Agenda 06/12/2012 Item #16K2Proposed Agenda Changes
Board of County Commissioners Meeting
June 12, 2012
Move Item 16A16 to Item 11G: Recommendation to accept staffs progress report for locating a potential
All Terrain Vehicle (ATV) site and that the Board adopt the proposed Resolution establishing the Collier
County ATV Park Ad Hoc Committee, which Resolution also appoints the initial members to this Committee.
(Commissioner Hiller's request)
Move Item 16A24 to Item 11H: Recommendation to award Invitation to Bid (ITB) 12 -5906: Five Year Cost
Benefit Analysis of the Ave Maria SRA (Stewardship Receiving Area) to Munilytics for a cost of $15,560.
(Commissioner Hiller's request)
Move Item 16C4 to Item 11I: Recommendation to accept the Water System Audit Progress Report and to
approve adjustments to specific water /sewer accounts to correct previously billed water /sewer charges.
(Commissioner Hiller's request)
Move Item 16F8 to Item 11F: Recommendation to authorize the County Manager to reorganize certain
functions within the County Manager's Agency to align strategic goals, optimize resources, and combine
expertise under a balanced organizational structure. (Commissioner Hiller's request)
Move Item 16G1 to Item 14A1: Recommendation that the Board of County Commissioners, acting in its
official capacity as the Airport Authority, award Bid No. 12 -5822 USDA Immokalee Building Build Out in
the amount of Two Hundred Ninety Six Thousand Ninety -Nine Dollars ($296,099) to One Source
Construction Company & Builders, Inc., pending USDA approval. (Commissioner Hiller's request)
Move Item 16G2 to Item 14A2: Recommendation to approve the conveyance of an Easement to Lee County
Electric Cooperative for providing electric service to the Turbo Services Inc. leased site at the Immokalee
Regional Airport located at 190 Airpark Boulevard, Immokalee at a cost not to exceed $27. (Commissioner
Hiller's request)
Move Item 16K2 to Item 12A: 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). (Commissioner Hiller's request)
6'12!2vi2lterr I.K.Q.
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 the 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 ten 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. Written discovery is ongoing with depositions of
witnesses to commence in the near future.
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 more than two
years since the county retained Carlton Fields on this complex case, the county has paid just under
$240,000 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 requests Board authority to increase the current
purchase order by $200,000.00 and it will report back to the Board incrementally if additional resources
are required going forward.
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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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: 6/12/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/31/2012 4:17:00 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/31/2012 5:06:37 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 5/31/2012 6:44:35 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:21:41 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/5/2012 3:28:29 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/5/2012 3:43:14 PM
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