Agenda 05/13/2013 Item #16C95/14/2013 16.C.9.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement prior to trial in the lawsuit
entitled Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10- 6658 -CA, filed in
the Twentieth Judicial Circuit in and for Collier County, Florida (Consolidated with Case
No. 10- 6670 -CA), which settlement includes payment to the Board of County
Commissioners, as Ex- Officio the Governing Board of the Collier County Water Sewer
District, in the total amount of $4,500,000.00 paid by John Reynolds & Sons, Inc., Ferguson
Enterprises, Inc., Hazen and Sawyer, P.C./Hole Montes, Inc. and Greeley and Hansen,
LLC, an Addendum No. 1 to the Mediated Settlement Agreement, and to authorize the
Chairwoman to execute the Mediated Settlement Agreement and Addendum No. 1.
OBJECTIVE: Recommendation to approve the mediated settlement in the lawsuit entitled
Collier County v. John Reynolds & Sons, Inc., et al., and authorize the Chairwoman to execute
the Mediated Settlement Agreement and Addendum No. 1 to the agreement to recover damages
incurred as a result of the raw water transmission pipeline failure and forensic investigation at
the South Reverse Osmosis ( "SRO ") Raw Water Wellfield that occurred on February 19, 2010.
CONSIDERATIONS: On February 19, 2010, after less than one year in service, approximately
755 lineal feet of 30 -inch fusible PVC raw water transmission main in the SRO Wellfield
ruptured, automatically shutting down the reverse osmosis process at the South County Regional
Water Treatment Plant ( "SCRWTP "). In order to identify the cause of the pipe failure and to
prevent future incidents from occurring, the Public Utilities Division commenced an
investigation headed by a team of forensic engineering consultants working for Malcolm Pirnie,
Inc. Ultimately the underlying failure was deemed the result of a combination of. (1) deficient
workmanship by the contractor, John Reynolds & Sons, Inc. ( "Reynolds "), (2) which was
undiscovered by Hazen & Sawyer, Inc. ( "Hazen "), who contracted with the County to perform
construction engineering inspection ( "CEI ") services to oversee the proper construction of the
pipeline Hazen, and (3) design problems by the engineer of record, "Greeley & Hansen, LLC
("Greeley")'.
Malcolm Pirnie determined that the initial pipe failure occurred in at least two rapid sequential
stages, over a period of no more than a few seconds. The initial failure was caused by improper
bedding of the pipe in the trench during construction; that is, the pipe was laid directly on cap
rock or on a broken piece of rock supported by cap rock, which gradually gouged the pipe wall
creating a weak point causing the pipe to rupture. Further collateral damage resulted due to air
entrapped in the pipeline related to the installation of Air Release Valves (ARVs). These ARVs
were proposed by the contractor and approved by the engineer of record. This application did
not follow the manufacturer's recommendation for the design.
After making the initial emergency repairs, and during the course of inspecting the condition of
the entire Project, the County discovered additional significant deficiencies. Numerous other
sections of the pipeline were not properly bedded and /or were placed on cap rock in violation of
' Camp, Dresser & McKee, Inc., now known as CDM Smith, Inc., was the winning bidder to perform engineering
work on the Project but ultimately its subconsultant, Greeley, performed the majority of the engineering work for the
Project and served as the Engineer of Record.
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5/14/2013 16.C.9.
the Project Specifications. Corrosion was discovered on various ductile iron pipe and fittings
well beyond reasonable expectations. Required corrosion protection measures were absent in the
form of stainless steel bolts and polyethylene wrap. Finally, additional ARVs were required to
be installed to avoid the potential for future pipeline failures.
The SRO repair Project is currently undergoing final repairs to correct all discoverable
deficiencies.
