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HomeMy WebLinkAboutRES 23-058RESOLUTION NO. 23-058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the purchase and installation of a standby generator at the Water Utilities Service Center; and, WHEREAS, A & A Electric Co. of Beaumont, Texas, submitted a bid in the amount of $163,377.00 with 540 calendar days to complete the work and $1,452.00 for Alternative #1 to provide a five (5) year Limited Warranty on the generator and a three (3) warranty on the automatic transfer switch; and, WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric Co., 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 bid submitted by A & A Electric Co., of Beaumont, Texas in the amount of $164,829.00 for the purchase and installation of a standby generator at the Water Utilities Service Center be accepted. 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 14th day of February, 2023. 9-4�'e4 /-�O'U� - Mayor Robin Mouton - CITY OF BEAUMONT — PURCHASING DIVISION EAU O • ` °NT Terry Belch - Purchasing Manager r EX A S terry.welch(fteaumonttexas.gov Contract for the Purchase and Installation of a Standby Generator at the Water Utilities Service Center, BID TABULATION: Beaumont, Texas BID No. TF0123-11 OPENING DATE: Thursday, February 2, 2023 A & A Electric Co. Gulf Coast Electric C. Inc. Electrical Specialties Inc. Texas Elite Electrical Vendor Services City / State Beaumont, Tx Beaumont, Tx Beaumont, Tx Liberty, Tx Description Bid Price Bid Price Bid Price Bid Price Base bid for scope of work as $163,377.00 $199,850.00 $209,000.00 $216,443.00 specified. Alternate #1 Five year generator extended Limited Warranty and $1,452.00 $450.00 $2,800.00 Included Three Year Automatic Transfer Switch Limited Warranty Completion Time including S40 Calendar Days 450. Calendar Days 500 Calendar Days 455 Calendar Days material delivery time. Qulified Low Bidder is A & A Electric Co. of Beaumont as High lighted. EXHIBIT "N, AGREEMENT T IS AGIE MItNT made this tl ,day off'March in the year 2023, by andbetween The City of Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner,, and A & A EleetricCo, of Beatimont, Inn. hereinafter designated as the CONTRACTOR. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set foilh, agree a follows: ARTICLE 1, THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule of the Owner's Contract Documents entitled: Contract for the Purchase and Installation of a Standby Generator at the Water Utilities Service Center Located at 1350 Lan liam, Beaumont Texas 77707 The, Work is generally described as: Furnishing all labor, material, and equipment, necessary to complete all work as specified for the installation of the new Kolderg standby generator at the Water Utilities Serw i e Center. All work shall be performed as described in the City of Beatimont Contract Bid Do um nts T ' 1 -11 and drawing -1. I ARTICLE . TIME, OF COMMENC MEJ I T OF COMPLETION The Work to be performed tinder this Conti -act shall be eoninienced on the date specified by the Owner in the Notice to Proceed and the Work shall be frilly completed in 540 calendar days. 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, phis 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 1s 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 suin of for each calendar day that expires after the time specified in this Article 2, herein. AJZTICLE 3, CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in eurrent funds the Contract Prices named in the Contractor's Bid In the amount of $16029.00, The breakdown of the total bid *Includes the Base Bid amount of $163,377.00 plus the Alternate 1 in the amount of $1,,452.00. ARTICLE, . THE CONTRACT T DOCUMENTS The Contract Docunients consist of: Notice Inviting Bids, Instructions to Kidders, Scope of Work, Bid Form (Bid, Bid Schedule s and Bid Summary), Bias Bond, Corporate Resolution, In on -nation Required of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment, MBE Schedule C, Schedule of Prevailing Local wage Dates, General Conditions of the Contract, General Summary of the Work, Technical Spec if ieations, Special Specifications, Drawings listed in the Schedule of Drawings in the Supplementary General Conditions of the Contract, General Notes, Addenda Number L , 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 Documents subsequent to Award consist of: Notice of Award, Certificates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of Attorney to aec mparry the executed Performance and PaymentBonds) and Notice to Proceed. ARTICLE 5, PAYMENT PROCEDURE S Payment will be made in accordance with the prov isions set forth in the B id Spec i ca.tlon ` F 0 1 -11. ARTICLE 6. NOTICES Whenever any provision of the Contract l ocunients 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 r t 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?, MISCELLANEOUS Terms . used in this Agreement are defined in Bid Specification TFo 12 -1 F No assiginnent by a party hereto of any rights tinder or interests in the Contract Documents will be binding on another parity hereto without the written consent of the party sought to bebound; 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 its any written coDollt to an assignment no assignment will release or discharge the assignor from ny duty or responsibility under the Contract Documents. The Owner and the Contractor each hind 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 THE CONTRACTOR TI ACTOR AGREES TO INDEMNIFY, DEFEND .AND HOLD HARMLESS THE CITY of B sA lONT AND ITS OFFICERS, AGENTS, AND EXPLOYE ES FROM ANY AND L CLAIMS, S, CAUSES OR ACTION, AND .MACES OF E VERY KIND, FOR INY.Y T OR DEATH ANY P._ .RS N ,AND DAMAGES S 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 S R EMPLOYE ES IN CONNECTION WITH S 1 D CONTRACT, THE ', RTIES INTEND THIS INDEMTIF ICTIN TO APPLY REGARDLESS of WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPE NSE IS CAUSE% OR ALLEGED TO BE CAUSE, D, IN WHOLE R IN PART BY THE NE GLIGENCE OF TIT, SUBCONTRACTOR OR ANY D D. A11NI E.,. 6 Contractor waives all rights of ryec vex#y, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors, and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability or business arrtoi obafe coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver rust be stated in the ity's approved Certificate of Insurance. The fact that insurance is obtained by the Contractor on behalf of City will not be deemed t release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City froln Contractor or any third party will not be limited by the amount of the required insurance coverage, IN WITNESS WHEREOF, the Owner and the Contractor have causedthis Agreement to be executed the day and year first written above. CITY OF BEAUMONT STATE TEXAS F y: City Manager f Attest: City Clerk &A Electric Co. of Beaumontjnc,, CONTRACTOR y; 5 Title: 4 Attest; 4J- Title: '