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Home My WebLink AboutRES 23-056RESOLUTION NO. 23-056 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the modifications of the Civic Center balcony guardrail; and, WHEREAS, Delk Construction of Nederland, Texas, submitted a bid in the amount of $425,400.00; and, WHEREAS, City Council is of the opinion that the bid . submitted by Delk Construction, 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 Delk Construction, of Nederland, Texas in the amount of $425,400.00 for the modifications of the Civic Center balcony guardrail be accepted. 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 14th day of February, 2023. o- - Mayor Robin Mouton - e M CITY OF BEAUMONT �- PURCHASING DIVISION EAU • ON 'f E X A'3. Terry Welch -Purchasing Manager 409-880-3107 terry.welchBabeaumonttexas.aov BID TABULATION: Contract for Civic Center Guardrail Modifications, Beaumont, Texas 77701 BID NO. TF1123-06 OPENING DATE: Thursday, January 19, 2023 Vendor Delk Construction Mike Barnett Construction City / State Nederland, Tx Port Neches, Tx Description Bid Price Bid Price Base Bid for Scope of Work $390,000.00 $475,375.00 as specified Alteranate No. 1-includes pricing for furnishing and installation of a continuous cap rail CRL Model # CRL 10713S, including all necessary general contracting, subcontracting, $35,400.00 $42,000.00 superintendents, labor, materials, equipment, supplies, insurance, permits, and all other accessoriesas needed. Completion Time, including material 140 Calendar Days 165 Calendar Days delivery time Qualified Low Bidder was Delk Construction of Nederland, Texas.. EXHIBIT "A" AGREEMENT TFUS AGREEMENT made this 13th day of March in the year , by and between The City o cauniont, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Delk Construction, Inc. hereinafter designated as the CONTRACTOR. The Owner and the Contractor, in consideration of the mutual co e a is hereinafter set forth, agree a follows: ARTICLE 1, THE, WORK The Conti -actor shall complete the work as specified or indicated under the Bid Schedule(s) of the Owner's Contract DoGuments entitled: Contract for Civic Center; Guard Rail Modifications Located at 701 Main Street, Beaumont Texas 77701 The work is generally described : Furnishing all labor, s erv% isio , material, equipment, and to perform all work eccssalw to complete, the installation of a new guard rail system for the tipper balcony seating areas in the Civic Center Arena. All work shall be performed described in the City of Beaumont Contract Bid Documents TF 1123-06, including addendum #1 and the drai ings prepared by Long Architecture itecture firm dated 03-29-2022. ARTICLE 2. TIME of CoMME, C MENT of COMTLETON 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 he folly completed in 140 calendar days. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will siffer 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 ti ne. 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 or 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 Pricc s named in the Contractor's Bid in the total amount of $425,1400,00. The breakdown of the total bid includes the Base Bid amount of $ 90,00 .00 plus the .Alternate 4 1 amount of $3 5,400.00. A T CI E. THE CONTRACT C M N 'S The Contract Documents consist of: Scope ofWork, Information Required ofBidder, Agreement, Performance .ce Bond, Payment Band, 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 1 , inclusive, and all Charge Orders and Work itective Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. Documents which will become part of hose 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 Perfolmance and Payment Bonds) and Notice to Proceed. The Schedule of Drawings shall consist of the following: Sheets G1. 0 0, A2. 0 O� A.. 0 0 , A . 0 1, A. . , and A. . 0 1. ARTICLLi ' . PAYME NT PROCEDURES Payment will br, made in accordance with Article 9 of the General Conditions of the Contract for Co sh- ctio . (AIA Document . 2 1 —2 . 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 .ail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7, MISCELLANEOI S Terms used in this Agreement which are defined in Article I of the General Conditions and Su lementai-y General Conditions will have the neanings indicated in said General Conditions and Supplementary General Conditions. No a sig ne t by a patty hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the paw 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 are assignment no assigm ent will release or discharge the assignor fxom any duty or res onsibility under the Contract Documents. The Owner and the Contractor each bind 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. ARTICLE 8, LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS AGENTS, OFFICE' .S, AND EMTLOYEES FROM ANY AND ALL CLAIMSCAUSES OR ACTION, AND DAMAGES OF EVERY KIND, FOR INT Y TO R DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION ION WITH WORK DONE Y THE CONTRACTOR UNDER TIHS CONTRACT, I Contractor waivies all, rights of recovery, and ifts insurers also waive all right of subrogation of dainages, against the 0'ty and its agents, officers, directors, and employees for damages covered by a Vvs. the workers' compensation and employers' liabi"Itty or commercial umbrella or excess liability or p -0 di business automobile coverage obtained by Clonti4actor requh ted in this Agrele,ent, where perinlitted by law. This wai'ver must bto in the City's approved Certificate of Insurats cef P, Tie' fact that insurance is obtained by the Contractor on behalf of City will not be deemed to release or d1mlinish'the liability of Citactoi-*,'I"ii,cltidin, g,, w1thout limitation, fiabillity underthe inn provisions of this Agreement. Damages recoverable by City from Contractor or any 6 third, party willnot be lei ited by the amount of the requilred insui, ancoverage., IN WITNESS W`Br1,REOF,, the Owner and the Contractor have caused this Agreement to, be executed the d �q ift ay and yeai first wr' en, iabove . Dale Const'ructilo, CON"rRACTOR B�y: City anager, e/ Attest� Attest: City Clerik Title: - I