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2004-038 Terminates Taycon Agrmt. for Phase 1 NLB Streetscape ProjectRESOLUTION 38-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AGENT FOR THE NORTHLAKE BOULEVARD TASK FORCE, WITHDRAWING FROM AND TERMINATING THE AGREEMENT WITH TAYCON CONSTRUCTION MANAGEMENT, 1NC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT WAS FOR IMPLEMENTATION OF THE NORTHLAKE BOULEVARD TASK FORCE PHASE 1 STREETSCAPE PROJECT FOR THE NORTHLAKE BOULEVARD CORRIDOR FROM MILITARY TRAIL TO U.S. HIGHWAY NO. 1; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village of North Palm Beach, City of Palm Beach Gardens, Palm Beach County, and Town of Lake Park previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force on September 2, 1997; and WHEREAS, said Interlocal Agreement was subsequently amended by First Amendment to Interlocal Agreement, which was effective on August 20, 1998, and by Second Amendment to Interlocal Agreement, which was effective on August 22, 2000; and WHEREAS, the Town of Lake Park has passed a resolution withdrawing from the Northlake Boulevard Corridor Task Force; and WHEREAS, the Village of North Palm Beach, City of Palm Beach Gardens and Palm Beach County have entered into an Amended and Restated Interlocal Agreement to continue the Northlake Boulevard Task Force; and WHEREAS, the Village of North Palm Beach, under authority from and as agent for the Northlake Boulevard Task Force, accepted the bid of and entered into an agreement with Taycon Construction Management, Inc., for implementation of the Northlake Boulevazd Task Force Phase 1 Streetscape Project for the Northlake Boulevazd corridor from Military Trail to U.S. Highway No. 1; and WHEREAS, the Florida Department of Transportation has advised the Northlake Boulevard Task Force that the Village needed to be licensed (certified) prior to going out to bid and prior to having entered into the agreement with Taycon Construction Management, Inc., and further • advised the Village needs a Local Agency Program Agreement with the Department of Transportation prior to the project being rebid; and WHEREAS, the Florida Department of Transportation has advised the Task Force the above • steps must be taken, as well as all of the bid documents and contract documentation being approved by Florida DOT prior to a contract being signed and that the above requirements are required in order for financing of the project to be placed and federal funds expended; and WHEREAS, the Village was not certified nor a Local Agency Agreement signed prior to the Village going to bid and entering into an agreement with Taycon Construction Management, Inc.; and WHEREAS, Northlake Boulevard Task Force held a meeting on June 28, 2004, and unanimously voted to recommend to the Village of North Palm Beach to terminate the contract with Taycon Construction Management, Inc.; and WHEREAS, the Village of North Palm Beach, as agent for the Northlake Boulevard Task Force, entered into the agreement with Taycon Construction Management, Inc., and pursuant to the mandate of the Northlake Boulevard Task Force is obligated to withdraw from and terminate such agreement. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The above recitals are incorporated herein and made part of this resolution. Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby withdraw from and terminate the agreement with Taycon Construction Management, Inc., attached as Exhibit "A", which agreement was for implementation of the Northlake Boulevard Task Force Phase 1 Streetscape project for the Northlake Boulevard corridor from Military Trail to U.S. Highway No. 1. Section 3. Certified copies of this resolution shall be furnished to City of Palm Beach Gardens, Palm Beach County, Taycon Construction Management, Inc., and such other persons, firms and entities as the Mayor directs. • 2 Section 4. This resolution shall take effect upon the Village receiving from the City of Palm Beach Gardens and the Board of County Commissioners, Palm Beach County, resolutions or other written communications from such agencies and acceptable to the Village that such agencies authorize the withdrawal and termination of such contract and that such agencies shall share with the Village on an equal basis any and all financial responsibilities or damages determined to be due and owing to Taycon Construction Management, Inc. as a result of cancelling such Contract, whether the determination of financial responsibilities or damages is determined either by way of settlement or by Court judgment. PASSED AND ADOPTED THIS 8th DAY OF JULY, 2004. ,,~iilillll4~/, i~ ` ~~(~ I ~'I lr '%~,,. 1~,rf ~•4 e~h ~~ I~ ~ t'~~ t . !a ~ ~i' ~ t `~. i ~~ i ~~ ~ '(V;illage' Seal j ~ ~l, ~ `\\~4~ ~~///////111111~1~1~\, ATTEST: VILLAGE CLERK • 3 Northlake Boulevard Streetscape -Phase 1 North Palm Beach !Lake Park, Florida Prepared by: Michael Redd & Associates, PA October 16, 2003 SECTION 6: AGREEMENT • This Agreement, made and entered into this 12th day of February by and between the Village of North Palm Beach, Florida, Palm Beach County, Florida, 20 04 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 1 -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 2003 for the Total Estimated Amount of: i + + * * # # * i # * * # * + # i # # i # f # * # # # # # # # * # * * * * * * * i i * # # # * * # * * # * # + # # # # * # # # # * * + f * + Dollars ($425, 1 26.08 to the Contractor by the Owner, all in accordance with the requirements and provisions of the Contract Documents. 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 of $1,000.00 per calendar day for each and every day or part of a day thereafter that said work remains incomplete. CONTRACT DOCUMENTS AGREEMENT-i Northlake Boulevard Streetscape -Phase 1 North Palm Beach /Lake Park, Florida Prepared by: Michael Redd 8 Associates, PA ' October 16, 2003 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. i 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 Contractot-`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 !Lake Park, Florida ~ Prepared by: Michael Redd 8 Associates, PA ` October 16, 2003 VILLAGE OF NORTH PALM BEACH, FLORIDA, OWNER B yor ~ e dmi istrator By INC. GA~2Y~ SZYNDLAR ~~~~~~ P ESIDENT ATTEST: ~oeai~ ATTEST: ~r Title W:\PROJECT\Northlake Construction\Bid DocumentslArticle 1106 -Agreement -rev 5.doc CONTRACT DOCUMENTS AGREEMENT-3