Backup Documents 03/13/2012 Item #11JORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J
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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
A ti, n nf'thA rha;�,,, w. �i� to , it a line thmugh rnnting lines #1 through 94. comnlete the checklist- and forward to Sue Filson (line #5).
_ .... ...._ . ° - --- -- - -- - - - - - -- - - -
Route to Addressee(s)
(List in routing order
--
Office
Initials
Date
1.
(Initial )
Applicable)
2.
March 13, 2012
Agenda Item Number
Ili
3. ��_..- -.•—'r
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
4. Scott R. Teach, Deputy County Attorney
County Attorney
Number of Original
03/14/12
5 Ian Mitchell, BCC Executive Manager
Board of County Commissioners
Documents Attached
3/1;; 1,L
6. Minutes and Records
Clerk of Court's Office
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. P> imary contact information is needed in the event one of the addressees above, including Sue Filson, 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
Name of Primary Staff
Scott R. Teach
Phone Number
(239) 252 -8400
Contact
(Initial )
Applicable)
Agenda Date Item was
March 13, 2012
Agenda Item Number
Ili
Approved by the BCC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
Type of Document
Settlement Agreement with RWA, Inc.
Number of Original
1
Attached
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
«matter number» /«document number»
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate.
Yes
N/A (Not
(Initial )
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the
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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 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
N/A
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
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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
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initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip should be
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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.
The document was approved by the BCC on 03/13/12 and all changes made during the meeting
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have been incorporated in the attached document. The County Attorney's Office has reviewed
the changes, if applicable.
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Please return one executed copy to Scott R. Teach, Deputy County Attorney.
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I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
«matter number» /«document number»
11J
MEMORANDUM
Date: March 19, 2012
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement and Release between Collier County and
RWA. Inc.
Attached for your records is a copy as referenced above, (Item #11J) approved by the
Board of County Commissioners March 13, 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 -8411.
Thank you.
Attachments
SETTLEMENT AGREEMENT AND RELEASE BETWEEN JJ
COLLIER COUNTY AND RWA, INC.
THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the
"Agreement ") is entered into and made as of March 13, 2012, by and between Collier County
(hereinafter referred to as "the County "), a political subdivision of the State of Florida, and
RWA, Inc. (hereinafter referred to as "RWA "), a Florida corporation with its main office located
in Naples, Florida.
WITNESSETH:
WHEREAS, on December 8, 2008, the County opened Work Order Number
45001031156 under Contract No. 07 -4112 with RWA for the provision of professional design,
surveying and engineering support services on the Gateway Triangle Stormwater Improvements
— Phase 2 Construction, Project No. 51803 (the "Project "); and
WHEREAS, the Project included the installation of a stormwater improvements within
the right of way of U.S. 41 at the intersection of US 41 and Palm Street in Collier County,
Florida, which extended less than two hundred feet on either side of the US 41 right of way; and
WHEREAS, the prompt completion of the Project was impeded by numerous
unforeseeable unstable surface conditions, which delayed both the means and the method of
timely completing the Project, and resulted in additional expense incurred by both the contractor
on the Project, Stevens and Layton, Inc., as well as RWA; and
WHEREAS, those unforeseeable conditions resulted in a change from a directional bore
drilling under US41 and Palm Street to an open cut, requiring the preparation of additional plans
and obtaining necessary permits from the Florida Department of Transportation ( "FDOT "); and
WHEREAS, RWA's continued provision of professional engineering support services
to: (1) oversee the placement of the multiple attempted directional bores and subsurface piping,
(2) prepare plans to provide for an alternative course of construction involving an open cut on
US41, and (3) facilitating the procurement of required permits from FDOT was a critical and
necessary aspect of completing the Project; and
WHEREAS, RWA claims it incurred additional fees related to its extended oversight of
the Project through completion in the sum of $36,000.00 but is willing to accept the reduced sum
of $27,000.00 as negotiated with the County in compromise of a disputed claim for
reimbursement; and
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WHEREAS, the County believes that compromised sum of $27,000.00 is consistent with
the general engineering services provided by RWA under Work Order Number 45001031156
and Contract No. 07 -4112, which services are not being criticized or considered deficient or
below the standard of care, and concurs that it accurately reflects the time and resources spent by
RWA on the Project; and
WHEREAS, in the interest of avoiding litigation, which has not been brought by RWA,
with its attendant costs and uncertainties, the Parties wish to settle all outstanding claims
pertaining to the engineering and surveying consulting services it provided under Work Order
Number 45001031156 and Contract No. 07 -4112, by County paying the reduced, compromised
amount of $27,000.00, in exchange for it being released with respect to any claim that RWA has
made, or could make, 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 RWA, within 30 days from the date first set forth above, the
sum of $27,000.
2. In consideration of this sum, RWA, on behalf of itself, its officers, employees,
shareholders, directors, agents, representatives, members, affiliates and subsidiaries, and the
successors and assigns of each of them, hereby releases County from any claims, damages and
causes of action which were or which could have been asserted related to Contract # 07 -4112 and
with respect to Work Order Number 45001031156, pertaining to the Gateway Triangle
Stormwater Improvements — Phase 2 Construction, Project No. 51803,that RWA may have had,
may now have, or hereafter may have, concerning or arising out of any facts, allegations or
circumstances, from the beginning of time to the date of this Agreement.
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 recitals, neither Party is aware of
any claim or potential cause of action it may presently have against the other.
4. The Parties understand and agree that this Settlement is the compromise of a
disputed claim for payment and that County agrees and understands that as of the date of this
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Agreement, County does not have any concerns or criticism of the design professional work
provided by RWA.
5. 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.
6. 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.
REMAINDER INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E. BROCK, Clerk
Clerk
t1 iv�J04'aA
Approved as 'to form and
le fide cy
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: C'J' — FRED W. COYLE, Chairman
ham, #
At� 313iz
Date
ReC'd
2
As to RWA, In .
By:
Name: Christopher O Wright, P.E.
Title: CEO
STATE OF FLORIDA:
COUNTY OF COLLIER:
e foregoing A eeme t was know edged me
2012, by `tQ/1 ]AT
,&4pt_
11J
this 11—Nay of
of RWA, Inc., who is
personally known to me or has prod ed as proof of identity.
[NOTARIAL SEAL] Qu�n�—
Signature of Person Taking Acknowledgment
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