ADDENDUM TO AGREEMENT FOR CONSTRUCTION OF FIRE STATION #45 - CONCRETEADDENDUM TO AGREEMENT FOR
CONSTRUCTION OF FIRE STATION #45
CITY OF CLEARWATER CONTRACT No. 09- 0036 -FD
In reference to contract #09 -0036 -FD dated 15th day of November, 2012 between City of Clearwater, the
Owner, and Biltmore Construction Co., Inc. 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:
Date: 400.3
City Manager /Owner
ATTEST:
City Clerk
(City's
AP
Camilo Soto
Assistant City Attorney
Addendum To Agreement
ATTEST:
>24
Secretary
(C a:141
006/05/2013
ATTACHMENT "A"
FROM: CITY OF CLEARWATER (OWNER)
TO: Biltmore Construction Co., Inc. (CONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: CONSTRUCTION OF FIRE STATION #45 (09- 0036 -FD)
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 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.
ATTACHMENT "B"
FROM BILTMORE CONSTRUCTION CO., INC. (CONTRACTOR)
TO Preferred Materials (VENDOR)
OWNER- FURNISHED MATERIALS
PROJECT: CONSTRUCTION OF FIRE STATION #45 (09- 0036 -FD)
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 Subcontractors
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 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.
ATTACHMENT "C"
From: BILTMORE CONSTRUCTION CO., INC.
To: Preferred Materials
Project: CONSTRUCTION OF FIRE STATION #45 (09- 0036 -FD)
(CONTRACTOR)
(VENDOR)
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 25th of each
month for payment by the 28th of the following month. Those received after the 25th will be processed in the
next month's billing cycle.
t
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), vendor contact name and email address; 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
°
>_ rwater
U
Engineering Department
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Concrete, block and sand
Vendor: Preferred Materials
Contact name & Scott Bronson
Email Address email: Scott.Bronson @preferredmaterials.com
Street Address: 13101 Telecom Drive — Suite 101
City /State /Zip: Tampa, FL 33637
Phone No: 813 - 384 -3030
Receiving Location (Ship to): Fire Station #45
Street Address: 1140 Court Street
City /State /Zip: Clearwater, FL 33756
Requested by:
Contact name &
Email Address
Phone Number:
Date Needed by:
Expense Code:
Biltmore Construction Co., Inc.
Bruce Schafer
email: bschafer @biltmoreconstruction.com
727 - 585 -2084 Fax No: 727 - 585 -2088
August 29, 2013
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if applicable)
Price Per
Each
Total
Equipment shall be in accordance with the
applicable technical spec., and all other
applicable provisions (shop drawings,
O &Ms, warranties, etc.), of (contractor
contract #09- 0036 -FD. Spare parts
provided as per specifications, freight
included.
Start up services and training are included
in the above lump sum price.
See page 2 of 2 for PO detail
n
L
Requesting Official
Senior Proiect Manager. Biltmore
struction Co.
Date: 09.05.2013
Title and Organization — Contractor
Approving Official
Engineering Construction Manager
Date:
cf= r-13
Title and Organization - City of Clearwater
Completed forms are routed for approval to contracted Firm and to Engineering. Engineering will process and provide records
retention according to City of Clearwater's Records Management Program.
Page 1 of 2
o
Requested by:
Contact name &
Email Address
Phone Number:
Date Needed by:
Expense Code:
ENGINEERING DEPARTMENT
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
(Continuation page)
Biltmore Construction Company, Inc.
Bruce Schafer
email: bschafer @biltmoreconstruction.com
727 - 585 -2084 Fax No: 727 - 585 -2088
August 29, 2013
Line #
Quantity_
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if applicable)
Price Per
Each
Total
3a
1
LS
Ready- mix - concrete, block and sand and
delivery
152,436.75
152,436.75
PO TOTAL
152,436.75
PO NOTES:
Above rates include shipping
Retainage is not to be withheld
Send Original Invoices To:
Commercial Concrete Contractors, Inc
14433 Middlefield Lane
Odessa, Florida 33556
Attn: Andrew Roig
ccctampa @gmail.com
Phone: 813 920 -7230
Fax: 813 920 -7231
3b
1
LS
SALES TAX TOTAL (Owner savings)
9,196.21
Completed forms are routed for approval to contracted Firm and to Engineering. Engineering will process and provide
records retention according to City of Clearwater's Records Management Program.
Page 2 of 2