Agenda 11/12/2013 Item #16K2QQ
11/12/2013 16.K.2.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board Of County Commissioners, against Bay Electric of Collier, Inc. and Bentley
Electric Company of Naples, FL, Inc. In The County Court Of The Twentieth Judicial
Circuit In And For Collier County, Florida, to recover damages to the County's 8" force
main line in the Kensington Development, in the amount of $7,569.68, plus the costs of suit.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit on behalf of the Collier County Board of County Commissioners, against Bay Electric
of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc. in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages to the County's
8" force main line in the Kensington development, in the amount of $7,569.68, plus the costs of
suit.
CON-_ SIDERAT'IONS: In and around October 2012 Bay Electric was engaged by someone or
some entity other than the County to perform work in the Kensington development in Collier
County, Florida, which included, inter alia, the excavation and replacement of bases for street
lights. Bay Electric in turn engaged Bentley Electric to drill, bore and excavate for that purpose.
Prior to October 12, 2012, Bay Electric, pursuant to Fla. Stat. Ch 556, called to acquire a
"locate" for underground utilities for, among other areas, the area around Kensington High Street
and Manchester Ct. in Kensington. The County timely responded and marked the area with
double painted bright green arrows, and with bright green flags. On October 12, 20122 Bentley
Electric drilled, bored, and excavated in the area, in violation of Fla. Stat. 556.105 (d) (5),
causing a breach in the County's 8" force Main line in the area, flooding the area with water.
The County was called and was forced to repair the damaged line at a cost of $7,569.68. Both
Bay electric and Bentley Electric have refused and continue to refuse to pay the County's repair
costs. The County has no other recourse for recovery of the costs other than to proceed with
litigation.
FISCAL IWACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director
opine that the County has no other recourse for recovery of the costs incurred for the recovery of
the County's repair costs in the sum of $7,569.68. - 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 Bay Electric of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc. in the
County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover
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11/12/2013 16.K.2.
damages to the County's 8" force main line in the Kensington development, in the amount of
$7,569.68, plus the costs of suit.
PREPARED BY: Joel Hollocher, Risk Analyst
Kevin L. Noell, Esq., Assistant County Attorney
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11/12/2013 16.K.2.
''` COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board Of County Commissioners, against Bay Electric of Collier, Inc.
and Bentley Electric Company of Naples, FL, Inc. In The County Court Of The Twentieth Judicial
Circuit In And For Collier County, Florida, to recover damages to the County's 8" force main line
in the Kensington Development, in the amount of $7,569.68, plus the costs of suit
Meeting Date: 11/12/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
10/17/2013 8:35:15 AM
n Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 10/17/2013 8:45:11 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 10/22/2013 4:09:13 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 10/23/2013 11:30:54 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/23/2013 2:36:25 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/30/2013 4:31:51 PM
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