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File #: 140134.    Version: 1 Name:
Type: Staff Recommendation Status: Passed
File created: 7/8/2014 In control: City Commission
On agenda: 7/17/2014 Final action: 7/17/2014
Title: RETENTION OF BACHARA CONSTRUCTION LAW GROUP TO REPRESENT THE CITY IN CONSTRUCTION CONTRACT DISPUTES REGARDING DEPOT PARK POND AND PUMP STATION (NB)
title
RETENTION OF BACHARA CONSTRUCTION LAW GROUP TO REPRESENT THE CITY IN CONSTRUCTION CONTRACT DISPUTES REGARDING DEPOT PARK POND AND PUMP STATION (NB)

explanation
On November 13, 2012, the City of Gainesville through its Public Works Department, entered into a construction contract with the low bidder, R.E. Arnold Construction, Inc. (Contractor) for the construction of a regional stormwater facility on a 35 acre brownfield site known as Depot Park. The contract work included construction of a lined stormwater pond, including a concrete retaining wall and forebays, a stormwater pump station and associated structures and piping. The work also included trails, landscaping, and wetland creation and restoration work.

During the term of the contract, the City and the Contractor have had ongoing disagreements over change orders, contract prices, and completion dates. After months of negotiations between City staff and the Contractor, it became apparent that the parties would not reach an amicable resolution prior to the expiration of the construction contract (The construction contract expired April 23, 2014). The Public Works Department and the City Attorney's office determined that outside counsel, familiar with construction law, would best represent the City in resolving these disputes. City staff sought legal counsel who could assist in reaching agreement with the Contractor and could continue to advise the City in the event litigation was necessary.

The City Attorney's office interviewed three law firms. Bachara Construction Law Group was selected after being interviewed. The firm was recommended by other attorneys and by clients of the firm. Attorneys Brian Crevasse and Chip Bachara of Bachara Construction Law Group are both Board Certified Construction Law attorneys. Chip Bachara is also a state certified civil court mediator. Together they were instrumental in helping Public Works reach an agreement with the Contractor that resolved the confli...

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