Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15.2007
Division: Public Works
Bulk item: Yes --.lL No
Department: Roads & Bridges
Staff Contact /Phone No.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of Correction of Scrivener's Error on Amendment to Contract
Renewal of May 16,2007, with General Asphalt Co., Inc.
ITEM BACKGROUND: The Amendment to Contract Renewal dated May 16, 2007, contained a
scrivener's error referencing the wrong year and needs to be corrected.
PREVIOUS RELEVANT BOCC ACflON: On May 16, 2006, the BOCC approved a one-year
agreement with General Asphalt Co., Inc. for purchase and delivery of asphalt at a fixed price. On April
18, 2007, the BOCC approved the second year contract renewal, and on May 16, 2007, the BOCC
approved an Amendment to Contract Renewal.
CONTRACT/AGREEMENT CHANGES: Correct the date referenced in Section 2 of the May 16111
Amendment to Contract Renewal from Apri118, 2008 to Apri118, 2001.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: ~
BUDGETED: Yes nla No
COST TO COUNTY: same
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No L AMOUNT PER MONTH Year
APPROVED BY: County Atty. ~C OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: General Asphalt Co., Inc. Contract #_
Effective Date: 04/18/2007
Expiration Date: 04/1712008
Contract Purpose/Description:
Correct scrivener's error on Amendment to Contract Renewal of May 16, 2007
Contract Manager: Beth Leto 4560 Public W orkslStop 1
(Name) (Ext.) (Department/Stop #)
For BOCC meetin2 on 08/15/07 Agenda DeMIine: 07/31/07
CONfRACT COSTS
Total Dollar VaIue of Contract: $0
Budgeted? Yes[] No 0
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: SO
Account Codes:
ADDffiONAL COSTS
Estim"ted Ongoing Costs: $ /yr For.
ot included in dollar value above e maintenance, utilities,. . . I, salaries etc.
CONfRACT REVIEW
Changes
~ Needed
Division Director ~1 YesD N6
Risk Managemept <ta{f1 YesONo&J
_ ~llV\
O.M.B.IPurclUIsing C6' -2. -()7 YesD Nq
County Attorney rrbJ> , Yes[] N
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
CORRECTION OF SCRIVENER'S ERROR
On AMENDMENT TO CONTRACT RENEWAL ofMav 16.2007
This CORRECTION OF SCRIVENER'S ERROR made and entered into the 15th day of
August 2007. to the AMENDMENT TO CONTRACT RENEWAL ("AMENDMENr) dated
May 16,2007, between MONROE COUNTY, a political subdivision of the State of Florida,
("COUNTY" or "OWNER"), and GENERAL ASPHALT CO., lNe. ("VENDOR"), is for the
sole purpose of correcting a scrivener's error in the AMENDMENT. The original STANDARD
FORM OF AGREEMENT BETWEEN OWNER AND VENDOR to which the amendment and
this correction apply was dated May 16, 2006.
WHEREAS, OWNER and VENDOR entered into the STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND VENDOR for the purchase and delivery of Asphalt at a Fixed price
to Monroe County, Florida, dated May 16,2006; and .
WHEREAS, OWNER and VENDOR entered into the AMENDMENT on May 16,2007; and
WHEREAS, the scrivener's error in the AMENDMENT should be corrected.
THEREFORE, the parties mutually agree to this CORRECTION OF SCRIVENER'S ERROR
and state.
1. The scrivener's error was a typographical error on the year; and was located in paragraph 1 of
the Amendment to Contract Renewal. The error is hereby corrected to read as follows:
"1. Section 2 of the contract renewal dated Apri118, ~ 2007 . . . ."
2. The remainder of the AMENDMENT dated May 16,2007 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
(SEAL)
Attest:
By C:~ ~if
Itness
Date: DC J 02-( '1-00 1
GENERAL ASPHALT CO., INC.
By~v-::ft~~
PrintedName: Ro~ 5, ~~.L~
Date:~~v)" ~J }-up?
Ameadllleat to Coatnct ReIIewJI
(Purchase of Asphalt)
This Amendment to Contract Renewal dated April ) 8, 2007, is made and entered into this 16- day of
~ 2007, between MONROE COUNTY, a political subdivision of the State of Florida. hereafter
County or Owner, and GENERAL ASPHALT CO., INC., hemlfter Vendor, as follows:
WHEREAS, the County has budgeted funds to purchase asphalt from the Vendor for in-house
paving projects, and
WHEREAS, the purpose of this amendment to clarifY that outstanding invoices during the term
of the original agreement, which are unpaid for the period of March 12. 2007 though April 17, 2007, for
asphalt picked up and used by the County for in-house paving projects., should be paid under the renewal
contract, and
WHEREAS, these unpaid invoices shall be paid under the renewal contact and shall count against
the not to exceed cap to be imposed under this amendment,
NOW, THEREFORE. the County and the Vendor agree to amend the renewal agreement dated April
18, 2007, to read as follow:
1. Section 2 of the contract renewal dated April 18, 2~1I read:
""The Owner shall pay, and the Vendor shall accept. as full and complete payment for all Type S-ill
asphalt ordered and picked up by the County from the Vendor, the fixed sum of Sixty-six and 56/100
Dollars ($66.56) per ton, not to exceed Four Hundred Thousand Donars ($400,000.00). for the term
of this agreement. These amounts, binding upon the parties for one year. shall not be modified except
by an option to extend this contract, in writing and executed pursuant to BOCC approval."
2. Section 4 is added to the contract renewal dated April 18, 2008. to read as follows:
"For the period of May 16, 2006 through April 17. 2007. the Owner shall pay and the Veodor sbalI
accept, as fuU and complete payment for aU Type S.ID aspbalt ordered and picked ~ ~s 1"71
&om the Vendor, the fixed sum of Sixty-Five Dollars ($65.00) per ton. This ~ IF
allow the owner to pay the Vendor for outstanding invoices totaling $39,269.85 ~ 1 1d
through April 17, 2007, dwing the renewal term of April 18, 2007 through Aprill7. ~ : '""':l
on: - 9
---- ~<.J
~ - 0 respects, the renewal agreement dated April J 8, 2007. mnains in fu~jmd:lllect. 7J
/~~~. ~ Q..e _< ~ ;::::; :z: fTl
V'\,.r ..:-1_ _ ("')
1',,) c:., F, the parties have hereunto set their hands and seal, the 9BY 4Wi yei1 ~
/ . :t:~ r.. ,f:'" 0
-
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FWRIDA
By: ~Ak~
Mayor/Cbairman
(SEAL)
Attest:
By ~L w-i:7
Title: ~ P7y-