04/18/1990
CCJ/( < I'
CONTRACT
THIS AGREEMENT, made and entered into this 18th day of April,
1990, A.D., by and between Monroe County, Florida, party of the
first part (hereinafter sometimes called the "OWner"), and"
MCW Inc., d/b/a/ Cates Electric, party of the second part
(hereinafter sometimes called the "Contractor").
WITNESSETH: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
1.01 SCOPE OF THE WORK
The Contractor shall furnish all permi ts and permi t
fees; labor, materials, equipment, machinery, tools,
apparatus, transportation and dump fees; and perform
all of the work described in the Request for Proposal
dated February 26, 1990 and entitled:
EMERGENCY GENERATOR POWER SYSTEM
MONROE COUNTY ADMINISTRATION BUILDING
KEY WEST
MONROE COUNTY, FLORIDA
and shall do everything required by this Contract and
other Contract Documents.
1.02 THE CONTRACT SUM
A. The OWner shall pay to the Contractor for the faithful
performance of the Contract, in lawful money of the
United States, as follows:
B. Based upon the price shown in the Proposal Number 1156
dated March 20, 1990 heretofore submitted to the OWner
by the Contractor, a copy of said Proposal being a part
of these Contract Documents, ,the aggregate amount of
this Contract is the sUm of '
Twenty-Four Thousand Five Hundred Fifty-Five Dollars
($24,555.00)
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work within 10 calendar
days after date of Notice to Proceed.
B. The Contr~ctor shall prosecute the work with faithful-
ness and diligence and shall complete the work not
later than one hundred-twenty (120) calendar days after
date of'Notice to Proceed.
1
1.04
A.
B.
C.
CONTRACTOR'S ACCEPTANCE OF CONDITIONS
The Contractor hereby agrees that he has carefully
examined the sites and has made investigations to fully
satisfy himself that such sites are correct and suitable
ones for this work and he assumes full responsibility
therefore. The provisions of the Contract shall
control any inconsistent provisions contained in the
specifications. All Specifications have been read and
carefully considered by the Contractor, who understands
the same and agrees to their sufficiency for the work
to be done. Under no circumstances, condi tions , or
situations shall this Contract be more strongly
construed against the Owner than against the Contractor
and his Surety.
Any ambiguity or uncertainty 'in the Specifications
shall be interpreted and construed by the Owner, and
his decision shall be final and binding upon all
parties.
It is understood and agreed that the passing, approval,
and/or acceptance of any part of the work or material
by the Owner shall not operate as a waiver ,by the Owner
of strict compliance with the terms of this Contract,
and Specifications covering said work; and the Owner
may require the Contractor and/or his surety to repair,
replace, restore, and/or make to comply strictly and in
all things with the Contract and Specifications any and
all of said work and/or materials which within a period
of one year from and after the date of the passing,
approval, and/or acceptance of any such work or materi-
al, are found to be defective or to fail in any way to
comply with this Contract or with the Specifications.
This provision shall not apply to materials or
equipment normally expected to deteriorate or wear out
and become subject to normal repair and replacement
before their condition is 'discovered. Failure on the
part of the Contractor and/or his Surety, immediately
after Notice to ei ther , to repair or replace any such
defective materials and workmanship shall entitle the
Owner, if it sees fit, to replace or repair the same
and recover the reasonable cost of such replacement
and/or repair from the Contractor and/or his surety,
who shall in any event be jointly and severally liable
to the Owner for all damage, loss, and expense caused
to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and
in all things with this Contract and with the
Specifications.
2
1.05 LIQUIDATED DAMAGES
1.06
1.07
A.
A. It is mutually agreed time is of the essence of this
Contract and should the Contractor fail to complete the
emergency repairs within the specified time, or any
authorized extension thereof, there shall be deducted
from the compensation otherwise to be paid to the
Contractor, and the OWner will retain the amount of
Fifty Dollars ($50.00) per calendar day as fixed,
agreed, and liquidated damages for each calendar day
elapsing beyond the specified time for completion or
any authorized extension thereof, which sum shall
represent the actual damages which the OWner will have
sustained by failure of the Contractor to complete the
work within the specified time; it being further agreed
that said sum is not a penalty, but is the stipulated
amount of damages sustained by the OWner in the event
of such default by the Contractor.
B. For the purposes of this Article, the day of final
acceptance of the work shall be considered a day,
scheduled for production.
PARTIAL AND FINAL PAYMENTS
In accordance wi th the provisions fully set forth in
the General Condi tions, and subject to addi tions and
deductions as provided, the OWner shall pay the
Contractor as follows:
Lump sum for full contract price upon one hundred
percent (100%) completion and acceptance by the OWner.
All written warranties, manufacturer's data, and
operational manuals shall be furnished by the
Contractor to the owner prior to final acceptance and
payment.
CONTRACT DOCUMENTS
The Contract Documents attached hereto, are as fully a
part of this-Contract as if herein repeated.
3
IN WITNESS WHEREOF the parties hereto have executed
this Agreement on the day and date first above written
in four (4) counterparts, each of which shall, without
proof or accounting for the other counterparts, be
deemed an original Contract*
MONROE COUNTY ~
part~e First Part
By: ~. -rr- .
____ .". h. '..........
Attest: DANNX L. KOLHAGE, Clerk
L1 ))6- e · (Seal)
/8 /q,/o
Signed, Sealed and Witnessed in
the presence of:**
Party of the Second Part
By: kJ...LLL.. T ~-
PR~~
Title
Attest:
(Seal)
(*) In the event that the Contractor is a Corporation,
there shall be attached to each counterpart a certified
copy of a resolution of the Board of Directors of the
Corporation, authorizing the officer who signs the
Contract to do so in its behalf.
