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HomeMy WebLinkAbout1957-01-14 Board of Public Works Minutes January 14, 1957 The regular meeting of the Board opeded at 7 :30 P. M, Present were Ohm. Johnson, Messrs. Zanni, Donahue, Kilgore and Superintendent Putnam. Minutes of previous meeting read and approved as corrected. Temporarily adjourned to meet as Board of Survey at 8:00 P. M. Reconvened as Board of Public Works at 8:15 P. M. Public Hearing held at 8:15 P. M. on acceptance of Birch Meadow Drive Extension, from Oakland Road to John Carver Road. Present were the following interested Town Officials, who, when polled by Secretary Donahue, expressed their opinions on the propeaed layout as noted : William E. Burpee, 178 Wakefield Street, School Comm.-Y Philip R. White, 189 Summer Ave.,-School Comm.-Y R. G. Clinch, Planning Board-Y Wm. Sommers, Planning Board-Y Benj. M. Hartshorn, Jr., Planning Board-Y Edward W. Batten, Planning, Board-Y Public Hearing held at 8:30 P. M. on acceptance of Susan Drive under the Betterment Act. A discussion ensued as to the advisability of requiring bituminous concrete sidewalks on Susan Drive, which is a dead- end Street . The following abutting property owners were present, who, when polled twice by Secretary Donahue, regarding acceptance of street and sidewalks, and again for street only, expressed thair opinions as noted: Street without & S.W. S.W. Thelma E. McNally, 12 Susan Drive n.c. y Frederibk W. Booth, 18 Susan Drive n.c, y Shirley L. Booth, 18 Susan Drive n.c, y Leonard A. MbNelly, 12` Susan Drive n.c, y Todd D. Crocker, 31 Susan Drive n.c. , y Robert E. Duffy, 24 Susan Drivb y y John H. Crocker, 36 Susan Drive n.c, y Ann M. Murphy, 441 Franklin St, n.c, y Discussed letter from Town Counsel Carl H. Amon Jr., regarding abrogation of 1955 Chapter 90 West Street Construction Contract at , some length. Moved, seconded and unanimously voted that Kenneth R. Johnson, as Chairman of the Board of Public Works for the Towa of Reading, be and hereby is authorized to execute and deliver for and on behalf of the said Board of Public Works an agreement terminating and abrogating the contract between the Town of Reading and S. Rotondi & Sons Inc, dated November 15, 1955, said contract of termination to be in: substantially . the same form as the copy of a contract attached to and made a part of these minutes, and said Kenneth R. Johnson is further authorized to execute and deliver on behalf of the Board of Public Works and the Town of Reading a release of S. Rotondi & Sons of and from all obligatioh arising out of said contract between the Town of Reading and S. Rotondi ' & Sons dated November 15, 1955', said release to be in substantially the same form as the release attached to and made• a part of these minutes. The execution and delivery of said contract and release by Kenneth R. Johnson is conditioned on the fact that he receive in exchange therefor a release properly executed by S. Rotondi & Sons wherein the , Town of Reading is released from all obligations arising out of said con- tract dated November 15, 1955 and the execution of the agreement of ter- mination and abrogation properly executed by S. Rotondi & Sons. Then visited. the Board Albert J. Rotondo Arthur J. Rbtondi, Rudolph J. Rotondi and Romeo J. Rotondi{ co-partners doing busihess as S. Rotondi & Sons; end Town Counsel Carl H. Amon Jr. The Rotondi co- partneraas listed herein then voluntarily executed the several releases , 7 and agreements necessary for proper termination and abrogation of the con- tract dated November 15, 1955. Examined, and voted to authorize Superintendent to sign, the fol- lowing Registry of Deeds Plan: Lot containing 24,280 Square Fee6 of land, owned by Sturges Trust, situated on the Easterly side of Pine Ridge Road. Received letter from Flood Relief Board advising that tentative approval had been given to the claim of the Town of Reading in the amount of $17,595.02 for repairs to highway facilities damaged by flood storm of August 18, 1955. Letter noted. Received report from Superintendent regarding possible removal of Boston & Maine R. R. Freight Shed on High Street to a new location on land controlled by the Board of Public Works. Sentiment of the Board was that the Board is in favor of further investigation of proposal. Received letter from citizen requesting removal of snow from B & M R. R. passenger station platform by the Town of Reading. Letter referred to Board of Selectmen. Received letter from State Department of Public Works showing ten- tative allotments for 1957 Chapter 90 Construction and Maintenance pro- jects: PROJECT STATE TOWN COUNTY wee treat $15—,=.00 $77=.00 $T 5UGTOO Maintenance 1,500.00 1,500.00 1,500.00 Letter citing tentative allotment of funds noted by Board. Reviewed Board of Survey revised street plans of Sturges Trust development, hearings on which will be held January 21, 1957. Received letter from Board of Public Works of the Tmwn of Wakefield enclosing