Agenda 01/12/2021 Item #16K3 (Civil Action Against Mammoth Construction)01/12/2021
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney’s Office to file a civil action in Circuit Court in
Collier County to recover damages against Mammoth Constructors, LLC and any other parties
determined to be liable for damage to a County 24” wastewater force main at the northwest corner
of the intersection of Davis Boulevard and County Barn Road while drilling a signal mast
foundation shaft for an FDOT Roadway Improvement Project.
OBJECTIVE: For the Board to authorize the County Attorney’s Office to file a civil action to recover
damages against Mammoth and any other parties determined to be liable in connection with damage to a
Collier County force main during work on Federal Project ID 433173-1-52-01.
CONSIDERATIONS: On or about January 31, 2017, Preferred Materials was working as the General
Contractor on FDOT traffic signal improvements at the intersection of Davis Boulevard and County Barn
Road. Mammoth Constructors was operating as a subcontractor to Highway Safety Devices, which entity
was operating as a subcontractor of Preferred Materials. Mammoth Constructors was drilling a shaft for
the foundation of a new signal mast on the northwest corner of Davis Boulevard and County Barn Road
when it struck a County 24” wastewater force main causing significant damage and a release of raw
sewage. Prior to the drilling, the area had been marked by Collier County Stakes & Locates for utilities
as required by Ch. 556, Fla. Stat. In addition, the Public Utilities Engineering & Project Mana gement
Division procured the services of Earth View, LLC to perform vacuum excavation (“soft digging”) to
physically spot its transmission mains in the vicinity of the mast location prior to Mammoth drilling.
Earth View installed vertical PVC pipe markers along the edges of three pipes near the staked signal mast
location and identified each pipe and its depth below ground. Mammoth claims that either the area was
not marked, or it was not properly marked. The County denies this defense.
Mammoth’s auger struck a 90-degree bend on the 24” force main, causing significant damage and release
of raw sewage. The County’s contractor, Haskins, Inc., helped the Wastewater Division complete the
repair. The total cost for Haskins’ emergency purchase order was $654,562.56, including sewage hauling
work performed by Southern Sanitation, Inc.
The County’s Risk Management Division demanded reimbursement for the repairs from Mammoth and
its insurance provider, Amerisure Insurance. All County efforts to negotiate or sett le this claim have been
futile.
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 PUD Fund 408; Cost Center
210120.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for Board approval. - CMG
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney’s
Office to file a civil action to recover damages against Mammoth Constructors, LLC and any other parties
determined to be liable in connection with damage to a Collier County 24" wastewater force main during
work on Federal Project ID 433173-1-52-01.
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
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01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 14618
Item Summary: Recommendation to authorize the County Attorney’s Office to file a civil action
in Circuit Court in Collier County to recover damages against Mammoth Constructors, LLC and any
other parties determined to be liable for damage to a County 24” wastewater force main at the northwest
corner of the intersection of Davis Boulevard and County Barn Road while drilling a signal mast
foundation shaft for an FDOT Roadway Improvement Project.
Meeting Date: 01/12/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
12/29/2020 4:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/29/2020 4:19 PM
Approved By:
Review:
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 12/30/2020 9:24 AM
Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 12/30/2020 10:27 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/30/2020 11:05 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/30/2020 11:55 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/30/2020 12:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/31/2020 9:05 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/31/2020 3:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
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