12/09/1998 Agreement SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
THIS AGREEMENT is made by and between Monroe County, 5100 College
Road, Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner ") and
Pavex Corporation (hereinafter referred to as "vendor ") for PURCHASE OF ASPHALT
AT A FIXED PRICE, MONROE COUNTY, the owner and the vendor hereby agreeing as
follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The contract between the owner and the vendor, of which this agreement is
a part, consists of the contract documents. It shall be effective on the date this
agreement is executed by the last party to execute it, and is effective for 1 (one)
year.
1.2 The Contract Documents
1.2.1 The contract documents consist of this agreement, the Request for Bid, and
any other amendments hereto executed by the parties after the execution of this
Agreement. Documents not enumerated in this paragraph 1.2.1 are not contract
documents and do not form part of this contract.
1.3 Entire Agreement
1.3.1 This contract constitutes the entire and exclusive agreement between the
owner and the vendor with reference to the Project. Specifically, but without
limitation, this contract supersedes any bid documents and all prior written or oral
communications, representations and negotiations, if any, between the owner and
the vendor.
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1.4 No Privity with Others
1.4.1 Nothing contained in this contract shall create, or be interp &toXre,
privity or any other contractual agreement between the owner anEMR,' IV-so/3
entity other than the vendor. "c
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1.5 Intent and Interpretation r, M w o
1.5.1 This contract is intended to be an integral whole and shall be Interpre#ed as
internally consistent. What is required by any one contract document shall be
considered as required by the contract.
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1.5.2 The words "include," "includes," or "including," as used in this contract, shall
be deemed to be followed by the phrase, "without limitation."
1.5.3 The specification herein of any act, failure, refusal, omission, event,
occurrence or condition as constituting a material breach of this contract shall not
imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material breach of this contract.
1.5.4 Words or terms used as nouns in this contract shall be inclusive of their singular
and plural forms, unless the context of their usage clearly requires a contrary
meaning.
ARTICLE II
CONTRACT TIME
2.1 Time
2.1.1 The contract time is effective for one (1) year as stated in Article 1, 1.1.1. An
option to extend the contract for two (2) years is included. This option may be
exercised annually upon approval of the BOCC.
ARTICLE III
CONTRACT PRICE
3.1 The Contract Price
3.1.1 The owner shall pay, and the vendor shall accept, as full and complete
payment for all asphalt required by the County not to exceed $1 11,500.00, the fixed
price of $ 44.60 per ton at the Rockland Key plant. The sum set forth in this
paragraph 3.1 shall constitute the contract price, effective for one (1) year, which
shall not be modified except by an option to extend this contract by BOCC
approval.
ARTICLE IV
PAYMENT OF THE CONTRACT PRICE
4.1 Payment Procedure
4.1.1 The owner shall pay the fixed contract price to the vendor within 20 days
following receipt of invoice. Invoice shall reference Purchase Order numbers and
ticket numbers. Invoice shall be submitted to Monroe County at the end of the
month and /or at the end of the contract.
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ARTICLE V
MISCELLANEOUS
5.1 Governing Law
5.1.1 This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County, Florida.
5.2 Successors and Assigns
5.2.1 The owner and vendor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal
representatives of such other party in respect to covenants, agreement and
obligations contained in this contract. The vendor shall not assign this contract
without written consent of the owner.
5.3 Public Entity Crime Statement
5.3.1 A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a vendor, supplier, subvendor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
5.4 Trench Safety
5.4.1 If applicable to the project, the vendor shall comply with all relevant
provisions of the Trench Safety Act (Secs. 553.60- 553.64, Fla. Stat.).
5.5 Contingency
5.5.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
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IN WITNESS WHEREOF, each party has cased this Agre ment to be executed
by its duly authorized reyresentative this day of Pe/14Q__-/Q., ,
1998.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DARNY 1 : E Clerk OF MONROE COUNTY, FLORIDA
By: By ..
Deputy C rk Mayor /Chairman
Date
(SEAL) PAVEX CORPORATION
Attest:
/ / e, 4P„4
/ E A. CODY
Title: RS.s. Sec Aty Title: VICE PRESIDENT
END OF SECTION 00500
46 4 APPROVED TO FORM
'OBERT AS
A a �—. •
DATE . L
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