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HomeMy WebLinkAboutROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Mr. Zackary Hirt Wolfe House Movers of Indiana, LLC 117 W. State Road 114 North Manchester, IN 46962 zackkwolfehousemovers. com May 14, 2024 Mr. Todd Zeiger Historic Landmarks Foundation of IN, Inc. d/b/a Indiana Landmarks 1201 Central Ave. Indianapolis, IN 46202 tzeiger(ae,indianalandmarks. com RE: Right -Of -Way Occupancy and Encroachment Agreement Dear Mr. Hirt: At its May 14, 2024 meeting, the Board of Public Works approved the above referenced agreement for the house move from 211 W. Marion St. House Move to 402 W. Navarre St. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou RIGHT-OF-WAY OCCUPANCY AND ENCROACHMENT AGREEMENT This Right -of -Way Occupancy and Encroachment Agreement (hereinafter the "Agreement") is made and entered this 14th. day of May, 2024 ("Effective Date"), by and between the City of South Bend, Indiana (the "City"), a municipal corporation, through its Board of Public Works, and Wolfe House Movers of Indiana, LLC, with a principal office location at 10 Birch LN, Bernville, PA 19506 and an Indiana office location at 117 W. State Road 114, North Manchester, Indiana 46962 and Historic Landmarks Foundation of Indiana, Inc., d/b/a Indiana Landmarks, 1201 Central Avenue, Indianapolis, Indiana 46202 (collectively referred to herein as the "Permittees"), each a party and collectively the parties. Recitals WHEREAS, the Permittees desire to occupy and utilize portions of the City's Right -Of - Way to transport a house (the "Property") from a parcel of land located at 211 West Marion Street, South Bend, Indiana 46601 ("Current Location") to a parcel located at 402 West Navarre Street, South Bend, Indiana 46601 ("New Location"), as more particularly described and depicted on Exhibit A, incorporated herein by reference and attachment; and WHEREAS, the City has agreed to grant Permittees a temporary and non-exclusive privilege to occupy and use City Right -Of -Way to transport the Property in accordance with the schedule and route specified in Exhibit A ("Approved Schedule and Route"), and in accordance with and subject to the terms, conditions and limitations of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations contained herein, and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Grant of Permit. The City hereby grants to Permittees a temporary and non-exclusive personal privilege and permission to enter upon the City Right -Of -Way in accordance with the Approved Schedule and Route to transport the Property to the New Location, as described and depicted on Exhibit A, and subject to the following terms and conditions: Permittees' Responsibilities a. Provide the City with pre- and post -transport photos and video of the truck route area for damage assessment. Permittees will provide the City with a written summary of existing damage for City's confirmation and written concurrence, 1 b. Provide the City a detailed traffic control maintenance plan indicating location of barricades, road closure signs, traffic detour route, etcetera. The Permittees will be responsible for implementing the plan following receipt of City Engineering written approval. c. Restore or replace City Property over and above pre-existing damage as documented in Section 2 a above caused during transport activities, including but not limited to: i. Streetlights ii. Curbs, curb ramps, sidewalk, and signage to the same or better condition than existed prior to transport. iii. Permittees will utilize a certified arborist to trim any trees that need to be trimmed along the Approved Route. Permittees will not commence any tree trimming activities until they have coordinated the activities with the City Forrester. The Permittees agree to make repairs or replacements within 90 days of the date of damage. If the Permittees fail to complete the repairs or replacements within the aforementioned timeframe, the City shall have the right to make such repairs or replacements, the full and complete cost of which shall be borne by the Permittees. Permittees covenant and agree to reimburse the City its full cost and expense for any such repairs or replacements. If the Permittees provide the City with substantiation showing they are unable to complete the repairs or replacement within the 90-day timeframe due to conditions beyond their control, the City agrees to work with the Permittees to reach a mutually acceptable extended repair/replacement date(s) prior to self -performing the repairs/replacements. d. Immediately reinstall any signs removed during the house move transport once the house has vacated the area where the signs were located. e. Provide no parking signage along West Marion Street a minimum of 48 hours prior to the start of the house move transport. 