Agenda 06/11/2024 Item #16K 4 (Settlement w/Scott Commercial Contracting, LLC. for damages)06/11/2024
EXECUTIVE SUMMARY
Recommendation to approve a $24,408.52 full value settlement with Scott Commercial Contracting, LLC, for
damages caused to a 16-inch potable water main near the intersection of Tamiami Trail North (U.S. 41), 107th
Avenue North and Creekside Boulevard, for County Court Case No. 24-CC-0443; and authorize the
Chairman to execute a standard form release.
___________________________________________________________________________________________
OBJECTIVE: To recover the money spent by Collier County to repair a water main damaged by a negligent
FDOT subcontractor.
CONSIDERATIONS: On or about March 24, 2020, workers for Scott Commercial Contracting, LLC, damaged a
16-inch County potable water main while performing a directional bore as a subcontractor on an FDOT project near
the intersection of Tamiami Trail North (U.S. 41), 107th Avenue North and Creekside Boulevard. The County was
required to engage an emergency contractor and utilize staff resources to restore the County’s 16-inch water main,
and the County incurred $23,949.52 in damages.
On February 27, 2024, Agenda Item No. 16.K.3, the Board of County Commissioners authorized the County
Attorney to file a lawsuit to recover the damages. As a result, Scott Commercial Contracting, LLC, by and through
its insurance company, has agreed to pay the total damages sum of $23,949.52, plus court costs of $459.00, for a
total of $24,408.52, to settle the case.
The settlement requires the Board Chairman to execute a standard form release in order for the County to receive
payment. The County Attorney’s Office and the Risk Management Director support this settlement and recommend
Board approval, as the County will be reimbursed for the full value of the damage plus litigation costs.
FISCAL IMPACT: Approval of the settlement will result in a payment to the County of $24,408.52 for damages
and litigation costs. Proceeds from this agreement will be deposited within Property and Casualty Fund (5016).
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
approval. -DDP
RECOMMENDATION: To approve a $24,408.52 full value settlement with Scott Commercial Contracting, LLC,
for damages caused to a 16-inch potable water main near the intersection of Tamiami Trail North (U.S. 41), 107th
Avenue North and Creekside Boulevard, for County Court Case No. 24-CC-0443; and authorize the Chairman to
execute a standard form release.
PREPARED BY: Derek D. Perry, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Scott Commercial - Filed Complaint (PDF)
2. PD Release 234 - Scott Commercial (PDF)
3. Scott Commercial - Backup (PDF)
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06/11/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 28254
Item Summary: Recommendation to approve a $24,408.52 full value settlement with Scott Commercial
Contracting, LLC, for damages caused to a 16-inch potable water main near the intersection of Tamiami Trail
North (U.S. 41), 107th Avenue North and Creekside Boulevard, for County Court Case No. 24 -CC-0443; and
authorize the Chairman to execute a standard form release.
Meeting Date: 06/11/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/06/2024 2:41 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/06/2024 2:41 PM
Approved By:
Review:
Risk Management Michael Quigley Other Reviewer Completed 06/03/2024 11:27 AM
Engineering and Project Management Derek D. Perry Other Reviewer Skipped 06/03/2024 11:50 AM
County Attorney's Office Derek D. Perry CAO Reviewer Completed 06/03/2024 11:58 AM
Water Howard Brogdon PUD Reviewer Completed 06/03/2024 12:36 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/03/2024 12:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/03/2024 1:06 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/04/2024 10:35 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 06/04/2024 12:15 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
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Packet Pg. 2039 Attachment: Scott Commercial - Filed Complaint (28254 : Approval of $24,408.52 in settlement in Collier County v. Scott Commercial 24-CC-443)
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Claim Number: APL000234
RELEASE OF PROPERTY DAMAGE CLAIM
KNOW ALL MEN BY THESE PRESENTS:
That the Undersigned, being of lawful age, for the sole consideration of Twenty Four
Dollars and Two Cents to the undersigned in
hand paid, receipt whereof is hereby acknowledged, do/does hereby and for my/our/its heirs,
executors, administrators, successors and assigns release, acquit and forever discharge Clear
their or its agents, servants, successors, heirs, executors, administrators and all other persons,
firms, corporations, associations, or partnerships of and from said property damage claim, actions,
causes of action, demands, rights, damages, costs, which the undersigned now has/have resulting
from the accident, casualty or event which occurred on or about the 24th. March 2020 at or near
10600 Tamiami Trail N.. Naoles. FL 34108
It is understood and agreed that this settlement is the compromise of a doubtful and
disputed claim, and that the payment made is not to be construed as an admission of liability on the
part of the party or parties hereby released, and that said release deny liability therefore and intend
merely to avoid litigation and buy their peace.
