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RES 23-063
RESOLUTION NO. 23-063 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Preferred Facilities Group — USA, of Beaumont, Texas utilizing the Buy Board procurement process for the amount of $772,356.65 to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department; and, THAT funds were budgeted in the FY23 Budget in the amount $650,000.00 therefore leaving a shortfall of $122,356.65, which is available in the Capital Reserve. 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 21st day of February, 2023. IWE W, M124w01a - Mayor Robin Mouton - irk PREFERRED tA FACILITIES GROUP - USA Malting Address: January 30, 2023 PO Box 2065E Beaumont, TX 77720- Keith Folsom 0658 . City of Beaumont 1848 Pine St. ® 409) 842-8181 (os)842-2274 Beaumont,TX77701 a to pig@p.com pig-usaxonia.com project: "New Chilled Water and Boller Piping for the Public Library and police Department Buildings, Beaumont, Tetras 77701" Job Order. Contracting Subject: "Proposal" Co -Op Purchasing Dear Folsom, Agreements We are pleased to submit our proposal utilizing our 581-19 Buy Board Texas Contract based on local CCI and coefficient of .89. 'Indefinite Delivery, IndefiniteOuanlity-1010 Proposal Recap: MultlpleAward O Replace chilled water and boiler per plans and specs provided by the city Construction Contracts - of Beaumont Dated 1-3-23, MACC Proposal Cost $ 761,244.65 Bond (if applicable) $ 11,112.00 Task OrderContracts TOC Total Price $ 772,356.65 We estimate approximately ninety (911) working days to complete upon material Construction delivery. We explicitly exclude all liquidated damages for this project due to the Management -Agent or At -Risk volltivlty of the market and supply chain challenges. Our estimate Is based on our Interpretation of the project as presented to us. Our Design Build scope Is limited to the line Items broken down Into individual tasks of work and developed based upon the Unit Price Book rate as modified by the city cost . adjustment and our Coefficient. All pricing for the required line -Item estimate Is Government derived from the current calendar year RSMeans Facilities Construction Cost Data Book with Updates. Commercial Once the quantities of work and price are approved, the Individual. Job Order becomes a fixed -price lump sum contract. Education This pricing Is based on recommended work hours of Monday thru Friday 7.00 am Industrial to 5:00 pm. Please contact us at 409-842-8293 at your convenience to discuss this estimate. Infrastructure Respectfully submitted, Preferred Facilities Group - USA Communications Corporate/Retail Michael Waldley Division Manager Assembly cc: PFG/file 22=ou© Southeast Texas Deep East Texas Central Texas Texas Gull Coast EXHIBIT "A" Construction Managers of Southeast Texas, LLC 5520 GORMAN ROAD—BEAUMONT, TEXAS 77705 — PHONE (409) 736 — 9010 — FAX (409) 7369020 Feburary 01, 2023 1750 Pine Street Beaumont, TX 77703 Keith: TIPS Reference #: 200201 Please find below the cost associated with installing the new chill and hot water lines across college -street between the police station and the library. Proposal Inclusions are the Following: • Piping installation based on open cut method shown on the latest drawings provided by the city of Beaumont. • Piping connections inside the buildings to be made per the drawings that were provided by LaBiche Architectural. • Hydro excavation was figured hydro excavating so as to avoid damaging existing underground lines. • Barricades as shown on the drawings provided by.the city have been included. • Shoring at the open trench has been included. • Removal and replacement of concrete at sidewalks, streets, and stairs has been Included as shown In the drawings provided by the city of Beaumont, • Removal and reinstallation of pavers has been included as shown in the drawings provided by the city of Beaumont. o Payment