt tltasreof, n®r, shall the w.,,.;ptance be prima'fa«e eyidenre oi-"he performance of aay'provision ~of this omtracti except to, the extant `ter ititling the contractor to the contract' finite therefor. The contractor agrees to 1.- • for all labor and materials,used or furrtiiihed to be -geed in the malting of tech improvement and in the l+erforrnance of this contract, w t ttt dolts or furs ighed for 1zim) or his aorw , asrtign�, Successor it subcontract; r, and, the --:city, n4y reserve -out of any allowance made on any estimitte in favor -of the contractor or I- Y' 1f -+-+J - _ s�zis or out � ttie�tuou�t dlte him or hit �ssigne door the co�� _ -.,a ®#-the work, so much .>ts mr}; •cessaty to pay all laborers or. material m#n for amounts due wee !o4r Varh doaao or materials -treed r fq-.shed to be ,iced in toe Performance o#this contract and tila• a'y«:>� of igld V�TI"...r "4 00 county � ,�� r, acting as= cixy treasurer, may retain... pgoney collated from property ownw 1481 vii-I fVR aw - to ,$ debt#' or until the co trallFr shows that they U re iaa v _ - ...�dC+^•• 8^ t!1 : ^11'^' A11 rf{t� Cdrf�l, 41dtln+R'cselt1'stke-lal tII the SfrePois or ikisii 1herr>Iw upon the c!+t d;ietion t.; the impro• m:at or #►e'repair�rtg,r'; The work of making such improve before -the. ment shall be completed according to thetermsof tins -cants -act an eat• ..--------------------- day of ...................... --------------•------ ---. t9._..... -y ur'.t;s the time for thA comlrletion of the same shall be extended in writing by C: Bea-ct.of Public ihtor*--s, And it`'is.agreed that any such, extenGion of time, or any altera*ion of this cent-••iet or of tha- many--r or meth- od of doing such work shall in no way affect the duties ties. , obligations or liabil#ties of the contractor or hs -?ire-0 Tt is agreed that the contractor shall -not assign this contract, or stab -let the work or any;lpart thereof to be done hcrr tn�'er, without tre wr ;':en �o ^t of the Board of Public Works. It is further agreed and stipulated the t "o-- contractor shall Five toresidents residents of said city and counfv . preference in- the "employrn !ht of all labor necessary inthe-pciformanceof this contract, and failing to,do sm„ shall forfeit to the city the sum of ten dollars for each" fa;litre to observe this stipulation. And upon- the performance of all !Ie terms and -conditions of this contract, and things to be done andperformed by said ,contractor the said city agrees to caus'ie the: cQs= of doing such work to file- assessed, col- lected and paid to said contractor in the., manner fixed by the sta,t=.itd ,6gverning the making of such improve- ments. _ To eich,pf the conditions aad s-'_,ilations of this coat a;l Y pact, ixiciu > _ ad` sin+�+iit tl*, provisions and terms of the plants, pro`!e, s*;a'ciiib,ativ� : &IJ. resolution atu,-C rid, f4 tlr7c'rsig cd binds himself or itself., and tke reapective s;: t;es:,ar nr` ^� �i such o rx ec: In Tostimony 'Whereof, We, the foregoing; naMed parties, hereunto set `our hands `this 15th.. day of September 1520. JOE 'A. LUrfffER CITY OF ,SOU19 B ERD, INDIANA, contractor. tor. BY G. A. ELLIOTT:.. Tts Board of b John F. De Haaven nY Aa .; 77 `Wednesday September 15th1920. °Con.tinued. E PUBLIC IVPROV'EI1ENT CONTRACT. This Agirevment; Made and entered into this 15th, day of September 1920 - by and bet-oreen Joseph A. Luther of the County of St.. Joseph and State of Ind Tana, (here in- after referred to as the " Contiactor"), and the City of South Bend, in the County of St. Joseph, arid. State of Ind ian&, by and through its Board of Pub1 is Warks, (hereinafter referred to as the " City"),, under and by virtue' of an. --Aet of the General Assembly of the State of Indiana," ent it led " An Act Concerning Municipal Corporat i ons, " provec2 .Starch 6,1905, and,all emendatory and supplemental acts" thereto: Vffitnesseth, that the contractr covenants and agrees.to construct water conn:eoticne on Haney Avenue from Miami Street to Leer Street in the City of,.South Bend, Indiana at and for the following prices - 2 traps or, long. side, each. ....... , .. ........; . , ...: . 