Stinky business

City asked to chip in on boring expert for sewer plant         

[JULY 14, 2005]  Bills, bills, bills. That might have been the chant in city chambers on Tuesday evening. The first bill was from a sticky situation that was thought to be done and over, but apparently is not.

During the construction upgrade of the Lincoln wastewater treatment facility there were some problems that resulted in a quarter-million dollars of added expense.

To complicate matters is the legitimacy of soil-boring tests, as they are done in Missouri versus Illinois. The professional specifications were brought into question when a main structure collapsed during heavy spring rains. That site and some other structures had to be reconstructed.

Last year city attorney Bill Bates met with the manager of our facility, Environmental Management Corporation, the engineering firm Donohue and Assoc., and the contractor, Paric, to determine who should pay the bill presented by Femley-Dickerson. The parties all ultimately agreed to enter non-binding mediation.

First they had several strategy sessions with various parties in attendance at each session in April, June and July of 2004. Then everyone met in an all-day affair at city attorney Bill Bates' office.

Donohue brought in an expert from out of state who was here for a brainstorming session as well as the day of the mediation.

A decision was reached by all and taken to the council. The council accepted the terms and paid what they thought was the final bill.

This week the city received a bill for $5,346.78 to cover the expenses of the expert who was brought in. The bill was sent by one of the contractors on the project, Donohue and Assoc. It was first sent to EMC, but EMC didn't present it to the council.

According to Joe Pisula from Donohue, it was stated during a strategy session that they would do this and the expense would be shared with the city and the other firms.

Bates said he does not have any recollection of that conversation, but he couldn't say one way or the other about Pisula's claim.

Grant Eaton, who was the city's manager for the plant at that time, was consulted and said that in his recollection the companies all agreed to not bill the city and that they each take part of the responsibility on the work done to resolve the dispute.

Following discussions Tuesday evening it was finally decided to invite a representative from Donohue and Assoc. to come explain this bill. Mike McKee will address the council next Monday.

Legal expertise expense

In another matter, finance chairman Verl Prather said that a decision needs to be made about who will cover the additional legal expenses incurred in handling the Sysco project. City attorney Bill Bates put in lots of extra hours as the lead legal representation and coordinator on behalf of Lincoln, Logan County, and the Lincoln and Logan County Partnership Development. But the bill needs to be paid now, finance chairman Verl Prather said.

So, he will ask the council to pay the whole thing [for now], but the city will still ask the other two entities to share in that cost. It will be on next Monday's agenda.

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