Agenda 03/22/2016 Item #16A 3 3/22/2016 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement and Release with Atkins North America, Inc. and to
award a contract to Southwest Utility Systems,Inc. to complete construction of Collier Boulevard
and Davis Boulevard Improvements(Projects#60073 and#60092).
OBJECTIVE: To obtain approval of an Agreement and Release (Agreement) with Atkins
North America, Inc. (Atkins) wherein, the County will receive $30,100.00 for the construction
cost of Collier Boulevard and Davis Boulevard Improvements (projects#60073 and#60092) and
to award a contract to Southwest Utility Systems, Inc., to complete the construction.
CONSIDERATIONS: One June 28, 2011 (Agenda Item #10B), the Board approved an
agreement with Atkins to provide Construction Engineering and Inspection Services on Collier
Boulevard and Davis Boulevard Improvements (projects #60073 and #60092), (Professional
Services Agreement Contract #11-5690) related to the construction of the projects (Construction
Contract#10-5342).
On March 25, 2014, Atkins declared the project was complete and the County issued the Final
Completion Certificate finalizing Contract #10-5342. In July 2014, Atkins became aware that
drainage structures S-305 and S-400a had not been built by the contractor. The County was
officially notified in a letter dated August 13, 2014, from South Florida Water Management
District (SFWMD) that there were deficiencies in the construction completion certification
further stating structures S-400a and S-305 had not been constructed. The drainage structures
are required to be built according to specifications in order to close the SFWMD permit. The
construction contractor (Contract#10-5342) was not paid for the drainage structures S-400a and
S-305, the costs for which totaled less than $5,000, and no liability is being asserted. Several
factors contributed to Atkins unique error. There was more than one project under construction
in the same area, including FDOT's ramp improvement project and the county's project on
Collier Boulevard. The projects had overlapping responsibilities from two agencies and two
contractors.
The County Attorney's Office, through Procurement Services and the Transportation
Engineering Division, held negotiations with Atkins to resolve this outstanding matter. On
December 9,2015,the Transportation Engineering Division obtained four(4) competitive quotes
and received costs ranging from $30,100.00 to $43,500.00 to build and complete the structures.
Staff recommends approval of an award to Southwest Utility Systems, Inc., the lowest qualified
and responsive quoter, in the amount of $30,100.00, to complete the outstanding work which
includes mobilization and maintenance of traffic. Atkins has agreed to pay the County
$30,100.00,the total amount to complete the construction.
It is the position of the County Attorney and the Transportation Engineering Division that this
settlement is reasonable, given the cost of completing the construction and closing out the
outstanding SFWMD permit. We have since updated our controls and put into place measures
that will prevent such errors in the future. Closeout checklists will include certification of any
project to the permitting agency prior to closing out the project. As-builts will be verified to
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3/22/2016 16.A.3.
ensure complete compliance with permitting requirements, plans and specifications. When
multiple contractors work in the same area,there will be strong emphasis on close coordination.
FISCAL IMPACT: A budget amendment in the amount of$30,100.00 is needed to recognize
the revenue from Atkins in the settlement agreement and to appropriate it into the project.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires majority support for approval. -KLN
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the Executive Summary.
RECOMMENDATION: To sign the Agreement and Release, to award Southwest Utility
Systems, Inc., $30,100.00 for completion of the outstanding construction work and to authorize
the necessary budget amendment.
Prepared by: Kevin Dugan, Project Manager, Transportation Engineering Division, Growth
Management Department
Attachments:
1. Agreement and Release
2. Southwest Utility Systems, Inc. —quote
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3/22/2016 16A3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve an Agreement and Release with Atkins
North America, Inc. and to award a contract to Southwest Utility Systems, Inc. to complete
construction of Collier Boulevard and Davis Boulevard Improvements (Projects#60073 and
#60092).
Meeting Date: 3/22/2016
Prepared By
Name: WilliamsDebbie
Title: Administrative Assistant
2/1/2016 3:03:51 PM
Approved By
Name: RitterSteve
Title: Manager-Road Construction, Transportation Engineering& Construction Management
Date: 2/2/2016 8:08:06 AM
Name: DuganKevin
Title: Project Manager,Transportation Engineering&Construction Management
Date: 2/2/2016 11:55:35 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 2/2/2016 3:37:26 PM
Name: EvelynColon
Title: Purchasing-Procurement Specialist
Date: 2/2/2016 4:23:42 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 2/4/2016 7:22:07 AM
•
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
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3/22/2016 16.A.3.
Date: 2/4/2016 8:48:46 AM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date:2/10/2016 11:23:36 AM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt;Capital Construction&Maintenance Budget/Fiscal
Date: 2/19/2016 12:37:13 PM
Name: ShueGene
Title:Division Director-Operations Support, Growth Management Department
Date: 2/22/2016 9:20:40 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/24/2016 7:42:23 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 2/24/2016 11:16:49 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 2:39:11 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 3/11/2016 5:36:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 3/13/2016 6:14:17 PM
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3/22/2016 16.A.3.
AGREEMENT AND RELEASE
THIS AGREEMENT AND RELEASE ("Agreement") is made and entered into on
this day of , 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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3/22/2016 16.A.3.
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:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
By:_ By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
/
By:
Kevin Noell
Assistant County Attorney
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3/22/2016 16.A.3.
ATKINS NORTH AMERICA, INC.
By:
Witness Signature
Deborah L. Shimel Rene de los Rios, Vice President
Associate General Counsel
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Southwest Utility Systems, Inc. 3/22/2016 16.A.3.
Job Name: 951 Headwalls
Date: 2/10/15, Revised 12/15/15
Item I Unit Total
Numb. Description Qnty Unit Bid Bid
Mobilization 2 EA $1 ,500.00 $3,000.00
Remove Existing MES 2 EA $500.00 $1 ,000.00
Concrete Collars 2 EA $250.00 $500.00
24" RCP 16 LF $300.00 $4,800.00
24" Headwall 2 EA $3,100.00 $6,200.00
Concrete Weir 2 EA $5,800.00 $11 ,600.00
Sod Restoration 1 LS $500.00 $500.00
Layout / Denisty Testing / MOT / As-builts 1 LS $2,500.00 $2,500.00
Stipulations: Grand Total $30,100.00
1 . All Permits by Others.
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