50 6 taps on short s id �- , ,each, . , . :.... 19000 and to, perform all work in the 5rosecution of said itmpso+vti$att andd.r and MUM&W to a taeias Mt ditions of Improvement Iksolut on 'NO ..gZj�. r ., adopted by the,. Board -of Public Wckks..,c �...2,%i.,1 20, and the plans,...profile and specific ations tin file in the office of the, Department. of Pudic Works, which said resolution,,'plans, profile and specifications are male a part hereof as: fully and :effectually', as if copied and set, out herein at full I length, : The contractor further expressly covenants and agrees that, in therasecution of 'said wont '_all"proper skill and care ,will be exercise;'; th-)t he �'_.l;p ape y ar,d.i:M�,.�ct'a41 excavations and dangee6ts, places; and will use all due and proper prsca.+ttioii fo orevent injury to .ry_person or pre* city;, that in the event �# any injury or damage resulting from the '*,= r', or result+rg# -, #r ry matter or thin connecte-Ld therewith or arising therefrom, to:an or broperty, he �•#+':11 iaaT li,��iidate the'same.at liis own expense, and as Some the liability -therefor; and, in the event of any_ctaira or clairns 6eing.made or any action or actions heins, brought against the city by reasonor on account bf or growing `out of s,.id cork or its construction,.th�, ss.+d contractor will, at his own expense-d'efend.thi same, and ... I pay any judgment recovered therein, and will, in all respects fully indemnify and save- harmless said city, {ts officers, agents or representatives frorft all cyst, expense, payment orjudgmentrecovered in connection with such claim or claims; action or actions. And ;f within ten days after any such action is begun, the city shaft notify the contractor of tke pendency ther- of, ti c-.a* judgment ree&red against the city shall be conL�lusive against the contractor and against the sureiz� sn lie gnnsfructioit Lor4 as to th- a=ovmt - abiii*. and tither matters pertaining thereto. And the tonrt* or agreeff`t€l,MCUiitain said ii i,}. c J :7�:etc' l Z 4.. < Itse _period and in the manner as laced l�•the StW05cations and to stc re n ar�tenan��, d toa with the Roard•of Public Worlds a bond i#h sii,f' icient suret thereon,aitdei tr,: �. i eifiestiAtts• And. in doing such repair work the conttractor az,d a surety on _hip uarantoomount fi-xed by i, - ° oabfect to the'aame liability to tiie city and any, Dreier -person- for'any'thjury damn® nyee opr� err . in the same manner sill, to the same --extent aes is fixed in Lhe last preceding parsigritplf ei�vtr; .tllii ��tt •trietion work. And it is further agreed by and between said parta% tkat the acceptance of the work' 64vid4for it' tl is tract,, or the payment thereof, shall .not con-stitute a. waiver on the part of. the- cityany of the it'Lt d= colic, of this contract, nor shall St release said- .contractpr :sr-tite suret��`es on ells boy}d, €atilft faithful per.€ot°ice= sane thereof;.. nor shall- the acceptance be prima. facie evidence of the a formai°ice o€ any provision,of thlg 'Contract, except to the extent_ of;.entitling the.:contras tor..to the'coiitractt p ice therefor, The contractor agrees to pay for -all. laborfandimaterials used or furnished to .be used in the rnak i g Af, Sttnh ixeiprovemet#t antf in t1�e perforri3ance of this:contract,• whether'done Or furnished for him, or`'hi` a aitt, ansfavor successor or subcontractor ; acid the city may reserve out of any allowatsns `taade ®tf any estimate is savor of the contractor or ); assigns,. or oaf:=o# the amount due I�im or his aesig'n8 -iapost ,rho®splati®si of the work, so much as ma3 cessar�, to pa ll'laberers or mafenas' uiesi for amount. dun. them f®r v►ark, done or alatenals used or iurixishea to :be :used: iu tiie perferwince of thin cositxact sled the coin ®f said ;work, and the county treasure] acts y Ere"urer� ma retain money c0llfeted from ps®p ty ®wriers assessed for said ' c't q "W t* satsxfic i improvemexit to p$y such cte6uc or :ally""l �lic eoutra.ctnr ai�ov*�s that �aq hays beep n, ear , and uh .sed material in the streets or sues tiksrra si Upon the comote on e± the -imt)a v'em .it or the repai}ing thereof. The work °of making si,ch improvemetW-shall be completed according to Lehe terms of this contract on or 6efoze the -- - tiny of - ................. 