3. Term. This Agreement and the Permit granted to the parties hereunder shall commence as of the date the Permittees commence any activities on or to City Property, real and 2 personal, related to the Permittees' responsibilities under this Agreement, and shall continue until the completion of transport of the Property to the New Location and full restoration and/or replacement of damaged City property. 4. No Interest in Land. Permittees understand, acknowledge and agree that this Agreement does not create an interest or estate in Permittees' favor in the City Right -Of -Way. The City retains legal possession of the full boundaries of its Right -Of -Way and this Agreement merely grants to Permittees the personal privilege to occupy and use the City Right -of -Way as described above throughout the term of this Agreement. 5. No Vested Right. Notwithstanding any expenditure of money, time and/or labor by Permittees, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of Permittees. Permittees shall expend any time, money or labor at Permittees' own risk and peril. 6. Insurance. Permittees shall maintain at all times during the term of this Agreement, at Permittees' sole cost and expense, the following insurance policies: a. Comprehensive General Liability- Coverage on an occurrence basis from an insurance company licensed with the State of Indiana with at least a $5,000,000.00 combined single limit coverage on all risks. b. Workmen's Compensation — Statutory State of Indiana Employer's Liability - $100,000.00 Auto Liability — Bodily Injury and Property Damage combined single limit- $1,000,000.00. The City shall be named as an additional named insured on the Commercial General Line insurance policy Certificate of Insurance and Permittees shall provide the City with a Certificate of Insurance evidencing the same prior to the commencement of the activities contemplated under this Agreement. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. Alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the City. 7. Compliance with Law. Permittees shall adhere to and comply with all ordinances, laws, rules and regulations that may pertain to or apply to the activities contemplated under this Agreement. Permittees agree and warrant that they have procured or shall procure any licenses, permits or like permission required by law, if any, to conduct or engage in the Agreement activity, that Permittees will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that Permittees will keep the same in full force and effect during the term of this Agreement. Permittees shall perform under this Agreement in accordance with all applicable legal requirements as of effective date. 3 8. Indemnification. To the fullest extent permitted by law, Permittees agree to indemnify, defend and save the City, its officers, agents, servants, employees, boards and commissions harmless from and against: a. Damage to Permittees' Property. Any and all claims, loss or damage (including reasonable attorney's fees) to the Permittees' Property or any property belonging to or rented by Permittees, its officers, servants, agents or employees, which may be stolen, destroyed, or in any way damaged, by any cause whatsoever in accordance with the activities contemplated under this Agreement. b. Damage to Others. Any claims, suits, judgments, costs, attorney's fees, loss, liability, damage or other relief, including but not limited to Workers' Compensation claims, to any person or property in any way resulting from or arising out of the existence of this Agreement and/or the existence, maintenance, use or location of the City Right -Of -Way. In the event of any action against the City, its officers, agents, servants, employees, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 9. Breach and Limitation on Damages. If any party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party shall have the right to seek such administrative, contractual or legal remedies as may be suitable for such violation or breach; provided, however, that in no event shall the City be liable to Permittees for monetary damages of any kind relating to or arising from any breach of this Agreement, and that no action of any kind shall be commenced by Permittees against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of Permittees related to or arising from this Agreement and the City is the prevailing party in such action, the City shall be entitled to recover from Permittees reasonable interest and attorney's fees. 10. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: To the City: Kara Boyles, City Engineer County -City Building, 227 W. Jefferson Blvd., 13th Floor, South Bend, IN 46601 12 To the Permitees: Wolfe House Movers of Indiana, LLC 117 W. State Road 114 North Manchester, IN 46962 Attn: Zachary Hirt Indiana Landmarks 1201 Central Avenue Indianapolis, Indiana 46202 Attn: Marsh Davis, President Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been given on the third business day following mailing. Notices personally delivered shall be deemed to have been given upon delivery. 11. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. 12. No Personal Liability. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 13. Joint and Collective Work Product. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Permittees, and as such, this Agreement shall not be construed against any other party as the otherwise purported drafter of the same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 14. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason, the remainder of this Agreement shall remain in full force and effect. 15. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Indiana. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the courts of applicable jurisdiction within St. Joseph County, Indiana. 16. References in Agreement. All references in this Agreement to the singular shall include the plural where applicable, and all reference to the masculine shall include the feminine and vice versa. If either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion that shall remain in full force and effect. 17. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 18. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 19. Binding Agreement on Parties. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. 20. Assignment. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto. The License granted herein is personal to Permittees. Any attempt to assign this License will automatically terminate the license privileges granted to Permittees hereunder. 21. Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 22. Modification. This Agreement may be changed, modified or amended only by a duly authorized written instrument executed by the parties hereto. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in or writing herein or in a duly authorized and executed amendment hereof. (SIGNATURE PAGES TO FOLLOW) 0 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year first above written. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member 7 MORI Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 WOLFE HOUSE MOVERS OF INDIANA, LLC. Name: Its: HISTORIC LANDMARKS FOUNDATION OF INDIANA, INC. d/b/a INDIANA LANDMARKS LOW Name: Its: Ll _ -Or. — m v rre 5t x1. W Navarre St Ww.1 NAva Navarre St.. lu- F. 'T "i �', rrl soot a 'Me th-a`I g � -Foundatio W Navarre St lk 1 1 tr �� 4 �� k sr �Unity_Tax Service - •n - • I•f � � - , � : Jr- - _ AL an s:Place i m ni d E ,� = Pr �. oriag '� Mari 5t - 5 �i wwr • i'�eaoers "{�YII Mgt p err. JOSEPH COUNTY CITY OF SOUTH BEND BUILDING DEPARTMENT CITY MOVING PERMIT APPLICATION Prior to applying for a Moving Permit, both a Demolition and Foundation Permit must be obtained: a. Demolition Permit for any building(s) or structure(s) to be demolished at the property where building(s) or structure(s) will be moved from: https://southbendin.gov/department/building/building-permits/ b. Demolition Permit for any building(s) or structure(s) to be demolished at the property where building(s) or structure(s) will be moved to: httPs:Hsouthbendin.gov/department/building/building-permits/ c. Foundation Permit for property that the building(s) or structures) will be moved to (Complete our New House/Accessory