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Home My WebLink About52-99 RESOLUTION• • RESOLUTION NO 5 2 - 9 9 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/ 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. ..,..PAWD AND APPROVED this 6th day of _AptiL, 1999. _.• FAYE ri APPROV • ";• • A"PTEST• By: • Addle 1/ Heather Woodruff, City" erlc By• Fred Hanna, Mayor NPR -01-99 0.302 PM FAYLIFEV1LLE 501 !D21 77:14 P.04 "rm-01-y7p7 LI:X .'lir. :FF1cZ to 55217714 P.Oi AOREENIENT, WHEREAS. the City of Fayetteville (the "City") entered into 3 contract with Wilks Constriction, Inc., ("Wilke") on March 18, 1997, for cerla:n rqsairs, including preparation and painting, to the Wilson Park pools; and, WHEREAS, the City lias exp:ri cheek( problems with du paint job on the pools; and WHEREAS, b dispute exists as to the cause of the paint prellems; and WHEREAS, the parties agree that the healt1. safety and welter: of th.: citizens of Fayetteville require the wort to be performed according to the contract ept(i9cation5 and with a satisfaioiy result. NOW. THEREFORE. the partite agree to the fellossing !.ettas in resoluoon of tliis matter L. The C iry %lel:1114v e the pools sandblasted to retnove the existing paint. 2. Wilks Conetniction, Inc., slid provide all labor, equipment and materials for the pool preparation wo& except sandblasting, (i.c. etching. washing, primer coating, etc.) 3. Wilke Construction, Inc.. shall provide all labor, :quip:nem and material for pair tir,g the pools 4. All work shall be performed and materials provided in accordance with Eve specifications set forth in the March 18, 1997, contra:1i which is made a part of this agreement by reforence as tf set forth word for word. 5. Thc City shall have the pools santitlastn.1 prior to !Le 5CLIJOD opening of the pools. 6. Wills shall perform the preparation and paint work prior to the season opening of the pools, urdess, upon consultation with Ute Puke and Recreaton Superintendent, it is determined that time and weather conditions will not allow for proper preparation and painting prior to the opening. In mach CA50 the preparation and paint *elk shall be coca dinoted with the P41/11.5 and Recreation Superintendent end shall be performed as soor..ss reasonably possible after the I cols an closed for Use season. 7. The parties acknowledge that timing, wc�hei HO temps, attire are essential to the successftil completion of this project; and, therefore, will work diligently tc accomodate tsese hoots. 8. The City Hall have the tight to provide staff or pool specialist to monitor the process and application of preparatiOu matetials and pair: r"'•••\ B P.01 1:e-01—'39 �6:1i2 wri Ci FRYLI It's/it...LE 5t1 ,21 7714 mrm-c. otwe Ist(LM =Pr. C:7( CFF:CE TO 1521710 P.e2 5. An inspection shall be done join* the parties 9O days after completion of the prepararion and painting. If upon inspection 'lc lob presents satisfactory results. thc Cite :shall issue a full relcaec tQ Mika. Was C truc non, kc. ATTEST: 4;-B • Titie. se:" City of Fay cdte By: azutal L ayor Ely 117.4_ P.02 aty of FayettevWe, Arkansas Budget Adjustment Form EXHIBIT A Budget Year 1999 Department: Division: Program: Public Works Parks B Recreation Sales Tax Capital Date Requested April 6, 1999 Adjustment 0 Project or Item Requested: $29.500 in the Wilson Pool Improvements Capital Project. Project or Item Deleted: $29,500 from the Parks Maintenance Complex Capital Project. Justification of this Increase: The additional funding requested is to cover the expenses associated with the repainting and maintenance work performed on the pool. Because of some problems with the initial work performed it has become necessary to reapply paint and maintenance work on Wilson Pool. Justification of this Decrease: There is sufficient funding remaining out of this capital project to meet current objectives. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Park Improvements 4470 9470 5806 00 96032 Decrease Expense (Increase Revenue) Account Name Amount AramntNumber ProjextMonter Building Costs 91000 4470 9470 5804 00 97019 1 Aden/ / 1d1/1/ ues 13....s.7)..< B t M isr• Approval Signatures i° • • Date iL Date DepartmentDepartment Director Date (Admin Se ices i or Mayor Die Da BudgetaficeLlse0Mly Type: A DmeofAppmwM Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester DADATAVORMAIAADANADIFIIR WK. FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS • Cf/va- eenk DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks Director From: Heather Woodruff Date: April 9, 1999 Attached is a copy of the resolution approving the settlement agreement between the city and Wilks Construction for your files. The original will be microfilmed and filed with the city clerk. cc. Yoland Fields, Internal Auditor Steve Davis, Budget and Research File FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE RtS cZ-19 TO: Mayor Fianna and City Council TI -IRU: Charlie Venable, Public Works Director FROM: Connie 6monston, Parks & Recreation Superintendent DATE: March 30, 1999 RE. Wilson Park Swimming Pool For the past two swimming pool seasons, the Parks and Recreation Division has experienced problems with the swimming pool paint job at Wilson Park. It is very imperative that the problems be corrected before the opening on Memorial Weekend, May 29, 1999. As you are aware, our swimming pool is a very popular recreational site with a 1998 attendance of 27,252 people that tabulated to an average of 257 per day. The highest daily attendance in 1998 was 639 people. Staff has been working on these problems since last fall with final solutions currently being negotiated at a crucial crunch time before opening. First, I would like to provide you with some background of the problem. In 1997, the City contracted with Wilks Construction Company for $127,303 to remove the pool plaster, replace the plaster, and paint the Wilson Park swimming pool. After the pool closed in the fall of 1997, it was noted there were hollow areas of plaster that needed to be repaired and the paint was bubbling causing it to peel from the plaster. The contract specified the contractor was responsible for all work for a period of not less than one year after the work was accepted. Wilks Construction returned in the spring of 1998 to repair the plaster work, remove the paint with a power pressure washer, and paint the pool at their cost in the main and two kiddie pools. It was soon noted and reported, after the pool was filled with water for the 1998 season, that the paint was again peeling off the plaster in all three pools. A meeting with Mr. Wilks and City staff was held in the fall of 1998 to discuss the problem. Mr. Wilks did not believe his company was at fault in the application of the paint. He believed water was coming up through the cement causing the paint to bubble. At this point, it seemed most appropriate for the City to hire a consultant to evaluate the situation so that the problem would not occur a third time. KTA-Tator, Incorporated, pool specialists from Humble, Texas, were selected to analyze the problem. After an extensive laboratory analysis, KTA-Tator determined the problem was in the application of the paint. The • • plaster was not etched properly and the paint was not applied according to manufacturer's specifications. On March 26, 1999, a meeting was held with Wilks Construction and City staff to determine the course of action. A settlement offer is currently being negotiated and will be presented to you by the Tuesday, April 6, 1999 City Council meeting. Timing is very critical to correct the problem before opening date. The Parks and Recreation Division will be requesting your approval of a settlement offer with Wilks Construction and a budget adjustment. 2