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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