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MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE - 07-0003-UTF tl / b D9 ? '??1H r? CITY OF CLEARWATER ..` r Pc sf O.- rrr:i: 131A 1.^ i$. (:r.rArc\Varrrc, F>011JuA 33'58-7k8 1lU?r<:rew Sric? a:r< i3rn.nrNc:, 100 Su?-n i shitn,r..:?1\-E\1 ]- 5l: Fn- 220, C -uzNxAi,[rc, Ft.OR 13. 756 ?, " %= -+:...: 7g .10,,?? l er.?r ru ?r (-12,) 562-4750 Ekx (72?) 562-4755 TER'? .. RI RECEIVED E.No[xrER1N(-, DEPARTMEX-r NOV 2 4 2010 November 23, 2010 OFFICIAL RECU',ZS AND LEGISLATIVE Sir"CS DEPT Westra Construction Corporation Attn: Ken Beukexna P.O. Box 1149 Palmetto, Florida 34221 Re: Marshall St. APCF Process Air System Upgrade (07-0003-UT) Certificate of Final Completion Dear Mr. Beukerna: The work of the above referenced project is completed and acceptable as of Friday, Jul 30 2010. However, if at some later date any defects appear due to construction, you will be expected to accept the responsibility according to the Guarantee of the General Conditions which reads: "The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance." Very tfjtry yours, Robert Maue Project Manager City of Clearwater cc: Robert Fahey, PE, Utilities Manager Carlton Serrette, PE, Malcolm Pirnie Susan Chase, City Clerk Specialist, Office of Official Records & Leg. Services Project File " (c um. EmPLOYNGYr .wu AFF1Rnvn%,r A(.rrcm EmPLO)TR" BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: SURETY COMPANY: SURETY AGENT: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.: (if applicable) DESCRIPTION OF WORK: LEGAL DESCRIPTION: ReC'D JUN 1 3 7008. PERFORMANCE AND PAYMENT BOND C (Public Work) In compliance with F.S. Chapter 255.05(1)(a) 105087290 WESTRA CONSTRUCTION CORPORATION 1263 12TH AVENUE EAST PALMETIO, FL 34221 (941)723-1611 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE HARTFORD, CT 06183 (860)277-1561 HRH OF SOUTHWEST FLORIDA 6771 PROFESSIONAL PARKWAY WEST SUITE 101 SARASOTA, FL 34240 (941 )554-3140 CITY OF CLEARWATER, FLORIDA 100 S. MYRTLE AVE., SUITE 220 CLEARWATER, FL 33756 (727)562-4750 $ 3,361,600.00 07-0003-UT MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE PROJECT (07-OOO3-UT). MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE, CITY OF CLEARWATER, FLORIDA. FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. F:\DA T A\BONDS\WINWORD BOND NUMBER: 105087290 CONTRACT BOND STATE OF FLORIDA COUNTY OF MANATEE KNOW ALL MEN BY THESE PRESENTS: That we WESTRA CONSTRUCTION CORP. Contractor and . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) whose home address is One Tower Square, Hartford, CT 06183 HEREINAFTER CALLED THE "SuretY', are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THREE MILLION THREE HUNDRED SIXTY ONE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($3,361,600.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ~day of~ ..JJJJ . . 200&. entered into between the Contractor and the City of Clearwater for: MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE PROJECT (07-0003-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereUnder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want. of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance. of said contnict, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to. all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said eontractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs' and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid,' or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this at#- day of~ . 200 <<. WESTRA CONSTRUCTION CORP. CONTRACTOR . - BY:~ .~, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ~Ik~ Carol McManus :~~75Y. ATTO Y-IN-FACT " and Licensed Florida Agent ANTHONY T. PAPA, JR. Hilb Rogal & Hobbs of Florida, Inc. 6771 Professional Parkway West Sarasota, FL 34240 941-554-3140 WITNESS: C~r ANTHO . PAPA R., Licensed Florida Agent Page 2 ~ TRAVELERSJ POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 218333 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 19 9 0 3 5 9 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anthony T. Papa Jr., Carol McManus, Christine A. Papa, and Tina Gonzalez of the City of Sarasota , State of Florida , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Comll.anies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of October ,2007 . 1st Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company o ~ State of Connecticut City of Hartford SS" St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: 1 st October 2007 . On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard'sorety,.Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. "f(\w c. j~ '- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 02/26/2008 PRODUCER (813)637-8877 FAX (813)637-8484 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4915 W. Cypress Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sui1-- 100 Tari FL 33607 INSURERS AFFORDING COVERAGE NAIC# ~D Westra Construction Corporation INSURER A:. American Home Assurance PO Box 1149 INSURER B: North River Ins. Co. Palmetto, FL 34220 INSURER c: Zenith Ins CO INSURER D: Fireman's Fund INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N~: ~~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 9725008 07/01/2007 07/01/2008 EACH OCCURRENCE $ 1,000,000 ~ DAMAGE TO RENTED 300,000 X COMMERCIAl GENERAL LIABILITY $ I-- ~ CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,000 A X Per Job Aggregate PERSONAL & ADV INJURY $ 1,000,000 - $2,000,000 GENERAL AGGREGATE $ 5,000,000 - 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ I 'nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY 7613 730 07/01/2007 07/01/2008 COMBINED SINGLE LIMIT X- (Ea accident) $ 1,000,000 ANY AUTO - X ALL OWNED AUTOS BODILY INJURY X- (Per person) $ SCHEDULED AUTOS A X- HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 553 090110 3 07/01/2007 07/01/2008 EACH OCCURRENCE $ 10,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 10,000,000 B $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND Z068928802 03/01/2008 03/01/2009 X T T~~~T~ID IOJ~- EMPLOYERS' LIABILITY 500,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER MXI97508207 07/01/2007 07/01/2008 Rented/Leased Equipment D Contractors Equipment Per Item/Per Occurrence $400,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIA:.L PROVISIONS License No.: CG C062888 _ity of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B1JT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,~ ~ Mark Sheffield BARRES ACORD 25 (2001/08) @ACORD CORPORATION 1988 CONTRACT This CONTRACT made and entered into this ~day of , 200 i by and between the City of Clearwater, Florida, a municipal corporation, h mafter designated as the "City", and WESTRA CONSTRUCTION CORP. of the City of PALMETTO, County of MANATEE and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE PROJECT (07-0003-UT) FOR THE AMOUNT OF: THREE MILLION THREE HUNDRED SIXTY ONE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($3,361,600.00) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithfulperformance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. By:~f3.~ William B. Home, n City Manager CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA Attest: Countersigned: ~/)I~~ ruJ Cynt a . Goudeau, . , V City Clerk By: ;:j~ j( ~ ~ Hibbard, , Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) ~3~ Ew,. V',~ Pres. '- . - ,- .'- ~+,..., r "~'-~~f.: (Contractor) - - - . ," , By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of WESTRA CONSTRUCTION CORP. a Florida Corporation, with its principal place of business located at 1263 12 Tn AVENUE E. PALMETTO. FLORIDA 34221 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of ,200_, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: MARSHALL STREET APCF PROCESS AIR SYSTEM UPGRADE PROJECT (07-0003-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me WESTRA CONSTRUCTION CORP. AFFIANT This _ day of , 200 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we. the undt1'Signed, WESTRA CONSTRUCTION CORPORATION as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA . as UTCty, arc he~d and firmly :un..1 unto the City o,f ~lcarwilter, Florida, in the sum of r:<::::. e-J{ ~ DoHan; ($ !!; ~ -6 ~ (being a minimwn of 10% of Contractor's total bid amount) fo le payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators; successors and assigns. Thc condition of the above obligRtion is such that if the attached Proposal of WESTRA CONSTRUCTION CORPORATION as Principal, and TRAVELERS CASUALTY AND SURETY CO. Q!,a'sMERICA as Surety, for work specified as: Marshall Street APCF Process Air Sys~em Upgrade City of Clearwater, Florida aJI as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above narned bidder, and the said bidder shall within tal days after notice of said award enter into a contract, in writin& and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the fulJ amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 15th day of May ,2008 . (Principal must indicate whether corporation, partnership, company or individual) Corporation WESTRA CONSTRUCTION CORPORATION Principal Michael Beukana The person signing shall, in his own hMdwriting, sign the Principal's name, his own name and his title; the p~on signing for a corporation must. by affidavit, show Pis authority to bind the corporation. BY:~~ Title Executive Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF MlERICA ~ 'su ' JR., A torney-i -Fact and Licensed Florida Agent HUb Rogal & Hobbs of Florida, ~nc. 6771 Professional Parkway West Sarasota, FL 34240 941-654-3140 Sccrion V .l.tlnd!:csp; ng.doe P~gc 7 Revi~cc1; 5109/2007 ...... TRAVELERSJ POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 218333 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of Am.erica United States Fidelity and Guaranty Company Certificate No. 0 0 19 9 0 2 2 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Fannington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anthony T. Papa Jr., Carol McManus, Christine A. Papa, and Tina Gonzalez of the City of Sarasota , State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permjtli&:d in any actions Or p1'\lceedings allowed by law. 1st IN WITNESS WHEREOF, the Com~~ have caused this instTUll'f'" to be I!oigneil and thek corporate seals to be hereto affixed, this October Oi!UUf ',' ~~ ,. . Farmington Casualty COIpPllIIY Fidelity and Guaranty llasbra~ Company. Fidelity and Guaranty lnsul'll1Ke Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company e @ State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: 1 st October 2007 On this the day of ' before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offIcer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 201 I. 58440-5-07 Printed in U.S.A. '\f\w c. j~ '- Marie C. Tetreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AFFIDA VIT (To be filled in and executed ifthe bidder is a corporation) STATE OF FLORIDA ) COUNTY OF MANA'T'RR ) Brian Beukema being duly sworn, deposes and says that he/she is Secretary of Westra Construction Corp. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 1263 12th Avenue East Street & Number Palmetto City Manatee County Florida State Affiant further says that he is familiar with the records, minute books and by-laws of Westra C'.onstruction Cor:p. (Name of Corporation) Affiant further says that Michael Beukema is Executive Vice President (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for ~h::lll s+--n=+- AW'F Prrn:::!::.c:: Air ~ ~ for said corporation by virtue of Rpj:;() luH ()n ()f thp. }bard of Directors BDjoct (state whether a provision of by laws or a Resolution ofthe Board of Directors. Ifby Resolution give date of adoption). Affiant Sworn to before me this 15th day of May . NotIIY PublIc. StIIte d FlorIda Mv Conft\llllon ExpIrIB June 30. 2008 Type/prin~~rn~~6~~5 CO,,-t./Ti20l.. L cl<: Title or rank, and Serial No., if any Clearwater - Section V Page 8 Revised: 5/09/2007 MINUTES OF SPECIAL MEETING OF THE DIRECTORS OF WESTRA CONSTRUCTION CORP. The special meeting of the Directors of the above captioned Corporation was held on the date, time and at the place set forth in the written waiver of notice signed by alllthe Directors, fixing such time and place, and prefixed to the minutes of this meeting. . The ~eeting was c~lled to order by the President. A quorum was prese~ted with the followmg Directors attendmg: . Kenneth Beukema, Director William Haan, Director Brian C. Beukema, Director Michael K. Beukema, Director The minutes of the previous meeting were read and adopted. After discllssion, upon motion duly made, seconded and carried, it was, RESOLVED, that the following persons are hereby elected as Officers Qfthe Corporation, to serve until the next annual meeting of the Board of Directors aq.d until their successors are duly elected and qualified: President: Secretary: Treasurer: V ice President Kenneth Beukema Brian C. Beukema Benjamin Nowakowski Michael K. Beukema Vice President: Assistant Secretary: Assistant Secretary: Will~ Haan Benjatpin Nowakowski Micha~l K. Beukema RESOLVED, that the signing of these minutes by the directors shall constitute their complete approval and ratification of the preceding resolution. There being no further business to come before the meeting, upon moti~n duly made, seconded and carried, the same was adjourned. . .:--.~~~ Brian C. Beukema, Secretary ~~~- MINUTES OF SPECIAL .MEETING OF THE DIRECTORS OF WESTRA CONSTRUCTION CORP. The special meeting of the Directors of the above captioned Corporation was held on the date, time and at the place set forth in the written waiver of notice signed by all the Directors, fixing such time and place, and prefixed to the minutes of this meeting. The meeting was called to order by the President. A quorum was presented with the followi ng Directors attending: Kenneth Beukema, Director lA. McWhorter, Director William Haan, Director Alan 1. Van Eerden, Director Michael K. Beukema, Director The minutes of the previous meeting were read and adopted. After discussion, upon motion duly made, seconded and carried, it was, RESOL YED, that Michael K. Beukema is promoted to Executive Vice President/Assistant Secretary and that he is hereby authorized to execute and sign, on behalf of said Corporation, any and all contracts or other legally binding documents entered into with third parties (whether they be private individuals or entities or public entities including municipalities), on such terms and conditions as may be agreed upon between him and such parties on any matters, including, but not limited to, contracting to purchase or sell property, bidding on jobs or to perform services, to hire or fIre personnel, borrow money, obtain credit for the corporation, to pledge or sign and deliver as collateral or security any assets of the corporation, to execute and deliver any legal instruments binding this Corporation, or sign checks. There being no further business to come before the meeting, upon motion duly made, seconded and carried, the same was adjourned. APPROVED: WAIVER OF NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF WESTRA CONSTRUCTION CORP. WE, the undersigned, being all the Directors of the Corporation, hereby agree and consent that the special meeting of the Directors of the Corporation be held on the date and time at the place designated hereunder, and do hereby waive all notice whatsoever of such meeting and of any adjournment thereof. We do further agree and consent that any and all lawful business may be transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by the Directors present thereat. Any business transacted at such meeting or at any adjournment or adjournments thereof shall be valid and legal and of the same force and effect as if such meeting or adjournment meeting were held after notice. PLACE OF MEETING: 1263 12TH Avenue East, Palmetto, Florida DATE OF MEETING: April 21, 2006 TIME OF MEETING: 1 :30 P.M. PURPOSE OF MEETING: Election of Officers of the Corporation Dated 4- 'AI,.. bb NON-COLLUSION AFFIDA VIT ", :;,1'L O,F FLORIDA ) ;'Ut '1"I'fY OF MANATEE ) Michael Beukema ._u._ ... ._" _n____ being, first duly sworn, deposes and says that he is ~ecutive_Yice President of Westra Construction Cor::p. '" ,'Fl) :ll<:1killg the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that '."~; ,';I(!der ;s not financially interested in or otherwise affiliated in a business way with any other bidder i '. ~;", '~;,1il:e contract; that said bidder has not colluded, conspired, connived, or agreed, directly or ,;:n,.d\ \.</ith any bidders or person, to put in a sham bid or that such other person shall refrain from 'i ;" '",.1 has not in any manner, directly or indirectly, sought by agreement or collusion, or li".ji\;:iilun or conference, with any person, to fix the bid price or affiant or any other bidder, or to . iJ "I" vhcad, profit or cost element of said bid price, or that of any other bidder, or to secure any " ; 'j; '<1;,-: ;)gainst the City of Clearwater, Florida, or any person or persons interested in the proposed ..; ;', L,: :dld that all statements contained in said proposal or bid are true; and further, that such bidder ;; IH/ ilin'c.t1y or indirectly submitted this bid, or the contents thereof, or divulged infonnation or data .;1'.< ihC:ldO to any association or to any member or agent thereof. Jtkli ~ Affiant ''.'I''.m !n and subscribed before me this 15th day of May .; 'i,,,"'water - Section V Page 9 Revised; 5/0912007 PROPOSAL (I) TO THE CITY OF CLEARWATER, FLORIDA, for Marshall street APCF Process Air System Upgrade Project Project Number 07-0003-UT and doing such other work incidental thereto, all in accordance with the contract documents, marked Marshall Street APCF Process Air System Upgrade Project Project Number 07-0003-UT Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Clearwater - Section V Page 10 Revised: 5/0912007 PROPOSAL (2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and'thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto is a bond or certified check on Bid Bond ~ t4 Ba~, for the stTl of Ten Percent (10%) ~ .. ~J' .; 1f~511;.tt>6 10% of Co tractor's total bid amount). ) The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award ofthe contract to the bidder). NAMES: CORPORATION ADDRESSES: Kenneth Beukema - President 1263 12th Avenue East, Palmetto, FL 34221 Brian Beukema - Secretary 1263 12th Avenue East, Pa~tto, FL 34221 SignatureofBidder:~ ~ Michael Beukema., Exec. Vice President (The bidder must indicate whether Corporation, Partnership, Company or Individual). Clearwater - Section V Page 11 Revised: 6/18/2007 PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or V ice-President, he must, by affidavit, show his authority, to bind the corporation. Principal: ,~ .!J~ By: ftf,.c:...l....~, &.uke\N\..R Title: (Xt-. V.P. Business Address of Bidder: 1263 12th Avenue East City and State: Palmetto, Florida Zip Code 34221 Dated at Palmetto. Florida , this 15th day of May , A.D., 200X8 Clearwater - Section V Page 12 Revised: 6/1812007 05/19/2008 14:44 19417239021 WESTRA CONSTRUCTION PAGE 02 CITY OF CLEARWATER ADDENDUM SHEET PROJECT: MarShall Street AOCF Process Air System Upgrade Project Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: 4/17/08 Addendum No. 2 Date; 4/28/08 - Addendum No. ~ Date: 517 LOB Addendum No. Date: Addendum No. Date: Addendum No. Date: Addend~lm No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Westra Constntction Corp- ~~ (Signature of Officer) Michael Eeukerra Executive Vice President (Title of Officer) May 15, 2008 (Date) CICfjrWlller . Seelian V Page' 3 Revised: 5/09/2007 CITY OF CLEARWATER ADDENDUM SHEET PROJECT: Marshall street APCF Process Air System Upgrade Project Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: 4/17/08 Addendum No. 2 Date: 4/28/08 - Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Westra Construction Com. ~~ (Signature of Officer) Michael Peukema Executive Vice President (Title of Officer) May 15, 2008 (Date) Clearwater - Section V Page 13 Revised: 5/0912007 BIDDER'S PROPOSAL PROJECT: PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET ADVANCED POLLUTION CONTROL FACILITY CONTRACTOR: Westra Construction Corp. BIDDER'S TOTAL $ ~~~ ~mberS)JA_---I l:-:. BIDDER'S GRAND TOTAL 72 . . ~'1JJ~~~) I< ~I....J _ THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON illS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. TillS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE mE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. The Bidder proposes to furnish all material and equipment and perform all Work for the following prices: Item No. Description Estimated Unit ($) Quantity Unit 1 Mobilization LS 2 Demobilization LS 3 Demolition LS Fabricate and Deliver Multistage Centrifugal Blowers, Control Panels and ~C1)6 4 A urtenances LS ~1b ~t> Install, Test and Warranty Multistage Centrifugal Blowers, Control Panels and is 5. ,p"'9 i.J J. rs 5 A urtenances LS Fabricate and Deliver Fine Bubble Diffused Aeration 6 E ui ment LS $324,250 $324,250 Install, Test and Warranty Fine Bubble Diffused 7 Aeration E ui ment LS Salvage Existing Multistage 8 Centrifu al Air Blowers LS 9 Modi Existin Switch ear LS Furnish, Install, and Test Remaining Equipment, Joa J ~ 10 S stems and A urtenances LS ( Clearwater - Section V Page 14 Revised: 5/09/2007 Item No. Description Estimated Unit ($) Quantity Unit 11 75 CY 12A 1,500 SF 12B 5,000 SF BASE BID TOTAL: Clearwater - Section V Page 15 Revised: 6/18/2007 INSTRUCTIONS FOR ADDENDUM TO AGREEMENT FOR CONSTRUCTION OF THE PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET AD VA Nc;l::u flULLU IIUN C;UN I t<UL I-AC;ILlI y t-'KUJcCT CITY OF CLEARWATER CONTRACT #07-0003-UT 1. The Contractor and the City, prior to the ordering of any materials, must complete the Addendum to Agreement for Construction of the Process Air System Upgrade for the Marshall Street Advanced Pollution Control Facility project. 2. Attachment "A" is to be completed by the Contractor and submitted with the Addendum. 3. Attachments "B", "CO and "D" relate to Owner-Furnished Materials that are part of the of a Subcontractor's Work. Attachments "B" and "C" would be completed for each Subcontractor responsible for materials as part of the Subcontractor's Work. 4. Submit 2 original copies of the Addendum and Attachments to: City of Clearwater Attention: Ed Burke, Construction Project Coordinator Phone; 462-6126 Fax: 462-6989 P. O. Box 4748 Clearwater, FL 33758-4748 5. If you have any questions regarding this process please direct them to: Andrea Beane, Senior Accountant 562-4950 ext. 7206 Fax: 562-4951 E-Mail: Andrea.Beane@myClearwater.com ADDENDUM TO AGREEMENT FOR CONSTRUCTION OF THE PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET AUVAN(;/:::U PULLU IIUN (;UN II-<UL t-A(;ILlI Y CITY OF CLEARWATER CONTRACT # 07 -0003-UT In reference to contra~ #. Owner, and dated .' . . ,e, .... .. between City of Clearwater, the :, the Contractor, it is further AGREED as follows: 1. The owner has reserved the right to purchase certain portions of the material for the Project directly in order to save applicable sales tax in compliance with Florida Law since owner is exempt from the payment of sales tax. 2. The attachments lettered A, S, and C, attached hereto (as amended by notations thereon) and incorporated herein shall be executed by the Contractor and applicable sub-contractors and the terms thereof shall govern the purchase of materials for the Project as determined by the Owner. 3. The contract price shall be reduced by the cost of the materials purchased by owner plus the normally applicable sales tax as bid by the Contractor even if the cost is in excess of the cost for the materials as bid by the Contractor. However, for purposes of calculating engineering fees, contractor fees, architects fees, and any other amounts that are based on the contract amount, the original contract amount shall be used. 4. The Contractor reserves the right to authorize payments for invoiced materials, prior to Owner's authorization process, as outlined in attachment D. 5. The Contractor will assist Owner in owner's direct purchase of materials for the project. However, owner Acknowledges that Contractor's Sub-contractors nonetheless each reserves the right to purchase project materials directly, without Owner's prior approval and consequent power to eliminate reimbursement of sales tax. This addendum, upon its execution by both parties, is made an integral part of the aforementioned agreement. CITY OF CLEARWATER: CONTRACTOR: Date: Date: ,-,.":'.. ,,';~;' . ."<.'/- '" ^\i n~-':,Y-~-'-)',,:' ,- ':;,'!': ~ i ,..-~'i .<if, City Manager/Owner Contractor ATTEST: ATTEST: City Clerk (City's Corporate Seal) APPROVED AS TO FORM: Secretary Carlos Col6n Assistant City Attorney ATTACHMENT "A" FROM CITY OF CLEARWATER (OWMlaR) (OONTRACTOR) TO. OWNER-FURNISHED MATERIALS PROJECT: PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET ADVANCED POLLUnON CONTROL FACILITY. CONTRACT" 07-0003-UT 1. The Contract Price includes Florida sales and other applicable taxes for material, supplies, and equipment which will be a part of the Contractor's Work. The owner, being exempt from sales tax, reserves the right to make direct purchases of various construction materials included in the Contractor's contract. Owner-purchasing of construction material, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include owner's Certificate of Exemption number. 2. The Contractor shall provide the Owner a list of all intended suppliers, vendors, and material for consideration as Owner-Furnished Materials. The Contractor shall submit price quotes from the vendors, as well as a description of the materials to be supplied, estimated quantities, and prices. 3. The Contractor shall be fully responsible for all matters relating to the receipt of materials furnished by the Owner in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the goods at the time of delivery due to the negligence of the Contractor. However, the owner assumes the risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation or incorporation into the project. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Contractor for the particular material furnished. The Contractor shall provide all services required for the unloading and handling of materials. The Contractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature resulting from non- payment of goods to suppliers arising from the action of the Contractor. 4. As Owner-Furnished Materials are delivered to the job site, the Contractor shall visually inspect all shipments from the suppliers, and approve the vendor's invoice for material delivered. The Contractor shall assure that each delivery of Owner-Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order together with such additional information as the Owner may require. The Contractor will then forward the invoice to the Owner for payment, pursuant to Attachment A of this Contract. 5. The Contractor shall insure that Owner-Furnished Materials conform to the Specifications and determine prior to acceptance of goods at time of delivery if such materials are patently defective, and whether such materials are identical to the materials ordered and match the description on the bill of lading. If the Contractor discovers defective or non-conformities in Owner-Furnished Materials upon such visual inspection, the Contractor shall not utilize such nonconforming or defective materials in the Contractor's Work and instead shall properly notify the Owner of the defective or nonconforming condition so that repair or replacement of those materials can occur without undue delay or interruption to the Project. If the Contractor fails to perform such inspection and otherwise incorporates into the Contractor's Work such defective or nonconforming Owner-Furnished Materials, the condition of which it either knew or should have known by performance of an inspection, Contractor shall be responsible for all damages to the Owner, resulting from Contractor's incorporation of such materials into the Project, including liquidating or delay damages. ATTACHMENT "B" FROM TO (CONTRACTOR) (SUBCONTRACTOR) OWNER-FURNISHED MATERIALS PROJECT: PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET ADVANCED POLLUTION CONTROL FACILITY. CONTRACT # 07-GOO3-UT 1. The Contract Price includes Florida sales and other applicable taxes for material, supplies, and equipment which will be a part of the Subcontractor's Work. The Owner, being exempt from sales tax, reserves the right to make direct purchases of various construction materials included in the Subcontractor's contract. Owner-Purchasing of construction material, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include owner's Certification of Exemption number. 2. The Subcontractor shall provide the owner a list of all intended suppliers, vendors, and material for consideration as Owner-Furnished Materials. The Subcontractor shall submit price quotes from the vendors, as well as a description of the materials to be supplied, estimated quantities, and prices. 3. The Subcontractor shall be fully responsible for all matters relating to the receipt of materials furnished by the Owner in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the goods at the time of delivery due to the negligence of the Subcontractor. However, the owner assumes the risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation or incorporation into the project. The Subcontractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Subcontractor for the particular material furnished. The Subcontractor shall provide all services required for the unloading and handling of materials. The Subcontractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature resulting from non-payment of goods to suppliers arising from the action of the Subcontractor. 4. As Owner-Furnished Materials are delivered to the job site, the Subcontractor shall visually inspect all shipments from the suppliers, and approve the vendor's invoice for material delivered. The Subcontractor shall assure that each delivery of Owner-Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order together with such additional information as the Owner may require. The Subcontractor will then forward the invoice to the Owner for payment, pursuant to Attachment A of this Contract. 5. The Subcontractor shall insure that Owner-Furnished Materials conform to the Specifications and determine prior to incorporation into the Subcontractor's Work if such materials are patently defective, and whether such materials are identical to the materials ordered and match the description on the bill of lading. If the Subcontractor discovers defective or non-conformities in Owner-Furnished Materials upon such visual inspection, the Subcontractor shall not utilize such nonconforming or defective materials in the Subcontractor's Work and instead shall properly notify the Owner of the defective or nonconforming condition so that repair or replacement of those materials can occur without undue delay or interruption to the Project. If the Contractor fails to perform such inspection and otherwise incorporates into the Subcontractor's Work such defective or nonconforming Owner-Furnished Materials, the condition of which it either knew or should have known by performance of an inspection, Subcontractor shall be responsible for all damages to the owner, resulting from Subcontractor's incorporation of such materials into the Project, including liquidating or delay damages. 6. The Contractor shall maintain records of all Owner-Furnished Materials it incorporates into Contractor's Work from the stock of Owner-Furnished Materials in its possession. The Contractor shall account monthly to the Owner for any Owner-Furnished Materials delivered into the Contractor's possession, indicating portions of all such materials which have been incorporated in the Contractor's Work. 7. The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all materials and products as required by the Contract Documents. All repair, maintenance, or damage-repair calls shall be forwarded to the Contractor for resolution with the appropriate supplier, vendor, or subcontractor. 8. Notwithstanding the transfer of Owner-Furnished Materials by the Owner to the Contractor's possession, the Owner shall retain legal and equitable title to any and all Owner-Furnished Materials. 9. The Owner shall indemnify and hold Contractor harmless from any sales tax (and interest and penalties incurred in connection therewith) in the event there is a final determination that sales made by Owner, which Owner treats as being exempt from sales tax, are subject to sales tax. "Final determination" shall mean an assessment by the Department of Revenue that is no longer subject to protest, or a determination of a court having jurisdiction over such matters that is final and not subject to appeal. Contractor agrees to promptly notify owner of any audit, assessment, proposed assessment or notice of deficiency issued with regard to the Project and relating to Owner-Furnished Materials. 10. On a monthly basis, Contractor shall be required to review invoices submitted by all suppliers of Owner-Furnished Materials delivered to the Project during the month for use by the Contractor and either concur or object to the Owner's issuance of payment to the suppliers, based upon Contractor's records of materials delivered to the site and any defects in such materials. 11. In order to arrange for the prompt payment to the supplier, the Contractor shall provide to the Owner a listing indicating the acceptance of the goods or materials within 30 days of receipt of said goods or materials. The list shall include a copy of all applicable Purchase Orders which will include owner's Certificate of Exemption number, invoices, delivery tickets, written acceptance of the delivered item, and such other documentation as may be reasonably required by the Owner. The check will be released, delivered and remitted directly to the supplier. The Contractor agrees to assist the Owner to immediately obtain partial or final release or waivers as appropriate. At the end of the Project, Contractor will be provided with a deductive Change Order for the cost incurred by the Owner to provide all Owner- Furnished Materials. Salvage materials shall be stored or removed from the site by the Contractor at the Owner's direction, or may be turned over to the Contractor for salvage or disposal at the Contractor's option. 12. The Contractor shall be entitled to the benefits of any discounts attributable to the early payment of vendor invoices for materials furnished by the Owner pursuant to the Specifications. 13. The Contract between Contractor and Owner is hereby amended to clarify that Owner- Furnished Material shall be included in the Cost of the Work for the purpose of determining the Contract Sum due Contractor. 6. The Subcontractor shall maintain records of all owner-Furnished Materials it incorporates into Subcontractor's Work from the stock of Owner-furnished Materials in its possession. The Subcontractor shall account monthly to the Owner for any owner-Furnished Materials delivered into the Subcontractor's possession, indicating portions of all such materials which have been incorporated in the Subcontractor's Work. 7. The Subcontractor shall be responsible for obtaining and managing all warranties and guarantees for all materials and products as required by the Contract Documents. All repair, maintenance, or damage-repair calls shall pe forwarded to the Subcontractor for resolution with the appropriate supplier, vendor, or sub-subcontractor. 8. Notwithstanding the transfer of Owner-Furnished Materials by the Owner to the Subcontractor's possession, the Owner shall retain legal and equitable title to any and all Owner- Furnished Materials. 9. The Owner shall indemnify and hold Subcontractor harmless from any sales tax (and interest and penalties incurred in connection therewith) in the event there is a final determination that sales made by Owner, which Owner treats as being exempt from sales tax, are subject to sales tax. "Final determination" shall mean an assessment by the Department of Revenue that is no longer subject to protest, or a determination of a court having jurisdiction over such matters that is final and not subject to appeal. Subcontractor agrees to promptly notify Owner of any audit, assessment, proposed assessment or notice of deficiency issued with regard to the Project and relating to Owner-Furnished Materials. 10. On a monthly basis, Subcontractor shall be required to review invoices submitted by all suppliers of Owner-Furnished Materials delivered to the Project during the month for use by the Subcontractor and either concur or object to the Owner's issuance of payment to the suppliers, based upon Subcontractor's records of materials delivered to the site and any defects in such materials. 11. In order to arrange for the prompt payment to the supplier, the Subcontractor shall provide to the Owner a listing indicating the acceptance of the goods or materials within 15 days of receipt of said goods or materials. The list shall include a copy of all applicable Purchase Orders which will include owner's Certificate of Exemption number, invoices, delivery tickets, written acceptance of the delivered item, and such other documentation as may be reasonably required by the Owner. The check will be released, delivered and remitted directly to the supplier. The Subcontractor agrees to assist the Owner to immediately obtain partial or final release or waivers as appropriate. At the end of the Project. Subcontractor will be provided with a deductive Change Order for the cost incurred by the Owner to provide all Owner-Furnished Materials. Salvage materials shall be stored or removed from the site by the Subcontractor at the Owner's direction, or may be tumed over to the Subcontractor for salvage or disposal at the Subcontractor's option. ATTACHMENT "C" To C N~ -, , L!CONTRACTOR) (SUBCONTRACTOR) From 'N'. Project PROCESS AIR SYSTEM UPGRADE FOR THE MARSHALL STREET ADVANCED POLLUTION CONTROL FACILITY. CONTRACT # 07-GOO3-UT This project qualifies the Owner to utilize its sales tax exemption for the purchase of materials used in the project. In order to do this, the City of Clearwater, Florida, (Owner) must pay for the materials directly. This shall be accomplished in the following manner: 1. Subcontracts will be issued by Contractor to Subcontractors in the usual manner, including sales tax. 2. Subcontractors will prepare their material orders and forward same to Contractor so that City of Clearwater (owner) purchase orders may be placed for these materials. 3. Contractor will return to the Subcontractor a copy of the City of Clearwater (owner) purchase order on behalf of the City of Clearwater (Owner). It shall read: To: Supplier For: Material per attached Subcontractor order, 4. The material supplier will then bill the City of Clearwater (Owner) c/o "Subcontractor" c/o Contractor. Subcontractor will approve invoice and send to Contractor who will submit same to City of Clearwater (Owner) for payment. 5.City of Clearwater (Owner) will then pay the invoice directly and the Subcontractor will be issued a deductive change order for the amount of the invoice plus sales tax. It is imperative that the Subcontractor approve the invoices and forward them to Contractor by the of each month for payment by the _' Those received after the _ will be processed in the next month's billing cycle. ATTACHMENT 0 PROCEDURE FOR GENERATING SUB-CONTRACTOR DIRECT PURCHASE ORDERS FOR SALES TAX CREDITS 1. General Contractor will submit requisition for materials with vendor information required (see vendor application form), item description, quantity if applicable, price, etc. Also included will be the sales tax savings amount. 2. Architect will review the requisition, and forward to the project manager for approval and preparation of electronic purchase requisition. Requisition must contain project number as well as correct account number. 3. Project Manager will then request requisition approval from the Finance Director. 4. Purchasing will issue purchase order and will mail, fax, or otherwise distribute purchase order as requested. 5. A purchase order summary report will be maintained indicating the following: purchase order number, owner Certificate of Exemption number, vendor, total amount of P.O., total tax savings, amount previously requested, amount of current request, and remaining balance of P.O. This report will be updated and issued with each group of payment requests (monthly). 6. Payment requests with invoices must have receiving paperwork with authorized signatures and must be submitted for approval as indicated below: 7. Payment authorization sequence: invoices must be submitted for approval in the following order: a. General Contractor b. Architect c. Project Manager d. Engineering/City Manager e. Purchasing/for processing only f. Finance/for processing only CITY OF CLEARWATER Process Air System Upqrade for the Marshall Street Advanced Pollution Control Facilitv (Contract # 07-0003-UT) Contractor: CEI: PROCEDURES FOR SALES TAX SAVINGS, REQUESTS TO REQUISITION and RECEIVINGIINVOICING Addendum to AQreement for Construction: 1. See separate instructions for completing the Addendum to Agreement. Process procedures for tax savin~s: 2. Completion of the Request to Requisition forms by Contractor. 3. Approved by CEI. Approver(s): 4. Original to PW EngineeringlMarty Pages for processing of P.O. requisition. 5. Based on Request to Requisition forms a schedule will be prepared for the City's Purchasing Manager to reduce the Contractor's P.O. by the amount of the P.O.s to the Materials Suppliers. It is important to process as many material supplier Requests to Requisition as possible at one time thereby reducing the amount of changes necessary to Contractor's P.O. Construction contract will not change and the sum of the P.O.s to the Materials Suppliers plus the Contractor's P.O will represent the total contract commitment. Before sendinCl to the PurchasinCl ManaCler, the schedule will be forwarded to the Construction Office, CEI and Contractor's representative for approval. We will need the e-mail address for the Contractor's & CEI's contact person(s' for this process. 6. The estimated sales tax savings for each materials requisition will be deducted from the primary lines of Contractor's P.O. A related Sales Tax Savings line for each charge code will be added to the Contractor's P.O. No changes will be made to the sales tax savings lines until all materials are purchased, received, accepted and paid for unless additional materials purchases are necessary. 7. Closing of the sales tax savings line on the Contractor's P.O. can only be done through a change order (Recommendation is that it's done on the final C/O). Process procedures for reQuest to reQuisition forms: 1. General description is a brief recap (sewer lines and manholes; water lines; etc) 2. Contractor should include their fax number as well as a contact number. 3. In the description section of the Request to Requisition include any special delivery instructions. 