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County Attorney's Report 13. 3.

BCC Regular Meeting

Action

Meeting Date:	09/20/2018
Issue: Proposed Settlement in the Matter of Escambia County v. Rod Cooke Construction, Inc., et al., Case No. 2017 CA 001563
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Mediated Settlement Agreement in the Matter of Escambia County v. Rod Cooke Construction, Inc., et al., Case No. 2017 CA 001563

That the Board take the following action:

A. Approve a proposed settlement with Defendants; and

B. Authorize the Chairman to execute the proposed settlement agreement, if approved by the Board.

[THE PROPOSED SETTLEMENT AGREEMENT TO BE PROVIDED UNDER SEPARATE COVER].

BACKGROUND:

DAG Architects was awarded the design and professional consulting services contract for the Perdido Key Fire Station and Visitors Information Center (PKFS). Rod Cooke Construction, Inc. (RCCI) was awarded the contract for construction on November 17, 2011. Specifications for pavement and the retaining wall were drafted by Jehle Halstead, P.E., Civil Engineers. A geotechnical evaluation recommended seven (7) inches of pavement because of the heavy-duty traffic expected from fire trucks and apparatus. Because the geotechnical evaluation was not followed, six (6) inches of pavement were specified. However, RCCI did not pour even six (6) inches in major areas and cracking and other failures in the pavement occurred. In addition, the retaining wall began to pull away from the concrete decking.

Voluntary mediation took place on October 2, 2017 between the County, DAG Architects, Jehle Halstead Engineering, RCCI, Hartford Insurance Company, the surety for RCCI, and Pav'R Construction, the subcontractor who built the retaining wall. A second mediation conference was agreed upon after suit was filed by the County against the above entities and RCCI brought in another subcontractor who was responsible for pouring the concrete pavement. A second mediation conference was held on August 23, 2018, which resulted in a proposed settlement.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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IMPLEMENTATION/COORDINATION:

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Attachments
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