Item C14 C.14
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: C.14
Agenda Item Summary #11667
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
n/a
AGENDA ITEM WORDING: Approval of a Release For Property Damage Only and Settlement
Amount for damages sustained by a subcontractor working on the new Plantation Key Courthouse.
The Settlement Amount is for $64,658.50 which is the 100% of the expense incurred by the County
for the emergency repairs to the damaged sewer line.
ITEM BACKGROUND: On or about April 28, 2020, Stryker Electrical, a subcontractor hired by
Biltmore Construction,performed a directional boring for electrical work for the new Plantation Key
Courthouse and Detention Center and inadvertently hit and damaged a sewer line. This damage was
not discovered until after the new building was operational_ In July 2022, the toilets in the Clerk of
Courts section of the building were not flushing properly. Monroe County Facilities was directed by
Monroe County Project Management to call a plumber to snake the sewer line as a clogged toilet is
not covered by the warranty. Nationwide Plumbing was called and discovered that the lines were
full. Nationwide proceeded to pump out the system from the various manholes. During the pump out
process, broken pieces of sanitary piping were discovered indicating damage to the sewer line.
Biltmore Construction worked with Nationwide Plumbing to fix the broken sewer lines right away in
order to get the building back in service as soon as possible. The total invoice from Nationwide
Plumbing for this emergency repair was $64,658.50.
The insurance company for Stryker Electric has agreed that Stryker was at fault. The settlement offer
is for 100% of the Nationwide Plumbing invoice. Staff asks for BOCC to approve the Release for
Property Damage and Settlement Amount.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Release and acceptance of settlement amount
Packet Pg. 691
C.14
DOCUMENTATION:
Release for Property Damage_Stryker Elec damage_legal stamped
Inv. 20228726 Nationwide_Emergency Sewer Repairs_8.21.2022
FINANCIAL IMPACT:
Effective Date: 2/15/23
Expiration Date: n/a
Total Dollar Value of Contract: $64,658.50 (reimbursement of invoice)
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: 314-26008 (Plantation Key Courthouse)
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: no
County Match: n/a
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Cary Knight Completed 01/23/2023 11:28 AM
Kevin Wilson Completed 01/23/2023 11:45 AM
Joseph DiNovo Completed 01/23/2023 12:31 PM
Purchasing Completed 01/23/2023 2:16 PM
Budget and Finance Completed 01/30/2023 1:17 PM
Brian Bradley Completed 01/31/2023 8:38 AM
Lindsey Ballard Completed 01/31/2023 9:58 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
Packet Pg. 692
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RELEASE FOR PROPERTY DAMAGE ONLY
Monroe County Board of County Commissioners (herein Releasor) suffered damage to
his/her property as a result of an accident occurring on or about April 28,2020,at or near 88820
OVERSEAS HWY, TAVERNIER, FL 33070-2057 and involving STRYKER ELECTRICAL, AND
BILTMORE CONSTRUCTION, AND HIGH QUALITY UNDERGROUND SERVICES INC. (herein
Releasee(s));and Releasor is willing to release the Releasee(s)from all past, present and future
claims related to such property damage, on the terms set forth herein.
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For and in consideration of the payment of sixty-four thousand six hundred fifty-eight
dollars and fifty cents ($64,658.50), (herein the Settlement Amount), the receipt of which is
hereby acknowledged, Releasor, being of lawful age, releases and discharges Releasee(s)
from any and all claims, demands, and causes of action that Releasor ever had, has or will
have for property damage, including any loss or damages arising from such property damage,
known or unknown, arising from the above described accident.
It is understood that this release shall inure to the benefit of the Releasee(s) and the heirs,
legal representatives, successors, assigns and insurers of Releasee(s), and that this release
shall bind Releasor and his/her heirs, legal representatives, successors and assigns.
It is also understood that payment of the Settlement Amount is not to be construed as an
admission of liability by Releasee(s) or anyone else and that the Settlement Amount is made
in full, complete and final satisfaction and discharge of all claims, demands and causes of
action by reason of the damage to the property mentioned above.
Releasor acknowledges that he/she fully understands the terms of this release and that it
represents the entire agreement between Releasee(s) and him/her. i
Payment of the Settlement Amount shall be to:
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Monroe County Board of County Commissioners $64,658.50
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0002378111 Page 1 of 2
Packet Pg. 693
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THE UNDERSIGNED HAS READ OR HAD READ TO HIM/HER THE FOREGOING RELEASE
AND FULLY UNDERSTANDS AND ACCEPTS IT.
RELEASOR(S) SIGNATURE(S) ,
Releasor's Signature Date Signed
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Releasor's Signature Date Signed
WITNESSES SIGNATURE(S)
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Witness' Signature Witness' Signature
Printed Name Printed Name
Address Address
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NOTARY PUBLIC 76
STATE OF )
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COUNTY OF )
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On this day of ,20_, before me, a Notary Public in and for said
state, personally appeared who executed the
foregoing instrument and acknowledged that he/she did sign the foregoing instrument and i
that the same is his/her free act and deed.
