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HomeMy WebLinkAbout01/24/1922 Board of Public Works MinutesHoard met in regular session at 9:00 A.M. All members present. City Wngineer present. City Attorney L. W. Hammond met with the Board in regard to petition for re -assessment of Marquette Park Im rvements filed by the Marquette Ir Park Corporat4on under date of December 27th., 1921. After being advised by the Cit A torney in re and tole al points pertaining to above mentioned petition , tie ollowing motion was Hyde. Motion Made, seconded and carried, that in the matter of the petition ofothe Marquette Park Corporation it has been moved before any action can be taken that the Marquette Park Corporation agree to enter into a contract with the City in which they guarantee to reimburse the City for any deficits in.the assessments, T. H. Beaning Pole and Wire Inspector appeared before the Board and explained petitions for lights and requests to move poles and anchors, as follows: Board approved of said recommendations. Recommended that a li ht be placed LOO C. P. light on is . pole west of Turnock Street on the South side of South Bend Avenue. To replace 100 C. P. light at the caner of Wenger Street and Fellows Street with a 400 C. Are light on a ).2 ft. mast arm. The Indiana & Michigan Elec..Company granted permission to se-t the following poles and anchors: - To set two guy stubs on the west side of Forest Avenue in the eight hundred blbck between j�o. 817 and 821 and remove two poles. ' He on the east side of Park Avenue in the seven hundred block at property line south of No. 710. Above locations in accordance with request of January 20th.9 1922. Communication received from W. D. Teeple in regard to position as. Building Commissioner, same read and placed on file, Superintendent J. W. Toyne of the City Water Department filed. -the following communication with the Board, same read and placed on file. . January 231,1922. Mr. Schuyler Rose. 513 E. Madison St. a South Bend, Ind, , Dear Sir :- Confirm&dg.verbal order given you under date of ihe'21st..inst.0 you will de liver to the City Hall, approximately -fifty (50) tons of bituminous coal of the following characteristics:- B. T. u. 14,850 Fixed carbon 6002 volatile 34.1 Ash 4.22 Moisture 1.45 Sulphur 0.50 The priceito be eight Dollars fifty cents ($8.50) er, ton delivered, weights to be made over City Scales. Bill to the Bodrd of Public Works. FILED JAN, 22 1922 BOARD 6F PUBLIC WORKS BY L. B. SLAUGHTER President, County Attorney Cyrus E. Pattee appeared before the Board representing the County Council and County Commissioners and took up the matter of havin rade of Division Street from Olive Street to City Limits raised about eigh eon 18") inches, stating that County Council requested that the City'do this -before a contract would be let for paving of same by the County, also the matter -of placing of avement on� in Avenue whether in center or on one side. The Board took these mat ers under advisement and informed County Attorney Pattee that a trip would be made to investigate the conditions on these streets and a report made later.. Tuesday January 24th., 1922. Continued. Dui N F.JJ. Anderson City Engineer requested permission to emp* draughtsman in his office, same granted by the Board. Isaac Van Trump, Chemist of Chicago,.Illinois appeared before the Board and took up matter of contract for season for asphalt inspection. This matter was taken under advisement until a later date. Complaints of Councilumn Hull in regard to defective driveways on TaJ*1or Street in four hundred block and defective sidewalk.on Cottage Grove Avenue filed and referred to D. C. Layton, Street Commissiner for investigation and report. Communication received from Alexis Coquillard in regard to insurance on buildings in City Cemetery. Same referred to Cemetery Sexton J. P. Reed for a report as to how much insurance is needed and report to the,:Board. Petition received fon grade, curb and w4lk on Swygart Avenue from Indiana Avenue to Prairie Avenue. Resolution ordered prepared on same. Petition received for grading of Woodside Street from_ Mkhigsn Street to Fellows Street. Resolution