11/10/1980 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING NOVEMBER 10. 1980 Mr. Ervin Derda, 2205 South Carlisle Street, felt the Board was being wise in delaying a decision on the matter until an inspection was made by them. He felt the Board should reach a point of resolu- tion which would be fair to the residents. He stated that O'Neal had backfilled onto some properties which were not included in the project and that those residents were informed that that was the responsibility of the property owner and the property owner must look to the contractor for resolution of that matter. He referred to a letter written to Mr. Hill by Councilman Dombrowski on November 5th concerning that subject. He felt the issue was broader than just filling in the holes and repairing the sidewalks and curbs. Mr. Hill stated that it was suggested in the letter that the city was spending additional money on the project because the contractor had not fulfilled his obligations under the contract. He stated that that was not correct and he had advised Councilman Dombrowski of that. Mr. McMahon stated that, normally on a project, there is an item included for sidewalk replacement; however, that clause was not included in O'Neal's contract and the city was obligated to pay the contractor for this work over and above the contract because it was not included in the contract. He felt the important question was whether or not the city went beyond that and paid for the repair of the damaged sidewalk, and he stated that that was not the case. He addressed Mr. Young and indicated that he did not know what changes had been proposed in the plans that had not come about as he had suggested. Mr. Derda advised Mr. Hill that he felt there may have been some misunderstanding between Councilman Dombrowski and the Engineering staff concerning the contingency for the payment of the sidewalks which were damaged. He stated that he was satisfied with Mr. McMahon's response. He felt the residents on Hillside had a problem in terms of the backfill being dumped on their properties and nothing being done to remedy that. He called to the Board's attention a problem which he felt may surface in time concerning the roadway which had been cut through the wooded area. He stated that the excavation was filled in with logs and branches and materials of that sort. He was concerned that, if there were problems with the road, they would not show up for perhaps four or five years. He advised that the pavement had been put in over loose soil and debris and that drainage on the road was already inadequate. Mr. McMahon stated that he had spoken with the inspector on the project for the city and had been advised that there was no debris under the pavement. Mr. Derda stated that he understood that the city was bound by law to award the lowest bid on public works improve- ment projects in the absence of poor performance shown on the part of the contractor previously. He felt the city should take this into consideration on future projects bid by O'Neal, and Mr. McMahon assured Mr. Derda that Mr. O'Neal would not be bidding on any more sewer construction projects. Mrs. June Wesszo, 1718 Phillipa Street, reminded the Board that the city did have an inspector working on the project but O'Neal many times worked late into the evening and the city's inspector went home at 4:30 p.m. Mr. Louis Wesszo of the same address felt that many of the residents have simply given up in trying to have these problems resolved. He stated that, prior to the project, the residents were proud of their neighborhood but, because of poor construction of the sewers, would be faced with problems in the future and some of the residents had given up on trying to have them resolved. Mr. McMahon stated that the Board would make a personal inspection of the area and would continue the public hearing to the November 17, 1980, meeting of the Board. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3502, 1980 (HARTMAN AND MILLER ADDITION) VACATION RESOLUTION NO. 3502, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: