R94-195 RESOLUTION NO. R94-/~.d"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORI DA, AP P ROVING
THE PAYMENT TO PWT AMERICAS, INC., IN THE
AMOUNT OF $305,185.05 REPRESENTING FINAL
PAYMENT FOR THE CONSTRUCTION OF THE
PROCESS EQUIPMENT AND CONTROL SYSTEM AT
THE WEST WATER TREATMENT PLANT,
CONTRACT I; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND DOW NORTH AMERICA WHICH
--
AGREEMENT IS ATTACHED HERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has previously entered into a Contract
PWT company in the amount of $2,874,566.06 for the construction of the
equipment and control system at the West Water Treatment Plant; and
WHEREAS, work on this project is now complete and there remains due and owl
to PWT the sum of $305,185.05 on said Contract; and
WHEREAS, upon recommendation of staff the City Commission does hereby
accept the settlement agreement proposed by PWT as set out in Memorandum No.
312, with attachments, from John A. Guidry, Utilities Director, attached hereto and
a part hereof as composite Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, here
authorizes payment in the amount of $305,185.05 to PWT Americas, Inc., representi
final payment for the construction of the process equipment and control system at the WE
Water Treatment Plant, Contract I.
~ The City Commission of the City of Boynton Beach, Florida, do
accept the settlement proposal as outlined in attached composite Exhibit "A", a~
authorizes and directs the Mayor and City Clerk to execute an Agreement between the C
of Boynton Beach and Dow North America.
i_~ This Resolution shall become effective immediately upon
PASSED AND ADOPTED this /,.~'" day of November, 1994.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
~/ice r~or
Commissioner ~ ' ~
ATTEST:
City~'Clerk
Commissioner
(Corporate Seal)
WWTP, Contractl
Final Payment. PWT
Agr. Dow
11/1Q/94
Dow iry� /9.S'
flr Dew Maw cealp.ny
ae5 Striefel ," nun. toe
Solana assch. CA 92073
October 31, 1994 to • 7941
Mr. John A. Guidry ,� j
Director ofUtt>tttes
124 E. Woolbeight Road Q
Boynton Beach, FL 33435 1 J grrYir"
Re: City of Boynton Beach a � " /
West Water Treatment Plant - Contract 1 - �� Tl p
4 MGD Membrane Softening Equipment (Y► a24 ala
Dear Mr. Guidry:
As the senior market manager of the Sepeatioa Systems group of Dow North America I
am duly authorized to make the following proposal to the City ofBoynton Beach.
Fr'1mTec Corporation, a wholly owned subsidiary of The Dow Chemical Company
proposes:
Item 1: Five year eaxeadrd warranty
FilmTec Corporation proposes to knish to the Qty of Boynton Beach a
five year eye= peformsece warranty and a five year mataiai
wow warranty. Both warranties will rvn comma* for a period
of five years. Raft Dow Chemical letter of August 15, 1994.
Item 2: Spare madams
Fi7mTec Corporation proposes to knish Mena (15) raw unaltered NF70
spare membrane elements identical to those installed in the system.
Ben 3: Element autopsies
Maroc Corporation proposes to perform autopsies on sic dements during
the warranty period.
Each autopsy will cover the following:
I: SCM acs
II: Efficacy of deaning
III: Determine effective chanical(s) for cleaning
IV: Element testing under standard test conditions
Item 4: Review normalized data & ideal* peobieeoa
Mr. Stuart McClellan of Tar Dow Chemical Company will review
normalized plant operating data curing the five year warranty period,
report any abeortes and reeormnend corrective anon.
Item 5: Technical support in the operatic® of the plant
Ftilmrec Corporation will conduct at tent two site visits (2 daye/16 bea.
each sir ere service) during the twelve (12) month period r aft the date of
sig►ig this agreement. Each site visit mil cover a review of the plant
performance, review feed, permeate and concentrate flows and pressures.
Also, review feed water and permeate suer qualities and cob par, -dart *
against the projected values. Provide a written report within two weeks
after the visit,. The tinting of the visit will be coortfinsted with •the Utility
Director.
Item 6: On site membrane dinning
Stuart McClellan or to engineer of equal caliber will supervise membrane
cleanings during the 1= month period from the date of acceptance of this
agreement. Each membrane system cleaning is expected to take five days.
The City will be required to provide labor and material for on site cleaning.
We trust this proposal is Satia6ctory and is acceptable it BM of any potential claims
arising against either The Dow Chemical Company or its s_bsidbuy, Pilmrec Corporation,
as a result of process start-up delays associated with West Water Treatment Plant -
Contra ;t 1.
Please show your acceptance by signing the following and returning one copy.
Very Truly Yours, Accepted By
THE CTTY OP BO • • N BEACH
r ,
fAer' Clt 4-e
Name
eery . Smith /ito s/o.e.
Sr. Market Manager ,
Dow North America // 8/95
Date 9
APPR• • AS•
cc: Harbans Kohli, PWT Americas CRY ATTOR ;7'