Structure Application(s) and provide all required documents. However, the fee will be a $40 flat rate for foundation only, per building, and the contractor listed will be that who is doing the foundation work.): https://southbend i n. gov/w p-content/uploads/2019/02/newhome20192-1. p df CITY PROPERTY MOVING PERMIT REQUIREMENTS: 1. Complete Moving Permit Application 2. Moving Contractor must provide a Certificate of Insurance naming the City of South Bend as co-insured, showing: a. Property damage coverage in the amount of one million dollars ($1,000,000.00) b. Liability coverage in the amount of five million dollars ($5,000,000.00) 3. Provide affidavits from such applicable companies with facilities along the proposed route, certifying that the applicant has deposited with such company or agency satisfactory surety to cover the cost of any damage or changes in facilities resulting from the moving of the structure over the proposed route: a. All public utility companies b. Railroads c. Service companies d. Cable television companies 4. Provide approval documentation from the following departments: a. Bureau of Traffic and Lighting b. Police Department c. Park Department d. Engineering Department e. State Highway Department (if route includes any state highway) 5. All information shall immediately be forwarded to the Board of Public Works Once all items and application have been completed and submitted to the Building Department, the Building Department will provide a letter to the Board of Public Works, along with a copy of all related documents, requesting application and all related documents to be reviewed at the next Board of Public Works meeting ? After the Board of Public Works meeting, they will respond to our request, letter, application, and related documents with a stamp of approval, which will then allow the Building Department to issue this moving permit In the event that the Department denies the moving permit, the applicant shall have the right to request a hearing to review such denial 6. City of South Bend Code of Ordinances (Sec. 6-6.3: Moving permit.): https://Iibrary.municode.com/in/south bend/codes/code of ordinances?nodeld=SUHITA CH6BU ART2BURUPR S6-6.3MOPE 7. Permit fee a. Anyone or two story building: $125 b. Any building greater than two stories in height: $175 EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 p 574.235.9554 f 574.235.5541 1 www.southbendin.gov CITY MOVING PERMIT APPLICATION ST. JOSEPH COUNTY CITY OF SOUTH BEND BUILDING DEPARTMENT PAYMENT: CHECK # CARD ❑ CASH ❑ APPLICANT INFORMATION DATE: 3125/24 APPLICANT: ZackaryHI t PHONE: 260-982-0302 ADDRESS: 117 W State Rd 114 ORG/BUSINESS: Wolfe House Movers of IN, LLC EMAIL: zack@Wolfehousemovers.com North Manchester IN 46962 Address City State Zip PROPERTY OWNER: Indiana Landmarks PHONE: 574-286-5766 ADDRESS: 801 W. Washington EMAIL: tzeiger@indianalandmarks.com South Bend IN 46601 Address City State Zip PROJECT INFORMATION STRUCTURE BEING MOVED FROM: 211 W. Marion Street, South Bend, IN TO: 402 W Navarre St. South Bend IN # OF STORIES OF STRUCTURE: 2 DIMENSIONS OF STRUCTURE WHEN MOUNTED (please note dimensions of ALL structures separately): LENGTH: 60' WIDTH: 40' HEIGHT: 37' WEIGHT- 200tons AXLE SPACING: (see attached dolly layouts) PROPOSED ROUTE: FROM: FROM: FROM: FROM: W Marion Street Portage Ave DATE OF MOVE: 6I20/24 MOVING CONTRACTOR: Wolfe House Moversof IN, LLC TO: Portage Ave TO: The southeast lot located at the intersection of Portage Ave and W Navarre Street TO: TO: ALTERNATE DATE OF MOVE: *Must provide Certificate of Insurance showing requirements as listed in the City or County Code or Ordinances *Application can be emailed to us at building@southbendin.gov or provided to the address below for review. *Application must be signed below. *1 certify the above to be a true and accurate to the best of my knowledge. �pQ��.,��' 3/25/24 �PLICANT SIGNATURE DATE zaQCZ.ry Welfe 11/e .