CLEARWATER CLARIFIER REHABILITATION - NORTHEAST WRF CLARIFIERS 1-4 REHABILITATION - 10-0023-UT - ADDENDUM TO AGREEEMENT FOR CONSTRUCTION - WALKER PROCESS EQUIPMENT',�
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ADDENDUM TO AGREEMENT FOR CONSTRUCTI4N C)F
CLEARWATER CLARIFIER REHABILtTAT14N PROJECT
CITY QF CLEARWATER CfJNTRACT #10-0023•UT:
In reference ta contract # 10-0023-UT dated �8 � � , between Gity of Clearwater, the Owner,
and �TA coNSrRUG'�oN�ldhe Contractor, �t �s further AGREEO as foifows:
t. The Ow�er has reserved the right to p�rchase certain portions of the material for the Prajeci direetly
in order to save applicable sales tax in compliance with Florida law since owner is exempt f�om the payment
ot sales tax.
2. The attachments letlered "A", "B", and "C". attached hereto (as amended by �vtations thereon) and
incorporated herein shall be executed by the Contractor and applicable Sub-contractors and the ierms thereoi
shail govern the purchase af materials for the Project as determined by the C3wner.
3. The contract pcice stiall be reduced by the cost of the materials purchased try awner plus the
narmai�y applicabis sa�es tax as t�id by the Coritractor evsn if the casi is in excess �f the cost for the materials
as �d by the t�ontracfor. However, for purposas of �alcuiating engineering fees, contractor f�es. ar�t�itects
fees, and any other amounts that are based on the contract amount, the origina� ccsnteact amount shail be
,aseci
;. Ttl� C:ontr,�Ctor �eSetv�s the right tq �uthor�ze payments ac.sr �„vciced materials. pr�n� tc> �';��vn��'s
�utt�t�r+z;�tian process. as o�,thned in Aitachn��r�t �D`,
5. i he Contracior vv��l assist tawner �n c�wner's direct purchase �f n,aterrals �ar ttie �raJec,t. H�wever,
c,wner ackr�owiedges that Contractor's 5ub-contractors nonetheless each r�serves the righi ta purchase
pro�ect materials directly, wrthaut Owne�'s prior approvai and consequent power to eliminate rein�bursement ot
sales tax.
ihis addendum, �pon its execution by both parties, is rr�ade an mtegral part of the atorementioned agreement.
CITY QF CLEARWATER:
Date: �l' � � � � � ,�.--
.����.�%I.�y � ,
�ity Manager/Owner
ATTEST:
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City �(erk
(Citys Cu ar S i
APPR
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CONTRACTOR;
Date. 9 g ��f __._____
(L'rA �o,�IS�UGTtO/� , ZrI � ,
Coniractor
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ATTACHMENT "A"
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FROM: CITY OF CL�ARkj(ATEg (OWNER)
TO: lZ� �oNsT'�ucrron� , r�t� . (CONTRACTORj
OWNER-FURNISHEO MA7ERIALS
PROJECT: CLEARWATER CLARIFIER REHABIL.ITA710N PROJECT
CITY OR CLEAf�WATER CONTRACT #1Q-002;i-UT:
1. The Cantract Price includes Florida sale� and other applicable taxes for materiai, supplies,
and equipment which wili be a part of the Contractor's Work. The owner, being exempt from sales tax,
reserves the right to make direct pu�chases of va�tous cunstructi�n materials included in the Contractor's
contract. Owner-purchasing of construction material, ifselected, will be administered on a deductive Change
Order basis. Additionally, Purch�se Ordero will include Owner's Certificate of Exemption number.
2. The Gontractor shall provide the Owner a list af ail intended suppNers, vendors, and material
for aonsideration as Owner-Fumishsd Materia(s. The Contractor shall submit prfce quotes from the vendors,
as well as a description of the materials to be supplied, estimated quantities, and prices.
