R07-145
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RESOLUTION NO. R07- , y If>
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A CONTRACT FOR BID #071-2413-
07/JA TO URBAN BUILDING SYSTEMS, INC., OF
PALM CITY, FLORIDA FOR FIRE RESCUE
STATION NO.5 AND EMERGENCY OPERATIONS
CENTER CONSTRUCTION IN AN AMOUNT NOT
TO EXCEED $9,085,000.00 PLUS A 10%
CONTINGENCY OF $908,500.00 FOR A TOTAL
APPROPRIATION OF $9,993,500.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT
DOCUMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, six (6) bids were received and opened by Procurement Services on
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October 16, 2007, for the construction of Fire Rescue Station No.5 and Emergency
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Operations Center and together with the City's Architect Engineer, CH2M Hill, staff is
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recommending the award to Urban Building Systems, Inc., of Palm City, Florida as the
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lowest, most responsive, responsible bidder who met all specifications.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of Bid #071-2413-07/JA to Urban Building Systems, Inc., for
30 the construction of Fire Rescue Station No.5 and Emergency Operations Center.
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Section 3.
The City Manager is authorized to execute a contract in an amount
S:\CA\RESOlAgreements\Bid AwardslAward of Bid - Fire Station 5 (Urban Building).doc
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not to exceed $9,085,000.00 plus a 10% contingency of $908,500.00 for a total
2 appropriation of $9,993,500.00, a copy of said Contract is attached hereto and made a part
3 hereof as Exhibit "A".
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Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this /8 day of December, 2007.
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23 ATTEST:
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27 Ja t M. Prainito, CMC
28 . Y Clerk
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CITY OF B~ACH, FLORIDA
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CommIssIOner - Ronald WeIland
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Commissioner - Marlene Ross
S:\CA\RESOlAgreements\Bid AwardslAward of Bid - Fire Station 5 (Urban Building).doc
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K07-1L/s-
BID TITLE: FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS
CENTER
BID NUMBER: #071-2413-07/JA
PROJECT NUMBER: C.P.O. 645
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 18th day of December, 2007, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called
the "CITY" or "OWNER" and Urban BuUdin!! Systems. Inc.
a Florida Corporation lXJ
a Florida General Partnership L.-J
a Florida Limited Partnership L.-J
a Sole Proprietor L.-J
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
A. The City has heretofore invited Bids for a City construction project ("Project") identified by
the Bid title, Bid number and project number listed above and commonly referred to as:
FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS CENTER
B. Contractor, in compliance with the Bidding requirements announced by the City, submitted
a Bid on the 16th day of October, 2007, for the total Bid amount of
$ 8.990.000.00.
C. On the 18th day of December, 2007, the City Commission designated contractor as
having submitted the Bid that was most advantageous to the City and authorized the
execution ofthis Agreement.
D. The Parties agree that the Project is scheduled to be completed within 490 calendar days of
the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are
penalties to the CONTRACTOR for the failure to meet such deadlines.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
.1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion ofthe Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's Bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5. Unless otherwise provided, all time frames referenced III all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The Contract Documents are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Letters of Credit
2.2.10. Technical Specifications
2.2.11. Contract Drawings and Plans
2.2.12. Addenda
2.2.13. Written directives or interpretations
2.2.14. Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt
of written notification from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials which may appear within one (1) year
after completion of the Contract and receipt of final payment.
CONTRACTOR shall make the necessary corrections within ten (10) days
of receipt of the written notice. Comply with the provisions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1. 7. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's Bid document.
3.1.9. Perform such other tasks as set forth in the Contract Documents.
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3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) days ofthe
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written notice to proceed not later than ten (10) days from the
execution of this Contract.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the CITY and to
fully complete the project within 490 calendar days following the commencement
date as specified in same.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
5.3. CONTRACTOR shall notify the Project Manager in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's Bid
proposal, and for such others as the Project Manager may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
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6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $3.500.00 per day as liquidated
damages for failure to complete the work within 490 calendar days from the
commencement date as indicated in the written "Notice to Proceed". The CITY
shall have the right to deduct said liquidated damages from any amount due, or
that may become due the CONTRACTOR, or to collect such liquidated damages
from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC-45, and GC-46).
