The URL can be used to link to this page

Home My WebLink AboutRES 22-157RESOLUTION NO. 22-157 WHEREAS, bids were solicited for the installation of cantilever gates and ornamental fencing at the Police Department facility located at 255 College Street; and, WHEREAS, U.S. Fence & Gate, of Lake Charles, Louisiana, submitted a bid in the amount of $62,350.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by U.S. Fence & Gate, of Lake Charles, Louisiana, is the lowest responsible bidder providing the best value to the City and 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 U.S. Fence & Gate, of Lake Charles, Louisiana, in the amount of $62,350.00, for the installation of cantilever gates and ornamental fencing at the Police Department facility located at 255 College Street be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager is authorized to execute a contract with U.S. Fence & Gate, of Lake Charles, Louisiana, for the purposes described herein. 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 28th day of June, 2022. - May Robin Mouton - AGREEMENT THIS AGREEMENTmade this Ist day of August in the year 2022, by and between The City of Beaumont, a legal entity organized and existing its the State of Texas, hereinafter designated as the Owner, and U.S. Fence & Gate of Lake Cliarles, Louisiana hereinafter designated as the CONTRACTOR. . The Owner and the Contractor, in consideration of the intitual covenants hereinafter set forth, agree as o l i ows : ARTICLE 1. TH-E WORK The Contractor shall complete the Work as specified or indicated wider the Bid Schedtfle s of the Owner's Contract Do tinients entitled: Contract for the Installation of New Cantilever Gates and Ornamental Fence at the Beaumont Police Department Located at 255 College Street, Beaumont Texas The Work is generally described as: Furnishing all labor, supervision, material, equipment, and to perform all work ecessaiT to complete the installation of the new cantilever gates and ornamental fence sections, All work shall be performed as described in the City of Beaurnont Contract Biel Documents T ' 422-2 , including addenduin fit, and the drawings prepared by the City of Beaumont Facilities Maintenance Department dated 2-1. -2 22. ARTICLE 2. TIME, OF COMMENCEMENT MENT OF COMPLETION The Work to be perforrned tinder this Contract shall be commenced oil the date specified by the Owner ill the Notice to Proceed and the Work shall be folly completed in 92 calendar days. The Owner and the Contractor recognize that time is ofthe essence of this Agreement and that the Owner will stiffer 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 tir e. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as ligtiidated damages for delay(but not as a penalty) the Contractor shall pay the Owner the stim of $0 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3, CONTRACT PIUCE The Owner shall pay the Contractor for the completion of the 'work in accordance with the Contract l oeum eats in ctirrent fiends the Contract Price(s) named in the Contractor's Bid its the aniotint of 2.30,. The Contract Docurrients consist of. Scope of Work, Information Required of Bidder, Agreenient, Performance Bond, Payment Bond, Schedule of Prevailing Local Wage Fates, General Surni ary of the Work, Technical Specifications, Drawings listed in the Schedule of Drawings in the Supplementary General Conditions of the Contract,, General Notes, Addenda Number I , 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 f: Notice of Award, Certificates ates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of Attorney to accompany the executed Performance and Payment Bonds and Notice to Proceed. The Schedule of Drawings wings shall consist of the following: Sheets Al, A . ARTICLE 5. PAYMENT PROCEDURE, S Payment will be rude in aeeordan e with Article 5 of the General Conditions of Agreement. ARTICLE , 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 mernber of the firin or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified rnai , postage prepai , 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 e dUe and monies that are due may not be assigned without stich 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 Doetin-ients. The Owner and the Contractor each bind itself, its partners, successors, assigns, and legal representatives to the other parity hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. INDEMNITY: The ontr t x, agrees to ind ninify, defend and hold harmless the City of Beaumont and its officers, agents, and employees from any and all clams, causes or action, and loaf es of eveiy kind, foi* injury to or death of any pei-son and damages to property arising out of or in connection with woi-k done by the onti•a for under- this contract, and including acts oi- o fissions of the City of Beaumont or its officers, agents oi• employees in connection witli said contract. The parties intend dole indeninification to apply regardless of whether the claim, damage, 0 loss, or expense is caused, or, alleged to be caused, lin whole or lin part, by the negligence of the subcontractor or any indenimitee., Contractor waives all r1glits of recovery, and its insturers alsowaive all right of subrogation. of' damages against the City and its agents, officer's, directors, mid, eniployees for datnag' es covet"ed y b 'the workers' coin pensation and employ,ers' liabillity or commercial umWIvila or excess liability or business automobile coverage obtained by Contractor required in thi's Agreenient, where permitted by law. This waiver must be state(I in the City's approved Certifficate ofttismrauce. The fact that ini sttrance s obtained by Contractor on behalf'of City gill not be deemed to release orI dint n'sh the liabi ity of'Cuiilractoi, ine1tiding, without finuitation, liability under the'indeninity 0 pi"OvIsions. of this Agreement. Daniages recoverable by City from Contractor or any third party will. tint be limited by the amount of the required itisurance coverage. IF1"NES EOF WHERthe r Owneand the Cotiftaictor have caused this Ag�ivei,nctit to be executed file, N W day mid year ffi-st wrlitteii above. U.S. Fence & Gate, -u ke Charles, Louisiana I P 0 111tet-ini City Matiagei.- Attest: vvlaz OA C 4iC I e Mir-k