The undersigned further declare(s) and represent(s) that no promise, inducement or
agreement not herein expressed has been made to the undersigned, and that this Release contains
the entire agreement between the parties hereto, and that the terms of this Release are contractual
and not a mere recital.
CAUTION READ BEFORE SIGNING BELOW
ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY TNSURANCE
COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR
STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR
CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY
FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS
A CRIME, AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH
SUCH VIOLATION.
THE LINDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
LNDERSTANDS IT.
[Signature Page to Follow]
Page I of2
CAO
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Packet Pg. 2047 Attachment: PD Release 234 - Scott Commercial (28254 : Approval of $24,408.52 in settlement in Collier County v. Scott Commercial 24-CC-443)
Signed, sealed and delivered this I lft day of J:ur;re 2024
BOARD OF COLINTY COMMISSIONERS
COLLIER COUNTY, FLOzuDA
Witness #1 Signature
By
Witness #1 Printed Name Chris Hall, Chairman
Witness #2 Signature
Witness #2 Printed Name
STATE OF FLORIDA
COLINTY OF COLLIER
The foregoing Release of Property Damage Claim was acknowledged before me by
means of physical presence this 1lth day of June 2024, by Chris Hall, as Chairman of the Collier
County Board of County Commissioners, who is personally known to me.
Notary Signature
[AfJir Nororiu\ SealJ
Notary Printed Name
Approved as to Form and Legality
Derek D. Perry
Assistant County Attorney
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Packet Pg. 2048 Attachment: PD Release 234 - Scott Commercial (28254 : Approval of $24,408.52 in settlement in Collier County v. Scott Commercial 24-CC-443)
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September 29, 2020
Midwestern Construction, Inc.
PO Box 7670
Lakeland, FL 33807
Attn: Frank Pollard
RE: Claim Number: 1021657
Your Info: NOI #005 Water Main Damages
435029-1-52-01/ E1R78
Date of Loss: 03/24/2020
Our Client: Collier County BOCC
Dear Mr. Pollard:
Thank you for your cooperation and patience in the investigation of the above-
referenced claim. All available evidence in this matter has been carefully reviewed.
It has been determined that the available evidence is not sufficient to conclude the loss
you reported was caused by negligence on the part of our client. We have reviewed in
depth that our locate was performed correctly and within the allowable parameters. For
that reason, we must, with respect, decline to offer payment of your claim.
Sincerely,
Johns Eastern Company, Inc.
Todd Harkins
Todd Harkins
Claim Adjuster
Phone: (877) 326-5326
Email: THarkins@johnseastern.com
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1Derek Perry
From:Bandle, Katie <kbandle@networkadjusters.com>
Sent:Wednesday, November 24, 2021 3:19 PM
To:GreeneColleen
Subject:CRC000419 Scott Commercial Contracting
Attachments:Demand letter.pdf
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi Colleen, I have been transferred this file that was previously being handled by Allison Clark. I have attached your demand letter
for your reference. We have determined that our insured is not liable for this loss. The water main was marked incorrectly, approximately
12 feet from where our insured struck the line. This is 10 feet away from the allowed 24” tolerance zone accepted within
the state of Florida. Please let me know if you have any questions. Thank you, Katie Bandle
Claims Adjuster
Network Adjusters, Inc.
Direct: (303) 867-9601
kbandle@networkadjusters.com From: john team-scott john@team-scott.com Sent: Monday, July 12, 2021 10:29 AM To: Clark, Allison aclark@networkadjusters.com Subject: RE: Update on Water Main Claim Scott Commercial Contracting LLC CRC000419 Good morning Allison, The flag colors were not inverted. The purple flags were correctly placed within the 36” tolerance zone of the ductile
reclaim pipe’s actual location, but the blue flags were incorrectly placed approximately 12’ west from the center of the
damaged water main’s actual location. We located the adjacent ductile iron reclaim main marked with the purple flags (approximately 38” to the east of the
water main) using our hydroexcavator truck prior to drilling because the purple flags were in our tolerance zone for our
proposed bore path. Had the blue flags been in the correct position, we would have been able to locate the water main
as well prior to drilling and prevent this bore strike. Since the blue flags were much farther than 36” from our proposed bore path (again about 12’ in the wrong position),
we were unaware it was located near our bore path. The purpose of them locating these utilities is so we know where to
look and if they do not do it correctly, we are not liable. They did not locate this utility correctly.
