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R94-156RESOLUTION NO. R94-/~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PAYMENT OF $238,108.57 TO POOLE & KENT COMPANY REPRESENTING FINAL PAYMENT ON THE WEST WATER TREATMENT PLANT CONTRACT II; ACCEPTING THE INDEMNITY AND HOLD HARMLESS AGREEMENT SUBMITTED BY POOLE & KENT COMPANY, WHICH IS ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has previously entered into a Contract with Poole & Kent company in the amount of $9,304,467.85 for the construction of buildings, tanks and a majority of mechanical equipment at the West Water Treatment Plant; and WHEREAS, work on this project is now complete and there remains due and owing to Poole & Kent Company the sum of $238,108.57 on said Contract; and WHEREAS, at the request of City staff, Poole & Kent Company has submitted a Indemnity and Hold Harmless Agreement, which Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= ~u~ The City Commission of the City of Boynton Beach, Florida, hereby authorizes payment in the amount of $238,108.57 to Poole & Kent Company, representing final payment on the West Water Treatment Plant Contract II. $~sJ~ This Resolution immediately upon passage. shall become effective PASSED AND ADOPTED this ~O day of September, 1994. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor ~ V[c~Mayor - - Pro Tem t · / Commissl Commiss oner (Corporate Seal) Surety. Rel WWTP, Contract II Final Palrment. Poole & Kent 9/15/94 ~d iXX ~v~ ~o~o~~o o~ ~r~l ~flmn~ rol~d/nl ~r~oe. ~ on ~be a~a~ F~n~ ~bc~e ~.~ are oorreo~ ~d tho ~unt of ~ ~- ~.~ o~o~%~utea Y%n~ pa~n~, Anoludinf It to ~hor ~ ~ Mre~ t~t ~ho onooyo~ vacancy By:: TO: Grady Swann, Director of Finance MEMORANDUM Utilities #94-299 LEGAL C.4 cc: Utilities Finance FROM: John A. Guidry, Director of Utilities DATE: September 13, 1994 SUBJECT: Periodic Estimate #26 - Poole & Kent Company West Water Treatment Plant Contract II Purchase Order ~858 Final Pay Request Transmitted herewith is Periodic Estimate #26, Final Payment, from Poole & Kent Company in the amount of $238,108.57~ Poole & Kent Company is the General Contractor for Contract !1 of the West Water Treatment Plant. This $9,304,467.85 contract is for the buildings, tanks, and majority of mechanical equipment. Work on this project is complete and the City is holding Payment and Performance Bonds on this contract. These Bonds are in effect until December 14, 1994, which is one (1) year from the previously agreed upon date of substantial completion for Contract I1. At the Se ptember 9, 1994 Commission meeting, there was concem expressed that some of the subcontractors may not have been paid in full. It is our understanding that .'Mr. Cherof, City Attorney, is investigating this issue with counsel from Poole & Kent Company. Since this work has been satisfactorily completed, we agree with the Construction Manager and recommend payment to Poole & Kent Company in full for the amount of $238,108.57. Please present this to the Commission for their approval on September 20, 1994. We will be present at that meeting to address any questions that may arise. attachments cc: Carrie Parker-,'City Manager Jim Cherof - City Attorney Bob Kenyon - Utilities Barb Conboy - Utilities 5EF 1 i99 ?his Final Rs~:ima~:e Recoflcilta~ion Agzeomen~ a~ an~ a~X p~evious ~o~espon~en=e o= ve~ba~ ag~eemen~ ~ega~dlng deletions o{ addltlOB, tO ~he f~ope ol work in ~he performance o~ ~he con,=act da~ed ~. 