1498* Stage Door II WO & POs 32999 & 330000
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PURCHASING DEPARTMENT
T RANSMITTAL MEMORANDUM
Tuesday, August 21, 2012
TO: City Clerk and Deputy City Manager
RE Stage Door II Work Orders and PO 32999, 33000 IFB 10/11 -22 brick pavers
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest /Signature
Once completed, please:
❑ Return originals to Purchasing
❑ Return copies
Special Instructions:
For safe keeping (original w rders)
Marisol Ordonez
From
1 -4 qq�
14
D to
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TADept_ forms \City Clerk Transmittal Memo - 2009.doc
DATE: 08/15/12 PURCHASE ORDER PO NUMBER 032999
PURCHASING OFFICE: 407.688.5030
ACCOUNTS PAYABLE: 407.688.5020
FACSIMILE: 407.688.5021
CITY OF SANFORD
P.O. BOX 1788
(300 NORTH PARK AVENUE)
SANFORD, FLORIDA 32772
FLORIDA TAX EXEMPT NO.: 858012621681 C -8
SUBMIT INVOICES TO: ACCOUNTS PAYABLE
FINANCE DEPT.
P.O. BOX 1788
SANFORD, FL 32772
VENDOR NO.: 11710
TO:
STAGE DOOR II INC
3208 OVERLAND RD
APOPKA, FL 32703
SHIP TO:
CITY OF SANFORD
800 FULTON STREET
SANFORD, FL 32771
DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO.
UNLESS OTHERWISE INDICATED
09/30/12 NET /30 63328
ACCOUNT NO.: 136-4047-541.63-87 PROJECT No.: RS 0 710
NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD
UNIT OF
ITEM NO. DESCRIPTION QUANTITY ISSUE UNIT COST EXTENDED COST
1 BRICK INSTALLAION 17/92 36896.00 NA 1.00 36896.00
BEAUTIFICATION PROJECT
IFB 10/11 -22,
SUB TOTAL 36896.00
TOTAL 36896.00
F3FILE COP
APPROVED BY: APPROVED BY:
PURCHASING AGENT CITY AGER
ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY
READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER
AND AT HTTP: I/ WWW. SANFORDFL. GOVI DEPARTMENTSIPURCHASE/TERMS.HTML
COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING
EXHIBIT A
WORK ORDER FORM
Work Order Number SDII -BI
CITY OF SANFORD FLORIDA
Master Agreement/Contract Number: 00520
Dated: 6/27/12
Contract/Project Title Brick Installation - 17/92 Beautification Project
Solicitation No: IFB 10/11 -22 ISanford Project No. RS0710 jPurchase Order No.
Consultant/Contractor: Stage Door II
Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address
3208 Overload Road, Apopka, Fl 32703
Ph: 407.578.2918 Fax 407.578.2921
ATTACHMENTS TO THIS WORK ORDER
METHOD OF COMPENSATION
DRAWINGS /PLANS /SPECIFICATIONS
X
FIXED FEE BASIS
SCOPE OF SERVICES
TIME BASIS -NOT TO EXCEED AMOUNT
SPECIAL CONDITIONS
TIME BASIS - LIMITATION OF FUNDS
PRICING [INFORMATION
UNIT PRICE BASIS -NOT TO EXCEED AMOUNT
X
WO TERMS AND CONDITIONS
TIME FOR COMPLETION: 95 Days of the effective date of this Work Order
Effective date- this Work Order: Date of Execution by City
Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution
of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet
the stated completion requirement may be grounds for termination for default.
Work Order Amount: Dollars Expressed in Numbers: $ 36,896.00
Dollar Amount Written Out:Thirty -six Thousand Eight Hundred Ninety -six Dollars - - -- ------- -00 /xx
In Witness Where of, the parties hereto have made and executed this Work Order on the
respective dates under each signature: The City through its City Commission taking action N/A
and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete
authority to execute same.
