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2005-044 NLB Phase I Streetscape Taycon Construction Management Co. Bid Award U RESOLUTION 44-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF TAYCON CONSTRUCTION MANAGEMENT, INC., IN AMOUNT OF $325,670 FOR IMPLEMENTATION OF THE NORTHLAKE BOULEVARD TASK FORCE PHASE I STREETSCAPE PROJECT FOR THE NORTHLAKE BOULEVARD CORRIDOR AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK ON BEHALF OF THE VILLAGE AND AS AGENT FOR THE NORTHLAKE BOULEVARD TASK FORCE TO ENTER INTO AN AGREEMENT WITH TAYCON CONSTRUCTION MANAGEMENT, INC. ATTACHED AS EXHIBIT"A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby accept the bid of Taycon Construction Management, Inc., in amount of $325,670 for implementation the Northlake Boulevard Task Force Phase I Streetscape. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Taycon Construction Management, Inc. attached as Exhibit "A" for and on behalf of the Village of North Palm Beach and as agent for the Northlake Boulevard Task Force. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12th DAY OF MAY, 2005. ,,,.,. ,,~' '+. (Village Seal) '•;` 6 i t)~1~i1:1 t ~., ~„ ., ~, ,, ,,~ ~~ `,~ ATTEST: _~~G 1~,G~~~~ VILLAGE CLERK • Northlake Boulevard Streetscape -Phase 1 North Palm Beach, Florida Prepared by: Michael Redd & Associates, PA Date: January 13,2005 • SECTION 6: AGREEMENT This Agreement, made and entered into this °~~ /e~ day of , 2005 by and between the Village of North Palm Beach, Florida, Palm Beach County, Florida, party of the hereinafter called the Owner, and Taycon Construction Management, Inc. the second part, hereinafter called the Contractor, authorized to do business in the State of Florida and the Palm Beach County Florida. WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter named, agree as follows: Article I -SCOPE OF THE WORK The Contractor hereby agrees to furnish all the materials, equipment and labor necessary to perform in a good workmanlike manner, in accordance with Contractor's Proposal, all the work shown on the plans and described in the specifications for the project entitled: VILLAGE OF NORTH PALM BEACH, FLORIDA NORTHLAKE BOULEVARD STREETSCAPE PROJECT -PHASE 1 For completion of all work set forth in the contract documents, which are, Invitation to Bid, Instructions to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Insurance, Special Conditions, General Conditions, Supplement to General Conditions, Technical Specifications, the Notice of Award, the Drawings dated September 15, 2004 for the Total Estimated Amount of: i * # # # # # # # 4 * # # * # * # # # # * t t * # # # # # # # # # # # # # # * # * * # i # # i * 4 # # # # # # # # # # # # # # # # # * # # # Dollars ($325,670 to the Contractor by the Owner, all in accordance with the requirements and provisions of the Contract Documents. Alt of the Contract documents specified herein and the terms and provisions thereof are hereby made a part of this agreement in their entirety. ARTICLE II - TIME OF COMPLETION The work to be performed under this contract shall be commenced within ten (10) calendar days after the date of Notice to Proceed. The work shall be completed within one hundred and fifty (150) calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. If said work is not completed within the time stated above, the Contractor shall be liable, and hereby agrees to pay to the Owner as liquidated damages and for the extra Engineering expenses incurred, and not as a penalty, for the amount as shown in the Schedule of Liquidated Damages (See Article I - Contract Documents, General Conditions - 9) per calendar day for each and every day or part of a day thereafter that said work remains incomplete. • CONTRACT DOCUMENTS AGREEMENT-1 Northlake Boulevard Streetscape -Phase 1 North Palm Beach, Florida Prepared by: Michael Redd & Associates, PA Date: January 13, 2005 • ARTICLE III -PAYMENT 1. Progress Payments. A. On not later than the first or fifteenth day of every month the Contractor shall prepare and submit a detailed estimate and payment requisition on a standard AIA form addressed to the Public Services Department covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or Contractor. This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. A partial Release of Lien shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. B. On or about the last day of the month to the fifteenth day of the following month after receipt of invoice, the owner shall pay to the Contractor ninety percent (90%) of the value based on the Contractor's estimate and invoice as approved by the Village Engineer, less the aggregate of previous payments. It is agreed that the Village Engineer shall have the right to finally determine the amount currently due to the Contractor. PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the Public Services Department so that they may be approved by the Village Engineer. The Public Services Department will not be responsible for any delay in meeting the above mentioned payment schedule if the Contractor submits his estimate and invoice to another department. 2. Final Payment A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Project Engineer /Landscape Architect shall within five (5) calendar days make such inspection and when he finds the work acceptable under the contract, and Contract fully performed, he will promptly issue a final certificate over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within seventy (70) calendar days after the date of said Final Certificate. B. Before final payment is due the Contractor shall submit evidence satisfactory to the Village Engineer that all payrolls, materials bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by Surety or Performance bond. C. ; The making and acceptance of the final payment shall constitute a waiver of all claims by the "Contractor, except those previously made and still unsettled. D. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the contractor, and the Project Engineer/Landscape Architect so certifies, the Owner shall upon certificate of the Project Engineer/Landscape Architect, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver. • CONTRACT DOCUMENTS AGREEMENT-2 Northlake Boulevard Streetscape-Phase 1 North Palm Beach, Florida Prepared by: Michael Redd & Associates, PA Date: January 13,2005 • VILLAGE OF NORTH PALM BEACH, FLORIDA, OWNER By ~ '~ ~l/1 ` MayorNillag Adminis ator (Seal) • TAYCON CO By N MANAGEMENT, INC rNDLAR ~~ ~'S'l fl~e~~ ATTEST: ~.~ /G~' L,.D~G~G~I~ Village Clerk ATTEST: Title \\Mrawpbf0l\Workfiles\PROJECT\Northlake Construction\NEW BID DOCUMENTS 12.04\ArtiGe 1\06 -Agreement -rev 7.doc CONTRACT DOCUMENTS AGREEMENT-3