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Backup Documents 03/27/2012 Item #11N11N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. March 27, 2012 Agenda Item Number 11N 2. Original document has been signed/initialed for legal sufficiency. (All documents to be 3. Agreement I Number of Original 1 original 4. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 3� 5. Trish Morgan Clerk's Minutes and Records 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. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, 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 item.) Name of Primary Staff Contact Steve - W+iarns;*ssistanteou�y iQ' e.. Phone Number 252 -8400 Agenda Date Item was March 27, 2012 Agenda Item Number 11N Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Agreement I Number of Original 1 original Attached the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documes Routing Slip WWS Original 9.03.04 l/ Ste# �� Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the 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 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 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 initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be 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. Return 1 fully executed co ' to in CAO I: Forms/ County Forms/ BCC Forms/ Original Documes Routing Slip WWS Original 9.03.04 l/ Ste# �� 11N � MEMORANDUM Date: March 30, 2012 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement w/Malcolm Pirnie, Inc. Attached for your records are two originals as referenced above, (Agenda Item #11N) approved by the Board of County Commissioners on Tuesday, March 27, 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 -7240. Thank you. Attachments 11N SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER COUNTY AND MALCOLM PIRNIE, INC. THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the �I-- "Agreement ") is entered into and made as of March k7 , 2012, by and between Collier County (hereinafter referred to as "the County "), a political subdivision of the State of Florida, and MALCOLM PIRNIE, INC. WITNESSETH: WHEREAS, MALCOLM PIRNIE provided construction management and consulting inspection services in accordance with Purchase Orders issued under Contract No. 05 -3657 on the Forest Lakes MSTU project (the "Project "); and WHEREAS, the Project involved construction to perform grading and drainage improvements, maintenance dredging, shoreline restoration and slope stabilization on thirteen lakes and a drainage ditch within the Forest Lakes MSTU; and WHEREAS, the commencement of construction of the Project was delayed by the un- contemplated necessity of obtaining a South Florida Water Management District ( "SFWMD ") permit and later by unforeseeable underground conditions that required extensive rock removal by the construction contractor, all of which extended the final completion date until December 17, 2010; which was approximately a year and one half longer than originally anticipated; and WHEREAS, due to the delays experienced throughout the course of the Project, the County issued Two Change Orders and Work Directive No. 3 to add additional services essential to the completion of the Project as well extending the number of days required of MALCOLM PIRNIE to provide construction oversight services in the field throughout the entire duration of the construction project; and WHEREAS, MALCOLM PIRNIE presented a final payment application in the amount of $59,480 as a claim for services on the Project, which total amount sought was disputed by the County and payment thereof declined; and WHEREAS, the County does not contest that it authorized and received benefit from the construction oversight services provided by MALCOLM PIRNIE through the issuance of the Change Orders and Work Directive that added additional days of construction oversight, just as to the authorized number of days; and WHEREAS, in the interest of avoiding litigation, with its attendant costs and uncertainties, the Parties wish to settle all outstanding claims pertaining to the consulting 11 N -f services MALCOLM PIRNIE provided under Contract No. 05 -3657, by County paying the reduced, compromised amount of $35,000, in exchange for MALCOLM PIRNIE releasing County from all claims 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 MALCOLM PIRNIE, within 30 days from the date first set forth above, the sum of $35,000. 2. This Agreement constitutes the mutual release of any and all claims of, by, for, on behalf of, and between Collier County and MALCOLM PIRNIE as to any and all issues or obligations whatsoever that each party may have had, may now have, or hereafter may have, against the other, concerning or arising out of any facts, allegations or circumstances, from the beginning of time to the date of this Agreement, pertaining to the Project. 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 above recitals, neither Party is aware of any claim or potential cause of action it may presently have against the other. 4. 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. 5. 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. W 11N IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E,,BR,,O�K,.Clerk Y Clerk Approved as to form and legal sufficiency I Stev n T. Williams r 1`"' 1— breftly Assistant Cdt rtty Attorney As to MA O P,I"N E, INC. By: r Name: Gerard P. Caw aRfzzi Title: Vice President/General Counsel STATE OF NEW YORK: COUNTY OF WESTCHESTER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: I' Y FRED W. COYLE, Chairman The foregoing Agreement was acknowledged before me this 14th day of March , 2012, by Gerard P. Cavaluzzi , Vice President /General Counsel of MALCOLM PIRNIE, INC., who is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment CUPIML NOWY I'ok, so" of Now vuh Qi.! p on W 001CU61271mQ Co rmbsion "U 0 3 1