Backup Documents 01/28/2025 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 routingzlines#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) A J!>:'
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners 1SC br / f' l(3r/Zs
5. Minutes and Records Clerk of Court's Office
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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 Phone Number
Contact/Department
Agenda Date Item was Agenda Item Number (� u
Approved by the BCC I ligIts 1
Type of Document(s) Number of Original
Attached ��E;� ( )eft-lc,'e. ' 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) /1//A-
2. Does the document need to be sent to another agency for additional signatures? If yes, ((
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
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.) i
4. All handwritten strike-through and revisions have been initialed by the County Attorney
Office and all other parties except the BCC Chairman and the Clerk to the Board. t1
5. 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. f1Y
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. /
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7. In most cases(some contracts are an exception),the original document and this routing slip
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 1/21 and all changes made during is
the meeting have been incorporated in the attached document. The County Attorney ,,,1 IAD' .:
Office has reviewed the changes, if applicable. 7t' irl�
9. Initials of attorney verifying that the attached document is the version approved by the < is'
BCC, all changes directed by the BCC have been made,and the document is ready for the 9C11/ I•t
Chairman's signature.
1: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
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AMENDMENT TO PARTIAL SETTLEMENT AGREEMENT
This AMENDMENT TO PARTIAL SETTLEMENT AGREEMENT (hereinafter referred to
as the "Amended PSA") is made and entered into by and between 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 partially resolved their differences and entered into a Partial
Settlement Agreement (the "PSA") signed by their respective party representatives on April 2,
2024, which was subsequently approved by the Collier County Board of County Commissioners
at its regular April 23, 2024 meeting (Agenda Item 16.K.8); and
WHEREAS, the Parties wish to amend the PSA to: (1) extend the date to complete the
Punch List attached as Exhibit"A,"which through no lack of due diligence could not be completed
by QE by the July 1, 2024, deadline, through December 27, 2024, and (2) include a requirement
that QE provide CC an extended ten-year warranty from the date of Final Completion on: (1)
Control Structure CS-1, (2) Pipe Runs 5139-S138, S133-S134, and Mitered End Sections (MES)
S135 and S126 (Pond 1) (collectively, the "Extended Warranty Items") because of QE's inability
to provide various segments of pipe inspection video because the video footage failed to record
clearly for review; and
WHEREAS, the Parties agree that all the remaining items identified on the Punch List
attached as Exhibit "A" to the PSA have been completed and inspected to the satisfaction of CC
prior to the extended December 27, 2024 deadline, such that payment of the retainage withheld
by CC in the amount of$130,000.00 can be released to QE within 20 days after QE delivers all
the Close-Out Documents (including the extended ten-year warranty for the Extended Warranty
Items) as required by numbered paragraphs 6.b and c of the PSA and as set forth herein.
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 Amended PSA is the date that it is
fully executed by both parties following approval by the Board of County Commissioners at a
regularly scheduled Board meeting.
3. Denial of Liability. No Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Amended PSA.
4. Enlargement of Completion of Punch List Deadline: The July 1, 2024 Punch
List Deadline stated in Numbered paragraph 6.a of the PSA is hereby extended through and
including December 27, 2024.
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5. Ten-Year Warranty: Numbered paragraph 8 of the PSA is hereby amended and
revised to require that QE shall provide CC a ten-year warranty on the drainage structures and
pipes constructed for the project, as follows:
8. Warranty. QE's one year warranty required under the Contract shall begin
from Final Completion of the Project. QE shall further provide CC a separate
ten-year warranty on the following Extended Warranty Items: Control Structure
CS-1, Pipe Runs S139-S138, S133-S134, and Mitered End Sections (MES)
S135 and S126 (Pond 1) constructed on the project, which warranty shall begin
from the Final Completion date of the Project.
6. Payment. Within 20 days after QE delivers all the Close-Out Documents
(including the above-referenced ten-year warranty covering the Extended Warranty Items), the
County shall release the$130,000 in withheld retainage as required by numbered paragraphs 6.b
and c of the PSA, and as set forth herein.
7. Enforcement of the Amended Partial Settlement Agreement. This Amended
PSA 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 Amended PSA
is the joint product of the Parties and shall not be construed against any Party as the drafter.
8. Governing Law and Venue. This Amended PSA 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 Amended PSA, or any documents executed in connection with this
agreement shall be a court of competent jurisdiction in and for Collier County, Florida.
9. Enforceability. In the event that any provision of this Amended PSA 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 Amended PSA.
10. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Amended PSA and to execute or prepare any other documentation
necessary to effectuate the terms of this Amended PSA.
11. Acknowledgement of Independent Counsel. 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 as to their respective rights and
responsibilities hereunder;
b. Have entered into this Amended PSA 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 Amended PSA.
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12. Entire Amended Partial Settlement Agreement. This Amended PSA contains
the entire agreement between the Parties, and all prior or contemporaneous negotiations or
representations are merged herein. All other terms and conditions of the PSA Agreement that
are not in conflict with the amendments to the PSA set forth herein, shall remain the same.
13. Attorney's Fees for Breach of Amended PSA. In the event any Party breaches
this Amended PSA, the party having to enforce this Amended PSA shall be entitled to recover its
attorney's fees and costs, through litigation and any and all appeals.
14. Counterparts and Facsimile Signatures. This Amended PSA may be executed
in counterparts with each copy being deemed an original. A facsimile signature on this Amended
PSA will be deemed to be equivalent to an original signature.
IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have
executed this Amended PSA effective as of this 2$t". day of -Scan wry , 2025.
ATTEST:a'^ i BOARD OF COUNTY COMMISSIONERS
Crystal.K `ICin 6L Clerk of Courts COLLIER COUNTY, FLORIDA
Comptrolter''•, ")
4,
By: By .
""'I-;,''Attest as to Chairman's urt L. aunders, Chairman
' signature only
Dated:„ f `4. fit)
Seal)
QUALITY ENTERPRISES USA, INC.
Print Name: Louis J Gaudio
Its: Vice President
Dated: 01/13/2025
ed as to d legality:
ott R. Teach
A
Deputy County Attorney
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