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1566* AC Schultes Change Order #1 1 66 4.L S$RT1FQW) �1 RIO Thursday, August 15, 2013 —1877-4 St� �j aM PURCHASING DEPARTMENT ■ TRANSMITTAL MEMORANDUM To: City Clerk RE: AC Schultes of FL PO 33383.1 with Change Order No. 1 IFB 12/13-09 Recase Oregon Well No. 1 (Derby park) 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) ❑ ' - I Letter of Credit Rendering t h )1/40 ❑ Maintenance Bond XQ Safe keeping (Vault) Ordinance -. .nager ❑ Performance Bond Payment Bond Resolution City Manager Signature City Clerk Attest/Signature Once completed,please: ❑ Return originals to Purchasing Return copies Special Instructions: M a-riho{' O rot- e,z From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc DATE: 05/01/13 PURCHASE ORDER PO NUMBER 033383 CITY OF SANFORD CHANGE # : 1 P.O. BOX 1788 DATE CHG: 08/13/13 PURCHASING OFFICE:407.688.5030 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO:ACCOUNTS PAYABLE ACCOUNTS PAYABLE:407.688.5020 SANFORD, FLORIDA 32772 FINANCE DEPT. FACSIMILE:407.688.5021 FLORIDA TAX EXEMPT NO.:858012621681C-8 P.O. BOX 1788 SANFORD, FL 32772 VENDOR NO.: 11897 TO: SHIP TO: AC SCHULTES OF FLORIDA, INC CITY OF SANFORD 11865 US HWY 41 SOUTH 300 N. PARK AVENUE GIBSONTON, FL 33534 SANFORD, FL 32771 DELIVER BY TERMS F.O.B.DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/13 NET 63700 ACCOUNT NO.: 452-4520-536 . 64-00 PROJECT NO.: 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 *********************************** * i * CHANGE ORDER i * i **********************************4 1 IFB 12/13-09 RECASE OREGON WELL 85100 . 00 NA 1 . 00 85100 . 00 NO. 1 (DERBY PARK) 2 ACIDIZE WELL & CONDUCT ANOTHER 29350 . 00 NA 1 . 00 29350 . 00 PUMP TEST SUB-TOTAL 114450 . 00 TOTAL 114450 . 00 i / X APPROVED B 4- - + APPROVED BY: AILLA / •URCHASIN o- - '° T CITY MAN, R J 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 ITORD• . ,?— PURCHASE ORDER TERMS AND CONDITIONS 1. By accepting this Purchase Order(PO)the Vendor 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 PO.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 Purchase Order.The Vendor agrees that Vendor shall diligently and expeditiously pursue Vendor's obligations. 3. Cancellation rights reserved by the City.The City may cancel this PO in whole or in part at any time for default by written notice to the Vendor.The City shall have no liability to the Vendor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor'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 PO.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 PO 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 with proof of tax exemption upon request.Extra charges for any purpose will not be allowed unless explicitly indicated on the PO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor warrants that any material or equipment supplied hereunder is new,un used 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 PO 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 manufacturers'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 purchase 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 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 assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor 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 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,officers,officials, employees,or agents.Additionally,the Vendor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this purchase 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 shall not assign this PO, any rights under this PO 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. 12. The Vendor shall not disclose the existence of this PO without prior written consent of the City except as may be required to perform this PO. 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 PO 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 shall perform the obligations of this PO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery,the Vendor shall provide to the"bill to address"an original,"proper invoice"(single copy)which includes: a)Vendor'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 PO and adjust payment accordingly to comply with the PO. Payment will be made only to the Vendor identified on the PO and for received and accepted goods/services.The City shall have right at any time to set-off any amounts due to the Vendor against any amounts owed to the City by the Vendor and shall in the case of Vendor 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 PO.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 PO involves the Vendor's performance on the City's premises or at any place where the City conducts operations,the Vendor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor shall provide proofs of insurance required by the City,or City reserves the right to cancel this Purchase Order,immediately suspend performance by the Vendor at Vendor's expense and prohibit access to City premises until such proofs of insurance is verified. Noncompliance with this item shall place the Vendor in default and subject to disbarment from the City's Vendor List. 19. The failure of the city to enforce any provision of this PO,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 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's applicable literature relevant to the purchase.The Vendor 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 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 List. 23. In compliance with 8 U.S.C. Section 1324a(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 PO with any contractor who knowingly employs unauthorized alien workers. 24. This PO 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 Purchasing Dept., Tel 407.688.5028 or 407.688.5030 Fax: 407.688.5021 Finance Dept 407.688.5020 STNTO1M) n-1877--t WORK ORDER CHANGE FORM _ ---- _ Work Order No. I Pô 3 330 Project Title iZeco.sv, C�t� aa� WeA\ N4 . 1 Project Number Bid No. -EF 6 1.4 -°O"t Owner: City of Sanford, Florida Contractor: A. C. Sc-vv\4e4 ac eAor;cL , l ( , Work Order Date: This Work Order Change is necessary to cover changes in the work to be performed under the Work Order referenced above. The GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and previously issued STANDARD SPECIFICATIONS of the contract,work order, solicitation indicated above of apply to and govern all work under this Work Order Change. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS: (1) Current Contract Price(Adjusted by Previous Change Orders) $5c'S,10 0 (2) Total Proposed Change in Contract Price $ D9;350 (3) New Work Order Price(Item 2 + Item 3) $ ‘1,4,X4 0 (4) Current Contract Time(Adjusted by Previous Change Orders) ( .Days (5) Total Proposed Change in Contract Time 'l5 Days (6) New Contract Time(Item 4 + Item 5) 135 Days (7) Original Contract Substantial Completion Date f.' � 3 Bays (l3) New Contract Substan#iai Completion Date 9 molt'�-Bays Description of Change: \� z. , .d Coy% V 4.4 A-2-r e v 6T = Reason for Change. ;. /VI „ • ,4, . �, Change in Contract Price: 011 '14 O Change in Dontract Time: .S I0..y , ,WAIVER This Work Order Change constitutes full and mutual accord and satisfaction for the adjustment of the Work Order Price and Time as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Work Order Change represents an equitable adjustment to the Agreement and that CONTRACTOR shall waive all rights to file a Contract Claim or claim of any nature on this Work Order Change. Execution of this Work Order Change shall constitute CONTRACTOR's complete acceptance and satisfaction that is enti led to no more costa or ime(direct, indirect, impact; ad) pursuant to this Work Order Change. APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original Agreement and specifically changed by this Work Order Change; and It is expressly understood and agreed that the approval of the Work Order Change shall have no effect on the original Agreement other than matters expressly provided herein. ATTE : 4.0. J�_f1 ✓f1'P Contractor Cie Cd v 4`P v 49;3.4p7 Printetl Nfnne and Titl- y O►icer 74413 Date By �r't �� 1(93 /3 (Corporate Seal) Date ATTEST: 0t41 wne (Adet, (Signat /) Prin Nam an• Title g-^1 4=13 ',1)/(4 Date By(S gnat r-) lc/ 3/43 (Seal) Date END OF SECTION •