HomeMy WebLinkAboutPR 18996: EDC AGREEMENT WITH GULF COAST MANUFACTURING, LLC interoffice
MEMORANDUM
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To: Mayor, City Council, City Manager, and PA DC ,: •e ' ger
From: Valecia R. Tizeno, City Attorney Ca
Date: May 21, 2015
Subject: P.R. 1899'
I am requesting that Proposed Resolution 18990 be updated to
include language that outlines the selection process of the
vendor. Based upon our policy, if the item is greater than $1, 000
and less than $50, 000, it is necessary to obtain three quotes or
utilize a competitive bid process prior to the selection of a
vendor. Please update this item to reflect this information. If
you have any questions, please contact this office.
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Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: May 20, 2015
Subject: P. R. No. 18996; Council Meeting of May 26, 2015
ATTACHED IS PROPOSED RESOLUTION 18997
AUTHORIZING THE CITY OF PORT ARTHUR SECTION
4A ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO AN AGREEMENT WITH GULF COAST
MANUFACTURING, LLC FOR THE DESIGN,
MANUFACTURE AND INSTALLATION OF TWO
CHANDELIERS FOR THE 501 PROCTER RENOVATION
PROJECT AT A PRICE NOT TO EXCEED $35,760.00
P.R. No. 18996
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO AN AGREEMENT WITH
GULF COAST MANUFACTURING, LLC FOR THE DESIGN,
MANUFACTURE AND INSTALLATION OF TWO
CHANDELIERS FOR THE 501 PROCTER RENOVATION
PROJECT AT A PRICE NOT TO EXCEED $35,760.00
WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to enhance the
appearance of the downtown area and to create an environment that promotes business and
entertainment activities for the community; and
WHEREAS, per Resolution No. 12-641, the Port Arthur City Council authorized the
City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") to pursue
the building development plan to retrofit the building located at 501 Procter Street (the
"Building"); and
WHEREAS, per Resolution No. 14-428, the City Council approved PAEDC's use of
PAEDC funds in an amount not to exceed $234,791.50 for the remaining cost of the
improvements which included atrium ceiling fixtures; and
WHEREAS, at the PAEDC Board meeting on May 4, 2015, the PAEDC Board of
Directors approved entering into an agreement attached hereto as Exhibit "A" and incorporated
herein with Gulf Coast Manufacturing, LLC for the design, manufacture and installation of two
chandeliers for the 501 Procter renovation project at a cost not to exceed $35,760.00 to be funded
from the $234,791.50 funds set aside for improvements and previously authorized by City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That PAEDC is hereby authorized to enter into an agreement with Gulf Coast
Manufacturing, LLC for design, manufacture and installation of two chandeliers for the 501
Procter renovation project at a cost not to exceed $35,760.00.
Section 3. That a copy of this Resolution shall be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2015,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
#1178221 Page 2
APPROVED:
Floyd Batiste, AED CEO
APPROVED AS TO FORM:
Guy N. Goodson, PA 1 Aey
APPROVED AS TO FORM:
Se e_ Meuvty)
Valecia R. Tizeno, City Attorney
#1178221 Page 3
EXHIBIT "A "
AGREEMENT FOR THE DESIGN,MANUFACTURE,SUPPLY AND INSTALLATION
TWO(2)CHANDELIERS
This Agreement is made the [ ] day of [ ] between
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
("PAEDC")and GULF COAST MANUFACTURING,INC. (the"Contractor").
WHEREBY IT IS AGREED BETWEEN THE CONTRACTOR AND PAEDC as follows:
I.
QUANTITY AND PRICE
1.1 The Contractor shall, subject to the terms and conditions of this Agreement, design,
manufacture, supply and install two (2) chandeliers and all the components and accessories as specified in
Exhibit "A" attached hereto (collectively "the Equipment") for the aggregate price of $35,760.00
($28,760.00 for two(2)chandeliers and$7,000.00 for installation)("the Price").
1.2 The Contractor shall be responsible for the furnishing of all designs, labor and tools for the
supply,delivery, installation and testing of the Equipment.
II.
ENTIRETY OF AGREEMENT
2.1 This Agreement including Exhibit "A" constitutes the entire Agreement between the parties
hereto and supersedes all previous correspondence and Agreements (oral or written) exchanged or made
between the parties. For the avoidance of doubt,the contents of Exhibit"A"shall be binding on the parties
and the parties shall abide by their obligations thereunder.
III.
ASSIGNMENT
3.1 This Agreement shall not be assigned either as to the whole or any part thereof.
IV.
COMPLETION OF DESIGN,MANUFACTURE,
SUPPLY AND INSTALLATION OF THE EQUIPMENT
4.1 The Contractor shall fully complete the design, manufacture, supply and installation of the
Equipment by August 1,2015.
