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HomeMy WebLinkAbout04/18/1934 Board of Public Works Special Meeting Minutes'uesday, Apr it 17th. , 1934. FM This being the date set, ad,iourned r:eetinp of the Bcr- rd of Public `= orks v:=as held at 9 1! All members present. T`r,;yor `. 'Finkle ^nd CitzT I:ttorney, Romig, <^lso present. The ri,a.tter of the pure -lase of a Ltreet �%creepinC, unit was d iscu: sed and pro- posals which were received on 1-=onda 7,T, 1..-cril 16th. , 1964, were considered. After caref_l,l consideration, the Eoar- decides to postpone �-he final d.icision in this matter until Wednesday evening at 7-30 , at which time a special meeting, of the Board will be held in the office of the Bcard. Tl-,e Board instruc-I.:ed the Secretar`T of the Board to lam' epare lepa1 advertise- rnents and haa ve same published., for the purchase of a motor drnvrn 1500 pelion street Flusher i ith sprinklinr, atte chrients and sewer cleaning attachments, in.ount d. on a chassis Eu^rPnteed to carry the load-. Said -proposals to be received on I-P-y 7th. , 19349 up to 3 P. Y. Meetin.r adjourned at 11-30 Ye Lttest: ✓�. Secretary • „}' ,SPAY, AP!!ITj 18th . , 1934. Boars: rat in special session at 7-30 P. T 1111 members Present. r: I. S. homip Cit, attorne,,T also present . Upon t}e advise of Ci+IT 1ttorney, T. S. Romic, the Board hereby ewards the contract for the ,_'treet Lepartment Sreepinp Unit to the Austin-I'`estern Road --,chinerr CorinansT a t their price of '�6,525.00 and the Loard signed the fol.lowi.nF Contract wri-th said Austin-,`yestern Road T,schinery Company, subject to tl-e approval of the Common Coun- ci 1: T T-, A' c,.T T` , c~'n-- U., n r V-'t�.nT TT. _�T '�C1."-n ITY • One (1) Austin''-otor Pick-L'p -eeper in e ord:!�r_ce wilth detailed sne cif icati ons herewaith, for t-he stLm, of '�P,,525.00 p,-Table 2 o discount for cash, 30 days from date o �' delivery or deferred p,-yment plan as follows:-"1550.00 payable upon ccr::nletiDn of delivery; '10,17.50 due one year from date oC delivery, '1520,00 due tv o ?rears from rate of delivery; and 1722.50 due twee Treats from date of delivery. This price includes letteri_np and nain'-inF as per instrue- tioris from ,-our str-et department, ^lso our expert mcchnnic to instruct .-:Tour operators ,is to onerf-t:i.on, Oil, preasinF, etc., for ^ perioc" of six days; list Of-Qarts, tools, etc . , 7- - ich include one broom fi J..lin€- m^ c ri ne listed on t rye beck of this proposal. See enclosed fetter. • This order given end accepted subject to r^tifications by Council Ordinance as provided by lam. -'cer_ted t1 is 13th., ,'2v of Pril, 1�-34, on he,-plf of the City of South }?end, In, is na : - Dick Johnson, Presicent "oar,-' of Public :forks Lnton rquld-zinski, = ember FYoard of Public - orks Ralph -. Yuss, 1�,ember hoary of Public !orks. The above contract toFe!-1,er Z-'ith Proper ordinance eccompa.nyinp same, will be presented to the Council for z�ti fication on next T: �rida=r evening, Ilpril 2 rd ., 1934, by City Attorney I. S. Forlip. In connection w;i.th the resolution for the Set TiEck 'Lines on E'dc=y Street under Con,-rcnption Resoluti on -' o.2479, the follo ..,inp covenent or P.preement waas -Filed by Y. A. F,omer end CAtberine fomer: COV-; T,^.}.,T TIIi-s indenture, r. d- t: is llt}_., d^ of hnril, 1934, 'ri.tnesseth: • Trzt hereas, T.T... Fornerand Catherine T'omen are the OUners of the following c�escri bed reel es Late si taa.ted. in the Ci.t,�T of South Rend, County of Wit. Joseph, � tate () of lnr' iena, to -wait: f? t<< ct or parcel of 1^n.c- sifi:uated. in the CitzT of South Lend, Inr.iariex, and in 14 7Vedn.es(9ay, April. 18th. 1 1934 the Fo r t h I a n pe 3 fast 4- Section 6, Yt oVT Quar ter H 4- f the 8 6�f Township. 37 more T)articulerly described as follows: Bat ,pinning t P point on the S E Corner of Corby and E"ddy 01treet, thence East along, the south line of Corby 6treet eiFj-I.ty-ejFht (88, ) ft, thence S'oi.fth one hi).,ne.red ranc Twenty (1201) feet thence 74est Iliphty-eipht (e8l) feet to point on the Eastline of Id-v Street vhich point is one hundred tv,-enty (120) feet south of the gout h east corner of Corby an(7 Eddy 1_%treet, thenceNorthone hundred and twenty (1201 ) feet south of' the `3outh east corner of Corby and Eddy Street, thence North one hundred, and t7Tenty feet (3-201) to'tbe place of beginning. And v.,Thereas, the Boqr�,tj of Public V'jorks has adopted and p-Inced on fi - le a Bet tpclk line or bui,1.