Agenda 09/24/2019 Item #16D 3 (Settlement Agreement w/Atkins North America, Inc., and Quality Enterprises USA, Inc., for work at Bus Stop Site #137)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement with Atkins North America, Inc. and Quality
Enterprises USA, Inc., to cure a work defect performed at Bus Stop Site #137.
OBJECTIVE: To resolve an outstanding dispute for the cost to repair the foundation slope for Bus Stop
#137 on the Collier Area Transit (“CAT”) System.
CONSIDERATIONS: The County entered into Agreement No. 17-7225 with Quality Enterprises USA,
Inc. (“Quality”) to complete improvements to several bus stops along the transit system (“Project”).
Atkins North America, Inc. (“Atkins”) acted as the County’s engineer of record for each bus stop location
under a separate contract known as Agreement No. 14-6322.
Bus Stop Site #137, located on US 41 at Lakewood Boulevard, is one of the stops being improved on the
Project. Upon inspection of the work performed staff discovered that the foundation did not meet the
required slope and needed correction. Initially, staff notified Quality and directed it to correct the slope.
After further evaluation, staff determined that both Quality and Atkins had a shared responsibility for the
flawed work. Ultimately Atkins prepared revised plans for the design of the repair, but Atkins and Quality
were unable to agree on the cost to perform the necessary repairs.
On July 15, 2019, the County issued a Notice to Cure to both parties as provided in Atkins and Quality’s
respective contracts with the County. The Notice requested corrective action by August 5, 2019. Quality
responded by completing the required repairs to correct the slope, but the parties still needed to resolve
the remaining issues regarding payment for the repairs. Ultimately, the parties agreed that the total cost to
resolve the dispute ($11,499.28) would be split between Quality and Atkins, at no expense to the County.
The final pay application from Quality (see attached) includes the negotiated amount including the
$5,749.64 to be recovered from Atkins (who will be reimbursing the County via check upon approval of
the Settlement Agreement) in settlement of the dispute.
The final invoice from Quality will reflect the settlement amount and the County will remit payment of
that negotiated amount along with the outstanding balance due to Quality for the completion of the
project. With the acceptance of the Settlement Agreement, Quality will bill the County $5,749.64 in
project overages and the County will recover that amount from Atkins as a full and final resolution of the
dispute.
FISCAL IMPACT: A Change Order will be processed to increase Purchase order #4500186256 by
$5,749.64 for the amount to be paid by Atkins to the County to cover its share of the cost to correct the
foundation slope.
GROWTH MANAGEMENT IMPACT: This Item has no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the Settlement Agreement with Atkins North America, Inc., and
Quality Enterprises USA, Inc., to cure a work defect performed at Bus Stop Site #137, authorize its
Chairman to execute the attached Settlement Agreement, and approve the attached Change Order for this
item.
Prepared By: Michelle Arnold, Division Director, Public Transit & Neighborhood Enhancement Division
16.D.3
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09/24/2019
ATTACHMENT(S)
1. Settlement Agreement and Release (PDF)
2. 4500186256_Quality Ent CO#2A (PDF)
3. Final QE Pay app (PDF)
16.D.3
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09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 9924
Item Summary: Recommendation to approve a Settlement Agreement with Atkins North
America, Inc. and Quality Enterprises USA, Inc., to cure a work defect performed at Bus Stop Site #137.
Meeting Date: 09/24/2019
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2019 2:16 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/28/2019 2:16 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Omar Deleon Additional Reviewer Completed 08/28/2019 5:43 PM
Public Transit & Neighborhood Enhancement Yousi Cardeso Additional Reviewer Completed 08/30/2019 1:30 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 09/10/2019 10:06 AM
Procurement Services Sara Schneeberger Additional Reviewer Completed 09/10/2019 10:30 AM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 09/10/2019 4:28 PM
Procurement Services Catherine Bigelow Additional Reviewer Completed 09/10/2019 4:50 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 09/11/2019 7:37 AM
County Attorney's Office Sandra Herrera Additional Reviewer Completed 09/11/2019 8:40 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/11/2019 10:33 AM
Grants Erica Robinson Level 2 Grants Review Completed 09/12/2019 11:48 AM
Procurement Services Ted Coyman Additional Reviewer Completed 09/13/2019 8:48 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/13/2019 1:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2019 1:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/13/2019 5:06 PM
Grants Therese Stanley Additional Reviewer Completed 09/16/2019 8:38 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/16/2019 2:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.D.3
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16.D.3.a
Packet Pg. 1532 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
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Packet Pg. 1533 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
16.D.3.a
Packet Pg. 1534 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
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Packet Pg. 1535 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
16.D.3.a
Packet Pg. 1536 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
16.D.3.a
Packet Pg. 1537 Attachment: Settlement Agreement and Release (9924 : Atkins/Quality Settlement Agreement)
16.D.3.b
Packet Pg. 1538 Attachment: 4500186256_Quality Ent CO#2A (9924 : Atkins/Quality Settlement Agreement)
SchneebergerSara Digitally signed by SchneebergerSara
Date: 2019.09.10 09:43:02 -04'00'
16.D.3.b
Packet Pg. 1539 Attachment: 4500186256_Quality Ent CO#2A (9924 : Atkins/Quality Settlement Agreement)
16.D.3.c
Packet Pg. 1540 Attachment: Final QE Pay app (9924 : Atkins/Quality Settlement Agreement)
16.D.3.c
Packet Pg. 1541 Attachment: Final QE Pay app (9924 : Atkins/Quality Settlement Agreement)
16.D.3.c
Packet Pg. 1542 Attachment: Final QE Pay app (9924 : Atkins/Quality Settlement Agreement)