HomeMy WebLinkAboutRES 23-104RESOLUTION NO. 23-104
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, bids were solicited for the Southwest Elevated Storage Tank
Rehabilitation Project; and,
WHEREAS, Viking Painting, LLC, of La Vista, Nebraska submitted a bid of
$1,348,440.00 for the rehabilitation of the one (1) million -gallon elevated water storage
tank located on Municipal Drive; and,
WHEREAS, City Council is of the opinion that the bid submitted by Viking
Painting, LLC, 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 Viking Painting, LLC, of La Vista, Nebraska of
$1,348,440.00 for the rehabilitation of the one (1) million -gallon elevated water storage
tank located on Municipal Drive 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 18th day of
April, 2023.
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- Mayor Robin Mouton
March 24, 2023
Atnalia "Molly" Villarreal, P.E.
City of Beaumont
City Engineer
801 Main Street
Beaumont, Texas 77701
Re; City of Beaumont
Southwest Elevated Storage Tank Rehabilitation
Recommendation of Award
Dear Ms, Villarreal,
1i
SCMAUMDURG POLK,il\rs:
ijs7fi;Ni�i;P�1�3f�!Ir��G!',I �k<briij.{�k.l;lalf'iit}Ic{� i
Based on a review of the bids received Thursday, March 23, 2023, and verification of the
references, it Is our recommendation that the above referenced project be awarded to
Viking Painting, LL,C. for the Base Bid Items 1 thru 19 in the amount of
$1,348,440.00. See attached Bid Tabulation,
Sincerely,
SCHAUMBURG &
Nestor Barrg6ta
Project Manager
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Section 0600
AGREEMENT
THIS AGREEMENT made this day of in the year 20 , by and between The
City of Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and
Viking Painting, LLC 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:
CITY OF BEAUMONT
SOUTHWEST ELEVATED STORAGE TANK REHABILITATION
BID NO. WU0123-08
The work is generally described as follows:
Surface preparation and coating of all interior wet and dry surfaces and exterior surfaces of tank, including
painting logo (s). The project also includes miscellaneous tank repairs, & site restoration.
ARTICLE 2. TIME ALLOWED FOR WORK: COMMENCEMENT TO COMPLETION
The work to be performed under this Contract shall be commenced on the day specified by the Owner in the Notice to
Proceed and the work shall be fully completed within 150 working days after the date of commencement of the work.
The Owner and the Contractor recognize that time is of the essence with 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 12, Section 1100 of the General Conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal preceding 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 7$ 85.00 for each calendar day that expires
after the time specified in this Article 2, herein, plus any authorized extensions.
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), including any authorized changes.
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, South African Product
Exclusionary Agreement, 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,
Addenda Number 1 to 1 , 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 Power of Attorney (to accompany the
executed Performance and Payment Bonds) and Notice to Proceed.
ARTICLE 5. PAYMENT PROCEDURES
The Engineer will prepare monthly Progress Payment Schedules based on measured progress of the work in accordance
59
1
with Article 14 of the General Conditions and Supplementary General Conditions. Monthly Progress Payment Schedules
will be processed for payment by the Owner as provided in the General Conditions.
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 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 are defined in Article 1 of the 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 HEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first
written above.
CITY OF BEAUMONT
STAT F TE S
By:
Title: Citv Manner
n
Atte -4uafilmxall
Witness, City Clerk
I Address for giving notices:
g g
City of Beaumont
Amatia "Molly" Villarreal, P.E., Cl
801 Main Street, Suite 200
P.O. Box 3827
Beaumont, Texas 77704
Viking Paining, LLC
Contractor
By: Of Sud&ok
Title: 1'�►P51(,(,uV+
La Vista, NE 68128
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