copy of article to be inverted by them in their annual Town Meeting Warrant regarding the appointment of members to a joint inciner- q ator study committee. Letter noted. Received letter of commendation from R. E. Hatfield, 19 Oak St., expressing his appreciation of .sidewalk snow plowing on several streets. Sidewalk snow plowing problems discussed. Superintendent instruc- ted ,to investigate cost of blower-type sidewalk snow-plows. Received report from Superintendent regarding current field survey problems,. Superintendent authorized to employ H. Kingman Abbott and Dana F. Perkins & Sons to assist Engineering Division in field surveys of Betterment streets. Moved, seconded and voted to advertize for bids on Fluoridation Equipment on January 17, 1957, bids. to be opened Jan. 28, 1957. Received letter of commendation from Board of Directors, First Church of Christ, Scientist, expressing appreciation for the manner in , which snow has been removed from abutting the Church edifice. Le tteh noted. Signed Certificate of Entry on land owned by Carl E. Englund for construction of Jacob Way. Considered letter to Capital Expenditures Planning Committee at some length. Certairl revisions .wera made,, and Chairman Johnson author- ized to sign revised letter in behalf of the Board. Board adjourned at 12:20 A. M. Respectfully. submitted : etar� CHA:RP 7 1/b/57 a A Q R E L M E N T THIS IS AN AORt:i USOr entered into this *-'�rfr"'t ¢ gay of January, 1957, by and between the TOWN OF READING, a municipality located is the County of Middlesex, Commonwealth of Massachusetts, acting by and through its Board of Public Works, (hereinafter called READING) , and ALBERT J. ROTONDI of Wakefield, Commonwealth of Massachusetts, ARTHUR J. ROTONDI and RUDOLPH J. ROTONDI both of Stoneham, Commonwealth of Massachusetts, and ROMED J. ROTONDI of Woburn, Commonwealth of Massachusetts, copartners doing buslueaa as S. ROT3NDI b SONS and having an usual place of business in Stoneham, County of Middlesex, Commonwealth of Massachusetts, (hereinafter called ROTONDI) . W ITNESSSTH: WHEREAS, READING and ROTONDI entered into a contract on November 15. 1955 for highway construction work on vest Street In the Town of Reading, said work to be performed in accordance with the terms of that contract, including the Standard Specifi - cations for Highways and Bridges adopted by the Commissioners of the Department of Public Works for the Commonwealth of Massa - chusetts under date of January 26, 1958; and WHsF,1&0, between November 15, 1955 and September 1, 1956 READING performed other w,rk on that part of nest Street in the Town of Reading which was to be reconstructed under the terms of the contract between READING and ROTONDI, such other work consisting of sewer and water installations; and 1. r WECR"S, during the performance of the aforesaid other work on crest Street by .iEADING, AMONDI was not able to reconstruct said highway in accordance with Said contract dated November 15, 1955; and YiFQi'iW, RMNDI on August 31, 1956 requested a termination and abrogation of the contract dated November 15, 1955, and the exchange of mutual releases between :t0?ONDI and UADINO in connection therewith; and 4%41NAS,. Uj%DINO and i*?ONDI are now desirous of terminating and abrogating said contract dated November 15, 1955 and to exchange mutual releases. NON MUFORE, in consideration of one dollar and other valuable considerations and the covenants herein contained, the parties hereto agree as follows :- 1. The contract dated November 15, 1955 between MiADINO and RO?ONDI is herewith terminated and abrogated, such termination and abrogation to be effective on the date of the execution of this agreement. 2. UADINb and RMNDI will exchange mutual releases on the date of the execution of this agreement, said releases to be in the form of the axhibItS hereto annexed and marked "A" and "B". IN WI?NSSS WNE6UW the parties hereto have executed 2. this agreement, in duplicate, the flay aW yeW M'st a00la written. TOM OF RMn OO RMACS0.Rr:.g�TSir�.. 'c C C r I MMIID OF P®L3M Y 816"d 1m } art / motonal 4r fttondl Om-partners, doing business as s. ROTMI a soar. r 1 _ 3. 1 R E L E A S E "A" IN CONSIDERATION of one dollar and other valuable consideration, the receipt whereof is hereby acknowledged, the TOWN OF READIWG, a municipality located in the County of Middlesex, Commonwealth of Masaachusetts, does hereby release and forever discharge ALBERT J. ROTONDI of Wakefield, Massachusetts, ARTHUR J. ROTONDI and RUDOLPH J. ROTONDI both of Stoneham, Massachusetts, and ROMEO J. ROTONDI of Woburn, Massachusetts, co-partnere doing business as S. ROTONDI 6 SONS with an usual place of business in Stoneham, County of Middlesex, Commonwealth of Massachusetts, and ALBERT J. ROTONDI of Wakefield, Massachusetts, ARTHUR J. ROTONDI and RUDOLPH J. HOTONDI both of Stoneham. Massachusetts, and ROMEO J. ROTONDI . � of Woburn, Massachusetts, Individually, of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, and