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HomeMy WebLinkAboutB-2025-002 Approving Special Purchase (Phoenix Pools Resurfacing)RESOLUTION NO. B – 2025 – 002 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION AUTHORIZING A SPECIAL PURCHASE UNDER IND. CODE §5-22-10-10 The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. WHEREAS, the Board previously authorized a Request for Quotes in 2024 soliciting quotes for resurfacing the indoor pools at the Monon Community Center for which no responses were received; and WHEREAS, the Board’s purchasing agent published a Request for Proposals for the Resurfacing in May of 2025 for which no responses were received prior to the June 5, 2025 deadline; and WHEREAS, Ind. Code §5-22-10-10 (the “Act”) provides that when no bids or proposals are received for a public works project the purchasing agent may negotiate and contract for the work in any manner it deems appropriate; and WHEREAS, the Board now desires to declare a “special purchase” under the Act and enter into an agreement with Phoenix Pools of Louisville, Kentucky (the “Vendor”) pursuant to the proposal attached hereto as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION AS FOLLOWS: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Board hereby declares a “special purchase” under the Act for the Resurfacing to be performed by the Vendor pursuant to the proposal attached hereto as Exhibit “A” which is hereby approved. Section 3. The Board hereby authorizes the Director and/or Assistant Director of the Carmel Clay Parks Department to enter into and execute an appropriate agreement for the Resurfacing with the Vendor in a form approved by counsel to the Board. Section 4. The Director is hereby authorized, empowered and directed to take all action necessary to implement the terms of this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation on this 8th day of July, 2025, by a vote of 8 ayes and 0 nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION Judith F. Hagan, President Aye Nay Absent Jenn Kristunas, Vice-President Aye Nay Absent Mark Westermeier, Treasurer Aye Nay Absent Katie Muller, Secretary Aye Nay Absent Jonathan Blake Aye Nay Absent James D. Garretson Aye Nay Absent Josh Orahood Aye Nay Absent Jon Shapiro Aye Nay Absent Riddhi Shukla Aye Nay Absent CERTIFICATION I certify under the penalties of perjury that the foregoing members of the Carmel/Clay Board of Parks and Recreation voted as indicated above at a public meeting on July 8, 2025. Judith F. Hagan, President X X X X X X X X X Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER.ACTIVITY 1 | P a g e CONTRACT entered the ____ day of ________________, 2025 by and between, Monon Community Center hereinafter called the Owner, and Phoenix Pools, LLC hereinafter called the contractor. Contract is for swimming pool renovation at the location of 1195 Central Park Drive W, Carmel, IN 40632. Time Sensitive Bid: This bid price is good until October 1, 2025 Brief Scope of Work: Renovation of Swimming Pool – Activity Pool Equipment Warranty: The manufacturer provides their own specific warranty for all equipment all of which will be provided to the owner. Workmanship Warranty: The contractor offers a one-year workmanship warranty. Owner Responsibility: Owner is responsible for providing contractor with access to water and electricity. The owner agrees to ensure that the swimming pool is filled without stopping after the resurfacing. Customer Changes: Changes to the work performed must be approved by owner and contractor prior to proceeding with the work. Any additional requests made by the customer that will incur higher costs must be signed and agreed to by the customer and contractor prior to purchasing equipment and/or completing work. Unforeseen Circumstances: Contractor is not responsible for Acts of God, or any delays caused by damaging weather such as floods, rising water tables, tornadoes, earthquakes, etc. Payments and Compensation: Subject to additions provided by approved change orders, the Contract Sum to furnish all labor, equipment, materials, and incidentals for the construction of the work described in “scope of work” shall be the amount of Forty Eight Thousand Three Hundred Eight Dollars ($48,380) described below for the pool renovation, payable as the payment terms describe. 