02/18/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
Apri/8,2004
TO:
Dent Pierce, Director
Public Works Division
ATTN:
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanc&
Deputy Clerk
At the February 18, 2004, Board of County Commissioner's meeting the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County and General Asphalt Co., Inc. 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.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File .I
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
BOARD OF COUNTY COMMISSIONERS
MAYOR Murray E. Nelson, District 5
Mayor Pro Tern, David P. Rice, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Charles 'Sonny" McCoy, District 3
OK~~rY ~o~~~E
(305) 294-4641
MEMORANDUM
TO:
Pamela G. Hancock
Deputy Clerk
FROM:
Dave Koppel
County Engineer
Suzanne A. Hutton ~
Assistant County Attorney
DATE:
March 26, 2004
SUBJECT:
Purchase of Asphalt Contract
I received from the Clerk's office a document that shows my signature on February 2, 2004
and a copy of a similar document also containing the same February 2, 2004 signature page
and which was placed on the BOCC agenda. Please be advised that the two documents,
other than the last page, are not the same document, On the BOCC agenda, paragraphs
1.3.1, 3.1.1 and 4.1.1 are different than the same numbered paragraphs in the documents
submitted to the Clerk's office for execution. While I could probably write something
opining that the change in 1.3.1 makes no difference, the changes in 3.1.1 and 4.1.1 totally
change the content of the contract. In the item which was placed before the BOCC, there
was a commitment to pay a fixed price per ton not to exceed a certain total. In the item
which was submitted to the Clerk for execution, the payment is a total of $90,000 based on
a dollar amount per ton multiplied by a certain number of tons but it is written in such a
fashion that the failure to provide the 2,500 tons would not impact the obligation to pay the
total of $90,000. Accordingly, it is my opinion that a substantive change has occurred and
that the revised contract needs to go back to the BOCC for approval and a rescission of the
prior approval.
I am returning both documents to the Clerk's office to retain or return to Engineering as
they deem appropriate. However, I am advising the Clerk's office not to execute the
document that was submitted to the Clerk for execution.
Enclosures (Clerk's office)
LETTER OF TRANSMITTAL
Date: March 18,2004
MONROE COUNTY
Engineering Department
1100 Simonton Street
Key West, Florida 33040
(305) 292-4469
ATTN: Jan/County Attorney's Office
Clerk's Office
RE: Purchase of Asphalt at a Fixed Price
ENCLOSED PLEASE FIND THE FOllOWING ITEM(S):
NO. DATE COPIES DESCRIPTION
4 sets Purchase of Asphalt at a Fixed Rate: Standard Form of Agreement between
Owner and Vendor (General Asphalt Co., Inc.) with original certificate of
msurance
THESE ARE TRANSMITTED AS CHECKED BELOW:
DFor Approval
DApproved as Noted
[8JFor Your Use
DFor Review and Comment
DReturned for Corrections
DCopies for Approval
REMARKS:
Jan: This project was approved at the February 18, 2004 BOCC meeting, Item #CI2. Please forward to the Clerk's
office when they are ready. If you have any questions, please call me at extension 4469. Thanks - Jo
Clerk's Office: Please return an executed copy to Engineering for us to forward to the contractor. Thanks - Jo
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LETTER OF TRANSMITTAL
RE~~VED
'APR 0 6 ?nn4
MONROE COUNTY ATTORNEY
Date: April 5, 2004
MONROE COUNTY
ATTN: Suzanne Hutton, Assistant County Attorney
County Attornev's Office
Clerk's Office
RE: Purchase of Asphalt at a Fixed Price
Engineering Department
1100 Simonton Street
Key West, Florida 33040
(305) 292-4469
ENCLOSED PLEASE FIND THE FOllOWING ITEM(S):
NO,
DATE
COPIES
DESCRIPTION
4 sets Purchase of Asphalt at a Fixed Rate: Standard Form of Agreement between
Owner and Vendor (General Asphalt Co., Inc.) with original certificate of
msurance
THESE ARE TRANSMITTED AS CHECKED BELOW:
DFor Approval
DApproved as Noted
[2]For Your Use
DFor Review and Comment
DReturned for Corrections
DCopies for Approval
REMARKS:
Suzanne: I am re-submitting the contracts with pages 2 and 3 replaced, along with a letter from General Asphalt
approving the BOCC approved pages, authorizing the removal of the incorrect pages and replacing them
with pages 2 and 3 approved by the BOCC at the February 18,2004 BOCC meeting, Item #CI2. This
contract is now the one that was approved on February 18. Also enclosed is the previous correspondence
and agenda item for your reference.
