City Council Moves Forward With Legal Action Over New YMCA Facility
A view of the natatorium at the new Oskaloosa YMCA facility in December of 2021.
February 9th, 2022
Oskaloosa, Iowa – The Oskaloosa City Council held a relatively normal meeting on Monday, February 7th, 2022.
They went into a closed session after the open meeting to discuss future litigation, and when they returned sometime later, they returned to the open session.
Mayor Dave Krutzfeldt opened up by stating that the discussion involved the new facility pool. “We are finding the work to be less than what we expected.”
The motion was then to have legal representatives file a notice of intent to declare a contractor default and the bonding company specific to the natatorium of the new facility.
The natatorium of pools of the new facility has been the topic between the City and the construction team for approximately the past six months.
In a Freedom of Information request to the City at the end of 2021, Oskaloosa News uncovered an ongoing conversation about the construction of the natatorium at the new YMCA.
Vitus Bering, for SVPA Architects, sent out an email on August 18th, 2021, “We are concerned that there may be an issue with potential undermining of the footings at the deep end excavation for the competition pool. I made a site observation visit on Monday and issued a field report to the team yesterday. Michael Fisher from Waters Edge made a site observation visit today and observed some cracking in the concrete deck on the rec pool side of the wall that separates the two pools.”
“Regarding the pool, at no point has the owner directed Graphite to replace the competition pool. In fact, the September 10 letters make no such demand. Instead, the Default Letter simply states that the “City has reviewed the information from the design professionals and confirms the Architect’s conclusion that the work on the pool basin does not confirm [conform] to the plans and specifications of the contract and is therefore rejected.” The contract document provided various options related to alleged nonconforming work. One option is found in Section 12.3 of the A201 General Conditions which allows the City to accept such nonconforming work. Graphite requests that the City make clear and in writing what it is demanding of Graphite with respect to the alleged nonconforming work on the competition pool. Complete tear out and replacement? Something less than complete tear out and replacement? Invocation of Section 12.3 of the A201 General Conditions? Something else?” This was in a letter from Russ Carew to the City and it’s partners and legal team.
That letter was dated September 27th, 2021.
Carew in his letter went on to say, “Hopefully the City and SVPA will avoid the substantial risk to the City of liability for substantial sums of money related to the tearing out and replacing the competition pool, and instead work with Graphite to find a reasonable and alternative remedy. Graphite has provided a reasonable alternative resolution as discussed above, and we look forward to the City’s response. If the City decides to demand tear out and replacement or any other unreasonable alternative, then the City and SVPA are on notice that Graphite will seek all amounts and damages related to and arising out of this matter. ”
Oskaloosa City Attorney Dave Dixon said that the City is trying to resolve some concerns about the construction on the pool and to direct the City’s legal team to work through some differences.
Dixon said ultimately, the City hopes to “reach some agreeable resolution with the contractor to get the steps and concerns that the city addressed.”
When contacted, the Mahaska County YMCA, which will operate the facility for the city once completed, says that the opening date of the new facility will be up to the property owner, which is the City of Oskaloosa.
We previously spoke with Matt Larson in December about the new facility. You can read that article by clicking HERE.
