HomeMy WebLinkAbout08/18/1920 Board of Public Works Minutes3s
Board met in regular session at 7:15 P.M. All members present.
Hearing had on assessment moll and final estimate for Grade, curb and
walk on Elmer Street from Frederickson Street to Lincoln Way West, under Improvement
Resolution No. 727. In the City of South Bend, Indiana.
In the above matter remonstrators appeared and objected to condition
of street, the Board after due consideration decided to defer said hearing until Vv1day3.
August 20th.,1920 at 10:00 A.M.
Representatives of the Oliver Chilled Plow Works appeared before
the Board in regard to sewers on Webster and Arnold Streets, constructed in 1919.
Mr. J. W. Fites Deputy Street Commissioner present. L. E. Co4ter, Civil Engineer for
the Oliver Chilled Plow Works explained to the Board that these sewers would not drain
water from the basements of the new houses constructed by the Oliver Company in these
streets and requested the Boardto give the Oliver Chilled Plow Works some relieve for
the hou5--a they had constructed on these streets. After discussing this matter, it
was decided that a trunk sewer on Indiana Avenue from Walnut Street to Olive Street would
be necessary to tkke care of .the sewage, and the Board ordered a resolution prepared
for a trunk sewer on Indiana Avenue from Walnut Street to Olive Street.
Matter of placing of light at Main Street and Eckman Street referred
to Beaning , for report.
The following bond and contract approved.
PUBLIC IMPROVEMENT CONTRACT.
This Agreement, Made and entered into this llth. day of August 1920
by and between Staples & Ackerman of the County of St. Joseph and State of Indiana (herein-
after 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 March
6th., 1905, and all amendatory and supplemental acts thereto:-
Witnesseth, that`the contractor covenants and agrees to construct
sewer on Frederickson & Elmer Streets, from Lincoln Way West to Olive Street at and for the
following prices: -
324 lin. * ft. of 18 in. pipe at.. per.ft..................$ 5.30
295 lin. ft. of 15 in pipe at.per ft.................... 3.95
514-i-in: €t. -of l2 in. pipe, at per lin ft....... .... 3.70
250 lin. ft. of 8 in. pipe, pt per lin ft...............1.00
504 lin. ft. of 6 " conduit pipe at per lin ft.......... 1.50
34 lin. ft, of manholes, per lin ft......................15.00
10 storm water grates at, each .......................... 15.00
4 manholes, curbs and covers, each. 25.00
and to perform all work in the prosecution :of said improvement under and a rd* tQ the torms atW cqj�j=
ditions of Improvement Rseso ration No. ..:��3., ...... Adopted by the Board of Public: Worite.... Jura q� 1P20.
and the. plans, profile and speii,fica*ions on file fz the office of. the bepa, trnent of Vu1)tc VV®rles It w ,� . � s
resolution, ,plans, profile aid 6ecifications are made a part hereof as fully and effectually as if copied P d.
set out herein at full length. '
The contractor further expressly covenants and agrees thn.t in the prosecution of said work all
skfll and care z- ill be exercis :I; th.. he 1 n-on^ p ° l l„ jk� >• all ex,!avatlons and dangerous
and Will use all due P"d prh!)er pre n,iA•oj to pr., r_ :t ir.ni"V «^ .!ry person or p'F ;tit t1�nt 1.1 thA ev(;rI
any injury or dame.ge rc�t irg. frcm the urn ' or res..tl�ira from - �e ; w P!tp t f . `
a y -, �t..zr or th_n� ..o� e.<„ d tlt_re�-vi�:it or
arising' therefrom, to any pers�.1 or property, h 11 nay Bran liquidate the S.me at his otvn expense, and as=
Burnt the liability therefor.; Ana in the event of any cl3lm or claims being made car any
action or actions
bro tight against the city byreason or on account of or growing out of sF`d work or its comtructlgn, the s� �
contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will io
all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cast,
expense, payment or judgment recovered in connection with such claim or claims, action or actions, And 'f ;
within ten days after any such action is begun, the city sha°il notify the contractor of. the pendmmicv thernt=F"
than any judgment rendered against the city shall be conclusive against the contractor and against the
jai hi,' Cost&trtiCtiav >?nnci, as to tb- amotuat, liability and other tyra.tters pertaining thereto.
i wine August 18th. ,1920. C ont inued.
it s a be necCssaiy t
tEta�t asK*Vwo cza a mta-au said improvement and wake such iepa..s a. �: �? ereof
cations and W u,1z, ���
h with suffi eaat surety th�x i 04 th IA �?1M al e.
