Agenda 01/22/2013 Item #16K2 1/22/2013 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to authorize an increase in the purchase order for Carlton Fields,P.A., in the case
of Collier County v. John Reynolds& Sons,Inc., et al., Case No. 10-6658-CA(South Reverse Osmosis
Raw Water Wellfield Pipeline Project No. 70030)(Fiscal Impact an additional $200,000).
OBJECTIVE: That the Board of County Commissioners authorize an increase to the Purchase Order for
outside counsel Carlton Fields, P.A., in accordance with Collier County's Board approved retainer
agreement with Carlton Fields, P.A., to provide continued litigation services in the case of Collier County
v. John Reynolds &Sons, Inc., et al., Case No. 10-6658-CA.
CONSIDERATIONS: Collier County retained the law firm of Carlton Fields to assist as co-counsel in
the above-referenced lawsuit, which seeks damages incurred as a result of failures pertaining to the
construction of the South Reverse Osmosis Wellfield pipeline. The County initially sued the contractor,
John Reynolds & Sons, Inc. and its surety, Travelers Casualty and Surety Company of America. Since
the original filing of this action, the County amended its complaint to include Camp Dresser & McKee,
Inc., Greeley and Hansen, LLC and Hazen and Sawyer, P.C.; all engineering firms involved in either the
design or providing construction engineering inspection services on the project. Including the County,
there is now a total of twelve parties involved in this complex litigation; which involves numerous claims,
witnesses, experts, and the defense of a counterclaim asserted by Reynolds against the County. The
County's damages are estimated at over $9,000,000. The litigation has involved written discovery
involving hundreds of thousands of documents and the depositions of witnesses that are critical to
proceeding to trial or advancing settlement discussions among the parties. An April 2013 mediation date
is currently being coordinated.
Staff is requesting an increase in the purchase order for Carlton Fields, P.A., to provide for its continued
representation on this matter through trial, if necessary. It is difficult to ascertain with particularity how
much outside counsel fees may total in this case due to uncertain variables such as: (1) the number of
depositions initiated by the other parties, (2) discovery initiated by the other parties, (3) the approach of
other counsel, (4) duration of trial, if applicable, and (4) other complicating factors. In the three years
since the county retained Carlton Fields on this complex case, the county has paid approximately
$385,000 in costs and fees. It is believed that total fees and costs could roughly range between 7-8% of
the total amount of damages sought. The County is seeking to recover its costs and attorneys' fees, as
part of its claim for damages, as provided for in the agreements the County entered into with the
defendant contractor and engineers. At this time, Staff is requesting Board authority to increase the
current purchase order by $200,000.00.
FISCAL IMPACT: Funds in the amount of $200,000 are budgeted in the South RO Wellfield Raw
Water Transmission Main Repair Project, 70030. Source of funds is Water User Fees (412).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for Board approval—SRT.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes an increase to the
existing purchase order for Carlton Fields, P.A., for an additional $200,000.00 for services provided in the
case of Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10-6658-CA (South Reverse
Osmosis Raw Water Wellfield Pipeline Project No. 70030).
PREPARED BY: Scott R. Teach,Deputy County Attorney
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1/22/2013 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to authorize an increase in the purchase order for
Carlton Fields, P.A., in the case of Collier County v.John Reynolds &Sons, Inc., et al., Case No.
10-6658-CA (South Reverse Osmosis Raw Water Wellfield Pipeline Project No. 70030) (Fiscal
Impact an additional $200,000).
Meeting Date: 1/22/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/11/2013 12:26:40 PM
Approved By
Name: Joseph Bellone
Title: Manager-Utility Billing&Cust Serv.,Utilities F
Date: 1/14/2013 10:24:51 AM
Name: YilmazGeorge
Title: Administrator,Public Utilities
Date: 1/14/2013 11:20:15 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 1/15/2013 11:16:34 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/15/2013 12:00:11 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/15/2013 1:20:43 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
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1/22/2013 Item 16.K.2.
Date: 1/15/2013 2:01:09 PM Avok
Name: OchsLeo
Title: County Manager
Date: 1/15/2013 2:06:52 PM
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