any and all alai", demands and liabilities of whatever kind, nature and description, both in law and in equity, which against the aforesaid individuals, both individually and as co-partnere doing business as S. ROTONDI SONS, or their heirs successors and assigns, the TOWN OF READING now has or ever had from the beginning of the world to this date, and especially all debts, demands and liabilities arising out of the contract dated November 15, 1955, between said TOWN OF READING and said ALBERT J. ROTOEDI, ARTHUR J. ROTOADI, RUDOLPH J. ROTONDI, and ROMEO J. ROTOVDI, co-partners doing business as S. ROTOMDI . � t SONS. g The within release is voluntarily given by the 'TOWN OF MUDING, with full knowledge of the fact that it has no further claims of whatever kind, nature or description against any one or allofthe above-named individuals, either individually or as co-partners doing business as S. ROTORDI & SONS, and that this release is part of an agreement of termination and abrogation of the contract dated November 15, 1955 between said TOWN OF READING and said above-named individuals as co-partners doing business as � . S. ROTORDI & SONS. This release Is intended to include any oral or written contracts, agreements or cosmiitmente , of any kind, nature or description, heretofore me&e by said TOWN OF READING with any of said above-named individuals, either individually or an co-partners doing business as S. ROTONDI & SONS, including also, but not limited to, the contract dated November 15, 1955, between said TOWN OF MUDINO ` and said above-named Individuals as copartners doing business as S. ROTONDI & SONS, which contract is null and void and terminated Sn accordance with the agreement executed by said TOWN OF RSADIRG and said above-named individuals as so partners doing business as i S. RMADI & SONS of even date herewith. IN WITNESS WHEREOF said TOWN OF READING has caused this release to be signed and sealed this day of January, 1957, by Kenneth R. Johnson, Chairman of the Board of Public Works. TOWN OF RSADINO i I ;�ne n, >a smn �. of Nn c Works 2. CHAlRP 7 1/8/57' R 6 L E A R E mB n IN CONSIDERATION of one dollar and ether valuable consideration, the receipt whereof is herewith acknowledged, ALBERT J. ROTONDI of Wakefield, Commonwealth. of Massachusetts, ARTHUR J. ROTONDI and RUDOLPR J. ROTONDI both of Stoneham, Commonwealth of Massachusetts, and ROMEO J. ROTONDI of Woburn, Commonwealth of Massachusetts, co-partners doing business as S. ROTONDI k SONS and having an usual place of business in Stoneham, County of Middlesex, Commonwealth of Massachusetts, and ALBERT J. HOTONDI of Wakefield, Commonwealth of Massachusetts, ARVUIR J. ROTONDI and RUDOLPH J. ROTONDI both of Stoneham, Commonwealth of Mmasachusetts, and ROMEO J. ROTONDI of W)burn, Commonwealth of Massachusetts, individually, and Jointly and severally, do herewith release and forever discharge the TOWN OF READING, a municipality located in the County of Middlesex and Commonwealth of Massachusetts, and its officers , agents, and especially its BOARD OF PUBLIC WORKS, both individually and as a Board, of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, and any and all claims, demands and liabilities of whatever kind, nature and description, both in law and in equity, which against the aforesaid TOWN OF RNADING or its officers, agents, and Board of Public Works, we now have or ever had from the beginning of the world to this date, and especially all debts, demands and liabilities arising out of the contract dated November 15, 1955, between the said TOWN OF READING and ourselves for highway 1 . reconstruction work on West Street in said 'SOWN OF REAMING and the termination of said contract. The within release is voluntarily given by us with full knowledge of the fact that we have so farther claims of whatever kind, nature or description against said TOWN OF READING or its officers, agents, or Hoard of Public Works, and that this release is pa:t of an agreement of termination and abrogation of the contract dated November 15, 1955 between ourselves and said TOWN OF READING, This release is intended to include any oral or written contracts, agreements or commitments, of any kind, nature or description, heretofore mad* by us or any of us with the TOWN OT READING or any officer, agent, or Board of Public Works of said TOWN, Including also, but not limited to, the contract dated November 15, 1955, between the TOWN OF READIRG and ourselves, which contract is null and void and terminated in accordance with the agreement executed by ourselves and the TOWN OF READING of even date herewith. IN WITNESS WHEREOF we have hereunto set our hands and seals of January, 1957* both individually 2. and as co-partners in the partnership known as S. ROTONDI SOM3. Signed in presence of., Albert, F. o — I ui/ nom;; � RUQOlpn W. llatondl V1 !• Memo 0 on l Co-partners, doing business as S. ROTOVDI • SOMS. Signed in presence of; i ✓ c ----'77thur J. Obt*Wl u O J . . 6" 9 09 oms f