HomeMy WebLinkAboutChange Order 1 Finance Department
Procurement Division 1225 Main Street
Sebastian, FL 32958
(772) 388-8231
CHANGE ORDER FORM
Change Order # 1 Project Name Conspan bridge for Stonecrop
Purchase Order # 10238 Project # A2364
Contractor: Contech Engineered Solutions, LLC Contact Name Scott D. Aston, P.E.
Address: 9100 Centre Pointe Drive, Suite
400, West Chester, OH 45069 Contract Date March 8, 2023
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper
execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby
incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined
and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
On March 8, 2023 City Council approve a sole source purchase of a Con/Span precast bridge, ArmorFlex fabric, and mats
with spreader bar for the Stonecrop Canal Rehabilitation Project. Due to a delay in project approvals, the material costs have
increased from the initial quote provided 2023.
A. Contract price prior to this change $656,123.18
Net increase (decrease) resulting from this change $11,200.00
New contract price including this change order $667,323.18
B. Contract time prior to this change (number of days) N/A
Net increase (decrease) resulting from this change (number of days) N/A
New completion date including this change N/A
AGREED:
CONTRACTOR: CITY OF SEBASTIAN:
_________________________________ _________________________________
Scott D. Aston, P.E., Sr. Vice President - Structures Brian Benton, City Manager
Date: _____________________________ Date: ____________________________
Approvals by City of Sebastian Staff:
X City Manager Authorization – cumulative amount less than 15% of contract price or $15,000 single change order.
City Council Authorization – cumulative amount exceeds 15% of the contract price or $15,000 single change order.
CITY COUNCIL MEETING:
CITY OF SEBASTIAN
_______________________________
Project Manager ___________ as to engineering Jeanette Williams, City Clerk
Finance ___________ as to budget Date: ________
City Attorney ___________ as to legal
Procurement Manager ___________ as to purchasing
DocuSign Envelope ID: 1C0F7936-E308-462F-B88E-8C7570DBA79F
5/7/2024 | 7:10:40 AM PDT
N/A
5/7/2024 | 1:00:45 PM EDT
5/7/2024 | 2:23:25 PM EDT
Item #Description Pieces Quantity Extended Unit
Price
Unit Unit Total
Change Order to original quote/order signed by city manager dated
3/9/23. Current pricing increase for CON/SPAN B-Series
1.00 1.00 $11,200.00 EA $11,200.00
Total $11,200.00
(Tax not included)Net Total $11,200.00
Date 4/30/2024 Account Name City of Sebastian Florida Reply-To
Quote #QUO-655794-W6K3S8 Contact Name Karen Miller Contech Rep.James Park
Phone (772) 388-8205 Address 8250 62nd Street, Pinellas Park, FL,
33781
Project Name Stonecrop Canal City of
Sebastian
Fax Phone 407-506-2803
Project #722370 Email KMiller@cityofsebastian.org Fax
Project
City/State
Sebastian, FL Email James.Park@ContechES.com
Contech's offer to sell the products described in this quotation is expressly conditioned upon Buyer's assent to the Contech Conditions of Sale ("Contech COS") included herewith and/or
viewable at www.conteches.com/cos. A valid tax exemption certificate must be issued to Contech or sales tax will be added.
Standard Notes
1.This quotation expires 30 days from the date shown. Prices are firm for shipment within 120 days of the date of quotation and are subject to a maximum
escalation of 8% for each 30 days thereafter.
PAYMENT TERMS ARE 1/2%-10, NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NON-STANDARD ABOVE. IF NON-STANDARD, PAYMENT TERMS ARE
1/3 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION, 2/3 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY
ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS FROM THE
DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED, CONTECH
RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND
SUPERSEDES ALL PREVIOUS COMMUNICATIONS, BUYER'S SIGNATURE BELOW, DIRECTION TO MANUFACTURE, OR ACCEPTANCE OF DELIVERY OF GOODS DESCRIBED ABOVE, SHALL
BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO
THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF AND/OR ON
BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC.
Acceptance Contech Engineered Solutions LLC.
WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL
TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech
COS INCLUDED HEREWITH AND VIEWABLE AT www.conteches.com/cos
By James Park
Company (O)407-506-2803
By (F)
Title (Cell)
Date Title
Quotation Page# 1/2
Quote # QUO-655794-W6K3S8
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1. ACCEPTANCE. This quotation is an offer to sell to potential
customer(s). BUYER¶S RIGHT TO ACCEPT THIS OFFER IS
LIMITED TO BUYER¶S ASSENT TO THE TERMS AND
CONDITIONS PRINTED HEREON AND THE ATTACHED OR
ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR
DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON
SELLER. THERE ARE NO UNDERSTANDINGS, TERMS,
CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED
HEREIN.
2. LIMITED WARRANTIES. Seller warrants that it can convey
good title to the products sold under this contract and that they are
free of liens and encumbrances. Seller also warrants that the
products sold under this contract are substantially free from defects
in material and workmanship for a period of one year after the date
of delivery. There are no express or implied warranties with respect
to products sold hereunder which are misused, abused or used in
conjunction with mechanical equipment improperly designed, used
or maintained, or which are used, supplied for use or made
available for use in any nuclear application of which Seller has not
been notified in writing by Buyer at the time of order for the products
sold hereunder. SELLER MAKES NO OTHER WARRANTY
WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED
WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE
ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS
CONTRACT.
3. LIMITATION OF BUYER¶S REMEDIES AND SELLER¶S
LIABILITY. Seller¶s liability hereunder shall be limited to the
obligation to repair or replace only those products proven to have
been defective in material or workmanship at the time of delivery, or
allow credit, at its option. Seller¶s total cumulative liability in any
way arising from or pertaining to any product or service sold or
required to be sold under this contract shall NOT in any case
exceed the purchase price paid by Buyer for such products or
services. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY
FOR COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR
LABOR, OR CONSEQUENTIAL, SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGES OF ANY TYPE, WHETHER BUYER¶S
CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT
LIABILITY, NEGLIGENCE, OR OTHERWISE. IT IS EXPRESSLY
AGREED THAT BUYER¶S REMEDIES EXPRESSED IN THIS
PARAGRAPH ARE BUYER¶S SOLE AND EXCLUSIVE REMEDIES.
4. LIMITATION OF BUYER¶S REMEDIES AND SELLER¶S
LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO
DELIVERY DATES ARE GUARANTEED. BUYER¶S SOLE AND
EXCLUSIVE REMEDIES AND SELLER¶S ONLY LIABILITY FOR
ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH IN
PARAGRAPH 3 OF THIS CONTRACT.
5. FORCE MAJEURE. In any event and in addition to all other
limitations stated herein, Seller shall not be liable for any act,
omission, result or consequence, including but not limited to any
delay in delivery or performance, which is (i) due to any act of God,
the performance of any government order, any order bearing priority
rating or order placed under any allocation program (mandatory or
voluntary) established pursuant to law, local labor shortage, fire,
flood or other casualty, governmental regulation or requirement,
shortage or failure or raw material, supply, fuel, power or
transportation, breakdown of equipment, or any cause beyond
Seller¶s reasonable control whether of similar or dissimilar nature to
those above enumerated, or (ii) due to any strike, labor dispute, or
difference with workers, regardless of whether or not Seller is
capable of settling any such labor problem.
6. BUYER¶S OBLIGATION TO PASS ON LIMITATION OR
WARRANTIES AND REMEDIES. In order to protect Seller against
claims by Buyer¶s buyer, if Buyer resells any of the products
purchased under this agreement, Buyer shall include the language
contained in paragraphs 2 and 3 of this agreement, dealing with
Seller¶s limitations of warranties and remedies, in an enforceable
agreement with Buyer¶s buyer, or otherwise include language in an
enforceable agreement with its buyer that makes Seller¶s limitation
of warranties and remedies binding on its buyer. Buyer shall also
include a provision in its agreement with its buyer applying Ohio law
to any claims its buyer might assert against Seller with respect to
products manufactured by Seller, and requiring its buyer to bring
any such action against Seller either in federal district court in
Cincinnati, Ohio or the common pleas court for Butler County, Ohio.