ordered prepared on saute. , Communication of renewal of Thomas J. McGrahh's $29000.00 Plumbing bnd and 119000.00 Excavation bond signed by United States Fidelity & Guaranty Company by Thomas W. Witte Attorney in fact was approved by the Board and referred to Controller for file copy to remain in office of the Board. Bonds and contracts for the Robinson Street Grade, curb and walk and Leer Street grade, curb and walk presented by H. N. Barnes Contractor approved by the Board as follows: - PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 24th. day of January 1922 by and between H. N. Barnes of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and the City of. South Bend,'iri 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 6919059 and all amendatory and supplemental acts ther6to:- Witnesseth, that the contractor covenants and agrees to construct cement walk on Leer Street from Lincoln Way West to the Southerly line of'the Lake Shore and Michigan Southern Railway, in the City, of South Bend,. Indiana, at and for the following prices:- 1900 sq. ft. of cement walk per sq. ft........;....,..,. .18 -1 perf"M ati Work iti°elm ProscMi on of: said, iutptoveummat amimr and to 6 , iri s ®f Itri r e isnit �tsxtn i No .?� _adopted b; lie-boarrd of, Fablic �14pWW&,gU ta,.,l� s 1921 and plans, prof k and specification on file i the office o£ the Department-. of Public W,0 ks `Ni!�i k _ 81 tas�lttt# , .plan , profile and spec icatiang ase ma3e a part hereof as .fully and effectually as 1� , �®p��d sat out herein at'full length. The contractor further expressly covenants and agrees that in the. pro&ecution of said work ,all prcipor Wll and -care will be exercised; that he will properly _• 3r i and protnct'all excavations and dangeroua,pWaa and will use all due and proper precaution to prevent injury to :ny person or pronarry', that In the �vPttt , i tryy Hury`'or damage resulting from the worlt or resulting from any matter or thingg connected therewith or artling therefrom, to any person or property, he vAll pay ar i liquidate the same at his own expense, and as - sums t,hp liability therefor; and in the event of any claim or claims being made or any action or actions beifl , brought against the city by reason or on account of or growing out of said work or its construction, the said 0®ntrActor will at his own expense defend'the.sx.me, and will pay any judgment recovered therein, and will in Atli r®apeets fully indemnify and save harmless said city, its officers, agents or representatives from all cost pehill pa r"nt or judgment recovered. in connection with such claim or claims,. action or actions, And i tVithtn scan 22ya after any such action is begun, the city shall notify the contractor of the pendency thereof, then any t1► rtent rendered against the .city shall be conclusive against the contractor and sgaiart the suroy an hw aw"truiction bond. as to th.. arjount,.liability and other matters pertaining tiweto. And the cOntr'aCtcx a*recs to maintain said overnent are make such repairs as may be necessary foe -- 1he ppenod o► the msgaer as fixed b} the sp�Cil3 Zions, and to secure the maintenance and repair thereof to Sic *ith the Board of Public Works a boric[ witi� saff..t surety thereon and i in ark- amount as fixed by the specifications. And in 4oing snA repair work the contractor and the surety on his .guarantee bond shall be subject to the saMe 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 io fined in the last preceding paragraph covering the con- struction work. And it is further agreed by and between said.lart s that the acceptance of the work provided for in tWs contract; -•,,or the payment thereof, shall not constitute a waiver on the part of the city of any of the provia' Ions of this contract, nor shalt, it Telea a said centrac:tor or the sureties on his bond for the faithful perform- ance thereof; nor shall,the aceeptance.be-prima facie evidence of the performance of any provision of this contract, except tq the c:;tent,of eotjtliug the. contractor to theeedtract 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 hie assigns, or out of the amount due him or his assigns upon the