3. The Contractar shail be fuily responsible for all matters relating to the receipt of materials
furnished by the Owner in accordance with these Speciai Provisions including, but not limited to, verifying
correct quantit(es, ve�ifying documents of orders in a timely manner, coordinadng purchases, providing and
obtaining all wa�ranties and guarantees required by the Contract Documents, inspection and acceptance of
the goods at the time of delivery due to the ne�igence of the Contractor. However, the owner assumes the
Nsk of damege or loss during the time that the building materials are physically stored at the job site
prior to their instellation or tncorporation Into the pro)ect. 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 Coritra�tor sh�ll provide all services required for the
unloading and handling of materials. The Contractor agrees to indemnify and hold ha�mless the Owne� from
any and afl claims of whatever nature resuiting fram non-payment of goods to suppiiers arising from the act+on
of the Contractor.
4. As Uwner-Furnished Materials are delivered to the job site, the Contractor shall visually
inspect ali shipments from the suppliers, and approve the vendor's invoice for materiai delivered. The
Contractor shali assure that each delivery of 4wner-Furnished Materials is accompanied by documentation
adequate to identify the Purchase Order against which the purchase Es made. This documentation may consist
of a delivery ticket and an invoics from the supplier conforming to the Purchase Order together with such
additional information as the Owner may require. The Contractor will then forwarci the invoice to the Owner for
payment, pursuant to Attachment A of this Contract.
5. The Contractor shali insure that �wner-Furnished Materiais conform to the Specifications and
determine prior ta acceptance of goods at time of delivery if such materials are patently defective, and whether
such materials are identical to the maie�ials orde�ed and match the description on the bili of lading. If the
Contractor discovers defective or non-contormities in �wner-Furnished Materials upon such visuai inspection,
the Contractor shall not utilize such nonconiorming 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. lf the Contractor faiis to perform
such inspection and otherwise incorporates into the Contractor's Work such defective or nonconforming
Owner-Furnished Materiais, the condition of which it either knew or should have known by performance of an
inspection, Contractor shall be responsible for ail damages to the Owner, resulting from Contractor's
incorporation of such materiais into the Project, including fiquidating or delay damages.
6. The Contractor shall malntain 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-Fumished Materials delivered into the Contractor's possession,
indicating portions of all such materials which have been incorporated in the Contractor's Work.
Appendix A.doc
(�M1/?6/11
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ATTAGMMENT "B"
FROM R� �NSrRu�Tioni , � c. (CONTRACTOR)
TO W��k�E R PRo��s 5�.b� 1 PM�iVT (SUBC4NTRACTOR)
UWNER-FURNISHED MATERIAIS
PROJECT: CL�ARWATER CLARIFI�R REHABILRATION PROJECT
Cil"Y OF CL�AHWAT�R CONTRACT #10-0023-UT:
1. The Cor�traci Price includes Fiorida sales and other appiicable taxes for material, supp�es,
and equipment which will be a part of the Subcontraator's Work. The Owner, being exempt from sales tax,
reserves the right to make direct purch�ses of various construction materials included in the Subcontractor's
coMract. Owner-Purchasing of oonstructioh m�terial, if selected, wiU be administ�red on a deductive Change
Order basis. Additionaily, Purohase Orders will inalude owner's Certifiaatlon of Exemption number.
2. The Subcontractor shall provide the owner a Ifst of ali lrnended suppliers, vendors� and
material for consideration as Owner-Furnished Materials. The Subcontractor shall submit prlce quotes from
the vendors, as well as a descripUon of the materials to be supplied, estimated quandties, and prices.
3. The Subcontractor shail be fully responsible for all matters relating to the receipt af materials
furnished by the Owner in accardance with these Speciai Provisions including, but not Iimited to, verifying
cotrect quantlties, ve�[fying documents of orders in a tlmely manner, coordinating purchas�s, providing and
obtaining all warranti�s and guarantess required by the Cont�act Documents, inspection and acceptance of
the goods at the time of delivery due to the negligence of the Subcontractor. Howeve�, the Owner assumes
the risk of damage or loss du�ing the time that the buiiding materlals are physically stored at the Job site prior
to their installation or incorporation irno the project. The 5ubcantractor shali 000rdinate delivery schedules.
sequence of delivery, loading orientation, and other arrangements normally required by the SubcoMractor for
the particular material fumished. The Subcontractor shall provide ail services required for the unloading and
handling of mate�ials. The Suboontractor agrees to indemnify and hotd harmless the Owner from any and all
claims of whatever nature resutting from non-payment of goods to suppliers arising fram the action of the
Subcontractor.
