2/15/1994 - Laserfiche WebLink

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M ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved Work Authorization No. 1 with Carter Associates, Inc. in the amount of $225,000 for engineering services on Water Expansion Plan, Phase VI, as recommended by staff. Attorney Vitunac tried to interject before the Board voted that these are the same firms that are working with Utilities right now in investigating the failure of the wall in the West Regional Wastewater Treatment Plant. At the moment, Carter Associates, Inc. and Williams, Hatfield and Stoner are saying they have no responsibility whatsoever for the failure and agree that the County doesn't either, and we are all looking to the manufacturer and the contractor. It is the County's position that the County is totally without fault and relied to some degree on Carter Associates and Williams, Hatfield and Stoner and that somebody out of the four parties is responsible for that failure. If we are contracting out with Carter for two brand new major projects, we probably have lost any major leverage we had with them. He felt it is something the Board should be aware of. Utilities Director Terry Pinto pointed out that there is a possibility that all three parties will deny all responsibility and that we will end up in court with the engineers. Staff wanted the Board to be aware that this contract and the contract in the next agenda item are with the same engineers. We cannot pinpoint the liability now, but the County is taking the position that we are not liable and that one or all three of the other parties are liable for that failure. Commissioner Eggert asked if the question of liability is delaying the project, and Attorney Vitunac advised that is a possibility. Commissioner Macht felt in that case that we should have had more data than was laid in front of the Board before we were allowed to proceed to a vote. Director Pinto explained that in discussing this with the County Administrator, it was felt we had to put the Board on notice. We are not about to pinpoint liability at this point. He stressed that his memo of February 2, 1994 outlines that there isn't any more detail to give other than what was given to the Board today. Both of the engineering firms have taken a position that they do not have any liability and that we want to help the County in the pursuit to recover from the manufacturer and the construction contractor. 25 BOOK PAS F +�`