3336823v1
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
March 19, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Flatiron West, Inc. v. City of Oakland
Alameda County Superior Court Case No. RG19041029
City Attorney File No. 33689
(Departments of Transportation and Public Works – Breach of Contract) President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the C ity Attorney has prepared and requests your approval of a resolution authorizing compromise a nd settlement of the above-entitled lawsuit for payment to the City in the amount of $250,000 .00 and a release of all claims by all parties, except any claims the City may have in the future for latent defects of the public improvement project known as the Replacement of Embarc adero Bridge over Lake Merritt Channel (the “Project”).
This lawsuit arises out of the Project. The City contracted with Plaintiff Flatiron West, Inc. (“Flatiron”) to serve as the general contract or for the Project. Flati ron alleges that the City breached the contract and is indebted to Flati ron for the sum of “at least $3.3 million,” including damages allegedly for unpaid work Flatiron per formed to complete the Project, and delays allegedly caused by the City. The City filed a cross-complaint for damages against Flatiron, as well as against T.Y. Lin International, AECOM, AECOM Technical Services, Inc., and T.Y. Lin International/AECOM, the joint venture that designe d the Project. The City has determined to settle and resolve the lawsuit by agreeing to accept payment of $250,000.00, with a release of all claims by all parties, except any claims the City may have in the future for latent defects.
The City Council authorized settlement of th is case in Closed Session on Thursday, March 7, 2024 (moved by Councilmember Noel Gallo and seconded by Councilmember Dan Kalb - 6 Ayes, 2 Excused - Councilmembers Janani Ramachandran and Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Kevin P. McLaughlin
Respectfully submitted,
BARBARA J PARKER