Buyer shall defend, indemnify and hold Seller harmless from any
and all claims, causes of action, damages, losses or expenses
(including reasonable attorneys¶fees) that Seller incurs by reason of
Buyer¶s failure to comply with this paragraph.
7. PASSAGE OF TITLE. Title to the products sold hereunder shall
pass upon delivery to the carrier at the point of shipment. Neither
Buyer nor the consignee shall have the right to divert or reconsign
such shipment to any destination other than specified in the bill of
lading without permission of the Seller. Unless otherwise agreed
Seller reserves the right to select the mode of transportation.
8. PAYMENTS AND LATE CHARGES ON PAST DUE
ACCOUNTS. Buyer represents that Buyer is solvent and can and
will pay for the products sold to Buyer in accordance with the terms
hereof. If Buyer shall fail to comply with any provision or to make
payments in accordance with the terms of this contract or any other
contract between Buyer and Seller, Seller may at its option defer
shipments or, without waiving any other rights it may have,
terminate this contract. All deliveries shall be subject to the
approval of Seller¶s Credit Department. Seller reserves the right,
before making any delivery, to require payment in cash or security
for payment, and if Buyer fails to comply with such requirement,
Seller may terminate this contract. A late charge of 1-½% monthly
(18% annual rate) or the maximum allowed by state law, if less, will
be imposed on all past due accounts, and Buyer is responsible for
all costs of collection including without limitation reasonable
attorneys¶fees and court costs.
9. TRANSPORTATION CHARGES. Delivered prices or prices
involving competitive transportation adjustments shall be subject to
appropriate adjustment to reflect changes in transportation charges.
10. CLAIMS BY BUYER. Buyer shall thoroughly inspect products
sold under this contract immediately upon receipt to verify
conformance with the specifications of the contract. Buyer must
notify Seller of claims for failure or delay in delivery within 30 days
after the scheduled delivery date. Buyer must notify Seller of any
claims for nonconforming or defective products within 30 days after
the nonconformity or defect was or should have been discovered. In
addition, Seller must be given an opportunity to investigate the claim
before Buyer disposes of the material, or else Buyer¶s claim will be
barred. Seller shall incur no liability for damage, shortages, or other
cause alleged to have occurred or existed at or prior to delivery to
the carrier unless the Buyer shall have entered full details thereof on
its receipt to the carrier.
11. MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data
referring to mechanical properties or chemical analysis are the
result of tests performed on specimens obtained from specific
locations of the product(s) in accordance with
prescribed sampling procedures; any warranty thereof is limited to
the values obtained at such locations and by such procedures.
There is no warranty with respect to values of the materials at other
locations.
12. PATENTS. Seller shall indemnify Buyer against attorneys¶fees
and any damages or costs awarded against Buyer in the event any
legal proceeding is brought against Buyer by a third person claiming
the material delivered hereunder in itself constitutes an infringement
of any U.S. patent, provided Buyer gives Seller prompt notice of any
such suit being brought, gives Seller the opportunity to defend any
such suit, and cooperates with Seller with respect to any such
defense; unless the material is made in accordance with material
designs, or specifications required by Buyer, in which case Buyer
shall similarly indemnify Seller.
13. PERMISSIBLE VARIATIONS. The products sold hereunder
shall be subject to Seller¶s standard manufacturing variations,
tolerances and classifications.
14. TECHNICAL ADVICE. Buyer represents that it has made its
own independent determination that the products it is purchasing
under this contract meet the design requirements of Buyer¶s project
and are suitable for Buyer¶s intended application. Buyer further
represents that it has not relied in any respect on any written or oral
statements or advice from Seller, other than the standard product
specifications set forth in the most recent addition of Seller¶s
published product brochures, in making that determination.
15. TAXES. No taxes imposed with respect of the sale of the
products or services sold hereunder are included in any quotation
by Seller. All applicable taxes shall be added and paid by Buyer in
addition to the purchase price.