The cost to rehabilitate the SRO was initially estimated high due to the difficulty in knowing the
extent of necessary repairs; largely because most of the damage was underground, out of view
and the repairs were done progressively. The final potentially recoverable "hard costs" (costs
representing any part of the repair work or costs associated with the actual Project) are estimated
at approximately $6.3 million. The potentially combined recoverable hard costs and "soft costs"
(soft costs refer to an item that is not considered a direct construction expense, such as a
miscellaneous costs and legal or expert consultant fees) to date are estimated at approximately
$7.3 million.
The parties engaged in Court Ordered Mediation on May 2 — 3, 2013. Over 30 persons,
including insurance representatives, parties and their attorneys participated in the mediation.
The five below parties agreed to settle all claims with Collier County by paying the following
amounts:
A. John Reynolds & Sons, Inc. $1,454,167.00
B. Ferguson Enterprises, Inc.2 $ 500,000.00
C. Hazen and Sawyer, P.C./Hole Montes, Inc. $ 545,833.00
D. Greeley and Hansen, LLC $2.000.000.00
Total: $4,500,000.00
Further, the proposed settlement also extinguishes a counterclaim Reynolds asserted against the
County in the approximate amount of $372,000.
In addition to the monetary settlement offered by the parties, the settlement agreement also
provides that Reynolds is assigning and transferring all of its rights and claims to any causes of
action it may have now or in the future related to or arising from its purchase of the fusible PVC
installed on the SRO Project to Collier County.
Finally, shortly after the initial pipe failure, CDM Smith and Greeley and Hansen agreed to
provide engineering services to the County for the repair and rehabilitation of the SRO Project at
no cost. The value of the services provided was tracked, although not billed to the County,
through April 2013 in the cumulative amount of $469,231.39. Providing those additional
engineering services at no cost to the County also represents a significant benefit.
Had the parties been unable to reach a mediated settlement, it is estimated that a trial could have
taken a minimum of three (3) weeks. The estimated additional costs in expert consultant and
2 Reynolds sued Ferguson Enterprises, Inc., as a third -party defendant, for supplying materials for the SRO Project.
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5/14/2013 16.C.9.
attorneys fees would have amounted to upwards of one million dollars. The recommendation to
approve the mediated settlement agreement is based upon the favorable offer proposed by the
parties and the potential costs associated with trying this case. Accepting this settlement will
conclude this case and result in the filing of a Joint Notice of Voluntary Dismissal with prejudice
by the parties.
Finally, following the execution of the Mediated Settlement Agreement, counsel representing
Hazen requested that the parties agree to execute Addendum No. 1, which is a settlement
instrument that merely serves to clarify the settlement relationship between Hazen and its
subcontractor on the SRO Project, Hole Montes, Inc. The County Attorney's Office has no
objection to execution of the Addendum.
The Public Utilities Division recommends Approval of the Mediated Settlement Agreement and
Addendum No. 1.
FISCAL IMPACT: Approval of the Mediated Settlement Agreement will result in a positive
return of $4,500,00 to the Collier County Water Sewer District.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This Settlement Agreement has been reviewed and approved
by the Public Utilities Division and the County Attorney's Office. There would be significant
costs associated with trying this case including 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.
The subject of this Settlement Agreement is a matter of current pending litigation. If this item is
pulled for discussion, the County Attorney's Office requests the opportunity to call for an
executive "shade" session to be had at the Board's May 28, 2013 meeting. This item requires a
majority vote and is legally sufficient for Board action. - SRT.
RECOMMENDATION: Recommendation to approve a Mediated Settlement Agreement prior
to trial in the lawsuit entitled Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10-
6658-CA, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Consolidated
with Case No. 10- 6670 -CA), which settlement includes payment to the Board of County
Commissioners, as Ex- Officio the Governing Board of the Collier County Water Sewer District,
in the total amount of $4,500,000.00 paid by John Reynolds & Sons, Inc., Ferguson Enterprises,
Inc., Hazen and Sawyer, P.C./Hole Montes, Inc. and Greeley and Hansen, LLC, the execution of
Addendum No. 1 to the Mediated Settlement Agreement, and for the Board to authorize the
Chairwoman to execute the Mediated Settlement Agreement and Addendum No. 1.
