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A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government of Nashville and Davidson County's property damage claim against BOP Nest Nashville, LLC, Cambridge Swinerton, Inc., Hayward Baker, Inc. and Keller North America, Inc. in the amount of $128,570.12 and that said amount be paid to the Water and Sewer GSD Stormwater Capital Projects Fund.
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WHEREAS, a stormwater line, owned and operated by the Metropolitan Government in Alley No. 71 in downtown Nashville, was damaged by soil nails that were placed during the construction of the Olmstead Project, which began in 2015. Cambridge Swinerton, Inc. was the general contractor, and Keller North America, Inc. and Hayward Baker, Inc. were the contractors responsible for the design and use of the soil nails on the project. The Metropolitan Government incurred costs for temporary remedial work and repairs to the stormwater line totaling $128,570.12.
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by the Metropolitan Government of Nashville and Davidson County related to the events detailed above be compromised and settled for $128,570.12, and that this amount be paid to the Water and Sewer GSD Stormwater Capital Projects Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the property damage claim of the Metropolitan Government for the sum of $128,570.12 with said amount to be paid to the Water and Sewer GSD Stormwater Capital Projects Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashvill...
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