Agenda 04/12/2011 Item #16K4
4/12/2011 Item 16.KA.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, against ACCIfAPI Joint Venture and Bob's
Barricades, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County for the repair to a water force
main damaged by them in the amount of $63,676.09, plus costs of litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney
to file a lawsuit on behalf of the Collier County Board of County Commissioners, against
ACCI/API Joint Venture and Bob's Barricades, Inc" in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County
for the repair to a water force main damaged by them in the amount of $63,676.09, plus costs of
litigation.
CONSIDERATIONS: On May 5, 2008, pursuant to a request made U1rough the Sunshine
Network by Bob's Barricades, Inc., the County sent a locate person to Immokalee Road just west
ofI-75 to locate any County sub-surface water utilities. The County did locate where it had a
20" water force main located. Thereafter, Bob's Barricades, Inc" who was sub-contracted by the
ACCI/API Joint Venture, which was then widening I-75, sunk into the ground a road and traffic
control sign that was placed directly on top of the County's water force main and wore a hole in
it. This caused the water force main to leak and cause 1l00ding in the area. The County was
required to call in emergency contracting work to repair the area, The cost of tl10se repairs was
$63,676.09. Both ACCI/API Joint Vcnture and Bob's Barricades, Inc. were contacted by Risk
Management and by the County Attorney's Oi1ice. Both have refused and continue to refuse to
reimburse the County for these repairs, The County has no other recourse for recovery of the
costs than to proceed with litigation.
FISCAL IMPACT: Funds are budgeted and m'ailable in tbe Risk Management Property &
Casualty Fund, Filing fees, service and process fees total approximately $500.00.
GROWTH MANAGEMENT IMPACT: Thcre is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item.
This item is legally sufficient for Board action and requires only a majority vote. - CMG
RECOMMEND A nON: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners,
against ACCI/API Joint Venture and Bob's Barricades. Inc" in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incuITed by the
County for the repair to a water force main damaged by them in the amount of $63,676.09. plus
costs of litigation.
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PREPARED BY:
Colleen M, Greene, Assistant County Attomey
1 O~RMG~OOl72/47
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4/12/2011 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16,K.4,
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against ACCI/ API Joint Venture
and Bob's Barricades, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County for the repair to a water force main
damaged by them in the amount of $63,676,09, plus costs of litigation.
Meeting Date: 4/12/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/21/2011 10:04:00 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 3/21/201] 10: 16:49 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/23/20] 1 9:55:23 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Offiee of Management & B
Date: 3/24/20119:27:17 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/28/201] 12:00:52 PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 3/29/2011 9:50:20 AM
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