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HomeMy Public PortalAbout01-28-1982 /? • BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, JANUARY 28, 1982 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met 2 in regular session January 28, 1982 at the hour of 9:00 a.m. in .the Municipal 3 Building in said City. Mr. Meredith presided with Mr: Cordell present. Mr. 4 Webb was ill. The following business was had, to-wit: 5 6 APPROVAL OF MINUTES OF JANUARY 21, 1982 111 7 8 Mr. Cordell moved to approve the minutes of the previous meeting as prepared, 9 seconded by Mr. Meredith and on unanimous voice vote the motion was carried. 10 11 REQUEST FOR BLANKET BLASTING APPROVAL - Barry Holden, .Peirce Construction 12 13 Mr. Barry Holden, Peirce Construction, requested -the Board consider a proposal 14 that approval be granted for blasting in the City of Richmond subject to ap- 15 proval of the Sanitary District and the Fire Marshall on a one time basis to 16 alleviate the weekly appearances at the Board. The Sanitary Board did not act 17 on this request due to a quorum not being .present. . There is presently a re- 18 quest before the Sanitary Board requesting blasting on South 5th and there are 19 other areas they have to remove -rock and will -probably request :to blast; how- 20 ever, they have no other specific requests now. Peirce will subcontract the • 21 blasting with Prater. - 22 23 The Board previously gave permission for a test-,blast and blasting on Garden 24 Avenue and Fire Chief .Paul Mullin. reported- his Department monitored the pro- 25 cedure all last week from -the magazine until they were finished. They met 26 all the codes and everything was--done professionally. 27 _ 28' Mr. Robert Hudson, Attorney, working for the Sanitary .District, called the 29 Board's attention to the way Mr. -Holden's- reques.t was worded as being subject 30 to the .approval of the Richmond Sanitary District. - The Board should,. if they 31 choose to approve the request of Mr. .Holden, be sure that no blasting in any 32 - way related to the Sanitary District is permitted without the specific written 33 authorization of- the Board of Sanitary Commissioners. He referred to a letter 34 dated January 30, 1981 to Mr. Holden. in which, because of the varying condi- 35 tions from block to block, the Sanitary District told Peirce Construction that 36 all requests for blasting would have .to be on a block to block basis. Mr. 37 Holden.stated that is why they are :requesting blanket approval to get away 38 from the daily approval necessary as per that letter _on a block by block basis. 39 40 Mr. John O'Day., Richmond Water .Works, stated they are- against blasting anywhere 41 in.. the. vicinity of their facilities. He noted that in one of the areas in 42 question (South 5th Street) they have an old main installed in 1885. There may 43 not be any damage when they blast, -but they are confident there will be some- 44 time in the future as a result of settling. :Blasting disturbs the -subsoil. In 45 response to a question concerning what "in the vicinity" would be, Mr. O'Day 46 stated within the same block. 47 48 Mr. William.Meisner, Richmond Gas Corporation, stated he agrees with Mr. O'Day. 49 They have the same problems and expect the same problems and have always been 50 against blasting. 51 - 52 Mr. Dan Ahlersmeyer, General Telephone Company, stated he agrees with- the Water 53 & Gas- Companies for no blasting within- the,vicinity of- their facilities. He 54 stated he could not say that within the block is acceptable; however, he does 55 feel the test-blast was conducted too close to .their facilities. He asked, if 56 the blanket agreement is passed, how the utilities are going to be notified to 57 - interject their thoughts. Mr. Hudson stated the Sanitary- District would, through 58 Clark Deitz-,• notify- each utility each time there Is a proposal for blasting. It 59 has been done that way in the past and, he- is sure, will be-done that way -in the . 60 future. Mr. Meredith noted-- the telephone companyindicated they were going to 61 "rod" the--line- near the- test blast site. Mr. Ahlersmeyer stated this was not done 62 due to their feeling they should not incur that cost. The only way to know of 63 any damage is to "rod" the cable before and after the blast. He noted their 64 ducts were placed in 1934. /1 Board of Works Minutes Cont'd. January 28, 1982 Page 2 1 Mr. Cordell asked if anyone knew the terms of damage caused by blasting compared 2 to a jack hammer. Mr. Holden stated he didn't know of any study showing this; 3 however, the subcontractor is confident he can perform as he has done so in 4 other cities in Indiana. Mr. O'Day noted that with a jack hammer you are work- 5 ing in one specified location on one piece of rock while with blasting, drilling 6 is done prior to the excavation and the ground is shot. The rock in the ditch 7 line is disturbed as well as the outlying rock from the ditch line. He feels 8 this is what will cause them damage; maybe not when the shot is done, but at 9 a .-future time when that goes back down it will cause disturbance of the sub- 10 soil which will cause movement of the main. It was noted vibration can also 11 be caused by traffic and weather conditions. 12 13 Mr. Dean Van Wie, Clark Dietz, stated their position is that, if there is a 14 request before the Sanitary District Board, they evaluate it and make a re_" 15 commendation to the Board of Directors of the Sanitary District on each case 16 by case basis as they have been doing in the past and they would like to see 17 the Sanitary District Board, if they approve blasting in any area, make it 18 subject to the cooperation and working with the utilities companies. 