�C PRINT NAME n✓e e ORG/BUSINESS OR OWNNR / ZOA .E EMAIL - EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 p 574.235.9554 f 574.235.55411 www.southbendin.gov 227 W. IEFFERsoN BOULEVARD SURE 1316 COUNTY -CRY BUILDING SOUTH BEND, INDIANA 46601 CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS PHONE 574/235-9251 FAX 574/235-9171 TDD 574/235-5567 SPECIAL TRUCKING PERMIT *FAX OR MAIL FORM 3 WORKING DAYS (EXCLUDES WEEKENDS) BEFORE REQUIRED 48 HR PUBLIC NOTICE **48 HR PUBLIC NOTICE ANNOUNCED UPON APPROVED FORM ***THIS APPLICATION EXPIRES 30 DAYS FROM SUBMISSION DATE QOversize 0 Overweight ❑ Hazardous Material ❑Superload Submission Date: 3/25/24 ApplicantName: Zackary Hirt Phone#:260-982-0302 Faxs:260-982-7410 Email: rack@worehousennovers.00nn Application M Route: From: 211 W Marion St, South Bend, IN To: souiheasllot logletlalthe intersection otPatlagaAvaand WNava" 5l Travel Date: 6/20/24 ❑Single Lane Occupancy Multi -Lane Occupancy Time(s): From: Sam To: 10am Contact` Zackary Hirt Phones 260-982-0302 Load Description: House on hydraulic dollies. Length:60' FT IN Width: 40' FT IN Height: 37' FT IN Vehicle Description: Weight (Gross:) 200 too Max Weight (Single Axle): 25.000 Ibs Number of Axles: t3 Axle Spacing: Rear Steerable Axle: QYes ❑No Vehicle Type: ❑ Tractor -Trailer ❑ Truck -Trailer ❑ Truck 0 Other/rowed Has the route been driven previously? If so, provide the date. Yes El No Will the load be delivered within the City? If so, consult Ordinance Section 21-07.05. for regulations. X Yes ❑ No Attach the following: ❑ Route Map 0 Axle configuration for vehicles over 5 axles ror L-ounty route F OFFICE USE ONLY: ❑ Approved Comments: contact: 5/4-Zj5-VbZb ❑ Approved as Noted Engineering Division Authorized Signature: IND01 route permit contact: 219-325-7523 ❑ Revise ❑ Revise as Noted Date: Oversize/Overweight/Hazardous permits requires a non-refundable payment of $35 made payable to the City of South Bend Superload permits requires a non-refundable payment of $50 made payable to the City of South Bend Payment Method: ❑ CreditCard ❑ Check ❑ Cash Vemon2.0[1/31/2022i 227 W. JEFEERsoN BOULEVARD Sun 1316CouNTY-Cm BUnmrvG SOUTH BEND, INDIAm46601 CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS PHONE 574/235-9251 FAX 574/235-9171 TDD 574/235-5567 SPECIAL TRUCKING PERMIT REFERENCE GUIDE Definitions Hazardous Material is any item or agent (biological, chemical, radiological and/or physical), which has the potential to cause harm to humans, animals or the environment, either by itself or through interaction with other factors. Oversize Vehicle is any vehicle that exceeds: a. Thirteen (13) feet six (6) inches in height, or b. Eight (8) feet six (6) inches in width, or c. Forty (40) feet in length for a single vehicle, or d. Sixty (60) feet in length for a two -vehicle combination, or e. Sixty-eight (68) feet for a truck -trailer or truck -wagon combination. Overweiyht Vehicle is any vehicle that exceeds: a. Eighty thousand (80,000) pounds gross vehicle weight, or b. Twelve thousand (12,000) pounds on the steering axle, or c. Twenty thousand (20,000) pounds on a single axle, or d. Thirty-four thousand (34,000) pounds on a tandem axle, or e. Eight hundred (800) pounds per inch of rim width and subject to the axle weights above. SuOerload Vehicle is any vehicle that exceeds: a. Fifteen (15) feet in height, or b. Sixteen (16) feet in width, or c. One hundred ten (110) feet in length, or d. One hundred twenty thousand (120,000) pounds gross vehicle weight. Version 2.0 [1/31/20221 LW�OLLFL HOUSE & BUILDING MOVERS Wolfe House Movers of Indiana, LLC 117 W. SR 114, North Manchester, IN 46962 office: (260) 982-0302 zack@wolfehousemovers.com Approximate Steel & Cribbing Layout Sheet Number: )rawnby: Zack Hirt Date: 3/25/24 I PENNSYLVANIA INDIANA 4D /� LOALIF—)E (610) 488-1020 (260) 982-0302 STRUCTURAL LIFTING &RELOCATION HOUSE & BUILDING MOVERS Name: Indiana Landmarks Address: 211 Marion St, South Bend. IN 46601 Scale: 1 box = 2' W6x25 0 W8x35 0 W 10x54 0 W 12x79 ®4'square oak crib pile L � 40' ---------------- 20 --------------- ------------------- 15'8" 15'8" 15,8» 60' Approximate Steel & Cribbing Layout drawn by Zackary Hirt 3/25/24 This Drawinn is the nronerty of Wnlfe 1 louse Movers, LLC and may not be copied or reproduced without the express written conser 1. All lifts will be performed with a Unified Hydraulic Jacking System. 2. The estimated weight of the building is 200 ton. 3. There shall be NO EXCAVATIN elow the bottom of the crib pile! t of Wnlfe 14mme Mnvera. TIC_ dart tt St z 4 4 4e,Kktchente Terrace f onal Hos• z " Er' �. 1 . „ Beac© ns HC" Pp z 1 CZ' } .. .At 1N' .. y-�x.. }� 'k r N - ., t � •. • � P^r I v re � V . rya �� � � �,, Memorial Enier• e c Gare GerUte� `" � B i ` 9� Y • rJ � of _� � cn .