5273 - 78 reinstall floor of Foster Pool

Home Browse Search

RESOLUTION NO. 5273 BY: Messrs. Brockman, Brown, Chinnock, Magnotto, McBride, Salmon, Usher AN EMERGENCY t~CSOLU'rlON authorizing tile Director of Public Works to enter into a change order addition to an existing contract with Wilson Bennett, Incorporated to remove and reinstall tile floor of Foster Pool at Lakewood Park in an amount not to exceed $]90,000. WIIEREAS, prior to the opr, ntng of l"oster Pool for the winter swimming season, tile flo*)r of the poe! failed structurally preventing the use of the pool for swimming activities, and, WIIEH;AS, it is determined that tile removal and replacement of the pool floor is necessary to open the pool facility, and, WIIEREAS, the minimum estimated time of construction to replace the pool floor and open the pool for the public use is twelve weeks, and, WlIEIZl/AS, ally further dcl. ay ill tile t~l~,~l~ilital.~ol~ of Foster Pool will jeopardize the use of the pool for tile summer swimming season and will result in extreme hardship to the city, and, WHEREAS, Wilson Bennett, Incorporated is most familiar with construction of tile pool, because they were the prime contractors for the installation of the air structure at the pool, and, WHEREAS, pnrsuant to ()hie ltovlsed Code 735.051, the legislative authority of a municipal corporation may, by two-thtrds vote, contract for the purchase of construction work without formal bidding and advertising in tile case of a real emergency artsliiq ill connection with the operation and maintenance of the Department of Public Works, and, WIIEREAS, a real and [)resent cmerqency exists in the usual operation of Foster Pool ]n that the existing pool floor should be replaced immediately in order to insure Foster Pool is operable for the summer months to provide the preservation of tile public health, safety and welfare; now, therefore, BE IT RESOLVED BY TBE COUNCIL OF TIlE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That tile Director of Public Works is hereby authorized and directed to enter ]n[o a chan¢le order addit].on to the [)resent contract with exceed $190,00g, ~hich change order shall provide for a guarantee against leakage for a period of ten years and that liquid damages of $250.00 per day shall be invoked for each day beyond ten weeks from the date of change order is signed if the contract is not completed by the contractor subject to usual exceptions. Section 2. The funding for this work shall to the extent possible be provided from the Community Development Block Grant Fund. Section 3. That this resolution is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise at the earliest period as provided by law. President ~ App rov~~/, /~ 7t'~