Agenda 06/10/2025 Item #16K 1 (Settlement w/Roberts Drilling, Inc. for damages caused to a 12-inch water main near the intersection of Mainsail Drive and Collier Boulevard)6/10/2025
Item # 16.K.1
ID# 2025-1912
Executive Summary
Recommendation to approve a $26,222.89 settlement with Roberts Drilling, Inc., for damages caused to a 12-inch water
main near the intersection of Mainsail Drive and Collier Bouleard, in County Court Case No. 23-CC-2693; and authorize
the Chairman to execute a standard form release.
OBJECTIVE: To recover the money paid by Collier County to an emergency vendor for repair of a water main
damaged by a negligent FDOT subcontractor.
CONSIDERATIONS: On or about January 28, 2020, workers for Roberts Drilling, Inc. damaged a 12-inch County
water main while performing a directional bore as a subcontractor on an FDOT project. The County was required to
engage an emergency contractor and utilize staff resources to restore the County’s 12-inch water main.
On December 12, 2023, Agenda Item No. 16K-8, the Board of County Commissioners authorized the County Attorney
to file a lawsuit to recover the damages. Roberts Drilling is defending the lawsuit on the grounds that the County did
not properly mark or otherwise identify where it had underground utilities at or around the site of the boring.
Nevertheless, the parties began settlement negotiations with Roberts Drilling, Inc., by and through its insurance
company, which has agreed to settle the County’s claim for the sum of $26,222.89, which represents the full amount the
emergency contractor was paid to repair the water main. The County did incur costs associated with the litigation in the
amount of $7,850.11, the overwhelming majority of which was utilized to engage the services of an FDOT boring expert
to consult in this matter and the County can utilize said services in future utility strike cases.
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.
FISCAL IMPACT: Approval of the settlement will result in a payment to the County of $26,222.89 for damages.
Proceeds from this agreement will be deposited within Property and Casualty Fund (5016).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. RTT
RECOMMENDATIONS: To approve a $26,222.89 settlement with Roberts Drilling, for damages caused to a 12-inch
water main near the intersection of Mainsail Drive and Collier Boulevard, in County Court Case No. 23-CC-2693; and
authorize the Chairman to execute a standard form release.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENTS:
1. Settlement Agreement Roberts Drilling
Page 2129 of 2218
SETTLEMENT AGREEMENT & RELEASE
The BOARD O['COUNTY COMMISSIONERS OF COLLIER COUNTY, X'LORIDA ("Plaintiff'
and./or "Releasor") for the sole consideration of TWENTY SIX TIIOUSAND TWO IIUNDRED TWENTY-
TWO DOLLARS AND EIGHTY-NINE CENTS ($26,222.89\ ("settlement payment") to be paid to BOARD
OF COLNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA does hereby and for its members,
executors, administrators, successors, and assigns forever release, acquit, and discharge ROBERTS
DRILLING, INC. ("Defendant" and/or "Releasee") and its owners, employees, managers, shareholders,
directors, officers, agents, members, attorneys, servants, successors, heirs, executors, representatives,
administrators, and insurers (collectively, "released entities") ofand from any and all claims, actions, causes of
action, demands, rights, damages, costs, loss of service, expenses, fees, attomey fees, and compensation
whatsoevet, which the Releasor now has/have or which may hereafter accrue on account of or in any way
growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences
thereof resulting or to result from the accident, casualty or events which occurred on or about January 14,2020
at or near State Road 951 and Mainsail Drive ("the Project") and which were or could have been brought forth
in Collier eounW Case No. 23-CC-2693 stvled Board of CounD teommissionerc of Colliet Counry,-ELorida v
Roberts Drillins. Inc.("the Lawsuit
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and
that payment made is not to be construed as an admission of liability on the part ofthe pafty or parties hereby
released, and that said released entities deny liability therefore and intend merely to avoid litigation and buy
their peace.
It is understood and agreed that this settlement payment shall be paid within thirty (30) days of the
approval by the Collier Countv Board of Commissioners and complete execution of this Settlement Agreement
& Release. The settlement payment shall be sent to Collier Countv Attomev's Office o/o Ronald T. Tomasko.
