05/16/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 21,2006
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Hanc~
Deputy Clerk 'C)?
FROM:
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval to award bid, enter into contract, and authorized execution of a Standard Form of
Agreement between Monroe County with General Asphalt Co., Inc. for purchase and delivery of
asphalt at a Fixed Price in the amount of $65.00 per ton for a period of one (1) year, not to
exceed $162,500.00.
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 Attorney
Finance
File
Purchase of Asphalt at a Fixed Price
Section 00500 - (Sample Agreement)
Standard Form of Agreement
Between Owner and Vendor
Where the basis afpayment is a STIPULATED SUM
AGREEMENT
Made as ofthe
16th day of May in the year of TWO THOUSAND AND SIX.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners, ("BOCC")
1100 Simonton Street
Key West, Florida 33040
And the Vendor:
(Name and address)
General Asphalt Co., Inc.
4850 Northwest 72"d Ave.
Miami, Florida 33166
For the following:
Purchase and Delivery of Asphalt at a Fixed Price to
Monroe County, Florida
Oversight for Owner:
Monroe County Engineer, David S. Koppel, P.E.
Monroe County Engineering Division
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida 33040
There is no "Construction Manager" or "Architect", any reference to these terms in this document or in any
document pertinent to this project means "Owner". Vendor shall be dealing directly with Owner through its
County Engineer and Engineering Division or his Designee.
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STANDARD AGREEMENT BETWEEN OWNER AND VENDOR
00500-1
Purchase of Asphalt at a Fixed Price
1. The Contract and Contract Documents
The contract between the owner and the vendor, of which this agreement is a part, consists of the
contract documents.
2. The Contract Documents
The contract documents consist of this contract, the Request for Bid, Scope of Work and any addenda,
all bid forms, and section 02513-specifications and any other amendments hereto executed by the parties after
the execution of this Agreement.
3. Entire Agreement
This contract constitutes the entire and exclusive agreement between the owner and the vendor with
reference to the Purchase of Asphalt at a Fixed Price. The Vendor shall submit to Monroe County a Bid for
the purchase of Type S-III Asphalt at a fixed price for a period of one (1) year. 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.
4. No Privity with Others
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.
5. Intent and Interpretation
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.
(a) This words "includes," or "including," as used in this contract, shall be deemed to be followed by the
phrase, "without limitation."
(b) 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 ofthis contract.
(c) 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.
6. Time
The contract time is effective for one (1) year. An option to extend the contract by the owner twice
for one year periods is included. This option may be exercised annually upon approval of the BOCC.
7. The Contract Price and Scope of Services
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 Sixtv Five Dollars ($65.00) per ton, not to exceed a total of One
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Purchase of Asphalt at a Fixed Price
Hundred and Sixtv two Thousand Five Hundred Dollars ($162,500.00), 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
The Vendor shall deliver Type S- III Asphalt for a period of one year to several locations throughout the
County, These locations will be determined by the Owner or it's designee at the stated time.
8. Payment Procedure
The owner shaH pay the fixed contract price to the vendor pursuant to the Florida Prompt Payment
Act following receipt of invoice. Invoice shall reference Purchase Order numbers and ticket numbers.
Invoice, shaH be submitted to Monroe County at the end of the month of delivery.
9. Governing Law
This contract is governed by the laws of the State of Florida. Venue for all claims or disputes shall be
in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the Sixteenth
Judicial Circuit, Monroe County, Florida. This Contract shall not be subject to Arbitration.
10. Successors and Assigns
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 shaH not assign this contract without written
consent of the owner.
11. Public Entity Crime Statement
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 tor 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 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.
By signing below the vendor states that he/she complies with this paragraph.
12. Trench Safety
If applicable to the project, the vendor shaH comply with all relevant provisions of the Trench Safety
Act (Secs. 553.60-553.64, Fla. Stat.).
13. Contingency
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
STANDARD AGREEMENT BETWEEN OWNER AND VENDOR
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Purchase of Asphalt at a Fixed Price
14. HOLD HARMLESS
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Vendor or any of its Subcontractor( s) in any tier, occasioned by the negligence, errors, or other wrongful act
of omission of the Vendor or its Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended as a result of the Vendor's failure to purchase or maintain
the required insurance, the Vendor shall indemnify the County from any and all increased expenses or lost
revenue resulting from such delay.
