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Glen Cove settles lawsuit over botched bulkhead

The Glen City Council has settled a $1.7

The Glen City Council has settled a $1.7 million lawsuit that alleged several firms botched the design and construction of a bulkhead that was part of the city's huge ferry project. Mayor Reginald Spinello said in a statement that he was "pleased to have settled this matter." Photo Credit: David Pokress

The Glen Cove City Council has settled a $1.7 million lawsuit that alleged several firms botched the design and construction of a bulkhead that was part of the city's huge ferry project.

The board unanimously voted Tuesday night to allow its special counsel to enter into an agreement that would award the city $700,000 and waive $300,000 in unpaid fees.

"I am pleased to have settled this matter . . . and put it behind us as we continue moving forward," said Mayor Reginald Spinello in a statement.

The city filed suit in 2012, demanding $1.7 million in damages for the "flawed and negligent design of the bulkhead," and various other errors and omissions that cost the city money that was not reimbursable by federal stimulus money that funded most of the project, according to city and court documents.

The city sued AECOM USA Inc., Halcrow Engineers Inc., Action Chesterfield Associates Inc. and Cameron Engineering and Associates LLP, which were involved in the bulkhead's design and construction, city and court documents indicate.

The ferry terminal and slip have long been a part of the planned Garvies Point development, a waterfront project of Uniondale-based RXR Realty. It is to include 860 residential units, a hotel, and office and retail space.

The bulkhead work was part of the first phase of the project, which also included building the basin that will hold two ferry boats, piers, lighting, docks, ramps and a parking lot. The ferry terminal building will be constructed during the project's next phase.Rockville Centre attorney William Tinsley, who represents AECOM, said Wednesday the settlement documents are being prepared.

Several counterclaims filed by the defendants for unpaid work after the city sued will be dropped, city documents show.

In spring 2011, seven fixing bolts, which connect the steel wale to the bulkhead sheeting, failed or broke at various locations on the bulkhead, which could have resulted in the bulkhead's collapse into Glen Cove Creek, court documents show.

The suit said the city had to pay more than $1 million out-of-pocket to fix the bolt failures, after the defendants "refused to cure their mistakes."

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