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HomeMy WebLinkAbout06/28/1921 Board of Public Works Minutes- Board met in 'regular session , st 10:00 A,M. All members priesent titi n it d for ewer in alleybetwee olf ' Av n e and La_ Salle Avenue, -start n a S. eter Street and running east o a�ey �n er., section. Same refereed to the City Engineer. Communication reeeived.from J. E. Kuntz an South MainStareet pavement. Same read° and placed on file. a Street Commissioner instructed to round off corner at Lo-t, one lst. Addition to Riverdale of,the Town of River Park at ..corner of Nineteenth__,_ Street and Mishawaka Avenue and replace pavement eurb and sidewalk. H. M. Ba es r bef© th � Beard in a d to on held up on contract° ixprov me of �u roe Ora e, eurb and a k. Tie Ward Ithe Clerk to new� the Dity Cm'ntrblier to release the amount of 300.00 held up on Walnut Street to H". -N `Barnes.- ° Board had Jas. Luther of the Wate De afla beffore saidet in re andt western o Emeri ak Stre t anrd•notie. r. Luthee, d er as ins ruete to not y XorW%eIndiana Corepan �e care srf eir y mains on Emerick Street where the sewer contractor is new constructing a public sewer. Written remonstrance filed st a co 1 and bein eons struetedd at the northwest comer of South Michip Street an Eok n Str et. -came read an placed on file. Written remonstrance filed against the construction of aleseddder f4clory on Smith Street between 7th. and 8th. Street. Same read and on rile, No 566632-A f�ffical fob odY Jeh W Dorn Cleft in the Buildin DoPt'� Xxx filed and ap rove nd re erre tote dit ontr® y American Surety go. H. Dunnahe®, Agt., er. Sur Coffip ny, Of ea bond P H tie , M. fti1lif Atnsst. aahie600f the Water Department approved by � e mar re y osep u er �, . Re ewal certificate for Kuehn & Xordon Co'. for 19000.00 Excavation bond approve. Petitis filed requesting the condemnation.of_Lot N©. 19;' in Ford's Sub. of B. 0. Lot 6 X 67 for opening of Kendall;Street from the"first alley south of Ford Street to Ford.Street. The Beard ordered resolution prepared. Resolution ordered for pavement on West Hine Street from North Walnut Street to Studebaker Street. 'The following application received, read and placed ow.f le. T South Bend, Indiana. June 23,1921. Board of Public Works, South Bend, Ind. Gentlemen: - We herewith make appp3:eatiea for permit t0 insytal3. a to pmrar i dustrial railroad track across South Michigan Street acid thru the affey ahUR extends west from..the.�end of Donmo'er Ave.,said railroad to be used in hauling I -the material used in the eonstruetfoh of Dayer Ave. .pavement. Respectfully yours, HIGHWAYS IMPROVEMENT Coo MTC CO BY M. T. CALEF Approved Jun 28 1921. BOARD 6F' PUBLIC WORKS. BY G. A. ELLIOTT President. On condition that passage be kept open for traffic and red lights posted at night, permission granted. Engineer filed assessment roll and final est mate for pipe sewer, ®n Irvington Avenue from Michigan Stleet to Pellsws Street'under Improvement Resolution' No. 838. In the City`of South $end, ndiana� Resolved that the entire work done under theo tabove re elution and the contract let thereunder be in all thin s accepted and approved and that said final estitv&te be allowed. Resolved further Mt notices in fore required by law -be. ub ished,e the 1st, day of July 1921 and !n the gth da of J 1 192I in the So th eni Daily Dews Times a news pa er o eneraf cireu at on in said ity, settillg a fiuin the 20th. day of Julypal 21 at 7:15 P:M at the off iee,of this Board in the City Hall gouth Bends Indianaa►, as t e time and place when this Board will receive arts and hear romonstrances against the amounts assessed against each of the lots and parcels of Sand on said roll, and will hear and determine whether such lots and parcels of land will be specially benefitted by said improvement by the mounts stated and set forth in said rolls. The 'Fallowing contracts were approved by We Board. PUBLIC IMPROVEMENT CONTRACT ' This A reement Made and entered into this 28th. day of Junq 1921 by and between Wm. H. Burge of tie Cgmy of St Joseph and State of Indiana (hers1 - .arter referred to as the Contractor a d the City of South Be d, in the Count or St Joseph, and State of I� iana by and trough its Board of Pubic Works, (hereifiafter referred to as the Cit - uncle - .and b virtue. of an Act of the General ss ably of the State of Indiana, en bled An Act ftheernin Municipal Corporations, . approved March 6,19059 and all amendatory and supplemental acts thereto: ........Witfies'seth that the contractor covenants-and-agrees-0 place water connections an''Miner Street from St. Louis Blvd. t® St.