The first ten dollars ($10.00) ofremuneration paid to the Vendor is for the indemnification provided
for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. The provisions of this section shall survive the expiration or
earlier termination of this agreement.
15. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Vendor is an independent contractor and not
an employee of the Board of County Commissioners for Monroe County. No statement contained in this
agreement shall be construed so as to find the Vendor or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
16. ASSURANCE AGAINST DISCRIMINATION
The Vendor shall not discriminate against any person on the basis of race, creed, color, national
ongIn, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,
promoting, terminating, or any other area affecting employment under this agreement or with the provision of
services or goods under this agreement.
17. ASSIGNMENT/SUBCONTRACT
The Vendor shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County and Vendor, which
approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph
shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-
upon price of the services/goods of the Vendor and compensation to County.
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Purchase of Aspl1;ilt ilt il !,'ixcd rrit~G
18. COMPLlANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Vendor shall abide by all st<1tlltes,
ordinances, rules and regulation pertaining to, or regulating the provisions of~ SLlch services, including those
now in effect and hereinaHer adopted. Any violation of said statutes, ordinances, rules and regulations shall
cOl1stituk a material breach of this agreement and shall entitle the Board to terminate this contract
immediately upon delivery of written notice of termination to the Vendor. The Vendor shall possess proper
licenses 10 perform work in accordance \vith these specifications throughout the term ofthis contract.
]9. INSURANCE
Prior to execution of this agreement, and maintained throughout the life orthe contmct, the Vendor
shall furnish to the County CertifJcatcs of Insurance indicating the minimum coverage limitation as listed
below:
A. (Jeneral Liability -- include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The mmUTIum IimJts acceptable shall be $5,000.000 Combined Single Limit
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made Policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported should
I;;xtend for a minimum of 4R months following; the termination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY CO/y/MISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
B. Vehicle Liability include CIS a minimum:
. Ov\!ned, NOIl-Owne<.L and Hired Vehicles
J'he IninirnuIll limits tlcceptahle shall be $J ,000,000 Combined Single Limit
If ::-;plil limits arc provided. the minimum limits acceptable shall be: $500,000 per Person;
S I ,000.000 pcr Occurrcnce; and S I 00,000 Properly Damage.
MONROE COUNTY BOARD OF COUNTY COkfMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
C \^/orkel"::-; Cmllp8l)Sation - limits suffIcient 10 respond to Florida Stat uk 440.
III addition, the Vendor shall obtain Einploycrs' I.iability Insurance \vilh limits 01'110t lL'ss than:
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STANDARD AGREf'M8NT BETWEEN OWNER AND VENDOR
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Purchase of Asphalt at a Fixed Price
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$J,OOO,OOO Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Vendor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County
shall recognize and honor the Vendor's status. The Vendor may be required to submit a Letter of
Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the
Vendor's Excess Insurance Program.
If the Vendor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the
Vendor may be required to submit updated financial statements from the fund upon request from the County.
20. VENDOR'S RESPONSIBILITY
The Vendor warrants that it is authorized by law to engage in the performance of the activities
encompassed herein, subject to the terms and conditions set forth in these contract documents. Vendor shall
at all times exercise independent I judgment and shall assume responsibility for the services to be provided.
21. NOTICE REQillREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY
Senior Director, Lower Keys Operations
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR VENDOR
General Asphalt Co., Inc.
4850 Northwest nnd Ave.
Miami, Florida 33166.
22. CANCELLATION
A) In the event that the Vendor shall be found to be negligent in any aspect of installation,
stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five
days written notification to the Vendor.
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Purchase of Asphalt at a Fixed Price
B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty
(60) days written notice of its intention to do so.
23. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of the agreement, the County and Vendor agree that venue shall lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
The County and Vendor agree that, in the event of conflicting interpretation of the terms or a term of this
agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding.
24. RECORDKEEPING
Vendor shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or Clerk determines
that monies paid to Vendor or not paid to County pursuant to this Agreement were spent for purposes not
authorized by this Agreement or wrongfully retained by Vendor, the Vendor shall repay the monies together
with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid.
25. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Vendor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
26. ATTORNEY'S FEES AND COSTS
The County and Vendor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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27. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the County and Vendor and their respective legal representatives, successors, and assigns.
28. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate or individual action, as required
bylaw.
29. CLAIMS FOR FEDERAL OR STATE AID
Vendor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal
and state funds to further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This provision does not negate or waive the provisions of Paragraph 16 concerning
cancellation.
31. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Vendor agree to participate, to
the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this Agreement. County and
Vendor specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
32. NONDISCRIMINATION
County and Vendor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any party, effective the date
of the court order. County or Vendor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
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STANDARD AGREEMENT BETWEEN OWNER AND VENDOR
00500-8
Purchase of Asphalt at a Fixed Price
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
33. COVENT ANT OF NO INTEREST
County and Vendor covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
34. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to comply
with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida
Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
35. SOLICITATION/PAYMENT
The County and Vendor warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the
provision, the Vendor agrees that the County shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
36. PUBLIC ACCESS
The County and Vendor shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statues, and made or received by the County and Vendor in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Vendor.
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STANDARD AGREEMENT BETWEEN OWNER AND VENDOR
00500-9
Purchase of Asphalt at a Fixed Price
37. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and
the Vendor in this Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
38. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers agents or employees of any of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers agents, volunteers, or
employees outside the territorial limits of the County.
39. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by and participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and
case law.
40. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Vendor agree that neither the County nor the Vendor or any
agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
41. ATTESTATIONS
Vendor agrees to execute such documents as the County may reasonably require, including a Public
Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
42. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
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STANDARD AGREEMENT BETWEEN OWNER AND VENDOR
00500-10
Purchase of Asph:dt ;It a Fixed Price
43. EXECUTION IN COUNTERPARTS
This Agreement may be executed 1n any number of counterparts, each of which shall be regarded as
an original, all of which taken together shall constitute one and the same instrument any of the parties hereto
may execute this Agreement by signing any such counterpart.
44. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convcnience of refercnce only,
and it is agreed that such section headings arc not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
45. CONTlNGI<:NCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Monroe County Board of COLlnty Commissioners.
~~~.t}S WIII!RFO} the p,lltles herelo have executed thIS ^glcelnenl on lhe delY dnd date filst written
/'~~~_ ~~) ~ountcrparts, each of WhlCh shall. wlthollt proof or accountl11g for the other counter pell ts, be
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BOARD OF COUN l'V COMMISSIONERS
OF MONROE CO TY,"I GRIDA
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MONROE COUNTY ATTORNEY
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ASSISTANT COUNTY ATTORNEY
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END OF SECTION 0050n
2/27 !200(,
STANDARD AGREEMENT BETWEEN OWNEr<- AND VENDOR
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Purchase of Asphalt at a Fixed Price
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as
previously instructed herein.
Item
1.
Descriotion
Proposal Form
2.
Non-Collusion Affidavit
3.
Lobbying and Conflict ofInterest Clause
4.
Drug-Free Workplace Form
5.
Insurance Agents Statement and Bidder's Statement
6.
Vendor's License
Current Copy to be submitted with Bid
7.
Bid Bond
2/27/06
BID PROPOSAL
00110-1
Purchase of Asphalt at a Fixed Price
BID FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/o PURCHASING DEPARTMENT
1100 SIMONTON STREET, ROOM 1-213
KEY WEST, FLORIDA 33040
BID FROM: Gg1'lSji2.Jo.L ~l>~AlT U:>;,k.
~50 N. W. 72 AvJ;'.
----Adl A-M\ FL.' 3 '3.1~b
I
The undersigned, having carefully examioed the Bid Documents, and Addenda thereto and other Contract
Documents for the:
Purchase of Asphalt at a Fixed Price
Monroe County, Florida
The undersigned shall provide a fixed price for asphalt at the Unit Price Indicated on the following Bid Form.
Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final
contract price will be detennined from the actual quantities measured for payment in accordance with the Contract
Documents. The fixed price ofthe asphalt will be guaranteed by Bidder for one (1) year following execution of the
contract.