50% Due to Secure Start Date $24,190.00 50% Due on Completion $24,190.00 Scope of Work: To be completed within 5-7 days from start date, barring any weather delays and access restrictions as designated by owner. The contractor shall not be held liable for any delays due to weather or owner access. •Cut/chip at all “tie-ins” returns, bottom drains, lights, etc. •Sound pool for hollow spots, cut/chip and remove defective materials •Acid bath swimming pool •T9 coat swimming pool •Bond Kote swimming pool •Resurface swimming pool with Hydrazzo (Color- Gulf Stream Blue) •Set new VGB frames/grates for bottom drains EXHIBIT “A” Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER.ACTIVITY 2 | P a g e •Start filling swimming pool after exposure, owner is to ensure that pool is completely filled after plaster material is applied and water chemistry start up instructions/aftercare are followed. Insurance: The contractor shall have general liability insurance providing the sufficient coverage not less than indicated by best practices for liability insurance coverage in the State of Kentucky. The contractor shall have worker’s compensation insurance for employees in accordance with the statutory Worker’s Compensation laws for the State of Kentucky. The contractor agrees to indemnify and hold harmless the Owner from and against any and all claims, for injuries to persons or property, arising from the negligent acts or omissions of the contractor or its employees. Dispute resolution: In the event of a dispute between parties which arises under this contract and the dispute cannot be resolved through informal negotiation; the dispute shall be submitted to a neutral mediator jointly selected by the parties. If the dispute is not resolved through mediation, the disputes shall be settled by binding arbitration. Costs of the arbitration including the arbitrator’s fees shall be borne equally by the parties to the arbitration. NOTE: The plaster coat to be applied to your swimming pool is a unique cementitious product comprised of various mineral, marble dust, and polymers to enhance its strength and beauty. The plaster will be hand applied by experienced tradesmen. The inherent characteristics of the plaster will give your pool its own unique and individual look. The variations in color and texture will give your pool a natural, unique-like finish, that is strong and durable. Owner agrees to be responsible for all water and chemical costs associated with the pool draining, pool water fill-up, and ongoing chemical maintenance. Owner agrees to maintain water chemistry as instructed by contractor including proper vacuum techniques without the use of rollers and/or automatic vacuum systems until the product has cured. Owner acknowledges that Phoenix Pools LLC. Is not responsible for the structural integrity of an empty pool/spa. Any and all damages, losses, and expenses, including but not limited to structural problems, existing or new movement, water table conditions, soil conditions or any acts of nature that contribute to structural damage to the swimming pool/spa, coping, decking, tile, plumbing, electrical, or related surface failure of (Plaster, Fiberglass, Pebble or Paint) arising from empty pool/spa is the responsibility of the owner. WARNING: Special problems to plaster, fiberglass or other pool surfaces such as crazing, spalling, chipping or cracking may result from emptying the pool/spa. These conditions may also occur during the refill, when preforming the needed repairs, or after the completion of the repairs. It is fully understood that if these problems do occur it is beyond the control of responsibility of the pool service company (Phoenix Pools LLC.) The pool/spa should only be left empty to complete the repairs in a timely manner. The owner is advised to contact the contractor prior to emptying the pool/spa. Several instructions or warranty issues may need clarification prior to emptying the pool/spa. POOL INTERIOR FINISH DISCLOSURE: Pool Interior Finishes are composed of materials which may have inherent shading and/or color variation which is normal and should not be construed as a defect. Environmental factors such as humidity, temperature, substrate conditions, etc., during the installation process can cause normal color variations (normal mottling) across the surface of a coating. This is Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER.ACTIVITY 3 | P a g e generally a uniform shading or cloudy appearance. These variations may be more pronounced on a cloudy day or at night with the light on. These conditions are beyond the contractor’s control. Discoloration or mottled-shade variation is not considered a failure or defect, but is characteristic of most cementitious products, not needing remedy. It is a normal occurrence of most exposed aggregate finishes to have variation in the surface aggregate density, or variations in the concentration of aggregates across the finished surface. Proper evaluation of an interior finish