HomeMy Public PortalAbout05-05-1950 432
OFFICE OF THE BOARD OF PUBLIC WORKS
AND SAFETY, RICHMOND, INDIANA,
MAY 5, 1950.
The Borad of Public Works and Safety of the City of Richmond,
Indiana, met in regular session in its office in the City Hall in
said City, Friday, May.5th, 1950, at 8:00 o' clock A.M. (CST) , I/
Mr. H.G. Coleman presiding with the following members being pres-
ent: Mr. Clifford M. Haworth. Mr. W.E. Ross being absent. The
following proceedings were had, -to-wit:
On motion made, seconded and carried, the minutes of the previous
meeting were dispensed with.
The Board approved the request of the Willoughby Chevrolet Comp.
of cutting the curb at 1133 East Main Street.
The complaints from Council regarding the streets leading to
Newmanas Hill were dicussed. The Street Comm. reported that he
had these streets repaired recently.
The petition signed by residents in the vicinity of North 21st
Street and Maple drive requesting the City to discontinue the
dumping of trash was referred to the Street Commissioner and the
Sanitary Inspector to investigate.
Permission was given for Robert A. Robbins, 416 S.W. 2nd Street
to top a large maple tree in front of said Address.
The Board granted permission to Emmett Dickey, 520 South 13th
Street to use a lot near South 13th & H Street for a garden to
keep the weeds down.
Pursuant to advertisement in the Richmond Pallidium,t newspaper,
the Board met at the hour of 8:00 o' clock A.M. (CST) to receive
and open sealed proposals for two new Police cars,
The Clerk presented the proofs of publication and they were ordered
filed. The Affidavits of the Appraisors for the appraisel of the
following Police cars were also presented:
One (1) 1946 Chevrolet $350.00
One (1) 1945 Ford L00.00
The following proposals were opened:
WALLAR MOTORS, INC.
1-1950 Ford Deluxe Tudor Sedan, equipped with V8-100 HP
motor, seat covers, front and rear door panel and rear
quarter covers, hot water heater, spare tire, tube and
wheell
Delivered price of this unit less Federal tax $1541.00
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Less Federal Tax 1.00
. 1 7.00
Less allowance for 1946 Chevrolet 4 door Sedan 4 .00
Cash Difference. . 992.00
Enclosed certified chech in the amount of $100.00
WILLOUGHBY CHEVROLET CO.
One (1) 1950 Chevrolet (New) Fleetline ' Special. Two Door
Sedan including Spare Wheel, Tire &- Tube. . 1449.75
Leather trim on doors and rea quarter panels 25.00
Heater and defroster, installed' • 38. 75
Seat Covers, installed 24. 0
1538.00
Less Federal Excise Tax 1.O0
1 7.00
Less Alidwance for 194.8-Ford 2 door Sedan 400.00
Cash Difference 10 7.00
Enclosed certified check in the amount of $100.00.
All of the above proposals were referred to tIxe Police Department
and the Board for study and recommendations.
The Board of Works and the C & 0 Railway Company signed the follow-
ing agreement: . . . .
THIS AGREEMENT made and executed in triplicate this 3d day of
May, 1950, by and between the City of Richmond, a municipal corpora-
tion' of the- State of Indiana, hereinafter referred to as "City" ,
Wayne County, Indiana, hereinafter referred to as "County" , and The
Chesapeake and Ohio Railway Company, a railroad corporation, herein-
after referred to as "Railway", WITNESSETH:
That, Whereas, under the provisions of Sections 4.8-3801 to 4.8- .
3810 of Burns Indiana Statutes Annotated 1933, as amended by Chapter
4.1 of the Acts of 1939, Section 55-1810, Supplement of 1947, Burns
Revised Statutes of 1933, a grade separation project, hereinafter re-
ferred to as "Project" , is- to be constructed to eliminate the grade
crossing of Railway' s- railroad at North "D" and North Third Streets
of City, and
Whereas, City and Railway- desire- to. enter. into an agreement
covering Project, as provided for in Section 48-3809 of the afore-
said statutes, as amended, and to set forth their mutual and- com-
mon understandings with respect to Project, as evidenced by these
presents, and -
Whereas, by reason of its interest in the structures herein-
above and hereinafter referred to, County desires to join in said
agreement, in so far as it lawfully may:
465
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Section 1. Project shall be' constructed to conform sub-
- stantially with plans and specifications therefor filed with
City' s Board of Public Works and Safety by City and Railway in
response to a resolution adopted by said Board on May 20, 1949,
I/ in accordance with aforesaid statutes, as amended, which plans and
specifications are made a part hereof by reference effectively the
same as though they were physically herein incorporated. Project
is inclusive of Section III of plans (dated July 15,. 1949) and
specifications prepared by Pierce and Gruber, Structural Engin-
eers,- Indianapolis, Indiana. Project is not inclusive of Sections
I and II of said plans and specifications prepared by said Con-
sulting Engineers, Section II consisting of a proposed bridge over
Whitewater River, and Section I consisting of other proposed works
east of and on the same side of river as Project and west of and
on the opposite side of river from Project.
