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Agenda 09/23/2008 Item #16E13EXECUTIVE SUMMARY Item # 16E13 September 23, 2008 Page 1 of 6 Recommendation that the Board of County Commissioners approves amendment A -1 to Contract # 08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to Chaz Equipment Company, Inc., to add additional clauses to the contract for clarification of vendors' responsibilities and authorize the Chairman to sign said amendment. OBJECTIVE: To amend Contract # 08 -5064 by adding additional clauses to the contract that will better define the vendor's statement of work and their responsibilities to the County. CONSIDERATIONS: The Wastewater Department has a continuing need for rehabilitation contracting services for repairing faulty sewer manholes and lift stations. Staff will identify rehabilitation projects and issue purchase orders to authorize the work. On June 10, 2006, the Board of County Commissioners approved agenda item 16.C.3, approving a contract with Chaz Equipment Company, Inc., for manhole and lift station rehabilitation services. Due to the nature of work being performed, it was determined by the Purchasing Department to be in the best interest of the County to modify the original contract by adding additional clauses that provide stronger and more clearly defined language that protects the County's interests. The attached amendment reflects the revised wording. FISCAL IMPACT: There is no fiscal impact in connection with this Executive Summary. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's office and is legally sufficient for Board action. —CMG GROWTH MANAGEMENT IMPACT: Management Plan standards to ensure public sanitary sewers and manholes. This project meets current Growth the adequacy and availability of viable RECOMMENDATIONS: That the Board of County Commissioners approves contract amendment #A -1 to Contract 08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to add additional clauses and authorizes the Chairman to sign the amendment. PREPARED BY: Dianna Perryman, Contract Specialist, Purchasing Department Item # 16E13 September 23, 2008 Page 2 of 6 Recommendation that the Board of County Commissioners approves amendment A -1 to Contract # 08 -5064 “Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services& #8221; to Chaz Equipment Company, Inc., to add additional clauses to the contract for clarification of vendors& #8217; responsibilities and authorize the Chairman to sign said amendment. Prepared By: Department Date Adminstrative Services 9/9/2008 5:03:09 PM Approved By: Department Approval Date Adminstrative Disapproved 9/11/2008 11:05 AM Services Approved By: Department Approval Date Purchasing Approved 9/11/2008 5:24 PM Approved By: Department Approval Date Adminstrative Approved 9/12/2008 7:43 AM Services Approved By: Department Approval Date Adminstrative Approved 9/12/2008 7:43 AM Services Approved By: Department Approval Date County Attorney Approved 9/12/2008 3:04 PM Approved By: Department Approval Date Office of Management Approved 9/12/2008 4:34 PM and Budget Approved By: Department Approval Date County Approved 9/13/2008 10:42 AM Manager's Office ATTACHMENTS: Name: Description: 0 08 -5064 Manhole and Lift Executive Summary to Amend Contract 08 -5064 with Chaz Station Rehab - Chaz kw.doc 0 Qa -5064 Chaz -Amend 1 odt Amendment Item # 16E13 September 23, 2008 Page 3 of 6 Type: Executive Summary Backup Material r- r Item # 16E13 September 23, Page 4 of 6 EXHIBIT A -1 Contract Amendment #08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" This amendment, dated - -1 2008 to the referenced agreement shall be by and between the parties to the original Agreement, Chaz Equipment Company, Inc., (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner" or "County"). Statement of Understanding RE: Contract # 08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per Exhibit "AI -A" "Contract Clauses" attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHER��F, the Contractor and the County have person or agent, hereyyf er set their hands and seals on the date(s) ATTEST: Corporate Secretary/Witness By: RD W16N'r Dated: &7LRt 1 ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: Assistant County Attorney by an authorized below. Cfaz Equipment Company, Inc: By: Gk &A-064 Title: I Df/V r Dated: AuRox IS: Ta4'� CORPORATESEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Page 1 of 16 Chairman Item # 16E13 September 23, Page 5 of 6 Exhibit "Al -A" Contract Clauses The replacements /additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by ,»_u".S. Deleted Clause: Replacement 2 STATEMENT OF WORK: The Contractor shall furnish and deliver Manhole and Lift Station Rehabilitation Contracting Services for Category C and D, in accordance with the terms and conditions of the Agreement and the Contractor's proposal referred to herein and made an integral part of this Agreement The execution of the Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather this Agreement governs the rights and obligation of the procedures outlined in the next paragraph. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a proposal for the work; the Contractor shall respond with the information sought within seven (7) working days. The Owner shall review the proposal and goon acceptance authorize the work via purchase order. Additional Clauses 35. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The CONTRACTOR shall emPlo,VPeople to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an empoovee it deems careless, incompetent, insubordinate or otherwise obiectionable and whose continued emplovment on Collier Countv roiects is not in the best interest of the Count 36. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Item # 16E13 September 23, Page 6 of 6 37. MAINTENANCE OF TRAFFIC: For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments and available on -line at colliergov.net /purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.