Agenda Item Title:
Authorize staff to employ outside counsel and authorize counsel to file suit against Weston Engineering, Inc. concerning Well No. 8 Pump Replacement 2018 Project No. 17-2421 / CIP No. 51188
Origination Group:
Legal & Finance Committee
Origination Meeting Date:
07/27/2022
City Council Hearing Date:
08/01/2022
Petitioner:
City Attorney's Office
Staff Contact:
Carla Cushman, Deputy City Attorney; Dale Tech, Public Works Director
Agenda Item Summary:
In 2018, Weston Engineering was awarded the contract for the Well No. 8 project, which required the removal and replacement of the well pump at Well No. 8. Weston did not complete the project and damaged the well apparatus in the process. The City estimates the costs to repair the well and replace the pump exceed the value of the performance bond paid by Weston’s bond company.
Staff met in executive session with the City Council on July 18, 2022 to brief them on the situation. This item would authorize the City Attorney’s Office to hire outside counsel to represent the City in this matter, and it would authorize them to file a lawsuit (if necessary) to hold Weston responsible for the City’s costs to repair the damage and finish the well project.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Recommendations:
Origination Recommendation Action:
Approve