HomeMy WebLinkAboutItem E(10) Consideration of Change Order No 2 with Prime Construction Group, Inc for Additional Equipment Required to install the Bore & Jake Under Maguire Road in the Amount of $37,603.75; and Authorization for Mayor & City Clerk to Execute Change Orde be Center of Good L j`
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AGENDA ITEM COVER SHEET
Meeting Date: December 7, 2004
Item # 10
Reviewed By:
Contact Name: David Wheeler Department Director:
Contact Number: 407-905-3100, ext. 1504 City Manager:
Subject:
Change Order No. 2 with Prime Construction Group,Inc. for the Reclaimed Water Booster Pumping Facility
Project
Background Summary:
When the Reclaimed Water Booster Pumping Facility Project was designed it did not include the location of
the Sprint duct bank installed as part of the Maguire Road project. The result was a design and bid that
included a bore and jack installation under Maguire Road at a depth of twelve feet. The Sprint duct bank
required that the bore and jack be lowered by three feet, resulting in a change in excavation shoring from a
trench box to sheet piling and the use of a steering head on the bore machine where one was not going to used
before. The change order amount to include these items is $37,603.75 with an increase of seven calendar
days.
Issue:
The Reclaimed Water Booster Pumping Facility Project requires an alternate depth of installation under
Maguire Road at an additional cost of$37,603.75.
Recommendations
The Engineering—Public Utilities staff recommends that the City Commission approve Change Order No. 2
for the additional equipment required to successfully install the bore and jack under Maguire Road in the
amount of $37,603.75, with an increase in contract time of seven days, and authorize the Mayor and City
Clerk to execute the change order.
In addition, the Engineering — Public Utilities staff recommends that the City Commission accept the letter
from Professional Engineering Consultants, Inc. as their financial obligation to this change order.
Attachments:
1) Change Order No. 2 between the City of Ocoee and Prime Construction Group,Inc.
2) Letter from Professional engineering Consultants, Inc. dated November 30, 2004.
Financial Impact:
This change order will result in an increase of the project's construction contract by $37,603.75. Funds are
available for this change order in the contingency for this project.
Type of Item:
❑ Public Hearing For Clerks Dent Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
® Commission Approval
❑ Discussion&Direction
® Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution""
Reviewed by City Attorney "f u-ed_ 0 -M'1Gt.c.�. 0 N/A
Reviewed by Finance Dept. 0 0 N/A
Reviewed by ( ) 0 N/A
Mayor cerxex of Good L1` Commissioners
S. Scott Vandergrift Danny Howell.District 1
Scott Anderson.District 2
City Manager — Rusty Johnson. District 3
Robert Frank Nancy J. Parker.District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: David A. Wheeler,P.E.
City Engineer&Director of Public Utilities
DATE: November 29, 2004
RE: Approval of Change Order No. 1
With
Prime Construction Group, Inc.
For
Reclaimed Water Booster Pumping Facility Project
ISSUE
The Engineering—Public Utilities Department requests that the City Commission approve Change Order no. 2
with Prime Construction Group, Inc. on the Reclaimed Water Booster Pumping Facility Project for the lowering
of the bore and jack under Maguire Road in the amount of an increase of $37,603.75, with an increase in
contract time of seven calendar days.
BACKGROUND/DISCUSSION
The Reclaimed Water Booster Pumping Facility project includes the construction of a pump station, connection
to the CONSERV pipeline, and associated piping and instrumentation to allow for the drawing of reclaimed
water from the CONSERV pipeline, a system operated by the City of Orlando and Orange County. The City of
Ocoee purchased a lot on south Maguire Road near the CONSERV pipeline that generally runs along Moore
Road to be the location of the Reclaimed Water Booster Pumping Facility.
The project plans did not include showing the new sprint duct bank installed during the Maguire Road project.
Had the duct bank been shown on the plans, the contractors would have bid accordingly, therefore the
additional cost associated with lowering the bore pit and the use of the steering head on the boring machine are
real costs. The plans showed a water main, reuse main, three stormwater pipelines, and a sanitary force main.
