Backup Documents 09/13-14/2011 Item #16A2916 A29
MEMORANDUM
Date: September 21, 2011
To: Brenda Reaves, Contract Technician
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #11 -5679 Amendment: Intersection Improvements
Lake Trafford Road and SR29 to fulfill grant requirements
Contractor: Gulf Paving Company, Inc.
Attached is an original copy of the document referenced above, (Item #16A29)
approved by the Board of County Commissioners September 13, 2011.
The second original contract will be held in the Minutes and Records Department
for the Board's official record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
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ITEM NO.:
FILE NO.:
ROUTED TO:
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: 239 - 252 -8941
FAX: 239 - 252 -6700
Email: rhondacummings@
www.colliergov.net
C �f
DATE RECEIVED: / �1
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date: August 9, 2011
To: Scott Teach
Deputy County Attorney
From: Brenda Reaves for Brenda Brilhart
Re: Exhibit A -1 Contract Amendment 11 -5679
Trafford Road and SR 29
BACKGROUND OF REQUEST:
This contract was Reviewed em No: 11- PRC -01
This item was approved by the Boar o
# 16.A.12
ACTION REQUESTED:
For approval and signature
OTHER COMMENTS:
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If there are any questions concerning the document, please contact me at x 6020.
Thank you,
G/ Acquisitionsl rechFormsandLetters /RLS_MemotoRequestLegalServices
Revised: 3/11/09
16A29
EXECUTIVE SUMMARY
Recommendation to approve modifications to two Local Agency Program (LAP) funded
contracts: 1) 11 -5679 Intersection Improvements Lake Trafford Road and SR 29 and 2) 11-
5674 Boston Avenue Sidewalk Improvements in order to fulfill the requirements of the
granting agency.
OBJECTIVE: To remove language regarding workmanship warranty from the County's
construction contracts (Sections 21.1 and 21.2) to meet the granting agency's requirements
(Federal Highway Administration (FHWA) passed through the Florida Department of
Transportation's (FDOT) Local Agency Program (LAP)).
CONSIDERATIONS:
The Board approved the following items on May 24, 2011: 11 -5679 Intersection Improvements
Lake Trafford Road Item #16.A.12 to Gulf Paving Company, Inc, in the amount of $982,923.32
(Project #33124); and,11 -5674 Boston Avenue Sidewalk Improvements, Item # 16.A.11, to
Stevens & Layton, Inc. in the amount of $152,353.55 (Project #33122). After contracts were
approved by the Board, the granting agency requested that the Warranty clauses be modified
because the FHWA prohibits general workmanship warranties. The FHWA believes and the
FDOT /LAP staffs supports the belief that once a qualified inspection team has been hired or
assigned to the project, that team will suffice in preventing any workmanship issues. The
requested changes are as follows:
2-4-4 Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents. Contractor further warrants to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents. If. %A40thin Q _ �� +;,.., -i- :_ Z_. —
law-.
16A2
FISCAL IMPACT: This contract amendment does not impact the contracted price. Sufficient
funds are available in Transportation Grant Funds 711 and 712, Projects 33124 and 33122 for
11 -5679 Intersection Improvements Lake Trafford Road and SR 29 and 11 -5674 Boston
Avenue Sidewalk Improvements respectively.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from
this action.
LEGAL CONSIDERATIONS: The Federal Highway Administration ( "FHWA ") has taken a
position opposing warranties that cover post construction maintenance on the rationale that
such warranties could indirectly contribute to the use of federal funds to pay for routine
maintenance costs; which is prohibited by law. See 45 C.F.R. § 635.413. FDOT has taken the
position that the project will not commence unless the language is removed from the county's
contract. In my view the identified language in the county's contract is an example of a short-
term performance warranty— something acceptable under the FHWA's own guidelines. Even
with competent project managers and construction engineering inspectors, it's possible an
entire project cannot be so closely scrutinized to detect defective work. The exclusion of this
language means that the products used in construction must strictly comport with the
specifications and installation requirements mandated by the contract. This project must be
managed to insure that installation is conducted strictly in accordance with the design
requirements and any issues that may arise must be raised and addressed contemporaneous
with the construction of this project. The recommendation to remove this language is limited to
this specific contract, which involves the use of federal funds and based upon the objection
raised by FDOT. This item has been reviewed and approved by the County Attorney's Office, is
legally sufficient for Board action and only requires a majority vote for approval —SRT
RECOMMENDATION: That the Board of County Commissioners approves modifications to
Contracts #11 -5679 Intersection Improvements Lake Trafford Road and SR 29 and 2) 11 -5674
Boston Avenue Sidewalk Improvements as per attached Contract Amendments and that the
Chairman is authorized to execute the Contract Amendment following final review by the County
Attorney.
Prepared by: Julio Ordonez, Project Manager, Growth Management Division, Transportation
Engineering
Attachments: Amendments
16 A29
EXHIBIT A -1 Contract Amendment # 11 -5679
Intersection Improvements Lake Trafford Road and SR 29
This amendment, dated 01 � , 2011 to the referenced agreement shall be by and
between the parties to the original agreement, Gulf Paving Company, Inc., to be
referred to as "Contractor" and Collier County, Florida, (to be referred to as "County ".
Statement of Understanding
RE: # 11 -5679 Intersection Improvements Lake Trafford Road and SR 29
The following change to the above referenced agreement has been mutually agreed to
by the Contractor and the County: The additions to the existing language in the
Agreement are shown herein by underlining; deletions from the Agreement are shown
by ctrikethrew 94;-s
DELETE THE FOLLOWING LANGUAGE (Per Granting Agency Request — Local
Agency Program (LAP /FDOT)
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If,
te GoRtFaGtOF, at GGRtFaGterls expense. These warranties aFe in additien te these
mplied a tie6 to whiGh QWRer is eRtitled as - tt I of
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The Contractor agrees that this amends the original Agreement. All other terms and
conditions of the agreement shall remain in force.
16A?94
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date(s)
indicated below. . !
ATTES CONTRACTOR `
Co porate etary/Witness Guff P ving Company, Inc.
By: m .ch,,�\ ,
Dated:
x'11' INT
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ky
Atfiity
Approved as to form and
Le Lfficienc
Deputy County Attorney
By: Tim Lause
Title: President
Dated: 3 August, 2011
OWNER-
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FLORIDA
By. ("J.
Fred W. Coyle
Chairman
2