Trending
LOCK HAVEN -- Improper training, lack of data collection, equipment malfunctions, generator problems and a "bait and switch" tactic.
Those are some of the accusations the city of Lock Haven has listed in a civil lawsuit filed against the design companies involved in the planned upgrades and subsequent construction of a new waste water treatment plant system at 20 S. Hanna St. over six years ago.
The plant opened on Oct. 1, 2014 and since has dealt with multiple costly issues which are related to work conducted by Williamsport-based firm Larson Design Group Inc. and its subcontractors, O'Brien & Gere Engineers Inc., of Maryland, and Layne Christensen Company, of New York, according to court documents.
When city officials first hired the design firms in 2007 it was to upgrade the existing treatment plant to better clean wastewater before releasing it into waterways per new state mandates at the time at a cost of approximately $22.5 million. The system was intended to run more efficiently and be cost effective for the city.
However, that cost increased to $32 million in 2013 when Larson said the plant needed to be moved to a new site near the original.
The court documents, submitted by city solicitor Justin Houser of Coploff, Ryan & Houser and signed off by City Manager Gregory Wilson, accuse Larson and the subcontractors of not completing their due diligence throughout the process.
"Failure to perform necessary due diligence resulted in the city receiving a $32 million WWTP that fails to meet its purpose or capacity while rolling up continually growing operational, maintenance and compliance costs that must be assessed to the innocent taxpayers in Lock Haven," the document reads.
Among these accusations are a "bait and switch" tactic. According to documents, Larson initially pitched using the experience of Dr. Sami Nasr from OB&G, a "leading expert in the field," as the project lead.
"The City has no record of Dr. Nasr's material participation at design meetings, no record that he provided process design information, or even whether he was employed at OB&G at any time during the design phase of the project," documents read.
Further, based on information and belief, the city believes Nasr was terminated by the company during the project without notifying city staff.
Gwin Dobsin & Forman, the city's engineering firm, conducted multiple investigations into the issues beginning in 2016.
GDF's findings found the design firm did not properly gather data related to the operation of the plant, failed to provide proper onsite inspection services or successfully training plant employees when the new system was installed.
"The design professionals' post-construction failure to train and virtual abandonment of WWTP staffers left them on their own to learn a completely new system, driven by unfamiliar new technology, which greatly contributed to the overall confusion of initial plant operations and constituted a breach of PSA and their Professional Standard of Care," documents read.
A pooling and servicing agreement (PSA) lays out the rules governing a bundle of securitized mortgage loans.
Adding onto the problems the plant has faced are replacing power packs for its UV disinfectant system "partly caused by the design professionals' failure to enclose the systems from freezing temperatures and inadequate ventilation to prevent overheating of the electrical elements in the summer," documents read.
The back up generator installed was also not wired properly, leaving several key parts of the facility without power in the event of an outage. The generator also suffered long term damage by "wet stacking" due to insufficient load to fully seat the rings in the motor, documents said.
Ten charges have been filed against the firms:
-- All three have been charged with professional negligence, breach of implied warranty, negligent misrepresentation, fraudulent misrepresentation and unjust enrichment.
-- Larson was charged with breach of contract (report contract) and breach of contract (PSA).
-- O'Brien & Gere have been charged with breach of contract (reporter contract) and fraud in the inducement/fraud.
The complaint was filed through District Judge Craig P. Miller's office Wednesday, Sept. 30 with the request for a jury trial.
The Waste Water Treatment Plant serves thousands of customers throughout the region in both the city and multiple surrounding townships and municipalities.