Backup Documents 09/24/2019 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT I I C E 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT ,(�
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to th (Alin
.41td�t(4
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 Risk Management
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. Risk Risk Management /4
14
2. County Attorney Office County Attorney Office5 e fk 51-
/
4. BCC Office Board of County W�
Commissioners l ,G
4. Minutes and Records Clerk of Court's Office / 7
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
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 additional or missing information.
Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950
Contact/ Department
Agenda Date Item was September 24, 2019 Agenda Item Number 16.D.3.
Approved by the BCC
Type of Document AMENDMENT Number of Original 2 ✓
Attached Documents Attached
PO number or account N/A 17-7225 Atkins North
number if document is Atkins North America, Inc.
to be recorded
America, Inc. Quality Enterprises
Quality Enterprises USA, Inc.
USA, Inc.
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 N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 AR
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 N/A
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 AR
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 09/24/2019 and all changes made during N1A i of
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the versisaw66141ci e /A is not
BCC,all changes directed by the BCC have been made,and the do ument is ready for the co-" option for
Chairman's signature. _
610Zti '■
n
16D 3
MEMORANDUM
Date: October 1, 2019
To: Ana Reynoso,
Procurement Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Release
Contractor: Atkins North America, Inc.
Quality Enterprises USA, Inc.
Attached for your records is an original of the referenced document above,
(Item #16D3) adopted by the Board of County Commissioners on Tuesday,
September 24, 2019.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16133
ul h. . U h : \ 1 t
Atkins North America, Inc. ("Atkins"),a Florida for profit corporation, Quality Enterprises,Inc.
("Quality"), a Florida for profit corporation, and Collier County, Florida, a political subdivision of the
State of Florida (the "County") (collectively, the "Parties" or each individually, a"Party") hereby enter
into this Settlement Agreement and Release (the "Agreement"). The Agreement shall be deemed
effective as of the tat" day of September 2019 (the "Effective Date").
WHEREAS,pursuant to County Contract#17-7225 with Quality,as the contractor,and County
Contract # 14-6322 with Atkins, as the Engineer of Record, the County provided a Notice to Cure
Foundation Slope for Bus Stop Site#137(the"Project")to both Quality and Atkins dated July 15,2019,
a copy of which Notice is attached hereto as Exhibit"A." (hereafter,the"Dispute"); and
WHEREAS, all Parties agree that the total cost to resolve the Dispute is$11,499.28 and that
said amount shall be evenly split between Quality and Atkins; and
WHEREAS, Quality intends to bill the County for only $5,749.64 in Project overages and
County seeks to recover$5,749.64 from Atkins in settlement of the Dispute; and
WHEREAS, the Parties have agreed to accept the County's terms and conditions in order to
resolve this Dispute in an amicable manner satisfactory to all Parties.
NOW, THEREFORE, in consideration of the mutual covenants, promises, representations,
and warranties contained herein,the Parties, intending to be legally bound, do hereby agree as follows:
1. No later than the Effective Date,Atkins shall issue a check payable to the County in the
amount of$5,749.64 in full and final settlement of the Dispute.
2. Quality hereby agrees to include in its final payment application a reimbursement request
for the agreed amount of $5,749.64 in overages referenced above in full and final settlement of the
Dispute.
3. Except as to the specific obligations that arise out of or relate to the
Dispute, as memorialized by this Agreement, County hereby releases and forever discharges
Atkins and Quality, their owners, members, employees, representatives, officers, agents, attorneys,
successors and assigns, from any and all claims, debts, liabilities, demands, obligations, costs,
expenses, attorneys' fees, causes of action, defenses and offsets of every nature, character and
description which County has held, now holds, or may hold in the future.
4. Except as to the specific obligations that arise out of or relate to the
Dispute, as memorialized by this Agreement, Atkins and Quality hereby release and
forever discharge County, its representatives, employees, officers, agents, attorneys, successors and
assigns, from any and all claims, liens, debts, liabilities, demands, obligations, costs, expenses,
attorneys' fees, causes of action, defenses and offsets of every nature, character and description which
Atkins and Quality have held, now hold,or may hold in the future.
5. The Parties expressly understand, agree and acknowledge that each of the other Parties
deny any liability to the others, and that this Agreement does not constitute either an admission of
liability by any of the Parties with respect to any claims raised, or that could have been raised with
regard to the Dispute.
1
3
6. Time is of the essence for this Agreement.
7. The persons executing this Agreement represent and warrant that they have full and
unconditional authority to act for and to bind that particular Party.
8. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Florida.
9. The Parties warrant,represent,and agree that they have completely read this Agreement,
have had the opportunity to review its terms with counsel of their choosing, and fully understand and
voluntarily accept the terms of this Agreement.
10. The provisions of this Agreement are severable, and, if a court having proper jurisdiction
declares any provision invalid, the invalidity of any provision hereof shall not invalidate any other
provision. Venue for purposes of enforcement of this Agreement shall be within the Courts in and for
Collier County,Florida.
11. This Agreement contains the entire agreement of the Parties with respect to the matters
contained herein and no prior to or contemporaneous agreement or understanding, oral or written,
pertaining to any such matters shall be effective for any purpose. The terms of this Agreement are
contractual and not a mere recital. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original; however, in pleading and proving this Agreement only one
such counterpart need be produced.
18. Each Party shall pay his or its own legal fees incurred in the negotiation, drafting, or
execution of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have duly authorized and executed this
Agreement effective as of the date first above written.
2
160 3
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzelz Clerk of Courts COLLIER CO6 ) �� 1 'IDA
And Comptroller
By: - `i By: W
�.�.
0,40
DeiTh
ut > 1 r Willi/ L. McDaniel, Jr., Chai an
Attest as to Chainflani
signature only. l �
•,..ro ed as to f• and legality:
Scott R. Teach
Deputy County Attorney
3
1603 3
..0O�iH AMFR
ATKINS NORTH AMERICA, INC. l` cov`P�404.../c9
i
Y SEAL IS
1--• 1960 •
..«..•
Name: Rene de los Rios �°I�Ni••
Title: Associate General Counselni
Dated: August 28, 2019
WITNESSES:
a
Signe Name
Mercedes Telleria
Printed Name
eePElkill-alf2- _
Signed Name
Yami Abreu
Printed Name
4
160 3
QUALITY ENTERPRISES USA, INC.
By: dirgli <-----__
Name: A . is r .0 .10
Title: Inv es .�i
Dated: ; 0'
WITNE __:
4/ . ems----
AISigned Ni e
I,. fiktr4 10 i
1/ r
Printed Na r ,_ilir411111111=11w-
Oillw
Alitin
Signed a 11- \
L6U,NA 1-PYllah�
Printed Name
5
EXHIBIT"A" 160 3
Co ter County
Public Services Department
Public Transit & Neighborhood Enhancement Division
July 15,2019
Louis J.Gaudio,Vice President Victor Poteat,Senior Vice President
Quality Enterprises USA, Inc. Atkins North America, Inc.
3494 Shearwater Street 1514 Broadway Suite 201
Naples, FL 34117 Ft. Myers FL 33901
Lgaudio@qeusa.com
Subject: Contract#17-7225 with Quality Enterprises&Contract# 14-6322 with Atkins North America,
Inc.-Notice to Cure Foundation Slope for Bus Stop Site#137
Dear Mr.Gaudio and Ms.Alvarez,
At the meeting with you both on June 5,2019,all parties agreed that the design prepared by Atkins North
America, Inc., for subject bus-stop site#137, was incorrect and did not meet the slope requirement. All
parties further agreed that upon discovery of the error, Quality Enterprises failed to notify Atkins or the
County,so that the Engineer of Record could resolve the error, prior to construction occurring at the site.
At the end of that meeting, you both agreed to share the cost of the work, coordinate the schedule of
completion,and submit the schedule to the County.
Please be advised that the County does appreciate both vendors taking ownership of their part by
agreeing to share the cost and responsibility of correcting the problem. However, as of this
correspondence, the corrective work has yet to be performed and the work at the site remains
unaccepted by the County due to the existing deficiency. Therefore, the County must move forward to
obtain resolution of this outstanding issue.
Pursuant to the terms of your respective contracts with the County, this correspondence shall serve as
Collier County's Notice to Cure the deficient work referenced-above, by close of business on August 5,
2019. The County will consider failure to do so as a material breach of your respective contracts and
thereafter be forced to seek all legal remedies and damages recoverable.
We look forward to you resolving this matter shortly.
Respectfully,
Michelle Arnold, Director
Public Transit& Neighborhood Enhancement Division
CC:Sandra Herrera, Procurement Manager, Procurement Services Division
1 t-
Public Ir trill&N titxxhood Fnhancement•3299 1 arnramr Trail F .Suite 103•Naples.Florida 341125746•239-252-5840•FAX 239-252-6628•www collrergov nel
CA