Backup Documents 03/22/2016 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO lutt A 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 3/22/16
4. BCC Office Board of County
Commissioners \ 7 /
5. Minutes and Records Clerk of Court's Office t m 3 S 2_ (4 3:2i
fin
PRIMARY CONTACT INFORMATION II
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,may need to contact staff for addif nal or missing information.
Name of Primary Staff Kevin Dugan, ransportation Engineering 348-1328
Contact/ Department
Agenda Date Item was 3/22/16 Agenda Item Number 16-A-3
Approved by the BCC
Type of Document Agreement and Release(Atkins North Number of Original One
Attached America) Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK KN
2. Does the document need to be sent to another agency for additional signatures? If yes, KN
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KN
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KN
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 3/22/16 and all changes made during the KN
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the 3\1 _.
Chairman's signature. V 3\1
PLEASE PROVIDE FULLY EXECUTED COPY TO ASSISTANT COUNTY ATTORNEY KEVIN
NOELL vr1��v�v-N•••..
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 A3
MEMORANDUM
Date: March 23, 2016
To: Kevin Dugan, Project Manager
Transportation Engineering & Construction Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement and Release with Atkins North America, Inc. in
regards to Contract #11-5690 (Projects No. 60073 & No. 60092)
A copy of the Agreement and Release referenced above (Item #16A3) approved by
the Board of County Commissioners on March 22, 2016, is attached for your records.
The original has been held by the Minutes and Records Department for the Board's
Official Record.
Ifou have anyquestions, please contact me at 252-8406.
Y
Thank you.
Attachment
1 6 A3
MEMORANDUM
Date: March 23, 2016
To: Kevin Noel1, Assistant County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement and Release with Atkins North America, Inc. in
regards to Contract #11-5690 (Projects No. 60073 & No. 60092)
A copy of the Agreement and Release referenced above (Item #16A3) approved by
the Board of County Commissioners on March 22, 2016, is attached for your records.
The original has been held bythe Minutes and Records Department for the Board's
g p
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 A3
AGREEMENT AND RELEASE
THIS AGREEMENT AND RELEASE ("Agreement") is made and entered into on
this 2-2.v-A day of o.Y,c4\ , 2016, by and between the Board of
Commissioners of Collier County, Florida, a political subdivision of the State of Florida
("Collier"), and Atkins North America, Inc., a Florida corporation ("Atkins") collectively
"Parties."
WITNESSETH:
WHEREAS, Atkins was contracted by Collier to provide Construction Engineering
and Inspection services on a projects #60073 & 60092 "Project" at SR 951 — Collier
Boulevard ("Professional Services Agreement Contract #11-5690); and
WHEREAS, Astaldi Construction Corporation "Contractor" was contracted by
Collier to construct the project (Contract #10-5342); and
WHEREAS, at some point prior to July 2014, the Parties became aware that
structures S-305 and S-400a were not built by the Contractor in accordance with the
construction plans; and
WHEREAS, thereafter the Parties determined that the above-referenced
structures must be built ("Corrective Work"); and
WHEREAS, Atkins has agreed with Collier to offer a settlement in the amount of
$30,100.00; and
WHEREAS, the Parties desire to address the cost of the Corrective Work under
the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual promises, covenants,
agreements and conditions contained herein and for other good and valuable
consideration, receipt of which is hereby acknowledged, the Parties hereto agree as
follows:
1 RECITALS. The recitals set forth in this Agreement are true and correct and are
incorporated herein by reference.
2. COMPENSATION. The Parties agree that the total compensation to be paid by
Atkins to Collier to effect the Corrective Work is Thirty Thousand Dollars One Hundred
and zero cents ($30,100.00). Payment will be made to Collier within thirty (30) business
days of the Effective Date of this Agreement, as defined in Paragraph 4, Effective Date.
3. RELEASE. In consideration of the execution of this Agreement by Atkins and the
compromise contained herein, Collier, by execution hereof, waives, releases and
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16 A3
relinquishes all claims it may have against Atkins for any and all costs to complete the
Corrective Work that exceed the amount specified in Paragraph 2, Compensation.
4. EFFECTIVE DATE. This Agreement will be effective upon execution by both
Parties and acceptance by the Board of County Commissioners.
5. AUTHORITY OF PARTIES. The Parties hereby represent and warrant that each
has the full power and authority to enter into this Agreement and that all consents and
authorizations required in order to enter into and perform this Agreement have been
obtained and are in full force and effect.
6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the Parties and, unless otherwise provided herein, may be amended only in
writing, signed by the Parties to this Agreement.
7. DRAFTING. The Parties agree that this Agreement will be construed without
regard to the drafter of the same and will be construed as though each party to this
Agreement participated equally in the preparation and drafting of this Agreement.
8. NO ADMISSION OF LIABILITY. The Parties further agree and acknowledge that
by entering into this agreement the Parties have sought to handle the Corrective Work
in the most cost-effective manner without either party admitting any liability with regard
to the issues that have necessitated the Corrective Work.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement and
Release on the day and year first written above.
Dated: ir 3 ?01
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
By: By: D "4' A
r-- ---- 43' •'yClerk DONN A FIALA, CHAIRMAN
Attest as
signature only.
Approved as to form and legality:
Item#
By: 7 Agenda 3,2240
Kevin Noell Date
Assistant County Attorney Date 3.2 .ife
Recd
altit
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1643
ATKINS NORTH AMERICA, INC.
G-71),A By: e-e'
Witness Signature
Deborah L. Shimel Rene de los Rios, Vice President
Associate General Counsel
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