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original Bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
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as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57).
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ARCHITECT ENGINEER
11.1. The Architect Engineer CH2M HILL.
11.2. The Architect Engineer shall have general supervision and direction of the work.
The Architect Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to ensure the proper execution of the Contract.
11.3. As the Architect Engineer is, in the first instance, the interpreter of the conditions
of the contract and the judge of its performance, he shall side neither with CITY
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CONTRACTOR hereby acknowledge at he has read and understands the
above pr is'o
INTIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made III
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Architect Engineer and Project
Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Signed, sealed and witnessed
in the presence of:
F-~'
CITY OF BOYNTON BEACH, FLORIDA
~6l4A?1.-
City Manager
Ap roved as to Form:
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~-~~EJRACTOR~
_~1~-:1~f:: l v I P.
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State of Florida
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)
County of Palm Beach
Attest as to CONTRACTOR
On this '/ day of ,'J'I:\ N D A R... " , 20 6 ~personally appeared before me, duly authorized
to administer oaths, R" e.. +< e. / S eLL known to be the
persons described hereil! or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires: a )30) c g'
~\C4~~R~
Notary Public .
"""~"~"" BARBARA JEAN BAESE
\.'\~~ UtI',
. /-C:~ Notary Public State of F!owio
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"'~>< a"~? Commission # [1D2B 1210
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,...,.." nded By National Notary Assn
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nor with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Architect Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
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PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and , a corporation, as Surety, are
bound to City of Boynton Beach, herein called Owner, III the sum of
$ , for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner
for construction of , the contract being
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
BY:
(Name of Surety)
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WARRANTY
The undersigned,
hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages
resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that
certain Bill of Sale or Plans dated which is result of a defect in the materials or
workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as
soon as reasonably possible or, if such repairs have already been made by the City, the
undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making
of such repairs, shall forthwith refund same to the City. Anything herein to the contrary
notwithstanding, the City shall have the sole obligation to perform all maintenance required.
Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result
from the failure of the City to properly maintain same or misuse or abuse (except, however,
nothing contained herein shall be construed to release the undersigned from liability for damage
or defect caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date:
By:
President
Name of Company
(CORPORATE SEAL)
WARR-l
STATE OF FLORIDA
)
COUNTY OF
SS:
)
I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared
Florida Corporation and general partner of
A Florida limited partnership, to me known to be person described in and who executed the
foregoing instrument and he acknowledged before me that he executed the same for the uses and
purposes therein expressed.
Notary Public, State of Florida
My Commission Expires:
WARR-2
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OF FLORIDA
COUNTY OF
He is
, being first duly sworn, deposes and says as follows:
of
(Title) (Name of Corporation or Firm)
a corporation which is named in Construction Contract dated the
___ day of , 2002, between said corporation as the
CONTRACTOR and the City of Bovnton Beach, Florida as the OWNER, for the construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Periodical Estimate for
Payment dated , passes to the Owner at the time of payment free and clear of
all liens. and all laborers, materialmen and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical
Estimate for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of
,2002.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
WT-l
FINAL ESTIMATE RECONCILIATION AGREEMENT
This Final Estimate Reconciliation Agreement covenng the period from
, to , supersedes any and all previous correspondence
or verbal agreement regarding deletions or additions to the scope of work in the performance of
the contract dated for construction of and all
appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida.
It is hereby agreed and understood that all quantities and prices shown on the attached
Final Estimate No. are correct and the amount of $ constitutes final
payment, including retainage, and Change Order No. for all materials furnished
and work performed by , Contractor, and all other
contractors, in the construction and completion of the above project, all which were to be
performed in strict accordance with the terms of the original contract.
It is further agreed and understood that the one-year warranty period of workmanship and
materials furnished shall commence on final completion and acceptance by the Owner, City of
Bovnton Beach, as outlined in Paragraph C-15 of the original agreement.
By:
RECOMMENDED FOR APPROVAL:
By:
ACCEPTED:
By:
Date:
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