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Resolution 554-1989 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 ~-tIJ day of \. ~..b--b&r , A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA )~~4tP~ By Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~ '(!d-1.t)~ r n I' (- J C_ (j 1,.. c u 5Bd ~ 10M. U AND . \ BY . Attomf'Y'. 0ffI1;fJ i I .: U~'." ~. ... '".J Ii..:; ADVANCED FABRICATION INDUSTRIES, INC. ~XXldtx>r CONTRACT ITlON No. 314C DATE September 5 , 1989 7431 N,W. 54th Street Miami, Florida 33166 (305) 592.4101 TO: Monroe County 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 2~" x 3/8" stringers and 7/8" ~ 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 1~" 0 pipe railings and bar grating McNichols 3/4" x 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 BY This proposal is not 0 contract but becomes effective as 0 controd if and when, after the acceptance has been e"ecuted by the Buyer, the some is also occep'ed for Advanced Fabrication Industries, Inc. by one of its duly authorized officials, Acceptonce os a controd will constitute an irrevocable order once signed. A deposit of one third on signing, one third on work commencement and one third on completion of work. There are no promises, agreements. auignments, 0, understandings between the parties which are not expreued in this contract, Acceptance is subject to the GENERAL TERMS AND CONDITIONS OF SALE ON THE REVERSE SIDE, ACCEPTED: Buyer: By: Date: (SEAL) Attest: By: ADVANCED FABRICATION INDUSTRIES. INC. JQb No Dep.Clerk { t • GENERAL TERMS AND CONDITIONS OF SALE l. 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 Seiler. 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. :i shop drawings arc 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 oil 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. Acdvancocd Fabrication Industries,Inc.swill not be responsible for defects in materials after such materials have been bandied by others if such defects could occur as o result of such handling.The Buyer's exceptions and claims shall be clammed waived unless made in writing within three (3)clays from the time of delivery. Advanced Fabrication Industries, Inc. will be given full opportunity to investigate said claims and make canr:ctions 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 outhoricerl agents, or because of any delay or cancellations due to enferesceable 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,rnaterial 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 consirct upon payment in full for any and all materials and work complete pursuant to the terms of this contract. • 6. When materials arc 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 tire 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 casts 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 S20.00 per hour for all excess time.If there arc 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. 3. (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 tna.ke 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 cny funds due hereunder. No liquidated damages agreement will be accepted as part of this contract. (c)All invoices which are not paid in accordance with paragraph 8(cr)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 recrsonable 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 biking of said service charge, less credits,at the same rate,for any interim payments received. (d)All pcymc:n:3 due hereunder shall be made at the offices of: • Advanced Fabrication Industries,Inc. 7431 N.W.54th Street Miami,Florida 33166