RM 03-07-75 - Laserfiche WebLink

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a OLD BUSINESS (Cont'd) by the prime contractor to make the adjustment to the pools and he does not feel that the $8,000.00 retainage would cover pool damage, or underlayment of the pool for the fissures. President Nimtz inquired if the cracks were in the one pool, to which Mr. Slabaugh answered that he does not know of any cracks. The pools would be a maintenance item and the maintenance would take care of it. It would be either that or we do not accept the pool and they take it back. Mr. Zackrocki emphatically stressed this was never brought to his attention or to the attention of The Hickey Company, and they are carrying a maintenance bond for several thousand dollars guaranteeing the work for three years. Mr. Soltesz reported the pools have never been satisfactorily completed and the pools have not been functioning, prior to being turned off for the winter months. The criticism has been here for some time and everyone on the River Bend Ad- visory Board has been taking the wrath from people on the malfunctioning of the pools, including the lengths of down- time on the pools and the length of time to obtain a motor for the pool. All we want is to have the pools running. Mr. Zackrocki did not feel The Hickey Company should be held responsible for the hard water in this area which had caused the downtime on the pools. They built the Mall to the engineering contract concept and they have a mainte- nance agreement with the City for three years for the Mall, and one year with the City for the pools and fountains. In light of the controversy, the Chair directed no action be taken on this today, and to have this item on the Agenda for the next Commission meeting, on March 21. The Chair requested reports be submitted by: 1) Legal Counsel, Mr. Kevin J. Butler, was requested to have a report on this regarding the responsibility for repair and what it will take to repair. 2) Executive Director, Mr. C. Wayne Brownell, was re- quested to have the engineers submit a report as to whether the damages will be covered under the maintenance bond, or whether the amount would need to be withheld to have the work covered. Mr. Butler advised that if the fissures and /or cracks on Pool D have not been brought to the attention of The Hickey Company, that somewhere along the line there has been dereliction of responsibility by someone who was supposed to have been watching and reviewing these items. Commissioner Wiggins reported that he does not recall that we had any problems with the cracks, but heard all the others, and that he has even raised the question on why no one knew the water condition in this area. Item tabled.