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Home My WebLink AboutRES 21-164RESOLUTION NO. 21-164 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of construction services from Construction Managers of Southeast Texas, LLC, of Port Arthur, Texas, for replacement of the roof system at the Fleet Fire Maintenance Shop located at 1125 Archie Street, in the amount of $200,675.00, through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. 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 13th day of July, 2021. G�V�` MONT \,�1 - Mayor Robin Mouton - ® S� tittai� %1N�.<= AGREEMENT THIS AGREEMENT made this 20th day of July in the year 2021, by and between The City of Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Construction Managers of Southeast Texas, 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: Contract to Replace the Roof System at the Fire Fleet Maintenance Facility Located at 1125 Archie Street, Beaumont Texas The Work is generally described as: Furnishing_all labor, material, equipment, and to perform all work necessary to complete the replacement of the entire roof system, make necessary deck repairs, and install metal panels where asbestos siding has been removed. All work shall be performed as described and shown on City of Beaumont Fire Maintenance Drawing A-1, A-2, and A-3 and as described in Construction Managers of Southeast Texas's proposal dated June 24, 2021. 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 in 60 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, 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 penalty) the Contractor shall pay the Owner the sum of $0 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 in the amount of $200,675.00. ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents 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 General Conditions of the Contract, General Notes, Addenda Number N/A , 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 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 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. The Contractor agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the Contractor of those services contemplated by this Agreement, based upon the negligent acts of Contractor, its officers, agents, employees and expressly including allegations of negligence, acts or omissions of the City of Beaumont, its agents, officers or employees, when such negligence to the City arises from the vicarious negligent performance of professional work undertaken by Contractor hereunder. IN WITNESS WHEREOF; the Owner and the Contractor have caused this Agreement to be executed the ;day and: year first written above. . CITY OF'BEATJMONT Construction Manakers of'S.outheast Texas,.LLC. STATE OF TEXAS L B CONTRACT By: y. City Manager Title: Attest. Attest:tc�¢, u City .Clerk 'Title: 3 WIT (*zw �P 225 HIGHWAY 365-PORT ARTHUR, TEXAS. 77640 - PHONE (409) 736 - 9010- FAX (4.09) 7369020 Tune 24, 2021 Jimmy Bevilacqua Project Coordinator 184.8 Pine St. .B'eaumont, TX 77704 Re: Fire_ Fleet Maintenance Building 1.125 Archie Beaumont, TX. TIPS Reference #: 200201 Jimmy: Please see below our proposal for the Fire Fleet Maintenance Building -Repairs on 1125 Archie St. Scope of Work: I.Remove-existing gravel with, spud machine down to vapor barrier over wood deck and remove, all gravel'off site. 2.Sweep clean existing surface to .be roofed. 3.1hstall overflow scuppers ,at drain- cutting notch out of angle — 4-inch-wide and two-inch=deep at each drain to meet drainage standards. 4.Install tapered insulation between .drains to make crickets. to allow equal waterflow to each drain. ISO insulation will be fully adhered with Duro-Last CR20 board max alybond adhesive in ribbon pattern. 5.Install'/z Dens deck Rilly adhered with DuroLast CR20 board maxin ribbons cover the entire surface of roof. 6.Install DuroLast 80 mil (ally adhered to dens deck with CR20 water base adhesive over entire roof surface. 7.Iustall pre -molded pipe boots, drain boots, wall flashing, term bar, etcwelded to roof surface. 8.1nstall new facial flashing two piece with cleat -and snap on facial — color to match. beams. 9. Approximately 100' of wall repairs. 10. Cover windows, with metal, panels and flashings 11. Deck Repairs as -listed on theproject drawings sheets A-1 thru A-3. Cost for scope identified above: Sincerely, Construction Managers of Southeast Texas, LLC $200,675.0a Jose Cardenas: Comtruction,Managers sr L of Southeast TexJLC CC: Bruce Reyes— MOST