Loading...
Covenant Building CorporationCity of Carmel DEPARTMENT OF ENGINEERING May 23, 2000 Eric Sheticker c/o Covenant Building Corporalieu 220 First Avenue NE Carreel, IN 46092 Dear Eric: RE: Propert), at 240 North Rangeline Road Late last )'ear we met to discuss the work that ``vas performed along tile norIll side of tile above refercoccd property within tile scope of tile Old Town hnprovcmcnts Project by file City of Carmcl. As owners of tile subject property, 1 understand Illat tile finished product is not satisfactory to you and >'our '`vile. 1 must slate thai I believe our representatives ia tile field were honest in representing what was to be construeled, went Io great lengths to meet wi{ll you, and cveu made additional revisions including additional steps to meet your salisfactioa. Regardless, we have agreed to address this issue and ro-cvaloale lhc coustracled improvcalcnts so wc may arrive al a reasonable solution to this sihmtion. In response to year letter of December 10, 1999, 1 ;vould like to state that I do believe what ``vas constructed is as it ',','as supposed to be, is not snbslandard construction, and, in the opinion of Ihe City of Carreel, was satisfactorily performed by tile contractor, Hunt Paving. Yonr proposal implies that tile City's design of this wall was supposed to match that of the existing fimx finish rothiding wall on Rangeline Road. 'i'llis is not correct. Only Main Street and Rangeline Road wcrc to have walls with this type of finish. Your comments illat ingress/egress had been eliminated is not correct as file work was not allowed to be finished, pending our meeting, discussion and final decision on how to continue with tile work. Your proposal for tile reconstruction work at a cosl of $3,500.00 has been considered by tiffs office and discussed with the Mayor. It is our intent that the improvements left in place arc both appropriate and acceptable to all those owners and residents within Old Town. Affilough this office nlainlains that lhe current tall curb and concrete work is acceptable, meets all building codcs and should remain, we are willing to allow you to reconstruct that portion as agreed upon per your proposal, this letter and ally required agreement and/or permits that shall follow. The work is to include: Remove and replace retailling wall (to match existing wall on Rangeline Road error the olr, ers request only) along the north side of the property at 240 North Rangeline Road. Install step or steps at tile existing stair landing. Remove and replace inslalled steps at oiltar apartment entries. Additionally, you asked that certain bricks be re-installed wififiu an internal patio area. I v,'ould propose that these bricks be supplied to you and that Illis work also be done by you, so that the overall design, layout, elevations and construction can be coordinated and completed at one lime. The water meter pit, if it hasn't already been repaired, can be take care of by the Cannel Utilities. I would like to address a few concerns I have regarding Illis work, ',vhicll shall be considered conditions to lhis approval: 1. During the removal of tim retainlug wall, the potential exists for the sidewalk Io be damaged. If Illere is any damage to the newly constructcd walks, you will be held responsible for repairing the walks to the City's satisfaction, at your cost. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 2. A bush that is in place behind the wall may become dislodged or damaged during the removal. Again, you will be responsible for the cost of replacing or relocating this bush. 3. Connection to any private sidewalks, stoops or patio areas will not be considered a part of this work (other than the steps np to the walks). 4. The type of finish to the wall must be of similar style as that of the existing walls on Rangeline Road. If another type or style becomes desired by you, you must contact and obtain this office's approval prior to commencing coustmction of the ;vail. 5. During tile removal and construction, care must be takeu to minimize ally impact to the other new infrastructure improvements that lmve been made, iucluding the walks, curbs, street pavement, street lights and storm structures. You will be solely responsible for the costs of repairing any damages resulting from this work. 6. Yon will be responsible for all work performed by and auy dmnage caused by any subcoutractors hired by you. 7. You aglcc to obtain or sign any bonds, permits or legal agrccn~cnts that arc de:creed ncccssal)' by lhc DeparUncnt of Enginccring and the Department of Law as regards this project. 8. You agree Io indemni~' the City and its officials, officcrs, employees, contractors and agents from ally claims, suits, damages, cosIs, iujnries (including deaths), expenses and/or property damage caused by you or your agcnts or employees in Ibe conrse of or as a result of this project. The City has expeuded over 3 million dollars to improve illis and other sections of Old Town, cud has already invested thous,'mds ill the wall Illat currently exists. Thercforc, npon colupletion oflbis work as proposed by you, we will colBider Illis area and rclaining wall finished in full and waive any past, present and future claims against Ibe City or its officials, officcrs, employees, contractors and agents that you, your wife, your family or )'our successors and assigns may have against the City as a restfit thereof. I am bopcfill this informaliou is in accordancc with your undcrslanding of our ability to proceed with Illis repair effort. Prior to conmmncing coustructiou, please conlact Dick Hill, of the Department of Engineering rcgarding inforumtion ou bonds, perlnits and other required documents for