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HomeMy WebLinkAboutRES 11-285 RESOLUTION NO. 11-285 WHEREAS, bids were solicited for site work associated with the installation of a truck scale at the Beaumont Landfill; and, WHEREAS,Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$79,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting, Inc. 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 Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $79,000 for site work associated with the installation of a truck scale at the Beaumont Landfill be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - ayor Beck Ames - i Section 0600 AGREEMENT THIS AGREEMMgT made this Z7th day of Sgt=ker in the year 20.U,by and between The City of Beaumont,a legal entity organized and existing in the State of Texas,hereinafter designated as the Owner, and Brvstar Contracting,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: BEAUMONT LANDFILL SITE WORK FOR SCALE INSTALLATION The Work is generally described as follows: Installation of concrete deck above-ground scale with approach ramps,concrete pavement,and all accessories as shown on plans and discussed in the speciicttions.. 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 Calendar 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 12 of the General Conditions.They also recognize the delays,expense,and difficulties involved inproving in alegal proceedingthe 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$1,000.00 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 ofthe 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. ARTICLE4. 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 ofthe.Contract, Supplementary.General Conditions of the Contract,General Summary of the Work,Technical Specifications, Special Specifications, Drawings listed in the Schedule ofDrawings in the Supplementary General Conditions ofthe Contract,General Notes,Addenda Numbers 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 o£ 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 The Engineer will prepare monthly Progress Payment Schedules based on measured progress of the work in accordance with Article 14 of the General Conditions and Suppleruentary General Conditions. Monthly Progress Payment Schedules will be processed for payment by the Owner as provided in the General Conditions. ARTICLE b. 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. AMCELLANEOUS 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 patty 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. i 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 STATE OF TEXAS W. g. L , Contractor By: By: City Manager Title: Attest: &- 61Q4attd Attest: mod---- City Clerk ;or Witness Address for giving notices: City Engineer City of Beaumont PO Box 3827 Beaumont,TX 77704