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2 Sincerely, John Scott CFO
Scott Commercial Contracting LLC
239-340-8695
john@team-scott.com
16.K.4.cPacket Pg. 2075Attachment: Scott Commercial - Backup (28254 : Approval of $24,408.52 in settlement in Collier County v. Scott Commercial 24-CC-443)
[20-RMG-00639/1783502/1] CPW592 12391 CALL SUNSHINE 03/11/20 11:32:09ET 071002859-000 STREET
Ticket : 071002859 Rev:000 Taken: 03/11/20 11:28ET
State: FL Cnty: COLLIER GeoPlace: NAPLES
CallerPlace: NAPLES
Subdivision:
Address :
Street : TAMIAMI TRL N
Cross 1 : CREEKSIDE BLVD
Within 1/4 mile: Y
Cross 2 : PELICAN MARSH BLVD
Locat: LOCATE THE EAST SIDE OF TAMIAMI TRL N FROM THE SE CORNER OF THE
INTERSECTION WITH CREEKSIDE BLVD GOING SOUTH TO THE NE CORNER OF THE
INTERSECTION WITH PELICAN MARSH BLVD
:
Remarks : *** LOOKUP BY BETWEEN ***
:
Grids : 2615A8148D 2615B8148D 2616D8148D
Work date: 03/13/20 Time: 23:59ET Hrs notc: 064 Category: 3 Duration: 02
WKS
Due Date : 03/13/20 Time: 23:59ET Exp Date : 04/10/20 Time: 23:59ET
Work type: DIRECTIONAL DRILLING Boring: Y White-lined: N
Ug/Oh/Both: U Machinery: Y Depth: 6 FT Permits: N N/A
Done for : HIGHWAY SAFETY DEVICES
Company : SCOTT COMMERCIAL CONTRACTING Type: CONT
Co addr : PO BOX 503
City : ALVA State: FL Zip: 33920
Caller : SHAINE GREEN Phone: 239-340-8695
Contact : SHAINE GREEN Phone: 239-851-7081
BestTime: ANYTIME
Mobile : 239-851-7081
Email : SHAINE@TEAM-SCOTT.COM
Submitted: 03/11/20 11:28ET Oper: CHE
Mbrs : CC1255 CC1650 CC2156 CNTL01 CPW592 CTV413 FPLCLR KC1538 NN1882
PGSSW 3/11/2020 11:32:09 AM: Received DETAILS: Ticket received for registration code CPW592 3/11/2020 11:32:09 AM: Assigned DETAILS: Assigned to Justin Williams by auto process NOTE: Auto Processed per Responsibility Area 3/11/2020 11:32:09 AM: Ticket Queued DETAILS: Ticket queued for delivery 3/11/2020 11:32:10 AM: Ticket Delivered DETAILS: Ticket successfully sent to wwts-irthnet@Colliergov.net
[20-RMG-00639/1783502/1] 3/11/2020 11:59:40 AM: Responded DETAILS: 3N: added by Justin Williams, Locate Time: 3/11/2020 11:59:40 AM NOTE: Spoke to shaine around 11:45 am he advised he didn't know the actual length on the bores. contractor just called in the entire distance when they are not boring the entire length between Creekside and pelican marsh according to the plans HSD has sent locates. These intersections have been marked MULTIPLE times for previous bore crew that HSD is no longer working with on this project. Have offsets on all the intersections for the utilities within the road way. Contact has also advised that he did not go out and white line the work for the bores. WHITE LINE REQUESTED FOR ALL BORE RUN LINES 3/11/2020 11:59:40 AM: Positive Response to Center Queued DETAILS: Positive Response to Center queued for delivery 3/11/2020 11:59:55 AM: Positive Response to Center Delivered DETAILS: Positive Response to Center successfully sent 3/17/2020 8:28:20 AM: Reopened DETAILS: Reopened by Justin Williams 3/17/2020 8:28:34 AM: Responded DETAILS: 8 (Ongoing): added by Justin Williams, Locate Time: 3/17/2020 8:28:34 AM NOTE: On going project working ahead of contractor 3/17/2020 8:28:34 AM: Positive Response to Center Queued DETAILS: Positive Response to Center queued for delivery 3/17/2020 8:28:37 AM: Positive Response to Center Delivered DETAILS: Positive Response to Center successfully sent 3/17/2020 8:42:27 AM: Note Added DETAILS: Note added by Justin Williams NOTE: Marked irrigation main and Water main on the north east side of Creekside and US41 to where the old red robing used to be 3/19/2020 9:07:04 AM: Note Added DETAILS: Note added by Justin Williams NOTE: Marked going south from Creekside Water main and irrigation main. 3/19/2020 9:07:16 AM: Responded DETAILS: 8: added by Justin Williams, Locate Time: 3/19/2020 9:07:16 AM NOTE: Still not white lined 3/19/2020 9:07:16 AM: Positive Response to Center Queued DETAILS: Positive Response to Center queued for delivery 3/19/2020 9:07:25 AM: Positive Response to Center Delivered DETAILS: Positive Response to Center successfully sent 16.K.4.c
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