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RESOLUTION NO. 5274
<br />
<br />Messrs. Brockman, Brown, Chinnock
<br />Magnotto, Usher
<br />
<br /> AN EMERGENCY RESOLUTION authorizing the Director of Public Works
<br />to enter into a change order addition to an exlsti.g contract with wilson
<br />Bennett, Incorporated to remove and reinstall the floor of ~oster Pool in-
<br />cluding the installation of a hydraulic lift moveable platform in an amount
<br />not to exceed $350,000, and to repeal Resolution No. 5273 adopted 1-30-78.
<br />
<br /> WHEREAS, prior to the opening of Foster Pool for the winter swim-
<br />ming season the floor of the pool failed structurally preventing the use of
<br />the pool for swimming activities, and,
<br />
<br /> WHEREAS, it is determmned that the removal and replacement of the
<br />pool floor is necessary to open the pool facility, and,
<br />
<br /> WHEREAS, it is determined that the Installation of a hydraulic
<br />lift, moveable platform in the pool is desirable with the reinstallation of
<br />the pool floor to provide services not now available for the handicapped and
<br />the elderly, and,
<br />
<br /> WHEREAS, the minimum estimated time of construction to replace
<br />the pool floor, install a hydraulic lift moveable platform in the pool and
<br />open the pool for public use is seventeen weeks, and,
<br />
<br /> WHEREAS, any further delay in the rehabilitation and installation of
<br />a hydraulic lift moveable platform in Foster Pool wlll jeopardize use of the
<br />pool for the summer swimming season and will result in extreme hardship to the
<br />City, and,
<br />
<br /> WHEREAS, Wilson Benoett, Incorporated is most familiar with the
<br />construction of the pool, because they were the prime contractor for the
<br />installation of the air structure at the pool, and,
<br />
<br /> WHEREAS, pursnant to Ohzo Revised Code 735.051 the legislative
<br />authority of a Municzpal Corporation may, by a two-thirds vote, contract for
<br />the purchase of construction work without formal bidding and advertising in
<br />the case of a real emergency arising in connection with the operation and
<br />maintenance of the Department of Public Works, and,
<br />
<br /> WHEP~EAS, a real and present emergency exists in the usual operation
<br />of Foster Pool in that the existing pool floor should be replaced along with the
<br />installation of a hydraulic lift, moveable platform at the earliest opportunity
<br />and it is necessary to enter into a contract immediately in order to insure
<br />Foster Pool is operable for the summer months to provmde for the preservation
<br />of the public health, safety and welfare; now, therefore,
<br />
<br />BE IT RESOLVED BY TBE COUNCIL OF THE CITY OF LAKEWOOD~ STATE OF OHIO:
<br />
<br /> Section 1. That the Director of Public Works ls hereby a-~t'~orized
<br />and directed to enter into a change order addition to the present contract with
<br />Wilson, Bennett, Incorporated to provide all necessary labor and material to
<br />install a new reinforced concrete floor and a hydraulic lift, movable platform at
<br />Foster Pool in an amount not to exceed $350,000, which change order shall provide
<br />for a guarantee against leakage from the pool vessel for a period of ten years
<br />and a liquidated damage clause shall be invoked in the amount of $250.00 per
<br />calender day for each day construction is not completed, to the satisfaction of
<br />the City, beyond fifteen calender weeks from the date the change order is signed,
<br />subject however to usual exceptions.
<br />
<br /> Section 2. The funding for this work shall to the extent possible be
<br />provided from the Community Development Block Grant Fund.
<br />
<br /> Section 3. That this resolution is hereby declared to be an emergency
<br />measure for the reasons stated in the preamble hereof and provided it receives
<br />the affirmative vote of two-thirds of all members elected to Council it shall take
<br />effect and be in force immediately upon its adoption and approval by the Mayor;
<br />otherwise at the earliest period as provided by law~ and Resolution No. 5273
<br />adopted January 30, 1978 shall be and the same is hereby repealed.
<br />
<br />Adopteu :~'~t~-~ ,2~ 01/~.~ ~ ' '~ ' __:_ . f ~
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