('J_nF line or, ld�'V Street between Jefferson Eoulever& and_ the north U_t77 1_jTnjtS fin: v.tiereas sP4� T A. IT omer and Catherine Eorn-er have �-pplied to the -ue-p-,rtrinenf ol' s.--id city for f-, -oern.it to remodel the -o.-resent build inp for n store buildinr- at s,-.id location knovin as -,\Tor-IL-;h "1110hdy Street, Therefore, it, Is apreed and understood that said I% A. Fomer end Cptherine 12oner will, if tl,e -present bu-!1dinp permit is Franted, remove the present- resent building, as remo0eled without any expense to the City, back of the nev; street line as described in the set back Resolution ixo.2479. It is uAderst.00d that this UuIlcinp will, ^e removed vv! ti.in thirty (30) daVs after the _L21'oprd of Public "yorks of the City of Sc nth. rend has col"Moleted its -nr--ceediners to lepelly open Pn(- Widen -dry Street from, Jefferson Street to the north city limits P !I as - ' orovided for in Resolution "_o.2479 es estp-.1-.1isbed in the set back -nl,-n on this street. �Tn ry i t1ness ii-,,,hereof, , we have hereunto set our ',,Pnds end seels this 12th. dpy Of trril. 1934. s i f-ne d- ­atthew lHomier Omner Catherine Foir_.er Owner State of Illinois County of gook) SS Before the uneersigned, P _'Fotary Puln1-ic, in and for sa-,C; County and State personally appeared , Y. 1,.. Forqer and '%therine Former ormer P nc pckno-,,ledped the execution of,th e7hove covenant this 12tI7., day of April) 1934. s c on T-. TDPi..rney, i o com-rission expires tPry Pub] is A111pus t 2 4 th 1936. Mr. G. A. Farabaugh, attorney for the New York Central Railroad Company, and other officials of the New York Central Egilroad Company were present, and the follow- ing Agreement was signed by the Board, tb6 New York Central Railroad Company, and The State of Indiana, by James D. Adams, Chairman, State Highway Commission, regarding Track Elevation at hestern Avenue and �Ialnut Street. Agreement is as'follows: A G R E E W-E N T 2 G 2020 C. S. Draft of Feb 21.34 Revised Mar 7, 34 Revised Mar 15.34 Revised Mar 26.34 Revised Mar 28,,34 Revised Apr 17.34 THIS AGREEMENT* made and entered into this 18th. day of April, 1934, by and between the State of Indiana by the Chairman of the State Highway Uommission of Indiana, Party of the First Part, hereinafter sometimes called the "State", and the New York Central Railroad company as Party of the Second Part, hereinafter sometimes called the "Railroad Company, And the City of South Bend, a municipal corporation, by and through its Board of Public 'Works, as Party of the Third Part, hereinafter sometimes called the "City", Witnesseth: I WFIETTAS, on the llth., day of A-pril, 1930, the Railroad Company and the City entered into an agreement providing among other things for the separation of (fides at the crossing of the main line of the railroad company with Division Street now known as Western Avenue) and 'Walnut Street in South Bends by raising, the grade of the railroad,, by depressing Division street and depressing and relocating Walnut. Street and by constructing a new railroad bridge to carry the railroad over sd d Division Street and Walnut Street, and WHEREAS, pursuant to said agreempnt the Railroad Company prepared plikus for the said proposed railroad bridge and received competitive bids for and purchased the fabricated structural steel -for said bri-dge, and • • 0 • A I­ .0 =.WIREAS, pursuant to said agreement the City prepared certain Mans and • acquired certain rights of way for the improvement of Division Street and. Walnut Street, and t" Wednesday, April ISth., 1934 AREAS, because of finandial conditions beyond the control of the parties hereto, said Railroad Company and U lty have been unable to secure funds with which to completely carry out the terms of said A-grbi�ment of April 11, 1930 with respect to said .crossing, and AREAS, said Division Otreet, now known as Western Avenue, at the point where it crosses said railroad is a part of the route of State Road No.2, and on the