completion of the work, so much as may 1cessary to pay all laborers or rnat:eriai men for amounts due them for \ work done or materials used or iurnjd e, to be used in the performance of this contract and the doing of said work, and the county treasurer, acting &a city treasurer, may retain money collected from property owners assessed for -said ttmprovemeat to pay such elebts: ar Jxnril the contmr",, s�t+haws that theyhsyt bee rs?id or satisfied a8z The coat-a­o- agrees to rerno- -, all oart*L anti Unused matte" fa T*4 V64" 4 IR14ft 4po;a thgtompletion of the imp-,oveml-at or the repairing there -of, 71-1* work of moking stwk improvement shaft lie QwWeted *�=ording to tie terms of Qm1hA0 , unjust the inset e'for-the completion of the sarre sal be ewteod,4 in writing' by itte ao0d of PuUnt Worin And It is Agrae4 that ariextensionch extension of time, or I any alteration of,-18.�is con1ract or of the Milner or moth, od„of doing such work shall in no wayaffecitthe 00ap, 6bliptiopa or liabilities. Ono the trActor or his lurt. ties, It is agreed that the contractor ihall'lpot assip thir, -,Cw 'ract. or sub -lot the "work or any, part thereof to be done herwinder, without the writ -,.en c6ris-,qt cif .the boad � f Pvlblic Works, It Is further agreed and stipulated thqx ate. icontr�iztpr shill give totegidientA pf said city and onunty preference in the employipent of 9.11 labor, necusary intie pt rformance of this contrAct, and failing to do so, shall forfeit to the city the sum of ten'dolla-rs for e*4 f k. re to *Agry;,0fs stipulation. And a .pon 'he performance of all the terms of th)' 50 44%� and things" to be done and performed by said contractor the A&j4 city agrjK,4 �* be assessed, cal, lectod ae pit4�W of stich lv�provp.- ud $ to d laid contractor in JUAer the &4d W'o #pV*QM. pilots. To each of tbq cpndftions pm, mAoions and 0I tke 10 1 , .11 Woo at 9itse.1f, .4 11 , 4 th In Testimony 'WbR ereofcq,Weq the foie5oing-.named parties, hereunto set our hands this 2-4th. day of January,192 CITY OF SOUTH BEND, INDIANA. -HARRY: AT. BARNES BY L. B. SLAUGHTER Contraiptor. L. P. HARDY ALBERT F. HONER Its Board of Public Works. CDNSTRUCTION XOND cl the County ............ priori .- vtl.and Coinnecttqut,,,., of the County oL�-azz- -��=����zz—=�z.aa=-zz..= - - ­­-- - . ........ -arid State of........ . .a as sureties, are held and firmly botmd to, the City of South Bend, Indiana, in the Attm One hundred sne4tx- one -------------------- 7 ($ 171-00 fit the -payment, of which, well and truly to be ma4e, we jointly and severally bind wie helv§, e­iccutors, adminstrators and assigns, firmly by these pr* esents. The conditions cat the obligation are such that if the above - --- ------ -rBarne-sfaithiatly corn­ly with the foregot ' coHay-­ vande and enter-4 into the 23rd --------- - -------- da of .......... ........ . 1 . Ythe conditions and stipulntionx,thereliq COntAlhee,, with the.; City (.)' South, D=:, ir-lian, and sliall fulfill at according to the true intent art ­ rrtca�i- . ng thi­eef', in all respects, then this obligation to be void; otherwise to be and reiziain in full force and in law. in the evei­ the said City shall:extefid the tinit for tb.p completion of said work such e-:+Iersjorn skull not in a-.y way release the sureties on this bond. This shall ' be a constr--t*on 'kcnd, and the sureties on the same shall not be held responsible for the maintenance and repqir of 1' eirnprovernerit after it has been accepted by the second party, but such sureties sit-1l be held resporsible for the fait'-fal coni l errs with Vill r71`1pr cmnrtiflo-ns, stipulations and requir—mrri+q --niyervd by or Q& f.71J WITNESS our hantla and ,salt this.... ..23rd-..,­-.* .... day _of..._.._... --• VH Cjff,�ND A tol-A . ......... - --------- - ....... ... . ................. . ........ The above bond approved this­­-2-4-U1A-; -- - ----- L. P. HARDY ---------- Board of Pubric Worhm. PUBLIC IMPROVEMENT CONTRACT. This Agreement,,.Made and entered into this 24th. day of January 1922 by and between H. N. Barnes of the county of St. Joseph and State of Indiana (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 Publt Works (hereinafter referred to as the " City"), under and by virtue of an Aet of the General Assembly of the State of Indiana, entitled " An Act Cneerning Munietpal*Corporationst " approved March 6,1905, and all amendatory and supple- mental acts ,thereto: Witnessetho that the contractor covenants and agrees to construct rade,, curb and walk on Robinson Street from Lincoln Way East to Ewing Avenue, nthe City of South Bendq Indiana at and for the following prices:- 15100 sq.' ft of cement walk per sq. ft*06000 3-13 3325 lin, ft: of cement curb per lin ft ....... 030 1847 cu. yds. of grading per cu. ydo*009*090*9001090*900 .45- 783 Tuesday January 24th., 19 22 continued, 4 � off A-m sawgrk waftcz6m of mid *Wkt wA W&v** t% 049?4 6f hW4t*jent Sw- tuftim W.. °96 1921 im 44 omer Jw6fiu And vedrv"qom an Me i-ft *e fg#6400 ofto ff: fft§, 1'1 arui specifications are made Un"qh'. of out fi8f411 -it CIO, "Flio W4*MA61 furtl;�r expressly covenants and agrees that In tht r"t'volmi 0 %aM W%A 1,11 'it he --;`11 t U ftfid "144 Wd Ot duo, VVd pro",,� r precantion to prv,.t in'I'17 ir pergall fw pnp�I that 1%'A t wg my, IfiJuty Of' d4ftjTe resulting front the w-)r` or tr^ni. any m,, armitif ifiereft" to an property, h- vj4ll pay aH liriliO gg,ffi k*PQA1q1 i. offto _y person or prop ate tho fhe he liability therefor; and in the event of any cliira of clairis bring made of gll 4@1011 of A01 AKAIMt the city by reason or on account of or growilig out of viidv'"'4'ar 41 eptiopupateill ho P111 d0fituator will at his own expense defend the same, and -,,'rill Pay any Judgment r@@@Y@r@d t mlI 1W �1 in, - dtl fe0fth IUIIY Indemnify and save harmless said city, its officerm, agents or 9F a a u. d a I I 2,611801 01A tfwnt or Judgment recovered in connection with such c.lalm or dAlm§1 aet @fill *1 2aya after any such'action is begun, the city shall notify the contractor @J th@ pqRds .fjjr 11 Nia mt Jtkd*tfwt1t roudefta against the city shall be conclusive against the e_@nJr&ot@r #Rd ggaitlij h I as to tb,- arevount,, liability and other mattort pertakling AW the CQnrr4CToT alfrp'46 LC) mathtain Sald rmprov.exrieni: aL,4 "d wake suck repairs as may I be necessary toi -Peri*d In the nmaner as fixed by, the spocifications, a'S and to secure the maintenance and repair thereof to ffic with OW Noar4l of Public Works a bond -with, sufficient surety thereon and in an amount as fixed by the VC91ficAtions, And in doing such repair work the contractor and the surety on his guarantee bond shall be MIMS" to the SAWO liability to the,city and any other person forany injury or damage to any pers,=:n or prop Ofty III the fame manner and to thV same extent 2--s isfixed in the last pferedinl; p stluction work, arla!graph covering the cou- Avd It in further agreed by and between said rart' s that I the, acceptance of the work provided for in this n contract, or tile paymont thereof: shall not costituie a waiver on the part of the city of any,of the proviso , rnctor or the sureties on his bonel for the faithful pe-riorni- iollb Of thlo contract, nor shall it ruled to said colt 01190 thor0of; nor shall the acceptance be priina facie evidence of the,'pt!rforTnance of ally provision of this COntrac6'exCept to the extent of entitling the contractor4to the coatract,price therefor, Tho Conti actor agrees to pay -for all labor and materials used or furnished to be used in the mtjkingof inch hziprovornont and in the performance Of this contract, whether done or furnished for him or hits a 1 rtty tWiffftve, successor or &Qbcontractor; and the city may reserve out of any allowance tnade on tatty estlrttrals An firvor of the contractor or h­ 'signs, or out of the anlouut due him or his assigns Upon the complatioit of tho work, W vinh as mav "ceasary to pay all laborers or izatzria, men for am"ants, due, theca work done or inaterittle used or Zurniaked to be med in the performance of this (,c)jltruct and tft�* .4 jai, , dalngf of ai.tid work, and tht vou,17 treasurer, acting m city treasurer, may retain money coMet;f,ed frorn prr . ,)pgrt7 owners useaved for stjid to way such debts or imt-11 the contractow J�'Ovv'*' that they hisve bnn 16--c2s to rein all ru!