CONSULTANT /CONTRACTOR
ATT EXECUTION:
J
Signature, Corporate Officer Signatur , Corporate President
I fAVr5 qg- - 4 1 /a R z�v Z I -
Corporate Officer Printed Name, Title and Date Corporate President, Printe d Name bnd I to
CITY OF SANFORD
, \ , — k Signature, PurchasingkManager
Purchasing Manager, Printed Name and Date
Signature, ity erk Sig re, City 9 anager
J 0gew - 0 " h" -�
City Clerk,Printd4 Name and Date City Manag Printed Name and Date
Revised: 1- 6-2011
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CITY COMMISSION MEMORANDUM 12-118.
AUGUST 1 3, 2012 AGENDA
Ws xM x
r
Item No.
oc
Q
TO: Honorable Mayor and Members of the City Commission
PREPARED BY Robert Beall, Project Manager, Public Works De artment
SUBMITTED BY Norton N. Bonaparte, Jr., City Manager y ,. r Q
S Approve Procurement for US 17 -92 Median Improvement and Various Citywide Brick Repair
Projects
SYNOPSIS:
Approval of procurement to Stage Door H for US 17 -92 median improvement and various citywide brick repair projects is
requested.
F'ISCALISTAFFING STATEMENT:
Funds in the amount of $81,896.00 are requested and are available from the 2012 Second Generation Sales Tax Account.
13ACKGROUND:
In June 2011 staff completed an enhancement project on US 17 -92 in the traffic medians between Park Drive and Airport
Boulevard. The project included new lighting, landscaping and brick pavers. hi order to further the esthetic improvements,
Public Works initiated a meeting with the Florida Department of Transportation (FDOT) to discuss installation of brick
pavers in the traffic median under the US 417 overpass on US 17 -92. Currently the median consists of deteriorating
asphalt; removing the asphalt and replacing it with brick will greatly enhance this area and will conform to the existing
streetscape.
There are also several streets in the historic downtown district in need of brick repair due to settling, tree roots etc. Stage
Door H is currently under contract with the City to perform brick rehabilitation and installation and would perform these
actions under written work orders.
The procurement documents will need to be executed in order to implement the subject projects.
L 54GAL REVIEW,
The Assistant City Attorney has reviewed and approved the existing Maintenance of Agreement (MOA) and has no
objection to the procurement being accomplished in accordance with City policies and procedures.
RECOMMENDATION:
It is staff's recommendation the City Commission approve the procurement of services from Stage Door II in an amount
not to exceed $81,896.00 for the US 17 -92 median improvement and various citywide brick repair projects.
S UGGESTED MOTION:
"I move to approve the procurement of services from Stage Door II in an amount not to exceed $81,896.00 together with
all required implementing actions."
Work Order (page 2) WORK ORDER
TERMS AND CONDITIONS
Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori-
zation for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the
Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited
on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety
and as further delineated in the specifications, conditions and requirements stated in the listed documents which are
attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services
pursuant to this Work Order, its attachments and the above - referenced Agreement and its exhibits. If this Work Order
conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided, however, that the
CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY
TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery,
inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein
provided however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the
CITY
METHOD OF COMPENSATION:
(i) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the
CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee
Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the
CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs
of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee
Amount.
(ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method"
with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required
by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event
is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed
Amount without the express written consent of the CITY. Such consent will normally be in the form of an
amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based
on the actual work required by this Work Order and the Labor Hour Rates established in the Master
Agreement.
(iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis
Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount
becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the
CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The
CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR
has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of
Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work
required by this Work Order and the Labor Hour Rates established in the Master Agreement.
(iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price
Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the
amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish
amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project
Manager. Prior written approval by the City is required to adjust the not to exceed amount.
The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms
of the above - referenced Agreement.
It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the
CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY,
prior to its execution of the Work Order, reserves the right to authorize a party other than the
CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do
so is in the best interest of the CITY.
The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work
Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order
along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action.
It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order.
WORK ORDER TERMS AND CONDITIONS
1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and
Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the
"City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents,
volunteers, etc.
2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be
varied only by written amendment signed by the parties. All modifications in performance, including but
not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by
the parties. Time is of the essence of the lawful performance of the duties and obligations contained in
the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously
pursue Vendor /Contractor's obligations.
3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for
default by written notice to the Vendor /Contractor. The City shall have no liability to the
Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and
delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of
termination.
4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this
WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is
acknowledged by an authorized City representative"
5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or
quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the
Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be
allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted.
6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused
condition and free from defects in title, workmanship, defects in design and in full compliance with the
specifications defined by the City in the order. The goods or services furnished under this WO are
covered by commercial warranties for such goods or services and that the rights and remedies
provided therein are in addition to and do not limit those available to the City. A copy of these
warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery.
7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods
and /or services with the requirements of this Work order and to reject any delivery not in compliance If
any deficiency is not visible at the time of delivery the City reserves the right to take and /or require
appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect
8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City,
be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in
good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and
all liability of whatsoever type or nature for loss or damage to such property.
9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws,
ordinances, regulations, authority and codes and authority having jurisdiction over the purchase.
10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend
the City, its agents, servants, officers, officials and employees, or any of them, from and against any
and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other
legal costs such as those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or provision of
services required under this Agreement, provided that same is caused in whole or in part by the error,
omission, act, failure to act, breach of contract obligation, malfeasance of officers, officials, employees,
agents or subcontractors of Vendor /Contractor. Additionally, the Vendor /Contractor accepts responsibility
for all damages resulting in any way related to the procurement and delivery of goods or services
contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the City as set forth in Section 768.28, Florida Statutes.
11. The Vendor /Contractor shall not assign this WO, any rights under this WO or any monies due or to
become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior
written consent of the City.
WORK'ORDER TERMS AND CONDITIONS -Page 2
12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the
City except as may be required to perform this WO.
13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance
with the City's shipping and packaging specification and good commercial practice. Each package shall
be labeled indicating the addressee of each package or shipment and the applicable WO number. All
shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations
published in 49CFR 1399, OSHA regulations 29 CFR 4999.
14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and
under no circumstances shall it be considered as agent or employee of the City.
15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and
City policies and procedures.
16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper
invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing
address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment
terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City
has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO.
Payment will be made only to the Vendor /Contractor identified on the WO and for received and
accepted goods /services. The City shall have right at any time to set -off any amounts due to the
Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the
case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best
interests of the City.
17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance
No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash
discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever
is later.
18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where
the City conducts operations, the Vendor /Contractor shall request information from the Purchasing
Manager regarding insurance coverage requirements. In circumstances where insurance is required,
Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to
cancel this Work Order, immediately suspend performance by the Vendor /Contractor at
Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is
verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to
disbarment from the City's Vendor /Contractor List.
19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the
City hereunder shall not constitute or be construed as a waiver of any such provision or right and the
same shall continue in force.
20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable
precautions, protective measures and provide any additional relevant information, including MSDS,
related to the Material being purchased herein.
21. The City shall have the right at no additional charge to use all or portions of material found in the
Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to
advise the City of any updated information relative to the foregoing literature and documentation with
timely written notice.
22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid
or transact business with the City in excess of Category Two for a period of thirty -six (36) months from
the date of being removed from the City's Vendor /Contractor List.
23. In compliance with 8 U.S.C. Section1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally
cancel this WO with any contractor who knowingly employs unauthorized alien workers.
WORK'ORDER TERMS AND CONDITIONS -Page 3
24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In
any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of
the Eighteenth Judicial Circuit in and for Seminole County, Florida
DATE: 08/15/12
PURCHASING OFFICE: 407.688.5030
ACCOUNTS PAYABLE: 407.688.5020
FACSIMILE: 407.688.5021
VENDOR NO.: 11710
TO:
STAGE DOOR II INC
3208 OVERLAND RD
APOPKA, FL 32703
PURCHASE ORDER
CITY OF SANFORD
P.O. BOX 1788
(300 NORTH PARK AVENUE)
SANFORD, FLORIDA 32772
FLORIDA TAX EXEMPT NO.: 85801 2621681 C -8
PO NUMBER 033000
SUBMIT INVOICES TO: ACCOUNTS PAYABLE
FINANCE DEPT.
