Loading...
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 16.K.3 Packet Pg. 1935 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 16.K.3 Packet Pg. 1936