Backup Documents 04/23/2024 Item #16K8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 K
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE r` O
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.
** 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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office SRT/mb
4. BCC Office Board of County CH by MB (/
Commissioners [s] 1 3/2
5. Minutes and Records Clerk of Court's OfficeCPA- YI
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 4/23/24 Agenda Item Number 16.K.8
Approved by the BCC
Type of Document(s) Partial Agreement Number of Original 1
Attached Documents Attached
PO number or account
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 signature?(stamped unless otherwise stated) MB
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 legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
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 uploaded to the
agenda. 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_4/23/24_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County */mi an option for
Attorney Office has reviewed the changes, if applicable. ( this lin
9. Initials of attorney verifying that the attached document is the version approved by the / N/A is it
BCC, all changes directed by the BCC have been made, and the document is ready for the Ster�/�►j an option,for
Chairman's signature. this l '
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
6K8
PARTIAL SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and Quality Enterprises USA, Inc. ("QE") on the one hand, and the Board of
County Commissioners for Collier County, Florida ("CC"), on the other hand. QE and CC shall
hereinafter be collectively referred to as the "Parties".
WHEREAS, a dispute arose between the Parties over a Design-Build Agreement
solicited as RPS # 20-7708 (hereafter the "Contract") for the Design Build of Veteran Memorial
Boulevard Extension-Phase I (the "Project"); and
WHEREAS, the Parties have partially resolved their differences and desire to reduce
their settlement understanding to a writing.
NOW THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all Parties),
the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated by
reference.
2. Effective Date. The "Effective Date" of this Agreement is the date that the Board
of County Commissioners executes the Agreement following the April 23, 2024 Board meeting.
3. Denial of Liability. No Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement.
4. Reservation of Claims/Defenses. The Parties reserve claims and defenses
relative to a dispute relating to QE's Request for Change Order No. 3 relative to QE's claim for
allegedly differing site conditions for embankment/excavation.
5. Payment. Within 20 days of the Effective Date of this Agreement, the Collier
County Clerk shall pay to QE the total sum of $833,653.64, which represents payment of
Payment Application 24 in the amount of $421,153.69 and a portion of retainage in the amount
of $412,499.95 (with CC retaining $130,000.00 of retainage related to remaining Work, as set
forth in Paragraph 6a., on the Project).
6. Completion of Work. QE agrees to complete the following tasks and provide all
documents required by the Contract within the time periods as set forth below:
a. Punch List. The following items in the Punch List ("Punch List"). The Punch
List is set forth in the attached Exhibit "A". Punch List Items shall be
completed by QE by July 1, 2024.
b. Close-Out Documents. The Close-Out documents means the required
warranties, as-builts, affidavit of payment, release of lien and claim, and all
such other documents required under the Contract, which shall be provided
prior to the final release of any remaining payment owed to QE.
S
6K8
c. $130,000 Retainage. Shall be released within 20 days after QE completes the
Punch List items on Paragraph 6a and delivers the Close-Out Documents set
forth in Paragraph 6b.
7. Partial Release and Discharge.
a. QE: Except for the obligations set forth herein, and the dispute relative to
QE's Request for Change Order No. 3 for embankment/excavation, QE
hereby releases, acquits, satisfies, and forever discharges CC (including any
and all employees, officers, directors, successors, assigns, legal
representatives, insurers, attorneys and agents of CC) of and from any and
all, and all manner of action and actions, cause and causes of action, claims
under the Florida prompt payment act, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims, and demands whatsoever, in law or in equity,
relative to the Project, which QE had, now has, or which any employees,
officers, directors, successors, assigns, legal representatives, insurers,
attorneys or agents of QE hereinafter can, shall or may have arising out of, or
relating to the Contract and Payment Application No. 24 from the beginning of
the world to the day of this Agreement.
b. CC: Except for the obligations set forth herein, the dispute relative to QE's
Request for Change Order No. 3 and Warranty work, CC hereby releases,
acquits, satisfies, and forever discharges QE (including employees, officers,
directors, successors, assigns, legal representatives, insurers, attorneys and
agents of QE) of and from any and all, and all manner of action and actions,
cause and causes of action, claims for liquidated damages, suits, debts, dues,
sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims, and demands whatsoever, in law or
in equity, relative to the Project, which CC ever had, now has, or which any
employees, officers, directors, successors, assigns, legal representatives,
insurers, attorneys, agents, heirs or assigns of CC hereinafter can, shall or
may have arising out of, or relating to the Contract and Payment Application
No. 24 from the beginning of the world to the day of this Agreement.