The original depth was set to be at least two feet below the reuse main which is approximately nine feet below
the road surface at the bore crossing which was designed at the bottom being approximately fourteen feet. The
new Sprint duct bank, which is located on the east side of Maguire Road, is approximately twelve feet to the
bottom below the road surface. Therefore to ensure missing the duct bank and still maintaining the two foot
clearance, the bore needed to be lowered three feet. This additional depth required the use of sheet piling
instead of a trench box. Because the duct bank was the farthest from the starting bore location and was the
controlling depth the contractor needed to switch to a steerable head on the bore to ensure the depth.
The design engineer, Professional Engineering Consultants, Inc., sees this as an oversight on their part and has
stated that they will pay for the delay part of the change order. The calculated amount of the delay part of this
change order is $4,064.00, which equates to the two days of delay. See the attached letter from PEC, Inc.
The negotiated cost for this work item was $37,603.75 and two additional calendar days in contract time. This
change order provides for an increase of 3.43% in the contract amount of $1,097,000. The change order is
attached for your review.
11/30/2004 03:03 4078499402 PEC PAGE 02/03
PEC
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
November 30,2004
Mr. David Wheeler
Public Works Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
RE: City of Ocoee Booster Pumping Facility
Dear Mr.Wheeler:
Pursuant to our conversation, PEC will cover the cost of time delay, on the above referenced
project, due to unforeseen conditions with respect to the lowering of the Maguire Road RWM
Jack and Bore to avoid the existing Sprint duct bank.
Per Prime's subcontractor's costs breakdown the cost of two days of delay at $2,032.00/day
totals$4,064.00, Prime's Change Order Proposal is attached.
At your option, PEC can have a check payable directly to The City of Ocoee in the amount of
$4,064.00 or we can reduce this amount from the authorization.
If you would have any questions we can be contacted at(407)422-8062.
Sincerel
PR ES N• NGI G CONSULTANTS, INC.
obert P. = dd, P.
Construction Manager
RPR/mg
Attachment
cc:
K:\...\057MLTR
d for Pro - Si' al Eng';-ering Consultants, Inc.
• /, C Principal/Officer //-
30
om K- ey P.- Title Date
engineers "Engineering Our Community"
planners
surveyors 200 East Robinson Street-Suite 1560.Orlando,Florida 32801.407/422-8062-FAX 407/849-9401
11/30/2004 03:03 4078499402 PEC PAGE 03/03
, ''.. . .; .- PRzIrS.ECONSTRUCTIOki 141002
. YIN .
Change Order Proposal .
Cheng Request No.: 477-01 -Date: 6.Oc't•04
Owner Reference: .
• Description: Lower Jack and Bore to avoid Sprint
Duct Bank(3'deeper)
- Crew Size Quantity Unit Unit Price Extension
. PCG labor with Burden '
1 1r a all additional french sharing for deeper
Jack and Bore Foreman,Pick 1 2 Days $268.00 $726,00
2 Excavate and badd71 additional depth at racafvl=pit Operator,Track Excavator 1 2 Daya 532440 $648.00
• 3 4110 011 end oarnpantion et Bare pit Opnratnr,loader 1 2 Days $263,00 $525.00
Pipe Layer 1 2 Day* $283.00 $966.00
Pipe Taii van 1 2 Dcyc $243.00 $486.00
Laborer,nldlled 1 2 Days $043,00 3486,00
PC8 Lobar Subtotal 43,448,00
PCG Labor Markup 15.00% . $517.20
Materials
Material subtotal --
Material Tax 6.50%6
material Marku• 13.0 ,.
