City of Columbus - File #: 0867-2009

• File #: 0867-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/10/2009
• In control: Utilities Committee
• On agenda: 9/14/2009
• Final action: 9/16/2009
• Title: To authorize the Director of Public Utilities to settle and release on behalf of the City of Columbus all claims related to a dispute arising from the Big Walnut Augmentation/Rickenbacker Interceptor ("BWARI") project; to execute any necessary documents associated with the settlement and final resolution of the dispute; to authorize the City Auditor to accept a settlement payment in the amount of $500,000.00 (Five Hundred Thousand Dollars and no cents); to deposit the settlement payment into the appropriate fund, and to declare an emergency.

Date	Ver.	Action By	Action	Result
9/16/2009	1	CITY CLERK	Attest
9/15/2009	1	MAYOR	Signed
9/14/2009	1	Columbus City Council	Approved
9/14/2009	1	COUNCIL PRESIDENT	Signed
6/10/2009	1	Utilities Drafter	Sent for Approval
6/10/2009	1	UTILITIES DIRECTOR	Reviewed and Approved
6/10/2009	1	Utilities Drafter	Sent for Approval
6/10/2009	1	CITY ATTORNEY	Reviewed and Approved
6/10/2009	1	Utilities Drafter	Sent to Clerk's Office for Council
6/10/2009	1	City Clerk's Office	Sent back for Clarification/Correction
6/10/2009	1	Utilities Drafter	Sent to Clerk's Office for Council

Explanation

BACKGROUND: This legislation authorizes the Director of Public Utilities to execute documents necessary to settle a dispute arising from the Big Walnut Augmentation/Rickenbacker Interceptor ("BWARI") project. The City and URS Corporation-Ohio, formerly URS-Grenier, Inc., ("URS") entered into a Professional Engineering Services Agreement dated July 18, 1997 whereby URS agreed to provide design and construction administration services to the City in connection with the BWARI project, the Big Walnut Outfall Augmentation Sewer ("BWOAS") Project and the Air Quality Control Facility ("AQCF") Project, all referred to collectively as the "Project." URS and Lachel Felice & Associates, Inc., formerly Lachel & Associates, Inc., ("LFA") entered into an agreement dated December 2, 1997 whereby LFA agreed to provide certain professional services in connection with the Project as a subconsultant to URS. The City entered into a contract with JayDee, Michels, Traylor Joint Venture ("JDMT") dated December 3, 2003 whereby JDMT agreed to undertake the construction for the BWARI Project including the Corrosion Protection Liner ("CPL") system that was specified therein. During the construction phase of the BWARI Project, a dispute arose between the City and JDMT related to the installation of the CPL. The City contended that to the extent it was liable to JDMT for alleged problems and issues related to the CPL system, URS was responsible for the City's damages to JDMT. URS contended that to the extent it was found liable to the City for the payment of damages to JDMT, that LFA was responsible to URS for the amounts URS was obligated to pay the City. All parties engaged in a lengthy mediation process, as a result of which a settlement agreement was reached between all parties.

This ordinance authorizes the Director of Public Utilities to settle and release all outstanding claims related to the Project and to execute any necessary documents to effectuate the ...