(**) Two witnesses are required when Contractor is sole
ownership or partnership.
APMOVED AS TO FORNI
AND LEGAL SUFFICIENCY.
8Y~e~
4
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PROPOSAL
'.,e No.
1
of
1
.-.oes
M.W.C. INC.
d/b/a CATES ELECTRIC
NAME:
294 8417
I ' DATE:
March 16, 1990
PROPOSAL SUBMITTED TO:
PHONE~
Monroe County
JOB NAME:
STREET:
Pub1ic Works ~ergency Generator
5900 Junior Co11ege Road
STREET:
Fle.ing Street
CITY:
J STATE:
F10rida
CITY :
STATE:
Ke~ West
F10rida
Key West
w. hereby submit specific.fions and .stimet.s for:
Furnishing a 60 KW e.ergency generator set including
a 50 gal. Fuel tank auto. throw over switch (transfer of poyer)
fro. city to gen. ). A foundation for equipment approx 4 feet
above ground 1evel.
The above equipaent w1;1l be furnished for the price of
$ 24SS5.00
w. h....by propos. to furnish labor and materials - complete in accordance with the above specifications, for the sum of:
__dollars (S 24SSJf.OO
) with payment to be mad. as follows:
All mat.ial is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation
'rom abov. specifications involving .xtra costs, will be .xecuted only upon written ord...s, and will become an extra charge over and above the estimate. All
'3~
agreements contingent upon strikes, accidents or delays beyond our control. This proposal subiect to acceptance\within
'h.,eafter at the option of the und...signed.
days and is void
~l 6d' ~
Authorized Silllllllur. __ _ _ .( ~ A~~~ - - - a.. ~
,,-
ACCEPTANCE OF PROPOSAL
The above prices, specific.tions and conditions are hereby accepted. You are autl=.orized to do the work as specified. Payment will b. mad.
as outlined above.
ACCEPTED:
Signature
Date
Signature
~
SWORN STATEMENT UNDER SECTION 287.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn statement is submitted with Bid, Proposal or
Cont~ct No. . ,
for If; ~er~ elU c r Cfe A)ey~'OY: t;/L f:1u, / I2/Jv~,.
This sworn statement is submitted by ~~s glee "'At/e /NC
(name of entity submitting sworn statement), J L
whos. business ad ress i / (J off!) V~ IlJ Pf\.. t. g L-t. T 5 r
d..
and (if pplica e its ederal Employer Identification
Number (FEIN) is 5"9-/?IJ 7 3 't~ . (If the
entity has no FEIN, include the Social Security Number
of the indiv.idual signing this sworn statement:
2.
3.
My name is /
(please prin name
entity named above is ff:../:$.
I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a
violation of any state or federal law by a person with
respect to and. directly related to the transaction of
business wi th any public enti ty or wi th an agency or
political subdivision of any other state or with the
United States, including, but not limited to, any bid
or contract for goods or services to be provided to any
public entity or an agency or political subdivision of
any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
,
4.
5.
I understand that "convicted" or "conviction" as
defined in Paragraph 287.133(1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public
entity crime, with or without an adjudication of guilt,
in any federal or state trial court of record relating
to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury
trial, or entry of a plea of guilty or nolo contendere.
6.
I understand that an "affiliate" as defined in
Paragraph 287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of
a pub~ic entity crime: or
2. An entity under the control of any natural person
who is active in the management of the entity and who
has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members,
and agents who are active in the management of an
affiliate. The ownership by one person of shares
consti tuting a controlling interest in another person,
or a pooling of equipment or income among persons when
not foro fair market value under an arm's length
agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters
into a joint venture with a person who has been
convicted of a public enti ty crime in Florida during
the preceding 36 months shall be considered an
affiliate.
7.
I understand that a "pe~son" as defined in Paragraph
287.133(1) (e), Florida Statutes means natural person
or entity organized under the laws of any state or of
the United States with the legal power to enter into a
binding contract and which bids or applies to bid on
contracts for the provision of goods or servi~es let by
a public entity, or which otherwise transacts or
applies to transact business with a public entity. The
term "Person" includes those officers, directors,
executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
8.
/
Based on information and belief, the statement which I
have marked below is true in relation to the enti ty
submitting this sworn statement. (please indicate
which statement applies.)
Neither the entity submitting this sworn statement, nor
any officers, directors, executives, partners, shareholdersi
employees, members, or agents who are active in management of the
entity, nor any affiliate of the entity have been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or
more of the officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in
management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to
July 1, 1989, AND (Please indicate which additional statement
applies. )
There has been a proceeding concerning the
conviction before a hearing officer of the State of
Florida, Division of Administrative Hearings. The
final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor
list. (Please attach a copy of ~he final order.)
The person or
convicted vendor list.
affiliate was placed on the
There has been a subseque:pt
, .
.ot
proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined
that it was in the public interest to remove the person
or affiliate from the convicted vendor list. (Please
attach a copy of the final order)
The person or affiliate has n~t been placed on
the convicted vendor list. (Please describe any action
taken by or pending with the Department of General
Services. )
tJ~-l..~ - ~~ -
(signature)
70
2-1~
Date:
STATE OF ~IDV-I'dtA-
COUNTY OF M17YL VO ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~j~ r:. ~S who, after first being sworn by me,
(name of individual signing)
affixed his/her signature in the space provided above on this
~ day of -1W'.v.rt'~
, 19~.
. ~~
~OTARY PUBLIC
My commission expires:
Notary PublIc
Stale ., Florida at IMge
My Commlsalon ExpIreI:
AprIl 10. 1993