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Home My WebLink AboutRES 09-338 RESOLUTION NO. 09-338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to The Garland Company, Inc., dba Design-Build Solutions, Inc., of Cleveland, Ohio, in the amount of$285,430 for roof replacement on the Police Property Building located at 790 Orleans to include all labor, materials, and equipment, through the Texas Multiple Award Schedule contract. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of November, 2009. ,. t, ayor Becky Ames - i � w lA i AGREEMENT THIS AGREEMENT made this 12 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 The Garland Co.,Inc.,DBA Design-Build Solutions,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: POLICE PROPERTY BUILDING ROOF REPLACEMENT The Work is generally described as follows: ROOF REPLACEMENT ON THE POLICE PROPERTY BUIDLING, FORMERLY KNOWN AS THE GOODWILL BUILDING ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed 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 within 90 working days after the date of commencement of the Work. 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$ 100 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 air 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 i /l By. City M er Title Attest:�— %� �i��'�(�_�'(C% Attest:_ City Clerk Secretary (Affix Corporate Sea]) Xw� AW T �•w / f w e � /