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R10-099 II I i " I , 1 RESOLUTION NO. R-lO - 09 't 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 5 BOYNTON BEACH, FLORIDA, CONFIRMING WAIVER OF THE 6 FORMAL BID REQUIREMENT FOR CONSTRUCTION 7 PROJECTS IN EXCESS OF $75,000.00; APPROVING THE PIGGY- 8 BACKING OF A CONTRACT BETWEEN FP&L AND FELIX 9 ASSOCIATES, LLC., TO INSTALL 36-INCH IRON PIPE RAW 10 WATER MAIN FROM THE WEST WATER TREATMENT 11 PLANT; AUTHORIZING THE CITY MANAGER TO EXECUTE A 12 CONTRACT WITH FELIX ASSOCIATES, LLC., IN A FORM 13 ACCEPTABLE TO THE CITY ATTORNEY'S OFFICE IN THE 14 AMOUNT OF $3,109,870.00, PLUS A 10% CONTINGENCY IN 15 THE AMOUNT OF $310,987.00 FOR A TOTAL ENCUMBRANCE 16 OF $3,420,857.00; PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, the City's Business Plan calls for interconnecting the East and West 19 Water Treatment Plants with a new Ductile Iron Pipe raw water main; and 20 WHEREAS, on February 2, 2010, the City Commission, recognizing the 21 difficulties posed by the extremely tight schedule for this project, authorized the Utilities 22 Department to obtain quotes from the two FP&L contractors, based upon the pricing in that 2 FP&L contract; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve the piggy-back of a contract between FP&L and Felix Associates, LLC., to install approximately 7,100 feet of 2 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, 2 along Boynton Beach Boulevard and Military Trail to Woolbright Road and to authorize the City Manager to execute a Contract between the City of Boynton Beach and Felix Associates, LLC., in a form acceptable to the City Attorney's office, in the amount of 31 $3, I 09,870.00, plus a 10% contingency in the amount of $310,987.00 for a total S:\CA\RESO\Agreements\Reso - Piggy-backing FPL with FelixAssoc (36 in pipe) doc II ': 1 encumbrance of $3,420,857. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. Each Whereas clause set forth above is true and correct and 5 incorporated herein by this reference. 6 Section 2. The City Commission hereby waives the formal bid requirement for 7 construction projects in excess 01'$75,000.00. 8 Section 3. The City Commission hereby approves the piggy-backing of a contract between FP&L and Felix Associates, LLC., to install approximately 7,100 feet of 10 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, 11 along Boynton Beach Boulevard and Military Trail to Woolbright Road 12 Section 3. The City Commission of the City of Boynton Beach hereby 1 authorizes the City Manager to execute a Contract between the City of Boynton Beach and 1 Felix Associates, LLC., in a form acceptable to the City Attorney's ot1ice, in the amount of 1 $3, I 09,870.00, plus a 10% contingency in the amount of $310,987.00 for a total 1 encumbrance 01'$3,420,857. 1 Section 4. That this Resolution shaH become eflective immediately. S:\CA\RESO\Agreements\Reso - Piggy-backing FPL with FelixAssoc (36 in pipe).doc II 1 PASSED AND ADOPTED this . 20thday of JuJ,y, 2010. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 1 11 12 ner William ~ 1 , ,0 ~ . 1 C~ c-L j 1 ner - Woodrow 1. Hay 1 1 - 1 1 ATTEST: 2 Yr).~ 21 2 Ja t M. Prainito, MMC 2 Ity Clerk 2 2 2 S:\CA\RESO\Agreements\Reso - Piggy-backing FPL with FelixAssoc (36 in pipe).doc ~\o- 0<\'\ BID NUMBER: 065-2821-10ITWH PROJECT NAME: SECTION' A' OF THE WELLFIELD INTERCONNECT PROJECT NUMBER: WTR136 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this ;:)/YIc1day Of~~ 20 fQ by and between the CITY OF BOYNTON BEACH, a muni ipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and FELIX ASSOCIATES. LLC. a Florida Corporation ~ a Florida General Partnership L-J a Florida Limited Partnership ~ a Sole Proprietor L-J Check One hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The CITY has heretofore invited bids for a CITY construction project ("Project") identified by the project title, and project number listed above and commonly referred to as: SECTION' A' OF THE WELL FIELD INTERCONNECT PROJECT WHEREAS, CONTRACTOR, in compliance with the CITY's procurement procedures, Felix Associates, LLC. submitted a bid on the 13th day of Julv, 2010, for the total bid amount of $3.109.870.00 for the construction ofthe Project; and, WHEREAS, On the 20th day of Julv. 2010, the City Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 180 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - I Utilities Department Felix Associates 7-22-10 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR hereby accepts this Contract and agrees 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 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, INDEPENDENT CONTRACTOR. 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 which are hereby not listed in any order of precedence. 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 Special Conditions 2.2.7 Construction Contract Certificate of Insurance 2.2.6 Public Construction Bond 2.2.7 Technical Specifications 2.2.8 Contract Drawings and Plans (revised May 24, 2010) 2.2.9 Addenda 2.2.10 Written directives or interpretations 2.2.11 Manufacturers warranties C-2 Utilities Department Felix Associates 7-22-10 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. 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. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or subcontractor's supplying of material to CONTRACTOR shall maintain records to establish such notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (I) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. e - 3 Utilities Department Felix Associates 7-22-10 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, and Palm Beach County, Florida. 