Prepared by: Scott R. Teach, Deputy County Attorney
Attachments: Mediated Settlement Agreement
Addendum No. 1 to Mediated Settlement Agreement
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5/14/2013 16.C.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.9.
Item Summary: Recommendation to approve a Mediated Settlement Agreement prior to
trial in the lawsuit entitled Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10-
6658-CA, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Consolidated
with Case No. 10- 6670 -CA), which settlement includes payment to the Board of County
Commissioners, as Ex- Off icio the Governing Board of the Collier County Water Sewer District, in
the total amount of $4,500,000 paid by John Reynolds & Sons, Inc., Ferguson Enterprises, Inc.,
Hazen and Sawyer, P.C. /Hole Montes, Inc. and Greeley and Hansen, LLC, an Addendum No. 1 to
the Mediated Settlement Agreement, and to authorize the Chairwoman to execute the
Mediated Settlement Agreement and Addendum No. 1.
Meeting Date: 5/14/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
5/7/2013 4:26:40 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
5/7/2013 4:26:41 PM
Approved By
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 5/7/2013 4:39:51 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/7/2013 4:46:52 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 5/7/2013 4:47:00 PM
Name: IsacksonMark
5/14/2013 16.C.9.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/7/2013 4:49:35 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/7/2013 4:59:52 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Plaintiff,
V.
JOHN REYNOLDS & SONS, INC., DB /A
REYNOLDS, INC., an Indiana Corporation,
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a Connecticut
Corporation, CAMP DRESSER & MCKEE INC., a
Massachusetts Corporation, GREELEY
AND HANSEN LLC, an Illinois Limited
Liability Company, and HAZEN AND SAWYER,
P.C., a New York Corporation,
Defendants.
JOHN REYNOLDS & SONS, INC. DB /A
REYNOLDS, INC.,
Third -Party Plaintiff,
V.
HAZEN AND SAWYER, P.C., a New York
Professional Corporation GREELEY AND
HANSEN, LLC, an Illinois Limited Liability
Company, FERGUSON ENTERPRISES, INC., a
Virginia
Corporation,
Third -Party Defendants.
5/14/2013 16.C.9.
Case No. 10- 6658 -CA
(Case 10- 6670 -CA Consolidated Herein)
MEDIATED SETTLEMENT AGREEMENT
THIS MEDIATION SETTLEMENT AGREEMENT of the above - captioned Lawsuit (the
"Lawsuit "), dated May 3, 2013, was made and entered into by and between COLLIER COUNTY,
FLORIDA, JOHN REYNOLDS & SONS, INC. d/b /a REYNOLDS, INC.; FERGUSON ENTERPRISES,
INC.; HAZEN AND SAWYER, P.C.; CAMP DRESSER & MCKEE, INC., GREELEY AND HANSEN,
LLC, TRAVELERS CASUALTY AND SURETY COMPANY, FAST FABRICATORS, LLC,
MUELLER WATER PRODUCTS, INC., CONTINENTAL CASUALTY, LAYNE CHRISTENSEN
COMPANY, and OLD REPUBLIC INSURANCE COMPANY (collectively referred to as "Settling
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5/14/2013 16.C.9.
Parties "). As to each Settling Party defined, such shall include their respective officers, affiliated entities,
directors, qualifiers and agents as applicable.
PURPOSE
The parties to this Settlement Agreement (the "Agreement ") acknowledge that the purpose of this
Agreement is to memorialize the resolution of all disputes of whatever nature asserted or that could have
been asserted by and between the Settling Parties arising out of or relating to the South County Regional
Water Treatment Plant ( "Project ").