Section 2. As indicated in red on print of drawing 18916-D,
dated September 1, 1949, last revised February 9, 1950, print of
which is attached hereto and made a part hereof, to the west
Project begins over, but does not include Pier 7 of aforesaid
bridge at station 26 plus 08. 7 and extends easterly therefrom to
station 31 plus 00,52 in North "Du Street; and, to the southwest,
begins at or near North "C" Street where the railroad grade change
starts, and extends northeasterly therefrom to the far end -of pro-
posed railroad grade change at or near where the Pennsylvania rail-
road crosses overhead. Project includes all things necessary for
its construction substantially to said plans and specifications
'filed with said Board as aforesaid.
Section _3. The cost of Project including, but not limited to,
expense of right of way, property damage, materials, construction,
relocations, inspections, engineering, and attorney' s fees, shall
be apportioned, divided among, and borne by the parties hereto in
accordance with said statutes, as amended, as follows:
City, 40 percent of total cost
County, 40 percent of total cost
Railway, 20 percent of total cost
Section 4. The clearances to be provided over and to the
sides of Railway' s tracks by the over-railroad portion of Project,
including supports therefor, shall be not less than those shown
in Section A-A on print of drawing hereto attached.
Section 5, City shall acquire or cause to be acquired all
additional property and right of way necessary for Project and
shall grant or cause to be granted to Railway all such additional
easements over the property or right of way so acquired as may
be necessary for the track changes indicated on the print hereto
attached, which easements shall continue in force during such
period as the tracks of Railway herein referred to shall be main-
tained. City shall settle or cause to be settled all valid and
4600
just claims for property damage because of Project, procuring
releases completely relinquishing City, County and Railway
from any and all liability for past, present and future damages.
Section 6. In event there are any suits filed against
City, County or Railway alleging damage to property account of
Project, City, County or Railway shall have the right to inter-
vene and be represented by counsel in any and all of such suits
and, if any compromise of such suits is proposed or considered
in which it is determined that any amount is to be paid as damages
as a result of Project, the amount to be paid as damages, if any,
shall be mutually agreed upon by City, County and Railway.
Section 7. Railway shall relocate, extend and lower or
cause to be relocated, extended and lowered the railroad tracks
substantially in accordance with plans and specifications filed
by Railway with saidBoard as aforesaid, and do or cause to be
done all things reasonably necessary thereto, including, but
not limited to, the construction of the retaining wall for the
support of the interchange track, but not including the retain-
ing walls for the support of North Third Street and for the
support of that street' s connection with North Fourth Street,
nor the construction of the roadway to, provide access to the
property of Henry Holzapfel' s Sons, Inc. and The Harris Produce
Co. , Inc. , as shown in red on said print hereto attached (except
that portion of said roadway upon Railway' s track) . City shall
enact such further ordinance and take such further steps as
Railway may request to authorize Railway to make the aforesaid
changes and to maintain and use the said tracks as so changed.
This section shall not be construed to authorize or require any-
thing the doing or the causing to be done of which by Railway
would conflict with other provisions of this agreement.
Section 8. City shall construct or cause to be construct-
ed, and do or cause to be done, all things reasonably necessary
to construct Project substantially in accordance with plans and
specifications filed by City and Railway with said Board as afore-
said but not including the doing of things to be done or caused
to be done by Railway as set forth in Section 7 of this agreement.
Section, 9. After the first of each month during the pro-
gress of those parts of Project to be done or caused to be done
by Railway, it may present City and County each with a prelimi-
nary itemized statement, in amount approximating but not exceed-
ing, Railway' s expenditures andcharges during the previous month
on saidportions of Project, and City and County each shall re-
imburse Railway forty per cent of the amount of said. Statement
within the then current month.