- Peter, S reet;° in the City of -South. Bend; Indiana ht: and for the following prices:_ ..>�,�.. ,s,,...... 1 tap on short side, each.... .::....25.00 and to perform all work in the prosecution of said improvement under, and a.ccoiding to the terms and eoa- ditions of Improvement Resolution No, .._8.�8______________ adopted b7 the Loaid of Public Woks.. end .the plans, profile and specifications;on file inthe office of the. b pa trnent of Public WOrkS, which said resolution, plans, profile and specifications are made a pact hereof ag fully and 'effectti ff ` a$. if . copied and set out herein at full length. The contractor further expressly covenants and agrees that iit the prosecution of .said work all proper skill and care v.,ill be exercised; that he - ll proneaz d p r 01 excavations and' dangerous places, and will use all due and proper precaution to orev at int�''y ` ry person or prcn rtv; that'in *41e event of any injury or damage resulting from th,e w� r or resi.l* ­g from a"v trif+er or thin- ctPd therewith -or arising therefrom, to any person .or property, he. I!f111 nav ,ar-1 liquidate, fhe same at his :own expense, and. as- sume the liability therefor; and in the event of any claim or claims be; made or any action or .actions being brought against the city by reason or on account of or growing out of sn id work or its construction, the said contractor will at his own expense defend the same, and will 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, 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 shall notify the contractor of the pendency thereof, than any iudgment rendered against the city shall be conclusive against the contractor and against the surety on hie construction bond, as to the a aount, liability and other matters .pertaining thereto, And the contractor agrees to maintain said improvement and make such repairs as may be necessary t< the period and in the spanner as fixed by the sn?ci�cations, and to secure t7e maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and. in an amount as fixed by the specifications, And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the saute liability to the city and any other person for any injury or damage to any pers�m or prop- erty in the same manner and to the same extent s-a is fixed in the last preceding paragraph covering the con- struction work, Arid it is further agreed by and between said rart�ss that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part. of the city of any of the provis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- anee 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 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 in favor of the contractor or 1­�a assigns, or out of the amount due him or his assigns upon the completion ` of the work, so much as ma3 ce6sary to pay all laborers or niateriai men for amounts due them for work done or materials used or furnished to be used is the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, may retain money colk eted from property owners assessed for said smproveu,ent to pay such debts or until the contractor shows that they have bees paid or satisfied T-te coat --a- or agrees to remo--:t all ru5�ish, earth, and untised material in the streets or sidles tR:trc...l upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract on or beforethe-------------------------------------------------------------------------day of-------- ................... --------....................................... 