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Notary Public
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FLORIDA STATE LAW REQUIRES US TO NOTIFY YOU OF THE FOLLOWING:Any person who
knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or
an application containing any false, incomplete or misleading information is guilty of a felony
of the third degree.
0002378111 AARPR:er F-�a A:S-F[) FORM Page 2 of 2
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COUNTY^TTORNEY
DATjjE" 1-20-2023 Packet Pg. 694
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NATIONWIDt Nationwide Plumbing Services
Monroe County Parks issued 08/21/2022 E
300 Magnolia St
Due 09/05/2022
Key Largo, I'l 33037
Phone:305-.509-.0239"Finornas
SERVICE ADDRESS:
53 High Point RD
For Services Rendered
07/20/2022
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97671 Overseas Hwy � Key Largo, FL 33037
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Packet Pg. 695
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i4ATIONWIDt Nationwide Plumbing Services
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07/20/2022 Ernergency call Ernergency call for restroorns backing up. 1 $4,500.00 $4,500.00 �
for restroorn in new building
courthouse backing up Custorner maintenance personnel stated requiring 0
approximately 400 feet of fetter in order to clear
blockage due to length of line/distance between E
the sewer line clean outs.
Nationwide plurrnbing dispatched trailer rnounted
hydrojetter and crew along with sewer inspection
carnera. Upon arrival visualized location of E
blockage, cleanouts, and property build layout.
Ran sewer inspection carnera in order to visualize
cause of blockage to be. Upon carnera inspection �
found entire length of 100 feet of sewer line which
was inspected was filled cornpletely with sewage
and debris.
Performed additional inspection of property sewer
cleanouts, and found cleanout by rrnain entrance to CN
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be entirely filled with sewage to top of clean out.
Cornrnenced opening rnanholes throughout `00
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property and found sewer rnanholes to be filled
with sewage. inspected lift station and found lift
station to be at appropriate level.Verifying that CL
blockage was in rrnain sewer lines, however there
was rocks and dirt debris on base of lift station
floor.
Blockage found to be between lift station and fiat �
rnanhole. Upon inspecting rnanhole on property,
found 2 rnanholes were cornpletely filled with dirt,
debris, tree roots, and asphalt chunks. it was
determined contractors had accidentally hit and
rnoved rnanhole cover rings and cornpletely filled �
ewer rnanholes with debris.
Purnped out, pressure cleaned, and rernoved g
debris in rnanholes in order to attempt to restore �
flow to property. Upon rnanhole cleaning, sewer i
lines were hydrojetted and found to rernove several CN
large pieces of SDR Sewer pipe. Upon advising 00
General contractor on site, it was determined CN
directional boring which was performed have cN
drilled and darnaged sewer line causing pipe
bedding p-rock and other debris to intrude into
sewer line and cause blockage.
Again sewer inspection carnera was sent through
sewer line for visual inspection and found large
arnounts of P-rock and sand in drainage line for an
extended section of sewer drainage line.
Nationwide plurrnbing personnel purnped out and
rernoved debris in order to attempt to restore flow Packet Pg. 696
to property.
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07/21/2022
07/21/2022 Thursday Dispatched FOCI and 35G excavators for to 1 $19,125.00 $19,125.00 4-
property in order to perforrn excavation and repairs
of darnage. Contractor stated exact known location E
of directional bore nearest affected rnanhole.
Excavated area of known directional bore and
found bore was run in elevated state approximately
2 feet above sewer line, at which point in tirne was E
determined second directional bore was cause of
darnage and prock intrusion.
Ran sewer carnera inspection and hydrojetter �
through additional rnanhole nearest Judges Main �
entrance. Upon running hydrojetter several tirnes
through sewer line. Nationwide plurnbing was able
to run sewer carnera and visualize location of
break and found directional bore lines which cut
through rniddle of sewer line upon drilling, and N
installation. Q
Cornmenced excavation of sewer line near second00
bore drilling hole nearest Judges entrance. Second
excavator and crew on site backfilled initial
excavated section of sewer and cornpacted to CL
previous conditions.
Excavators 5:00 am ..5:15 prn$500 per hour
$6,125
Plurnbers 5:00 am ..5:15 prn
Helpers 6:00 am ..5:30 prn$200 per hour$2,300
Hydrojetter 5:00 am ..6:15 prn$250 per hour
$3,312.50 E
Vacuurn truck 7:30 am -2:25 prn$250 per hour
$1,750
Second vacuurn truck 6:30arn .. 6:15 prn $250 per
hour$2,937.50 g
Vacuurn truck disposals$2,700
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Packet Pg. 697
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07/22/2022 Friday Excavation in second area was continued in order 1 $15,625.00 $15,625.00
to access section of sewer which was darnaged.
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Excavation was performed with both large
excavators, srnall excavators, and personnel hand E
exposing sewer line due to high voltage power
running through directional bore being live and
powering court facilities.
Located section of darnaged sewer line and
continued excavation and clearing of required
surrounding area using both excavator and hand
digging in order to not darnage any services. (gut
and rernoved section of darnaged 3" sewer line.