16. BUYER¶S RIGHT OF TERMINATION. Buyer may terminate this
contract in whole or in part upon notice in writing to Seller. Seller
shall thereupon cease work and transfer to Buyer title to all
completed and partially completed products and to any raw
materials or supplies acquired by Seller especially for the purpose
of performing this contract, and Buyer shall pay Seller the sum of
the following:
(1) the contract price for all products which have been completed
prior to termination;
(2) the cost to Seller of the material or work in process as shown on
the books of Seller in accordance with the accounting practice
consistently maintained by Seller plus a reasonable profit
thereon, but in no event more than the contract price;
(3) the cost f.o.b. Seller¶s plant of materials and supplies acquired
especially for the purpose of performing this contract; and
(4) reasonable cancellation charges, if any, paid by Seller on
account of any commitment(s) made hereunder.
17. SELLER¶S RIGHT OF TERMINATION. In addition to the other
rights of termination provided for in this contract, and if this
contract is made pursuant to any governmental rule or regulation,
plan, order or other directive, upon the directive, effected or
impaired.termination thereof, Seller shall have the option of
canceling this contract in whole or in part.
18. WAIVER. Failure or inability of either party to enforce any right
hereunder shall not waive any right in respect to any other or
future rights or occurrences.
19. DELIVERY. Unless otherwise agreed to in writing by the
Seller, the Buyer hereby agrees to take delivery of the materials
on this order within the later of thirty (30) days after the wanted
date shown on the face of the order or within thirty (30) days after
notification, oral or written, that the materials are ready for
shipment. In the event that the Buyer does not arrange to take
delivery of the materials in accordance with this Contract, Seller,
at Seller¶s option, may:
(a) invoice the Buyer for the materials less freight if applicable;
store the material in Seller¶s yard for a period not to exceed sixty
(60) days from the date of invoice; charge a storage fee not to
exceed 5% per month or fraction thereof of the selling price of the
stored materials; add any applicable price increases listed on the
face of the order; charge for any repair work to protective coatings
harmed by weathering while such material is being stored; and
charge applicable freight when shipment to the Buyer is made.
Materials remaining in storage after sixty (60) days from the
invoice date shall become the property of the Seller for disposition
at the Seller¶s discretion. In that event, Buyer shall not be liable
for the invoice price of the materials, but shall be liable for the
storage fee and any repair work to protective coatings; or
(b) cancel the order and invoice the Buyer for cancellation
charges, which shall be 25% of the selling price of the materials if
the materials are standard, in-stock material, or the full selling
price if the materials are special or nonstandard in nature and
were especially fabricated for the Buyer.
20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any
action by Buyer against Seller relating to this contract or the
products sold hereunder, including, without limitation, any action
for breach of contract or warranty, or otherwise in connection with
the products sold under this contract, must be commenced by
Buyer against Seller within one year after the cause of action
therefore accrues or one year of delivery of the products sold
hereunder, if less.
21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any
terms and conditions of any purchase order or other instrument
issued by the Buyer, in connection with the subject matter of this
document, which are in addition to or inconsistent with the terms
and conditions expressed herein, will not be binding on Seller in
any matter whatsoever unless accepted by Seller in writing.
22. SEVERABILITY. In case any provision of this contract shall be
declared invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be
affected or impaired.
23. APPLICABLE LAW. This contract shall be governed by, and
construed and enforced in accordance with, the laws of Ohio.
Buyer and Seller specifically agree that any legal action brought
relating to this contract shall be brought and tried exclusively in
the federal district court in Cincinnati, Ohio, or, in the absence of
jurisdiction, the Butler County Court of Common Pleas in
Hamilton, Ohio.
REV. 03/15
Contech - CONDITIONS OF SALE
Quotation Page# 2/2
Quote # QUO-655794-W6K3S8
DocuSign Envelope ID: 1C0F7936-E308-462F-B88E-8C7570DBA79F
DocuSign Envelope ID: 1C0F7936-E308-462F-B88E-8C7570DBA79F
DocuSign Envelope ID: 1C0F7936-E308-462F-B88E-8C7570DBA79F
DocuSign Envelope ID: 1C0F7936-E308-462F-B88E-8C7570DBA79F