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
End
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 blo...
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