19........... unless the time for the completion of the sane shall be extended in writi g by the. Board of Public Worlds, And it is agreed that any such e-eten-ion of tirn2, 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 jor.lract. or sub -let the work or any part thereof to be done hereunder, without the writ -.en cons:,nt of the Bc;ard of. Pu blic Works. It is further agreed and stipulated that 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 assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making .of such improve- unents. To each of the conditions and stipulations of this contract, including all and singular,. the provisions and terris of the Mans, profile, specification-3 and resolution aforesaid, the undersigned, binds himself or itself and tl_., rco pective successor or assigns of such parties. a 01 ta. A. rJ.U.U.L VTT .H.F. ROSTISER JOMi F. DERAVEN Its Board of Public Works. CONSTR6CTIOM BOND by then Va4e.t-ts. That we ............ ...%taplsa--- &•-A�k��' _ - _ • _ . _ of the County of _ _. St J 3e - ---- - -- State of - I3id AnB---- ----,'------= ......as Pripet- pal, and f--Ke-w-.Yar-k---- ------ --- ---- .. '_....:............. .. a-�+$--Pam'--- , e- of the County of_ ._------- fTB➢!l ! rk.-------------------- ---and State of ---------- New--Yark------------------ -.., .. as sureties, are held and firmly bound to the City of South Bend, .Indiana, in the sum of ------------- t'e�t__-- - �' lar ($ 433*00 ). of for the payment of which, well and truly to be made, we jointly and severally bind our,01vcs, oft 1. executors, adminstrators and iassigns, firmly by these presents.. The conditions of the obligation are such that if the above"named------.--_ .____........ .........- StaUleB _&_Ackerman faithfully comply with the foregoing co s ^t, F' made and +entered into the-. --- ------- 27-'�i*... - ------ day of-----------------------�LtiSa � l ° ... , 19 ..., with the City of South Bead, Indiana.. and shall fulfill alF the conditions and stipulations 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 fall force and virtue to law. In the eve:- 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 De a construction bond, and the sure`'es on the same shall not be held responsible for the maintenance and repair of the improvement after it h's been accepted by the second. party, but such sureties shall be held responsible for the fait'-Ful compliance with 2.11 other conditions, stivulations and require ^'!ts - cove.cd by or set out in the co,itr tit. WITNESS. our hands and seals this ........ ,?..71h-&.............day of......,f.,,.cT.ti.Yl AMg iea,aR-Su��®l�p�„thi ..at.(SEAL) Se ll a_:, Alay e Afterman 9 Taff8s �'sistant Secretary. The above bond approved this_Mgt$. '®F Jane 1921. , 3 A. ELLIOTT -_-- _-----_...-w...V •Viiil--�'._DMVEN .r..-------u. p Board of Pil-1-Me Works. ° res den .. _ 4 Tuesdam June 2Eth., our hands this %thST O f �T neCl)21 ' the foregoing named parties, hereunto set` lWM, H. BURKE \ G. CITY OP SOUTH BEND INDIANA H. Contractor G. A. ELLIOTT, H. F. ROSTISF.R JOHN F. DEHAVEN Its Board,•ef Public Works, PUBLIC IMPROVEMENT CONTRACT., This; reelean.j, Made and entered into this 27th. day of June 1921 by and b \tween a s a ckerman of the County of p . Jo e h and State of ndi t here; or refs red t® as the C tractor � a he.Ciitt f S ut; Bend, e eu ty J se rid State of . inai n -� acid hrou it oar s u r Qhe a##na t ie a ed -®as h" e b ta ® e �n�ra Assem o Sate d;anti, �1 erd ,Xs1§60nere i n u ie a COrpera ,isns, Ipprove� Marsh �,1 5 , and all amendatory an su a rats ae.sieret®. Pp- �titne. s ho hat the eontra to a nts anti a ee to e n tr t sewer on High Shoe 'rs> riliana: Avenue o �ti a � enue in a ity ® ®u Bend Indiana at and for the ,following prieess. 279 lin., ft. of 0,pipeper lin ft.......�t+tm 18 qqb 1 n� ft. or 6. conduit pipe perlin ft..........1.00 2.1t. ft sf manholes per lin ft 00 • ..••.•.•�.••.r..� • 1 manY�ele curbs and cover, each. ..