Agenda 09/13/2022 Item #16K 5 (Mediated Settlement Agreement w/PWC Joint Ventures, LLC)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve the mediated Settlement Agreement and Mutual Release resulting
from the pre-suit dispute resolution process in the agreement between Collier County and PWC
Joint Ventures, LLC, and recommendation to authorize the Chairman to sign the attached
agreement.
_________________________________________________________________________________
OBJECTIVE: To approve the attached mediated settlement agreement resulting from the pre -suit
dispute resolution process provided in the construction agreement between Collier County and PWC Joint
Ventures, LLC (“PWC”).
CONSIDERATIONS: The proposed mediated settlement agreement represents the parties’
recommended compromise of disputed monetary claims based upon issues arising du ring the installation
of the belt filter press at the South County Regional Water Treatment Plant (“SCRWTP”). The belt filter
press is used to dewater residual solids from the lime softening process. During the timeframe of
September 2020 through November 2021, the Belt Filter Press experienced problems with belts bulging,
slipping, and eventually tearing, causing extended periods of downtime.
On April 8, 2019, the Procurement Services Division posted Invitation to Bid No. 19-7590 for
construction of the SCRWTP Belt Filter Press Replacement Project. The County sent 4,844 notices, and
interested vendors downloaded eighty-eight (88) bid packages. On May 16, 2019, the County received
four bid responses. PWC, as the lowest responsive and reasonable bidder, was awarded the agreement.
The contract amount totaled $602,825 and included an allowance of $40,000 to address any
undocumented infrastructure that might be encountered during construction. The $40,000 allowance was
not used during the construction project.
When issues concerning the failures of the belts on the belt filter press, staff sent a Notice to Cure to PWC
on September 20, 2021. The parties engaged in an initial mediation session on September 23, 2021,
which resulted in PWC returning to the SCRWTP to attempt to identify the underlying problem.
However, PWC took no further action to alleviate the problem with the belts. Eventually, the parties
scheduled a follow up mediation on August 9, 2022, which resulted in this proposed mediated settlement
agreement. Per the agreement, PWC will pay the County $35,000 in damages, and PWC agreed to waive
the balance of the $238,105 that the County owed to PWC for the installation of the belt filter press. The
agreement also provides that the County will retain the belt filter press for reuse at another County facility
or to sell or repurpose at its discretion.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The Mediation Settlement Agreement and Mutual Release has been
reviewed and approved by the Public Utilities Department staff, and the County Attorney’s Office. In the
event that the recommended settlement is not approved, the County can expect to incur significant
additional costs associated with future litigation including attorneys’ fees and retaining expert witnesses,
and a positive result can never be guaranteed with any degree of certainty. This settlement is reasonable
based on the totality of the circumstances. This item is approved as to form and legality and requires
majority vote for Board approval. -CAK
RECOMMENDATION: Recommendation to approve the attached Mediated Settlement Agreement and
Mutual Release and authorize the Chairman to sign the attached agreement.
16.K.5
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09/13/2022
Prepared by: Colleen A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement (PDF)
2. 19-7590 PWC JointVenture_Contract EXECUTED (PDF)
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09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 23262
Item Summary: Recommendation to approve the mediated Settlement Agreement and Mutual
Release resulting from the pre-suit dispute resolution process in the agreement between Collier County
and PWC Joint Ventures, LLC, and recommendation to authorize the Chairman to sign the attached
agreement.
Meeting Date: 09/13/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/07/2022 9:41 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/07/2022 9:41 AM
Approved By:
Review:
Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 09/07/2022 10:40 AM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 09/07/2022 10:44 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 09/07/2022 11:10 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2022 11:38 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2022 12:54 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2022 3:11 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
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