Exh 8BAGENDA ITEM 8B
FEBRUARY 10, ?003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Property Damage Settlement and Release from JEA and Infratech
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo
DATE: January 29, 2003
BACKGROUND: Water, sewer and storm drainage utilities in City of Atlantic Beach were
damaged by JEA's contractor, Infratech Corporation, during construction of JEA's Distribution
Underground Cable Replacement Program in the Selva Marina area between August 6, 2001 and
October 11, 2001.
The City's actual cost to repair the damage was $45,000, and invoices were sent to Infratech,
who claimed they were not responsible for the damage and refused to reimburse the City. After
reviewing the claims and meeting with JEA, Infratech, and our City Attorney, JEA agreed to
reimburse the City a total of $31,000. The City Attorney recommended the City agree to this
settlement in order to avoid expensive legal and court costs.
JEA has asked the City to sign a Property Damage Settlement and Release Statement as part of
the agreement.
BUDGET: Funds for the repairs were expended during Fiscal Year 01-02 from the water,
sewer and stormwater accounts. The reimbursement monies will be deposited in the appropriate
water and sewer funds.
RECOMMENDATION: Authorize the City Manager to sign the Property Damage Settlement
and Release Statement.
ATTACHMENTS: Letter and Property Damage Sett~ment and Release Statement from JEA
REVIEWED BY CITY MANAGER:
AGENDA ITEM 8B
ICI;BRUAI2Y 10, 2003
J61
21 West CPu,rch Slre.el
J<icksonville, Flonda 32202-3139
January 27, 2003
Ms. Donna Kaluzniak
Utility Director
City of Atlantic Beach Florida
Department of Public Works
- 1200 Sandpiper Lane
Atlantic Beach, Florida 32233-4318
Re: City of Atlantic Beach's Property Damage Claims
- ~ Dear Donna:
Enclosed is a Property Damage Settlement and Release for the four claims
discussed during our meeting on January 15, 2003.
Please call me at 665-7781- after this Release has been signed and notarized. I
will make arrangements to have a courier return the Release to me.
Sincerely,
James D. Chapman
Director Risk Management Services
Cc: Jim Hanson
City Manager
City of Atlantic Beach
Alan Jenson
Attorney At Law
AGENDA ITEM 8B
FEBRUARY 10, 2003
J6'~
PROPERTY DAMAGE SETTLEMENT AND RELEASE
This Property Damage Settlement and Release (hereinafter called Release) pertains to
property damage to City of Atlantic Beach (hereinafter called City) caused during
JEA's Distribution Underground Cable Replacement Program (period August 6, 2001
to October 11, 2001) in the Selva Marina area.
In consideration of payment to City in the amount of $31,000.00, the City agrees to
release and forever discharge JEA and its contractor Infratech Corporation, including
their affiliates, officers, directors and employees.
This Release pertains only to the following property damage claims of the City, all
located at Atlantic Beach, Florida:
(1) Water main break on 17`~ Street and Sea Oats Drive (date of break:
August 8, 2001)
(2) Storm drain damage at 19`t' Street (discovered October 22, 2001)
(3) Sewer main damage at 19`" Street and Oak Circle (discovered
September 21, 2001)
(4) Force main damage at 17`h Street and Sea Oats Drive (discovered
March 23, 2002)
IN WITNESS WHEREOF: They have hereunto set their hands and seals in the
City of , in the State of , on this
day of
Signed, sealed and delivered in the
Presence of:
(Witness)
Sworn to and subscribed before me this
2003.
CITY OF ATLANTIC BEACH
(Signature)
day of , 2003.
NOTARY PUBLIC