Agenda 03/27/2012 Item #16A18Proposed Agenda Changes
Board of County Commissioners Meeting
March 27, 2012
Withdraw Item 11G: Recommendation to award RFP #11 -5785 Management of Pelican Bay
Tennis Center and authorize the Chairman to sign a contract with DBA /The Naples Tennis
Academy. (Staffs request due to receipt of written objection to award)
Withdraw Item 14A1: Recommendation to authorize the County Attorney to take all
necessary action, including filing a lawsuit, to evict Three Mayhoods, LLC from its present
location at the Immokalee Regional Airport, and to pursue any holdover rent, damages, and
costs that may be due and owing to the Airport Authority. (Staffs request due to receiving
signed copy of lease agreement)
Move Item 16A18 to Item 11N: Recommendation to approve a
Settlement Agreement and Release with Malcolm Pirnie, Inc.,
to settle all outstanding claims related to consulting services
provided in connection with project and oversight services on
Forest Lakes MSTU Projects F -53 and F -56, and to authorize
payment. (Commissioner Hiller's request)
Move Item 16B1 to Item 14133: Recommendation that the Collier County Community
Redevelopment Agency review and approve the Bayshore Gateway Triangle and Immokalee
CRA's 2011 Annual Reports, forward the reports to the Board of County Commissioners and
Clerk of Courts and publish public notice of the filing. (Commissioner Hiller's request)
Move Item 16132 to Item 14134: Recommendation that the Collier County Community
Redevelopment Agency (CRA) authorize the CRA Director to take appropriate steps to sell
twenty-three (23) CRA owned vacant lots within the Bayshore /Gateway Triangle Mixed Use
District Overlay in accordance with Florida Statute 163.380 and bring back any offers
deemed to meet the terms of the proposal for review and approval. (Commissioner Hiller's
request)
Move Item 16C1 to Item 11L: Recommendation to reject all bids received in response to
Invitation To Bid #11 -5624 for Trenchless Sewer System Rehabilitation Services.
(Commissioner Hiller's request)
Move Item 16D8 to Item 11M: Recommendation to approve a substantial amendment to
the Collier County 2011 -2012 Department of Housing and Urban Development (HUD) Action
Plan. The amendment will allow Community Development Block Grant (CDBG) funds in the
amount of $775,016 to be re- programmed from Eagle Lakes Park to the Immokalee South
Park. (Commissioner Hiller's request)
Move Item 16G2 to Item 14A2: Recommendation that the Board of County Commissioners,
acting as the Collier County Airport Authority, approve the attached Advertisement License
Agreement with Seminole Gaming Management, LLC for advertising at the Immokalee
Regional Airport. (Commissioner Hiller's request)
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3/27/2012 Item 16.A.18.
EXECUTIVE SUMMfARY
Recommendation to approve a Settlement Agreement and Release with Malcolm Pinde,
Inc., to settle all outstanding claims related to consulting services provided in connection
with project and oversight services on Forest Lakes MSTU Projects F -53 and F -56, and to
authorize payment.
OBJECTIVE: Recommendation that the Board approve a Settlement Agreement and Release
with Malcolm Pirnie, Inc. ("MPI") to settle all outstanding clauns pertaining to consulting
services provided by MPI on Forest Lakes MSTU Projects F -53 and F-56 (collectively, the
"Project").
CONSIDERATIONS: On July 26, 2005, the Board of County Commissioners approved award
of Contract 405- 3657 "Project Management and Oversight Services" to Malcolm Pirnie, Inc.
(Malcolm Pirnie) which included the term requiring work orders over $200,000.00 to obtain
Board of County Commissioner's approval. An initial work order was issued in the amount of
$88,500.00 to provide field work and investigation to develop a scope for the shoreline
restoration of twelve lakes within the Forest Lakes MSTU boundary. The work completed under
the initial work order resulted in the need to obtain an Environmental Resource Permit (ERP)
permit from the South Florida Water Management District. The permitting process took an
extensive amount of time and effort on the part of the Malcolm Pirnie, requiring a change order.
Change Order #1 was processed and approved to include additional permitting activity; the
provision of bidding assistance; preparation of construction drawings and construction cost
estimates; and geo- technical engineering services. This change order increased the original work
-- order by $67,550 and extended time for the service until September 15, 2010.
The construction project went out to bid and a contractor was selected for the work.
