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HomeMy WebLinkAbout11/03/1920 Board of Public Works Minutes183' i, - Board met in regular less ion at 7:15. NM All, members present. Fear ing had on Improvement Res olntton No. 847 for. ;grad, ing of :1st, -alley T-it of *dVr1& Dame Avenue from Jefferson Blvd.: to Mayne= Streets Under1Mprovement Resolution No: 84' . in 4h15 City of South mod, Ind tans. Upon said, hear ing remonstrators appeared butho written remon- strance was , f .led. And the Board betln.g gully advised. in the premises dese ides that the roe olut ion be mod if ied as follows: To eliminate that part of alley fr cam -Wayne ' Street to the alley between Wayne Street! and Jefferson Blvd, and further decides that the benefits to property .liable-to;be assessed for said improvements are equal to the estl- mated cost of the same , .as reported by the City C iv it L Engineer, ;and thereupon �takee f ina1 att^ion ;on s-aid res olut ion -.as Anod if ied and the`same . 'is hereby ,lh all things, rat if led c onf firmed and appr oved. Res owed further, that notices be published on ,the 4th..day, of November ; 1920 and -on `'the' llth. , day of November 1920 , in the ,South Bend Daily Tribune., stating that this Board will race ive bids for -the cbnstruction of se id improvement up to 10: tJ.O A.M, the .lat, day of November 1920. Tie: Bt�d reserves the right to reject 0 an , a�r h. any and all b ids . Hearing had on resolution for the grad ing , 6f alley South of Passnadht Avenue from Wilber Street to Birdsell Street, under Improvement Resolution-, No. -846. In the C ity- of South Bend, -Indian&. Upon said hearing remonstrators appeared and no written remonstrance was filed. And the Board being Fully advised in the premises, dec ides that the benef its to property liablie to be assessed for said improvements are► equal 'to the estimated cost of the same, as repoted by the City C'iv it Engineer,, and thereupon takes final action Yon said resolution as origibally adopted,~ and' the same is hereby in all things, rat ifi)ed confirmed and approved. r v Resolved further, that notices be published on the 4th. day; -of :November 192-0 in the South Bend Daily Tribune in said City, ,stating that this' oard will receive bids for the construction ©f said improvements up to 10: 00 A.'M. November 16th. - 1920. The Board, reserves. the r ight t © re ject , any and all` t ids. De ferred, hearing ,had on assessment roll and, final estimate feji� Pipe sewer on Stull Street from Michigan Street to Franklin Street,, under Improvement - Roe glut ion No. 792, • • In. -the ` City of S outer Bend, Ind Tana. Remonstratorso appeared but no further remonstrance was f i1ed. The Board afte:r' dub* bbhs 1deici► 1bft inst.ructecl the Ci y En$sneer to mod i ' said assessme roll as f ollews c - .............................. . By. deducting• the. amount of $121.6:7• f r-oer a11- lots' shown on assessment roll and assess ing- the- west' 9e� feet. of, Let- 8• Stull" s 2nd. Add it ion in - the name ;��" Van R. & Anna B. Roberts with the amount of $121.67 and assessing the east 50L,feet of Lot 18 ' instead of Lot 20 in Stull ' s lot. add it ion Hearing on said roll deferred until Wednesday November 10th. 1920 at 7:15 ,P.M. Hearing on as roll and final estimate for pavement on` Carat Stre t from Michigan Streit to South Bend City Addition deferred until November, 10th.51920 at 7:15 P.M. Deffered hearing had on assessment roll and Final - est loate for pipe sewer on Kendall Street from 'Indiana Avenue to Calvert St. under Improvement k6so,,,lution No. 695. In the above matter no remonstrators appeared and no written remon- strance' was filed. The Board therofire< rind thi the property sarsessed in said roll,f sled _ October 6th.,1920 is b6hAtitted in the amount of assessments as shown an said roll, ands the "Board further find that the assessment roll filed Oct. 691.920 and the final esst stet there,On allowed should be and 'the same are hereby in all things, rat`if , confirmed d '1ppr overt; We.dneadaIfoyembar 