CLEARWATER CLARIFIER REHABILITATION - NORTHEAST WRF CLARIFIERS 1-4 REHABILITATION - 10-0023-UT - ADDENDUM TO AGREEMENT FOR CONSTRUCTION - HUDSON PUMP AND EQUIPMENTf+.
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ADDENDUM TO AGREEMENT FOR CONSTRUCTION OF
CIEARWATER CLARIFlER REHABILITATION PRC�JECT
CITY OF CLEARWATER CONTRACT #1 U-0023-UT:
In reference ta contract # 1-002 -� !t T dated �$ �� , between City of Clearwater, the Owner,
and �%� �S�J��rto�l, 42he Contractor, it is further AGREED as follows:
1. The Uwner has reserved the right to purchase certain portions of the material for the Project directly
in arder to save applicable sales tax in compliance with Florida Law since owner is exempt from the payment
ot sa�es tax.
2. The attachments lettered "A", "B", and "C", attaehed hereto (as amended by notations thereon) and
incarporated herein shall be executed by the Contractor and applicable Sub-c�ntractors and the;erms tt►ereaf
shall govem the purchase of materials for the Project as determined by the Owner.
3. The contr�ct price shall be reduced by tt�e cost of the materials purchased by owner plus the
{�ormally applicable saies tax as bid by the Contractor even if the cost is in sxcess of the cost for the materials
as i�d by the �ontractar. Hawever, ior purposes of c;a�cuiating engineering fees, contractor f�es. architects
fees, anci any oiher amounis that are based on the contract arnount, the original caniract amaunt shall be
i�sed
�t. i h� Gontractar resenr�s ti�e rigtit 10 authorize paYmeats #ar +;�vctced mat�f,als, �r�c�r ta +'�wne�'s �
�,�thoriz�tian prvicess. as o��tl�ned in Attachment °D".
5. T��e CoMracior wiq ass�si 4wr�er �n owr�er's cfirect purctiase of �77ater�als tar the pro}�ct. H�wever.
owner acknowledges ihat Contractor's Sub-contractors nonetheless each reserves the right to purchasa
pro�ect malerials directly, without t�wner's priar approval and consequent �wer to eliminate re�imbursement oi
581(?S tdY..
This addendum, upon its execuUan by both parties, is made an integral part of the aforementinn�d agreement.
CtTY C►F CLEARWATER:
Date: _ C.iLi.� c:L•� �l i �1-�--
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City ManageriOwner
CONTRACTOR:
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Contractor
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FROM: ,�ITY OF CL�ARj�1jATER (OWN�R)
TO: �77) f�s TRu �T7d "� . zs�� - (CON7RACTOR)
OWNER-FURNISHED MATERIAI.S
RR4JECT: CLEARWAT�R CI.ARIF�I�R R�HABILITATION PROJECT
CITY OR CLEARWATER CONTRACT #10-0023-UT:
1. 7he Contract Prlce includ�s Florida salos and other applicable taxes fo� material, supplles,
and equipment which will be a part of the Contractors Work. The owner, being exempt from sales tax,
reserves the right to make direct purchases of various constructian materials included in the CoMractar's
contract. Owner-purchasing of construction material, ff selected, will be administered on a deductive Change
Order basis. Additionally, Pu�che�se Orde�t will Include Owneir's Certificate of Exemption number.
2. Th� Corrtractor �hall provide the Uwner a list of all intended suppliers, vendors, a�nd mat�rial
for consideration as Ownar-Fumishect Materials. The Contractor shall �ubmit price quotes from the aendors,
as weil as a description of the materials to be supplied, estimated quantities, and prices.
3. The Cont�actor shall be fuily responsible for all matters relating to the receipt of materials
furnished by the Owner in accordance with these Special Provlsions including, but not limited to, verifying
correct quantities, verifying documents of orders in a timely manner, caordinating purchases, providing and
obtalning all warranUes and gua►antees requfred by the Contract Documents, inspection �nd acceptance of
the goods at the time of delivery due to the negligence of the Contractor. However, the owner assumes ths
risk oi demege qr loss duHng the time that the building materials are physicaily stored at the job site
prior to their installation or incorporatian Into the proJect. The Contractor shail coordinate delivery
schedules, sequence of delivery, loading orientation, and other arrangements normally requireci by the
Contractor for the particular material fumished. The Contractor shail provide all services required for the
unioading and handiing of materials. The Contractor agrees to indemnify and hold harmless the Owne� 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 a�rove the vendor's invoice fo� material delivered. The
Contractor shall assure that each delivery of Owner-Furnished Materiais is accompa�ied 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 ConVactor will then forward the invace to the Owner for
payment, pursuant to Attachment A of this Contract.