AGREEMENT
The Settling Parties agree as follows:
1. SETTLEMENT SUM. The Settling Parties shall pay the following settlement sums
( "Settlement Sums ") within twenty -one (21) days of approval of this Agreement by the Board of County
Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District (the
"Collier County Board of County Commissioners "):
A. John Reynolds & Sons, Inc. dfb /a Reynolds, Inc.( "Reynolds ") to pay Collier County,
Florida ("Collier County ") the amount of One Million Four Hundred Fifty Four
Thousand One Hundred Sixty Seven Dollars ($1,454,167.00);
B. Ferguson Enterprises, Inc. to pay Collier County the amount of Five Hundred Thousand
Dollars ($500,000.00);
C. Hazen and Sawyer, P.C. /Hole Montes, Inc. to pay Collier County the amount of Five
Hundred Forty Five Thousand Eight Hundred Thirty Three Dollars ($545,833.00); and
D. Greeley and Hansen, LLC to pay Collier County the amount of Two Million Dollars
($2,000,000.00).
The Settlement Sums shall be made payable to the Carlton Fields, P.A., Trust Account, counsel for
Collier County, by check or wire transfer. Collier County and the Settling Parties expressly agree that
this Agreement is contingent upon the approval of the Collier County Board of County Commissioners.
If the Collier County Board of County Commissioners do not approve the Agreement, the Agreement
shall be null and void and of no further effect. The Settling Parties further agree that any public
statements made by Collier County in public meetings to consider approval of the Agreement shall not be
admissible for any purpose in the Lawsuit.
2. PAYMENT DEFAULT. In the event of a default of payment of the above Settlement
Sums, upon the expiration of a further five (5) day grace period, Collier County shall thereafter file a
Motion for Entry of Default Judgment with the Court together with a Notice of Hearing to Counsel for
defaulting party, and thereafter with an Affidavit of Non - payment filed with such Motion, signed and
notarized by Collier County, obtain a Final Judgment against the defaulting party, with credits given for
any and all payments made. In the event of an action to recover on a default of the above Settlement
Sums as set forth herein, the prevailing party shall be entitled to recover its attorneys' fees and costs.
3. ATTORNEY'S FEES and MEDIATOR COSTS. The Settling Parties are to bear their
own attorneys' fees and costs incurred in this Lawsuit and equally share the cost of the mediator.
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5/14/2013 16.C.9.
4. RELEASE. Other than with respect to the remaining payment obligations contained
herein, the Settling Parties do, as to one another, including any and all insurers of all Settling Parties, their
affiliates, officers, directors, employees, agents, suppliers, vendors, subcontractors, consultants,
subconsultants and Hole Montes, Inc. release each other from any and all claims, demands, and damages,
whether arising out of law or equity, arising out of or relating to the Lawsuit, the Project, and related
contracts or agreements, or those issues which may be identified, contained in and/or related to any
pleadings, responses, discovery, or expert reports exchanged during the Lawsuit (collectively, the
"Materials "). The Settling Parties expressly acknowledge that Collier County does not release and
reserves all rights with respect to latent defects in the Project, which are defined as issues not
contained or referred to in the Materials, or which are not known by the County, or which should
not have been known or discovered through the exercise of reasonable care or due diligence.
Collier County's release of the Settling Parties specifically excludes all claims, rights and causes
of action against Underground Solutions, Inc. arising from or related to the fusible PVC
incorporated into the Project. The Settling Parties further acknowledge that they shall not waive
cross - claims and third -party claims against one another in the event of a claim by Collier County
arising from a latent defect. Additionally, Reynolds and Layne Christensen Company hereby
assign and transfer all rights, claims and causes of action they may have, now or in the future,
related to or arising from the purchase of fusible PVC for the Project to Collier County. It is
expressly acknowledged and agreed that this assignment is separate and necessary consideration
for the releases provided herein. Collier County agrees to indemnify, defend and hold harmless
any and all Settling Parties who are sued as a result of Collier County's pursuit of any claim
brought against Underground Solutions, Inc. in connection with the Project.
