Submitted By: William E. Sexton, City Attorney
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Presentation By: William E. Sexton
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Department: City Attorney
FORMAL TITLE:
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Approval of settlement in the matter of City of Ocala, Florida versus FiberPro Network Services, LLC, with a proposed settlement amount of $110,000 payable to the City of Ocala, Florida
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OCALA'S RELEVANT STRATEGIC GOALS:
Choose an item., Fiscally Sustainable
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On or about November 3, 2022, FiberPro Network Services, LLC ("FiberPro") was installing underground conduit for fiber optic cable along SE 25th Avenue near the intersection of SE 14th street through use of directional boring. While FiberPro and its subcontractor were directional boring in the City's right-of-way on SE 25th Avenue, their drill struck a 12" reclaimed water line, which caused a spill of thousands of gallons of reclaimed water and damaged the above roadway. The City, through its contractors, completed emergency repairs of the water line and completed extensive resurfacing of the roadway at the City's total expense of $196,235.99.
Through its investigation of the claim, the City learned that FiberPro failed to obtain a right-of-way permit from the City which would have permitted said drilling to take place. However, FiberPro contends that the City had notice of the project because it responded to FiberPro's request for utility locate markings through the "811 Sunshine" process. The City did, indeed, respond to the area to mark its utility lines in the area. However, FiberPro contends that the City failed to adequately mark the reclaimed water line that was struck; thus, FiberPro claims it was unaware of the reclaimed water line and denies liability. FiberPro further disputes liability because it claims that any negligence in carrying out the drilling is attributable to its subcontractor, Zaldivar Conduit Installers, LLC, an entity which dissolved soon after the incident.
The City's damages ar...
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