19 unless the time for the completiozi of the say shall be. eke m fed in w t,,g by +he hoard of Public Wo-l.s, And it is agreed that any such eTtension of •+iA, of ally alteration of th;s contract or of the manner or mPth- tiof doing such work shall in no way; affect the duties, obligations or liabilities of the contractor or his sure- ties. � - It is agreed that fhe contractor shall not assign this contract, or .st:b-let the work or any part thereof to be done hereunder, withoz t the writ en --con vnt of the Board of P:iblic Works. - It is further agreed and stipulated thaf t contractor sh?11 give to, residents of said city and county preference in the erriploymeoE of all labor necessary in the performance of this contract; and fahir<g to do s(�, shall forfeit to the city the Stern of ten dollars _ for each fail+are to observe this stipulation: And upon_ the performance of ail: the terms and conditions of- this contract; and ..things` to be done ape performed by said iontraCj6jL the said city agrezes to cause the cost of doing such work to he assessed, col leered and paid to said contractor in the manner fixed by the statute governing the in:Aking of 'suck improve- aaeats. To each of the Conditions and.stibulations of tkii contract,, including all and singular thg.:Vrovisions and terms of the plans, profile, specifications ai d resolution aforesaid, the undersigned 'binds 'Hi iself . or ;tsel` and +tke, respective successor or aasiq-,as of such parties. In ,Test imsny Thereof., Wag the foregoing named parties, hereunto set our hands this 15th--%day off' Septem er 1920. CITY OF SOUTH BEND, INDIANA. JOE. A. LUTBER BY G. A. ELLIOTT Contractor. H=• :F. ROSTISE:R: JORK F. DERAMC Its Board of 108. Wednesday September 15th..1920. Conti. need. Part tal est imate allowed Staples & Ackerman on Chapin Street surer at ...... , ........ �5, 212.80 EstThat ed cost of Irvington Avenue pipesewer filed at....... 10,100.00 Communication received from G. C. Cleveland of, the N3w Yarn Central Ry. Co. read and placed on file -esnd Clerk instructed to, answer sAMe. Cleveland , 0. September 14,1920. Beard of Public forks,, South Bend, Indiana. Gentlemen:- Re :�ly p to your„ OAt.er, f S,eptepkber 9th. in regard to Portage Avenue \Bridge over our Illinois Division tracks. at South Bend, It' was* naae`ssa,ry` tO deve1.op- pIIons and estimates and secure approval of th the same and authority for the necessary expenditure. This has been done and our Bridge Engineer has been instructed to proceed with the work of renewing ;this Bridge sa�s rapidity as possible. I cannot at this time say just when he will be able to start this work on the ground. This will depend somewhat upon his ability to secure materials and the necessary labor, but we will take care of `this just as soon as we Yours truly, G . C. Cleveland. Eng ineer Filed assessment roll and f itasl 'estimate for concrete pavement an Church Plaec from: La Salle Avenue.to Alley South od La Salle Avenue to LaSalle Avenue, under Tdprovement Res olut ion No. '790. IN they City of South -Bend, Ind I®na. Resolved thkt notices as to the assessments be published for six con- seoutive days 00r_..stenc ing on the 2Oth. day of September 1920 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 29th. day of September 1920 at 7:15 P.M. Resolved further, that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. All meetings of the Board held from September 2nd., 1919 to June 15th., 1920 were read and all approved by the Board. President.