Backup Documents 03/27/2012 Item #11N11N
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
March 27, 2012
Agenda Item Number
11N
2.
Original document has been signed/initialed for legal sufficiency. (All documents to be
3.
Agreement
I
Number of Original
1 original
4. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
3�
5. Trish Morgan
Clerk's Minutes and Records
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Steve - W+iarns;*ssistanteou�y
iQ' e..
Phone Number
252 -8400
Agenda Date Item was
March 27, 2012
Agenda Item Number
11N
Approved by the BCC
Original document has been signed/initialed for legal sufficiency. (All documents to be
Type of Document
Agreement
I
Number of Original
1 original
Attached
the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documes Routing Slip
WWS Original 9.03.04 l/
Ste# ��
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed by
/
the Office of the County Attorney. This includes signature pages from ordinances,
✓
resolutions, etc. signed by the County Attorney's Office and signature pages from contracts,
agreements, etc. that have been fully executed by all parties except the BCC Chairman and
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Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
Return 1 fully executed co ' to in CAO
I: Forms/ County Forms/ BCC Forms/ Original Documes Routing Slip
WWS Original 9.03.04 l/
Ste# ��
11N �
MEMORANDUM
Date: March 30, 2012
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement w/Malcolm Pirnie, Inc.
Attached for your records are two originals as referenced above, (Agenda Item
#11N) approved by the Board of County Commissioners on Tuesday, March 27,
2012.
The Minutes and Records Department has retained the original Agreement to be held
in the Board's Official Records.
If you have any questions feel free to contact me at 252 -7240.
Thank you.
Attachments
11N
SETTLEMENT AGREEMENT AND RELEASE BETWEEN
COLLIER COUNTY AND MALCOLM PIRNIE, INC.
THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the
�I--
"Agreement ") is entered into and made as of March k7 , 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 "Project "); 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
PIRNIE 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
11 N -f
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
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 Party 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.
W
11N
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E,,BR,,O�K,.Clerk
Y Clerk
Approved as to form and
legal sufficiency I
Stev n T. Williams r 1`"' 1—
breftly
Assistant Cdt rtty Attorney
As to MA O P,I"N E, INC.
By:
r
Name: Gerard P. Caw aRfzzi
Title: Vice President/General Counsel
STATE OF NEW YORK:
COUNTY OF WESTCHESTER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
I'
Y
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]
Signature of Person Taking Acknowledgment
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