SKYCREST RECLAIMED WATER SYSTEM CONTRACT 1 - BOOSTER PUMP STATION - 07-0013-UT - ADDENDUM TO AGREEMENT - SECTION 11309 - BOOSTER PUMPS / SECTION 16370 - VFD'SLL
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PUBLIC WORKS ADMINISTRATION
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Section 11309- Booster Pumps /Section 16370 - VFD's
Vendor: Tom Evans Environmental, Inc. Email: cp@tomevans.com
Street Address: 3605 Ventura Drive East
City/State/Zip: Lakeland, FL 33811
Receiving Location (Ship to): City of Clearwater - Sk crest Booster Pump Station Contract 1
Street Address: 901 Saturn Avenue
City/State/Zip: Clearwater, FL 33755
Requested by: RTD Construction, Inc. - Michele Campbell - Project Manager
Email: MicheleCampbell@RtdConstruction.com
Phone Number: 813-783-9119 Fax 813-783-9333
Date Needed by: Two (2) weeks after formal approval of shop drawings and release of
equipment b RTD Construction, Inc.
Expense Code: 0315-96739-563800-533-000-0000
Line #
Quantit Units
$ etc. Detailed Description
(List shipping & handling charges, if applicable) Price Per
Each
Total
2k 1 EA Peerless Horizontal Split Case Pumps with
VFD's (including Freight) Model6AE14 $34,000.00 $34,000.00
Tax Savings 6% plus $50 surtax $2,090.00
2k 1 EA Peerless Horizontal Split Case Pumps with
VFD's (including Freight) Model6AE14 $34,000.00 $34,000.00
Tax Savings 6% plus $50 surtax $2,090.00
2k 1 EA Peerless Horizontal Split Case Pumps with
VFD's (including Freight) Model8AE15 $54,000.00 $54,000.00
Tax Savings 6% plus $50 surtax $3,290.00
Three (3) copies of O & M manuals shall be
submitted per Section 01300-1.9
Withhold 5% Retaina e
TOTAL PURCHASE ORDER AMOUNT $122,000.00
_ /Michele C_am ell Date: 10/2009 Date://-/9L"d;P0
Requesting Offficial pproving Official
??-'" -' CA??
Project Manager - RTD Construe ion Inc. ?+ ?- A" °? ?.
Title and Organization Title and Organization
Completed forms are routed for approval to contracted C.E.&I. Firm and to Engineering. Engineering will process and provide records retention according to the City
of Clearwater's Records Management Program.
Page 1 of 1
ADDENDUM TO AGREEMEN'r FOR (-ONS'CRLICTION OF
SKYCREST REC , ll ATER YS - CONTRACT 1:
BO T PUMP A IU
CITY OF CLEARWATER CONTRACT No. 07-0013-U
In reference to contract # 1 07--0013--UT dated WJu]_y 30 _ 2009 between City of Clearwater, the Owner, and
RTD Construction Inc I tite 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", "B", 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".
5.1he 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:
Date: 7.
William B. Horne II
City Manager/Owner
CONTRACTOR:
Date: 10 -W-La-0
Contractor
RTD Constr-uctin", Inc.
ATTEST: f 4, ,..
ATTEST:
CIS
Cy is E. Goudeau ?.
?
Cit lerk ,(?,,, s Secretary
(City's Corporate Seal)
'!?II
APf LIVED AS 1"0 FORM:
Leslie K. Dougall- i ?W
e
Assistant City Attorne
ATTACHMENT "A"
FROM CITY OE CLEARWATER (OWNER)
RTD CONSTRUCTION, INC.
ONTRACTOR)
OWNER-FURNISHED MATERIALS
PROJECT:"Bl»IZT 1118016 IMED?1 A SYSTEM M T'ye @QOST®R PUNI"TION
(07-0073-iM
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 tho risk of darnago or loss during the thrio 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. Tile
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.
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 incorporaind in the Contractor's Work.
7. 1 he Contractor A ii,;ill bo responsible for obtaining and managing all warranties and guarantees for all
materiels ,,riui pr(,flucts as rrrcluirr.rl by tlu, Contract Ctocumc3nt5 All repair, maintenance, ai damage-repair (,-ills shall
be forwardod to the Contractor for resolution with the appiopriate supplier, veridor, or subconlractor.
'r 1,4, awith- tandin. i ille ti m4er of ()wiwr-Fuurishecl Motu ils by the )wnei to the. G "Itrractor's possc;sSion, the
"not I, Iii -i-in - , jai in I cacil'It€aille IitlE. to -my an I ill r.??ti?ler i gun :h, I fv1.ii I:Ii 11,6"
9. The Owner shall indemnify and hold Contractor harmless frorn 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. As Invoices are received, Contractor shall be required to review invoices submitted by all suppliers of
Owner-Furnished Materials delivered to the Project during that delivery 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 thirty (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 fsupplier. 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 far 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, ar may be turned over to the Contractor for f,aivage or disposal at the Contractor's option.
12. The Contractor shall be entitled to the bonofits 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.
ATTACHMENT "B"
FROM RTD CONSTRUCTION, INC. (CONTRACTOR)
TO TOM EVANS ENVIRONMENTAL a _INC . (SUBCONTRACTOR)
OWNER-FURNISHED MATERIALS
PROJECT:,,$KYCREST RECLAIMED WA ER SYSTEM - CONTRACT 1 c 8008TER PUMP S'T'ATION
(07-0073-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.
I 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 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 Woi k.
7. The,iubcontiactor shall be responsible for obtaining and rnanGaging all warranties and quarantees for all
rriaterials ..and prod uuts ?v, tegtdre=-d by the Contract Documents. All repair, maintenance, of dan grade-repair calls shall
be forwanlod to for ie?solution with the appropriate supplier, vender, or s> ib Subco nti.actor.
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. As invoices are received, Subcontractor shall be required to review invoices submitted by all suppliers of
Owner-Furnished Materials delivered to the Project during that delivery 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 fifteen (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 turned over to the Subcontractor for salvage or disposal at the
Subcontractor's option.
A'T'TACHMENT "C"
From RTD CONSTRUCTION, INC. (CONTRACTOR)
To TOM EVANS ENVIRONMENTAL, INC. (SUBCONTRACTOR)
PROJECT: SKYCREST RECLAAIMIRD WATER SYSTEM -CONTRACT 11 BOOSTER PUMP STATION
O7nQQ13-UT1
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.
XrTACHMENr "D"
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. 'rhis 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