Agenda 05/27/2008 Item #16C 2
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Agenda Item No, 16C2
May 27, 2008
Page 1 of 6
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EXECUTIVE SUMMARY
Recommendation to amend Contract # 07.4138 "Reclamation of Collier County
Landfill Cells 1 & 2 by (a) Deleting Section 5.4 "Limits on County Payments" and
(b) amending Section 8, "Terms" to facilitate payments for earlier completion and
to shorten project term from 24 months to 16 months.
Obiective: To obtain the Board of County Comrnissioner's approval to amend Contract
# 07-4138 "Reclamation of Collier County Landfill Cells 1 & 2" to expedite the
completion of the Cells 1 & 2 Reclamation Project by modifying the contract to allow the
County to pay for services rendered and approve a shortened project schedule,
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Considerations: On October 23, 2007 the Board of approved Agenda item No. 10H;
07-4138 Reclamation of Collier County Land fill Cells 1 & 2 to Waste Management of
Florida. The County's Solid Waste Management Departrnent is responsible for ensuring
that the Collier County Landfill ("Landfill") has sufficient capacity available for the
disposal of the County's solid waste. Accordingly, the Department prepared an
Integrated Solid Waste Management Strategy ("Strategy"), which has been reviewed
and approved by the Board. The Strategy requires the Department to maximize and
optimize its use of the County's existing assets, including the Landfill. As part of the
Strategy, the County has begun reclarnation of two old, unlined disposal areas (i.e.,
Cells 1 and 2), at the Collier County Landfill and will build new, lined disposal areas
where Cells 1 and 2 had been located. In this rnanner, the County will provide
additional disposal capacity at the Landfill, with better environmental safeguards.
The Cells 1 & 2 reclamation project is progressing ahead of schedule. The contractor
on site, Waste Management Inc. of Florida, has excavated over 180,000 cubic yards of
material more quickly than expected. Under the current agreement, Waste
Management Inc. of Florida is paid by the cubic yard reclaimed. They have exceeded
staff's estimates due to better than expected environmental conditions, and more
advanced decomposition of the materials. County staff is recommending that payments
continue based on production by the contractor to meet this new updated completion
schedule
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This contract modification represents a "best value" solution by aggressively altering the
project schedule and allowing payments for services rendered sooner than originally
planned. This shortened project schedule will save time and money by reducing the
County's potential risk and liability associated with the reclamation of Cells 1 & 2.
Section 5A of the "Reclamation of Collier County Landfill Cells 1 and 2" contract states
that "the County shall not under any circumstances be obligated to pay the Contractor
more than Four Million Dollars ($4,000,000.00) before October 1, 2008". However, the
project is significantly ahead of schedule and is expected to be completed by December
2008 (Initial project completion estimate was November 2009). Approval of this
request, to delete section 5A of the contract, will allow the Contractor to continue
working rather than demobilize, Section 8 "Terms" of the current contract reflects a
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Agenda Item No, 16C2
May 27, 2008
Page 2 of 6
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twenty four month (24) project schedule. This section of the contract will be amended to
sixteen (16) months to reflect the new progressive schedule. By deleting section 5.4 and
amending section 8, the project will be completed ahead of schedule,
Fiscal Impact: The funds for this project (59006) are allocated in full in the Solid
Waste Management Fund (474 Capital Improvements) in the amount of $7,761,946.87.
No additional funding will be required as part of this contract modification. Staff believes
that there may be recognized savings as part of this contract modification due to less
liabilities and the diminished needs for contingencies on a shortened project schedule,
Those savings will be recognized at the end of this project.
Growth Manaaement Plan: The reclamation of Cells 1 and 2 is in compliance with the
County's Growth Management Plan, The Solid Waste sub-elements of the Plan
promote measures that will maximize the airspace (capacity) available at the Landfill.
The reclamation project also implements the Integrated Solid Waste Management
Strategy that was approved by the Board on December 5, 2006. The reclamation
project is essential to the County's goal of developing new disposal areas at the Landfill
to meet the County's long term Solid Waste disposal needs, This project also provides
concurrency with the Solid Waste Management Department's AUIR Level of Service
Standard
Leaal Considerations: Contract Amendment 07-4138 has been reviewed and
approved by the County Attorney's Office - JAB
Recommendation: to amend Contract # 07-4138 "Reclamation of Collier County
Landfill Cells 1 & 2 by (a) Deleting Section 5.4 "Lirnits on County Payments" and (b)
amending Section 8. "Terms" to facilitate payrnents for earlier completion and to shorten
project term from 24 months to 16 months
PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering
Department.
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Item Number:
Item Summary:
Meeting Date:
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Agenda Item No, 16C2
May 27, 2008
Page 3 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendation to amend Contract # 07-4138 Reclamation of Collier County Landfill Cells
1 & 2 by (a) Deleting Section 5.4 Limits on County Payments and (b) amending Section 8.
Terms to facilitate payments for earlier completion and to shorten project term from 24
months to 16 months.
5/27/2008900:00 AM
Prepared By
Dayne Atkinson
Public Utilities
Project Manager
Date
Public Utilities Engineering
5/2/2008 11 :21 :05 AM
Approved By
William O. Mullin, PE
Public Utilities
Principal Project Manager
Date
Public Utilities Engineering
5/6/20082:50 PM
Approved By
Phil E. Gramatges, P .E.
