WATER TREATMENT PLANT NO. 2 - CONTRACT 4 - REVERSE OSMOSIS PLANT SITE EXPANSION PROJECT - 10-0039-UT-D - ADDENDUM TO AGREEMENTADDENDUM TO AGREEMENT FOR CONSTRUCTION OF
WATER TREATMENT PLANT No. 2 - CONTRACT 4: REVERSE OSMOSIS
PLANT SITE EXPANSION PROJECT
CITY OF CLEARWATER CONTRACT No. 10- 0039- UT -(D)
In reference to contract # 10- 0039- UT -(D) dated May 31 , 2013 between City of Clearwater, the
Owner, and Poole & Kent Company of Florida , 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 ", "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. 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: Poole & Kent Company of
Florida
Date: 9— 2:1-- ZO13 Date: July 15, 2013
kt •,
William B. Horne, II
City Manager /Owner
ATTEST:
Rosemarie
City Clerk
(City's C
APPR
Camilo Soto
Assistant City Attorney
Jason Padilla, Rrojec er
Contractor
ATTEST:
Secretar Y DEBORAH K HOLLOWAY
?'tii1: i+s
Notary Public - State of Florida
y ; My Comm. Expires Oct 13, 2014
Ito ;pL Commission # EE 28243
ODP Document revised 9;'2712010
ATTACHMENT "A"
FROM: CITY OF CLEARWATER (OWNER)
TO: Poole & Kent Company of Florida (CONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT No. 2 — CONTRACT 4: REVERSE OSMOSIS PLANT SITE
EXPANSION PROJECT (10- 0039- UT -(D))
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.
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
ODP Document revised 9/27/2010
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. 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 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.
ODP Document revised 9/27/2010
ATTACHMENT "B"
FROM Poole & Kent Company of Florida (CONTRACTOR)
TO Ozonia North America, LLC (SUBCONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT No. 2 — CONTRACT 4: REVERSE OSMOSIS PLANT SITE
EXPANSION PROJECT (10- 0039- UT -(D))
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 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
ODP Document revised 9/27/2010
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 be 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. 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.
ODP Document revised 9,27 /2010
ATTACHMENT "C"
From: Poole & Kent Company of Florida
To: Ozonia North America, LLC
(CONTRACTOR)
(SUBCONTRACTOR)
PROJECT: WATER TREATMENT PLANT No. 2 — CONTRACT 4: REVERSE OSMOSIS PLANT SITE
EXPANSION PROJECT (10- 0039- UT -(D))
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
20th of each month for payment by the end of the following month . Those received after the
20th will be processed in the next month's billing cycle.
ODP Document revised 9/27/2010
WATER TREATMENT PLANT No. 2 — CONTRACT 4: REVERSE OSMOSIS
PLANT SITE EXPANSION PROJECT (10- 0039- UT -(D))
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Ozone Generation & Feed System
Vendor: Ozonia North America, LLC
Contact: Bill Nezgod Email: William.NEZGOD @ozonia.com
Street Address: 600 Willow Tree Road
City /State /Zip: Leonia, NJ 07605 Phone No: (201) 676 -2525
Receiving Location (Ship to): Poole & Kent Company of Florida c/o Clearwater RO WTP No. 2
Street Address: 21133 U.S. Highway 19, North
City /State /Zip: Clearwater, FL 33765
Requested by:
Phone Number:
Date Needed by:
Expense Code:
Jason Padilla /Project Manager /Poole & Kent Company of Florida
Email: jasonp @pkflorida.com
(727) 726 -0989 / Fax No. (727) 726 -0958
February 15, 2014
0315- 96767- 563800- 533 - 000 -0000
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if
applicable)
Price Per Each
Total
50A
1
LS
Ozone Generators and System
$1,839,000.00
$1,839,000.00
Manufacturer's Services &
Freight
$61,000.00
5% Retainage Withheld
Total PO Amount
$1,900,000.00
Sales Tax Savings
$110,340.00
_ Q
Jason Padi la V'►1
Requesting Official
Proiect Manager — Poole & Kent Company of Florida
Date: 1 S 3
Title and Organization - Contractor
Date:
Approving Official
GM - Re--(55 e /V6(/U— ' -t.,(%
Title and Organization — C.E.I. Services
Completed forms are routed for approval to contracted C.E. &I. Firm and to Engineering. Engineering will process and provide records retention
according to City of Clearwater's Records Management Program.
Page 1 of 1
ODP Requsition_Ozone Generators and System (Ozonia)
9/27/2010