5. AGREEMENT COMPROMISES DISPUTED CLAIMS. This Agreement is made and
entered by the parties as a compromise of disputed claims between them. None of this Agreement, the
Settlement Sums provided by it, nor any document, pleading or paper prepared and signed pursuant to the
provisions of this Agreement shall constitute or be construed or asserted as an admission of liability on
the part of any party. The parties expressly acknowledge and agree that all claims asserted or unasserted
between them have been fully and amicably resolved.
6. GOVERNING LAW. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida.
7. JURISDICTION AND VENUE. Any and all legal actions arising from or relating to this
Agreement shall be commenced in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida. The Court shall reserve jurisdiction solely to enforce the terms of this Agreement.
8. DRAFTING OF THE AGREEMENT. The Settling Parties participated in the drafting of
this Agreement and/or had it reviewed by competent counsel. Accordingly, no presumption shall be
given in favor of: or against, any Settling Party in interpreting this Agreement and the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafter shall not be employed
in the interpretation of this Agreement.
9. SEVERABILITY. If any provision of this Agreement is found to be unenforceable, the
remaining provisions hereof shall nevertheless be carried into effect.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and
understanding of the Settling Parties hereto, supersedes any prior agreement between the Settling Parties,
whether written or oral, and may not be changed, altered or modified except in writing and executed by
3
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5/14/2013 16.C.9.
the Settling Parties hereto. Each Settling Party acknowledges that no representation, inducement,
promises or agreements, orally or otherwise, was made by any Settling Party, or anyone acting on behalf
of any Settling Party, unless such representation, inducement, promises or agreements are embodied in
this Agreement.
IL REPRESENTATION BY COUNSEL. Each Settling Party was represented by
independent counsel in this matter or had the opportunity to consult with independent counsel.
Furthermore, the Settling Parties obtained advice from said counsel concerning the meaning, scope and
effect of this Agreement, or voluntarily waived such an opportunity.
12. AUTHORIZATION AND AUTHORITY. Each Settling Party represents and warrants to
the other that: (a) it is duly authorized and competent to execute this Agreement, (b) it has all necessary
corporate power and authority to enter into this Agreement and to perform the agreements contained in
this Agreement, and (c) the person signing this Agreement on behalf of such Settling Party is authorized
to execute and deliver this Agreement on behalf of such Settling Party.
13, SECTION HEADINGS. The section headings contained in this Agreement are
descriptive only and shall not be used to interpret, expand, modify, explain or limit any of the provisions
of this Agreement.
14. GREELEY AND HANSEN, LLC REMEDIATION WORK. Collier County and Greeley
and Hansen, LLC ( "Greeley ") hereby acknowledge that Greeley shall be entitled to payment at rates
previously approved by the Collier County Board of County Commissioners for engineering and
administrative services provided in connection with the remediation of the Project as a sub - consultant to
Camp, Dresser & McKee, Inc. ( "CDM ") after the approval of this Agreement by the Collier County
Board of County Commissioners. Collier County, Greeley and CDM acknowledge that Collier County
shaii not be required to make any payment for, and shall have no liability for, services rendered in
connection with the remediation of the Project prior to the approval of this Agreement by the Collier
County Board of County Commissioners.
15. DISMISSAL OF ACTION. Upon the timely receipt and clearance of all Settlement
Sums, counsel for the Settling Parties shall thereupon file their Joint Notice of Voluntary Dismissal with
prejudice of all claims, counterclaims, crossclaims and third party claims, with each party to the Lawsuit
to bear its respective attorneys' fees and costs.