reasonable and proper extension of Indiana Federal Aid Route No.13 thru South Pend, and • WFEREAS, under the terms of the National Industrial Recovery Act of June - 16, 1933 and the Rules and Regulations approved thereunder by the Special Board for Public Works, certain funds ere available to the State under certain conditions for the improvement of extensions of the Federal Aid highway system into and through municipalities, and iFEPEAS, under Sec. 27 of Chapter IS of the Acts of 1933 General Assembly of the jtate of Indiana entitled: "An Act Creating a State Highway Commssion, etc"., the State Highway commission is authorized "to cooperate with the United States Government under any federal law 4.n any manner necessary to secure for the State of Indiana the proportion of any federal appropriation which may be n-Bde in the future", and • WIERFAS, the Otate desires to construct said railroad bridge, street eppros ches9 and the drainage thereof with National Recovery Highway Funds and s submitted this project as a part of its program of National Recovery Yunicipal Pro- jects under, said Np tional Industrial Recovery Act of June 16, 1933, now THEREFORE > in consideration of the mutual provisions contained herein, the parties hereto for the purpose of separating grades at the said crossing of the mein li#e of the New York Central Railroad with Western Avenue and balnut Street, in South bend, hereby agree with each other as follows; 1. The State agrees to submit to the proper Federal Authorities all necessary project statements, plans, specifications and other papers and to diligently endeavor to obtain all necessary Federal approval thereon, for the construction of this grade separation with NAtiona.l Recovery Highway funds, allocated to the State. The bailroad Company and the City agree to cooperate with and assist the State in i every reasonable way to accomplish these things. 11 11. In the event that ell. necessary Federal approvals are secured within one year from the date hereof then the parties agree that the said grade separation �`shsll be constructed as hereinafter set out, but in t b e event that such epprova is are not secured within one year, then this agreement shall be of no force and effect. If sand when this agreement becomes fully operative end effective it shall supersede and j replace or modify all portions of the aforementioned agreement of April 11, 1930 with which it is in conflict, but only to the extent of such conflict. ji 111. The work shall m subject to all Federal laws, rules, regulations, orders grid approvals applying to it as a Blational Recovery Vunicipal Project. 1V. The ork included in anc covered by this agreement shall consist of and include, i (a) Raising the track of the railroad company at the center line of Western Avenue by approximrntely 4.96 feet, and all work incidental thereto inc led ing any necessary raise in the tracks of the New Jersey, Indiana and Illinois Railroad Uompany, and of the New York • Central nailroed Company's connecting track to the Michigsn Cen- tral Railroad. (b) Constructing a five track bridge to carry the railroad over West- ern Avenue and Walnut Street. (c) Widening end reconstructing Western Avenue from Kosciuszko 6tr:et to Maple Street and ra is ing Western Avenue at its crossing of the New Jersey, Indiana and Illinois xsi lro ad and of the New York Central railroad Companys connecting track to the Michigan Central railroad and depressing said Western Avenue to pass under the pro- posed railroad bridge with a minimum vertical clearene of 14 feet, • including paving, curbs, retaining Wails, sidewalks, stairways, hand rails, servers, dra-ns, and all work incidental thereto. (d) Relocating and depressing "alnut Street and reconstructing same from the second alley south of Western Avenue to the second alley north of Western Avenue and all work incidental thereto. V. The State shall pay the entire contract cost of the railroad bridge, ;including the actual contract cost of steel work heretofore purchased, the contract cost of the temporary structures and falsewcrrk involved therein, the entire construct- ion cost of reconstructing Western Avenue from Kosciukzko street to I.aple Street and of reconstructing