Okaloosa County BOCC — July 21, 2015 — C14-2083-PW--15 Amendment Number One - CWRoberts — reading text

AMENDMENT NUMBER ONE TO BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA AND C. W. ROBERTS, INC. This AMENDMENT NUMBER ONE, fully executed this _____ day of _______________, 2015, by and between the OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, acting by and through its BOARD OF COUNTY COMMISSIONERS (hereinafter called “COUNTY”) and C.W. ROBERTS, INC. (hereinafter called “CONTRACTOR”). WITNESSETH: WHEREAS, on October 17, 2013 the COUNTY and CONTRACTOR entered into Agreement C14-2083-PW for procurement of Asphalt Types SP9.5, SP12.5, SP19 Sand Asphalt, Open Graded Hot Mix, Base Course 3 (ABC), Tack and Prime Materials. WHEREAS, to further clarify the cost of Tack Material provided for under C15- 2258-FM, the parties desire to supplement the Agreement by providing a breakdown on pricing for each bucket of tack picked up at the plant or delivered to a jobsite. WHEREAS, this AMENDMENT shall be subject to the terms, covenants, conditions, and agreements to be kept, performed and observed by CONTRACTOR as stipulated in the Original Agreement, Supplemental Agreements, Amendments and Assignment of Leases; and NOW, THEREFORE, Agreement C14-2083-PW is amended as follows: A document breaking down the pricing for each gallon of Tack Material in accordance with the terms of the Agreement is attached to this document as Exhibit “A.” All provisions of the Agreement, including terms of payment, shall remain in full force and effect. This Amendment is solely meant to further clarify the pricing within the existing terms of this Agreement effective July 1, 2015. 1 SECTION 1: The new expiration date of this Contract will be September 30, 2016. SECTION 2: All other provisions of the Lease, as subsequently amended, shall remain in full force and effect. IN WITNESS, the parties hereto have executed these presents as of the day and year first above written. OKALOOSA COUNTY, FLORIDA _________________________________ NATHAN D. BOYLES CHAIRMAN DATE: ___________________________ ATTEST: _______________________________ J.D. PEACOCK, II CLERK & COMPTROLLER OKALOOSA COUNTY, FLORIDA 2  _______________________________ C.W. ROBERTS, INC. DARRYL CARPENTER, VICE PRESIDENT DATE: ________________________ _______________________________ WITNESS _______________________________ PRINT NAME _______________________________ WITNESS _______________________________ PRINT NAME ACKNOWLEDGMENTS STATE OF _________________ COUNTY OF _______________ Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared DARYL CARPENTER who, under oath, deposes and says that he is authorized to execute contracts and lease agreements and that he executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this _____ day of _______________, 2015, AD. _________________________ NOTARY My Commission expires: _________________________________ 3  Exhibit “A” The Okaloosa County Public Works Department has identified Tack Material, billed per gallon is invoiced at the contract rate in 5 gallon increments referred to as Tack Buckets. Tack material is also delivered utilizing a tack emulsion distributor and billed per gallon at the rate of $6 per gallon and not limited to a five (5) gallon bucket. One (1) Tack Bucket picked up at the plant is equal to five (5) gallons and the price is $5 per gallon or $25 per Tack Bucket. One (1) Tack Bucket delivered is equal to five (5) gallons and the price is $6 per gallon or $30 per Tack Bucket. Due to a shortfall in the CONTRACTOR’s software, “Haul” or “Load Tickets” will indicate the Quantity unit of measure as “Ton” since the CONTRACTOR’s software cannot indicate “Each.” The “Haul” or “Load Tickets” will be noted by the CONTRACTOR in the memo section, the total quantity of buckets picked up at the rate of $25 per bucket or $30 per bucket delivered. 4