8. Warranty. QE's one year warranty shall begin from Final Completion of the
Project.
9. Enforcement of the Settlement Agreement. This Agreement is subject to
enforcement under Rule 1.700, et seq. of the Florida Rules of Civil Procedure, as if this
settlement were the result of a court-ordered mediation conference. The Agreement is the joint
product of the Parties and shall not be construed against any Party as the drafter.
10. Governing Law and Venue. This Agreement and all other documents executed
in connection with this Agreement are governed by and shall be interpreted under Florida law.
The sole and exclusive venue for any litigation among the Parties that may arise out of, or is
related to this Agreement, or any documents executed in connection with this Agreement shall
be a court of competent jurisdiction in and for Collier County, Florida.
2 CAO
1b K
11. Enforceability. In the event that any provision of this Agreement is found to be
void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or
in part, shall continue to be enforceable to the greatest extent allowed by law and to the same
extent as if the void or unenforceable provision were omitted from the Agreement.
12. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Agreement and to execute or prepare any other documentation
necessary to effectuate the terms of this Agreement.
13. Acknowledgement of Independent Counsel/Tax Advice. The Parties hereto
acknowledge and affirm that they:
a. Have each been represented by separate legal counsel, or they have had the
opportunity to consult with legal counsel and their separate tax advisors as to
their respective rights and responsibilities hereunder;
b. Have entered into this Agreement intentionally and voluntarily, and in doing so
are not acting under any duress or coercion; and
c. Have read or have had read to them, and understand all terms and provisions
of this Agreement, and have not relied upon explanations from the Mediator,
other parties to this Agreement, or counsel to the other parties to this
Agreement.
14. Entire Settlement Agreement. This Agreement contains the entire agreement
between the Parties, and all prior or contemporaneous negotiations or representations are
merged into this Agreement.
15. Paragraph Headings. Captions and paragraph headings in this Agreement are
for convenience and reference only and do not define, describe, extend or limit the scope or
intent of this Agreement or any provision herein.
16. Attorney's Fees for Breach of Agreement. In the event any Party breaches
this Agreement, the party having to enforce this Agreement shall be entitled to recover its
attorney's fees and costs, through litigation and any and all appeals.
17. Counterparts and Facsimile Signatures. This Agreement may be executed in
counterparts with each copy being deemed an original. A facsimile signature on this Agreement
will be deemed to be equivalent to an original signature.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date indicated
herein.
Signed, sealed and delivered in the presence of:
3 CAO
6K8
COLLIER COUNTY, FLORIDA
L)),001
Date By:
Print Name: IY'/!)1 ly 3 :011
Its:
Ims Leprbrept lead
�T�aL c_ z,
Date QUALITY ENTERPRISES USA, INC.
By:
Print Name: i,ovzs .f 6a0oza
Its: Jrc� f 1'2r'sr v i
4 OCA°
16K8 '
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER O TY, FLORIDA
&)Comptroller
By: By:
est as to Chairman's is Hall, Chairman
`l gnature only
.,••Dated: `T Di LI` _�jn'-`'[
SSE L)
Approv d a to fo a leg lity:
By: ZA.•
Scott R. Te ch
Deputy County Attorney
.gi
C40
i6K8
M
1Ti
1~H 5 L
g 9
P. C
h
pam E
a
Z g ha
O y V
N •. I` %W VYG.-
X c S E F' W
w WI I A
W
A 2 Vf N N
n
F.
p
8 `
o a d
Z Is u
1
v• c• W
n
c °J n
▪ w
3 a O
o io
Z m m E c
O .m, o A, ,
E « ,•.-+ c 01 i
K g- c J N
W O
W m 3
2 v a a m a
a c
yCW• c c N a s ai
0 3 - v E S L .a
f 4 o c a a c
C .N r. w O0 c f c r y
Y_ $ Ncy� E S a $
W W C y y .N. E OC W
�F�}i .E rya g •
ffi E E u
,NI D to � V N I,
CG
IIIO
4—, 2 ,*`$ p ap c m to go 21 m
N F _ c c C c c
_, m N •W W W W W
171 in O C 0 S in 0
U
C it ., N en v In is N CO
7
d
CA