4.2 Chandeliers. The Contractor shall design and manufacture two(2)chandeliers:
4.2.1 The chandeliers will meet all necessary certifications as required.
4.2.2 All structure and framework will be constructed out of aluminium.
4.2.3 The decorative portion of the chandeliers will be lightweight architectural
materials cut and formed to be as close to original design as possible from supplied
photographs.
4.2.4 The diameter of the top tier of the chandeliers will be 5' as directed by the
architect.
4.2.5 Contractor shall use low voltage LED lighting to accommodate the existing power
supply of single 20 amp 12 gauge wire.
4.2.6 Top tier of chandeliers will have 18 light fixtures, second tier will have 12 light
fixtures and the third tier will have 6 light fixtures.
4.2.7 The chandelier shall be painted to match original as close as possible.
V.
DELIVERY AND PAYMENT
5.1 The Contractor shall carry out and complete the design, manufacture, delivery, supply and
installation of the Equipment and test the Equipment in accordance with the directions of and to the
satisfaction of PAEDC. The Contractor shall also at the request of PAEDC supply PAEDC with a certified
true copy of the manufacturer's test sheet.
5.2 Contractor will have an open shop policy during the entire building process.
5.3 Payment for the Equipment shall be made as follows:
5.3.1 One-third(1/3)on signing of Agreement before construction begins
5.3.2 One-third (1/3) on seventy-five (75%) percent completion of project as agreed by
all parties
5.3.3 Final one-third(1/3)on delivery and passing final inspection by PAEDC
5.3.4 Installation fee will be payable at completion of project and final inspection
VI.
WARRANTY
6.1 The Contractor HEREBY WARRANTS that the Equipment shall be free from
manufacturing defects for a period of not less than five(5)years from the date of installation.
VII.
INSTALLATION AND TESTING OF THE EQUIPMENT
7.1 The Contractor shall make arrangements to test the Equipment after installation and ensure
that the Equipment is working smoothly.
7.2 If the Equipment fails to meet the necessary requirements specified by PAEDC it shall be
rectified, replaced or rebuilt at the expense of the Contractor until such time that all tests and performance
requirements are met.
7.3 Installation:
7.3.1 Contractor will provide all necessary personnel and the Equipment to safely install
light fixtures.
7.3.2 Contractor will move and replace furniture in the way of the lifting process while
also protecting the floors at all times and plywood.
7.3.3 Contractor will drill through the third floor directly above the chandeliers for
mounting hardware to be installed.
7.3.4 Contractor will ground down floor directly above chandeliers to accommodate
mounting hardware and preserve useable 3rd floor space.
7.3.5 Contractor will fabricate and install mounting hardware that will be approved by
client before installation.
VIII.
EQUIPMENT DAMAGED OR LOST IN TRANSIT
8.1 The Contractor shall repair or replace without any cost to PAEDC the Equipment damaged or
lost in transit.
IX.
INSURANCE AND INDEMNITY
9.1 The Contractor shall insure the Equipment from the time the Equipment leaves the factory
until the Equipment is installed in the Building.
9.2 The Contractor shall also insure against any damage, loss, death or injury which may occur
to any person or property whatsoever in carrying out or omitting to carry out its duties under this
Agreement and shall INDEMNIFY and keep PAEDC INDEMNIFIED in respect of all claims, costs
and other expenses arising out of such damage, loss, death or injury.
X.
TERMINATION
10.1 PAEDC may at any time, terminate this Agreement without cause by serving on the
Contractor not less than one month's notice of such termination.
XI.
GOVERNING LAW
11.1 This Agreement shall be construed and governed by the law of the State of Texas.
XII.
HEADINGS
12.1 The headings to the clauses of this Agreement are for ease of reference only, and shall not be
taken into account in the interpretation or construction of this Agreement or any of its provisions.
XIII.
NOTICES
13.1 All notices permitted or required to be given hereunder shall be in writing and either delivered
in person or sent by certified registered mail, postage prepaid, or facsimile, to the address of the relevant
party as set out in page 1 or the facsimile number of the relevant party as set out below, or such other
address or facsimile number as notified by the relevant party to the other from time to time.
PAEDC : City of Port Arthur Section 4A Economic Development Corporation
Attn:Floyd Batiste
501 Procter
Port Arthur,Texas 77640
The Contractor: Gulf Coast Manufacturing, Inc.
Attn:Tim Byers
1520 Woodworth Blvd
Port Arthur,Texas 77640
IN WITNESS WHEREOF the parties hereto have hereunto set their hands on the day and
the year first above written.
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of , 2015.
By: By:
President Secretary
Witness Witness
GULF COAST MANUFACTURING, INC.
SIGNED AND AGREED TO on the day of , 2015.
By:
Witness
GULF C0HST
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