16. REYNOLDS- TRAVELERS ACKNOWLEDGMENT. Notwithstanding anything
herein to the contrary, nothing in this agreement shall serve to limit, alter, diminish, or extinguish
the terms and conditions of the General Agreement of Indemnity, including any additions and/or
Riders thereto (collectively the "Indemnity Agreement "), executed by Reynolds in favor of
Travelers Casualty and Surety Company of America, which Indemnity Agreement remains in
full force and effect according to its terms and for which Travelers hereby reserves any and all
rights, remedies and obligations, at law or in equity, pursuant thereto.
17. COPIES AS ORIGINALS. The Settling Parties hereby agree that fully executed
copies of the Agreement shall be treated as originals.
r�
AGREED AND CONSENTED TO this 3 day of May, 2013.
4
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r _
COLLIER COUNTY
BY:
C -r aoo -*ti 7>'iL&n Z.
Its
.�+�Pt..t� tty't � -t'�'? to /..�'1�J•.�t �G►1�1
FERGUSON ENTERPRISES, INC.
BY: W/;/z
MPS
Its p—o=r wm-rl'ji
CAMP CKEE, INC.
i
BY:
Its
FAST FABRICATORS, LLC
BY: Ca
Its Lx_
f
U
>.1
OLD REPUBLIC INSURANCE COMPANY
Its
5
5/14/2013 16.C.9.
JOHN R. REYNOLDS & SONS, INC d/bla
REYNOLDS, .
BY:
its
RAZEN AND SAWYER, P.C.
BY: /
Its
GREELEY AND HANSEN , LLC
BY: 4iJ+t�e �t
Its
MUELLER WATER PRODUCTS, INC.
BY:'%"
Its
TRAVELERS CASUALTY AND PROPERTY
INS URAN COMPAS�,
BY.
Its .dur!"I �,�•1... r
Its CrCt10''.•- �°-,c -nep r( (- C,"ie�
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5/14/2013 16.C.9.
ATTEST: Collier County Board of County
DWIGHT E. BROCK, Clerk Commissioners, as the Ex Officio Governing Body
Of the Collier County Water Sewer District
By: Collier County Deputy Clerk Georgia A. Hiller, Esq. Chairwoman
Approved as to form and
Legal sufficiency:
Scott R. Teach
Collier Deputy County Attorney
6
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5/14/2013 16.C.9.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, a political CASE.NO. 10- 6658 -CA
subdivision of the State of Florida, (Case No. 10 -6670 Consolidated Herein)
Plaintiff,
V.
JOHN REYNOLDS & SONS, INC.
D /B /A REYNOLDS, INC., an Indiana
Corporation,
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a Connecticut
Corporation, CAMP DRESSER & MCKEE
INC., a
Massachusetts Corporation, GREELEY AND
HANSEN LLC, an Illinois Limited
Liability Company, and HAZEN AND
SAWYER,
P.C., a New York Corporation,
Defendants.
JOHN REYNOLDS & SONS, INC. DB /A
REYNOLDS, INC.,
Third -Party Plaintiff,
V.
HAZEN AND SAWYER, P.C., a New York
Professional Corporation, GREELEY AND
HANSEN, LLC, an Illinois Limited Liability
Company, and FERGUSON ENTERPRISES,
INC., a Virginia Corporation,
Third -Party Defendants.
ADDENDUM NO. I TO THE MEDIATED SETTLEMENT AGREEMENT
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5/14/2013 16.C.9.
This Addendum No. 1 to the Mediated Settlement Agreement is effective May 3, 2013
and fully incorporates the terms, defined ternn, and conditions of the Agreement except as
specifically set fortli below.
WHEREAS, the Settling Parties participated in a two day mediation regarding the
Lawsuit;
WHEREAS, as a result of that two day mediation, the Settling Parties reached an
agreement for the resolution of the Lawsuit on the terms and conditions set forth therein; and
WHEREAS, the Settling Parties desire to clarify the scope of the release provided in
Paragraph 4 as it relates to any and all causes of action Hazen and Sawyer. P.C. has against Hole
Montes, Inc. arising out of or relating to this Project and the Subcontract between them are
expressly reserved and excepted out of the operation of the Release.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Settling Parties do hereby agree as follows:
I. The amount paid in Article l.C. will be funded by Hazen and Sawyer, P.C. within
the time frames set forth in the Agreement.