Construction commenced on June 1, 2010, and not long after that time, excessive rock was found
that extended the construction schedule by more than six (6) weeks. A second change order was
requested and subsequently approved to cover the Construction Management and Inspection
services related to the rock removal. This change order increased the work order by $41,860 and
extended time for the service until December 14, 2010.
Malcolm Pirnie continued to provide on -site inspection services for the project through
construction completion in response to a Work Directive issued by Staff. However, before a
Change Order incorporating the provisions of the Work Directive could be presented to and
approved by the Board, the work order for the project expired and associated purchase order was
closed. Staff disputes the total amount requested by MPI under Change Order # 3 as they believe
the additional time being added for construction service oversight should have been included in
the prior change orders for project completion as they believed this to be a lump sum contract.
The final Change Order #3, covers work submitted by MPI including the tie -back design required
for the bulkhead at one of the lakes and additional Construction Management and Inspection
services. Change Order #3 would have increased the work order by $59,480 for a total of
$257,390.00.
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31272012 Item 16.A.18.
Due to a t with UPI over the actual_ amounA,of construeflon oversight services authorized
for the Project, Work Directive/Change Order Nun er 3 was never presented -for approval (MPI
claims it � provided 168 working days but has *y been paid for 123). MPI was seeking
reimbursement. in the amount of $59, 480.00, not including any interest on unpaid sum. This �
proposed Settlement in the amount of '$35,000.00, represents a copse of the payment
amount invoiced by MPI for the tie -back design wid construction ova services provided on
the Project.
Although the parties dispute the value of the services provided, the County acknowledges #fiat it
benefitted from the performed services provided by MPI. In the interest of avoiding : probaW
litigation, with its attendant costs and uncertair#ties, staff is recommending that the Board
approve a Settlement Agreement and Release with MPI, to settle ail. outstanding claims
pertaining to the consulting services it provided under Contract No. 05 -3657 for the reduced,
compromised amount of $35,000, as set forth in the attached Settlement Agreement. MPI: has
historically been a valuable consultant on County Projects and is currently -the County's primary
expert in the ongoing litigation involving the SRO Welifield litigation (Collier County v. Jolm
Reynol& & Sons, Inc., Case No. 10- 6658 -CA).
Funds in the amount of $3$,000 are available in Forest Lakes Roadway
and Drainage MSTU Fund (159).
CQNfiEQ RATIONS: MPI is presenting claims totaling $59,480, ;which includes
invoices for engineering services performed on they- Project. MPI and the County agree to release
all claims arising out of the Project 'in settlement. of this dispute for the, compromised sum of
$35,000. The settlement amount is a reasonable compromise of a disputed claim. This item bas
been reviewed and approved by the County Attorney's Office, is legally sufficient for Board
action, and requires majority vote for approval. -STW
C QM bJ&N, A NT IIdPACT• None.
, nOff 0AT N: That the Board approve a Settlement Agreement and Release with
Malcolm Pirnie Inc., in the amount of $35,000, as a compromise of disputed claims comprising
engineering comulting services under Contract No f15 -3657 and authorimfihe Board's Chairman
to sign the Settlement Agreement and Release.
Prepared -by: Steven T. Williams, Assistant- County Attorney.
Attachments: Settlement Agreement and Mutual Release
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3/27/2012 Item 16.A.18.
^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18.
Item Summary: Recommendation to approve a Settlement Agreement and Release with
Malcolm Pirnie, Inc., to settle all outstanding claims related to consulting services provided in
connection with project and oversight services on Forest Lakes MSTU Projects F -53 and F -56,
and to authorize payment.
Meeting Date: 3/27/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/15/2012 11:09:25 AM
Approved By
Name: LulichPamela
Title: Manager - Landscape Operations,Altemative Transpo
Date: 3/15/2012 11:58:41 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/15/2012 12:14:45 PM
Name: RichardDarryl
Title: Project Manager,Alternative Transportation Modes
Date: 3/15/2012 12:36:51 PM
Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administr
Date: 3/15/2012 1:03:52 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/15/2012 1:24:25 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
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Date: 3/15/2012 3:42:09 PM
3/27/2012 Item 16.A.18.
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 3/16/2012 6:57:22 AM
Name: Mucke)Cynthia
Title: Applications Analyst,Information Technology
Date: 3/16/2012 2:45:00 PM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 3/16/2012 2:54:12 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 3/19/2012 3:16:34 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/20/2012 8:01:07 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2012 9:57:10 AM
Name: KlatzkowJeff
Title:. County Attorney
Date: 3/20/2012 11:36:22 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2012 12:25:54 PM
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3/27/2012 Item 16.A.18.