4. As Owner-Furnished Materiais are delivered to the job site, the Subcontractar 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 accompanisd by documentation
adequate to +dentify 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 wiil then forward the invoice to the Owner
for payment, pursuant to Attachment "A" of this Contract.
5. The Subcontractor shafl insure that Owner-Furnished Materials conform to the Spec'rfications
and determine prior to incorporation into the Subcontractors Woi1c if such materials are paterrtiy 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 shail not utilize such nonconforming or defecbve materials in the Subcontractor's
Woric and instead shall properly notify the Owner of the defective or nonconiorming condition so that repair or
replacement of those materiais can occur without undue delay or ir�terruption to the Project. If the Contractor
fails to perform such inspection and otherwise incorporates into the Subcontractor's Worlc 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 ai) damages to the owner, resufting 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
Subcont�actor'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 whfch have been incorporated in the Subcontractor's
Work.
Appendix A.doc �nb>> �
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7. The Contractor shail be responsible tor obtairting and managing all warranties and guarantees
for ali materiais and products as required by the Contract Documents. Ali repair, maintenance, or damage-
repair calis shall be farwarded ta the Camracior for resolutian with tfie appropriate suppiier, 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. Ths Ownar shall indemnify and hold Contractor harmiess from any sales tax (and interest and
penaities incurred in connectio� th�rewith) in the evertt there is a final determination that sales made by
Owner, which Owner treats as being exempt from sales tax, ate subject to sales tax. "Final determination"
shail mean an assessment by the Qepartment of Revenue that is no Ronger subject to protest, or a
determination of a court having jurisdictio� over such matte�s that is final and not subjecf ta appeal. Corrtractor
agrees ta pramptly notiiy owner of any audit, assessment, proposed assessmsnt or notice of deficiency issued
w+th regard ro the Project and relating to Owner-Furnished Materials.
10. As mvoices are received, Contractar shall be required to review invaices submitted by all
suppliers af Owne�-Furnished Matenals detivered to the Project during that delivery for use by the Contractar
and either concu� or abject io the Owner's issuance of payment to the suppliers. hased upon Coniractor's
records of matenals deliv�red lo the site and any defects in such materials.
11. In order to arrange for the prompt paymenk to the supplier, the Conkractor shall provide ia the
�wrler a Misling indicating the acceptance of the goods or materials w�thir7 thirty {30) clays vt receipt c�f saisi
goads or materials, The lis! s17a11 inclu�e a copy oi afl appf�cable Purchase C►rders whlch will inc�ude owner's
Gertiflcate ot Exemptian nurnber. invoices. deliv��y tiCkets. writt�� acceptance of the d�livered item, and such
�ther documentation as may be reasonabl�r required by the Owner. 7he check wilt be released, detivered and
remitted dir�ctfy 10 the supp(ier. 1'he Contra�tor agrees to assist the Owner to �mmediately obtain paRial or
fina) release or wa�vers as appropriate. At the end of the Project, Contractor wilf be provided with a dedu�t�ve
Change Order for the cost in�urred by the C�wner to provide au �wner-FUr�ished Materiais. Salvage mat�rials
shall be stored or removed from the site by the �ontractor at the Owner's direction, or may be turned over to
the Contt�ctar for salvage ar dispasal at the Contractar's optio�.
12, The Contractor shall be eMitled to the benefits �f any discounts attnbutable to the early
payment of vendor invoices for materials furnished by the Owner pursuant to the Spec'rfications.
