HomeMy WebLinkAbout~Master - Approving Payment of Arbitration Award to Westcon/Dillingham in the Construction of the Lincoln Way Sanitary Sewer Relief Line RESOLUTION NO. 99-238
RESOLUTION APPROVING PAYMENT OF
ARBITRATION AWARD TO WESTCON/DILLINGHAM
IN THE CONSTRUCTION OF THE LINCOLN WAY
SANITARY SEWER RELIEF LINE
FOR THE CITY OF AMES,IOWA
WHEREAS, the construction contract arbitrators have awarded $501,246.20 in additional
fees and costs to Westcon/Dillingham for"changed conditions" in the construction of the Lincoln
Way Sanitary Sewer Relief Line; and,
WHEREAS, appeal would have to be on the theory that the arbitrators exceeded their
authority, arguing that the matter was not arbitrable under the terms of the contract; and,
WHEREAS,it is not realistic to expect the Federal Court to set that determination aside;and,
WHEREAS,pursuing an appeal process that is virtually certain to fail will only result in an
additional award for further costs and fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the payment of arbitration award to Westcon/Dillingham in the construction of the Lincoln Way
Sanitary Sewer Relief Line in the amount of$501,246.20 is hereby approved.
ADOPTED THIS 22nd day of June, 1999.
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Diane R. Voss, City Clerk Ted Tedesco, Mayor
Introduced by: Quirmbach
Seconded by: Parks
Voting aye: Campbell, Cross, Hoffman, Parks, Quirmbach, Wirth
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 22nd of June, 1999.