4. 1~1~o~ construction of ~ton ~h. West ~ - Contr~t II. and all appu~enan~ work thereto in~ ....... __-- ~_, Palm Beach County,. Florida. It is hereby agreed and unde~tood ~ha~ all quanti~ieS and prices shown on ~he a~ached ~inal Estimate No.2~ are coz~ea~ and ~he amoum~ o~ ~ ~. cons~itu~es payment, including ze~ainage, amd Change Order No. ~ fo= all ma~ezialS ~urnished amd work pe~ozmed' bM ~ Con~=ao~O~, and all conCzactozs, in ~he ~ons2zu~ion and comple21on of khe above p~oJeak~ a~ ~h[ah ~e~e ~o he performed In Ikctch 4cco~dance ~i2h the ~e[ml oE ~he o~lgina~ I~ ~e Eu~hec agreed and unde~s2ood 2ha~ 2he ~a~an2y period of vo~kmanshtp and ma2e~tals ~u~nished aommenoe on E ina~ aomple2ion and accepts'rice b~ 2he O~nec, ~e~r 14, 1993 , as outlined In ~acagcaph C-IS , mmm R~COMMENDED FOR APPROVAL ? ACCEPTED -* .. Dates WARRANI"Y OF Ti TLE STATE OF FLORIDA COUNTY OF PALH BEACH Robert C. Leftwich deposes and says as follows: He i s ...... J~_~fis~d_e~ .... Title being first duly sworn, of The Poole & Kent Company , a .._M~__~ry.l_a_n_d_ ................ corporation which i.m named in Cuns.truction Contrac~ dated the ..... ~.h__ day of ._~~_~ ................ 199.~_', between said corporation as the CONT~CTOR and the City of Boynton Beach, Florida as the owner for 'the const~'uction of ~ton ~ach. West ~, Contract II and affiant ts au'thoriz~ %o make ~his affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials, and equipment covered by the attached Periodic Estimate for Payment dated Aunt 26, 1994 , 19 .... passes to the Owner at the time for payment free and clear of all liens, and all laborers, matertalmen, and subcontractors have been paid for performing or furnishing the work, labor or materia]s upon said contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath ts given tn compliance with Section 713.06 Florida Stattltes. ~ L~~ ........................... Affiant Sworn to and subscribed before me this ~CL(~__. day of ............ fi.cl,.~,~._._~.._ ..... (SE~) ~- END OF WARRANTY OF TITLE I1.. Il,il, iii I]1 I11 I ")/11 °li'~;l:a.l.! & ~ 2 I 1/6 I VlllrlOLIq (:bar 3 I 1/1~ "" ,',,' ,1 '1/16 .... ,,., I $CII£DULF, OP CttAtlt:IE allDERS, 141 tncr~ Ill 6~16~ 32,56~ 75~3~7 83, 143,029 2,891. D~,Jue,I~ 171 iI~OYN'I'ON BI~ACll WE~'I' WTP, CON?l~C:r ~I, 40B 'fl92606 '. ,-,~, ,~ ,.,,,.., -.,,,,, .,,~ ,.,,,,-,4 ,. 4.,. ,c.,., ,.,.., .~.~eg,ooo.oo .... ~..., ...., ..,.., :,. ,..,,~- .,,~ ,, 4.,. ~~. ,. ,,, ,.,,.f ~. ~.,,, X~,.4t ,I ~,,,I,,, ~,,...t, ..... .... qOG_ &.3~~ ~; ~,. . _. ..... . '. · . · .. "l~ j,' :' , ' . ' ' 4, C~IITIFICATIOIt O~ CONTRACTOR "-" , . ' · : , · - · t}~ ~, . ,. ---~"t :~. ;. ,,.,.,... ,.= ,~., ,,. ,~., ,.4 ..;.., ,,.,..,., .