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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. - PREPARED BY: Colleen M, Greene, Assistant County Attomey 1 O~RMG~OOl72/47 Packet Page -2462- 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 Packet Page -2463-