3299 East Tamiami Trail,Suite 800. NaDles Florida 34112.
Page 2130 of 2218
Releasor hereby declare(s) and represent(s) that the damages claimed and/or sustained are or may be
permanent and progressive and that recovery thercfrom is uncertain and indefinite and in making this Settlement
Agreement & Release it is understood and agreed that Releasor relies wholly upon its judgment, belief and
knowledge of the natue, extent, effect, and duration of said damage and liability therefore and this Settlement
Agreement & Release is made without reliance upon any statement or rcpresentation of Releasee or anyone on
its behalf.
Governing law. This Settlement Agreement & Release shall be deemed to have been made and to be
performed, and shall be interpreted, construed and enforced, in accordance with the laws ofthe State ofFlorida.
Corrplete Agreement. Releasor acknowledges that in deciding to execute this Settlement Agreement
& Release and then in executing this Settlement Agreement & Release, it has not relied upon ary agreement,
statement or representation that is not specifically set forth herein, that this Settlement Agreement & Release
contains the entire agreement between the Panies hereto regarding the resolution of their disputes, and that the
terms of the Settlement Agreement & Release are contractual and not mere recitals.
Modifrcations. This Settlement Agreement & Release cannot be amended, modified or amplifred except
by agreement and written document, which is signed by all Parties hereto. No oral statement made by any
person shall operate to modift this Settlement Agreement & Release in any manner or otherwise affect its terms
and provisions.
Severability. In the event that any term or provision of this Settlement Agreement & Release is deemed
unenforceable or unlawful for aay reason, the remainder of the Settlement Agreement & Release shall be deemed
enforceable and in effect.
Enforceability. This Settlement Agreement & Release is effective upon the date it is executed by or on
behalf of Releasor.
Non-Waiver. The failure of either Releasor or Releasee to enforce at any time any of the provisions of
this Settlement Agreement & Release shall not constitute a waiver ofany such provisions.
12.3 -CC-2693 I 1946 t s3 I tl
Page 2131 of 2218
Authority to Bind. The signatory hereto warrants and represents that they have the requisite authority
to enter into this Settlement Agreement & Release on behalf of Releasor.
Dismissal of Action. Within ten (10) days from the date of the Releasor's receipt of the settlement
payment, Releasor shall file a dismissal of the Lawsuit with prejudice as to Releasee, with each party to bear its
own attomey's fees and costs. This includes a waiver to seek attomey fees and costs under any statute, rule or
conffact, including pursuant to any proposal for settlement.
Satisfaction of Liens. Releasor further declares and represents that any and all liens, repairmen liens,
attomey's liens, govemmental liens and/or subrogation rights possessed by any thitd party have been settled or
otherwise released. Releasor further stipulates and agrees that they are solely responsible for satisfting any lien
or other obligation associated with the Project, and Releasor hereby agrees that the proceeds of this settlement
will be used to satisfir any such liens, if any.
Con{identiality. Releasor agrees that the existence of the terms and conditions of this Settlement
Agreement and Release shall be held strictly confidential and shall not be disclosed to any person not a Party
hereto without the prior written consent of Releasee. Notwithstanding the foregoing, this Agreement may be
disclosed to the Parties' attorneys, insurers, Board Members, and financial advisers as may be necessary or as
ordered by a Court.
Releasor funher declare(s) and represent(s) that no promise, inducement, or agreement not herein
expressed has been made to Releasor and that this Settlement Agreement & Release contains the entire
agreement between the parties hereto.
The UNDERSIGNED REPRESENTATIVE FOR RELEASOR HAS READ THE F.OREGOING
SETTLEMENT AGREEMENT & RELEASE AND FULLY UNDERSTANDS IT.
[23 -CC -2693 / 1 9 46 I 53 / t'l
[Signature Page to Followl
Page 2132 of 2218
By
ATTEST:
CRYSTAL K. KINZEL, Clerk
Date
Approved as to form and legality:
Signed, sealed, and delivered this_ day of 20
BOARD OF COL]NTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders. Chairman
ffirdT.ffi;6----7{
Assistant Counry auorney /[ i
I23 -CC -269 3 I 1 9 4 6 1 53 I I )
Page 2133 of 2218