Equipment and Other Rentals
1 Eru'pr:7ent needed at receiving pit Exatvatar,PC 300 (Ma.Rasa) 3 Day $503,00 $1,509.00
Welfpoint,$" 3 Day $369.00 $1.107,00
Tronch Sox,erx16' (Ma,Rate) 3 day 436,00 $108.00
'Tato Compactor,13K Force CMO,note) 1, 0ww 961.00 461.00
pell'iery and pick 1 LS 5300,00 $300.00
•
•Rental SLiotaI
b ._�
$3,085.00
Rental Tax 6.50% $200.53
• Rental'(1Terkup,. 15.00% $192.83
Subcontracts
1 Tr!thliq rower/AO and Bore pit(sea attached tsrnaWet/n) 1 LS $20,150.110 $20,150.00
2 Tirnu delay due to umoreseen conc6tion* 2 Daye $2,032.00 $4.064.00
3 Mat 3 Days $25.00 $75.00
-
Subcordc;or Aubloal
r $24 259.00
subcontractor Markup I5,00 _ _ S9 643.35
-� ?i�t ha`nge Order Subtotal $35, 5.90
Daily Jobsita Overhead 3,00 pays $149,00 E47PA0
• Small Tool Allewnnen 2.00% 535,575,90 $723.52
$3613fi6 42
Bond Amount 2.00% -f9 3a
ge
Ch1hOrder Grendtatel )... 437,604.75
Additional Contract Time requested 7 nays. •
The items UStod above are far elaesifration 8ny,this Is a Lump Sum proporal, Thft estimate is valid for 30 drys.
wr.deetkb,n..r,.,nrh,u,rbpseadd*tint.4. ^a.,aMD3casw,.o.nrenAGenpepeM.gene.ea�e�R a>ezIeh.»a< .. -.
,
`Center�dLi,
47, CITY OF OCOEE
0Engineering/Utilities
a _ .. : 150 North Lakeshore Drive (407)905-3100, Ext. 1505
>'� Ocoee, Florida 34761-2258 (407)656-7835(Fax)
CHANGE ORDER NO. 002
CITY OF OCOEE
PROJECT NO.: 0E-387/3.0
DATE: November 11,2004 CONTRACTOR: Prime Construction Group, Inc.
AGREEMENT DATE: May 4 2004
The following changes are hereby made to the CONTRACT DOCUMENTS.
Original CONTRACT PRICE $1,097,000.00
Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER $1,101,250.00
Net Increase (Decrease) Resulting from this CHANGE ORDER $37,603.75
The current CONTRACT PRICE including this CHANGE ORDER $1,138,853.75
ORIGINAL CONTRACT TIME:
300 _Consecutive Calendar Days from Notice to Proceed Dale: June 7. 2004
Current CONTRACT TIME adjusted by previous CHANGE ORDERS Date: April 5, 2005
Net Increase Resulting from this CHANGE ORDER Days: -7-
Current CONTRACT TIME Including this CHANGE ORDER Date: April 12,2005
CHANGES ORDERED:
I. GENERAL
This change order is necessary to cover changes in the work to be performed Under this Contract
The GENERAL CONDITION,SUPPLEMENTARY CONDITIONS,SPECIFICATIONS and all parts
of the Project Manual listed in Article 1, Definitions, of the GENERAL CONDITIONS apply to and
govern all work under this change order.
II. REQUIRED CHANGES
CO2-01 Required changes include the 12-inch gate valve to accommodate necessary piping
reconfiguration of the existing watermain located along the east side of Maguire Road in
front of the Hess Station. Seven days will be added to the contract term as a result of this
change.
lll. JUSTIFICATION
CO2-01 Lowering the depth of the jack and bore allows the proposed construction to be performed
without conflicts with other utilities. The proposed depth elevation of the jack and bore
crossing conflicted with existing Sprint conduit(s) Raising the elevation of the jack and
bore was evaluated and would have remained in conflict with other utilities Additional
time requested includes 2 days for delay of start of work and 5 additional days to perform
work (additional dewatering, excavation, embankment and installation/removal of extra
sheeting and shoring).