)VIs -
Ar fi1 t
l f► repair gvork the contractor and ih� � t �'i pi �� �
ap ��j A0fzitf ffgt`lity to the city and any, other person for and ag�jurY €�t ��ltl0 ilk hh sA �� � -
InAn"or jihd try the sat ie extent as is fixed in the last preQedifif PI-4— JOY - l� _
It 11 ty0ear apeed by And between said part`%4s. that the acceptatar0 of the W@f Fevid�
t l li fi'►i€ — tti;�pr�'(, �irxlk not constitute a waiver on th® pstt of the llfl �1116 ,l i
i1��� [iF�l1�R�s ll�P N�1�ii it t'ralca,-e said contractor or the sureties a�1 1tiA Wild f® t
1 tfl'90'1 11of s�lkfi tho ��� pt �t a 1ae prima facie evidence ®f tkte �erf�rtnanu o tl F611 lftl 0
;4iilt 04 t file �`�l a*st pf entitlan the contractor to the contrast pries t%afefr
f(�r all labor and materials used or furflighfld t6 b6 9#64 ON 61
# t � � . t. i k?��'1fe�ik.�i> (� ® this c t=apt, ilethdr do s� �r ur fgea#
�'ro" a d the dt* may reserve out of any. al'iF tut's mild
Qr Qra 4f the =Awat due ,hi Mo "Ag wn 4
F'Y T Z flt 1 l'N'il .Mgt K y j�V
�� ky aWvi,4 s �� i=. ^ 4 � to ba. L - im °�°1 Ff�
Ski.. � � L:,es -y(j ,i t;t> iz l �+, e . ?.".'�` c��� it `"�'�'(. v cS?`�C"'sip 9i ��r� 4���4� 'i✓eG�'-� ��`� �� i�"�lij
n j� sl4 : s c,r ;1 ti r"3 tvtt i�¢�f �z� 3F t i
i._e co.:t-a" c:` ag-ees to remo• all rti';! sh earth, and unused material in the streets or sides tlxc.y<: i
`Upon the completion of -the imarovcm.nit or the repairing thereof.
The work of making such A provement shall be completed according to the terms of this contract on or
ef-ore the------ -- ----- ---- --- ------------- -------day of....................................___-.-.................................. f9.........,
otiess the time for the cornpletion,of the sal-e shall be exten0ed in writi.:g by the Board of Public Works.
And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth -
Of doing such work shall iA no way affect the duties, obligations or liabilities of the contractor or his sure -
It is agrded that t contract.or hall not .ssign this contract, or si,*b-?et the work or any part thereof to
fie cone hereunder; wit u t of the Board of P ,blic W6�ks.
It is, further agreed a-4 scipuln td tl1at c retractor shdl o_-,ve to residents of said city ar,d eoufaty
preference 'in the employm At of a 11, labor ,_ecessary i�i the performance of this contract, and failing to do so,
shall forfeit to the city the s im of ten dollars for each failiir� 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 assessed, col-
lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
Anents.
To ezch' of the conditions and stipulations of this contract, including all and singular the provisions LnA
Vxrns of the -plans, profile, specifications and resolution aforesaid, the undersigned binds himself or ivv4f..
Frid tl':e res s hrartiess;
In Testimony Whereof, We., the foregoing -,named parties, hereunto
set our hands this llth, day of August 1920.
' STAPLES & ACKERMAN
BY STAPLES AND ACKERUAN
CITY' OF SOUTH' BEND, INDIANA By
BY G. A. ELLIOTT S. U. Ackerman, Contractor
HARVEY F. ROSTISER
JOHN F. DEHAVEN
Its Board of Public Works.
_ . CONSTRUCTION BOND
Staples-&_ Ackerman ......--
ICnow an men by these presents. That we------------ ------------------
of the County o_..-_---5 •----Joseph____________ __--_ . , State of__-___ Iridiaala---_...... _..., as prin,ei-
'Amer icn Sur ty__C�]pa__stf�i�>=:Ynrk--------------------
paland.--------Y---------------------� -- -----.._........... _ . -
of , the ,C,out}ty , of„ = x a ; s r ------ -------------------------------and State of 1d 1iY.._.Llll�.k....................._.
as,suixties, al:e.Wd,and firtply,bound to the City of South Bend, Indiana, in the sum of__.-._.........-.•...---•.•---•.-
Q>}s�nd--- twa--hundr-Part-,-savantry--- _..Dollars ($ 39275.00-
for the payment of which, vfell and truly to be made, we - jointly, acid severally bind ourselves, our heirs,
executor's,' adtriitls`r°ators and assigns, firmly by these pi.esents.
