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Home My WebLink AboutRES 22-196RESOLUTION NO.22-196 WHEREAS, bids were received for a contract to furnish all labor, materials, equipment and supplies necessary to perform masonry repainting and repair of the City Hall building located at 801 Main Street; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the amount of $189,000.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, 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 Marsh Waterproofing, Inc., of Vidor, Texas, to furnish all labor, materials, equipment and supplies necessary to perform masonry repainting and repair of the City Hall building located at 801 Main Street in the amount of $189,000.00, as shown on Exhibit 'A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with Marsh Waterproofing, Inc., of Vidor, Texas 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 16th day of August, 2022. - Mayor Robin Mouton - k \� 0 (a } \� § ® n■ 2) o k " 2k aE } [ / ƒ 7 A � i acc ( C g to m CL \40 \ to ; 3 { j _ a ƒ ƒ co / ( m CL 2 � \ & o ( / S ] / ( 9 o e e , 4 o z § § § c � \ / k z m « V J -nl (§ \ \ \ m\ \� to � �\ CL � Z ) ¢ EXHIBIT "A' AGREEMENT THIS AGREEMENT made this 31"' day of August in the year 2022, by and between The City of Beaumont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Marsh Waterproofing, Inc. hereinafter designated as the CONTRACTOR. The Owner and the Contractor, 1n consideration of the mutual covenants Hereinafter set foi-th, agree a follows: ARTICLE I. THE WORK The Contractor shall complete the 'Fork as specified or indicated under the Bid Seliedule s of the Owner's Contract Documents entitled: Contract for I a si 'mall Re -Pointing d Repair of the Beaumont City Hall Located at 801 Main Street, Beaumont Texas The Work is generally described as: Furnishing all labor, material, and equipment, neces aiT to complete all work as specified for the masonry wall re -pointing and repair on all exterior wall surfaces or the Beaumont City Fall as per the contract specifications and drawing -I & A- , ARTICLE 2.'TIME of COMMENCEMENT of COMPLETION The Work to be performed tinder this Contract shall be commenced on the date specified ied the Owner ill the Notice to Proceed and the 'Fork shall be filly completed in 90 calendar clays. The Owner and the Contractor recognize that time is of the 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, berelti, 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 a s I iqu id ated d amages for delay (bit not as a penalt r) the Contractor shall pay the Owner the stim of $250 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 ents in current finds the Contract l rice s named in theContractor's Bid and Bid Schedules in the amount of 1,o .o . ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid Forms (Bid, Bid Schedules and Bid Summary), Bid Bond, Corporate Resolution, Information Required f Bidder, Agreement, Performance Bond, Payment Bored, 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 ry General Conditions of the Contract, General Motes, Addenda Number N/A ', inclusive, and all Change Orders and Work Directive Changes which inay 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 Worker Compensation coverage, Surety's Powers of Attorney (to accompany the executed Performance and Payment Bonds and Notice to Proceed. ARTICLE 5. PAYMENT PROCEDURL, S Payment will be remade in accordance with the conditions of the contract documents. and standard payrrrent terrrrs as set forth by the City of Beaumont Purchasing Department. ARTICLE . NOTICES Wherever any provision of the Contract Documents ents requires the giving of written Notice, it shall be deemed to have b een v al idly given if del i vered ire person to the individual or to a niei ber of the firm or to an officer of the corporation for hog it is intended, or if delivered at or sent by registered or certified r aft, postage priep id, to the last business address known n to the giver of the Notice. ARTICLE 7. MISCELLANEOUS Terms used in this Agreementwhich are defined in the General Conditions and Supplementary ry General nditioDs Will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignr ent 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 t of the party sought to be bound; and specifically but ithout limitation r onies that may b one due and monies that are due � y not be assigned without such consent (except to the extent that the effect of this restriction may be limited by 1 r , 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 on responsibility under the Conti -act Documents. The Owner and the Contractor each bird 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. INDEMNITY: ITY: The Contractor- agrees to indeninif r, defend and hold harmless the City of Beaumont and its officers, agents, and employees from any and all claims, causes oi• action, and damages of every I ind, for injni to or death of any person and damages to pi•opeily arising out of or in connection with work done by the contractor under- this contract, and including acts or oinissi ns of the City of Beaumont 01• its f'f ice]• ' agents 01. exlipl y e I'll e01111 etion with said contract. The parties intend this indemnification to apply i-e ar•di ss of whether the claim, dainage, loss, oii expense is caused, or alleged to be caused, lin whole or• in part by the ne li eiice of the ubeontructoi• oi• any lndemnitee. Contractor waives all rights of i-e ovet- , and its insui-ers also waive all A ht of nbi•o ation of damages against the City and its agents, officers, dh,eetoi•s, and employees fern daniages covered by the worke'rs' compensation and employers' liabillity orIinano- clial tinibrella or excess lia,bill"ty or business amtomoblile coverage obtalined by, Conti -actor requiii-ed lin thi.sAgi.-eement, where pet,militted by law. This mya "I've 1.4 Must be: stated in the City's approved, Cet-tificate of Insui-ance. 4, The fact that ha ism-nce is obtaiined. by C'onfractoi- on behalf of Gity will not be deemed to 1--elease or ,I* diimlhits h the liability of'Conti-actor , lincludlitig, wiftliotit l�iiii'itat'i.o�ii.,.iiabilit y undei-Jhe iindemnity provislon,s of feria Agreement'. Damages i-ecovei-able by City froin Contractor or any t1tird party will not be limited by the aniount of the reqt1tired instwance covet9agef, INWITNESS WHEREOF,, the Owii.er and the Contractor have ca-used this,Agree�nient to be executed the day and year first written above. Nunn-IMMUNIIIIII STATE OF TEXAS, 00< Bd0l, ... . ... Y. City Maj,,iager Attest:,e, City Clerk Marsb Waterproofing, Inc* CONTRACTOR B T ILLUT! .. . .. ....... itle: Attest: L2 Title: