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HomeMy WebLinkAbout85-03 RESOLUTION• • RESOLUTION NO, 85-03 RESOLUTION TO ACCEPT SETTLEMENT PROPOSAL IN THE AMOUNT OF $105,000.00 FROM GRUBBS, HOSKYNS, BARTON AND WYATT, INC. AND APPROVAL OF A BUDGET ADJUSTMENT ADDING THESE FUNDS TO THE LIBRARY PROJECT WHEREAS, following an extensive negotiation and mediation process a settlement was achieved in which Grubs, Hoskyns, Barton and Wyatt, Inc. agreed to pay to the City the amount of $105,000.00 in exchange for the Library's and City's agreement that all potential disputes or claims against it were resolved and satisfied by this payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to accept the settlement proposal of $105,000.00 in full satisfaction of any potential claims relating to the geotechnical studies and work of Grubbs, Hoskyns, Barton and Wyatt, Inc. and releases all of our potential claims against them for the payment of this $105,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment and the addition of these funds to the Library project. PV Er4 `PASSED and APPROVED this the 3rd day of June, 2003. ! F ATTEST: By: _ Sondra Smith, City Clerk APPROVED: By: City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2003 Department: Library Construction Fund Division: Program: • Date Requested Adjustment Number Project or Item Requested: Adding back $105,000 to the Fund Balance Project or Item Deleted: None. Justification of this Increase: A settlement was agreed to by Library Board and the geotechnical engineering firm of Grubbs, Hoskyns, Barton and Wyatt, Inc. in the sum $105,000 resulting from a dispute related to the studies performed relating to the subsurface and the unexpected techniques required to excavate the subsurface. Justification of this Decrease: Increase Expense (Decrease Revenue) Account Name Account Number Amount Project Number Building costs 4150 9150 5804 00 105,000 99073 20 Decrease Expense (Increase Revenue) Account Name Account Number Amount Project Number Use of fund balance 4150 0915 4999 99 105,000 Approval Signatures Requested By "Budget Manager Depart,�tent Direct Finhnc'b &fitem Mayor ervices Direct ly t4 Date S Da ea Date 71-o3 Date ate Budget & Research Use Only A B C D E Date of Approval Date Initial Posted to General Ledger Posted to Project Accounting Entered in Category Log Date Initial Date Initial Date Initial H:tBUDGETBARBARA\BUDADJ\2 r%3\Library settlement 5/21/2003 / 11:33 AM NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 85-03 Document • 1 06/03/03 Res 85-03 2 05/19/03 staff review form draft resolution memo to mayor/city council 3 06/11/03 memo to Louise Schaper NOTES: • FAYETTEV?LLE THE CITY Of EAYETTEVIEEf, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Louise Schaper Fayetteville Public Library 41‘From: Clarice Buffalohead-Pearman City Clerk's Division Date: 6/11/2003 Re: Resolution No. 85-03 Attached hereto is an executed copy of the above resolution passed by the City Council , June 3, 2003, accepting the settlement proposal from Grubbs, Hoskyns, Barton & Wyatt, Inc. in the amount of $105,000.00; and approving a budget adjustment. This resolution will microfilmed and filed with the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc Nancy Smith, Internal Auditor Kevin Springer, Budget & Research • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM Rem,. g'S- 03 • Anat e ‘/5/24941$ For the Fayetteville City Council Meeting of: June 3, 2003 FROM: Louise Schaper General Govemment Library Name Division Department ACTION REQUIRED: To ratify a settlement to a dispute that had arisen relating to the project of construction of the new library building and release any potential claims against the engineering firm of Grubbs Hoskyns, Barton & Wyatt, Inc. relating to geotechnical studies/work performed on the project site, in exchangeI''for consideration with a total monetary value of $105,000r 'A 4udq.4. oxi.�„s{ w•sl 4.141.1*L sc411aa4- ftoAes ro Jl.� Lbnaai kora- is ..ko 4o4tcI. COST TO CITY: $ CtoSnoo\ Cost of this request kvSo Rv o-SFo4.o0 Account Number Project Number 41 lb %At New Main Library Category/Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name $ r,gra5f}&(ot - Remainitig Balance Fund Name BUDGET REVIEW: Budgeted Item sLxica Budget Manager Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: »2b Acyoagtiyg Manager s'/2 //es Date C/2//03 City Attorne Date Division Head Department Director Finan e & Internal ./.✓I Chief v .14 Services nistr ive 0 ficer Dir. Date S- i/—v3 Date ,1241.4° Date 1/// 3 Cross Reference New Item: Yes Previous Ord/Res#: Orig. Contract Date Orig. Contract Number No • Mayor • Date • Staff Review Form - Page 2 Description Maintenance Worker 11 (temporary) Positions Meeting Date June 3, 2003 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor Finance & Internal Services Director Chief Administrative Officer • • RESOLUTION NO. RESOLUTION TO ACCEPT SETTLEMENT PROPOSAL IN THE AMOUNT OF $105,000.00 FROM GRUBBS, HOSKYNS, BARTON AND WYATT, INC. AND APPROVAL OF A BUDGET ADJUSTMENT ADDING THESE FUNDS TO THE LIBRARY PROJECT WHEREAS, following an extensive negotiation and mediation process a settlement was achieved in which Grubs, Hoskyns, Barton and Wyatt, Inc. agreed to pay to the City the amount of $105,000.00 in exchange for the Library's and City's agreement that all potential disputes or claims against it were resolved and satisfied by this payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby agrees to accept the settlement proposal of $105,000.00 in full satisfaction of any potential claims relating to the geotechnical studies and work of Grubbs, Hoskyns, Barton and Wyatt, Inc. and releases all of our potential claims against them for the payment of this $105,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment and the addition of these funds to the Library project. PASSED and APPROVED this the 3rd day of June, 2003. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: DRAFT DAN COODY, Mayor • • lor A;