Explanation
BACKGROUND
In 2019, Nickolas M. Savko & Sons, Inc. (“Savko”), on behalf of D.R. Horton-Indiana LLC dba Westport Homes (“D.R. Horton”), installed Roller Compacted Concrete (“RCC”) pavement in Section 1, Parts 1 and 2, of the Villages at Shannon Green residential subdivision project. Upon testing, certain portions of the RCC pavement failed to meet the required strength as dictated by the then-current edition of the Construction & Materials Specifications (“CMS”). The Department of Public Service, Division of Design and Construction, declined to accept the RCC pavement in question because of the failed testing. Savko contested the Department’s determination.
Following subsequent inspection and testing, as well as discussions between Savko and the Department of Public Service, as well as their counsel, Savko and the Department have decided it is in the best interest of the City to resolve their dispute by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize the City Attorney, on behalf of the Director of the Department of Public Service, to enter into a settlement agreement with Savko to resolve the dispute between the Department and Savko in the form of an extended maintenance security period for a portion of the RCC pavement in question, as well as related terms and conditions. A negotiated draft settlement is attached to this Ordinance.
This Ordinance is being submitted to City Council per Section 335.012 of the Columbus City Codes because the estimated value of the settled claim(s) exceeds $20,000.00.
FISCAL IMPACT: This ordinance will have no fiscal impact.
Title
To authorize the City Attorney, on behalf of the Director of the Department of Public Service, to enter into a settlement agreement with Nickolas M. Savko & Sons, Inc. for an extended pavement maintenance security period and related terms involving The Villages at Shannon Green, Section 1, Parts 1 and 2. ($0.00...
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