is done when the pool is full of water and under natural light conditions only. The pool interior finish is NOT guaranteed for evenness of color and may not be the exact shade anticipated. The shade and color of pigmented surfaces will vary and “fade” over time. Crazing (check cracks and hairline cracks), may be noticeable and may be quite pronounced with colored finishes and are normal and are not considered defects. The longevity of the surface will be dependent on the water chemistry after start-up being properly maintained in accordance with the Association of Pool & Spa Professionals (APSP) published standards recommended practice of maintaining the Langlier Saturation Index at 0 to +/- 0.5. Overall common water chemistry parameters to be monitored are: chlorine, total and carbonate alkalinity, pH, calcium hardness, cyanuric acid and total dissolved solids. __Troy Jackson______________________July 1, 2025 Contractor Representative, Troy Jackson Date __________________________________________ _____________________ 7Owner Signature Date PHOENIX POOLS, LLC 2931 BON AIR AVENE LOUISVILLE, KENTUCKY 40205 EMAIL: phoenixpoolplaster@gmail.com OFFICE: 502-995-7727 Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER 1 | P a g e CONTRACT entered the ____ day of ________________, 2025 by and between, Monon Community Center hereinafter called the Owner, and Phoenix Pools, LLC hereinafter called the contractor. Contract is for swimming pool renovation at the location of 1195 Central Park Drive W, Carmel, IN 40632. Time Sensitive Bid: This bid price is good until October 1, 2025 Brief Scope of Work: Renovation of Swimming Pool – Lap Pool Equipment Warranty: The manufacturer provides their own specific warranty for all equipment all of which will be provided to the owner. Workmanship Warranty: The contractor offers a one-year workmanship warranty. Owner Responsibility: Owner is responsible for providing contractor with access to water and electricity. The owner agrees to ensure that the swimming pool is filled without stopping after the resurfacing. Customer Changes: Changes to the work performed must be approved by owner and contractor prior to proceeding with the work. Any additional requests made by the customer that will incur higher costs must be signed and agreed to by the customer and contractor prior to purchasing equipment and/or completing work. Unforeseen Circumstances: Contractor is not responsible for Acts of God, or any delays caused by damaging weather such as floods, rising water tables, tornadoes, earthquakes, etc. Payments and Compensation: Subject to additions provided by approved change orders, the Contract Sum to furnish all labor, equipment, materials, and incidentals for the construction of the work described in “scope of work” shall be the amount of Eighty-Eight Thousand Five Hundred Seventy Dollars ($88,570) described below for the pool renovation, payable as the payment terms describe. 50% Due to Secure Start Date $44,285.00 50% Due on Completion $44,285.00 Scope of Work: To be completed within 14-21 days from start date, barring any weather delays and access restrictions as designated by owner. The contractor shall not be held liable for any delays due to weather or owner access. •Drain Swimming pool •Cut/chip and remove existing lane tile and crosses •Cut/chip at all “tie-ins” returns, bottom drains, lights, etc. •Sound pool for hollow spots, cut/chip and remove defective materials •Acid bath swimming pool •T9 coat swimming pool •Bond Kote swimming pool Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER 2 | P a g e •Set and install new black nonskid 2x2 lane tile and crosses •Grout tile •Resurface swimming pool with Hydrazzo (Color- Gulf Stream Blue) •Set new VGB frames/grates for bottom drains •Start filling swimming pool after exposure, owner is to ensure that pool is completely filled after plaster material is applied and water chemistry start up instructions/aftercare are followed. Insurance: The contractor shall have general liability insurance providing the sufficient coverage not less than indicated by best practices for liability insurance coverage in the State of Kentucky. The contractor shall have worker’s compensation insurance for employees in accordance with the statutory Worker’s Compensation laws for the State of Kentucky. The contractor agrees to indemnify and hold harmless the Owner from and against any and all claims, for injuries to persons or property, arising from the negligent acts or omissions of the contractor or its employees. Dispute resolution: In the event of a dispute between parties which arises under this contract and the dispute cannot be