13. The Cantract between Contractar and Owner is hereby amended ta clanfy that Owner-
Furnished Material shall be included in the Cost of the W ork for the purpose of determining the Contract Sum
due Contractor.
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ATTACHMENT "C"
From: �TD GoNS r�uc ri a�.► � z.N L_ (CONTRACTOR)
70: W�LIG E2 pRD��s'� F� 1�/N �NT" (SUBCONTRACTOR)
Project: GLEARWATEFi CLARIFIER REHABILITATION PROJECT
CITY OF CLEARWATER CONTRACT �70-0023-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 Ciry of Clearwater, Florida, (Owner) must pay for the materiais directly. This
shall be acxomplished in the foilowing manner:
1. Subcontracts wiii be issued by Contractor to Subcontractors in the usual rnanner, lncluding
sales tax.
2. 5ubcontrectors wili prepare thair material orders and forvverd same ta Contractor so that City
of Clearwater (owner) purchase orders may be placed for these materials.
3. Contract�r will retum to the Subcontractor a copy of the City of Ciearwate� (owner) purchase
order on behalf of the City of Clearwater (Owner). It shail read:
To: Supplier
For: Material pe� attached Subcontractor order,
4. The materiai supplier will then bill the Ciry of Clearwater (Owner) c/o "Subcontracto�" clo
Contractor. Subcontractor w111 approve invoice and send to Contractor who will submit same
to Ciry of Clearwater (Ow�er) for payment.
5. City of Clearvvater (Owner) witl then pay the invoice directly and the Subcontractor will be
issued a deductive change o�der for the amount of the invoice plus sales tax.
it is imperative that the Subcontractor approve the invoices and forvuard them to Contractor by the �'�� of
each month for payment by the . Those received after the Zs� will be processed in the next month's
biliing cycle.
Appendix A.doc (k3/26/1 1
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7. The 5ubcontractor shali be responsible for obtaining and managing ali warrarrties and
guarantees for ali materials and products as required by the Contract Dpcuments. Atl repair, maintenance, or
damage-repair catis shatl be fon+varderl to the Subcontractor for resolution with the appropriate supplie�,
vendor, or sub-subcontractor,
8. No#withstanding the transfer of Owner-Fumished Mate�ials by the Uwner to the
Subcontractor's possession, the Owner shaii retain legal and equitable title to any and ali Owner-Furnished
Materials.
9. The Owner shall indemnify and hold Subcontractor harmless from any sales tax (and interest
and penalties incur�ed in connection therewith) ln the event there is a final determination that sales made by
Owner, which Owne� treats as being exempt from sales tax, are subJect ta sales tax. "Final determination"
shall mean an assessment by the Department of Revenue that is no ionger subject to protest, ar a
determination of a court having jurisdiction over such matters that is finaf and not subject to appeal.
Subcontracta� agrees to promptly notify Owner of any audit, assessment, proposed assessmant or natice 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 invaices submitted by a11
suppliers of Owner-Fumished Materials delivered ta the Project during that del�very fQr use b� ihe
Subcontractor and either cancur or object to ihe Owner's issuance at payment ip the suppliers, based upt�n
Subcontracior's records of materials delive�ed to the site and any defects in such materials.
� t !n �rder to arrange tor the prompt payment tu tf�e supplier, t�ie Subcontracto� shaii pro�id� tc�
the tJwner a iisting indicatir�g ti�� �ccepta�Ge of the c�c�ads or materiais with�n fifteen t� 5) d�ys c,f r�c!�ipt �t
��id goods �r rnatenals. The list shail include a cc�py �1 al� applicable Purchase Qrders which w�A includ�
c,wr�er's Ce�tificate of Exemption number, invoices. delivery tickgts. written acceptar,ce of the de�ivered item,
a�jd such other doc�mentatian as may be reasonably required by 1he C3wner. The ch�ctc wili be �eieased.
delivered and remitted directly to the supplier. The Subcontractar agrees to assist the Owner to immediately
aGtain partial csr final release or waivars as appraprfat�. At the �nd of the Prqj��t, SubCOntra�tor will k�e
provided wiih a deduct+ve Change Qrder Ior the cost incurred by the Owner ta provide ail Owner-Fu►nished
P�fateria4s. Sa(vage materials shall be stored or remavsd from the site by the Subcontracto� at the Qwi�er's
direction, ar may be turned over to the Subcontractor for salvage or disposal at the Subcontractor's aption.
