Agenda 06/22/2010 Item #16K 3
Agenda Item No. 16K3
June 22, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District, approve the filing of a civil action
against Camp Dresser & McKee, Inc. (Engineering Design), Hazen and Sawyer, P.c.
(Construction Engineering Inspector), and John Reynold & Sons, Inc. d/b/a Reynolds, Inc.
(Contractor) to recover damages incurred as a result of the raw water transmission
pipeline failure at the South Reverse Osmosis Raw Water Wellfield that occurred on
February 19, 2010.
OBJECTIVE: For the Board of County Commissioners, as Ex-officio the Governing Board of
the Collier County Water-Sewer District, to authorize the filing of a civil action against Camp
Dresser & McKee, Inc. ("CDM"), Hazen and Sawyer, P.c. ("H&S"), and John Reynold & Sons,
Inc. d/b/a Reynolds, Inc. ("Reynolds") to recover damages incurred as a result of the raw water
transmission pipeline failure at the South Reverse Osmosis Raw Water Wellfield that occurred
on February 19,2010.
CONSIDERATIONS: On February 19, 2010, after less than one year in service, approximately
750 feet of 30-inch fusible PVC raw water transmission main in the South RO Wellfield
ruptured, automatically shutting down the reverse osmosis process at the South County Regional
Water Treatment Plant ("SCRWTP"). In order to identify the cause of the pipe failure and to
prevent future incidents from occurring, the Public Utilities Division commenced an
investigation headed by a team of forensic engineering consultants working for Malcolm Pirnie,
Inc. Malcolm Pirnie determined that the pipe failure occurred in at least two rapid sequential
stages, over a period of no more than a few seconds.
Malcolm Pirnie deduced that the initial failure was caused by improper bedding of the pipe in the
trench during construction; that is, the pipe was laid directly on cap rock or on a broken piece of
rock supported by cap rock, which gradually gouged the pipe wall creating a weak point causing
the pipe to rupture. Further collateral damage resulted due to air entrapped in the pipeline related
to the installation of Air Release Valves (ARVs) proposed by the contractor and approved by the
enl,>1neer of record, which did not follow the manufacturer's recommendation for the design.
The foregoing represents an abbreviated analysis of the cause of the failure a more thorough
report prepared by Malcolm Pirnie is attached hereto.
The cost to repair the pipeline at the SCRWTP and make changes to the system to avoid similar
incidents in the future could cost as much as $2,500,000. On June 8, 2010, the Board approved a
budget amendment to reallocate funds in the amount of $2,000,000.00 from reserves to the South
Reverse Osmosis Raw Water Well field Pipeline Repair Project, project number 70030; which
authorization included funds for potential legal costs in pursuing recovery of damages. County
staff is engaging in informal discussions with CDM, H&S, and Reynolds in an attcmpt to recover
damages to make the county whole and to prevent similar pipeline failures in the future but there
is a need to promptly move forward with the project to make the required repairs and bring the
system back to full operation by December 15, 2010. If an al,'feement cannot be reached with
those parties, subject to the Board's approval, authorization is sought to file a lawsuit to recover
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Agenda Item No. 16K3
June 22, 2010
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damages. Paul Ullom, outside counsel, with the law firm of Carlton and Fields will be
representing the Public Utilities Division through the firm's current contract with the County.
FISCAL IMPACT: The cost to file and serve an action in the Collier County Circuit Court is
approximately $400. Funds are available to commence a lawsuit in the Public Utilities' South
Reverse Osmosis Raw Water Wellfield Pipeline Repair Project fund, project number 70030.
GROWTH MANAGEMENT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District, authorize the County Attorney's
Office to file a lawsuit against Camp Dresser & McKee, Inc., Hazen and Sawyer, P.c., and John
Reynold & Sons, Inc. d/b/a Reynolds, Inc., to recover all damages resulting from the raw water
transmission pipeline failure at the South Reverse Osmosis Raw Water Wellfield that occurred
on February 19,2010.
PREPARED BY:
Scott R. Teach, Deputy County Attorney
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Agenda Item No. 16K3
June 22, 2010
Page 3 of 4
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Agenda Item No. 16K3
June 22, 2010
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Meeting Date:
Recommendation that the Board of County Commissioners, as Ex~officio the Governing
Board of the Collier County Water-Sewer District, approve the filing of a civil action against
Camp Dresser & McKee, Inc. (Engineering Design), Hazen and Sawyer, P.C. (Construction
Engineering Inspector), and John Reynold & Sons, Inc. d/b/a Reynolds, Inc. (Contractor) to
recover damages incurred as a result of the raw water transmission pipeline failure at the
South Reverse Osmos,s Raw Water Wellfield that occurred on February 19, 2010.
6/22/20109:00:00 AM
Prepared By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
618120103:16:00 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
6/8120103:24 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6111/2010 10:S1 AM
Approved By
Jeff Klatzkow
County Attorney
Date
6/11120103:02 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
6114/201011:10 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/1412010 12:0S PM