2/27/06
BID PROPOSAL
001l0-2
Purchase of Asphalt at a Fixed Price
Monroe County Bid Form
Project:
Location:
Contractor:
Date:
Purchase of As halt at a Fixed Price
Monroe Count , Florida
Item
No. Qty. Unit
1. 2500 Tons T
Description
Written Unit
Price
Vendor's Signature
Date
Unit
Price
Total Price
2127106
BID PROPOSAL
00110-3
Purchase of Asohalt at a Fixed Price
1. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based on
geographic area or other, and to waive any informality in any response, or to re-
advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
C. The recommendation of staff shall be presented to the Board of County Commissioners
of Monroe County, Florida, for final selection and award of contract.
2. EXECUTION OF CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the County
four (4) executed counterparts of the prescribed Agreement together with the required
certificates of insurance.
3. PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the finn name and the
words "Member of the Firm" should be written beneath such signature. If the Respondent is
a corporation, the title of the officer signing the Response on behalf of the corporation must
be stated along with the Corporation Seal Stamp and evidence of his authority to sign the
Response must be submitted. The Respondent shall state in the response the name and
address of each person having an interest in the submitting entity.
2/27/06
BID PROPOSAL
00110-4
Purchase of Asphalt at a Fixed Price
I acknowledge receipt of Addenda No. (s) I r4llr;y.n 2bO,", ). I have included
the Bid Proposal which entails the Proposal orm-IL..,'the Non-Collusion Affidavit~ the
Lobbying and Conflict ofInterest Clause-.JL, the Drug-Free Workplace Form ---1L, the Bid
Bond--> the Bidder's Insurance Statement v" Also include a copy of valid licensesL.
(The above is intended as a courtesy review checklist of the required bid items.. However, it
does not imply that these are the only items needed. There may be additional requirements not
listed here that are listed in other sections of the Request for Bid. It is the Bidder's
responsibility to provide all required bid items.)
Mailing Address:
GeN~~ A.L A ~~~LT ~) Dvc.
YD. i3e>)( 52- 23.6t;
M\A1+..\ 1=1..,.331.1;'2..
I
-'Z.,.
Phone Number:
Date: 25' APJ2.IL'1J')J}6Signed:
(Name)
Ppln>lp~Nr
0'i<\') ~
--~~..~.
Witness:
(Seal)
2/27/06
BID PROPOSAL
00110-5
Purchase of Asphalt at a Fixed Price
SECTION 00110
Bid Bond
OW ALL MEN BY THESE PRESENTS, that we
(Here insert full name and address or legal title of Contractor)
ai, hereinafter called the Principal, and
(Here insert full name and address or legal title of Sure
Iy organized under the laws of the State of
called the Surety, are held and firmly bound unto
(Here insert full name and address
As Obligee, hereinafter ca
),
for the payment of which sum well
our heirs, executors, administrators, sue
truly to be made, the said ncipal and the said Surety, bind ourselves,
y and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bi
(Here insert full name. address and description of project)
NOW, THEREFORE, if the Obligee shall accep e id of the Principal and the Principal shall-enter a
Contract with the Obligee in accordance with e terms such bid, and give such bond or bonds as may be
specified in the bidding or Contract docu ts with good d sufficient surety for the faithful performance of
such Contract and for the prompt paym of labor and mate ' I furnished in the prosecution thereof, or in the
event of the failure of the Principal t nter such Contract and ' e such bond or bonds, if the Principal shall
pay to the Obligee the difference t to exceed the penalty hereof tween the amount specified in said bid and
such larger amount for which Obligee may in good faith contract 'th another party to perform the Work
covered by said bid, then th' obligation shall be null and void, otherwi to remain in full force and effect.
Signed and sealed thi
day of
2006,
(Witness)
(Principal)
(Seal)
(Title)
(W ilness)
(Surety)
~<{j
~
~
~
2/27/06
BID PROPOSAL
00110-6
Purchase of Asphalt at a Fixed Price
SECTION 00110
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Reauirement
Worker's Compensation WCI ~
Statutory Limits
General Liability GL4 l
$ 5,000,000 Combined Single Limit
Vehicle Liability VL3.2L
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage or
$1,000,000 Combined Single Limit
Employers'Liability WC3 _X_
$1,000,000 per Person; $1,000,000 per Occurrence
$1,000,000 Property Damage
All insurers shall have an A.M. Best rating of VI or better and sball be licensed to do business in the state of Florida.
2/27/06
BID PROPOSAL
00110-7
fl1is ecrlilicalc j, cxcctLl"d i':(!:.'~~crIY "luILja[ 11I~U["nc" GWUI' 4, rC~p'el[~ 'i~th ill,lIra~cc ,l~ is ~fI{Hlkd by [ho~': (olllpanic., ______"____ _,_~~___.~,.____ IlM()()(ig
Ccrtll1c,ltl.'of Insur:lllcc ~
~tf:~~_(~~;i;:.~~_:.;t~;:~;~;:~c,dJ;~~~:I';;~~~~~Ofillr(Jn~alioJl 01l~Y ilnd conlcr, no r:~~:~=:_ the wtl~;t"k holder ]11;, cCllilica(c jo no! ~n jn,lIr~JI"c PO]iC:~dOCS not ulocnd, extend, or alter Ih~~_L~~~:g~_____".J
This is 10 ccrlifythat(Name,lnd :lddrcssoflmurctl)
r~;;;~'~ ~,;~~: . ,;,- -
ricuni, FL 33166
". ~t lhe i,suc (ble "flhi, ~eltificalc, insured by the C()mpany under the policy(ics) listed helow The inslILll1ce ~llfo[(kd'bi" the ]jskd pulice:; is ,ubjee! If) all [heir terms. ~,~cllIsi()ns and conditions and
''"~~
~ Liberty
~ MutuaL,"
(Jene
allY: rel uir"llI~nt, tcrlll or Londiti'm "fany contractor olhc'f document with rc~pecll~,wl1ich t1~:,_(pt_(f:t;'lt': (1.~~yh~ i,su",l ~ -~~~-
ra~i2,~_~ Yvpc.___ Exniration Date(s) Policy Nlllllbcr(s) ._.____ Limits of Liability
'ontinuOlls* 01/011200? W A6-15D-41 0483-326 CQy~r\lgc atlllr\\{".d >Inlier ~V(' bwof Employers Liability
thefollowillgstatrs: ----~~~
Extcnrled --~-~ Bodily Injury By Accident
lohcy Term FL 5500,000 Each ACCident
-~~-~-- ---c--~.~-
80ddy Injury By Oisease
$500,1100 Policy Limit
Compensation Bodily Injury By Disease
SSIIO,OOO Each Person
- ---..---.
[)liD1I2007 TBl-15].410483-1% General Aggregate Other than Prod/Completed Operations
raI] i~biliLy $2,000,000 ----
PlOducts/Complctcd Operntions Aggregate
ims M~dc -] $1.000 000 --..--
lIrrcnr:S____u Bodily rnjury and Property Damage Liability PCI
$1,000,000 ~::.curr~~~
ct~;-!.~~Lte .---::=1 Personal and Advertising fnjury Pcr Persoll /
$1 000 000 .-"-- qn:>;a.'2ization
Other Liability Other Liability
,..-,.- $1 00,000 Premises Rented to you $5,009 Mcdi~..all~ayment~_
01/01/2007 ASr - I 51-41 0483-336 E8Ch Accident - Single Limit ~ B. I. and P. D, COInhined
bile Li,lbility $1,000,000 --...-.-,.- -.-.
- bach Pcrson
led J ------ --~_.-
-O\\llcd Each Accident or Occurrence
'<1 -- _.~--'-'- --"-"'--'"
Each Accident or Occurrence
____n._.___._ Th:fTsT4fi1483-176 ------
01/01/2007 'looo.OOOIlO''''YI''J,~n:'0~g,~, .
. . ' . ,.... I
----- Lll.J!llO,oOO Gelleral !\""rc ,;It.. ..' ..., _.------,--.