Performed additional excavation and clearing in
order to rnaneuver both 4-inch HDPE fusion power
lines directional bore installed. Nationwide
plurrnbing technicians were able to rnaneuver and
raise both 4-inch HDPE lines using straps and a N
crane truck in order to install new section of 3-inch
sewer line and rnake proper connections and
rnatch existing pitch. `00
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Upon repair cor"rnpletion, section which was
excavated was backfilled and cornpacted in order CL
to restore to previous conditions.Additional
hydrojetting will performed next day in order to
cornpletely flush and clean sewer lines.
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Excavators 5:30 am ..5:30 prn$500 per hour
$6,000
Plurnbers 5:30 am ..5:30 prn
Helpers 6:30 am ..5:30 prn$200 per hour$2,200
Hydrojetter 5:30 am ..5:30 prn$250 per hour E
$3,000
Vacuurn truck 6:45 am ..5:20 prn$250 per hour
$2,625
Vacuurn truck disposal $1,300
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Packet Pg. 698
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i4ATIONWIDt Nationwide Plumbing Services
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07/24/2022 Sunday Hydrojetting and sewer carnera inspection were 1 $7,112.50 $7,112.50
performed several tirnes in order to ensure proper �
functioning sewer systern.Additional rnanholes on
site were also hydrojetted and cleaned in order to
rernove residue dirt and rocks in lines. E
Upon hydrojetting cor"rnpletion, sewer carnera
inspection was performed to confirrn cornplete
cleanliness of sewer lines for property.Additional
pieces of ruptured SDR sewer line were found in E
sewer line.
Upon additional inspection was found secondary
section of sewer where directional bore nearest to
rrnain rnanhole was performed was darnaged also.
Directional boring had hit sewer line in two different
locations, during both bores on property, which
crossed affected sewer line.
Plurnbers 7:00 am .. 1:1 5prn $500 per hour CN
$3125 c�
Hydrojetter 7:00 am .. 1:15 prn
Vacuurn truck 7:00 am .. 1:1 5 prn$350 per hour 00
$2,187.50 �
Vacuurn truck disposal $1,300
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07/25/2022
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Packet Pg. 699
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i4ATIONWIDt Nationwide Plumbing Services
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07/25/2022 Monday Dispatched both large and srnaller excavators to 1 $18,296.00 $18,296.00 �
jobsite and performed excavation near rnanhole �
bore drilling. Upon sewer line location darnage was
visualized, directional bore had hit sewer line in
second location. E
Personnel on site stated upon original tirneline of
directional bore being performed, (contractor had
cornrnenced drilling and was unable to cornplete
drill frorn initial location, rnoved entire drill and E
equipment to new drill location several feet over
and cornrnenced new drilling.
Custorner cornrnents rnatch visualization of where
proposed original bore was performed to where
actual drilling was performed. Sewer line was
backfilled and cornpacted to previous conditions
on site.
Sewer line was exposed and cornpletely N
uncovered in required area for repairs to be
cornpleted. (gut and rernoved section of darnaged
sewer line and installed new section of sewer line 00
with rigid connecting couplings in order to ensure
extended service life of repair.
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Sewer line was backfilled and cornpacted to
previous conditions on site.
(continued hydrojetting of sewer line and sewer
carnera inspection in order to ensure proper flow
and function. Rernoved all dirt, rocks, and debris
frorn sewer lines and rnanholes on property.
Purnped out, deep cleaned, and pressure cleaned E
lift station in order to rernove all dirt, rocks, and
debris, frorn base of lift station base to prevent any
darnages to lift station purnps and controls.
Left property in rood running conditions as verified �
by personnel onsite. (continued hydro jetting of i
sewer line and sewer carnera inspection one last N
tirne to confirrn and ensure all affected sewer line 00
had been repaired and proper flow and had been N
restored and left fully functional.All dirt, P-Flock, N
and foreign debris frorn sewer lines and rnanholes
on property have been rernoved.
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Excavators 4:45 am ..5:30 prn 12.75 hours$500
per hour both excavators$6,375
Plurnbers 4 :45 am .. 5:30 prn
Helpers 8:00arn .. 5:00 prn$200 per hour$1,300
Hydrojetter 4:45 am ..5:30 prn 12.75 hours$250 Packet P�7O
per hour$3,1 37.50
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invoice requires that balances are due and payable on or before the due
date set forth on the invoices. If not paid by the due date, the account is
past due and in default, and finance charges will accrue until payment in �
full is made at the rate of 13%per annurrn or one and a half 1-1! % per
month or at the highest rate allowable by law. If it becorrnes necessary for 0
Nationwide Plumbing Service to undertake collections or delinquent
balances owed to Nationwide Plumbing Service by custorrner, custorrner
agrees to pay any cost of collection.
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IMoiniroe County Pairlka For SeirvIces Rendered z
309 Magnolia St IlinvoIice 'u 20228726
Key Largo, F133037 CN
Due date; 09/05/20
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Amount nt dine; $64,658.50 cN
Amount nt eincllosed; cN
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Mail to:
ationwui e PIlumbiing SeirvIces
9771 Overseas Hwy
Key Largo, FL 33037
Packet Pg. 701