3rd .19=- Cont�rnr_'�`_� a.3 Deferred he► ,r,ln hsd:::;onn owses ent" roll and final obt Rate for Pipe, tset"r on 1alnut �St"*t offi Sa> 1e .Street t;e - Ind # ra �v tt9t4�... inder �iprove matt Resolut�.on Vd. ' 760• Is�' the C ity sf Soaith Hend, Incdliana, in the abe:40' tatter the B46rd deferred Said hearft .until 'od dwy plave Caber ZOth 1920 at 715 F,li. °. Engineer; .f filed assessment roil`" and "final' ost mr te; fo .. sewer ° ce3nuec'Gions, on: Jeffers'On Blvd..fr 'p�iati met of Suivalde Avenue to Gx�*onlawn` AvQRue, u at :Zlspreveme1Xt Rese�l>i ion 110' "a-77 ]. - In the C i't�r 'flF South -_ -be-Ad Ind aisnae Resolved, that .not ices se ` to the :Ads easnot is be; published an the 8th day..,af Hevember 1�2Q and on _the �15t ,;d*y, of or 1920 In the South Bend D*, 1y -Tr ibuae : itat f>r:8 that �ah is , $e�ard. pr ill ive a :'hear ing an the alsount 'of 's u0b "Bessuents, at its " office_ iri= the City`g l`1 on'ahe 24t day €�f November 19 0 st 7:15. Pe`M . ,Resolved- fur*vhar, that, the entire,work under the above contract be ,t a accaptcd., and .*PprQ :aid the final estimate;'�thereran alltewed. and` W1 ingpector filed report :-as- follows:-- -I 'Wish tee rec.. end that the alrc - l ght�: stow 4phacad" at °, the: alley on," Fine: 8tre:et between Div iv n' st rafft and Pe:rkins Street . ber. ra-mev r _ tc the earner of f'erklu Street and `Fite' Street and place a 100 aandl.e :power' 11glit at .thee _alley corner where the are now �t-ends • The following bands 'and contract approved.' PUBLIC IMPROVEMENT CONTRACT. This Agreement,. Mader and entered into this:3rd. `day of November 1920 � by and between Bruno De Paepe of the: County of St. Joseph and State of Ind ia. a � (here inifte referred to se the " Contractor*), and the City. of South Bend, In the County: of St. Jostpht' and State of Indiana,, by and thrdugh its Board of Publics Warks, (hereinafter referred"to as the:* City") under and by virtue of an act of ; the General Assembly of the state of Intl iam "gent it led " An Act Con - corning Munk ipsl Corporations, approved March 6,1905, and all &mandatory and supplemental acts thereto:- _ witnesseth, that the . contractor covenants and agrees to c onatruct pipe sewer on Fox 'Street from St. Joseph Street to Michigan Street, under. IMprove- ment Resolution No -844 at and for the. following pr ices : - 224 lin. fee"t of ! ", gousea, a onnee t ions', per ,1 in_ ft • • . • ,. $l • 5C 334 lin.:feet of 12 inch house connections per lin ft...5.30 80. line -feet Hof -8 inch hods* -oouneetions per lin ft. 1.00 10..75 tin. ft manholes, z=k. per..1 in ft........ • .. a, • . • -15. 00 4 storm -water. inlets CaCh••�•�•••••••••••••••••••••-••y•��.fl�� 1 >r onhoIa :each;°... ............. .... •_.. • . • :• ...30. 00 X4127-Wyss, each. • ...Fee ........1k.....•........ 5.50 anci to pe.rform ajt work in *te grosecution of 'quid impr�ivement uncle; and aeco ding to .the terns ditions of Improvement RresolutiOn .No. Y 844OW ., adopteA-bi the4$oard of Public'Works...._..r............. and t;i e Maus, p o e ands ecifications on file IT, the office of the DepaFtrnent of Public Works. "which, sail resolution, plans, profile anti � ecifications are inade a part -hereof as fully and effectuarc% lly as if copied a Set out ltbrern at full I the The contractor further express)X covenants and- in -the frosecution of said tvQrk alLzproprr skilkand c"e \•-ill be exercised; ghat he will prop rly s excavations and dangerous i am will use all due and proper precaution to prevent injury in :� person os prc .,rtv t6t 1n rhQ event - any -injury or damage resulting from the w sulting from any r atteT or _ngg conr±Aeted therew7,tli oa a -rising therefrom, to any person or property„ fife .and hvidate tl a sar►ie at his°okra dense, i its, sume the liability therefor; --and in the event of any claim or a of any actn.tetitse' brought against the city by reason or on account of or growing out of skid wort: or its cont".ction t4l.'s t�t contractor will at his own expense defend the same, and will pay