•,�, ti: ,q aaWWtt PppP,,���� yy�� Cii7Ste, ,,,jC5 tnCJIO V F n � Y r A _ W Mariro St ar{ori _ }i/U �. QCl St y,\�xs rit, St colnwa,y�Min M ` i-Mart � ""'"' s 1 i O .ffp. Gen�'s,Camera Store r'.` � �� .� A � 1• �. • „ v 4 3 e e Y i Caunty9,W Sf•J a ti .s ,I r .. tr sx, s e or�i�' • �a�ter:� ���' � " February 26, 2024 Permit: #64 Attn: Todd Zeiger Indiana Landmarks Northern Regional Office 801 W Washington St South Bend, IN 46601 Department of Public Parks of South Bend Indiana Permission is hereby granted to remove (2) Sweetgum Trees, (1) Ginkgo Tree, (2) Linden Trees, (2) Siberian Elm Trees, and (1) Sugar Maple Tree in the tree lawn on the property at: 402 W Navarre St, 316 W Marion St, 306 W Navarre St, 502 N Lafayette Blvd and 211 NN' Marion St. Department of Public Parks Brent Thompson Brent Thompson, City Forester Sm. 19-19. Removal of hazardous trees by property owner; order, notice, emergency, removal. (a) Every owner of real estate within the City shall remove or trim any tree or shrub or any part thereof located on such real estate or in the tree and lawn area in front of such real estate which may be dead, diseased, unsightly, in a condition which is injurious or detrimental to the public health and safety or the growth of adjacent trees or which may project over the public street on which such real estate abuts in such manner as to obstruct the free passage of pedestrians and vehicular traffic on such public streets. (b) The Board of Park Commissioners shall have the power and the authority to order and requite such owner to remove any such tree or shrub by first causing notice to be served on such owner in the manner provided in section 19-21 not less than ten (10) days poor to the time designated in such notice for the removal or trimming of such tree or shrub. (c) In case of an immediate necessity for any such removal or trimming by reason of storm or other emergency, such removal or trimming may be done by the Board of Park Commissioners of its Superintendent of Parks, and no notice whatever need be given thereof. Sec. 19-15, The Board of Park Commissioners shall have the right, power and authority to: (1) Require the owners of parcels of land bordering on any public street of the City to grade; sod, plant, and maintain in proper condition the tree lawn area and the street centers in front of the parcels of land. (2) Require such owners to plant and maintain shade or ornamental trees in such areas. Any obstruction of the right-of-way for tree maintenance work of two hours or more or are closing a travel lane and obstructing traffic would need a traffic control and occupancy request permit from the Engineering office rowoermi tsoftice(u,southbendin.eov. If travel lane needs to be blocked for any amount of time, a permit would be required with a traffic control sketch showing how they plan to divert traffic safely. j W Navarre St W Navarre St T- Umb up and Deadwood Nav rre St 77 C 13 Eurton§ I, Unify-Tax,S rvia X ra 4-ft 23 MIR "IM MOP "T T Brenpar�, -pre n N PC,La Alle MR 14 5. Q A & From: Zackary Hirt To: Todd Zeiaer Cc: Scott Kreeaer; Ross Van Overberahe; Kimberly Widawski; Kara Boyles; Andrew Heck Subject: Re: Trees, signage/signal and traffic plans for relocation of 211 W. Marion Street to 402 W. Navarre Street Date: Friday, April 5, 2024 2:12:07 PM Scott, Per our conversation today, in regards to making the turn onto Williams St, I am fairly confident that we should be able to make the turn just fine without any problems. However, in the event that we could not quite make the turn without going up onto the curbs (on either side) we would then use our wood shims to create a ramp up to the curbs with which we could guide our dollies gently up onto the curb. We would also have either heavy duty rubber mats or steel plating covering the curbs themselves which should be adequate to negate any damage to the curbs. Sincerely, Zackary Hirt Wolfe House Movers of Indiana 117 W State Rd 114, North Manchester, IN 46962 O: (260) 982-0302 C: (484) 926-1820 zacknwolfehousemovers .com www.wolfehousemovers.com On Fri, Apr 5, 2024 at 1:58 PM Todd Zeiger <TZeiger&indianal andmarks.org> wrote: Hello, Scott per your questions below — find answers and additional information in blue and attached as noted: I understand there has been some conversation with Brent about tree trimming along the attached route. Can you provide me with any additional information (drawings, correspondence, etc.) about the current plan to address the trees? Attached is approval for tree removal from Brent Thompson. Given the loading information and width, we anticipate fewer trees will need to be rremoved — see map with those to be removed marked by a box w/"R". However, the approval allows for additional removals before the move day if it's determined to be required. We have talked to all the neighbors who have impacted trees, and they are OK with our proposed work. 2. How does Wolfe plan to address signage, traffic signals, and the right turn onto Williams St? Marion St has a road width of 41' and Williams is at 40'. I understand the wheels have a 20' width separation with the house overhanging on both side, which means a temporary closure of both roadways will be necessary. Indiana Landmarks is contracting with JBL (upon discussion with Coby in Traffic and Lighting who provided us a list of approved contractors) Attached is their proposal. Any miscellaneous street signs, stop signs etc will be temporarily removed as needed the day of the move and reinstalled prior to traffic being reopened. Traffic signals at Marion and William will be removed the morning of the move once State Barricade has set up the maintenance of traffic signage. They will be installed immediately after the house moves through the intersection. 3. Can you provide a detailed map showing the maintenance of traffic? Attached are two proposed traffic maintenance proposals for your consideration. Please let us know if one or both are acceptable. This plan would begin at 7:00 a.m. (to allow for the traffic signal swings at Portage and Marion in time for the move) and end by 2:00 p.m. or earlier, depending on Wolfe and JBL's activities being completed. We have talked to The Portage School of Excellence on Marion to coordinate the move timeframe and their drop off / pick ups the day of the move. We will also contact Frank's place and the adjacent package store and office concerning minimizing disruption to their establishment. We expect the house to be well onto the new lot by 11:00 a.m. with only the traffic signal reinstall after 10:00 a.m. so disruption to their lunch service should be minimal. The proposed traffic maintenance plan should minimize disruption for the Burton's laundry as access will still be available via Leland and W. Navarre (west of Portage). 4. What additional equipment will assist with the move? Will there be a bucket truck, police escort, etc.? State barricade is providing flaggers. The route is closed as noted on the maintenance of traffic plan. Messages left for the South Bend Police department. Our understanding is that they are not allowed to assist with the move. I am working on other details as requested as part of the move application. Comcast, ATT and AEP are all on board and standing by. Utility disconnects at the existing site are underway. Permits will be pulled for the foundation by Universal Services. Please reach out with questions. We appreciate your time and assistance. Todd Todd Zeiger Director, Northern Regional Office Indiana Landmarks Northern Regional Office 801 W. Washington South Bend, Indiana 46601 Ph. 574-232-4534 x 4, 800-450-4534 Cell 574-286-5765 indianalandmarks. org Indiana Landmarks revitalizes communities, strengthens connections to our diverse heritage, and saves meaningful places. Become a member I Subscribe to our e-letter I Find us on Facebook I Follow us on Twitter BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/1/2024 Department Public Name Scott Kree2er BPW Date 5/14/2024 Phone Extension 9245 Required Prior to Submittal to Board BPW Attorney ® Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Mikey Low Check the Appropriate Item Type — Required. for All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ® Other: ROW Occupancy and ❑ Ease./Encroach Encroachment Agreement Information Company or Vendor Name Wolfe House Movers of Indiana LLC. And Indiana Historic Landmarks ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ❑ No ❑ MBE/WBE Contractor Completed E-Verify Form Attached ❑ Nos ❑ WBE Project Name N/A Project Number N/A Funding Source N/A Account No. N/A Amount N/A Terms of Contract Purpose/Description _ 211 Marion St House Move Right -of -Way OccLipancy and Encroachment Agreement For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease