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Home My WebLink AboutRES 23-006RESOLUTION NO. 23-006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont solicited bids for the Phase it renovation of the third floor of the Municipal. Court building located at 700 Orleans Street; and, WHEREAS, Delk Construction Inc., of Port Arthur, Texas, submitted a bid in the amount of $216,000.00 to complete the base bid and $12,000.00 for Alternate #1 for new flooring as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Delk Construction Inc., of Port Arthur, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Delk Construction Inc., of Port Arthur, Texas, in the amount of $228,000,00 as shown in Exhibit' A," attached hereto, for the Phase 11 of the third -floor renovation of the Municipal Court' building located at 700 Orleans Street; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Delk Construction Inc., of Port Arthur, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2023. Mayor Robin Mouton -- � - r \\ \ \ )/ m to ^ _ ;� � f* do A \ q e ƒ G / / to �§ e G ) § » \ } } ! fCIT� � & � a § � > e 0 I k ] ) §§ !# ) J2 § $\ ; 32 k di 0 2 CL o ■ 0 AGREEMENT THIS AGREEMENT made this 1st day f February in the year , b and between The City of ea mont, a legal entity organized aid existing in the Mate of Texas, hereinafter designated as the Owner, and Dells Construction hereinafter designated as the CONTRACTOR. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE ICL 1. THE 'CORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule s of the Owner's Contract Docinnents entitled: Contract t for Phase 11 of the YdFloor Renovation of the Municipal Court Building Located at 700 Orleans Street, Beatimont Texas 77701 The Work is generally described as: Furnishing all labor, supervision, material, equipment, and to perform all work necessary to complete the renovation of the area located on the third floor of the Beaumont Municipal Court. All work shall be performed as described in the City of Beaumont Contract Bid Documents TF 112 - 07, including addend nts #1, #2 and 93, and the drawings prepared by the La iche Architectural firm dated-11.-0. ARTICLE 2. TIME F COMMENCEMENT CJ4. ME F COKPLE ION The Work to be perfornied under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed in 70 calendar clays. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will stiffer 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 3 of the Instructions to Bidders. 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 penally) the Contractor shall pay the Owner the sum of $250 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 nained in the Contractor's Bid in the total amount of $228,000.00. The breakdown wn of the total bid ineltides the Base Bid amount of $216,000.00 plus the Alternate ## I amount of l ,o . o. ARTICLE 4. THE CONTRACT DOCUMENTS 'rhe Contract Doeut ents consist of. Scope of Work, Information Required of Bidder, Agreement, Performance Bond, Payment Bond, Schedule of Prevailing Local wage Rates, General Summary of the Work,, Technical Specifications, Drawings listed in the Schedule of Drawings in the Supplementary ry General Conditions of the Contract, General Notes, Addenda Number I, 2, & 3 , inclusive, 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 Doerr eats subsequent to Award consist of: Notice ofAward, Certificates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of Attorney to accompany the executed Performance and PaymentBonds) and Notice to Proceed. The Schedule of Drawings shall consist of the following-. Sheets AO.o, A.1, , A2. O, A .o, A4.0, A - I, M . o, M 1.0 1, M2.015 M . 1, EO.003 EO.o f, E 1.0 1 , E 1. 2, E2.015 .01, E4.01, E . I, E9 . 01, E2.0. ARTICLF, 5, PAYMENT PROCEDURE'S Payment will be jade in accordance with Article 5 of the General Conditions of the 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 nown to the giver of the Notice. ARTICLE 7. YHSC LLANEOUS 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 assignli-lent by a party hereto of any rights Linder or interests in theConti-act Documents will he binding on another party hereto without the written consent of the party sought to be bound; and pecif�ically but without limitation monies that i ay become due and ironies that are due may notbe assigned without such consent (except to the extent that the effect of this restriction may be limited b 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 bind 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. ARTICLE 8. LIABILITY T HE CONTRACTOR AGREES To INDEMNIFY, DEFEND AND D HARMLESS THE CITY of BEAUMONT AND ITS AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY KIND, FOR INJURY To OR DEATH of ANY PERSON AND DAMAGES To PROPERTY ARISING OUT of OR IN CONNECTION WITH WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDIjESS OF WHETHER THE CLAIM. DAMAGE, LOSS, EXPENSE, IS CAUSED, OR. ALLEGED TO BE, CAUSED. IN WHOLE, OR IN PART BYTHE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDENINITEE. Contt,,actor lives all rights of recovery, and it insurei's also waive all right of subrogation. of damages against the City andits agents,officers, directors, and eniployees for damages covered b�y, the wor,-kei-'in,peiisat'lloii and employers'liability or conimercial. miib�rlefla or excess liability oil - business atttonioblile coverage obtained, by Contractol", l*equired in this Agreei.uent, where permitted by law. This wal"Vel"I'll list be stated in the City's, approved Certlifica te of Insurance. The fact, that insure i ance s obtained by the Contractor on behalf of Clity will not be deeined to, reeleas,e: or diminish the liability of Contractor, including, without limitation,liabillity underthe hideninit3T provisions of thlis Agi, eetnent. Damages recoverable by Clity from, Contractor or any third party will not be limited by the amount of the requiredinsure aiice covet -age. IN Wjr f'"Nl_"4.,SS WHERE.01F. the Owner and flile Co�ntrlactor have caused this Agreetnent to be executed the clay and year first written, above,. CITY OF BEAUMONT STATE 01"I"EXAS mw By: 1' City Manager� 0 0�j - 10 Aftest. City Clerk elk Construction, 111C. CON"'IRACTOR I