construclion v:ork within the public right-of-way, If you would like to discuss any of these items or have any questions, Dick or 1 can bc reached at 571-2441. In addition, I will be bringing this issue before tile Board of Public Works and Safety for ratificatiou of this approval. M. Kate Wcese, P.E. . City Engineer CC2 Mayor Jim Brainard Douglas Hancy, Ci.ty Attorney Kevin Kirby, Council Member Dick Hill, Assistant Director, Department of Engineering Date C ityofC mel '%' DEPARTMENT OF ENGINEERING June 1, 2000 Board of Public Works and Safety One Civic Square Carmel, 1N 46032 Dear Board Members: Last summer, as pan of the Old Town Improvements, a high curb/retaining wall was constructed on the north side of a residence at 240 North Rangeline Road. The house sits high on the ground and in order to install a sidewalk and the other street improvements at this location, this high curb/retaining wall was necessary hold up the bank of ground between it and the house foundation. This building is owned by Eric Snedeker and his wife. Although much time and e~brt was expended to discuss what was to be constructed, afterward, the owners were not pleased and claim to have been misled about what the finished product would look like. This wall exists just at or on the shared right-of-way/property line. I have met with the Snedekers on numerous occasions, and have come to the conclusion that the only solution to this issue that they will accept is if the City allows them to reconstruct this curb/retaining wall. Mr. Snedeker is in this line of business and has proposed to remove the old wall and construct one that they will be satisfied with for a total of $3500.00. His proposal letter is attached. I have written a letter to Mr. Snedeker stating the City could accept this proposal conditional to many factors, which letter the City Attorney has reviewed and approved. A copy of this letter is also attached for your review. It was the City Attorney's recommendation that I bring this matter before the Board of Public Works and Safety and obtain your concurrence of this resolution. l made that a condition of and part of my letter to Mr. Snedeker. Therefore, I am requesting the Board' s concurrence of this resolution to the residential/road improvement conflict regarding the high curb/retaining wall at the property of 240 North Rangeline Road. Sincerely, M. Kate Weese, P.E City Engineer ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 BUILDING CORPORATION 220 First Avenue N.E. Carmel, IN 48092 December 10, 1999 City of Carreel One Civic Square Cannel, IN 46032 Attn: Kate Boyle-Weese RE: Various problems due to unsatisfactory work. Property location - 240 North Rangeline Road at 3rd Street NW Dear Kate, On, or about November 16, 1999, we met at the above referenced property with Lance Stahley of Crossroad Engineers. This meeting was scheduled in order that the city representatives could view the work that was unsatisfactorily performed by Hum Paving, specifically the retaining wail which was instailed from the back edge of sidewalk on my property. The finished work resulted in eliminating ingress - egress at the base of the existing stairs that services two apartments. Furthermore, Lance said on three different occasions that the wall would match the attractive walls on Rangeline Road. The finished work not only doesn't match, but is quite substandardinvisuai appeal. Several solutions were discussed for these problems, ofwhichLance made record, obtained pricing, and forwarded to the city. It is my understanding, after our phone conversation, that the remedial estimate from Hunt Paving is not acceptable. Therefore, I propose to perform the work which follows: a. Remove and replace retaining wall to match existing on Rangeline Road. This would be congruent with the city's design while eliminating the liability of a fall hazard. b. Install step, or steps, at the existing stair landing, as was the previous condition. This would re-introduce ingress - egress. c. Remove and replace instailed steps at other apartment entries. Insufficient fall and improper slope results in rctemion of water allowing posssible liability. Proposal for the above stated work: $ 3500.00 Two items remain incomplete that Crossroad Engineering agreed to perform. a. Presently, a pile of sand still remains where previous brick patio was removed. Crossroad Engineering agreed to re-lay brick, matching Rangeline Road sidewalks. b. Water meter pit, which had been re-located twice, remains unprotected from winter elements. I trust the city will accept this proposal and honestly fed it is mutuaily beneficial to all parties. I have contributed considerable time and expense, at this, and several other properties in Old Towne Camel in an effort to enhance visual appeal thus coinciding with the goals the city has set forth. I'd like to take this opportunity to commend your vision and efforts with the upgrading and beautification of our town. By working together, the area of the named property can meet the standards we nil expect. Sincerely, Eric W. Snedeker, President. (317) 574-0723 · Fax (317) 574-0763 Cky of Carreel DEPARTMENT OF ENGINEEKING May 23, 2000 Eric Sacticker c/o Covenant Building Corporafloe 220 First Avenue NE C:tilnel, 1N 46092 Dear Eric: RE: Property al 240 North Rangeline Road Late last 3'car we met to discuss tile work that was perl'ornlcd along tile norlh side of the above rcfcrcuccd properly within tile scope of tile Old Town hnproven~cuts Project by tile City of Carreel. As owners of the subject property, 1 rmdcrslaud that file finished product is not saltsfactor)' to yoo and )'our wife. 1 must state Ihat ] believe oar rcprescutativcs in tile field were ]/ooest