5. The Contractor shall insure that Uwner-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-conformiaes in Owner-Furnished Materials upon such visual inspecUon,
the Gontractor shall not utilize such nonconforming or defective materials in the Contractor's Work arrcl instead
shall properly notify the Owner of the defective or nonconforming condition so that repair or replacement of
those malerials 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 candition 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 o( all Owner-Furnished Materials it incorporates inta
Contractor's Work from the stock of Owner-Furnished Materials in its possession. The Cantractor 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.
Appendix A.doc 0�I26/I I
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7. The Contractor shall be responsibie for obtaining and managing all warranties and guarantees
for all materiais and products as required by the Cantract Documents. All �epair, maintenance, or damage-
'� repair calls shall be forvvarded to the Contractor for resolution with the appropriate supplier, vendor, or
subeontractor.
8. Notwithstanding the transfer of Qwner-Furnished Materials by the Uwner to the Cantractor's
possession, the Owner shatl retain legal and equitable title to any and all Qwner-Furnished Materials.
9, The Owner shall indemnify and hold Contracior harmtess from any sales tax {and interest and
penalties incurred in connection therewittt) in the event there is a final determination that sales made by
Owner, which Qwner 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 ionger subject to protest, or a
determination of a court having jurisdickion over such matters tMat is final and not subject to appeal. Contractor
agrees to pramptly notify owner of any audit, assessment, proposed assessment or notice af deiiciency issued
with regard to the Projeci and relating to Owner-Furnished Materials.
10. As invoices are received, CoRtractor shall be required ta �eview invoices submitted by all
suppliers of Owner-Fumished Matarials delivered to the Project during that dslivery fqr use by the Goniractar
and either concur or abject to the Owner's issuance af payment to The suppliers, based upon Contractor's
records at materials delivered to the site and any defects m such materials.
t t, In order to arrange for the prompt payment to the supplier, the Contrackor sha11 provide io the
C1wr�er a iislin� indicat+ng the ac�epianc� of th� goods or mater►als within ihirty S3p? days c�i receipt of sa�d
goods or materials. The i;st shall inciude a cc�ay af aU appiicable Purchase O�ders whfch wilf inciude owner's
Gertificate af Exemption number, invoic�s, delivery tickets, written acceptancs o( tk,e deiivered item. and such
other dcrcumentation as may be reasonably required by the Owner. The check wilt be released, delivered and
rem�ited di�ectiy to the supplier. Ths Contracta agrses to assist the Owner to �mmediateiy abtain partisi or
fmal release or waiver$ as appropriale. At the end of the Project, Contractor wi�1 be provided with a deduct+ve
Ghange Order for the cQSt incurre� by the Owner ta provide a1� nwner-FUmish�ci M�ter�ais- ��Ivage mal8riais
shall be stored or removed from the site by the Contractor at the Owner's direction, o� may be turned over to
the Cantractor for salvage or disposal at the Contractor's optian.
12. The Contractor shalt be entitled ko the benefits of any discounts attnbutable t� the early
payment of vendor invoices for materials furnished by the Owner pursuant to the Spec'rfications.
13. The Gontract between Cantractor and Uwner 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 Surn
due Contractor.
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ATTACMMENT "'B"
FROM �"TA ��ST�G'n°N , �� , (CONTRACTOA)
TO F9'vD�es� /�tJMP %'r �BU)PM�iT (SUBCONTRACTOR)
QWNER-FURNISHED MATERIALS
PROJBCT: G4EARWATtsR CLARIh'I�R RLHABiLRATIQN PROJECT
C17Y Of� C�.C�ARWA'f'�R CONTRACT #10�0023-Ui:
1. The Cor�tract Price inciudes Florida sales and other applfCable taxes for material, supplies,
and aquipment which wiil be a part of the 5ubcontraator's Work. The Owner� befng exempt from sales tax,
reserves the right to make direct purchases of various cvnstrucdon materials included in the Subcontractor's
contract. C�n►ner-Purchasing of construcdon mate�al, tf �lected, will b� administered on a deductive Change
Order basis. Additlonally, Purahase Orders wili inalude owner's Certifioation of Exemption number.
2. The Subcont�actor shall prrn+ide the owner a li�t of all Ir�tended suppliers, vendors, and
material for consideration �s Owner-Fumished Materials. The Subcontractpr shall submit price quotes from
the vendors, as well as a description of the materiel� to be suppiied, estimated quantities, and prices.
