HomeMy WebLinkAboutRES 09-322 RESOLUTION NO. 09-322
WHEREAS, bids were solicited for the installation of an Automated Weather
Observation System at the Beaumont Municipal Airport; and,
WHEREAS, Vaisala, Inc., of Louisville, Colorado, submitted a bid in the amount of
$113,749; and,
WHEREAS, City Council is of the opinion that the bid submitted by Vaisala, Inc.,
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Vaisala, Inc.,of Louisville, Colorado, in the amount of$113,749
for the installation of an Automated Weather Observation System at the Beaumont
Municipal Airport be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
October, 2009.
c� 1+
a 0 - Mayor Becky Ames -
d. � , z o
AW
AGREEMENT
THIS AGREEMENT made this 4 day of November in the year 20 09 , by and between The City
of Beaumont, a legal entity organized and existing in the State of Texas,hereinafter designated as the
Owner,and Vaisala,Inc. hereinafter designated as the CONTRACTOR.
The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the
Owner's Contract Documents entitled:
PURCHASE AND INSTALLATION OF AN AUTOMATED WEATHER OBSERVATION
SYSTEM(AWOS)FOR THE BEAUMONT MUNICIPAL AIRPORT
The Work is generally described as follows: PURCHASE AND INSTALLATION OF AN
AUTOMATED WEATHER OBSERVATION SYSTEM(AWOS)FOR THE BEAUMONT
MUNICIPAL AIRPORT
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The site selection shall be completed and information filed with the FAA for approval within 90 days
following the execution of this Agreement. Following FAA approval, Owner shall issue a Notice to
Proceed and installation shall be completed within 90 calendar days thereafter.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed in accordance with Article 4 of the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the
Contractor shall pay the Owner the sum of$ 200 for each calendar day that expires after the time
specified in this Article 2,herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid
Forms (Bid, Bid Schedule(s) and Bid Summary), Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract,
Supplementary General Conditions of the Contract, General Summary of the Work, Technical
Specifications, Special Specifications, Drawings listed in the Schedule of Drawings in the Supplementary
General Conditions of the Contract, General Notes, and all Change Orders and Work Directive Changes
which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto.
Documents which will become part of these Contract Documents subsequent to Award consist of Notice
of Award, Certificates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of
Attorney(to accompany the executed Performance and Payment Bonds)and Notice to Proceed.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in accordance with Article 5 of the General Conditions of Agreement.
ARTICLE 6. NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail,postage prepaid,to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
Terms used in this Agreement which are defined in Article I of the General Conditions and
Supplementary General Conditions will have the meanings indicated in said General Conditions and
Supplementary General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all
covenants, agreements,and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF BEAUMONT CONTRACTOR
STATE OF TEXAS k I
t
By: _ By:
City M 4er � Title
Attest: , '1� t �! U✓� Attest:_ •'
City Clerk 9eeretffiy
(Affix Corporate Seal)
iio
1
w
Awl
rr �