any.P4d a °revovere4 tl'tdf8n, a. will :in all respects fullgsndemnify and save ha less said city. its officer. expense, pa ' des #rom , gm re in connection with sucPf` € n s, a:c t aetit ns. t€ yment or ud ent recove within ten days after any such action is begun, the city shall no#i# toteracor cs e l. that lasy judg'�aeaf-rendered against the city .shall be conclusive na Mu- nor d,a i re on. leis w� W. ;as to the amomst,. liahik* and other matters pea t� to. W6di ►ada.v RmaImber 3rd_ 147t7_ Cnnt.inti `": az: - - F rd the contractor agrees to rr:aintain said ia,y ,roy .:...iIL z, ' I,+.. ,„ I the period and in the mariner as fixed by the specifications; and to kac4re cae waintcnaace ac_u r � .: to file with the Board of Public Works a bond with suffieidnt surety thereon and an err amount as nixed L r' , $pecifications.' And in doing such• repair work the contractor and the surety on •his;�uarantee bord shall 1. subject to the"same; liability to -the city and any other person' for anly hijury or damage to any per, or pr<,,,t erty in the same manner and to the same extent as :is fixed in the ls.st preceding paragraph coveri_Ag the co struction work. And it is further agreed by and between said partx�s that the acceptance of the. work •provi4ed for in t• contract, or, the payment thereof, shall riot, constitute a waiver on the part of the city of a:ny. pf t' e prov's ions bf this contract, nor shall it release said Icontractor or the "sureties: on his bond for the faithful per rok -.%a ance thereof; nor: shall the acceptance be prima facie evidence of ft{e performance of any provision of tat= contract, except.to the e-,.tent of entitling the contractor to the contract price therefor. The contractor -agrees to pay for all Tabor aud 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 ottt,_of'any, allowance made om any estimate irl;#avor of be contractor or 1 >-;'assigns, or out of the amouut 6`6 hiui or his assigns upon the com�let}pn Wthe work,'so much as m-� •. ce'ssary to pay all laborer's` or ii aieriai men for •amounis due ;them for Work done or--mmateriats -wea 'rnishEd to be used,in the performance of this, contract stud the'dning"of: said gvor., and the: <;ount.y tyeas'ureT acting as city. treasurer, ma retain .money col"<:tted from property owner's assessed for said improvemerit t.o pay such debts or until tit contractor vbows that they Have her - pa id '(ir set)-sfied 211 rubl)ish earthi. and unused material hi the streets or sides t..• �s � t . apon the completion, of .the imviovement or the -repairing thereof The work of makir}g such improvement shall be completed according to foie, grins of this contract bn'or before the.... ...... - ..day,, of.......................... ..-••- ... .................................................... 19---..._. , unless the time for the oompletieii of the sane shall be,extetrded in.writ1g by the Board of Public Works, And it is agreed that any such extension of time, or any alteration of this contractor 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 sibs. It is agreed that the contractor shall not assign this contract, or sub -let the work or -any part thereof to be dome hereunder, witho:,f the •,r_it`en co._�-rr_ of the Board cA P:a-)lic Works. It,is further agreed and stipula.'ed contractor .shall ter---ce to residents of said city and co!-,nty preference in �the..ernploymr-,ra of all labor r aac2ssary in the nrr erfo:ance of this contract, and failing to do shall forfeit to<the city the sum of ten dollars for each faiktre to observe this stipulation. And upon the performance of all the terms and conditions of this" contract, and things $o be. done and perfornied ,by said contractor' the said city agrees to cal use• the cost of doing such work to be assessed, col lected and paid to said: contractor in the manner fixed by the statute governing the making of, such improve- contractor each of the conditions and stiipulations of this cemtraet, includzug all and singular";the pmirisions and terms of the plats, profile, 'speciftcafi.ons acid resolution aforesaid, the undersigned binds himself ar...ifaeb£. tmd *4 re4pdcttve successor or asset rs .of .stfcn nar ~.cs. In .Test imony Whereof, We, the f oregointr named "part ies", hereunto set our bands this 3rd . day of November 1020 BRUNO DR PARPR C ITY BP S:OTTH BEND,_ -IND IANA. C oritract or BY .v A. ELLIOTT L 8 ." P R OS T MER JOHN P. DEHAVRN Its Board of Pub 1 is War ks CONSTRUCTION BOND - l sv an aen_&y these presentai 'That we ---------- _� 4tnQ_ rK,--P'1'llt t--»......... .... .............. � of the County oL— State of-..