and Performance Bonds • Builder's Risk Insurance Proposal Exclusions are the following: o Work shown on the drawings to be performed by Owner. • Taxes o Permit Costs — Permit costs.to be waived by the city. • Any items not listed in our inclusions. • Any material. testing, if required, to be performed by third party testing agency under a separate contract %vith the owner. Cost for scone identified above: CMOST Alternate deduct to use steel welded pipe in lieu of the specified plastic pipe. Sincerely, Construction Managers of Southeast Texas, LLC Jose Cardenas. Project Manager $1,555,541.00 ($176,845.00) CC: Bruce Reyes— CMOST TI-HS,AGRII4.F,MENT ma(le this Ind (lay of Max'ch I"In the, year 12023, by and between The City of Beaumont, a legal entity organized aild existing 'In the, State of I'Oxas., hereinafter designated as the Owner,and ki,-efelx*ed Facilities Gi-ouL)-',US:A hereinafter designated as the CONTRACTOR,, The Owner and the Contractor, in consideration of the n1utual covenants, herel"nafter set forth, agree as follows: V.! KNOMM-mm 1�110 The Contractor, shall complete the Work as specified or indicated under� the Bid Schedule(s) of the Owner's Condo Dolouments entitled: ro Cm,ttvaet foi* the New, Chilled Water and Boitet, Piping fov the Public Libi4aivy and Police Depai,tme-ut Buildhigs, Located at Beauniont, Texas 77701 IMMUNE. 0, F41 '1 willnl. allwm-k uecessatyto tuoullshing all labox,,, supervision., mateli"al, equip,nient, ai d to perf complete the installation of new undetogiootind ebilled Nvater, and boileil Nvatej, lines which will be -y and Police Depailtineitt bittild' d will, be connected, located between the City's PubIle Librtail Ings all I by it1 1 41 1 outull Ili piping undel- College Safest as 81110)VII in the, clonstiouction, documents as ptoovided by 9 the Cit-y of Bemnuout and The LaBiche Avelvitectural Gvoup and the designMed consulfilig "I ' 11 1 Bid ell g Ineel-ing ri ilov. All )voilk shall be petiforimed as desm ibed in, the', City of Beamnmxt Clo t 4act of Docuutents TFO,52�2-28, including adde'nduins Ill, the drawhigs as piepared, by the LaBliche I to* Arclutectuisal flimi, diated �08-11-2022, and di-mving A-11,,A-2, A,-3, A-4;0'alvd the bart leading pla n, as, 104 ('04 -epamd by the City of -Beattinouti. AlITICLE I TIME OF COMMENCEME NT OF COMPLE TION The Work to be perfornwd undw,- this Contract shall be, conimenceld on the date specified bthe Owner ill. the Notice to Proceed fAnd the Work shall be fu ily completed in 90 wim-licingr days. The Owner and the Contractor recognize that fine e is of the essience, ofthis Agreement and that the Owner w 'I I suffer, financia, I loss 'if the W rk ' s not cot line Specified *In this Ad-Icle 2 herein, 1 0 1 npleted wit'll,in the, t�" pItIS 811Y 0Xt,0DSi0IIS tlICIT0f allowed in accordance with Art 31 of the Instructions to Bidders., They also *1 11'. A 0 4 1 gig eirecognize the delays,I expetise, and di'fficulltles Involved in provingin. a legal proceedthe actut I lossst] 'I's -eqi o"feredby the Owner ifthe Work not cotnpleted on thne. Aecordiagiy, insteac of j�di ing any such proof, the Owner and the, Contractor agree that as liquidated, damages for delay (bitit not as a pemf4y) the Contractor shall pay the OwIler the sum ofoi�- each calendar dq that V'X'j,,)I*resaftet the time specified b in this Article, 2,hereili' ARTICLE 3. CON'TRACTPRICE, The Owner shall pay the Contraotor for the coinpletion of the Work fi,i, acolor(lance with the Con,tract Qs ourrent ffitie t () named in, the Contractorl's Bid Ili, the total a tnount of Doumentin ds thContratt Pr cc sI 21356,65s, The breakdown, of tlie total bid lincludes the Base Bid ailrioutit of $7611,,244.65 plus the performance, and pay,ment bonds iti, the, amount of'$, H, 1, 1 �2.00. a rM The Contract Docimments consist of: Scope of Work,, Information Requi"red of Bidder,, Agrcejncnt� Performaiice Bond Paym.ent Bond, Scliedulle