Agenda 09/11/2012 Item #16K79/11/2012 Item 16.K.7.
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement prior to trial in the lawsuit entitled
Board of County Commissioners, Collier County, Florida, v. Anderson Columbia Company,
Inc., and AJAX Paving Industries, Inc., d/bla AJAX Paving Industries of Florida, LLC, all
d1bla ACCI /API Joint Venture, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida (Case No. 11- 2087 -CA) to settle for the sum of $30,000 and authorize the
Chairman to execute the Settlement Agreement and Release.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by the County
against Anderson Columbia Company, Inc., and AJAX Paving Industries, Inc., d/b /a AJAX
Paving Industries of Florida, LLC, all d/b /a ACCUAPI Joint Venture, ( "ACCI ") for the sum of
$30,000.00 and authorize the Chairman to execute the Settlement Agreement and Release.
CONSIDERATIONS: On May 5, 2008, pursuant to a request made through the Sunshine
Network by Bob's Barricades, Inc., the County sent a locate person to Immokalee Road just west
of I -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
ACCUAPI 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 flooding in the area. The County was
required to call in emergency contracting work to repair the area. The cost of those repairs was
$63,676.09. Both ACCUAPI Joint Venture and Bob's Barricades, Inc. were contacted by Risk
Management and by the County Attorney's Office. Both parties refused to reimburse the County
for the repairs, and as such the County filed a lawsuit in the Circuit Court.
The parties have agreed to settle this case for $30,000.00, with each parry to bear its own fees
and costs. This recommendation is based on the potential costs associated with trying this case
which include the County retaining an expert witness and deposing two expert witnesses (one for
each party). Accepting this settlement will conclude this case. The County will file a voluntary
notice of dismissal with prejudice.
FISCAL IMPACT: The settlement to be received by Collier County amounts to $30,000.00,
which will be revenue deposited into the Risk Management Department Property and Causality
Claims Fund 516 Cost Center 121650- 369130.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This Settlement Agreement has been reviewed and approved
by the Risk Management Department and County Attorney's Office. In this case, the cost to
proceed to trial would likely near the settlement amount of $30,000.00. There is a potential risk
associated with trying any case. This item requires majority vote and is legally sufficient for
Board action. - CMG
RECOMMENDATION: Recommendation to approve the mediation settlement in the lawsuit
captioned Board of County Commissioners, Collier County, Florida, v. ACCI, (Case No. 11-
2087-CA), to settle for the total settlement amount of $30,000.00 and authorize the Chairman to
sign a Settlement Agreement and Release.
Prepared by: Colleen M. Greene, Assistant County Attorney 11- 2087- ca/5190
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7.
9/11/2012 Item 16.K.7.
Item Summary: Recommendation to approve a Settlement Agreement prior to trial in the
lawsuit entitled Board of County Commissioners, Collier County, Florida, v. Anderson Columbia
Company, Inc., and AJAX Paving Industries, Inc., d /b /a AJAX Paving Industries of Florida, LLC, all
d /b /a ACCI /API Joint Venture, filed in the Twentieth Judicial Circuit in and for Collier County,
Florida (Case No. 11- 2087 -CA) to settle for the sum of $30,000 and authorize the Chairman to
execute the Settlement Agreement and Release.
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
9/4/2012 10:10:55 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 9/4/2012 10:28:49 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 9/4/2012 11:13:55 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 1:14:36 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/4/2012 2:39:11 PM
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9/11/2012 Item 16.K.7.
GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, that THE BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), for and in
consideration of the sum of Thirty Thousand Dollars ($30,000.00), and other good and valuable
consideration, received from or on behalf of ANDERSON COLUMBIA COMPANY, INC. and
AJAX PAVING INDUSTRIES, INC., also d/b /a AJAX PAVING INDUSTRIES OF FLORIDA,
LLC, all d/b /a ACCl/API JOINT VENTURE (hereinafter "JOINT VENTURE"), the receipt
whereof is hereby acknowledged.
(Wherever used, the term "COUNTY" and "JOINT VENTURE" shall include those
parties specifically named in this release. These terms shall also include singular and plural,
heirs, legal representatives, assigns, employees, agents, servants, officers and directors,
stockholders, attorneys, representatives; employers, subsidiaries, affiliates, partners, and
predecessors or successors in interest; JOINT VENTURE also includes Bob Barricades, Inc. who
worked with, for or on behalf of JOINT VENTURE at the location of the I -75 and Immokalee
Road project where this specific loss complained of by the COUNTY occurred.)
The COUNTY hereby releases, acquits, and forever discharges JOINT VENTURE of and
from any and all manner of action and actions, cause and causes of action, suits, debts, dues,
sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments, executions,
claims, and demands whatsoever, in law or in equity, which JOINT VENTURE ever had, now
has, or hereafter can, shall or may have, against JOINT VENTURE, for events pertaining to the
COUNTY's specific claim in the case of IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL DIVISION
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9/11/2012 Item 16.K.7. -
stvled BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Plaintiff.',
v. ANDERSON COLUMBIA COMPANY, INC. and AJAX PAVING INDUSTRIES, INC., also
dfb /a AJAX PAVING INDUSTRIES OF FLORIDA, LLC, all d/b /a ACCl/API JOINT
VENTURE, Defendants., Case No. 11- 02087-CA, which shall include any claims for attorney's
fees and costs.
The COUNTY represents to JOINT VEN'T'URE that the COUNTY is the only one
entitled to the settlement funds and that there are no liens or claims made against these funds by
any other party.
It is further understood and agreed that this settlement is the compromise of disputed
claims and that the payment made is not to be construed as an admission of liability on the part
of JOINT VENTURE, which expressly denies any liability for this action.
It is further understood and agreed that no promise or agreement not expressed within the
written terms of this document has been made to the COUNTY as an inducement to enter into
this agreement and that this General Release contains the entire agreement between the parties to
it and that the terms of this Release are contractual and not a mere recital.
Dated:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
p roved as to form and legal sufficiency:
1
•:,,v , Cc>11een M. Greene
Assistant County .Attorney
1 1 - 2087- GV5188
By:
Fred W. Coyle, Chairman
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