Agenda 03/25/2025 Item #16K 3 (Approve an Amendment to Mediated Settlement Agreement involving the construction of the Paradise Coast Sports Park)3/25/2025
Item # 16.K.3
ID# 2025-943
Executive Summary
Request that the Board approve an Amendment to Mediated Settlement Agreement providing for the final release of
$91,804.00 in withheld retainage related to the Mediated Settlement Agreement entered into by Collier County, Florida
and Manhattan Construction Florida, Inc. on July 25, 2023, involving the construction of the Paradise Coast Sports Park.
OBJECTIVE: To obtain Board approval of an Amendment to Mediated Settlement Agreement that will allow final
payment of $91,804.00, which has been withheld as retainage subject to Manhattan Construction Florida, Inc. (the
“Contractor”) satisfying all conditions under the Settlement Agreement concerning the construction of the Paradise
Coast Sports Park.
CONSIDERATIONS: On February 13, 2018 (Agenda Item 16.D.21), the County entered into Agreement No. 17-7198
with the Contractor for Construction Management at Risk services involving the Paradise Coast Sports Park (the
“Park”). Ultimately the parties participated in formal mediation and negotiated a Mediated Settlement Agreement (the
“Settlement”), which the Board approved on July 25, 2023 (Agenda Item 11.A). The Settlement resolved various
performance and payment disputes regarding construction of the Park and ended the parties’ formal relationship. As
part of the Settlement, the Contractor was to provide certain services to close out its performance on the project,
whereupon completion the Contractor would be reimbursed the remaining $400,000.00 of withheld retainage.
On October 12, 2024 (Agenda Item 16.J.2), the Board approved the release of $300,000 of the Contractor’s remaining
withheld retainage, which represented its satisfactory completion of 75% of the remaining punch list items. Since that
time, staff and the County Attorney’s Office has worked with the Contractor and its General Counsel to address the
remaining punch list requirements that were memorialized in the Mediated Settlement Agreement. To resolve the issue
regarding the reimbursement of the remaining $100,000 in withheld retainage, the parties negotiated the removal of the
following items from that sum: (1) Punch List Item 93 (various plantings and vegetation not incorporated into the
project valued at $3,000), (2) Punch List Item 97 (Clusia plants not incorporated into the project valued at $500.00), (3)
the permit transfer fee to the County ($160.00), and (4) surveyor costs incurred by the County to obtain a Finished Floor
Elevation Certificate required to close out the project costing $4,696), representing an aggregate amount of $8,196.00,
which is being deducted from the $100,000 in withheld retainage. The Contractor has satisfied and provided the
remainder of its close out obligations under the Settlement, including providing its signed Release of Lien document.
This leaves a final withheld retainage amount owed to the Contractor under the attached Amendment to Mediated
Settlement Agreement in the amount of $91,804.
Staff is requesting that the Board approve the attached Amendment to Mediated Settlement Agreement and authorize the
payment of $91,804 in withheld retainage to the Contractor, which will finally and fully resolve this matter between the
County and the Contractor.
FISCAL IMPACT: Funding is provided within the Sports Complex Capital Project Fund 3007, projects 50156. No
budget amendment or further appropriation is necessary.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: Request that the Board approve an Amendment to Mediated Settlement Agreement
providing for the final release of $91,804.00 in withheld retainage related to the Mediated Settlement Agreement entered
into by Collier County, Florida and Manhattan Construction Florida, Inc. on July 25, 2023, involving the construction
of the Paradise Coast Sports Park, and authorize the Chairman to sign the attached Amendment.
PREPARED BY: Scott R. Teach
Page 4018 of 5415
3/25/2025
Item # 16.K.3
ID# 2025-943
ATTACHMENTS:
1. Amendment to Mediated Settlement Agreement 03.12.25
Page 4019 of 5415
Page 4020 of 5415
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