Posted: June 14, 2021
Rapid City
Agenda Item Summary

Agenda Item Ref. #: WS061621-23

Agenda Item Title:

Authorize Mayor and Finance Officer to Sign Retention Agreement with Nooney & Solay, LLP

Origination Group:
City Council Working Session
Origination Meeting Date:
06/16/2021
City Council Hearing Date:
06/21/2021
Staff Contact:
Joel Landeen
Agenda Item Summary:
Western Construction, Inc. contracted with the City to perform the Catron Boulevard Widening Project CIP 16-2343. Since the completion of the project, there are obvious issues with the road way. Core samples from the roadway have been pulled to separate times and show that the compaction of the asphalt on the roadway does not meet specifications. While there is no dispute regarding the condition of the roadway, there is a dispute regarding the reason the current test results do not meet specifications. Staff has been attempting to negotiate a resolution with Western, but at this time we have not been able to make significant progress. Based on the results from the asphalt compaction testing, it appears that Western Construction’s sub-contractor who was required to perform the testing at the time it was constructed will also need to be involved in any resolution of this matter. The warranty for the project expires this fall. Since our efforts to resolve this dispute have not been successful up to this point, I am seeking authorization to retain Nooney & Solay to represent the City if we are required to file a lawsuit. Ultimately, I hope that this dispute can be resolved through mediation, but it may require the City to file a lawsuit in order to get all the necessary parties and their insurers to the table and motivate them to find a solution.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center
Is Funding Budgeted?:
Not Budgeted

Recommendations:

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