Atlnut Street from the second, e_11ey south of Western Avenue to the second alley norv7 of Western Avenue including Street and alley connections, such cost to include the cost of pavement, curbs, sidewalks, retaining walls, hand rails, Stairways, drainage, and of incidental items involved therein, including changes in elvers directly* mede necessary by such construction and the purchase cost of filling aterial and ballast required to raise the railroad, such material to be delivered on 1 6 Wednesday,, April 18th . , 1934 cars at some reasonable point on the lines'of the Rgilroad Company. Vl. The Railroad Company shall pay all the cost of transporting over lines operated by it including demurrage and storage and all cost of placing filling mat- erial and ballast to raise its tracks, all the cost of temporary and permanent changes in the tracks, switches, signals, crossings and other appurdienances, buildings or property of the railroad company except as specifically set out io Article V hereof. �Tll. The City shall, without cost to the other parties, arrange for all the right of way, easements and property rights required for the proposed reconstruction of Western Avenue and the relocation and reconstruction of W Inut Street provided for herein end except as herein otherwise provided shall also, without cost to the other perites heretom.arrange for any necessary changes in or adjustment of publicly or pri- vstely owned utilities or other property required for or made necessary by the propos- ed changes in said. streets. V111. The City agrees without cast to the State, to arrange for the recon struction of Arnold Street, for the vacation of Cherry btreet, end for any reconstruct.: ion and/or vacation of any other streets, alleys or other public property made neces- sary by the change in grade of the railroad and/or the change in grade or location of j Western Avenue and 'Walnut Street. The `'ity also agrees, without cost to the . other parties hereto, to install or arrange fbr the installation, maintenance, and operation of proper and adequate automatic traffic control lights to protect traffic at Western Avenue and "alivt Streets at their intersection, such lights to be so located as not to encroach upon upon or reduce the traffic clearances of the streets or underpass. j 1X. Each of the parties hereto shall pay all the cost of inspection, engin- eering, supervision, accounting, administration, watching, paving, treck work, changes in wires, signals andother appurtenances and of incidental items incurred by each respectively, except th#t the State shall pay to the Railroad Company the sum of seven thousand ($7,000.00) dollars as a partial reimbursement for the cost of inspection, engineering, track work end enanges in wires and signals upon submission of itemized statements of such disbursements aggregating a sum equal to or greater than 7,000.00,E X.` The Railroad Company shall initiate, handle and in the first instance pay for the raising of its tracks, the construction of the railroad bridge, the ex- cavation incidental thereto, the waterproofing of said bridge and ror the track work involved therein, including construction and removal of any necessary crossovers, and detour or construction track, temporary bridges and/or track supports, and all other work described in Article 1V (a) hereof. All work to be charged to the State hereunde shall be let by contract to a contrac ftor or contractors who has adequate equipment, organization and finances for the work and who has previously constructed railroad bridge, subway or track elevation work of equal or larger size involv6ng the mainten- ance of main line railroad traffic during such construction. The specifications for all such contracts shall include the standard special provisions relating to hours, wages, methods of work and other matters which have been approved for National Recov- ery Highway. Projects in Indiana. Before bids shall beinvited on any such contracts, complete plans, specifications, and forms of invitation, advertisement, proposal and contract therefor shell have been completed by the Railroad Company and approved by the City end the State and submitted by the State to the district engineer of the