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ATTACHMENT "D°'
} PROCEDURE FOR GENERATING SUB-CONTRACTOR DIRECT PURCHASE ORDERS FOR SALES TAX
CREDtTS
t. General Contractor will submit requisition for materiais with vendor irrformatian required (see
vendor applica�on form}� item description, quantity if appitcabie, price, etc. Also included wili
be the sales tax savings amount.
2. Architect will review the requisition, and torward to the praject manager for approval and
preparatfon of electronic purchase requisition. Requisition must �ontain projeci nurnber as
well as correct account number.
3. Project Manager will then request requisition approval from the Finance �irector.
4. Purchasing will issue purcnase nrder and will mail, fax, or othennrise distribute purchase �rder
as requested.
5. A purchase order summary report will be maintair�ed indicating the fallowing: p�rchass arder
number, owner Certificate of Exemption number, vendor. rotat amaunt af P.O., tata! tax
savings, amount previou$ly requested, amount of c�rrent request, a�ci rema�ning balance of
P O. This report wilt be updated and issued with each group of payment �equests 1rt�orjU��y)
�r Payment requests with �nvoices must have receiv�ng papenerark with authari4�d s�g�latures
and must be subm�tt�c,i tor approvai as indicated betow�
� Payment authorization sequence� invo�ces must be submitted f�r approva� in �hP t7lfnwir'1r�
order:
a. General Contractor
b. Architect
c. Project Manager
d. Engineering/City Manager
e. Purchasinglfor processing only
f. Finance/for processing only
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PUBLIC WORKS ADMINISTRATION
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
Section 11225 — Clarifiers
General Item Description:
Vendor: Walker Process Equipment - Randy Stevenson, rstevenson@walker-process.com
Street Address: 840 N.Russell Ave. (630) 264-5212
City/State/Zip: Aurora, IL 60506
Receiving Location (Ship to): City of Clearwater — Northeast WRF Plant — Clarifier Rehab
Project
Street Address: 1605 Harbor Dr.
City/State/Zip: Clearwater, FI 33755
Requested by: RTD Construction Inc — Alex Zettle — Project Manager
Email: AlexZettel@RtdConstruction.com
Phone Number: 813-783-9119 Fax 813-783-9333
Date Needed by: Eight-Ten (8-10) weeks after formal approval of shop drawings and release of
eauiament bv RTD.
se Code:
Line #
1a
1b
Units Detailed Description
s, g{C. (List shipping 8� handling charges, if applicable)
LS (4) Walker Process Pier Supported Circular Clarifiers
t e RSMTP for 100'-0" dia. x 12'-2" S.W.D. tanks.
Equipment shall be in accordance with the applicable
technical spec, and all other applicable provisions (shop
drawings, O&Ms, warranties, etc.), of Wharton-Smith's
contract (#11-0053-UT) with the City. Spare parts
provided as per specifications. SIx (6) week for submittal
re aration. Frei ht included.
Start up services and training are included on the above
lum sum rice.
LS Sales Tax Savings on Equipment
*** Hold 10% Retain
Date: 8/10/12
Re
Alex ettle. Project Manaqer - RTD.
Title and Organization
Price Per
Each
$365,930.00
$25,070.00
Tom Traina, Kinca Engineerinq
ttraina@kingengineering.com
Also copy Tara Kivett, City of Clearwater PM,tara.kivett@myclearwater.com
Total
i5,930.00
$25, 070.00
Date: 8/10/12
Completed forms are routed for approval to Engineering. Engineering will process and provide records retention according to City of
Clearwater's Records Management Program.
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