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HomeMy WebLinkAbout08-122 RESOLUTION NO. 08-122 COff i-o ~ tiYffG '+(11 Pwd A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY AMENDING SECTION 9 OF THE PURCHASING MANUAL TO AUTHORIZE THE COUNTY ADMINiStRAtOR TO APPROVE CHANGE ORDERS FOR TIME; ESTABLISHING REVISED SECTIONS 9.5bCONTRACT CHANGE ORDER, SECTION 9.7 WORK AUTHORIZATIONS, ADDING SECTION 9.8 AMENDMENTS TO WORK AUTHORIZATIONS, AND MOVING BONDING AND INSURANCE REQUIREMENTS FROM THE ORIGINAL SECTION 9.7 TO THE NEW SECTION 9.9; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, On October 7, 1985, the Board of County Col11illissioners 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 time, it is necessary to amend the procedure for approval. 1. Establishing revised sections 9.5b, Contract Change Order, 2, Establishing revised section 9,7 Work Authorizations, 3, Adding section 9.8 Amendments to Work Authorizations, 4, Moving Bonding and Insurance Requirements from the original section 9,7 to the new section 9.9. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibits "An. 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 Cornmissioner 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 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 COU11ty Cortnnissioners in excess ôf $25,000.00. a. The Depa.rtment must prepare and submit a Contract Change Order to the COUlity Administrator for referral to the Board of County Cortnnissioners. 1. The Department must prepare and submit a PURCHASE ORDER CHANGE FORM in conjunction with the contract change, as provided in Section 12.3 ofthis 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. Should the Contract Chanl!e Order address a reauest for additional time onlv, with no additional costs associated, the County Administrator shall then have the authority to aoorove. After aODfoval bv the County Administrator, the orocedure outlined in Section 8.4 of this manual will be followed. c. After approval by the Board of County Commissioners, the procedure outlined in Section 8.4 of this 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 change· order shall exceed the original budget as agreed to by the Board, a. The COU11ty Attorney must prepare and submit a contract amendment 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. Work Authorizations shall be reQuired for all continuing services contracts as determined bv the snecific contract lall!!Uage. a. AllWork authorizations for an amount less than $25,000.00 will be nrenared or annroved bv the County Attornev and executed as follows: 1. All work authorizations for an amount less than $25.000.00 shall be returned to the Reauesting or Purchasing Denartment for silmature bv the vendor. then returned to the County Attorrtev for annroval as to legal form and correctness. then to the County Admin.istrator. or his desilmee, for signature. and then distribution as described below. The County Administrator shall not sign any contract which has been modified bv the vendor unless written annroval of the modification has been obtained from the County Attornev. 2. Provide there a.re four (4) fullv executed originals, The County Attornev will keen one original of the fully executed contract for the County Attornev files, and will nrovide three (3) originals to the Contracts Coordinator or the Purchasing Director. who will in turn nrovide one (1) original to the Finance Denartment. and two originals to the ReQuesting Denartment who will nrovide an orilÚnal to the vendor. b. All work authorizations for an amount of $25,000.00 or greater will be nrenared or annroved bv the County Attornev and executed as follows: 1. The ReQuesting Denartment must agenda it for nresentation to the Board for their consideration. (a) Originals of the work authorizations shall be forwarded to the vendor with instructions as to how the contract shall be executed. (b) The vendor must return all conies of the work authorizations to the Purchasing Denartment or the ReQuesting Denartment. 2. The siwed originals from the vendor will be returned to the County Attornev to obtain the signature of the Chair11lan of the Board. or the Vice-Chairman in his absence. All work authorization.s executed bv the Board must be attested to bv the Clerk of the Board or a Denutv Clerk as determined bv the Clerk. 3. Provide there are four (4) fullv executed originals, The County Attornev will keen one original of the fully executed contract for the County Attornev files, and will nrovide three (3) originals to the Contracts Coordinator or the Purchasing Director, who will in turn nrovide one (1) original to the Finance Denartment. and two originals to the Reauesting Denartment who will nrovide an original to the vendor. 9.8 AMENDMENTS TO WORK AUTHORIZATION , . After a work authorization has been awarded. and if it becomes necessarY to amend the terms of the work authorization. the work authorization amendment must be aODroved bv the Board of County Commissioners if the orÙÚnal work authorization was aODroved bv the Board of County Commissioners. If the orilzinal work authorization was not silrtled bv the Board. the work authorization amendment may be silffied bv the oerSon who silffied the orilÚnal unless the new total amOunt of the work authorization reauires a higher level of authorization, In that case. the work authorization amendment shall reauire aODroval bv that level of authorization, Should the work authorization amendment address a reduest for additional time only. with are no additional costs associated. the County Administrator shall then have the· authority to aODrove. After aODroval bv the County Administrator. the Drocedure outlined in Section 9.7 (a) of this manual will be followed. 9.9 BONDING AND INSURANCE REQUIREMENTS a. Public Construction Bond ChaPter 255.05, Florida Statutes, provides that any person entering into a formal contract with the Board of County Commissioners fot 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 Workmen'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; damage arising out of the ownership, maintenance or use of any motor vehicle. c. The insurance required by Section í).;¡. li(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 í).;¡. (L9 (b) shall include contractual liability insurance applicable to the cöntractör'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 cöntractor, subcontractors and sub-subcontractors in the wörk 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, a.nd malicious mischief. If the County is damaged by failure of the contractor to purchase ör maintain such insurance and to so notify the Cöunty, then the contractor shall bear all reasonable costs properly attributable thereto. If not covered under the all risk insurance or ötherwise provided in the contract documents, the contractor shall effect and maintain similar property insurance on portions of the work stored off the site or in transit when such portions of the work are to be included in an application for payment. e. The cöntractor 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.