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 dam...
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