•..............2 .00 and to perform all work in the prosecution of said improvement under and ac cording to the to as and "ue ditions of Improvement Resolution No. ----- $-72........... . adopted by the Board of Public Works ... .W.A.a1921. and 1h plane, prpfile zrsd specificatipns on file in the office of the Depa tment of Public Works, wbich- said r�s®iittoll, plans,; rode°'and specifications are made a part hereof -as fully and effectually as °if Copied and get out her at ull len+�Gh. he contractor further °expressly covenants and agrees that in the prosecution of said work all _proper @kill and care j=!i?l be exercW!d; that he and p- bf ^ct. all excavations and dangerous places and ­!ill use all due and proper precaution to pr ve..t in-o ary person or p-cn!rtY ; that in the event r any injury or damtv.ge resulting from the w-)rk or res+zltirg from a'y r^?tt-er or thing connected therewi4 or arising therdfrom, to any person or property, he v,;ll nay am liquidate the sa.?ne at his own expense, and as. suttee the liability therefor; and in the event of any clairl or claims being made or any action or actions bein brought against the city by reason or on account of or growing out of said work or its construction, the sa' contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all coot expense, paygent or judgment recovered in connection with such claim or claims, action or actions, And i? Within ten days after any such action is begun, the city shall notify the contractor of the pendency therenf, thvA tay judgment rendered against the city shall be conclusive against the contractor and against the surety ou bA cottstruction bead, as to th- araownt, 1 ah:.lily and ether matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary the period- and in the manner as fixed by the specifications, and to secure tye maintenance and repair thereof' to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by he specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sanie liability to the city and any other person for any injury or damage to any person or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. Ard it is further agreed by and between said rarts-_s that the acceptance of the work provided for in this contract, or the payment thereof, shall not constiw.te a waiver on the part of the city of any of the provis- ions of this contract, nor shall it release said cc :1tr,.c�or 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 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 in favor of the contractor or 1,,*G assigns, or out of the amount due him or his assigns upon the; completion of the work, so much as ma)-cessary to pay all labore:-s or material men for amounts due them for work 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, nay retain money coi:e ted from property owners assessed for said improvei,.cut to .pay such debts or trIIiil the coiarac' . r E `.ows that they have been paid or satisfied i _1g cot,t'°a 'o" agf'eyY to remo > all ru")d1ish, earth, and un+used material in the streets or sic?es t' e, tipoft the cOfnpletiott of the improvern ,�nt or the repairing thereof. glee wort of ff skiftg s++ch lmprov=ent shall be completed according to the terms of this contract on er #fofc the_ = =.::> :............. ...... _.......... .......... ........ day of------------------------------------------------------------------------, 19 Melees the time for the completion of the say- e shall be extended in writ;:-, by the Board of Public Works, And it 1§ agreed that any such e+€ten4ion of time, or any alteration of this contract or of the manner or meth - ad of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure - It 1§ agf@cd that the contractor shall not assign this tract, or sub -let the work or any part thereof to $c do@ li fetinder, without the writ -en con; rat of the Board of Public Works. n it ie ftifth@f agreed and stipulated that t's_ contractor shall give to residents of said city and county pfcfef@ftce in the efttploytnient of all labor necessary in the performance of this contract, and failing to do so, s11411 forfeit to the city the sutra 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 erf®fi"@,d by said contractor the said city agrees to cause the cost of doing such work to be assessed, col Wt@d phd p4ld to ®aid contractor in the manner fixed by the statute governing the making of such improve- , To cac+ of the Conditions and stipulations of this contract, including all and singular the provisions and t-41`1s of the plaits, profile, specification.,, and resolution aforesaid, the undersigned binds himself or itself, sad l'=4 rcwpet>ive auccessor or assigns of such parties. IN'TESTIMONY WHEREOF, we, the foregoing naed parties,' hereunto set our hands this'2%th day, of June 1921. STAPLES & ACKERMAN CONTRACTOR BY S. ;U• .ACKERMAA