Agenda 02/10/2015 Item #16K1 2/10/2015 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against F & H Electrical Contractors, Inc., d/b/a
F & H Contractors and Florida Power & Light (FPL) for $17,378.43 in damages incurred
when they damaged an 8" force main owned by the County.
OBJECTIVE: To obtain reimbursement for the County's cost in repairing an 8" force main
damaged by F & H Electrical Contractors, Inc., d/b/a F & H Contractors and Florida Power &
Light (FPL).
CONSIDERATIONS: On June 5, 2014 workers from F&H Contractors, while boring for FPL,
damaged an 8" Force Main owned and maintained by Collier County, Florida. The County had
to call emergency crews to repair the line which resulted in costs of$17,378.48. F & H has been
contacted on numerous occasions and they refuse and continue to refuse to pay these damages.
FISCAL IMPACT: Nominal legal costs, with expected recovery of$17,378.48.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. —KN
RECOMMENDATION: 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 F & H Electrical Contractors, Inc., d/b/a F & H Contractors and Florida Power & Light
(FPL) for damages incurred of$17, 378.43 when they breached an 8" force main owned by the
County.
Prepared By: Kevin L.Noe11, Assistant County Attorney
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2/10/2015 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against F & H Electrical
Contractors, Inc., d/b/a F & H Contractors and Florida Power & Light (FPL)for$17,378.43 in
damages incurred when they breached an 8" force main owned by the County.
Meeting Date: 2/10/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
1/29/2015 4:04:02 PM
Approved By
Name: WalkerJeff
Title: Director-Risk Management, Risk Management
Date: 1/30/2015 7:57:57 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/30/2015 10:29:34 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/30/2015 10:50:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2015 12:00:02 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 11:58:30 AM
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2/10/2015 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA—CIVIL DIVISION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
vs. CASE NO.:
F& H ELECTRICAL CONTRACTORS, INC.,
D/B/A F &H CONTRACTORS and FLORIDA
POWER AND LIGHT,
Defendants.
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA'S
COMPLAINT AT LAW
COMES NOW the Plaintiff BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA (hereinafter the "COUNTY"), by and through the undersigned attorney,
and presents its Complaint at Law against F & H ELECTRICAL CONTRACTORS, INC.,
D/B/A F & H CONTRACTORS (hereinafter "F & H") and FLORIDA POWER AND LIGHT
(hereinafter"FPL"), and states to the Court as follows:
1. That both F & H and FPL routinely do business within Collier County, Florida,
and at all relevant times and places set forth below were in fact doing business within Collier
County, Florida.
2. All events set forth below within this Complaint took place within Collier County,
Florida.
3. This Court has jurisdiction over all parties hereto and has jurisdiction over the
subject matter of this action.
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2/10/2015 16.K.1 .
4. On or before June 5, 2014 FPL had contracted with F & H, or had otherwise
employed them, to do excavation and/or boring work for them along, and in and around, Forest
Hills Boulevard in Collier County, Florida. At that time and place F & H was working on behalf
of and at the direction of FPL.
5. A locate ticket, pursuant to Fla. Stat. Ch. 556, was requested on May 14, 2014 for
certain addresses on Forest Hills Boulevard in Collier County at approximately 1:25 PM, and
transmitted to the County staff in order for staff to locate any underground utilities.
6. A positive response was forwarded by Collier County and received at
approximately 10:43 AM on May 15, 2014 indicating a"3N"designation.
7. This designation clearly states that the locate description was insufficient and that
white lining was required under Fla. Stat. Ch. 556.105 (5) (a). After which time, a second
notification to Collier County was required,to allow the County to go back out and locate for the
excavation.
8. The procedure, outlined in Fla. Stat. Ch. 556.105 (5) (a), was not undertaken or
performed by F & H or FPL, and the County was never notified to come back out to locate any
underground utilities the second time as required by law.
9. F & H nevertheless proceeded to excavate and bore in the areas, breaching an 8"
Force Main sewer line owned and maintained by the County, causing extensive damage to that
area and the line.
10. By proceeding to excavate and bore without engaging in the procedures set forth
in the Florida Statute, F & H, and therefore FPL, breached the statutory duty imposed, and
therefore was per se negligent, causing damages to the County.
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2/10/2015 16.K.1.
11. The County was required to call upon emergency crews to go to the site of the
damage, contain the damage, and repair the line, costing the County the sum of$17,378.48.
12. Although requested to pay these damages on numerous occasions, both F & H and
FPL have refused, and continue to refuse to pay them, necessitating the filing of this action.
WHEREFORE, the County respectfully requests the Court:
A. Enter Judgment in favor of the County for the sum of$17,378.48, plus all costs
associated with this litigation expended by the County,plus legal interest, for which let execution
issue.
B Enter said Judgment apportioning the amount(s) between the parties as the Court
deems just according to the evidence presented before it.
C. Grant such other and further relief as the Court deems just in the circumstances.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
KEVIN L. NOELL, ESQ.
Florida Bar No. 13811
Assistant County Attorney
3299 East Tamiami Trail, Suite 800
Naples, FL 34112-5749
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
E-mail Service to all addresses below:
kevinnoell @colliergov.net
thomasbaratta@colliergov.net
nancybradleya,colliergov.net
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