Broken Arrow City Council
Meeting of: 12-20-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of and authorization to execute Resolution No. 967, a Resolution authorizing the City attorney and outside counsel to file an action against O.J.C. Co., Contech, Inc. Heartstone of Oklahoma, Inc. and Employers Mutual Casualty Company, and Bituminous Insurance Co. in Tulsa County District Court seeking recovery for a figure in excess of $75,000.00 for issues involving the Hillside Park Retaining Wall Project (also known as the Tiger Hill Wall, located at the Southwest corner of 9th Street and east Kenosha Street) and directing the City Attorney and outside counsel to prepare and file necessary documents to initiate an action against the parties referenced herein, as well as any other material party
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Background:
On January 9, 2012, the City entered into a Professional Consultant Agreement with O.J.C. Co. Consulting Engineers to evaluate and design a pre-manufactured concrete block retaining structure to be constructed at Hillside Park, located at the southwest corner of 9th street and East Kenosha Street, in Broken Arrow, Oklahoma. Following receipt of O.J.C.’s design for the Project, the City engaged in a public competitive bid process to purchase the required number and size of manufactured large segmented blocks. Tulsa Dynaspan Inc. was the successful bidder and on March 8, 2012, the City issued a Purchase Order to Dynaspan to manufacture and deliver the specified number of blocks for use in construction of the wall. On April 18, 2012, after a separate public competitive bid process, the City entered into a prime contract with Contech, Inc. to perform the excavation, block installation, drainage construction, backfill, and compaction of the Project. Contech entered into a contract with Heartstone, Inc. to install the blocks for the retaining wall.
Work began on the (Hillside Park Retaining Wall and Project) on or about May 14, 2012, with the project substantially completed on August 26, 2012. The Tiger Hill Retaining Wall Project was formally accepted by the City on February 14, 2013. As a consequence of the joint negligence of O.J.C. Co. Consulting Engineer’s, Tulsa Dynaspan, Inc., Contech, Inc. and Heartstone Inc. the City has incurred substantial expense in having the Wall inspected, analyzed, and reports issued identifying both the defects in the design and construction and methods of remedying those defects and incurring damages in excess of $75,000.00.
The City Attorney’s Office recommends that the City file an action in Tulsa County District Court against O.J.C. Co., Tulsa Dynaspan, Inc., Contech, Inc., Heartstone Inc. Employers Mutual Casualty Company and Bituminous Insurance Co. and any other necessary parties to recover damages incurred to the Tiger Hill Retaining Wall Project. The attached Resolution formally accomplishes this action.
Cost: Attorney Fees and Filing Fees
Prepared By: Beth Anne Childs, City Attorney
Reviewed By: Assistant City Manager-Operations
Engineering and Construction
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 967
Recommendation:
Approve Resolution No. 967 and authorize its execution.