Public Utilities
Sr. Project Manager
Date
Public Utilities Engineering
5/8/20084:43 PM
(' Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
5/9/200810:16 AM
Approved By
Daniel R. Rodriguez, M.B.A. Solid Waste Director
5/9/2008 11 :15 AM
Date
Approved By
Public Utilities Solid Waste
Dianna Perryman
Administrative Services
Contract Specialist
Date
Purchasing
5/9/2008 11 :57 AM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
5/12/200811:08 AM
Approved By
James W. DeLany
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
5/13/2008 9:45 AM
Approved By
f' Jennifer A. Belpedio
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County Attorney
Assistant County Attorney
Date
County Attorney Office
5/15/20085:04 PM
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Agenda Item No, 16C2
May 27, 2008
Page 4 of 6
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/16/20083:17 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
5/19/20089:39 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/19/200810:01 AM
file://C:\AgendaTest\Export\l 08-May%2027,%202008\ 1 6,%20CONSENT%20AGENDA \ 1", 5/21/2008
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EXHIBIT A -I Contract Amendment 07-4138
Agenda Item No, 16C2
,May 27, 2008
Page 5 of 6
"Reclamation of Collier County umdfiIl Cells 1 and 2"
This amendment, dated ,2008_ to the referenced agreement shall be by and ,
between the parties to the original agreement, Waste Management Ine. of Florida, (to b~
referred to as "Contractor") and Collier County, Florida, (to be referred to as "County'~.
Statement of Understanding
The following change to the above referenced Agreement has been mutually ",greed to by:the
Contractor and the County:
A. The deletion to the existing language in 5 A of the Agreement IS shown herein' by
slri1<ctbrollghs. '
Section 5 A Limits on County Payments
The C."tFaetor undorstands that fundiFlg liH1i\alloBS elllst Iilld tRe CalH>!y's 1'a)....~nts
liRa... tR. ;\greemeRt must 'ae 81',eed a. er time. 'f.eea,di"gly, the ea..ln.ter agrees t~'" it
sh"n Rot '''''1",,"t l'a'YmeTlt fOO', aRe the COHTlty shail Bet ae. oaligated te, )lay, mere !hEm
Thf'ce Million Two Hlffidreel Thou"sr.d Den.... ($3,Z90,99{H)0) limier. this AgreOFll6flt
aefe,e aetaaer 1, Z008, \II1leGs: (al the Callflty re""est the Call1raetar t. rental! ml>fe than
ane leachate "(ar-age tank at the Sile; (8) the CeBlraeter is r0'lui,ee ""der this ;\grecfi1en!
ta "aal Le.ahate OJ' !ruek 10 an olf Site wastewater !fe.anoRt I'I""t fer !lisflasal; (6) :the
CounlY""'1Hests the CaRlI'lleter l<Hiandle and "sflase of hallardaw; '.'",.ite di6ea"ere. in
the V!orlc .\r6a; (d) the C81mlJ' is wqHired lIfld"f thiG Agreement la Pi!?' tI1te aanll'lle-terifor
HnfareseOll eaHaitians a, a C'flange Ord..; (e) $! CaURIy mll"t reifttBCIf'Je the CaRll'llater
fer Hsmg aaditiaRal e"ail''''''''! and )lerSflHael at the LaHdfill, pHrsuant Ie -See!iaB 3, I , ef
the LlHldfilJ Of>erating f.greemeat; af (f) the COllflty eORseats ta the payment af
additianal IlfllOHfltS. Netwitlwta"diag the pra....sions in the preeadm! s"".eaee, the
Cm",l)' sha11 Bat unaer ""y aircum,tEm.es Be ""ligatea ta pay the .anlmator mare tit""
FOllr MilliaR Dellaro ($1,90Q,990.QG) aefore aata!>.". I, 299g fer th6 aet,htio. ielentiliea
ill j;"hillit 'T', If tho Contraetar ~'Bllld ae entitleel to 1'a)'ffieat of aeelitiooal ame1mts ~llt
fer the I'Ta'.1sians of this flaf.agFQ]lh, the CElRlI'lleter _y re~st 1'aymeat of s.6h
adaltioBal_aUft!6-Ba er after a6laber I, 2008 ...d Ibe CBURIy "'all !'f""",t1y flay leBe
r6'1Ue,teel _elmt Nalhing in this )laffi6'l'lll'lR shall ae ee,,,!rued Ie '.Vai';e ar negate the
Calmly'S oaligation ta flay the Coatraeler far liIe warl, is eeHlj3letes m aeHlj3lianee 'lAth
the: requiremeat afthis :\g;r:eelmeftt. ~
B. Amending to Section 8 of the Agreement is shown herein by deletions as StFilC..thrOllgflS
and changes as underlines;
SectionS: Terms
The term of this Agreement shall" be for tW(l (Z) yeam 16 months, The term maybe
extended for eae (1) year silt (6) months "ojth the mutual consent of the County and ihe
Contractor.
All other terms and conditions of the Agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the COU!lty have each, respectively, by an ,
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authorized person or agent, hereunder set their hands and seals on the date(s) indiaated below. :
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CONTRACTOR:
Waste Management Inc. of Florida
By:
Authorized Signatory
Print Name and Title
ATIEST:
Dwight E, Brock. Clerk
Approved as to form and
Legal SUffiCi? ~ ~
~o ty Attorney
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Accepted:
Agenda Item No. 16C2
May 27,2008
Page 6 of 6
,2008
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OWNER:
BOARD OF COUNTY.
COMMISSIONERS
. COLLIER COUNTY, fLORIDA
By
By:
Tom Henning, Chairman
DEPARTMENT DIRECTOR
By:
Dan Rodriguez
DIVISION ADMINISTRATOR
,
By:
Jim Delany
CONTRACT SPECIALIST
Dianna Perryman
j