Upon completion of those parts of Project done or caused
to have been done by Railway, and within thirty days after
Railway presents City and County each with a statement of the .
total cost thereof, City and County each shall reimburse Rail-
way forty per cent of the amount of said statement less the sum
of all previous payments by it to Railway on the preliminary
statements provided for in the next above paragraph.
67
After the first of each month during the progress of those
parts of Project to be done or caused to be done by City, it
may present Railway with a preliminary itemized statement, in
amount approximately but not exceeding, expenditures and charges
by City during the previous month on said parts of Project, and
Railway shall reimburse it twenty per cent of the amount of said
I/ statement within the then current month.
Upon the completion of those parts of Project done or caused
to have been done by Cl , and within thirty days after it has
presented Railway with statement of the total cost thereof,
Railway, provided there remains no unpaid balance due from City
under the provisions of the first two paragraphs of this Section 9,
shall reimburse City twenty per cent of said statement less the sum
of all previous payments by Railway to City on the preliminary
statements provided for in the next above paragraph.
Section 10. City shall invite and receive bids for that por-
tion of Project covered by Section 8 hereof, and, in doing so,
shall reserve the right to reject any and/or all of said bids.
City shall have the right to let contract for said portion
of Project to the "lowest and/or best bidder".
Subject to the foregoing, before accepting any bid and be-
fore letting any contract for the construction of said portion
of Project, City shall consult with County and Railway as to
results of bidding.
Section 11. In addition to any other kinds of insurance and
bonds the contractor for the construction of said Project as cover-
ed by plans and specifications filed with said Board by City, as
aforesaid, shall be required to carry, under the terms and condi-
tions of his contract with City, he shall be required to furnish
evidence satisfactory to the parties hereto that:
a. With respect to the operations he performs he carries
regular Contractors' Public Liability Insurance providing for a
limit of not less than $50,000 for all damages arising out of
bodily injuries to or death of one person, and, subject to that
limit for each person, a total limit of not less than $200,000
for all injuries arising out of bodily injuries to or death of
two or more persons in any one accident, and regular Contractors '
Property Damage Liability Insurance providing for a limit of not
less than 50,000 for all damages arising out of injury or destruc-
tion of property in any one accident, and, subject to that limi-
tation for each accident, a total (or aggregate) limit of not
less than $200,000 for all damages arising out of injury to or
destruction of property during the policy period. If any part
of the Project is sublet, the contractor shall likewise be re-
quired to furnish evidence satisfactory to the parties hereto
that similar insurance has been provided by or in behalf of the sub-
contractors to cover their operations.
b. With respect to operations performed for him by subcon-
tractors, he carries in his own behalf regular Contractors'
Protective Public Liability Insurance providing for a limit of
468
not less than $50,000 for all damages arising out of bodily in-
juries to or death of one person, and, subject to that limit
for each person, a total limit of not less than $200,000 for all
damages arising out of bodily injuries to or death of two or
more persons in any one accident; and regular Contractors' Pro-
tective Property Damage Liability Insurance providing for a limit
of not less than $50,000 for all damages arising out of injury
to or destruction of property in any one accident, and, subjectI/
to that limit for each accident a total ( or aggregate) limit of
not less than $200,000 for all damages arising out of injury to
or destruction of property during the policy period.
Under the terms of his contract with City, said con-
tractor for the construction of said parts of Project shall be re-
quired to secure, prior to the starting of the work and the taking
effect of said contract in other respects, a policy of Railroad
Protective Public Liability and Property Damage Insurance in the name
and behalf, and to the satisfaction of Railway to whom the original
of said policy shall be delivered. Attached to said Policy shall
be an effective endorsement reading as follows:
"In consideration of the premium provided for and not-
withstanding anything to the contrary contained in the policy and
endorsements to which this endorsement is attached, it is hereby
understood and agreed:
a. That this policy and endorsements thereto are hereby
extended to cover all loss from the liability imposed upon the in-
sured by law, for damages, for bodily injuries (including death at
any time resulting therefrom) .suffered or alleged to have been suffer-
ed during the term of this policy, by any person- or persons (includ-
ing employees of the insured) , and any injury to or destruction of
property (including property owned, leased, occupied, or used by,
or in the care, custody, or control of the assured or any of its em-
ployees) , resulting from or in any manner growing out of the operations,
acts, or omissions of any contractor or sub-contractor, its agents
or employees, by reason of the prosecution of the work described
in this policy.
b. That the Company will defend in the name of and on
behalf of the assured any such claim for damage against assured,
whether groundless or not.
c. That this policy and the endorsement thereto do not
cover the assured' s liability resulting from its sole negligence.
d. That, as used in this endorsement, the word "Con-
tractor" means the contractor named in the contract covering
the construction of the project referred to in this policy; the
word "subcontractor" means the subcontractors of the aforesaid
contractor; and the word. "assured" means The Chesapeake and
Ohio Railway Company.
e. Personal injury liability limits: $50,000/ S200,000.
