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Home My WebLink About144-99 RESOLUTIONRESOLUTION NO 144-99 A RESOLUTION ACCEPTING A FINAL SETTLEMENT OFFER IN THE AMOUNT OF $5,000 IN LIEU OF PAINTING THE WILSON PARK SWIMMING POOL BY WILKS CONSTRUCTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1 That the City Council hereby accepts the final settlement offer in the amount of $5,000 in lieu of painting the Wilson Park swimming pool by Wilks Construction. A copy of the written settlement offer is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16`" day of November , 1999. •' APPROVED Heather Woodruff, City Cle By Fred Hanna, Mayor XX t 1 AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW • • sfitt ivEvbFORM Fi0CT 2 9 4999 CITY OF FAYETTEVILLE CITYCLERK'S OFFICE For the Fayetteville City Council meeting of November 16, 1999 FROM: Connie Edmonston Name Parks and Recreation Public Works Division Department ACTION REQUIRED: Approval of Wilson Park Swimming Pool Paint Settlement COST TO CITY: Cost of this Request Account Number Project Number $ Category/Project Budget Category/Project Name $ Funds Used To Date Program Name $ Remaining Balance Fund BUDGET REVIEW: Bu.. et Manager Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENC Acco City Attor ey Purchasing Officer /0—‘111 Date /0- 2 r 55 Date to -49 -9c1 Date , ,i1.. rnal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION: Approval of settlement, • /t///tom //f//,%/i'i„A. • ision He i 1 artm rector /"A _ ervices Director LI 'Li Mayo /o -a? -9f Date /0—?7rr 4 Date 2q00 114 Date ate Cross Reference New Item: Yes Prev Ord/Res #:57:2-47/ Orig Contract Date:_ Orig Contract Number: _ • STAFF REVIEW FORM Description Wilson Park Swimming Pool Paint Meeting Date 11/16/99 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Page 2 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Hanna and City Council THRU: Charlie Venable, Public Works Director co/ FROM: Connie Edmonston, Parks & Recreation Superintendent DATE: October 27, 1999 RE- Wilson Park Swimming Pool Paint Settlement The Parks and Recreation Division requests approval of an offer by Wilks Construction in the amount of $5,000 in lieu of painting the Wilson Park Swimming Pool. This will be the final settlement of their contract with the City. The swimming pool surface was renovated by Wilks Construction in 1997. The old plaster was removed, new plaster was applied and the pool floor and wall were painted. After the pool closed in the fall of 1997, hollow areas in the plaster work appeared and the paint bubbled causing it to peel from the plaster. Wilks Construction returned in the spring of 1998 to repair the plaster work and repaint the pool. The paint peeling problem reoccurred during the 1998 season. KTA- Tator pool consultants were hired to analyze the problem in November of 1998. It was determined the plaster was not etched properly, and the paint was not applied according to manufacturer's specifications. In preparation of the 1999 pool season, more hollow areas in the plaster work appeared and therefore were repaired by park staff. Meanwhile, a meeting was held with Wilks Construction in which the City was to sandblast off the old paint and Wilks Construction was to repaint the pool after the 1999 pool season. City Council approved this contract in April 1999. This fall, Park staff has met and talked to local pool plaster specialists concerning our pool plaster and paint problems. Luther Stems, Pools and Spas from Ft. Smith, and Norman Cline from Springdale, the contractor who initially applied the plaster and repaired the hollow areas, visited the site and advised us to repair/replace the plaster work and not paint the pool. We also visited with John Payne, Instructor for the Certified Pool Operators course in Jonesboro, and he too recommended not to paint the pool. We visited with numerous pool consultants and vendors at the National Parks and Recreation Association conference last week, and they all concurred not to paint the pool. With these recommendations from pool professionals, we concluded the City should not paint the pool. Mr. Wilks estimates labor costs to be $5,000. This $5,000 would be used to partially fund the most appropriate solution to solving our pool plaster problems. We will continue to investigate the best method of resolving this situation. If further information is needed, please call me at 444-3473. Attachment: Wilks Construction Letter Resolution No. 52-99 • OCT -15-99 10:36 AM 41ILKSCONST 451 Hudson Road Hwy. 62 East WILKS CONST., INC. P O. Box 1685 Rogers. Arkansas 72757 Oct 15, 1999 City of Fayetteville C/O Connit Edmonston 5016363326 P.01 EXHIBIT A Telephone (501) 636-3826 (501) 636-2024 Wilks Const will dend a Check for $5,000.00 to the City of Fayetteville Parks Department. This will be in exchange for paintingthe pool at Wilson Park. It will also terminate our Contract with the City of Fayetteville Parks Department. like WILKS CONST., INC. • RESOLUTION NO 52- 9 9 MICROFILMED A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $17,000; AND APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND WILKS CONSTRUCTION COMPANY FOR PAINTING THE WILSON PARK SWIMMING POOL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1 The City Council hereby approves a budget adjustment in the amount of $17,000 increasing Park Improvements, Acct. No. 4470 9470 5806 000, Project No. 96032 1 by decreasing Building Costs, Acct. No. 4470 9470 5804 00, Project No. 97019 1. A copy of the budget adjustment is attached hereto marked Exhibit "A" and made a part hereof. Section 7 The City Council hereby approves a settlement agreement between the City of Fayetteville and Wilks Construction Company for painting the Wilson Park swimming pool; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "B" and mad a part hereof. PASSED AND APPROVED this Si`" day of _ApnL, 1999. FAYETi APPROV t. ATTEST: , • By. l( .. digit( Heather Woodruff, Ci erk By. /144441, - Fred Hanna, Mayor RPR -01-99 93:02 PP1 GI'11' OF FAYETTEVILLE 501 521 7314 P.04 ,-,-n-dr-17p; rrcuri rHr. urr Hitt. OFFICE TO 95217714 P.ei • 7/Xt4iDi r B AGREEMENT WREREAS. the City of Fayetteville (the "City") entered Into a cortract with Willes Construction, Inc., ("Wilke") on March 18,1997, for cci1ain repairs, including preparation and painting, to the Wilson Park pools; and, WHEREAS, the City has experienced problems with the paintjob on the pools; and WHEREAS, a dispute exists as to the cause of the paint problems, and 'NFIEREAS, the paries agree that the health, safety and welfare of the citizens of Fayetteville require the wort; to be performed accenting to the contract speciflcadons and with a satisfaaory result. NOW, THEREFORE, the parties agree to the following tenns In resolution of this matter. L. The City will have the pools sandblasted to remove the existing paint. 2. Wilks Construction, Inc., shal provide all labor, equipment and materials for the pool preparation work, except sandblasting, (ie. etching, washing, primer coating, etc), 3 Wilks Construction, Inc„ shall provide ell labor, equipment and material for pair ting the pools. 4, All work shall be Dctformed and mstcriais provided in accordance with the specifications set forth in the March 18, 1997, contract, which is made a part of this agreement by reference as if set forth word for word. S, lilt City shall have the pools sandblasted prior to the season opening of the pools. 6. Wilks shall perform the preparation and paint work prior to the season opening of the pools, unless, upon consultation with the Parka and Recreation Superintendent, it is determined that time and weather conditions will not allow for proper preparation and painting prior to the opening. In such case the preparation and paint work shall be coordinated with the Parks and Recreation Superintendent and shall be perfomied as soon as reasonably possible after the pools are closed for the season, 7. The parties eeknowledge that timing, weather and tempo aturc are essential to the successibl completion of this project; and, therefore, will wort diligently to accommodate ttese actors. 8. The City shall have the [iglu to provide staff or a pool specialist to monitor the process and application of prepanttioa materials and pair.:. TOTR. P,01 WFR-01-99 03:02 PM' CITY OF FAYETiEVILLE 501 521 7714 P.05 1e'tc-J: D7. e, ;aC &MUM FRY. CITY RTTt, CFFICE TO 352071h P.02 S. An inspection shall be done Jointly by the parties 90 days after completion of the preparation and Fainting. if upon inspection thc job presents satisfactory results, the C'it thaiI issue a full release to Wilks. wigs C • i tntcti0n, Luc. (jet ATTEST; oCir Title: .0.40 By: City ofFsy c.9ite By: Fre arms, ayor Tfik. P.02 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks and Recreation From: Heather Woodruff, City Clerk Date: November 22, 1999 Attached is a copy of the resolution accepting the final settlement offer by Wilks Construction. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor