Loading...
HomeMy WebLinkAbout06/26/1908 Board of Public Works Minutes17, Friday June 26th, 1('OS. The Board met in regular sessionat 10 A. M. Mr. Papczynski absent. Bond of -James Nelson Filed and approved and contract signed for the grading of St. Peter street. Hearing on Declaratory. Resolution No. 549 for Trunk- Seweron Meade, Huron tic Olive streets was deferred until July :-.10th, 19097 ­.t 10 A. 14.' Hearing given on Declaratory Resolution No. 549 for Trunk Sewer on Prairie avenue from Kemble avenue to Lincoln street. In the above matter no remonstrators appeared and no remonstrances were filed. The Board therefore find that in each and every case in said improvements that the benefits 6 to the property and to the City of South Bend are equal to the estimated cost of said improve*ents and the same are hereby in all things ratified, confirmed and approved. Engineer filed estimated cost of Prairie avenue Trunk Sewer.... $1,92000.00 Be it resolved that notices be published in the South Bend Daily Times on the 26th day of June and on the 3rd day of July, 1909, to the effect that this Board will receive bids for said improvements -up to 10 A. M. on the 14th day of July, 1909. The Board reserves the right to reject any or all bids. Bond of. Barber Asphalt Paving Company filed and approved and form of contract signed for the nest Washington street Asphalt Pavement under Imp. Res. No. 550. The Board having under advisement the question of repairs on the W. Washington street asphalt pavement and the differences between the city and the Barber Asphalt Company as to their liability for repairs -under their bond given in connection with said work and the Barber Asphalt Paving Company having proposed to pay the City the sum of twenty (20/) cents per square yard of such pavement in satisfaction and to secure the release of said company from any further duty to repair said street,which sum shall be deducted from the amnunt due said company under its contract for the repavement of said street, and it appearing to the Board that it is for the best interest of the city and interested property owners to effect such adjustment it is therefore ordered and directed that the Mayor Of the City be and he is hereby authorized and directed to execute on behalf of the City the following contract: This MEMORANDUM OF AGREEMENT, entered into between the BARBER ASPHALT PAVING COMPANY a corporation organized under and pursuant to the laws of the State of West Virginia, a� hereinafter referred to as the COMPANY, and the CITY OF SOUTH BEND, a municipal corpor- ation organized and existing under and pursuant to the laws of the State of Indiana, here inafter referred to as the CITY, witnesseth that WHEREAS, heretofore, in the year 1999, the COMPANY constructed an asphalt pavement upon WASHINGTON STREET in 7-aid city from Michigan street to Walnut street, and WHEREAS, the contract pursuant to which said pavement was constructed guaranteed said pavement for the period of ten (10) years, and obligated 1.1he COMPANY to maintain and keep such pavement in repair during that period, and WHEREAS, such period of guaranty is now about to expire, and WHEREAS, the sum of approximately Fourteen Hundred Dollars, owing to the COMPANY, is retained by the CITY to secure the making of said repairs under said contract, and WHEREAS, said street, at this time, contains many holes, cavities and depressions, and is in need of considerable repairs in order to make the same conform to the prov- isions of said contract, and WHEREAS, the COMPANY contends that the provisions of said contract which obligate the COMPANY to keep said street in repair are illegal and invalid, becuase of effect of such provisions was to charge the cost of repairing such street against the abutting property owners thereon without authority of law, and WHEREAS, the COMPANY -denies its iability to make repairs to said street for the additional reason that the ;specifications furnished by the CITY for the construction of such pavement were defective in calling for an inferior grade of natural cement concrete foundation, and WHEREAS, in any event,. the extent of the liability of the COMPANY is to repair said street by filling in such holes and depressions as now exist therein, and 176 Friday June 26th, 1909. Barber Contract Con't. WHEREAS, for this reason, the city is not satisfied that surface repairs should be made upon said street, but on the contrary desires the removal of the old pavement, including the present foundation and the substitution of a new pavement upon a portl- and cement concrete foundation, and WHEREAS, pursuant to that desire, the CITY has adopted specifications for a new asphalt pavement upon a portland cement concrete foundation, and had adopted proper resolutions and has properly advertised for and received bids for the construction of such new pavement under said specifications, and WHEREAS, the COMPANY submitted a bid for constructing such new pavement, which bid was found to be the best bid submitted, and was accordingly accepted, and the contract for such new pavement was awarded to the COMPAWT , and , WHEREAS, to the end of avoiding litigation, it is now desired to settle the controversy between the CITY and the COMPANY concerning the liability of the C031PANY to make repairs on_said street pursuant to the contract executed as aforesaid in the year 1999; NOW THEREFORE, in settlement of said controversy, and for the consideration hereinafter named, the CITY hereby releases and discharges the COMPANY from all obligations with respect to the repair of said street under said contract executed as aforesaid in the year 1999. In consideration of such release, the COMPANY hereby agrees to pay to the CITY_the sum of TWENTY CENTS PER SQUARE YEAR for each and every square yard included within said improvement. It is furthermore agreed that said sum is to be deducted by the CITY from the contract price payable to the COMPANY under the.contract awarded to the COMPANY for the reconstruction of said street, and the assessments which shall be levied by the CITY to meet the cost of such recon- struction shall be correspondingly reduced. It is furthermore agreed that upon the completion of said new pavement, and its acceptance by the CITY? the COMPANY shall be entitled to said retainer, amounting to approximately Fourteen Hundred Dollars (41400.00)2 held by the CITY to secure the performance of the guaranty provisions of said contract of 1999* IN WITNESS WHEREOF, t+rties hereto have hereunto caused their corprate names to be affixed by their proper officers or agents, this 26th day of June, 1909. BARBER ASPHALT PAVING COMPANY By "J. L. Aake, # SEAL # <<I ! 1 1111 Attest: "P.B.Siebben", Asst Sec. CITY OF SOUTH By "E. J. # SEAL # Attest' "Nelson K. Kyser, City Clerk. General Agent. BEND Fogarty, Mayor -00000000000000000000000000000000000- Five year guarantee Bond of the Barber Asphalt Paving Company filed and approved for the West Washington street Asphalt Pavement. a5 \- President.