.
2. Article 4 of the Agreement is expressly clarified to read and to include that any
and all causes of action Hazen and Sawyer, P.C. has against Hole Montes, Inc. arising out of or
related to the Project or the Subcontract between them are expressly reserved and excepted out of
the operation of the Release.
3. All other terms, defined terms and conditions of the Agreement remain in full
force and effect.
4. This Addendum No. I may be executed in counterpart by the Settling Parties by
U.S. Mail, facsimile or electronic mail.
AGREED AND CONSENTED to this 3'd day of May, 2013.
COLLIER COUNTY
BY:
0 C.; a: —_-- 'V11 A011 4z—,
Its t 3:31.a, 7r!Q 0
LA71"T1C:y �O'SeLji."�
1)
JOHN H. REYNOLDS & SONS, INC. d/b/s
REYNOLDS, INC.
IM
Its
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5/14/2013 16.C.9.
FERGUSON ENTERPRISES, INC.
HAZEN AND SAWYER, P.C.
BY:
BY:
Its
Its
CAMP DRESSEER & MCKEE, INC.
GREELEY AND HANSEN, LLC
BY:
BY:
Its
Its
FAST FABRICATORS, LLC
MUELLER WATER PRODUCTS, INC.
BY:
BY:
Its
Its
CONTINENTAL CASUALTY
TRAVELERS CASUALTY AND PROPERTY
INSURANCE COMPANY
BY:
BY:
Its
Its
OLD REPUBLIC INSURANCE COMPANY
LAYNE CHRISTENSEN COMPANY
BY:
BY:
its
Its
3
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5/14/2013 16.C.9.
FERGUSON ENTERPRISES, INC.
HAZE SAWYER
BY:
e
Its
Its Vices r�2c /Di
CAMP D 'EER & C E* INC.
GRSELIC1fJAND FL►NSEN
BY
BY:
Its
Its
FAST FABRICATORS, LLC
MUELLER WATER PRODUCT'S, INC.
BY:
BY:
Its
its
CO FAL CASUAL'
TRAVELERS CASUALTY AND PROPERTY
INSURANCE COMPANY
BY:
BY:
its
v
Its
OLD REPUBLIC INSURANCE COMPANY
LAYNE CHRLVMSRN COMPANY
BY:
BY:
Its
its
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5/14/2013 16.C.9.
FERGUSON ENTERPRISES, INC.
HAZEN AND SAWYER, P.C.
BY:
BY:
Its
Its
NIP DRESSEER & MCKEE, INC.
GREELEY AND HANSEN. LLC
BY:
BY:
Itc
Its
FAST FABRICATORS, LLC
MUELLER WATER PRODUCTS, INC
BY:
BY:
i Its
its
CONTINENTAL CASUALTY
TRAVELERS CASUALTY AND PROPERTY
INSURANCE COMPANY
BY:
BY:
Its
Its
OLD REPUBLIC INSURANCE COMPANY
LAYNE CHRISTE�ISEN CO
BY:
BY-'
—Jen^. Fanska
Its
Its Senior Vice Pmsident Finance Treasure
3
Packet Page -2730-
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, DEPUTY CLERK
Approved as to form and legal sufficiency:
Scott R. Teach
Deputy Collier County Attorney
5/14/2013 16.C.9.
BOARD OF DISTRICT COMMISSIONER, COLLIER
DISTRICT, FLORIDA, AS THE GOVERNING BODY
OF COLLIER DISTRICT AND EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER DISTRICT
WATER -SEWER DISTRICT
By:
GEORGIA HILLER, ESQ„ CHAIRWOMAN
(4)
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