03/16/2005
Section 00500
Standard Form of Agreement
Between Owner and Vendor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the
THOUSAND AND FNE
)u ~ day of MARCH 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)
H & R Paving Co.
1955 NW 110 Avenue
Miami, FL 33172
For the following Project:
Purchase of Asphalt at a Fixed Price
Monroe County, Florida
The Construction Manager is:
Monroe County Engineer
The Architect is:
Monroe County Engineer's designee
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FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
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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 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.
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
2.1 Time
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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-FIVE AND NO/100- Dollars ($35.00) per ton,
not to exceed a total of EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100--
Dollars ($87,500.00), 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 the fixed contract price to the vendor 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
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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.
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END OF SECTION 00500
21 DEC 04
FIXED PRICE CONTRACT BETWEEN OWNER AND VENDOR
00500-4