.. to~IOh
'f- ,
CT: PURCHASE OF ASPHALT AT ^ FIXlm PRICE
'lCATE HOLDER 1S ADDITlONAL INSURED AS TO C;liNERAL LlABlUTY INSURANCE
Ie cxpiration date i~ continuou, or eXkndcd term, you willlw uo(ilied ircovcrag~ i<; Lcr~linaled or ~cduccd bef()fc the cerlilieak expiration dale. However: \'OU will nol be notific,l ~llnuatty 0('
orcovcra~e
- Ohio: Any perSOtl who, with illtent to defraud or knowing Ihat he / sbe i~ facilitating'l [r,lUd a~ainsl all iIlSUTLT, ,Ublllit$ 'lll applintil1n or files.l dainl ronlaining a fillsc nr
lcnt i.1 gllilty of insur""CC fr~uJ
111"tiOll to Florea" \wlicyf\<.)\de,<; Jl\J c\:\'\itka\~ 11()\th;1~: in the C~Cn1 you ha\<c aoy 'llIc<;\;(ll1' (H need ;llfMI11"l'lon ,IOO\l( lhis ccrliJ1calc for any rC;1:;OI1, plc.l.,C ,'Plllact YOllr local s"ks producer.
d tdepl\(Jnc nllmber appears in th~ low('r lell comer (lflhis certificatc. nc appropriate I,)cal salc,; "flice l1uiling address may .llso b~ ob(,,;n~J by calling this number.
'I)"tion: (nut :tpplicabk unless a numbcr of day!; is entered below)_ Rdorc the Ilattd cXpir;;li,)~~;I;te tlw ~'Ql\l,l<lnY will (<<It qn~d (I[ {cIlUCI: Il", ill' \\lance affordc,\ umkr thc ab~~;;;--"-
le.1St 30 day.> r"'tic~ of :;uch eallcd'~lion hns been Ilwi1cd tn-
--.-- ..---.....-.- - -- ~- -
ITiel': FT l.AlJ])I::!<.!)/\LE, FL Phullc: (-:00-.')42_00j5 ~ V~__
(,rtificatelloJrle'" 9-'
[~ MARY VOSSEN :=J
--"'~. ...~~_.._~-"....
__~1~~rizc,j RqWS,:;~r:<~~l,ve_,____,___
'v\'orkcrs
Cb
X QC~
~
Autoll1o
X OWl
X Non
X_~
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t:.
,
I
S
*Iftbcecrtitica
Ih~ continuation
Spccial Notice
dcceptil-'cs(,llcll
J,nporlanlinfor
whose nalllC "-n
PROlE
CERTIl
Noticco!'I."anec
pu\iC;CSI.,ltil:Jt
I)
('
MONROE COUNTY BOARD OF COUNTY COV[MTSS[ONERS
MONROE COUNTY PURCHASING OFFICE
1[00 SIMONTO'-i STREET
ROOM 1-213
Kl,Y)VEST, FLORIDA Ji040
C;c.:~
Oak Issllcd: I 2/~; 1/2()1)5 l'n:p:lrcod Ily 1\,-1 V
Purchase of Asphalt at a Fixed Price
NON-COLLUSION AFFIDAVIT
I,J~'18~2.'T A. ~PELofthecityof MJIlo.Ill\.IJ FL.. accordingtolawonmyoath,and
under penalty of pequry, depose and say that;
1. lam PR.Ia'~lbtsNT of the firm of
~ . 06. L ,4S.Q""~1 T ~:J "Dv<: ' the bidder making the Proposal for the project
described in the notice for calling for bids for:
Purchase of Asphalt at a Fixed Price
Monroe County, Florida
And that I executed the said Bid with fnll authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such process with any other bidder or with any competitor;
3.) unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will
not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4.) no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5.) The state s contained in this affidavit are true and correct, and made with full knowledge that
ounty relies upon the truth of the statements contained in this affidavit in awarding
s for pro
2". Ap~l L /.t':JIO-.f-.
(Date)
STATE OF: -----F"l.J')P-, DA
COUNTY OF: -M/1lo.^,,1 - ~nE
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~!;:U'I2.T A _ L..r,W7"_
(name of individual signing) who, after first being sworn by me, affixed his/her SIgnature in the space provided above on this_
2.5i'T~ dayof APD\L .2006. ~/ ~~ft/
-N~UBLIC ~
My commission expires:
loh'j'J.OCJ9
I
i'" :t\.
,~j
",..'"
Notary Pulll~ State of Florida
Royal S Woboter Jr
My Coomission DD4800n
Exp...,011512OO9
2/27/06
BID PROPOSAL
00110-8
Purchase of Asphalt at a Fixed Price
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
"
Gr ~/..lI:U2.AL A 5p~AL.,.. r~;1 j ~~
(Company)
"
"... Warrants that it has not employed retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this con without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwo recove the amount of any fee, conunission, percentage,
gift, or consideration paid to the former C f 0 loyee".
STATEOF~I""I2..\DA
COUNTYOF fII.,A~\ ~ D,A~
'Z~Apel'-- Z6~
(Date)
( 0
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~8ea:r 1+_ k>pe:z
who, after first being sworn by me, affixed hislher
Signature ~_.:~ A. I ,., pY'Z
(Name of individual signing)
Above on this 2.~T~ayof A?D.II..
in the space provided
,2006. ~
~ ~.,/~ .
N~UBLIC
My commission expires: I'OI?OO 9
~~,
,~~j
........
NolaI\' Public State of Florida
Royal S Webster Jr
My Comml$Sion 00480077
expireS 1011512009
2127106
BID PROPOSAL
00110-9
Purchase of Asphalt at a Fixed Price
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
r.;.E~P""L ASPJ.JAL-r c-;.,") lHc.
.(Name of Business)
1. Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (I).
4. In the statement specified in subsection (I), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employees will abide by the tefI!lS of
the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contend ere
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through. plementation of this
section.
As a person authorized to sign the statement, I certify that this frrm compli
MCP#5 Rev. 6/91
-Z5 Ap/Z./L ?/)/.)t:
Date
END OF SECTION 00110
2/27/06
BID PROPOSAL
00110-10
'-, . R::'~'A:B
.RGOOq09~2'.,:' Y31~~~::e~,O~858_47
';:",:,:,:,'I"!:";,:;;,-;'_~,,'~I,;,::i":":;;:r'~',1;':::;:'0B"'I''(:'i"i,'';''::;":;'';,,I,;~~~j''ml~ 0 ~ ~ ~ " ," __;i'",~ = ~__ _ ~_
. ...... 'REGI SlfER~' . /'~ ,;;t~ i~it;'''';;A
: . :WEBSTER - 5t~~~ C,,-_~
/" GENEM: ~
. '1:rNDI'!lI . - ~
~.L.c~~i
WEBSTER ROYAL S JR
GENERAL ASPHALT CO., INC.
D.B.A.: ~
LicenseNo.E7~2 ., r ' .
Exp. Dale: - -.09/30/2007 Herminie FM
MONROE COUNTY
THIS IS TO CERTIFY THAT
WEBSTER, ROYAL S. , JR.
QUALIFIES AS A
PAVING CONTRACTOR
THIS CERTIFICATE EXPIRES ON
10/31/07
UNLESS REVOKED
ACCORDING TO LAW
~~G fiiig~~C'
RECEIPT NO.
ISSUE DATE:
COUNTY LIC#
MONROE COUNTY
77491 CC:
12/08/2005 FEE
ENG II 173D FEE
EUD
DUE
PAID
150.00
150.00
THIS CERTIFIES THAT
WEBSTER, ROYAL S. , JR.
QUALIFIES AS A PAVING CONTRACTOR
IN GOOD STANDING AND THIS CERTIFICATE
OF COMPETENCY IS VALID AND IN FORCE
UNTIL 10/31/07
WEBSTER, ROYAL S. , JR.
GENERAL ASPHALT CO. INC.
P.O. BOX 52-2306
MIAMI FL, 33152
CERTIFICATE OF COMPETENCY
11)96 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Risk Managcment
Date
County Administrator appeal:
Date:
___General Asphalt Co.., Inc
___Purchase Asphalt at a Fixed Price
4850 NOlthwest 72,,11 Ave. Mimm, Flonda 33166
.305 _592 3480_........_____.__
_Purchase asphalt at a fixed price
ouGencral Asphalt Co, Inc. will not be delivering asphalt to the County Non of their
vchciclcs shall be coming onto the County's property for the above scope of work The
County shall pick up the asphalt from General Asphalt's plant with its veheicJes__
__ Vehicular and Workers Compensation Insurance
~~_~~"1!;[:;~7~~M~-'
~~d~ - - .. -~. ' L__ Not App~oved-.--_--_=__~----
_u....._1b~'Q~
Approved:
Not Approved: .________~____
Board ofCounry Commissioners appeal:
Not Approvcd:
Meeting Date:
Administration InsrrucTlon
#47091
Approved:
104