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Parks Commission Meeting Minutes November 8, 1999 Page 3 I Jindra stated that she and Mr. Hartman have toured the park and noticed that some of the punch 2 list items have been finished. Wolff questioned the absence of slats for the picnic benches. 3 Jindra responded that the slats have been ordered and are expected soon. 4 B. Liquidated Damages. 5 Mr. Wong clarified that the language associated with liquidated damages stated that the park 6 must be almost completed. In this respect, Mr. Wong had written a letter outlining concerns 7 associated with the project, and he read the letter to the Commission. In short, Mr. Wong stated 8 that the total liquidated damages are $22,000 (which is 88 days times $250.00 per day). 9 Mr. Hartman stated that he had spoken with City Manager Michael Morrison regarding this mat - 10 ter. Mr. Morrison suggested that the Commission discuss options and provide a recommendation I I to the City Council regarding a fair agreement. 12 Representative from Sports Boosters, Jan Jensen, arrived at 7:30 p.m. 13 Marks asked Mr. Wong about the dollar amount of the contract. Mr. Wong replied that the play 14 equipment cost was approximately $100,000, and the total cost of the contract was $265,000. 5 Wolff mentioned that the amount of $22,000 for liquidated damages was a substantial amount for .6 Flannigan Sales to pay as a representative of Little Tykes equipment. She suggested the possibil- 17 ity of negotiating for additional play equipment as part of the settlement. 18 Jindra stated that it appeared that Little Tykes was primarily responsible for the delay. However, 19 she stated that the park has been well received by the public and the delays have not caused the 20 park to be unused. 21 Mr. Hartman suggested that a meeting be held with Flannigan Sales to obtain ideas on the settle - 22 ment. 23 ICoehntop asked Mr. Wong for a cost estimate on additional items that still need to be added. 24 Mr. Wong stated an approximate estimate would be $4,00045,000, which would exclude 25 lighting for the basketball court. 26 A possible settlement of a percentage in service and a percentage in equipment was discussed. 27 Jindra requested that Mr. Wong arrange possible dates to meet with Flannigan Sales within the 28 next two weeks. 29 Wolff offered her opinion that Flannigan Sales had not followed through with their original obli- 30 gations as a representative of Little Tykes. 1 V. SILVER POINT PARK.