3. The Subcontractor shali be fuily responsible for ali matters re{aUng to the receipt of materials
furnished by the Owner in accordance with th�se Special Provisions lnciuding, but not limited to, verifying
correct quantltfes, ve�ifying documents of orders in a timely manner, 000�dinating purchases, providing and
obtaintng all warranties and guarantees required by the Contract Documents, inspection and accsptanee of
the goods at the time of delivery due ta the negligence of the Subcontractor. However, the Owner assumes
the risk of damage or loss du�ing the time that the building materiais are physically stored at the job site prior
to their installation or incarporation into the project. The Subaontractor shali Qoordinate delivery schedules,
sequence of delivery, loading orientation, and other a�rangements normaliy required by the Subcontractor for
the particular material fumished. The Subcantractor shail provide all services required for the unioading and
handiing af materiais. The Suboontractor agrees to indemnify and hold harmless the Owner from any and aA
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 f�om the supptiers, and approve the vendor's invoice for material delivered. The
Subcontractor shali assure that each delivery of 4wner-Fur�ished Materials is accompanisd 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 Spec"rfications
and determine prior to incorporation into the Subcontractor's Work if such materials are patentiy defective, and
whether such materials are identical tv the maierials ordered and match the description on the biil of lading. If
the Subcontractor discovers defective or non-conformities in Owner-Furnished Materials upon such visual
inspection, the Subcontra�tor shall not utilize such nonconforming or defec6ve materials in the Subcontractors
Work and instead shall properly notify the Owner of the defective or nonconiorming condition so that repair or
replacement of those materials can occur without undue delay or interruption to the Project. If the Contractor
faiis to perform such inspection and othennrise incorporaies 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, 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
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 whfch have been incorporated in the Subcontractor's
Work.
Appendix A.doc C1426/1 I
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7. The Subcontractor shall be responsibfe for obtaining and managing all warrarrties and
guarantees for all materiafs and products as required by the Contract Documents. All repair, maintenance, or
damage-repair calis shall be forwarded to the Subcontractor for resolution uvith the appropriate supplier,
vendor, or sub-subcontractor.
8. Natwithstanding the transfer of Owner-Furnished Materials by the Owner ta the
Subcontractor's possession, the Owner shall retain legal and equitable title ta any and all Owner-Furnished
Materials.
9. The Uwner shail indemnify and hold Subcontractor harmless from any sales tax (and interest
and penalties incurrsd in cannection 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"
shal) 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 thai is tinal and not subject to appeai.
Subcontractor agrees ro promptly notify Qwner oE any audit. assessment, proposed assessment or notice of
deficiency issued with regard to th� Project and retating to Owner-Furnished Materials.
� 0. As invoices are received, Subcontractor shall be required to revi�w invoices submitted by al�
suppliers oi Qwner-Fumished Materials delivsred to the Project during tMat de►ivery for use by me
5ubcontracl�r and e�ther concur or ob�ect to the �wner's issuance ot payment to the suppliers, based upon
Subcontractor's records of materials delive�ed to the site and any defects in such materials.
? t In �rs�er to arrange tor ihe �rompt payment tu tt�re sup��i�r, t!7e S��iconiracta� sh�I� praw�ie ic�
tt7� �?wner a 6,ting indic�ting it�a acceptance of the c�oods or matena�s with�n fifteen � i 5) days of r�c�i�# �t
;aid ��o�s �r materiats. �The lisi sn�l1 include a ea�y ut all applicab�e Purr�has� '�'rders wl�iet� wi11 in�lude
7wner's Certiti�ate ot Exemption numi�er. invoices. deiivery tickets. written acc8ptance ot the defive►ed item.
and such oth�r ciocumentatiort as may be �easonably required by the Gwner. The ���}�ck avi1� be ie��ased.
defiwered and remitted directly to the supplier. The Subcontractor �grees to assist the C?wner to immeciiat�ly
o�tain partial or final release or waivers as appropriate At the end of the Pr�,ject, Subcantra�tor wiu be
prov�ded with a deductive Change Order for the cost incurred by ihe Owner to provkie aN C?wner-Fumished
Materials. Salvage materials shall be stored or removsd from the site by the Subcantractof �t the Owner s
direction, or may be turned over to the Subcontractor for salvage or disposal at the Subcontracto�"s option.
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ATTACHMENT "C"
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From: �� ����7'�fl^a � Zs�I�, (CONTRACTOR)
Tp; N�tlaSqu /�VM � �% �� � �M �f 1 "' (SWBCONTRACTOR)
Project: CLEARWA'f�R CLARiF1ER REHABILITATION PROJECT
CITY OF CLEARWATHR CONTRACT #10-0023-UT:
This project qualifies the Owner to utilize its sales tax exemption for the purchase of materials u�ed in the
project. In order to do this, the City of ClearwRter, Floride, (Owner) must pay for the materials dfrectly. This
shaN be accomplished in the foilowing manner:
1. Subcantracts wlll ba issued by Contractor to Subcantractors in the usual manner, inciuding
sales tax.
2. Subcohtrector� wili prepare their material orders and fon�rard same to Corrtractor so that City
of Clearwater (ownerj purchase orders may be placed for these materiais.
