WATER TREATMENT PLANT NO. 2 - CONTRACT 1 - REMOTE WELL FACILITIES EXPANSION PROJECT - 10-0039-UT-A - ADDENDUM TO AGREEMENT (2)ADDENDUM TO AGREEMENT FOR CONSTRUCTION OF
WATER TREATMENT PLANT NO. 2 - CONTRACT 1: REMOTE WELL FACILITIES
EXPANSION PROJECT
CITY OF CLEARWATER CONTRACT No. 10- 0039- UT -(A)
In reference to contract #10- 0039- UT -(A) dated April 11, 2013 between City of Clearwater, the Owner, and Southeast Drilling
Services, 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:
l()\\‘\
Date:
4' ./ 4_,
Will" B. Horne, 11
City anager /Owner
ATTEST:
(4- L (
Rosemarie Cal
City Clerk
(City's Corp'�ra
APPROV
CONTRACTOR:
Date:
11
Southeast 1 • Se ices, Inc.
W. B. Zier - resident
TTEST:
Camilo Soto
Assistant City Attorney
SISCO ODP 8 -04 -13 SED.doc
cretary
9/27/2010
ATTACHMENT "A"
FROM: CITY OF CLEARWATER (OWNER)
TO: Southeast Drilling Service, Inc. (CONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT No. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
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 Southeast Drilling Services, Inc. (CONTRACTOR)
TO SISCO, Southeast Industrial Sales. (SUBCONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
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
owners 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 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: Southeast Drilling Services, Inc. (CONTRACTOR)
To: SISCO, Southeast Industrial Sales (SUBCONTRACTOR)
Project: WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
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 30th of the following month. Those received after the 25th will be processed in the next month's billing cycle.
Engineering Department
WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION
PROJECT (10- 0039- UT -(A))
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Control Valves and Control Valve Actuators
Vendor: SISCO Contact: Mark Best Email: mbest @siscosales.com
Street Address: 5385 Gateway Blvd, Suite 17 -18
City /State /Zip: Lakeland, FL 33811 Phone No: 869/937 -1042
Receiving Location (Ship to): Southeast Drilling Services
Street Address: 1419 S MLK Jr Ave
City /State /Zip: Clearwater, FL 33756
Requested by: W. B. Ziegler /Pres /Southeast Drilling Email:wcz @southeastdrilling.net
Phone:813/968 -7277
Phone Number: 813/968 -7277
Date Needed by: ASAP
Expense Code: 0315 - 96767- 563800 - 533000 -0000
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if applicable)
Price Per
Each
Total
12A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
24A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
35A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
46A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
57A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
69A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
82A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
93A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
1
.
W.B. Zieq er
Requesting Official
Pres /Southeast Drilling '.er ices. Inc.
Date:
Title and Organization - C. tractor
Approving Official
Title a Organization C.E.I. Services
Date: 10°
Completed forms are routed for approval to contracted C.E. &I. Firm and to Engineering. Engineering will process and provide records retention according
to City of Clearwater's Records Management Program.
ENGINEERING DEPARTMENT
WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION
PROJECT (10- 0039- UT -(A))
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
(Continuation page)
Requested by: W. B. Ziegler /Pres /Southeast Drilling Email:wcz @southeastdrilling.net
Phone:813/968 -7277
Phone Number: 813/968 -7277
Date Needed by: ASAP
Expense Code: 031596767- 563800- 533000 -0000
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if
applicable)
Price Per
Each
Total
105A
1
LS
Control Valve Control Valve and
Control Valve Actuator
$8,500
$8,500
118A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
129A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
141A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
150A
1
LS
Control Valve Control Valve and
Control Valve Actuator
$8,500
$8,500
159A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
168A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
177A
1
LS
Control Valve and Control Valve
Actuator
$8,500
$8,500
196A
1
LS
Control Valve and Control Valve
Actuator
$7,600
$7,600
Total PO
143,600
No Retainage to be withheld
Sales Tax Savings
8,666.00
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.
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