of Prevailing Local Wage Rates, Gencral Summary of Ole Work) "'I'Velinical Specificat,lons,,� w"iiigs listed in, tht Schedule of Drawings In the Supplementary General Conditiotis; of the Contract, General Notes, Addenda Number I Ire ctus, ive, andirill Change Orders an-d Work Directlive Gang, eswhin h may be issued subsequent to, the Effective, Date, of the Agreetuent and are not, attached hereto. Docuinetits whicb, will become part of these, Contract Dootinients subsequent to Certi"ficates, of 111suratice, Pvicence. or W I orkers Conipematiol) Award oonsist of: Notice of Award) coverage, Surety's Powers of Attorney (to accompany the executed Performance and Payment Bonds) and Notice to, Proceed. The Schedule ofDrawings, shall cotisist of the following., LaB I oiche Ardil"tectural Slicets, M0.0, M1.0, M2.Q, M3.0, A102, S2, S6, S7, and the C'ty f Beauniont drawing sheets A-1, A-12, A-3, �4; W , and the barricading draming., P�r"% ARTICLE 5. PAYMENT PROCE DURFIOS Paymeiit will be ma in accordatice with the G, oneral Conditions of t1i,:e Contract Doicument'TFO,522-28. ARTICLE 6% NOTICES w1lenever any Provision ofthe Cmitraot Documents requires the givibig of wi�itten, Notice, It shall 'be deemed, to have been validly given if delivered iti person totlie individual or to a iii,ember oftyre firm or to officer of the coy" porati0ii, for whom it 'is intended, r ]if delivered at, OIL sent by registered or certified inall, postage, prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS Terms used in th,is Agreenient whic.1i are, deflined hi Article I of the General Conditions and, it Supplementary General Conditimis wit'l have. the inea,111"ligs inifficated it) said Genera I Cond itions and Supplementaty Goileral Condit 'loll's 'No assigrinleiit, by a party hereto of a,iiy rlights under or interests in the Contract Docutilents will be bbiding on another party hereto without the writ en consent ofttie party sought to be bound; and specifically but withiout limitation t,no,ntes that maybecome due, atid moral that are dL1,10, May' not, be, I I I timi may be limited by assigned without such consent (except to the extent drat the effect of this, resti1c " 10 law), midunless specifically stated to, the contraty in any wi,itte.n con,,sent to an assig,tim.entilo, assigninjent will Lelease or dscharge, the as, 'gnor fi-ors any duly or responsibi,fity under the Contraot Diocunicilts, I'lic Owner and the, Contradoil, each bind itself its partn,crs, err VS assigtis� and legal represwitatives pecof a to the otlier party hereto, its partneror s successis, assigns, and legal, res eprentatives In i-est ll covenituts, agreements. aild obligations contained in the, Contract Documents. .. Ml1��Fm I Ij I Mimi I I 'lit of subivogaflon of I ig I Contractor Nvaives all rights of recovery, and its I'lls'll, "ell's also waive all i, 41 11 j damages against,the City mild its agents, officers, dihiecton, aitd employees for damages covereld by, the wol'I'mos, compensation and, employers' liabillity oi- commercial unibrella or excess liability or business autoinobi'le coverage obtanined by (,'.ontructo�r, requitped, 'lit thi's Agiveincitt, wheve permitted by la,w. This ivai'ver, must be stated 'lit t1te, City's approved Certificate of ln,,suxauce. 4 The fact that 111811raftee I's obtained by the Cojitt*sactor on behalf of City will, not''be deemed to release ot, di'minish the liability of Contractor, including, without limitation, liability under the is provisiolls ofthis Agil-comenti. Damages recovet,ablie, by City fisom Contrjactor o�r any 4 41 v 11 thliod party will, not be limited by the mount of the requnvu insmance covei,age. IN WITNESS )WHEREOF, the Owner and the Conitractoi,,- have caused this Agreement to be executed the day and year first written above, 64MA By: City Manager .00 0 d. Attes City clork Gvoup USA CONTRACTOR By-Q, Title: Pries.den t Attest: 1AILISriv