,T1ie.cor,4itions of the obligation are such that if the .above named.-___y__-__..__._._. .....i..••--. -•..•
st �;�• 3 __& ---------------- _ ..............:shall faithfully comply with foregoing contract,
h the for
• T •-°- • • Au Ast 20
4i#de an0 -entered into the .:----;---- __11 th.............._.._....
da -A-----------------
of �� - ._.., 19 ,
with the (City of*South nen`d fndiana. acid shall Fu fill alfdie conditions and stipulations therein contained,
sccording.to the, trtje. iuitept µnd meaning thereof, in ail respects, then this obligation to be void, otherwise
to. he and remain in full force and virtue in law. In the eve.,t 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 bond, and the sureties on the same shall 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 be held responsible for the fait',ful compliance with all other conditions. stipulations and requirements
covered. by. or set out in the contract..
August 1920.
VV..tjLESS our hands and seals this .............. ,.,..play ii.•.,.,, :,.
Ame ican "Suret Com an of
"
�y �„ Spa 1es .,.Acl�arman'
R, .3�"k - {SEAL) P
(SEAL) by S. U. Ac1.kerman. („ '
The abo-,7e bo:_d t` s 18th. � August -1920:
G. , A ......E. L IO I'►1'
HARVEY..._F_ ROSTISER_.---_..__......___.:..
(SEAL) JOHN F. DEHAVEN
PUBLIC DdPROVEM;ENT CONTRACT.
This Agreement, Made and entered into this llth. day of August 1920. ,
by and between Hoban & Roach of the County of St. Joseph and State of Indiana (herein-
after referred to as the " Contractor" ), and the City of South Bend, in the County of St.
Joseph, and State ,of Indiana, bpi 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 Corporat iond, " approved March 69
1905, and all amendatory and supplemental acts thereto:
Witness eth, that the contractor covenants
on Stanfield Street from Howard Street to Corby Street, in
at and for the following prices: -
and agrees to construct a sewer
the City of South Bend, Indiana
367 lin. ft. of 10" pipe per lin ft......................... 3.92
176 lin. ft. of 6" pipe per lin ft........................ 1.80
9.5 lin. ft. of manholes per lin ft........................ 15.00
1 manhole curb and c,ove,c, each....... ........................ 30.00
and to perform, all work in the prosecution of said improvement under and ar-coM
inK to the terms sari con-
ditions of Improvement %A-salution Rio....,..dDA ..::......, adopted by the Board of Public -Forks. •T t t 43-1 ,. ;n -1920.
and the plansi profile and specifications• on file.. in the office of the Department of Public Works, which said
resolution, plans, ro£tla ai�d�� specifications are made a, part .hereof as fully and effectually as if copied and
set out herein at full length,
The'. contractor further eicpres-5iy covenants- and agrees that in the prosecution of said work all proper
skill and care +,•rill be exercia!,d; that he '1 pron r',� all excavations and dangerous places,
and will use all due and proper preca+.ition to pr ve:,t i�ii+.*v *� :ny person or p-c .atv; that in th- event ;,f
an injury or damage resulting frcm the war'': or res*..i,.+rg from: ;. y mz+ter or thing cons.-ctr-d. therewith or
arising therefrom, to any per3�-i or property, ?me *11 pay 2.r-} li�-:idate the same at`his own expense, and as-
sume the liability therefor; and in the event of any claim or claims being made or any -action or actions being
brgtight against the city by reason or on account of or growing out of s-.;d viork or its construction, the said
contractor will at his own expense defend the same, and `trill pay any judgment recovered therein, and will in
all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
epenso, payment or judgment recovered in connection with such claim or claims, action or aetiops. And if
within tea days after any sdch action is begun, the city shalf notify the contractor of 0ae pendeficy thereof,
dt41t am judgment rendered against the city shag be conclusive against the epntractor and against the surety
on bilk construction bond, as to-*- minount, liabi'fi4 and ether matters pertaining theretcL
And the conirac�or agrees tQ maintain S�icl Sc.i£. i _._-...� µ- at i red .^ as may nee,,ssary '
the AL
in -the manner at fixed hT the &9.reifications, and to sec. -re Lae i►aaintenauce and repair thereof
to Ate with the Board of Public Works a -boned with aiiff;cicnt stirety thereon and in an airio tnt as fixed by the
specifications;.-. And in doing such repair work the crmi mefor and the surety on his guarantee bond shall be
subject to the same liability to the city and any other pperson.for any injury or dam-ageto any pers<ii or prop-
erty in the same mariner and to the same extent ¢a is fixed in the 'last preceding
struction °work, paragraph c®ver_ing the col-
-
And it is further agreed by and between said part)m that the acceptance of the -work ppeovided for in this
contract, or the payment thereof, shall not constitute a waiver on the part of the city of my of the prorlbl=
Ions of this contract, :nor shall It release said contractor or the sureties on his bond.for tee faitliful peirolla.,
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 ail -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 oitt of any allowance made on any estimate
In
favor of the •contractor- or-H assigns, or out of the amount due him or his assigna upon the completion
of the work, so much ss rrtay ,cessary to pay.all laborers or materiai men .for amounts due them for
work done or' materials used or iumished 4o' be used in the performance of this contact 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 shelf debts or, until the contractor shows that they have been
paid or satisfied
i_ie eoac-a�--rr aa:e�s to remo- all ris`_-�is:t, earth, and un-sed material in the stre;:ts or sides tancrc-at
upon the completion of the improvem^rit or the repairing thereof..
