RM 10-18-74 - Laserfiche WebLink

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5. OLD BUSINESS (Cont'd As the Commissioners did not write the specifications and the question raised as to who is at fault and whether it was the engineer who drew up the plan, Mr. Oesterling said the firm who designed the mall was a joint venture, with Clyde E. Williams & Associates and Environmental Plan- ning & Design, from Pittsburgh, Pa. In designing the pools, one of the involved plans and concerns was Kim Lighting, Inc. Normally, in most cities, pools need chemical treating equip - ment which work. They knew South Bend had rusty water and it was suggested in the manual to use muratic acid. No water test was taken. Using muratic acid causes additional problems with the water being used in the pools, and Mr. Oesterling said that has to be remedied and was not anticipated in the design stage. Tests on the north end of South Bend and on the south end of South Bend would involve different situa- tions. Mr. Deering of The Hickey Company said they have the re- sponsibility for building the project in accordance with the plans and specifications and the responsibility of correct- ing any problems in the specifications. They have a mainte- nance agreement and they will stand behind the work and their guarantee. He requested the retainage be held at the 3% level, $83,350.01, which will more than cover the minor correctional problems on the pools. At the last Commission meeting, Mr. Kevin J. Butler, Commission Legal Counsel, advised that the Engineering Department was given the responsibility to determine the cause and to esta- blish the responsibility. Mr. Slabaugh established the 'cause, but the responsibility has not been determined. Mr. Butler said the engineering firm - -the joint venture - -also has a re- sponsibility for checking these problems during the project. His question directed to Mr. Oesterling as to whether The Hickey Company is responsible for the problem,.Mr. Oesterling said, "Certainly they are responsible for Pool "B ", which is in operation at the present time (located at the old post office building). On Pool "D ", it was his understanding in talking with Mr. Daryl Graf, there was a short in the motor. That is a mechanical problem and is covered by the warranty." Mr. Zackrocki said that every one of these items covered now is all a part of the maintenance period. No one has accepted the Mall since the 4th of July and prior to that. Mr. Oesterling said in trying to review the problems, the rest of the problems the last two weeks was apparently due to corrosion of the electrodes, and when they have to do this to clean the electrodes, it must be taken out of operation. Mr. Oesterling said prior to the last Commission meeting that he attended, he was not aware of all these problems. As to the responsibility with the problem caused by the hard water, Mr. Oesterling said the joint venture has fulfilled their contract in design, and the construction is The Hickey Company's. Water treatment is not in their contract. They - 10 -