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09/30/1989 Contract 119annp 1.. l\olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. 1305) 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. 13051 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. 1306) 852.9253 MEMORANDUM ----- --- To: Charles Aguero, MSD Director ATTENTION: JIM BAKER From: Rosalie L. Connolly, Deputy Clerk Date: October 12, 1989 subject: Resolution No. 554-1989 As you are aware, on September 30, 1989, the Board of County Commissioners adopted Resolution No. 554-1989 authorizing execution of a Contract with Advanced Fabrication Industries, Inc. concerning the Monroe County Landfill Incinerator Access Ladders and Platforms. Attached hereto are two certified copies of the subject Resolution and two duplicate originals of the subject Contract, all of which are now fully executed and sealed. One set of these documents shouldbe sent to your contractor and the other set retained for your own records. Rosalie L. onnolly Deputy Clerk Attachments cc: Mayor M. Puto Commissioner E. Lytton County Attorney R. Ludacer County Administrator T. Brown Finance Di,rector T. Medina File fWAP,W6txxxjVapr CONTRACT QUOTATION No. 314C ADVANCED DATE September 5, 1989 FABRICATION INDUSTRIES, INc. 7431 N.W. 54th Street Miami, Florida 33166 (305) 592-4101 TO: Monroe Count Municipal Service District Key West, FL TOTAL PRICE $42 , 900.00 PROJECT: Monroe County Landfill Incinerator Access Ladders and Platforms SITE: Cudjoe Key, Long Key and Key Largo This Proposal and / or Contract Includes the Following: Materials, fabrication and installation of the following items per plans sheet 1 dated July 1989 and specs. All steel shall receive one shop coat red oxide primer (rustoleum). Field touch up as required. 1) Eight ladders approx. 18" wide x 23'-0" high with 22" x 3/8" stringers and 7/8" 0 serrated bars for rungs at 12" o/c. 2) Eight cages 3'-0" wide with horizontal and vertical flat bar straps including flare end at bottom. 3) Eight platforms with 12" o pipe railings and bar grating McNichols 3/4" i; 3/16" bearing bars in lieu of 3/4" x 1/8" as specified.* please note this bar grating will take 4-5 weeks for shipment. Terms: 30 days net APP#Wf 5 T FORM AND LE A S' F fGIENGY. i By A��rnr=;�'s �fiirm GENERAL TERMS AND CONDITIONS OF SALE 1. All proposals are based on the Buyer's representation that beams, walls and other construction N.IC. are true and level, and of the dimensions shown on drawings submitted to the Seller. The Seller assumes no responsibility whatsoever for such construction being in accordance with building codes, or adequate to safely support the dead and live loads superimposed on it. 2. If shop drawings are submitted to the Buyer, after approval is granted, dimensions and details shown on said approved drawings are final. Once work begins, the Buyer assumes responsibility for all materials fabricated to approved drawings. 3. All materials will be fabricated to the given tolerances. Any tariff rate increases authorized by an appropriate governmental body before contract completion will be added to the cost included herein and paid for by the Buyer. 4. Advanced Fabrication Industries, Inc. will not be responsible for defects in materials after such materials have been handled by others if such defects could occur as a result of such handling. The Buyer's exceptions and claims shall be deemed waived unless made in writing within three (3) days from the time of delivery. Advanced Fabrication Industries, Inc. will be given full opportunity to investigate said claims and make corrections with its own workmen. 5. Advanced Fabrication Industries, Inc. assumes no liability for delays or cancellations from any act, neglect or default of the Buyer or his duly authorized agents, or because of any delay or cancellations due to unforeseeable causes beyond the control and without the fault and neglect of Advanced Fabrication Industries, Inc., including but not restricted to Acts of God, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, labor disputes, material shortages, and other such causes. In the event of delay by any of the aforesaid causes except fault or neglect of the Buyer, the Buyer shall be entitled to terminate the constrct upon payment in full for any and all materials and work complete pursuant to the terms of this contract. 6. When materials are to be delivered or erected, the Buyer agrees to assume all responsibility for resultant property damage and agrees to provide suitable roadways or approaches permitting access and support for trucks, cranes, and the like to point of delivery or erection, under their own power. The Buyer agrees to remove power lines or other obstacles where necessary to facilitate delivery or erection. The Seller reserves the right to stop deliveries or erection in the event such conditions are not provided, and the Buyer will be responsible for costs of such delay. 7. Trucks held at the job site for more than one (1) hour will be billed to the Buyer at the rate of $20.00 per hour for all excess time. If there are repeated delays, Advanced Fabrication Industries, Inc. reserves the right to suspend deliveries and work until conditions are corrected. Any and all changes must be given in writing. B. (a) The Buyer will pay for all work performed and/or material delivered and/or installed. Advanced Fabrication Industries, Inc. will not be responsible for items found in hidden conditions. The failure of the Buyer to make each and every payment will be deemed a default hereunder and the Seller may suspend work or pursue any other rights and remedies the Seller may have under this contract and the laws of Florida. (b) Unless specifically spelled out on the face of the contract, there shall be no retainage withheld from any funds due hereunder. No liquidated damages agreement will be accepted as part of this contract. ('t) Afh� ��s which are not poid in accordance with paragraph 8 a above, shall be subject to interest and service changes at the maximum rate allowed by law and Buyer shall pay all costs of collection including reasonable attorney's fees of at least 10% of the balance outstanding, court costs and other necessary expenses. All service charges so levied shall be computed on the balance outstanding from time to time, commencing with the date of invoice and continuing to the effective date of the billing of said service charge, less iiredits, at the some rate, for any interim payments received. (d) All payments due hereunder shall be made at the offices of: Advanced Fabrication Industries, Inc. RESOLUTION NO. 554-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/ CHAIRMAN OF THE BOARD TO EXECUTE A CONTRACT BY AND BETWEEN ADVANCED FABRICATION INDUSTRIES, INC. AND MONROE COUNTY CONCERNING MONROE COUNTY LANDFILL INCINERATOR ACCESS LADDERS AND PLATFORMS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a contract by and between Advanced Fabrication Industries, Inc., and Monroe County concerning Monroe County Landfill Incinerator Access Ladders and Platforms, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners,of Monroe County, Florida, at a regular meeting of said Board held on the day of ��` A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, Clerk