19 - 20 City Attorney Ed Anderson noted the insurance presented expires today and he 21 has not received a binder. Mr. Hudson stated the binder came in the mail yes- 22 terday and the original is sent to the Sanitary District and a copy is coming 23 to Mr. Anderson today. Mr. Anderson noted the concern of the Board of Works 24 is for the safety of the streets. Blasting is wanted because it is going to 25 be of benefit to someone, what is the position of the Sanitary, does this save 26 you money and are there contract obligations that you must have blasting? The 27 Board has the concern of what is going to happen to our streets and the res- 28 ponsibility to the City if the utilities and everyone who utilizes these streets 29 are faced with law suits. Mr. Hudson concurred that the Board of Works carries 30 the sole protection of the City streets. The Sanitary District in its contract . 31 with the contractor offers where it is feasible in the minds of the Board of 32 Sanitary Commissioners the right to remove rock by blasting means so long' as it 33 does not in the eyes of the Sanitary Commissioners endanger life, property or 34 to do any damage to anything of the City. Inasmuch as the Sanitary District 35 would be the entity that is responsible financially for any' damage or injury 11/ 36 that is caused by this, although the prime contractor and subcontractor have 37 the responsibility also, it is encumbent on them to examine very carefully 38 each request and they are obligated to examine them more than the Board of 39 Works. Mr. Anderson stated he would not recommend to this Board that they 40 give blanket approval. Mr. Anderson stated he does not feel the Fire Department 41 can give a blanket permit and Mr. Holden stated this is correct. 42 43 Mr. Byron Ford, Sanitary District, noted nobody intended to ask the Fire Depart- 44 men.t for blanket approval. The intent was to save the Board from dealing with 45 this every week. There is no intent to get blanket approval from anyone except 46 the Board of Works. Blasting is $30.00 a cubic yard and pneumatic removal is 47 $65.00 a cubic yard. These were line items in the contract. 48 . 49 Mr. Cordell clarified that before any blasting, if the blanket approval is 50 given here at the Board of Works, utility companies will be informed ahead 51 so they can make the proper acknowledgements to the Sanitary Board if they 52 don't want it in that location. They will have time to go before the Sanitary 53 Board. 54 55 Mr. Meredith moved that the blanket blasting be approved for Peirce Construction 56 as subcontracted to Prater under the current contract with the Sanitary District 57 and under the direction of the Engineer, Clark Dietz; that notification be given 58 to the utilities and to the'Board of Works. in 'a timely manner and in writing of 59 each Sanitary District hearing concerning blasting; I also make this subject to 60 the approval of the Sanitary District Board on a block by block basis and the . 61 proper permits issued by the Fire Department for the same or lesser area than 62 was approved by the Sanitary District; also subject to all terms and conditions 63 attached to the test blast and Garden Avenue project as put on by the Board of 64 Works, seconded by Mr. Cordell and on unanimous voice vote the motion was carried. /.. Board of Works Minutes Cont'd. January 28, 1982 Page 3 1 Mr. Meredith noted if any of the terms or conditions are voided, it voids 2 the whole motion. 3 4 Mr. Anderson requested the Board receive a copy of the letter of January 30, 5 1981 of the Board of Sanitary Commissioners, which was earlier referred to. 6 7 CONSTRUCTION CONTRACT POLICY - Barbara Barnhizer 8 11/ 9 EEO Director Barbara Barnhizer recommended the Board formally adopt a policy 10 regarding the Bacon-Davis Act in federal contracts for federal dollars in- 11 volved .in excess of $2,000 or nine or more rehabilitated units. 12 13 She read the following: 14 15 As of January 28, 1982, it shall be the policy of Richmond's 16 Board of Public Works and Safety and all departments of the City 17 of Richmond, unless otherwise exempted by statute or federal re- 18 gulation, to adopt the following policy - 19 20 In compliance to provisions of-the Davis-Bacon Act of 1935, 21 the prevailing wage determination as established by the Secretary 22 . of Labor in accordance to. the Act, shall be incorporated in all 23 construction project specifications of $2,000 or more and re- . 24 habilitation projects of nine or more units, which are funded in 25 whole or in part by federal funds. 26 27 Such projects shall include - projects of construction, 28 alteration, and/or repair, including painting and decoration of 29 public buildings or public works which involve the employment of 30 mechanics and laborers. 31 32 In accordance to the Act, the City of Richmond and the de- 33 partments of the City shall include notice of the Davis-Bacon 11/ 34 provisions in all advertisements for bid and in all notice to 35 bidders. 36 37 Mr. Meredith noted this deals only with contracts federally funded. 38 - 39 Mr. ,-Cordell moved this be accepted in compliance with the provisions of the: 40 Davis-Bacon Act, seconded by Mr. Meredith and on unanimous voice vote the 41 motion was carried. 42 43 Ms. Barnhizer recommended each department get a copy of this. The Clerk 44 noted each department gets a copy of Board minutes. 45 46 AGREEMENT FOR LEGAL SERVICES FOR KENT KLINGE 47 48 City Attorney Ed Anderson has reviewed the contract and finds it in order. 49 50 Mr. Meredith moved the agreement be approved as presented and be made retro- 51 active back to December 31, 1981, seconded by Mr. Cordell and on unanimous 52 voice vote the motion was carried. 53 54 ADJOURNMENT 55 56 There being no further business the meeting was adjourned. 57 58 Donald E. Meredith 59 President 60 61 ATTEST: JoEllen Trimble 62 Clerk of the Board