IV. NARRATIVE OF NEGOTIATIONS
CO2-01 Contractor provided lump sum cost of$37,603 75 as shown in the proposal dated October
6, 2004 Subsequent proposals from the subcontractor (Trujillo Construction) showed an
increase in cost Discussion between the Contractor and PEC, Inc., on October 13, 2004
addresses that the original contract amount of$37,603 75 be reflected as the final cost for
the jack and bore. PEC, Inc., recommends acceptance of the cost proposal by signature
of the Change Order No.02.
V. PAYMENT
Net Increase Net Increase
Change Order Description (Decrease) Unit Unit Price (Decrease)
Item No.
Quantity Price
CO2-01 Lower the elevation of the jack and AU LS $37,603 75 $37,603.75
bore crossing of Maguire Blvd
Total Net Increase(Decrease)Change Order No. 002 $37,603.75
VI.. APPROVAL AND CHANGE AUTHORIZATION
This proposed change to the Contract is to be approved by the Ocoee City Commission.
Acknowledgments:
The aforementioned change, and work affected thereby, is subject to all provisions of the original contract
not specifically changed by this Change Order;and,
It is expressly understood and agreed that the approval of the Change Order shall have no effect on the
original contract other than matters expressly provided herein.
CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the
adjustments in Contract Price and Time shown hereon constitute full and complete compensation and •
satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result
of this Change Order. No other claim for increased costs of performance or modifications of time will be •
granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR hereby waives
and releases any further claims for cost or time against the OWNER arising from or relating to the matters
or Work set forth or contemplated by this Change Order.
•
RECOMMENDED BY: ACCEPTED BY:
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
By:_ By: _
(Signature) (Signature)
Date: Date:
Title: Title:
APPROVED BY:
CITY OF OCOEE, FLORIDA
Owner
By:
S Scott Vandergrift, Mayor (Date)
Attest:
Jean Grafton, City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON
AND LEGALITY THIS DAY OF , 2004 UNDER
, 2004. AGENDA ITEM NO._
FOLEY&LARDNER
By: _
(City Attorney)
END OF SECTION
10/00/2004 10:43 yAx 4078568^0Y PRIME CONSTRUCTION k8002
-- -----'
--Change Order Proposal '
Change Request Nu: 477-01. Date: 6-0ut04 �
OwnerReference:
ov*.mipUo: Lnwer Jack and Bore to avoid Sprint
• Duct Bank(rdeeper)
nom�,!o -e)onnti,txUnit Unit Price Ex*n*n --
PCG Labor with Burden
1Vista additional trench shoring for u^epw
Jack and ov* Foreman,Pion 1 2 Days s3oo00 $rov"v '
zExcavate and backbit additional depth*receiving pit op","t"r,Track e,^"vnto, 1 2 c*r;t 1324a0 5613.00 �
3 ��wo�m=�=�m"�w�w' Operator,Loader 1 2 m ,��ou $526 GO
Moe Layer 1 2 Days *zoann VAC,00
'
�".ma".ao 1 2 v+^ 3243 00 311i0.00
Laborer,:,:ulleil 1 2 Days 1pm00 $0,15 00
_ '-_--- .__- • — '---_- - _---_-- .
an o
. pooum=M�=» 15.00% ��/�
— - ---- '
'—|
• Materials �
-- _--_--_ ---_-__''--___._-_ ___ -_---_--
Material,ubmta/
Material Tax asm%
____� _ �____ _______ ___Newell:11 Mmrkp 15.00% — _---- _ -_------
Eopiprnent and
/Other
/Rentals Excavator, �~°^�w � o^, �n*000 /s"y»»
xcn"/^�;"� "~**" "^' '`='«'' - /
�p»"t� s 3369 00 31,107-00r�"c^Box,4uor..,*�
' 3 cw, $30.00 1108.00uuww."��13K��" 'w"n=* 1 o= 301 00 $01.00
��°,~�'�m � � IP. $a�� 3300-00
-- — — ----- -- -----------'— ��mo
��J�J��
Rentn1»" o50% 3200.'$3
__.---_-_-__.' � '- __' «=��"*,r_ _��vff __$�z,m
Subcontracts
1 Trujillo Lower J=k""^oo"p*("=owc °//"""fol"°") 1 L$ $7m.cmoo 320'150_00 �� ;
s�.../m,vom*""w"�"".c�.mm"" 2 u*^ $2,032 00 14004.00 --
s ttim 3 Days $7.5 00 375 00
-----------'' --�-------- —
--- -��----- -------' �m
S
nv^*w����r-- --- 15.00% .__._ ^���.o5 /
----�-- ----- --- ' ---- Change Order Subeontraetnr Medal() $35'07*90
m|h�om�n�m�u xxw o�� $159.00 3477 00
|
y.""oTrull^o"°"""" '»o% 535,675 90 $713.52
_.$36,6ticy12
�
o^^dx�* nt 2*�� _,3. 23�vx/ /
/0/0042004 10:43 FAR: '1.0785661,12 PRIME CONSTRUCTION x003
—.J.R/m./YNNa 23:47 86329 3 TRUJIL.Lf1 COWT' PAGE 61/kin
/ TRUJILEÔ7
k 29
/cosTRUCituN / 248 Spirit Lake Pd. West
'in 'ra. Haven, FL 3
- x ->:= lac ll�linter 3880
PH. (863)293-8773 State Lz,ceria<>. CII' C044234
October 4,2,004
Tom l'u4cy
Prim e Crn t ction
I'.0.Box 59090
d rlandO,FL 3'215244507
Re: g.eclairaed Water Booster;f'innping Facility
City:of°epee,'FL
Contract Na.Q -375-2.1
•
. Dear Tom:
As you know,while selling up ourjacliug.pit on the above ret'erenccd;project we
encountered a Spr"nnt fiber optic cable in dix-ect eonIllet with our 3a"steel easing,We
have c n p:iled.projeeted additi•ooal costs.We can probably establish a Jinn added cost as
soon as a elcx ision has been made as to how we are to proem/i wi h this installation.
Thu and•George Triijillc.>discussed a couple of altemative methods to resolve this
prp1 1em.One way is for Trjilo Construction,Inc.to lower Ile ja k ng pit
approximately three(3)Leet and install the 30"steel casing continuously at that eleyation.
Tlils will require steel sheeting,kr be installed for safety as well the additional excavation.
Another solution is to raise the casing to miss above the fiber optic cables. This would
entail setting up thio toting machine at a gradient that That would allow fte..casing to dive
three(3)feet.at the terminus.This will necessitate manfaeture,installation and operation
of a stet ing assembly leading'the easing..
•
The budget estimate for the`first rniternate is$217,000;00. FolloWir.rg 9S a breakdown cif"
this umber.
•r.
Tabor: 1,500 0O
*Equipment $ 7;200;0
t2s: i $. •A54.._0
Total $20,.1.50.00
JO:1 a FAX 407856P 9. ['RTM[ CONSTRUCTION RI004
I'AUE VE-1/
TRUJILLO CON5T
1.0/W/anti 23:47 25329S.. .73
•
The budget estimate secondalter.natei 900.Fdllowiis a breakdown of this
number.
Labor 3,,t00.00
Equipment
4050.00
Afateriall-Rciat,
total $9,450 _00
'Ilese.ate strictly turd=t estimates. Iron,det.../mtuatiou a-thei1r.Luistmcetrytunetholi9
upAht:zoatts..
Also included haoyith is a breakdown of our.projected labor and ugaipment per day.
..Urcharges utifi-hog these witbe flualized upott 7escifiltion Of this situation.