resolved through informal negotiation; the dispute shall be submitted to a neutral mediator jointly selected by the parties. If the dispute is not resolved through mediation, the disputes shall be settled by binding arbitration. Costs of the arbitration including the arbitrator’s fees shall be borne equally by the parties to the arbitration. NOTE: The plaster coat to be applied to your swimming pool is a unique cementitious product comprised of various mineral, marble dust, and polymers to enhance its strength and beauty. The plaster will be hand applied by experienced tradesmen. The inherent characteristics of the plaster will give your pool its own unique and individual look. The variations in color and texture will give your pool a natural, unique-like finish, that is strong and durable. Owner agrees to be responsible for all water and chemical costs associated with the pool draining, pool water fill-up, and ongoing chemical maintenance. Owner agrees to maintain water chemistry as instructed by contractor including proper vacuum techniques without the use of rollers and/or automatic vacuum systems until the product has cured. Owner acknowledges that Phoenix Pools LLC. Is not responsible for the structural integrity of an empty pool/spa. Any and all damages, losses, and expenses, including but not limited to structural problems, existing or new movement, water table conditions, soil conditions or any acts of nature that contribute to structural damage to the swimming pool/spa, coping, decking, tile, plumbing, electrical, or related surface failure of (Plaster, Fiberglass, Pebble or Paint) arising from empty pool/spa is the responsibility of the owner. WARNING: Special problems to plaster, fiberglass or other pool surfaces such as crazing, spalling, chipping or cracking may result from emptying the pool/spa. These conditions may also occur during the refill, when preforming the needed repairs, or after the completion of the repairs. It is fully understood that if these problems do occur it is beyond the control of responsibility of the pool service company (Phoenix Pools LLC.) The pool/spa should only be left empty to complete the repairs in a timely manner. The owner is advised to contact the contractor prior to emptying the pool/spa. Several instructions or warranty issues may need clarification prior to emptying the pool/spa. Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F Phoenix Pools MONON COMMUNITY CENTER 3 | P a g e POOL INTERIOR FINISH DISCLOSURE: Pool Interior Finishes are composed of materials which may have inherent shading and/or color variation which is normal and should not be construed as a defect. Environmental factors such as humidity, temperature, substrate conditions, etc., during the installation process can cause normal color variations (normal mottling) across the surface of a coating. This is generally a uniform shading or cloudy appearance. These variations may be more pronounced on a cloudy day or at night with the light on. These conditions are beyond the contractor’s control. Discoloration or mottled-shade variation is not considered a failure or defect, but is characteristic of most cementitious products, not needing remedy. It is a normal occurrence of most exposed aggregate finishes to have variation in the surface aggregate density, or variations in the concentration of aggregates across the finished surface. Proper evaluation of an interior finish is done when the pool is full of water and under natural light conditions only. The pool interior finish is NOT guaranteed for evenness of color and may not be the exact shade anticipated. The shade and color of pigmented surfaces will vary and “fade” over time. Crazing (check cracks and hairline cracks), may be noticeable and may be quite pronounced with colored finishes and are normal and are not considered defects. The longevity of the surface will be dependent on the water chemistry after start-up being properly maintained in accordance with the Association of Pool & Spa Professionals (APSP) published standards recommended practice of maintaining the Langlier Saturation Index at 0 to +/- 0.5. Overall common water chemistry parameters to be monitored are: chlorine, total and carbonate alkalinity, pH, calcium hardness, cyanuric acid and total dissolved solids. __Troy Jackson______________________July 1, 2025 Contractor Representative, Troy Jackson Date __________________________________________ _____________________ Owner Signature Date PHOENIX POOLS, LLC 2931 BON AIR AVENE LOUISVILLE, KENTUCKY 40205 EMAIL: phoenixpoolplaster@gmail.com OFFICE: 502-995-7727 Docusign Envelope ID: C329DB5A-73CF-48F8-976C-230786265D9F