Loading...
WATER TREATMENT PLANT NO. 2 - CONTRACT 4 - REVERSE OSMOSIS PLANT SITE EXPANSION PROJECT - 10-0039-UT-D - ADDENDUM TO AGREEMENT - STANDBY POWER GENERATOR SYSTEM-AUTOMATIC TRANSFER SWITCHADDENDUM 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: Date: t Akr9D 74g/AthaAaie AMA„, iiam B. Horne, II ity Manager /Owner ATTEST: Rosemarie City Cler (City's CONTRACTOR: Poole & Kent Company of Florida Date: October 3, 2013 Jason Padilla, P Contractor TTEST: ject Manager `r APP ecretary Camilo Soto Assistant City Attorney ODP Documents - Attachments A B C Cummins Power DEBORAH K HOLLOWAY c Notary Public - State of Florida � �� � My Comm. Expires Oct 13, 2014 ,t zt .cfp`" Commission # EE 28243 9/27/2010 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 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 Poole & Kent Company of Florida TO Cummins Power South, LLC OWNER- FURNISHED MATERIALS (CONTRACTOR) (SUBCONTRACTOR) 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 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. rwater U Engineering Department WATER TREATMENT PLANT No. 2 — CONTRACT 4: REVERSE OSMOSIS PLANT SITE EXPANSION PROJECT (10- 0039- UT -(D)) REQUEST TO REQUISITION General Item Description: Standby Power Generator System /Automatic Transfer Switch Vendor: Cummins Power South, LLC Contact: Tim Alban Email: Tim.Alban @Cummins.Com Street Address: 3777 Interstate Park Road, W. City /State /Zip: Riviera Beach, FL 33404 Phone No: (561) 281 -3638 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: Jason Padilla /Project Manager /Poole & Kent Company of Florida Email: jasonp @pkflorida.com Phone Number: (727) 726 -0989 / Fax No. (727) 726 -0958 Date Needed by: January 15, 2014 Expense Code: Line # Quantity Units ($, etc.) Detailed Description (List shipping & handling charges, if applicable) Price Per Each Total 72A 1 LS Emergency Generator $399,696.00 $399,696.00 68A 1 LS ATS $25,555.00 $25,555.00 Manufacturer's Services & Freight $8,889.00 10% Retainage Withheld Total PO Amount $434,140.00 4544 ales Tax Savings $25,5;,5..96' �,�� Jason Padi la V41 I l Requesting Official Date: 9/17/13 Proiect Manager — Poole & Kent Company of Florida Title and Organization - Contractor Approving Official Date: 10.1' 13 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