Agenda 06/24/2008 Item #16C 1
Agenda Item No. 16C1
June 24, 2008
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board approve a budget amendment in the amount of $255,000.00 to
fund the continuing litigation and professional expert services related to the case known as Collier
County and Collier County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and
Surety Company of America., Project 700751.
OBJECTIVE: That the Board approve a budget amendment to properly fund legal and professional
expert fees for the ongoing litigation in the case known as Collier County and Collier County Water-
Sewer District v. Metcalf & Eddy, Inc. (M&E) and Travelers Casualty and Surety Company of America
CONSIDERATIONS: The law firm of Carlton Fields has been serving as outside counsel in litigation
initiated on behalf of the Board of County Commissioners and the Collier County Water-Sewer District
with M&E. The litigation is focused on deficiencies in M&E furnishing design-build services in Years
2002 and 2003 for the well field expansion oflhe North County Regional Water Treatment Plant. As part
ofthe lawsuit, M&E has counterclaimed for extra work performed, alleging that the County's refusal to
execute change orders constitutes a breach of contract.
On May 27, 2008, as Agenda Item 16(K)(5), the Board approved authorization to make a joint settlement
proposal which offers to make a Demand for Judgment to accept $199,000,00 on Collier's claims, and to
make an Offer of Judgment agreeing to pay $85,000.00 on M&E's claim. To date, M&E has not
responded to those demands/offers of settlement. In order to fund continuing legal services by outside
counsel, Carlton Fields, and at their request and recommendation, expert professional engineering
services by Malcohn Pirnie, this budget amendment is required.
FISCAL IMPACT: A budget amendment is necessary to transfer $255,000.00 from Water Impact Fee
Reserves to Project No. 700751 to properly fund these services.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for
legal sufficiency. -SRT.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATIONS: That the Board approve a budget amendment in the amount of $255,000.00
to fund the continuing litigation and professional expert services related to the case known as Collier
County and Collier County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and
Surety Company of America., Project 700751.
PREPARED BY: Peter Schalt, PMP, Senior Project Manager
Page lof2
Agenda Item No. 16C1
June 24, 2008
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Recommendation that the Board approve a budget amendment in the amount of
$255,000,00 to fund the continuing litigation and professional support services related to the
case known as Collier County and Collier County Water-Sewer District v Metcalf & Eddy,
Inc. and Travelers Casualty and Surety Company of America" Project 700751.
Meeting Date:
6/24/2008 90000 AM
Prepared By
Peter Schall, PMP
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
6/4/20083:06:33 PM
Approved By
Bala Sridhar
Senior Management/Budget Analyst
Date
Public Utilities
Public Utilities Operations
6/5/20088:34 AM
Approved By
Karen B. Guliani, P.E.
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
6/5/200811 :37 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
6/6/2008 1 :55 PM
Approved By
Phil E. Gramatges, P .E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
6/6/20084:52 PM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
6/9/20089:29 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
6/912008 9:30 AM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
6/9/20081 :36 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/12/20082:53 PM
file://C:\AgendaTest\Export\ 1 1 0-June%2024,%202008\ 16.%20CONSENT%20AGENDA \1... 6/18/2008
Page 20f2
Agenda Item No. 16C 1
June 24,2008
Page 3 of 3
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
611612008 11 :26 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
611612008 1 :42 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
6116/2008 2:40 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6117120089:22 PM
file://C:IAgendaTestIExportl 11 0-June%2024, %2020081 16.%20CONSENT%20AGENDA 11... 6/18/2008