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Home My WebLink AboutRES 21-305RESOLUTION NO. 21-305 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of replacement seating for the Civic Center located at 701 Main Street from Irwin Seating Company, of Grand Rapids, Michigan, in the amount of $389,923.61 through the OMNIA 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 9th day of November, 2021. 3:�A - Mayor Robin Mouton - Ila LAX THIS AGREEMENT made this 22 ' dayof November in the year 20121, by and between The City of Beaumont, a legal, entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Irwin Seating Company hereinafter designated as the CONTRACTORIVENDOR. The Owner and the Contractor/Vendor, in consideration of the mutual covenants hereinafter set forth, agree as follows: The Contractor shall complete the Work as specified or indicated in the City of Beaumont e-mail request dated September 21, 202 1, requesting a proposal utilizing a state approved procurement group for the project entitled: Contract to Replace the Civic Center East, West, and South Side Upper Seating Located at 701 Malin Street, Beaumont, Texas The replacement of the Beaumont Civic Center east, west, and south side upper seating including the removal and disposal of the existing seating, furnish and install 1827 new seats as approved by the City of Beaumont,, and 136 new aisle lights. Included in this agreement is the furnishing of a Performance and Payment Bond and all necessary freight costs to the facility located at 701 Main Street. The Work to be performed underthis, Contract shall be commenced on the date specified by the Owner 1 theNotice to Proceed and the Work shall be fully completed as noted in theNoitice to Proceed. 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). The total contract Bid Price is $389,923.61. (The breakdown of costs included in the total bid price is as follows) Seating as specified - $308,708.19 Freight to jobsite - $12,255.00 Receive and install fixed seating -- $43,848.00 Performance and Payment Bond - $5,472.17 Remove and dispose of existing seating, including break and patch anchors - $19,640.25 ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents, which constitute the entire agreement between the owner and the Contractor, are enumerated as follows: a) Email request for proposal, including Civic Center Seating Count layout, dated September 21, 2021. b) Civic Center Upper Seating Replacement Aisle Lighting count letter dated September 23, 2021. c) Irwin Seating Company Proposal dated October 28, 2021. d) Documents which will become part of these Contract Documents subsequent to Award consist of the following: i. Notice of Award and/or Purchase order ii. Certificates of Insurance i ii . Evidence of workers Compensation coverage iv. Surety's Powers of Attorney (to accompany the executed Performance and Payment Bonds) V. Notice to Proceed ARTICLE 5. PAYMENT PROCEDURES Payment will be made in accordance with the following City of Beaumont guidelines: A. Payment by City to ContractorNendor for services rendered pursuant to this Agreement shall be made within thirty (30) days after receipt of a correct invoice, provided the work is complete and fully complies with the Contract documents and this Agreement. In the event of a disputed invoice, City shall notify ContractorNendor, in writing, of the specific nature of the dispute. The City shall not be obligated to pay the invoice in dispute until the same has been satisfactorily resolved by the City and the ContractorNendor. B. The ContractorNendor shall not invoice the City for any materials or work that has not been delivered or completed at the physical job location. No down payments are allowed. C. Monthly Progress Payments: i. Monthly Progress payments will be allowed for work performed or delivered to the site. ii. The ContractorNendor must submit a schedule of values pay application for City review prior to the start of any work. iii. The ContractorNendor must hold a 5% retainage for all completed work billed per month. iv. Progress payment requests must be submitted to the City on or before the 51h calendar day of each month. V. The net payment due to the Contract orlVendor shall be the Contractor's total earnings to date from which will be deducted the amount of the retainage specified herein .. the total amount of all previous payments made to the ContractorlVendor; any special deductions in the Contract price. vi. The City will review the Progress Payment Schedule and either accepts it for payment, or within seven (7) calendar days, return it to the ContractorlVendor, noting in writing the exceptions taken to the Schedule as submitted. vii. The City may refuse to make payment of the full amount recommended by the ContractorlVendor because claims have been made against the Owner on account of the ContractorNendor's performance of the work, or liens have been filed in connection with the work, or there are items entitling the City to a credit against the amount recommended, but the City must give the Cont ractorlVendor written notice within seven (7) days of receipt of the ContractorNendor's recommended progress payment schedule stating the reasons for such action. D. The final progress payment due shall equal the sum value of completed items of work plus the value of completed Change order work less 5% retainage, less special reductions (as applicable), less Liquidated Damages (as applicable), and less all previous payments. E. once the City is satisfied that the work has been completed and that the ContractorNendor's obligations under the requirements of these Contract Documents have been fulf Iled, the owner will, within 30 calendar days after acceptance of work, make final payment to the ContractorlVendor. F. The acceptance by the Contract orlVendor of the final payment shall be a release of the City and its agents from all claims of liability to the ContractorlVendor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating to or affecting the work, except demands made against the City for the remainder, if any, of the amounts kept or retained under the provisions note herein; and excepting al pending, unresolved claims filed prior to the date of the Notice of Substantial Completion. ARTICLE 5. 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. LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL. CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY KIND, FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE U81 i1 Contractor waives all rights of recovery, and its, insurers also waive all right of subrogatwn ot damages against the City andagents, officers, directors and empiloyees for damages covered by the workers" compensati on and, employer's liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City's approved Certificate of insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Conti -actor, including, without limitation, liability under the indemnity provisions, of this Agreement. Damages recoverable by City from Contractor or any third party will not be lim ited by the amount of the required insurance coverage. The Owner and the Contractor each binds Itself, its partners, successors, assigns, an d 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. Irwin Seating, Company CONTRACTOR By: TitlDpence,Beaedict Dlirectoir of Sales 12-2-2021 Attest: Title: a V Sr. P & Corporate Secretary et I ** NwkN,