If this is satisfactory, please forward to Pam at the Clerk's office. If you have any questions, please call
me at extension 4469. As always, thanks for your help - Jo
Pam/Clerk's Office: Please return an executed copy to Engineering for us to forward to the contractor. Thank you
for your help - Jo
General
Asphalt Ca, lnc.
MONROE COUNTY
PUBLIC WORKS DIVISION
ENGINEERING DEPARTMENT
1100 Simonton Street
Room 2-216
Key West, Florida 33040
Attn: .10. B. WaIters, Administrative Assistant
MARCH 30, 2004
FAXED TO 1-305-295-4321
RE: HOT MIX ASPHAL T AT A FIXED PRICE
MS. WALTERS
GENERAL ASPHALT CO., INe. HAS READ AND AGREES TO
ARTICLES 1.3.1, 3.1.1, AND 4.1.1 AS APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS ON FEBRUARY 18, 2004, AND WE
AUTHORIZE PAGES 00500-2 AND 00500-3 AS APPROVED BY THE
BOARD BE INSERTED INTO THE CONTRACT FOR PURCHASE OF
ASPHALT AT A FIXED PRICE, REPLACING THE INCORRECT PAGES
00500-2 AND 00500-3.
Section 00500
Standard Form of Agreement
Between Owner and Vendor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the If~
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 of 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 afproject, location, address and scope)
Purchase of Asphalt at a Fixed Price
Monroe County, 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 documents 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 00500-1 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 or entity 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 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 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 Monroe 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 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, sub vendor, or consultant under a contract with any
public entity, and may not transact business with any public 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 (Sees. 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
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BOARD OF COUNTY COMMjgSf0N~S ~
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Deputy lerk
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By
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Mayor/Chairman
UZA NE . HUTTON
ASSISTA~UN"%jTTORNEY
Date 0, ()r/
By:
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By:
(SEAL)
Attest:
Vendor
Title:
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Title:
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END OF SECTION 00500
9/30/03
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-4
This certiticate i, executed b 'Libert Mutual Insurance Grou as res ects such insurance as is afforded b those com anies, BM0068
Certificate of Insurance
This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage
afforded b the olicies listed below,
Miami, FL 33166
~ Liberty
~ :Mutual
This is to certify that (Name and address of Insured)
General Asphalt Co,
4850 N.W, 72 Ave
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below, The insurance afforded by tbe listed policy(ies) is subject to all their terms. exclusions and conditions
and is not altered b an re uirement term or condition of an contract or other document with res eet to which this certificate may be issued.
Ex
01/01/2005
Limits of Liabilit
Coverage afforded under WC law of Employers Liability
the following states:
Extended
X Policy Tenn
FL
Bodily Injury By Accident
$500,000 Each Accident
Workers Compensation
Bodily Injury By Disease
$500.000 Policy Limit
Bodily Injury By Disease
$500,000
Each Person
0]/0112005
TB2-] 51 -410483-194
0110 I /2005
ASI-151-410483-334
General Aggregate-Other than Prod/Completed Operations
$2,000,000
Products/Completed Operations Aggregate
$1,000,000
Bodily Injury and Property Damage Liability Per
$1,000,000 Occurrence
Personal and Advertising Injury Per Person /
$] ,000,000 Or anization
Other Liability Other Liability
$ I 00,000 Dm to rem mtd to y $5,000 Medical Payments
Each Accident - Single Limit - B. I. and p, D. Combined
$1,000,000
Each Person
General Liability
Claims Made
X Occurrence
Retro Date
Automobile Liability
X Owned
X Non-Owned
X Hired
Each Accident or Occurrence
Each Accident or Occurrence
Umbrella Excess Liability
01/0]/2005
THI-151-410483-174
$1,000,000 Single Limit for Bodily Injury and Property Damage Liability
over Underlying Limit
c
o APP80
M
M ~
E
N O~e
T
s THE CERTIFICATE HOLDER IS ADDITIONAL INSURED AS"luatlE~~ LL\BIUTY.
*Ifthe certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date, However, you will not be notified annually
ofthe continuation of coverage.
Special Notice - Ohio: Any person who. with intent to defraud or knowing that he! she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or
deceptive statement is guilty of insurance fraud.
Important information to Florida policyholders and certificate holders: in tbe event you have any questions or need information about this certificate for any reason, please contact your local sales
producer, whose name and telephone number appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number.
Notice of cancellation: (not applicable unless a number of days is entered below) , Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above
policies until at least 30 days notice of such cancellation has been mailed to:
Office: FT, LAUDERDALE, FL Phone: 800-542-0055
Authorized Representative
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Date Issued: 01101/2004 Prepared By: VS