06/12/72 Board of Public Works Minutes

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340 6/12/72 Damage is alleged during the execution of a demolition contract by Machinery Supply Company, Inc., and A. J. Davis. The complaint alleges that the City of South Bend is withholding $3,100'.00 due to the other two defendants apparently for performance of the demolition contract. The prayer is $1,112.64. 1 do not know how to answer the allegation that the City is holding $3,100.00 on behalf of Machinery Supply Company and A. J. Davis. Would you please advise me as to the truth of this allegation so that I may properly respond to it. I shall also like a copy of the demolition contract issued by the City so that I might know whether there are hold harmless and indemnification clause agreements and insurance provisions. Your prompt response would be most helpful to me. Very truly yours, s/ James H. Pankow Mr. Sweeney informed the Board that the city should take the position that it did not have the authority to withbold the money, and thereupon upon motion made, seconded and carried, the Board referred the matter to the Legal Department for an answer. SALE OF PROPERTY ON EAST MiLL RACE Mr. Sweeney reported to the Board that South Bend Screw Products and AAys Rental wished to purchase property in the East Mill Race. He feels it is not in the best interest of the City to sell the property but he feels it could be leased. However, the city does not have the money to appoint a surveyor. If the interested persons wish to hire a surveyor to have the property surveyed and lease it, he would have no objections. The Board, upon mot•i6n made, seconded and carried, moved that the City Attorney handle the matter. BUREAU OF SANITATION - PACKER TRUCK Mr.. Richardson informed the Board that the Bureau of Sanitation is in need of a packer type truck. Upon motion made, seconded and carried, the Clerk was instructed to advertise for said truck accord- ing to plans and specifications on file, with bids to be returnable on June 26, 1972. REQUEST TO BLOCK STREET A letter was received from Mrs. Victor Papal for the Eastgate neigh- borhood group, asking for permission to block Winston Drive from Cabot to Hepler streets on July 2, 1972 from 1:00 p.m. to 8:00 p.m. Upon motion made, seconded and carried, this was referred to the Bureau of traffic. CHANGE ORDER NO.4 - WASTEWATER TREATMENT PLANT Upon motion made, seconded and carried, the Board approved Contract Change order No. 4 in Division A - Wastewater Treatment Plant Add- ition. The change will increase the contract $6,065.00. NO PARKING ON LINCOLN WAY EAST The following memo was received from the Bureau of Traffic and Lighting: "The Indiana State Highwat Department under_a TOPICS program has let a contract to improve Lincoln Way East from Miami to Twyckenham in South Bend. This project involves removal of the unsightly railing and replacing it with guard rail, installation of curbs and sidewalks all along the river bank. Also the street will be center lined and lane lined to provide for four lanes of traffic. The Federal funds will not be allowed unless an improvement of traffic flow results, hence the removal of parking. n