Pictish let tts know as soott as;possible how to continue,
Yours truly,
kalp
411El C.,SC=
Iteaii Operations
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AGENDA ITEM COVER SHEET
Meeting Date: December 7, 2004
_ 1 - IOA
Item # k(tr, O,r\ 1-6y\
Reviewed By: 4
Contact Name: Beth Eikenberry Department Director: ;
Contact Number: 1022 City Manager:
Subject: Consideration of settlement in Case No. 04-CA-30-84, Asset Management Consultants of
Virginia Inc. v. City of Ocoee
Background Summary:
At the request of the City Manager, this item is being added to the agenda after publication, in an
effort to expedite settlement.
Issue:
Should the Commission approve the settlement in Case No. 04-CA-30-84, Asset Management
Consultants of Virginia Inc. v. City of Ocoee in the amount of $2,000.00?
Recommendations
Staff recommends $2000.00 payment in full and complete settlement of the case
Attachments:
Letter from John R. Hamilton, Assistant City Attorney
Financial Impact:
$2000.00
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
• Commission Approval
❑ Discussion&Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
FOLEY
FOLEY&LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0616
TO: The Honorable Mayor and City Commissioners the City of Ocoee
FROM: John R. Hamilton, Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: December 3,2004
RE: Asset Management Consultants of Virginia. Inc. v. City of Ocoee, Case No. 04-
CA-30-84: Authority Sought for Offer of Judgment
This lawsuit was filed on March 30,2004, and it is pending in the Circuit Court of
the Ninth Judicial Circuit, in and for Orange County, Florida. The plaintiff, Asset Management
Consultants of Virginia, Inc., sued the City to obtain refunds of Interim Services Fees that
numerous entities paid to the City over the course of several years. The fees were charged
pursuant to Sections 90-1 through 90-9 of the City Code. The entities that paid the fees assigned
their refund rights, if any, to the plaintiff.
The City suspended its imposition and collection of Interim Services Fees at a
City Commission meeting held on August 17, 1999. Since that time, the City has not charged or
collected any Interim Services Fees. For that reason, we believed the plaintiff's claims were
barred by virtue of the applicable four-year statute of limitations, and we therefore filed, on the
City's behalf, a motion for summary judgment based upon that ground. The motion was
scheduled to be heard on December 13, 2004.
At its meeting on June 15, 2004, the City Commission authorized us to serve the
plaintiff with offer of judgment, pursuant to which the City offered to pay the plaintiff a total of
$1,000 to settle the case. We submitted such an offer of judgment, but the plaintiff did not
accept it.
Thereafter, the plaintiff offered to accept $8,890 from the City in full settlement
of the plaintiff's claims. In response, Rob Frank authorized us to agree to a payment from the
City in an amount up to $5,000. We therefore communicated to the plaintiff's counsel an offer
by the City to pay$2,000 in full and complete settlement of the case. The plaintiff has accepted
006 354732.1 FOLEY&LARDNER LLP
FOLEY
that offer. We now request that the City Commission approve a payment to the plaintiff in that
amount,after which the lawsuit against the City will be dismissed with prejudice.
We recommend the settlement because we believe it makes economic sense for
the City. Specifically, even though, in our opinion, the City's pending motion for summary
judgment is meritorious, we have no guarantee that the trial court will grant the motion, and, if it
does not, the resulting costs, expenses, and attorneys' fees to the City would exceed the proposed
settlement amount. In addition, even if we could be certain that the City would prevail on its
motion for summary judgment, the City would still likely incur more than $2,000 in costs,
expenses, and attorneys' fees in proceeding with the motion and in defending against the
plaintiff's expected appeal from the resulting judgment in the City's favor. Moreover, even if
the City has a legal right to recover its costs, expenses, and attorneys' fees from the plaintiff, the
solvency of the plaintiff is questionable at best, and the City would undoubtedly incur more than
$2,000 in pursuing the collection of such a recovery.
RECOMMENDATION:
It respectfully is recommended that the City Commission authorize the City Attorney to
complete a settlement of this case through a payment of$2,000 by the City to the plaintiff and to
file such additional documents as may be necessary in connection therewith.
2 FOLEY&LARDNER LLP
ATTORNEYS AT LAW
006.354732.1