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HomeMy WebLinkAbout08-123 l() ~ fflft3 :¡:!n PUfd RESOLUTION NO. 08-123 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY AMENDING SECTION 9.5 CONTRACT CHANGE ORDER, AND SECTION 9.6; CONTRACT AMENDMENT, AUTHORIZING THE COUNTY ADMINISTRATOR TO APPROVE CONTRACT CHANGE ORDERS UP TO $25,000 OR 10% OF THE TOTAL CONTRACT PRICE NOT TO EXCEED $50,000 (CUMULATIVE). HOWEVER, NO CHANGE ORDER SHALL EXCEED THE ORIGINAL BUDGET AS AGREED TO BY THE BOARD WITHOUT ADDITIONAL BOARD APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: WHEREAS, On October 7, 1985, the Board of County Commissioners for 81. Lucie County, (the "Board") adopted Resolution No, 85..212 which established the purchasing regulations and procedures for 81. Lucie County, Florida, as set forth in the 81. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 08-118. WHEREAS, in order to allow for a more efficient method of approving change orders for money, it is necessary to amend the procedure for approval. 1. Revising the Purchasing Manual section 9.5 Contract Change Order, 2. Revising section 9.6, Contract Amer:ldment, 3. Authorizing the County Administrator to approve contract change orders up to $25,000 or 10% of the total contract price not to exceed $50,OÖO (cumulative). However, no change order shall exceed the original budget as agreed to by the Board without additional Board approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibits "A". 2. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Aye Commissioner Paula Lewis, Vice Chairperson Aye Commissioner Doug Coward Aye Commissioner Chris Craft Aye Commissioner Charles Grande Aye PASSED AND DULY ADOPTED this 13th day of May, 2008, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO LEGAL FORM AND CORRECTNESS: EXHIBIT "A" PURCHASING MANUAL EFFECTIVE DATE: Mav 13. 2008 SECTION 9 - CONSTRUCTION CONTRACTS 9,5 CONTRACT CHANGE ORDER After a contract has been awarded, and if the Requesting Department finds it necessary to initiate a change order, the change order must be approved by the Board of County Commissioners in excess of $25,000.00 with the excention that the County Administrator sha11anDtove contract chan2:e orders un to $25.000.00 or 10% of the total contract Dtice not to exceed $50,000.00 (cumulative). However. no chan2:e order shall exceed the ori2:ina1 bud2:et as a2:teed to bv the Board without additional Board anDtoval. a. The Department must prepare and submit a Contract Change Order to the County Administrator for referra.1 to the Board of County Commissioners, as necessary. 1, The Department must prepare and submit a PURCHASE ORDER CHANGE FORM in conjunction with the contract change, as provided in Section 12.3 of this manual. 2, The Department must reference the "contract number" on both the contract change order and the PURCHASE ORDER CHANGE FORM. b. After review, the County Administrator will submit the request to the Board of County Commissioners for their consideration if required, based on the dollar amount of the change. c. After approval by the Board of County Commissioners, the procedure outlined in Section 8.4 ofthis manual will be followed. 9.6 CONTRACT AMENDMENT After a contract has been awarded, and if it becomes necessary to amend the terms of the contract, the amendment must be approved by the Board of County Commissioners if the original contract was approved by the Board of County Commissioners. If the original contract was not signed by the Board, the contract amendment may be signed by the person who signed the original unless the new total amount of the contract requires a higher level of authorization. In that case, the amendment shall require approval by that level of authorization. The County Administrator shall approve contract change orders up to $25,000.00, however, no ohange order shall exoeed the original budget as agreed to by the Beaffi.: a, The County Attorney must prepare and submit a contract amendmen~ to the vendor for execution with instruction as to how to execute the amendment. b. After receipt of the executed contract from the contractor, the County Administrator will submit the amendment to the Board of County Commissioners for their consideration, if required according to the dollar amount of change. 9.7 BONDING AND INSURANCE REQUIREMENTS a, Public Construction Bond I . < I Chapter 255.05, Florida Statutes, provides that any person entering into a formal contract with the Board of County Commissioners for the construction or repair of any public building or public work shall be required to execute the usual Penal Bond with good and sufficient sureties. Chapter 255.05, Florida Statutes, further provides that the Board of County Commissioners, in its discretion, may exempt any person entering into a contract that is for $200,000.00 or less from executing the usual penal bonds for construction and repair on public buildings and public work. The Board has determined to not require a public construction bond for projects under $50,000.00 unless deemed necessary by the Requesting Department or Purchasing Department. Request for waiver of the bond requirements between $50,000.00 and $200,000.00 shall be reviewed and approved by the County Administrator on a case-by-case basis. b, Liability Insurance The contractor shall be required to purchase and maintain such insurance as will protect him or her from claims set forth below that may arise out of or resulting from the contractor's operations under the contract, whether such operations be by the contractor or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable for: 1, Claims under Workers' or· W orkI11en's Compensation, Disability Benefit, and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the contractor's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the contractor's employees; 4. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the contractor, or (2) by any other person; 5. Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and; 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. c. The insurance required by Section 9.7 (b) shall be written for not less than any limit of liability specified in the contract documents, or required by law, whichever is greater. The insurance required by Section 9.7 (b) shall include contractual liability insurance applicable.to the contractor's obligations. d, The contractor shall purchase and maintain property insurance upon the entire work at the site to the full insurable value (replacement cost) thereof. This insurance shall include the interest of the County, the contractor, subcontractors and sub-subcontractors in the work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including, without duplication of coverage, theft, vandalism, and malicious mischief. If the. County is damaged by failure of the contractor to purchase or maintain such insurance and to so notify the County, then the contractor shall bear all reasonable costs properly attributable thereto. If not covered under the all risk insurance or otherwise provided in the contract documents, the contractor shall effect and maintain similar property insurance on be included in an application for payment. e. The contractor shall file with the County certificates of insurance acceptable to the County prior to commencing the work. These certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given to the County, f. The policy forms must include: 1. Comprehensive General Liability (Broad Form) covering premises, operations, products and completed operations, independent contractors, personal injury, owners and contractors protective liability, broad form contractual liability (to include covering the indemnity section of this contract), and property damage resulting from explosion, collapse, or underground exposures. The insurance certificate shall name the County as an additional named insured. 2. Comprehensive Auto Liability covering all owned, hired, leased and on-owned vehicles. 3. Workers' Compensation covering the Florida exposures including voluntary compensation; and Federal and other State Benefits if any expOSure exists.