Approval to accept Settlement Offer in the amount of $275,000 to the City, execute Settlement Agreement and Release in City of Fort Pierce v Petroleum Marine Consultants LLC and RGD & Associates, Inc. for underground fuel tank claim and dismiss the case.

The City filed suit against Petroleum Marine Consultants, LLC and RGD & Associates, Inc. in 2014 to recover damages as a result of the faulty design and installation of the fuel tank at the Fort Pierce City Marina.  During the excavation of the old tank, it was discovered that the outer shell of the tank cracked because of the improper bedding material used by the installer.  The Offer of Settlement of $275,000.00 includes a dollar for dollar recovery of the full replacement cost of the fuel tank paid by the City.
 

Approval for the following items:
     1.  Acceptance of the Settlement Offer in the amount of $275,000.00;
     2.  Authority to execute the Settlement Agreement and Release; and
     3.  Authority to dismiss the case including termination of litigation.
 

Denial of Settlement Offer which will increase expenses and prolong litigation.

James M. Messer, City Attorney

Nicholas C. Mimms, P.E., City Manager
Johnna Morris, Finance Director