4. Indicate whether or not retainage is to be withheld. City's standard is 5%. 5. Include the address where the supplier is to mail invoices. 6. Where applicable, shipping and handling costs should be listed as a line item on the request to requisition. 7. City staff will complete the charge code line. Procedures where a detailed line item proposal has been received from the ODP supplier: 4/4/2008 Page I of3 Beachwalk, Phases 2, 3 & 4 - sales tax savings, request to requisition, receiving & invoice processing procedures Page 2 of3 a. On the request to requisition summarize the materials to be ordered by type of system (stormwater, streets, water, sewer, reclaimed, etc) giving the total dollar amount per for each system. Leave 2 line spaces between each system to allow for the addition of the City's charge code. b. Attach the supplier's proposal to be mailed as an attachment to the purchase order. Procedures where a detailed line item proposal is not available: c. Provide quantities and detailed descriptions of the items to be ordered, per unit and total cost as the City's P.O. will be sent directly to the Materials Supplier. d. Materials on each request to requisition should be grouped in relation to the major billing line items on Contractor's P.O. Leave 2 spaces between each group, as the City will add the appropriate charge codes. 8. The requesting official will be the Contractor's official with authority to procure materials. Contractor's authorized procurer(s): 9. The official approving that the materials requested meet the design specifications will be authorized personnel from the CEI only. Authorized approvers: NOTE: Anv materials ordered bv the contractor that are not included on the Citv's issued purchase order or anv amounts ordered that exceed the amounts on the Citv issued purchase order MUST be separatelv ordered pursuant to a purchase order directlv between the supplier and the contractor. These materials MUST be invoiced separatelv from the materials supplied pursuant to the Citv issued purchase order. Process procedures for receivina and invoicina: 1. Upon receipt of materials, Contractor's representative will provide a receiving report or on the packing list, sian off and date approving the receipt. This acknowledges that the materials are in usable condition and the quantity received. 2. The Contractor will retain the original receiving report or packing slip to be compared with the Materials Supplier's invoice. 3. The Materials Suppliers will be instructed on the City's P.O. to send their original invoice to the Contractor to the attention of 4. Contractor will compare the receiving reporUpacking slip with the invoice and approve the payment if they are in agreement. Any discrepancies with the invoice are to be resolved between the Contractor and the Materials Supplier. If the invoice is in error, it can be corrected by the Contractor before forwarding for payment. a. A corrected supplier's invoice can be paid up to the amount of the originally issued invoice but not in excess of that amount. b. None of the original data on the invoice can be obliterated. If it is the City will return the invoice for replacement by a corrected one from the supplier. c. If the corrections cause the invoice amount to exceed the original billed amount, the excess must be invoiced separately by the supplier and is to have the same support documentation as all other invoices to be paid. d. Supplier invoices for retainage amounts, if any has been withheld, are not required support documentation but must follow the approval process as all other invoices. 5. After approval the Contractor will forward the original receiving report or packing slip and invoice to City of Clearwater, Public Services/Construction Office, Attn: Perry Lopez. City of Clearwater Construction Division Beachwalk, Phases 2, 3 & 4 - sales tax savings, request to requisition, receiving & invoice processing procedures Page 3 of3 Attn: Perry Lopez 410 N, Myrtle Avenue Clearwater, FL 33755 6, After approval the Construction Office will forward the original receiving report or packing slip and invoice to Marty Pages in Engineering for payment processing, 7. Steps 1 through 6 will be followed for each materials receipt and invoice. 8. Materials purchase P.O.s can be closed only upon completion of the materials acquisition and at the approval of the Contractor. 9. Upon closing of a materials purchase P.O. any unused balance will be added back to the appropriate line(s) on Contractor's P.O. ClosinQ of Contractor's P.O.: 1. All Materials Suppliers' P.O. 's must be closed prior to the final change order and closing of the Contractor's P.O. ~ PUBLIC WORKS ADMINISTRATION o >- .... o REQUEST TO REQUISITION STANDARD PURCHASE ORDER General Item Description: Vendor: Street Address: City/State/Zip: Phone No: Receiving Location (Ship to): Street Address: City/State/Zip: Requested by: Phone Number: Date Needed by: Expense Code: (City will complete) Units Detailed Description Price Per line # Quantitv ($, etc.) (List shipping & handling charges, if applicable) Each Total Date: Date: Requesting Official Approving Official Title and Organization - Contractor Title and Organization - C.E.1. Services PWA\PublicServices\Construction\Forms\1322-XXXX Request to Requisition\Revised 2/07/05 Completed forms are routed for approval to contracted C.E.&1. Firm and/or to Engineering. Engineering will process and provide records retention according to City of Clearwater's Records Management Program. Page 1 of 2 """!"W"""'---. -~, Page 2 of 2 >- ...... ~ o o PUBLIC WORKS ADMINISTRATION REQUEST TO REQUISITION (Continuation page) STANDARD PURCHASE ORDER Requested by: Phone Number: Date Needed by: Expense Code: Units Detailed Description Price Per Line # Quantity ($, etc.) (List shipping & handling charges, if applicable) Each Total PWA\PublicServices\Construction\Forms\1313-XXXX Request to Requisition\Revised 2/07/05 Completed forms are routed for approval to contracted C.E.&1. Firm and/or to Engineering. Engineering will process and provide records retention according to City of Clearwater's Records Management Program.