~., ~~~~~., [ i, :.1, , --- ' ; i, ' ' I~I~ '!. .' :' ' ' ': - '- i;' ': .... j''- ' : ~ i"' ' ~ '~ ' ' ' ii' . ,', ' i ! · I I · · ~ ' '. · . '! · ~ '1 . : ~.i S. CEgTIFICATIOII OF COHSt~UdYIOtj EHOIHEER 11il, August 19, Igq~ J?8~ #.W. NOlFrM rovER oI~qVE MfAiff, FLORIOA 3~T2S o£ Ploridt, Inc. Suite ~0 grist ~ttn: ~Mr. Jim McLell~ ~: ~ynton ~dch West ~ Gentian: We had a ~eti~ wi~ ~ '. d~ ~l~y, ~r. ~b Xeak~n ~d Mrs. ~rb Coa~y o~ t~e C~ty of ~t~ A~t 16, 1994 re~~ a~¢ ~nt of o~ r~isition $25. I r~l release o~ 1i~ ~e ~ed to ~b Coney for the thirteea (13) Clai~t's ~o h~: ~ssu~ Not~ce og Non-~nt Copies of these ~inal ~le~e~ o$ ~ ~d previousl~ ~en t~aed over to StOley C~lt~ts at job ~t~ Copies o~ f~al re]e~e~ ~or Not~ce to O~er l~st ~ to ~ durst 17, 1~ were t~ed over to ~b~Con~y. It mas not~ ~ina] ~le~es o~ lie~ for su~Ontractors.movld not ~ a~ailable ~ fine~ ~nt h~ ~en receiv~ by Peele and ~ent Co~. Meter al suppliers tile Globdl Atlantic terminati¢ invoicing ~nd compliance with *releeses CdU be provided promp EXplanatiOnS ~ere be paid based on proper documentation lien lams. Any out standing £inal to (:he ci~ reEa~i~ pdyment to Jack Vogel We confi~ t~ City o~ ~ton ~ach was ~tected ~er our ~fld fram any llabSlity for ~ut Coo :s~Jie~ ~ su~tractors. · ex~ess~ ~ conce~ ~ not ~ not~[i~ o[ ~y ~estio~ or ~obl~ re~~ o~ ~o~e~ ~n~ ~2~ ~ti~ the day it w~ to go ~fore the c~iss~ ~or · e dSk~ ~t i~iate ~nt ~ ~e, ~t ~ .advi~ that no ~ut could ~ ~de ~tll n~t c~sston meeti~ ~i~ will ~ held · eptem~r 9, I~. ~. Gui~ ~iCdt~ that it would ~ acceptable to the [~nal ~ent r~is~t~ ~or ~he S~ ~et~. ~e f~nd~ ch~e order could ~ ap~ dt ~e s~ ~eti~. It was rOUI~ ~ ~de t° See t~d~ tAe ~nts wou]d ~ ~de Mo~ay Septem~r 12, Stanley ¢onsul t~nt~ Ye understand the above progress payment ~25 and the f~ queetton~ ~e request we b~ notJ £~ there are any questim wr~ ter promptly. Very Truly Yours, T~e Poole ami F~nt Co~NmF ~ny issue regarding delay in payment of hal payment. I[ there are any outstanding ited in ~riting by august 2~, 199~. ~ re~arding this ~tter, please contact the ~obert C. Leftwich ECL:sfl cc: John Guidry ~ob Kenyon ~arb conboy Crai~ Yales STANLEY CONSULTANTS, INC. P.O. Box 610541 · 14450 Biscayne Boulevard · North Miami, Florida 33261-0541 Tel: 305/919-7334 · Fax: 305/919-715 August 26, 1994 Mr. John A. Guidry Director of Utilities City of Boynton Beach 124 S.E. 15th Street Boynton Beach, Florida 33435 RE: City of Boynton Beach, West Water Treatment Plant Stanley Consultants Project No 10919 - Letter No BC11-120 U'flLl"[IES Dear Mr. Guidry: Subject: Poole and Kent Company Periodic Pay Estimate Enclosed are two copies of Periodic Pay Estimate No. 26 (Final Pay Estimate) submitted by the Contractor as authorization for final payment on the referenced project. We have received from the Contractor the Warranty of Title for the work completed and the Final Estimate Reconciliation Agreement. It has been note that the one-year warranty period started on the substantial completion date of December 14, 1993. We consider the above documents in order and recommend payment to the contractor in the amount of $52,892.85. If you have any questions please contact the undersigned. Sincerely, STANLEY CONSULTANTS, INC. James R. McLellan Resident Construction Manager cc: Bob Kenyon ~arbara Conboy Craig Wales SCi-WPB RESOLUTION NO. R94- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PAYMENT OF $238,108.57 TO POOLE & KENT COMPANY REPRESENTING FINAL PAYMENT ON THE WEST WATER TREATMENT PLANT CONTRACT II; ACCEPTING THE INDEMNITY AND HOLD HARMLESS AGREEMENT SUBMITTED BY POOLE & KENT COMPANY, WHICH IS ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has previously entered into a Contract with Poole & Kent company in the amount of $9,304,467.85 for the construction of buildings, tanks and a majority of mechanical equipment at the West Water Treatment-Plant; and WHEREAS, work on this project is now complete and there remains due and' owing to Poole & Kent Company the sum of .$238,108.57 on said Contract; and WHEREAS, at the request of City staff, Poole & Kent Company has submitted a Indemnity and Hold Harmless Agreement, which Agreement 'is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOXNTON BEACH, FLORIDA, THAT= ~_~ The City Commission of the City of Boynton Beach, Florida, hereby authorizes payment in the amount of $238,108.57 to Poole & Kent Company, representing final payment on the West Water Treatment Plant ContraCt II. ~ This Resolution L~=L~ediately upon passage. shall become effective PASSED ANDADOPTED this day of September, 1994. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) WWTp. Con~r&¢~ II 9/~5/94 INDE~~ AND HOLD HARMI~$$ AO]~f~NT The Peele and Kent Company, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which are acknowledged, h~r~by agrees to indemnify and hold harmless the City of Boynton Beth, Florida, of and from 'any and all claims, demands or causes of action brought against it by any subcontractor or materialman furnished by or throul~h The Peele and Kent Company, or any of its subcontractors, for monies claimed to be due them for labor, materials and/or services furnished on that certain project known as the City of Beach West Water Treatment Plant, Contract 1I - Wa~r Treatment Facilities, in which the City of Boynton Beach is the Owner and The Peele and Kent Company is the Contractor. This Indemnity and Hold Harmless Agreement shall include reasonable attorneys' fees of the City of Boynton Beach and shall be for the sole and exclusive benefit of the City of Boynton Beach. THE POOLE AND KENT COMPANY Sworn to and subscribed before me this.,, day of September, 1994. CHECK ONE: personally known to me OR produced as identification. Not~'y PubUc INDE~~ AND HOLD HARMIngS AGI~EMI~.NT The Poole and Kent Company, in consideration of Ten Dollars ($10.00), the roceipt and sufficiency of which ar~ acknowl~god, h©r~by agrex, s to indemnify and hold harmless the City of Boynton Beach, Florida, of and from any and all claims, de~n~s or caus~ of action brought against it by any subcontractor or materialman furnished by or through The Peele and Kent Company, or any of its subcontractors, for monies claimed to be due them for labor, materials and/or services furnished on that certain project known as thc City of Be.~wh West Water Treatment Plant, Contra~t H - Wa~r Treatment Facilities, in which the City of Boynton Be. ach is the Owner and Thc Peele and Kent Company.is the Contractor. This Indemnity and Hold Harmless Agreement shall include reasonable attorneys' fees of the City of Boynton Beach and shall bo for the sole and exclusive benefit of the City of Boynton Beach. ~ POOLE AND I~NT COMPANY Sworn to and subscribed bofore me this.,L day of Soptembor, 1994. CHFA2K ONE: ___ p~rsonally known to mc OR produced as identification. Notary Public