U. S. Bureau of Public Roads and by him formally recommended for approval. For each such, contract the railroad company shall then give notice by at least one publication in two newspapers of general circulation throughout the State of Indiana, and in two newspapers representing the parties casting the highest and next highest vote in the county of St. Joseph, Indiana, of general circulation in the county that on a date and hour and a place in Indiana to be named in the notice, sealed bids will be received by the railroad company fbr the work described therein. Each such notice shall be published at least ten days before the date named therein. On the date named and at the time and place named in the notice such bids shall be publicly opened and read. The railroad company shall award such contract to the lowest and best bidder but shall not execute any contract or start work thereunder until such award shall have been approved by the State, and submitted by it to the district engine-er of tre U. S. Bureau of Public Roads and he has e one urre d in such award. Xl. The State shall initiate, handle end pay for all work described in Article IV, (c) 1V (d) , and V, except as herein otherwise provided. Plans and specifications therefor shall be prepared by the State and approved by the Railroad Company and. the City as their reppective interests may appear, before contracts are let or work start- ed th ere on. fill. The Railroad. Company shall keep complete records of the cost of all montract work done, in the prosecution of the portions of the work to be performed by it and shall render monthly statements of disbursements on account of such work to the State, together with bills for its proper proportion thereof, which shall be paid within sixty days, provided however that fifty percent of the cost of steel work shall be chargeable to the State when it is delivered to the site of the work and the balance when it is incorporated in the work. Each party to this agreement shall sub- mit to the other parties on request, such information as they may require concerning tre cost and other details of the work. Xlll. The parties hereto agree that in making or entering into any contract with a ny contractor or contractors covering ^ny portions of the work herein contemplat- ed, such contract Mall provide that such contractor or contractors shall furnish a bond conditioned, to secure the faithful performance of such contract, and for the payment of all lawful claims of sub -contractors, material men and laborers for labor performed and nwterial furnished or other services rendered in the carrying forward performing and completing of said contract (said bond to be for the benefit of any material mean or laborer having a just claim ageinst such contractor or sub -contractor), • • • • • • • Wednesday, April 18th., 1934. U n C • • and to indemnify and save harmless the Railroad Company, its tenants and licensees, the Uity and the State, and the offi-cers, agents and employes thereof, from all loses zost, expense, suits, claims or dememdasof any character that may arise from or grow out of the performance of such contract on account of inkuries to person, or damage to property, or for any infringement of patentsm, trademarks or copy rights and all cIA'Ims arising or amounts recovered under the "orkman's Compensation lar or under any other laws;. by-laws, orders, ordinances or decrees. And it is further agreed that such contractor` or contrators, sub contractor or sub -contractors, shall furnish certificates of issuance of public liability and "orkman's Compensation insurance for the protection of the Railroad Company, its tenants end licensees, the pity and: State an� the officers, agents and employes thereof. Said bond, certificates of issuance of public liability and workman s GG'ompensation insurance shall in form, companies and amounts satisfpctory to the State, the Railroad Company and the City. Said bond shall be in the principal sum of not less that one and one-half (1 *) times the amount of said contract price. XiV. Each of the parties hereto agree to cooperate with the otherd in eyery reasonable way for the prompt and safe execution of the work and, to proceed with the portion