--- Tnd-lima-..........princlR pal, and II4 ited _t :,, 1 fie- u4 en Y- a. --------- -......... - ........ --....................................... of the Cou&y-,of---_ ---and Mate of.....-- 1#'y li" ..................... .......... as:suretiet, are held and Ordj+ound to the City of South Bend, Indiana, in the suin of ......................... .,,A..... . _ -- :.',�'h iBanC l-'�[0--hiiA=•1*1�--�►?3d--tsIF�A '4 `. ,••••�•••R•Pa•,•••Lbllara ($1, 224. 00) for the payment of wl<ii „-well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, adminstat'ors•:-and: assigns, 'firmly by these presents The conditions of 'the obligation are such that if the above nasnecr.___._..__.�_.__;...� ....-,... „,. Brune De Pae�3C : __sh:_1:1 faithfully co"1,iply with the foregox tg co: made and -entered into the .................. ids...,............. da of Ni3Y�lilb��^---��(� , 19 with the City of South Ber_d, Indianz and shall fulfill al the conditions and stipulationserern containe d, , according to the true intent arc' rnea,ring the, eof, in all respects, then .this of l" ation to bd vgidi otherwisr to be and remain in f':H force and virtue in law. In the eve::` the said City sha11 extend tie time for thecompletion of said work, such extension shall not in any Sway release the sureties on this bond. This shall be a construction bond, and the sureties on the .same shall not be held re' ponsible for, the maintenance .and repair of the improvement •after it h? s been accepted by the second party, but such sureties si.al be held responsible for the fait'-ful comoliance-w th,all other corciitions, stioultions and requite j j3ts E : ;fir or set o it in. the contra t." t \ WITour hands and seals this rd. _.._� -- ____:day of Brune De Paepe ..-......._....:-......._....... = --(SEAL) .,.a (� -�. •) •. �_ ThUtad States F dI it a r4nty _ --(SEALS The above bond" a roved this pp Ord. November i92t} . ...... •G.' A:---EDL,I-0-'i"t' - ",- Board of Piibhc Work. ,.. Wednesday gMembei 3rd _ _ 1920, Cet !mjzeA Commeuntoation received from Geo. W. Fife of the Elgin Salaes Corporation! in r Wr d to-,vayment for,. street sweepers, Same read and referred to the pity Cantrad�er Communicat iaa° reee ived' from the Indiana & Michigan ;Eleetr is 'Company in regard tc number of - iights plactd `dn October 1920. - Same read and placed onfile.' Permission granted the Indiana Bell Tel. C ompany to set , peles on Dubail Avenue and I Catalpa.Av*zuej also toremodel manhole at intersection of alley w"t elf Michigan Street and south of 1)ivision 'Street. Partial estimate No. 1 approved for the grade, curb_ and walk. on Catalpa Avenue from Indiana Avenue to Oliver Street, same granted to Louis E Se iger :for. ...:.:... ... , 1, 620.87 _ Monthly; report of thei Build ink Department received read and plaeed , .ran f i1e . Engineer riled, assessment tell and fissi lestimata for pavement, can Donald Street from Miehaxi gtreet to Studebaker Park, under Improvement Resolution No. 811. In the City ,of South Bend, Ind iana, Resolved that notices as to tb.e assessments be publIbb6dr-dear s ix 021secut ive clays cemmene ing - on 'the . 8th, day ,Qr N©vembor..1924 in the South Bend Daily Tribune, stating that this B meta Will givee a hasriing .-on the sAnount - of such assessments at its office in the City Hall on the .17th. day of November 1920 at 7-15 P.M. Resolved further that the entire Work under the abOVe mentSioned contract be accepted and approved and the final estimate thereon allowed.