3.1.10. Observe and comply with the prOVISIOns of the construction contract between CONTRACTOR and Florida Power & Light for the construction of the Eastern Section of the Palm Beach County Central Regional Reclaimed Water Pipeline 3.1.11. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.12. Perform such other tasks as set forth in the Contract Documents. 3.1.13. Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the 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 CONTRACTOR'S own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 3.2.1. The CONTRACTOR will be held responsible for transportation of any materials provided by the CITY from a temporary storage site provided by the CITY, to a construction site location as determined by the CONTRACTOR. 3.2.2. The CONTRACTOR will be held responsible for damages to any materials provided by the CITY while the CONTRACTOR loads and relocates the CITY provided materials, until such time the CITY provided materials are incorporated into the project. 3.2.3. The CONTRACTOR will provide all equipment, labor, services, vehicles, and methods for transportation of CITY provided materials from the storage area to the job-site. 4. CITY'S OBLIGATIONS 4.1. The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-Construction Meeting. 4.2. The CITY shall 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, the CITY shall provide a written final acceptance and payment for the entire project. e-4 Utilities Department Felix Associates 7-22-10 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substant~~ompletion of the Military Trail portion by November 22, 2010,,()f- and also achieve Substantial Completion on the entire project without interruption within 180 calendar days 5.2. With respect to this Contract, time is of the essence. In the event the CONTRACTOR shall fail to: (1) timely commence the work following Notice to Proceed or, (2) 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, for liquidated damages, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer 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 Engineer may direct, and shall not employ any subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR agrees to pay $1.000.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion of the Military Trail portion by November 22, 2010, (based upon a Notice to Proceed issued no later than August 23, 2010) and $2.000.00 per day for failure to also achieve Substantial Completion on the entire project within 180 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct such 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the e - 5 Utilities Department Felix Associates 7-22-10 discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 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 Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 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 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 e-6 Utilities Department Felix Associates 7-22-10 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. CONTRACTOR HEREBY ACKNOWLEDGES T~. E HAS READ AND UNDERSTANDS THE ABOVE PROVISION. , INITI S 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-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No field Change Directive or Change Order shall be authorized by the Project Manager if the CONTRACTOR has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the CONTRACTOR attempts to reserve any future right or claim arising out of the work which is the subject of the field Change Directive or Change Order. If the CONTRACTOR adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the field Change Directive or Change Order. 10.2 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 e -7 Utilities Department Felix Associates 7-22-10 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. ROJECT ENGINEER 11.1 The Project Engineer ("Engineer") is Jim Penkosky, P.E., AECOM 13450 West Sunrise Boulevard, Suite 200, Sunrise, FL 33323. 11.2 The Project Engineer shall have general supervision and direction of the work. The Project 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 insure the proper execution of the Contract. 11.3 As the Project 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 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 Project 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-27, INSURANCE. 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 Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14. TIME OF ESSENCE e - 8 Utilities Department Felix Associates 7-22-10 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 LIMIT A TION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES T~. E HAS READ AND UNDERSTANDS THE ABOVE PROVISION. v I IALS 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 in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY. 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 Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2. Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. e-9 Utilities Department Felix Associates 7-22- I 0 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, 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: a~~~~ Attest: d~ , \ , '-' ~ \\,\11111111 \\ IA I, ,,\ OC r~ '" ,,' S ........ ~ ", ..... 0 ..';'" \.IAB';..... < ...... ~ ~.. <<;v v,... (' -;. CONTRACTOR : :s :.-t <;t.