of the work to be done by them as soon as practicable after necessary Federal approvals are secured and to complete all work in accordance with the terms of this agreement as soon as practicable. XV, The City agrees to pay any and all damages that may accrue to property owners and occassioned by said improvement and to hold the State of Indiana and the State HigIvay Commission of Indiene , free and harmless therefrom. XVl. After the construction of such grade separation as herein provided for shall have been completed, the Railroad Company shall at its own cost and expense maintain its roadway and track, the structures supporting the same and the drainage thereof, and the City shall without cost to the other parties hereto maintain or arrange for the maintenance of the streetq, including the roadways and footwalks,' the structures supporting the same and the drainage thereof, and of sanitary sewers affect- ed by the construction. XV11. The City agrees and pledges its good faith to institute. and dili- gently prosecute all necessary and proper proceedings for the opening end adequate improvement of Western Avenue from &_ichignn Street to Lincoln Way East. This agreement shall be binding upon the legal representatives and assigns of the respective parties hereto. THE V7 €N YORK CENTRAL RAILROAD CO. By T. W. Evans, Vicepresident. Party of Second Part Attest: F. F. Stephenson, Seey CITY OF SOUTH BEND, IN'rTAYA. By Dick Johnson Antoni Zmudzinski Ralph R. Kus s Board of Public Works Party of Third Part ACKNO � IEPGEIENT STATE CF INDIANA) �i )SS COUNTY OF ST. JCSEPR) THE STATE OF INLIANA By James D. Adams Chairman State TFighway Commission Party of First Part, APPROVED AS LEGALITY & FORM Philip Lutz Jr. Attorney General, State of Indiana Person lly appe P ree before me, a notary public , in and for said County, James I"). Adams, Chairman of the State Highway Commission of Indiana, and acknowledged the execution of the Above contract this 33M.9 day of May, 1934. Witness my hens and seal on tre above named last date. Pry commission expires Ddc. 12, 1937. Josephine Henry, Votery Public AGKNT07'LEDGEC E-NT STAR OF ILL•INOIS) )SS COUNTY OF COOK ) On this 19th.9 day of April, 1934, appeared before me, a notary public, in and for said County, T. W. Evans, being by me duly sworn, did say that he is the Vice-rresident of the New York Central Railroad Company, a corporation of the States of New York, Pennsylvania ©h3to Pr3tchigen I13 nois alld. WI ao ,d t the meal off xed the -foregoing, .conk ra c s tie orpora sea'1 Q t o s niad c po $ o a hKedn,e sda y, April 19t h. , 1964 by au.tnority, of its Board of Directors, and that he acknowledged the same to be the _free act snO deed of the said. The New York Central RailroadCompany. Edw. J. 11olyneaux, Notary Public My c ommis lion exp ire s Apri 1 'nth. , 1938. ACKNO LEI GETENT State of New York ) )SS County of New York) On this 21st day, of April 1934, appeared before me, a notary public, in and forasaid County, "I F. Stephenson, who being; duly sworn, dial say, that he is the Secretary of The New York Central Rai lroa d Company, a corporation of the States of New York, Pennsylvaina, .Ohio, Indiana Illinois and Michigan, and that the seal affixed. to the foregoing. contract is the corporate seal of the said corporation, and that said contract was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that he acknowledged the same to be free act and deed of the said The New York Central Railroad Company. -B. F. Sheffer, Notary Public, Westchester County certificate filed in New York County, Uounty Clerks No.11, heeister's No.5-S-26, My Commission expires March 20, 1935. ACKNOWLEDGEMENT STATE OF III?'LIANA ) )SS ST. JOSEPH CO. ) Personally appeared before me, a notary public in and for said County, Dick Johnson, ' Anton Zmud.zinski, and Ralph H. Kuss, members of the Board of Public Works of the City of South Bend, Ind iarp- , and a cknowledged the execution of the above contract this 18th. , day of April, 1934. 'fitness -my hand and seal on the above last-named date. My dommission expires January 9, 1938. AT`i' ,ST : Meeting adjourned at 10 P. Me Hazel A. Turner, Notary Public MAN / BOARD OF PUBLIC WORKS 0 0 0 • 0 me • 0 :7 ME • • 0 0- 0