3. Contractor will retum to the Subcontractor a capy of the City of Clearwater (owner) purchase
order an bahalf of the City of Clearwater (Owner). It shall read:
To: Supplier
For: Material per attached Subcont�actor order,
4. The material supplier wili then bill the City of Clearvvater (Owner) c% "5ubcontractor" c%
Contractor. Subcontractor will 2ipprove invoice and send to Contractor who wiil submit same
to City of Clearwater (Owner) far payment.
5. City of Clearwater (Owner) wiit then pay the invoice directly and the Subcontractor will be
issued a deductive change ortier for the amount of the invoice plus sales tax.
It is imperative that the Subcontractor approve the invoices and forvvard them to Contractor by the �'� of
each month for payment by the . Those received after the � 1�' will be p�ocessed in the next month's
biliing cycle.
Appendix A.dnc (kt/26/I i
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ATTACHMENT "D"
,� PROCEDURE FOR GENERATiNG SUB-CONTRACTOR DIRECT PURCHASE ORDERS FOR SALES 7AX
CREDITS
t. General Contractor will submit requisition for materials with vendor information required {see
vendor application form), item desoription, quantity ff appiicabte, price, eta Aiso included wili
be the safes tax savings amount.
2. Architect will review the requisition, and forvvard to the project manager for approval and
preparatlon of electronic purchase requisition. Requisition musi oontain projeG number as
well as correct account number.
3. Project Manager wiil then request requisition approval from the Finance Diracror.
� Purchasing witl issue purchase order and will mail, fax, or otherwise distribute purchase order
as requested.
5. A purchase order summary repart wilf be ma►ntai�ied indicating the tallowing: purchase orber
number, owner Certiticate of Exemption number, vendor. total amount af P.O., total tax
savings, amount previously requested, amount of current request, and rema+ning baiance of
P t'�. This report will be updated and issued with pach group of payrnent requests (monthryi
t5 Payment requests with �nvoices must have receiv�ng paperwork with authariz�d sigriatur�s
and must be submrtted tar approva� as indicated �etow:
� Paymsnt authorization sequence: invo�ces must be suksmitted tor app►ova� �n the tr��i�w;n�
arder:
a. General Contractor
b. Architect
c. Project Manager
d. Enginesring/City Manager
e. Purchasing/for processing only
f. Finance/for processing only
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• PUBLIC WORKS ADMINISTRATION
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Section 11317 —Pum s
M/!�E �l� � �'�' • �
Vendor: Hudson Pump - Contact Name & emait address here. Ml� �'��
Street Address: 3524 CraftsmanBlvd.
City/State/Zip: Lakeland, FI 33803
Receiving Location (Ship to): City of Clearwater — NE WRF Plant — Clarifier Rehab Project
Street Address: 3290 SR 580
City/State/Zip: Safety Harbor, FL 34695
Requested by: RTD Construction, Inc. — Alex Zettel — Project Manager
Email: AIe�cZettel(a)_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
eauinment bv RTD Construction. Inc.
Code: 0376-96654-563800-563800-000-0000
Line # � Qty
1a
1b
Units
($,
etc.
LS
LS
Detailed Description
(List shipping & handling charges, if applicable)
2) ITT A-C Series 12x12x15 NSY Model 150 Horizontal
non-clog pumps rated 4,500 gpm@23' TDH Lot includes:
CL30 cast iron casing, 2-3% Ni cast iron impeller, 316SS
shaft sleeve, 4140 steel shaft, 410 SS wear plate and
impeller wear ring, fabricated SS base plate, John Crane
Model 3740 split type mechanical seal, flexible coupling,
and a 40 HP 900 rpm Inverter ODP motor, all in
accordance with the applicable technical spec., and all
other applicable provisions (shop drawings, O&Ms,
warranties, etc.), of RTD's contract with the City. Spare
parts provided as per specifications. 3-4 week for
submittal preparation. Freight included.
Start up services and training are included on the above
lump sum price.
All equipment shall be as specified in accordance with the
applicable technical spec, and all other applicable
provisions (shop drawings, O&Ms, warranties, etc.), of
RTD's contract with the City Two (2) weeks for submittal
Sales Tax Savings on Equi
Hold 10°/o Retainaqe
Price Per
Each Total
$101,300.00 ( $101,300.00
$6,128.00 � $6,128.00
ate: 8/10/12 �7 "` �' • '�-t� � Date: 8/10/12
Requestin Approving Official
Alex Ze el. Project Manager — RTD Construction, Inc. Tom Traina. Project Manager. King Enqineerin4
Title and Organization C.E.I. Services, ttraina kingengineerina.com
Tara Kivett, City of Clearwater Engineering/Construction PM, 727-562-4758, tara.kivettCcr�imyclearwater.com
Completed forms are routed for approval to contracted CEI Firm and to Engineering. Engineering will process and provide records retention
according to City of Clearvvater's Records Management Program.