P.O. BOX 1788
SANFORD, FL 32772
SHIP TO:
CITY OF SANFORD
800 FULTON STREET
SANFORD, FL 32771
r
DELIVER BY
TERMS
F.O.B. DESTINA!�
BID OR QUOTATION NO.
REQUISITION NO.
UNLESS OTHERWISE
09/30/12
NET /30
63329
ACCOUNT N O.: 136-4047-541.46-08 PROJECT NO RS 0 7 10
NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD
UNIT OF
ITEM NO.
DESCRIPTION
QUANTITY
ISSUE
UNIT COST
EXTENDED COST
1
BRICK REPAIRS (3) LOCATIONS
45000.00
NA
1.00
45000.00
3RD STREET & MAGNOLIA AVENUE
OAK AVENUE FROM 2ND STREET TO 3RD
STREET
9TH STREET FROM ELM AVENUE TO
MYRTLE AVENUE
IFB 10/11 -22
SUB
TOTAL
45000.00
TOT
%L
45000.00
APPROVED BY: APPROVED BY:
PURCHASING AGENT TY M AGER
ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY
READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER
AND AT HTTP: / /WWW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML
COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING
EXHIBIT A
WORK ORDER FORM
Work Order Number BR -SDII
CITY OF SANFORD FLORIDA
Master Agreement/Contract Number: IFB 10/11 -22
Dated: 07/03/2012
Contract/Project Title Brick Repairs - 3rd St/Magnolia, Oak Ave - 2nd to 3rd St, 9th St - Elm to Myrtle Ave
Solicitation No: ISanford Project No.RS0710 jPurchase Order No.
Consultant/Contractor: Stage Door 11
Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address
3208 Overland Road, Apopka, FI 32703
Office: 407.578.2918 Fax: 407.578.2921
ATTACHMENTS TO THIS WORK ORDER
METHOD OF COMPENSATION
DRAWINGS /PLANS /SPECIFICATIONS
X
FIXED FEE BASIS
SCOPE OF SERVICES
TIME BASIS -NOT TO EXCEED AMOUNT
SPECIAL CONDITIONS
TIME BASIS - LIMITATION OF FUNDS
PRICING IINFORMATION
UNIT PRICE BASIS -NOT TO EXCEED AMOUNT
X
WO TERMS AND CONDITIONS
TIME FOR COMPLETION: 95 Days of the effective date of this Work Order
Effective date- this Work Order: Date of Execution by City
Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution
of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet
the stated completion requirement may be grounds for termination for default.
Work Order Amount: Dollars Expressed in Numbers: $ 45,000
Dollar Amount Written Out: Forty -five Thousand Dollars- -- - --- - -- - ------ —00 /xx
In Witness Where of, the parties hereto have made and executed this Work Order on the
respective dates under each signature: The City through its City Commission taking action N/A
and the ConsultanUContractor by and through its duly authorized corporate officer having the full and complete
authority to execute same.
CONSULTANT /CONTRACTOR
ATTEST: EXECUTION:
R V
Signature, Corporate Officer Signature, Corporate President
,� b r 3t~r 7 3 �/z
Corporate Officer Printed N me, T le and D to Corporate President, Printed Name and Date
CITY OF SANFORD
Signature, Purchasing an r
Purchasing Manager, Printed Name and Date
Signature, Ci lerk Sign ure, ' anager
City Clerk, Printedyame and to City Manager, Printed Name and Date
Revised: 1-6 -2011
Work Order (page 2) WORK ORDER
TERMS AND CONDITIONS
Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori-
zation for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the
Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited
on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety
and as further delineated in the specifications, conditions and requirements stated in the listed documents which are fp
attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services
pursuant to this Work Order, its attachments and the above - referenced Agreement and its exhibits. If this Work Order
conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided, however, that the
CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY
TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery,
inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein
provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the
CITY
METHOD OF COMPENSATION:
(i) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the
CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee
Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the
CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs
of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee
Amount.
(ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method"
with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required
by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event
is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed
Amount without the express written consent of the CITY. Such consent will normally be in the form of an
amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based
on the actual work required by this Work Order and the Labor Hour Rates established in the Master
Agreement.
(iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis
Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount
becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the
CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The
CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR
has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of
Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work
required by this Work Order and the Labor Hour Rates established in the Master Agreement.
(iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price
Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the
amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish
amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project
Manager. Prior written approval by the City is required to adjust the not to exceed amount.
The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms
of the above - referenced Agreement.
It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the
CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY,
prior to its execution of the Work Order, reserves the right to authorize a party other than the
CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do
so is in the best interest of the CITY.
The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work
Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order
along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action.
It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order.
WORK ORDER TERMS AND CONDITIONS
1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and
Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the
"City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents,
volunteers, etc.
2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be
varied only by written amendment signed by the parties. All modifications in performance, including but
not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by
the parties. Time is of the essence of the lawful performance of the duties and obligations contained in
the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously
pursue Vendor /Contractor's obligations.
3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for
default by written notice to the Vendor /Contractor. The City shall have no liability to the
Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and
delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of
termination.
4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this
WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is
acknowledged by an authorized City representative"
5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or
quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the
Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be
allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted.
6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused
condition and free from defects in title, workmanship, defects in design and in full compliance with the
specifications defined by the City in the order. The goods or services furnished under this WO are
covered by commercial warranties for such goods or services and that the rights and remedies
provided therein are in addition to and do not limit those available to the City. A copy of these
warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery.
7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods
and /or services with the requirements of this Work order and to reject any delivery not in compliance If
any deficiency is not visible at the time of delivery the City reserves the right to take and /or require
appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect
8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City,
be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in
good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and
all liability of whatsoever type or nature for loss or damage to such property.
9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws,
ordinances, regulations, authority and codes and authority having jurisdiction over the purchase.
10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend
the City, its agents, servants, officers, officials and employees, or any of them, from and against any
and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other
legal costs such as those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or provision of
services required under this Agreement, provided that same is caused in whole or in part by the error,
omission, act, failure to act, breach of contract obligation, malfeasance of officers, officials, employees,
agents or subcontractors of Vendor /Contractor. Additionally, the Vendor /Contractor accepts responsibility
for all damages resulting in any way related to the procurement and delivery of goods or services
contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the City as set forth in Section 768.28, Florida Statutes.
11. The Vendor /Contractor shall not assign this W0, any rights under this WO or any monies due or to
become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior
written consent of the City.
WORK ORDER TERMS AND CONDITIONS -Page 2
12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the
City except as may be required to perform this WO.
13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance
with the City's shipping and packaging specification and good commercial practice. Each package shall
be labeled indicating the addressee of each package or shipment and the applicable WO number. All
shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations
published in 49CFR 1399, OSHA regulations 29 CFR 4999.
14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and
under no circumstances shall it be considered as agent or employee of the City.
15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and
City policies and procedures.
16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper
invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing
address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment
terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City
has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO.
Payment will be made only to the Vendor /Contractor identified on the WO and for received and
accepted goods /services. The City shall have right at any time to set -off any amounts due to the
Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the
case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best
interests of the City.
17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance
No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash
discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever
is later.
18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where
the City conducts operations, the Vendor /Contractor shall request information from the Purchasing
Manager regarding insurance coverage requirements. In circumstances where insurance is required,
Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to
cancel this Work Order, immediately suspend performance by the Vendor /Contractor at
Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is
verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to
disbarment from the City's Vendor /Contractor List.
19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the
City hereunder shall not constitute or be construed as a waiver of any such provision or right and the
same shall continue in force.
20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable
precautions, protective measures and provide any additional relevant information, including MSDS,
related to the Material being purchased herein.
21. The City shall have the right at no additional charge to use all or portions of material found in the
Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to
advise the City of any updated information relative to the foregoing literature and documentation with
timely written notice.
22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid
or transact business with the City in excess of Category Two for a period of thirty -six (36) months from
the date of being removed from the City's Vendor /Contractor List.
23. In compliance with 8 U.S.C. Section1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally
cancel this WO with any contractor who knowingly employs unauthorized alien workers.
WORK ORDER TERMS AND CONDITIONS -Page 3
24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In
any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of
the Eighteenth Judicial Circuit in and for Seminole County, Florida