The work of making' such improvement shall be completed according to the terms of this contract on or
t►efore the....................lf th......................... --- ------------------ day of._-- --------- ----------- A_O.Vamhuar--_-1.9,20----------- w--------�
finless the time for the com letion of the, sar-e. shall 'be extended in writing by the Board of Public Works,
And it is agreed that any slo h-e_rtension,of time, or any alteration of this contract or of the manner or meth-
od of doing such work sh 1 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, withot•t the written cons_nf of the Board of Public Works.
It is further agreed and stipul tad tlm2t t-a° contractor shall give to residents of said city and.cottzity
preference in the employmµnt of .all labor necessary in the performance of. this contract, and failing to do so,
shall forfeit to the city:the sum of ten dollarsJor each failure to observe this stipulation.
And upon the performance of ail 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 assessed, col•
lected and paid to 'said contractor in the manner .fixed by the statute governing the making of such improve -
To each of the conditions and stipulationsof this contract, including all and- "singular the provisions and
terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
and the respective successor or assigrs of siicii parties.
In Testimony Whereof, We, the foregoing named parties, hereunto,
set our hands this llth. day of August 1920,
HOBAN ROACH
CITY OF SOUTH BEND, INDIANA. BY M. J. ROACH
BY G. A. ELLIOTT Contra ctor.
HARVEY F. ROSTISER
JOHN F. DEHAVEN.
Tts Boa'd of Public works.
SH
Wednesdayx August 18th. ,1920. Continued.
CONSTRUCTION BONS
ilk nu th@m pvjmt& That we.,..........a.. _..Ho .a? $s...$.Qa - ------ ......,...+..�..s.
------- State of----�----TUdZAr.e.,.� ............. IlA pi�tf�
in_�Sur a y C Qmp any-. eqv . Xo'".... _.................
••�•-••••
t,.� • • .. _ .•.W 3f011w...
New York
<81 ths �dAty S�--------------- and State of... _: _ )TAX.. .�'.Q�...........W W......--._----
� "S1%Ufd
� A� lyhdulid to the City of South Bend,. Indiana, in the sumNinered s ixty four ---- _-._--�- �_. _.._ A-- ..Dollars 964. 00 �
$ - _iaa wMA,, w44 and tv4y to be= made, we jointly and severally bind ourselves, Oar Wf94
` 'aR%-;R#%V �'Ao skis f�ymly 4 these presen.6.
koq�h that if the shove named
$ab_ari_--&.-Ro_ash------------------------- -a-;------- ---shall faithtuliy .cempiy with the foregoing cozib.act.
made and -entered into the ................ 1Lt h*---------------------- dayy oi------------- -----AUgUit--- 1920....----- a............ 1 19.........
with the,City of South l em. ndianp and sha'..1 fulfill a1Pth- conditions and stipulations therein contained,
according to the true intent - ne'., _-g thof, in ail re:-s,F:-ts, then this obligation -to be void, otherwise
to be and remain in full force a.id vir,r.c in law. In the eve. : the said City shall extend the time for the
completion of said work, such exters=on shall not in ally way release the sureties on this bond.
This shall be a construction bond, and the sureties on the same shall 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 be held responsible for the fait' ful compliance with all other conditions, stipulations and requireujetzts
<( ,✓,red by or aet -out in the• contract:
. . t t
� swo -W, �.. ......day2C
AMERI T . , Hoban & Roach
BY FRC SEAL)
ATS P T1jT�T1AHQ.... (SEAL) ..........
Res . ass , t See y.
The _above frond 'approved this........ .a 115th...... y 1.9
G. A_ _ELL-IOTT ....................................................
HARVEY F. ROO-TISER
JOHN F. DEAAVEN.
Board of Public Works.
Hearing had on assessment roll and final estimate
on Wakews Avenue from Iroquois Street to Lafayette Street, under Improvement
Resolution Nd. In the City of South Bend, Indiana.
In the above matter no further written remonstrance was filed
and no f zkkax remonstrators appeared. The Board after dueeons iderat ion decided
to defer said hearing until Wednesday September lst.,1920 at 7: 15, P.M. and the
Clerk was instructed to send new notices on reassessment on property. City Eng i ee
instructed to reassess lots from 150 Park Addition to Navarre Place to
Lot 168 inclusive.
.Partial estimate no. L. allowed George Pontarelli on the Fellows
Street and Ewing Avenue Trunk sewer for the amouht of ................. 49232.15
gas ant.