Explanation
The Fishel Company has been installing conduit for cable installations, throughout Franklin County, over the last few years. During this process they have damaged numerous water lines, most of which they repaired themselves. However, they damaged a 30" water line under the railroad tracks on Snouffer Rd., over a year ago, in which we had to facilitate repairs. We feel that they are liable for the cost of these repairs. Fishel Co. claims they called us to spot the line, and we did not respond. Additionally, the CSX Railroad had to close two sets of tracks for five days while temporary repairs were made. It is possible that CSX could bill us $2 million a day or $10 million total for down time.
Upon invoicing Fishel Co. for the repairs, they invoiced us for repairs to several lines they insist were not previously located. Fishel Co. has proposed a "Full and Final Release" where the Department of Public Utilities, Division of Water would void our invoice and they would do likewise with their invoice. They would also assume responsibility for any future claims levied by the CSX Railroad, since they have railroad insurance.
Therefore, it is in the best interest of the City of Columbus, Department of Public Utilities to allow the Director of Public Utilities to enter into a Full and Final Release for both parties not to sue and waive any and all claims, demands, rights, suits, and causes of action associated with this incident.
It is requested that this Ordinance be handled in an emergency manner, in order to have the agreement signed as soon as possible.
FISCAL IMPACT: There is no fiscal impact for this Full and Final Release.
Title
To authorize the Director of Public Utilities and the Fishel Company to enter into a Full and Final Release, regarding damage to the 30" water line under the railroad tracks along Snouffer Road, for the Division of Water, and to declare an emergency.
Body
WHEREAS, the Fishel Company damaged a 30" water line under the railroad tracks on Snouffer Rd., and
WHEREAS, the CSX Railroad had to close tracks while temporary repairs were made, possibly billing us several million dollars for down time, and
WHEREAS, the Department of Public Utilities, Division of Water invoiced Fishel Co. for these water line repairs, in which Fishel Co. invoiced the Division for repairs to our water lines they insist were not previously located, and
WHEREAS, Fishel Co. has proposed a "Full and Final Release" whereas both parties would void said invoices, and Fishel Co. would assume responsibility for any future claims levied by the railroad, and
WHEREAS, an emergency exists in the usual daily operation of the Division of Water, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a Full and Final Release with the Fishel Company, regarding damage to the 30" water line under the railroad tracks along Snouffer Road, for the immediate preservation of public health, peace, property and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities be and is hereby authorized to enter into a Full and Final Release with the Fishel Company, regarding damage to the 30" water line under the railroad tracks along Snouffer Road, for the Division of Water, Department of Public Utilities.
Section 2. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.