~\.. ~\ (") ~ : ...J':J \;I ^~~ : : : u.1 ~ '2.~O~~: : , . ~."f"'. _ 'u,....., \.- ... . '" ~..... \ / 0':....... .....COM?~.... l jl "\ . "" ....... , "" it ,\", I, \\ I""""", Signed, sealed and witnessed in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County ofPttlffi .Beach .:>t. ~.€..; ) On this -' &.u.... day of authorized to administer known to lle- the ~ s:t , 20 /0, personally appeared before me, duly oaths, 0'M.,ljtJ-.::r: ~ persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. ~.sbJ /YJurw~~ Notary Public My Commission Expires: L/.. 8' '/1 .4Ayr.~:~.~~.;:". CRYSTAL MONOCANDILOS H:\1990\900182.BB\AGM1\Felix Water Main Construction (8-9-10) ktr-pm.doc f*= ':.~ Commission DO 627923 ~:;;;. ..;l} Expires April 8, 2011 '~.1~,9f.1~~~""" Bonded Thru Troy Fain Insurance 800-385-7019 e - 10 Utilities Department Felix Associates 7-22-10 CITY OF BOYNTON BEACH TERMS AND CONDITIONS 1. These Special Condition shall be incorporated into the standard City of Boynton Beach Terms and Conditions. 2. The Contractor shall inspect all City Furnished Materials to determine that such items conform to the Contract Documents, including the Drawings and the Specifications, and to determine prior to incorporation into the Project whether any such City Furnished Materials are patently defective, and whether such City Furnished Materials are identical to the materials ordered. If Contractor discovers defective or non- conforming City Furnished Materials upon such visual inspection, Contractor shall: (1) not recommend acceptance of such non-conforming materials and equipment, (b) not utilize such non-conforming materials in the Work; (c) not allow Subcontractor to utilize such non-conforming materials in the Work; and (d) promptly notify the City's Project Manager, in writing, of the non-conforming condition so that repair or replacement of those City Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the Project such defective or non-conforming City Furnished Materials, the Contractor shall be responsible for the repair and replacement of the defective or non- conforming materials, at its sole cost and expense. 3. The Contractor shall maintain records of all City Furnished Materials incorporated into the Project and regularly provide accounting to the City's Project Manager for any City Furnished Materials delivered to the Site, indicating which City Furnished Materials have been incorporated into the Project. 4. After the City delivers the City Furnished Materials at the Site, possession of the City's Furnished Material shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of City Furnished Materials from the City to the Contractor shall constitute a bailment for the mutual benefit of the City and such Contractor. The City shall be considered the bailer and such Contractor the bailee of the City Furnished Materials. City Furnished Materials shall be considered returned to the City for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. 5. The Contractor shall purchase and maintain builder's risk insurance, naming the City as an additional insured, sufficient to protect against loss of or damage to City-Furnished Materials. Such insurance shall be in the amount to cover the full value of any City-Furnished Materials between the time the City first takes title to and possession of any of such City-Furnished Materials until final completion of the Project 6. The City shall not be liable for any interruption or delay damages in the Project resulting from any delay in the delivery of, or defects in, the City Furnished Materials. 04/15/08 Te - 1 CITY OF BOYNTON BEACH TERMS AND CONDITIONS REPRESENT A TlVES END OF SECTION 04/1 5/08 Te-2 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www,boynton-beach,org MEMORANDUM TO: Tim Howard Finance FROM: Janet M. Prainito, MMC City Clerk DATE: September 2, 2010 SUBJECT: Rl0-099 Contract for Construction Service with Felix Associates for the Wellfield Interconnect Project Attached for your information and file is a copy of the contract mentioned above. Since the document has been fully executed, I have retained the original for Central File. Please contact me if there are any questions. Thank you. ~ W). p~ Attachment C: Central File S:\Ce\WP\AFTER COMMISSION\Departmental Transmittals\201O\Tim Howard RIO-099 executed. doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org MEMORANDUM TO: Pete Mazzella Utilities FROM: Janet M. Prainito, MMC City Clerk DATE: September 2, 2010 SUBJECT: Rl0-099 Contract for Construction Service with Felix Associates for the Wellfield Interconnect Project Attached for your information and file is a copy of the contract mentioned above. Since the document has been fully executed, I have retained the original for Central File. Please contact me if there are any questions. Thank you. ~,Yn.P~ Attachment C: Central File S :\CC\ WP\AFTER COMMISSION\Departmenta] Transmittals\20 I O\Pete MazeIla R I 0-099 executed. doc America's Gateway to the Gulfstream The Citv of Bovnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoi@bbfl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Contract for Construction Services for the Wellfield Interconnect Project consisting of twelve (12) pages, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 2nd day of September 2010. ~Yn.~ . JA T M. PRAINITO, MMC CITY CLERK S:\CC\WP\certifications\Contracts\certification - JP - Felix Associates Contract for Construction Services for Wellfield Connect Project. doc America's Gateway to the Gulfstream