SETTLEMENT AGREEMENT AND RELEASE BETWEEN
COLLIER COUNTY AND MALCOLM PIRNIE, INC.
THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the
"Agreement ") is entered into and made as of March , 2012, by and between Collier
County (hereinafter referred to as "the County "), a political subdivision of the State of Florida,
and MALCOLM PIRNIE, INC.
WITNESSETH:
WHEREAS, MALCOLM PIRNIE provided construction management and consulting
inspection services in accordance with Purchase Orders issued under Contract No. 05 -3657 on
the Forest Lakes MSTU project (the "Proj ect "); and
WHEREAS, the Project involved construction to perform grading and drainage
improvements, maintenance dredging, shoreline restoration and slope stabilization on thirteen
lakes and a drainage ditch within the Forest Lakes MSTU; and
WHEREAS, the commencement of construction of the Project was delayed by the un-
contemplated necessity of obtaining a South Florida Water Management District ( "SFWMD ")
permit and later by unforeseeable underground conditions that required extensive rock removal
by the construction contractor, all of which extended the final completion date until December
17, 2010; which was approximately a year and one half longer than originally anticipated; and
WHEREAS, due to the delays experienced throughout the course of the Project, the
County issued Two Change Orders and Work Directive No. 3 to add additional services essential
to the completion of the Project as well extending the number of days required of MALCOLM
PIRI IM to provide construction oversight services in the field throughout the entire duration of
the construction project; and
WHEREAS, MALCOLM PIRNIE presented a final payment application in the amount
of $59,480 as a claim for services on the Project, which total amount sought was disputed by the
County and payment thereof declined; and
WHEREAS, the County does not contest that it authorized and received benefit from
the construction oversight services provided by MALCOLM PIRNIE through the issuance of
the Change Orders and Work Directive that added additional days of construction oversight, just
as to the authorized number of days; and
WHEREAS, in the interest of avoiding litigation, with its attendant costs and
uncertainties, the Parties wish to settle all outstanding claims pertaining to the consulting
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3/2712012 Item 16.A.18.
services MALCOLM PIRNIE provided under Contract No. 05 -3657, by County paying the
reduced, compromised amount of $35,000, in exchange for MALCOLM PIRNIE releasing
County from all claims arising from the matters set forth above.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. County shall pay MALCOLM PIRNIE, within 30 days from the date first set
forth above, the sum of $35,000.
2. This Agreement constitutes the mutual release of any and all claims of, by, for, on
behalf of, and between Collier County and MALCOLM PIRNIE as to any and all issues or
obligations whatsoever that each party may have had, may now have, or hereafter may have,
against the other, concerning or arising out of any facts, allegations or circumstances, from the
beginning of time to the date of this Agreement, pertaining to the Project.
3. Each Party represents to the other Party as a material condition for their entering n
into this Agreement, except for those matters set forth in the above recitals, neither Party is
aware of any claim or potential cause of action it may presently have against the other.
4. Each Parry acknowledges and agrees that this Agreement is the product of mutual
negotiation and no doubtful or ambiguous language or provision in this Agreement is to be
construed against any Party based upon a claim that the party drafted the ambiguous provision or
language or that the Party was intended to be benefited by the ambiguous provision or language.
5. This Agreement is the entire understanding between the Parties with respect to the
matters set forth herein, superseding any and all prior discussions, written or oral. This
Agreement may be amended only by a written instrument specifically referring to this
Agreement and executed with the same formalities as this Agreement. This Agreement shall be
governed by the laws of the State of Florida. The Parties agree that any dispute which arises
concerning the either the enforcement or the terms of this Agreement shall be brought to any
State Court having competent jurisdiction located within Collier County.
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3/27/2012 Item 16.A.18.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
Steven T. Williams
Assistant County Attorney ) I I
.-N As to
By:
Name: Gerazd P. i
Title: Vice President/General Counsel
STATE OF NEW YORK:
COUNTY OF WESTCHESTER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
The foregoing Agreement was acknowledged before me this 14th day of
March , 2012, by Gerard P. Cavaluzzi , Vice President/General Counsel of
MALCOLM PIRNIE, INC., who is personally known to me.
[NOTARIAL SEAL] Z n - � &W
Signature of Person Taking Acknowledgment
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