-�; ks"i, earTh- at5d vuiused ina-ter-md in the streei:q OfAr CdrA �Van the completion of the 'provcmcat or the repziring thereof. The ­vvirk of making rollC4 IMPI'07trVerit shall be coruo4eted accoreing to the temis of tj-'s c(,� . ........ ... day ol_ 11t1,%Ct on C,� --------- ---- - ----------- .................. I—— ........ 119.... �1.1'4'p§ thf, -W fir ty- f�Ouq*!t1cr Of th&, sarne shall be extended in writing ._ by the Boerd of Public Works, Arid j4 , it � 'aKl tt;d- t1lat any Such 12y�tWtsioll of tirn,!, or any alteration of th- Sri )Il dtJ2114 A140) WQVk 6hi),Il in no ' is ccn�ract or of the manner oil mpth� way affect the duties, obligations or liabilitie's of the contractor or his sure- ll is wkwl . thl4t I -lie Contractor shall not assign this F-11- tract, or sub -let the work or any part thernof to b I How; 1-16wliVl��f) withol't thewritten eonsmt of the Bu,,r t d of P-�.lblic Works. 01-til(if 4gy,et(! and stipu ed fhat contractor shall give to residents of said city and cniinty in the 0y'1Pl0)FTT'Qnt of all labor necessary in the performance of this contract, and failing to do so, 0011 lor-ledt to the citim the stern of ten dollars for each fail -are to observe this stipulation. J'' A t rid 111j0h the pvrloranee of all the tern -is and conditions of this contract, and things to be done ane, Pfft)VIAIVA by bdid Vontractor the said city agrees to cause the cost of doing such work to.be assessed, col.. tOd Mid P41d to said contractor in the manner fixed by the statute governing the making of such improve- k� To o4eh of the cutitlitions and stipulations of this contract, including all -and singular the pro!i3ions arif."t, 'MV,VV of thth plant. W-Afilt, V*Cificatiores and resolution afore"id, the undersigned binds himsoff or ita-W, auftwwar or aguivos of Such parties. IN TESTIMONY WHEREOF, We, the foregoing named parties, here . unto set our hands this 24th. clay of January 1922. CITY OF SOUTH BEND, INDIANA HARRY N. BARNES, BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works. M' T','5TLZUC'i['&0-N EVRID Contractor. N6 That we ------------ I.1 ..N.Barnes O'Lie Cnil-.Aty 'Of - ----- - --- --------------- State of --------------- A, and --------- The Har-tf oxA__Au1Ae_n�t___&n!ft __ (if the County -------and State ass wretics, are held and firmly bound t" the City of South Bend, Indiana, in the sura of-__ — f our ------------ Doll. -,Is (8 1895.00 --------------- Lit the payment of which, well and truly to be made, we jointly and severally bijid iccutors, adminstrators and assigns, firmly by these presents. G T!<e conditions of the obligation are such that if the above named. z;1 --- --------- ..... . ........._...-_-shall faithfully comply with f the or h , egomg contract, made and entered into the ------ 23rd. da of -------- ----- !1431R�ip -------­------- — - ----- V_1922.� 19—, with the City of South Berd, Indian and shall fulfill at the conditions and stipulations therein contained, according to the true intent and me ' a,,in- ' thereof, in -all respects, then this obligation to be void, otherwise to be and remain in full -force and virtu --in Ta.w. In the ewnthe 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 beL a construction bond, and _%e sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it his been accepted by the second party- but such, sureties shill be held respons-ble for the fait' Sul compliance -evith all other conditions, stimulations and requirements by or set m:.,.t m the contract Tiesdav Januar 24th., 1922. Cantinued. WITNESS our hands and seals HARTFOPJ) AQJ.WT....ANJ:L-TKDEM HARRY N. - BARNES- - ,,,—(Sn' AL) ­.BY-G The above bond approved this ..... .............24th c.......... drily cf J nix. y. 1922 : L. B. SLAUGHTER ---------- Board of Public 1,,111orks: The following claims were allowed by the Board. Central Sign Co. $21.00 Indiana Petroleim Co. .75 C. B. Please Co. 6.65 Sinclair RefinCo. 3.00 Flectric Co.Indianaiie 143.38 Hibberd Printing Co. 22.00 Howard Cranfill Co. 30.11 Central Elea. Co. 32. 8 Indiana & Mich. Elea. Co. 2. 0 Indiana & Mich. Elea. Co. 2670 . Sibley Machine Co. So. Bend Supply Co. 24-38 ;venue Shoeing Shop 53.50 W. R. Hinkle 147 .45 W. R. Hinkle Attest: - Clerk of 776ard, Presi n .