17-R-23 - Contract with RL Jones LP relating to the Northcliffe Waterline Replacement Project Phase 3RESOLUTION NO. 17 -R -23
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH R.L. JONES,
LP, RELATING TO THE NORTHCLIFFE WATERLINE
REPLACEMENT PROJECT PHASE 3 AND AUTHORIZING THE
BUDGET EXPENDITURES FOR THE PROJECT AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the
City accept the bid proposal from R.L. Jones, LP, relating to the Northcliffe Waterline
Replacement Project Phase 3 and approve the project expenditures; and
WHEREAS, City staff has received qualifications indicating that R.L. Jones, LP, is
qualified to provide such services for the City; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with R.L. Jones, LP, to construct the Northcliffe Waterline Replacement Project Phase
3.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the contract with R.L. Jones LP for an amount of $730,730.00 with an amount not to
exceed $803,803.00.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 4th day of April, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
(Ija Dennis, City Secretary
(CITY SEAL)
50506221.1 - 2 -
This Agreement is made and entered into as of the day of , 2017 by and
between the:
"OWNER"
The City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
210.619.1000 t
210.619.1009 f
and
"CONTRACTOR"
R.L. Jones LP
18946 Redland Road
San Antonio, Texas 78259
210 - 496 -6223
for the following Project:
Northcliffe Waterline Replacement Phase 3 # 17- ENG- 4 -C -01
The ENGINEER for the Project is
Ford Engineering, Inc.
10927 Wye Drive
Suite 104
San Antonio, Texas 78217
210.590.4777 t
210.590.4940 f
SFA - 1
Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible
for performing or causing to be performed all Work including labor and materials, necessary to
build, construct, erect and equip in accordance with the Contract Documents and at its own proper
cost and expenses to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the conditions and prices stated in the Proposal attached hereto.
The Contract Documents for this Project include this Standard Form of Agreement and the following
documents, if applicable:
• Request For Proposal "Northcliffe Waterline Replacement 2 # 17- ENG- 4 -C -01"
and Contract Forms
• Addenda issued by ENGINEER
• General Conditions
• Performance and Payment Bonds
• Technical Specifications
• Drawings
2.0 CONTRACT TIME AND COMPLETION
§ 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the
OWNER
§ 2.2 Contract Time
§2.2.1 The Contract Time shall be measured from the date of commencement.
§2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to
by and between OWNER and CONTRACTOR that time is of the essence in the substantial
completion of the Work, and that failure to substantially complete the Work within the designated
period, or as it may be extended, shall be construed as a breach of this Agreement.
§ 2.3 Substantial Completion
The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 120
calendar days from the date of commencement, subject to and adjustments of this Contract Time as
provided in the Contract Documents and Changer Orders modifying and extending this Agreement.
§ 2.4 Liquidated Damages
The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and
beneficial occupancy and use of the completed work following expiration of the Contract Time. The
CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially,
or cause the Substantial Completion of any portion of the Work within the Contract time, the
SFA -2
OWNER will sustain actual damages as a result of such failure. The exact amount of such damages
will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the
CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the
Substantial Completion date, subject to proper extension granted by the OWNER, then the
CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600).
for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the
damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each
and every calendar day that the CONTRACTOR shall have failed to have completed the Work as
required herein. The Liquidated Damages shall be in lieu of any and all other damages which may
be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract
Time.
§ 2.5 FINAL COMPLETION
§ 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to
achieve final completion of the Work within 30 days of the designated or extended substantial
completion date. The date of Substantial Completion shall be fixed by this Agreement, unless
modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided
in the General Conditions to this Agreement.
§ 2.5.2 Final Completion means actual completion of the Work, including any extras or Change
Orders reasonably required or contemplated under the Contract Documents other than warranty
work that may be required pursuant to the Contract Documents.
3.0 CONTRACT SUM
§ 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the
CONTRACTOR's performance of the Contract. The Contract Sum shall be Seven Hundred, Thirty
Thousand, Seven Hundred, Thirty Dollars and No Cents ($730,730.00) subject to additions and
deductions as provided in the Contract Documents.
§ 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the OWNER:
Alternate 1
§ 3.3 Unit prices, for the purposes of negotiating change orders, if any, are those as provided in the
CONTRACTORS proposal dated February 16, 2017.
SFA - 3
§ 4.1 APPLICATIONS FOR PAYMENT
Each Application for Payment shall be based on the most recent schedule of values submitted by the
CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate
the entire Contract Amount among the various portions of the Work. The schedule of values shall be
prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and
OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be
used as a basis for reviewing the CONTRACTOR's Applications for Payment.
§ 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment. Unless otherwise noted,
application for payment shall be done on a monthly basis.
§ 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
.l Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the Contract Sum allocated to that portion of the Work in the schedule of
values, less retainage of Five percent (5.00 %). Pending final determination of cost to
the OWNER of changes in the Work, amounts not in dispute shall be included;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the OWNER, suitably stored
off the site at a location agreed upon in writing), less retainage of Five percent
(5.00 %);
.3 Subtract the aggregate of previous payments made by the OWNER; and
.4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a
Certificate for Payment.
§ 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further
modified under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the
ENGINEER shall determine for incomplete Work, retainage applicable to such work
and unsettled claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault
of the CONTRACTOR, any additional amounts payable.
§ 4.1.4 Reduction or limitation of retainage, if any, shall be as follows:
SFA - 4
4.1.55 Except ivvith the OWNER's prier approval. the CONTRACTOR C° T OR shall not mae advance
payments to suppliers for materials or equipment which have not been delivered and stored at the
site.
§ 4.2 FINAL PAYMLNT
4.2.1 Filial payment,. constituting the entire unpaid balance of the Contract SLIM, shall be made by
the OWNER to the CONTRACTOR when
.1 the CONTRACTOR has full= perfotrned the Contract except for the
t o\C -,' RACTOR.'s responsibility to correct Work as provided in the General
Conditions. and to satisfy ether requirements- if and, �v ieli extend beyond filial
payment: and
.2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the
OWNER.
> .2.2 The WNER`s final payment to the CONTRACTOR shall be made no later than 0 days
after the Work has been completed and accepted by the OWNER, in writint7', f()llowing the issuance
of the E GlNI ;ER's. final Certificate for Payment:
This Aareement is entered into as of the dav, and v e ar written above (-The bate: of Execution "):
By: _
Title;
R.L. Jon s LP
CONTRACTOR
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