ill rcprcsentiug ',i'llat \yes to be coustruclcd, wcut to great Icugdls to meet wiib you, sod cveu made additioual rcvisious iuchlding additioual steps to moot your salisfaclion. Regardless, we have agreed 1,, address tllis isstlc slid rc-cvalualc flit coilafflicted ilni)rovcNlellls so wc lllay arrive uI a reasonable solutiou to Illis situation. In rcsponse to your letter oFDecembcr 10, 1999, I :voukl like lo state Illat ] do believe wlult was coustructcd is as il was supposed to be, is not sabslandard consInaction, and, ill the opiuion of file City of Carulcl, was satisfactorily performed by tile coom~clor, Hunt Paving. Your proposal implies that tile City's desigu oflhis Wall was supposed to match Illat of the existing faux finish retaintug wall on Raugcliue Road. This is not correct. Only Main Street and Rangcliuc Road wore to bare walls ',vidl this type of finish. Your eolnlncnls Illat togruss/egress bad beeu clilniuated is not correct as lhe work was not allowed to be finished, pcuding our meeting, discussion and final decision on how to couanue with tile work. Your proposal for tile reconstruction work at a cost of $3,500.00 has been considered by Illis office and discussed with tbc Mayor. It is oar intcut that tile ialprovcn~ems left iu place arc both appropriate and ncccplable to all those o~vners cud residents nilbin Old Town. Although Illis office maintains that tile curreal tall curb and concrete work is acceptable, meets all building codes and should runrain, we are willtug to allow yon to reconstruct that portion as agreed upon per your proposal, Illis letter and any reqnired agreerecur and/or permits that shall follow. The work is to include: Runlove and replace retailling wall (to matell existing wall on Rangeline Road orper the owners request only) along the north side of the property at 240 North Rangeline Road. Install step or steps at the existing stair landing. Remove and replace inslalled steps at other sparhaunt entries. Additionally, you asked Illat certain bricks be re-installed withiu an internal patio area. I woald propose that Ihesc bricks be supplied to you and that this work also be done by yon, so that the overall desigu, layoul. elevations and construction eau be coordinated and completed at one time. The water meter pit, if it hasn't already been repaired, can be take care of by the Cannel Utilities. 1 \vould like to address a few concerns I have regarding illis v'ork, which shall be cousidered conditions to Illis approval: 1. During the rmnoval of ihe retaiuiog wall, lho potential exists for tile sidewalk Io be damaged. I[ II~crc is any damage to the newly conslractcd walks. you :rib be held rcspousible for repairing file walks to the City's salis~lctioo, at your cost. ONE CIVIC SQUARE CARMEL, INDIANA ,[6032 3t/15H-2441 2. A bush Illat is in place behind the '.vail relay bceo ~e dislodged or damaged during the renlo\'al. Again, you will be responsible for the cost of replacing or rclocating this bush. 3. Connection to any private sidewalks, sloops or patio areas will not be considered a part of lhis work (other than the steps np to Ihe walks). 4. The t>~c of finish to the wall must be of similar style as that of the existtug walls on Raugeline Road. 1[ another lypc or style bccomcs dcsircd by you, you must coutact and oblain lifts o~cc's approval prior lo commencing construction of the wall. 5. During the removal and coostruction, care must be takcu to n~inimizc any impact to the other new infrastructure improvements lbat have been made, including the walks, curbs, sircol pavement, sireel lights and slorm structures. Yoo will be solely responsible for the costs or repairing auy damages rcsnlting from this work. 6. Yon will be rcspoosiblc lot all work performed by and any damage caoscd by any subcoutractors hircd by yon. 7. You agree lo vblain or sign rob' ~nds, pciuiils ot leg~l agrcciucii{s lh~ll arc deemed uccessaU' by lhc Dcpamnem of Enginccriug and the Department of Law as regards this project. 8. You agree Io indemnify the City aud its o~cials, officers, employees, controctors and agents from auy claims, suits, damages, costs, itduries (includiug dculhs), expenses aud/or property damage caused by you or your agenls or employees in the coorse of or as a result of this project. The City has c×pcndcd over 3 million dollars Io improve lilts and other sections of Old Towu, nod has already lovested Ihousands iu lhc wail Ihal currently exists. Therefore, upon completion of ihis work as proposed by you, wc will c0usidcr this area und rctaining wall finished io full aud waive any pas~, present and ~turc claims aguinst Ihe City or its o~cials, o~ccrs, employees, coulractors aud agcuts that you, yonr wifc, your family or your successors and assigns may havc againsl the City as a rcsull tl~crcof. l am hopeful this information is in accordaucc with yonr undcrslauding of our ability to proceed with Illis repair effort. Prior Io comn~cncing construction, please coutact Dick Hilt, of tile Deparunent of Engiueeriug regarding iuforumtion on bonds, perhalls and other required doctune~lts for conslrnetion work ~vithiu the pnblic right-of-way. If you \vonld like to discuss any of lhese items or have all5' questions, Dick or 1 can be reached at 571-2441. Iu addition, 1 will be bringing this issue before tile Board of Public Works and Safety for ratification of this ,approval. M. Kate Wcesc, P.E. . City Engineer Mayor .lira Bratnard Douglas Haney, City Altoracy Kevin Kirby, Council Member Dick Hill, Assistant Director, Department of Engineering APPROVED: City of Carreel Board of Public Works and Safety Mayor James Bratnard, Presiding Officer Billy Walker MaD' Ann Burke Diana Cordray, Clerk Treasurer Date