Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
02/18/04
Division:
Public Works
Bulk Item: Yes..L.. No
Department: Engineering
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with GENERAL ASPHALT
CO. to purchase asphalt at a fixed rate of $36.00 per ton for a period of one (1) year, not to exceed $90,000.00.
ITEM BACKGROUND: The date of the bid opening was December 10,2003, Two bidders responded:
General Asphalt Co., Inc. in the amount of $90,000.00 ($36.00 unit price); and Pavex Corp. dba Ranger
Construction-South in the amount of$95,OOO.00 ($38.00 unit price). This price is to purchase asphalt from the
plant. The County uses this method of obtaining asphalt when paving roads with our in-house paving crew,
PREVIOUS REVELANT BOCC ACTION: Last year the BOCC approved a contract with H & R
Paving at $35.00 per ton.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$90.000.00
COST TO COUNTY:
$90.000.00
BupGETED: Yes X No
- -
SOURCE OF FUNDS: Roads & Bridges
ITEM PREPARED BY:
REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH
~~~
APPROVED BY: County A~ OMB/Purchasing L
cP~
David S. Kbppel, County Engineer
~~~~
Dent Pierce
Year
Risk Management l...
DIVISION DIRECTOR APPROVAL:
2/Y16'-1
DOCUMENTATION:
Included ~
To Follow-,--
Not Required_
DISPOSITION:
AGENDA ITEM #
t/~
Revised 2/2 7/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: GENERAL ASPHALT CO, Contract #_
Effective Date:
Expiration Date:
Upon Execution
One Year from date thereof
Contract Purpose/Description:
A roval to award bid and enter into a Contract with GENERAL ASPHALT Co.
to urchase as halt at a fixed rate of $36.00 er ton for a eriod of one ear, not to
exceed $90,000.00.
Contract Manager: David S. Koppel, PE
(N ame)
4426
(Ext.)
for BOCC meeting on 02/18/04
Agenda Deadlihe: 02/03/04
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes I?J No 0
Grant: $
County Match: $
90,000.00 Current Year Portion: $
Account Codes: 102 - 22503 - 560630 -
1 02 ~ 22507 - 560630 -
-
--
- - - -
-----
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Division Director
Changes
Date Ir:1 Needed
?-I;/oT YesONoO
rbolfd YesONo~
Date Out
Risk Management
O.M.B./Purchasing $W YesO No
County Attorney J /2-/01 YesO NoW
..
Comments:
OMB Form Revised 2/27/01 MCP #2
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Section 00500
Standard Form of Agreement
Between Owner and Vendor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
made as of the
THOUSAND AND FOUR
(In Words, indicate day, month and year.)
day of February
in the year of TWO
BETWEEN the Owner:
(Name and address)
,
Monroe County Board lof County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Vendor:
(Name and address)
General Asphalt Co., Inc.
4850 N.W. 72 Avenue'
Miami, Florida 33166
For the following Project:
(Include detailed description of project, location, address and scope)
Purchase of Asphalt *t a Fixed Price
Monroe Coud,ty, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer's designee
9/30/03
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-1
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 one (1) 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 docume1l1ts and do not form part of this contract.
1.3 Entire Agreement
1.3.1 The contract documents constitute the entire and exclusive agreement between the owner and
the vendor with reference to the Project. In the event of a need for interpretation of the contract
documents, this Standard Form of Agreement, pages 00500Q through 00500-4 supersedes any of the
other contract documents, including the bid documents, and all prior written or oral communications,
representations and negotiations, if any, between the owner and the vendor.
1.4 No Privity with Others
1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any other
contractual agreement between the owner and any person orientity other than the vendor.
1.5 Intent and Interpretation
1.5.1 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract document shall be considered as required by the
contract.
1.5.2 This words "includes," or "including," as used in thi$ 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 nqt 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 The 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
9/30/03
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-2
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, the fixed sum of Thirty-Six Dollars ($36.00) per ton, not to exceed a total of
Ninety Thousand Dollars ($90,000.00), 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.
ARTICLE IV
PAYMENT OF THE CONTRACT PRICE
4.1 Payment Procedure
4.1.1 The owner shall pay to the vendor the contracted price for asphalt received within 60 days
following receipt of invoice. Invoice shall reference Purchase Order numbers and ticket numbers.
Invoice shall be submitted to Momoe County at the end of the month and/or at the end of the contract.
ARTICLE V
MISCELLANEOUS
5.1 Governing Law
5.1.1 This contract is governed by the laws of the State bfFlorida. 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 suceessors, assigns and legal representatives to
the other party hereto and to successors, assigns and lIi:gal representatives of such other party in
respect to covenants, agreement and obligations contairled 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 bf real property to public entity, may not be
awarded or perform work as a vendor, supplier, sub venp.or, or consultant under a contract with any
public entity, and may not transact business with any pu~lic entity in excess of the threshold amount
9/30/03
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-3
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of36 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.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARDi OF COUNTY COMMISSIONERS
OF MO~ROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
UZA NE . HUTTON
Date ASSISTA~~~VTORNEY
(SEAL)
Attest:
Vendor
By:
By:
Title:
Title:
""'" 1............ .,.............
END OF SECTION 00500
9/30/03
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-4