469
f. Property damage liability limits: $50,000/ $200,000.
g. Premium to be paid by contractor, with release to assured
from obligations for all premium payments imposed upon assured. "
Section 12. The contract between City and the contractor for
I/ the construction of those parts of Project covered by plans and
specifications filed with said Board by City, as aforesaid, shall
provide further that:
a. The services of flagmen and other protective services in-
cident to the protection of railroad traffic and facilities occasion-
ed by the contractor' s operationsshall be at the sole expense of the
contractor. The service will be furnished by the Railway and con-
tractor will be required to reimburse Railway directly for the
flagging and other services required. In order that Railway may
be prepared to furnish protective services, the contractor shall notify
. Railway' s General Superintendent at least twenty-four hours in ad-
vance when. it is necessary or desirable to perform work over or r-
by the tracks, such as (illustrative, but not in limitation) exc V tfligi
constructing the foundations of the retaining walls and first pier
each of the railroad and placing the structural steel over the rail-
road.
When the service is desired for part of a day, a full day
must be paid for. To the wage rates will be added 3 for Compensa-
tion Insurance, 6% for Railroad Retirement Tax, 1/2 f or Railroad
Unemployment Tax, and a charge of 3% for Vacation Allowance. To the
above rates will also be added any general wage increases that are
allowed during the life of the contract, and to the above percent-
ages for taxes any increases in the tax-rate percentages during the
life of the contract. Final settlement with the contractor will be
contingent upon a showing that the Railway has been reimbursed for
all the necessary flagging and other protective services required
by the contractor' s operations.
b. Excavations for the foundations of the retaining walls and
for the first pier east of the railroad shall be heavily sheeted,
shored and braced so as to safely and securely support the railroad
traffic and tracks. During the construction period, clearance zones
extending horizontally not less than seven feet from the center line
of tracks, on both sides thereof and for a height of not less than
twenty-one feet above the top of rail must be kept clear for rail-
road traffic at all times.
II/ Before starting work, the contractor shall submit to Railway' s
Chief- Engineer sheeting and shoring plans for the excavations for
the retaining walls and for first pier east of the railroad and
plans of forming and falsework for said retaining walls and east
pier and for the overhead span which crosses over the railroad, and
his approval thereof obtained.
c. The contractor shall indemnify and save harmless Railway
from and against all losses and all claims, demands, payments, suits,
actions, recoveries and judgments of every nature and description
made, brought or recovered against the Railway, by reason of any act
or omission of the contractor, his agents or employees, in the execu-
tion of the work covered by the contract between him and City, or in
4'0
guarding the same.
Section 13. After completion of Project, City shall main-
tain those portions of Project to be constructed or caused to be
constructed by City and as respecting Project, Railway shall
maintain its own tracks and facilities.
IN WITNESS WHEREOF, the parties hereto have executed
these presents, affixing their hands and seals the day and yearI/
first above written.
CITY OF RICHMOND, INDIANA,
By /s/ Harold G. Coleman
/s/ Wm. Edwin Ross
/s/ Clifford M. Haworth
Its Board of Public Works
and Safety.
WAYNE COUNTY, INDIANA,
By
/s/ Frank Starr
/s/ Irvin Meyer
/s/ Park Ammerman
Its Board of Commissioners.
THE CHESAPEAKE AND OHIO RAILWAY
COMPANY,
(SEAL)
By /s/ C. J. Geyer
Vice President - Construction
and Maintenance
Approved as to Form
/s/ (S.H. )
General Attorney
C. &O.Ry.Co.
ATTEST:
/s/ L. W. Wing
Assistant Secretary
The Board allowed claims in the amount of $18,387.96.
There being no further business presented, on motion duly
made, seconded, and carried unanimously, the meeting adjourned.
Chairman -
10110
Attest: 4r/t ue._MM:. '
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