19-R-02 Landmark Structures I, L.P. - Corbett ElevatedL'a(WIN
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WHEREAS, the City of Schertz (the "City ") has a need to construct an elevated water
storage tank and associated water mains in southern Schertz; and
WHEREAS, the City solicited competitive sealed proposals from qualified vendors for
constructions services related to the Corbett Elevated Tank Project; and
WHEREAS, City staff has determined that Landmark Structures I, L.P. is qualified to
provide such services for the City; and
WHEREAS, City Council has authorized funding for the Corbett Elevated Tank Project
from the Capital Recovery Water Fund and the Water and Sewer Operating Fund.
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
a contract in substantially the same form as Attachment A with Landmark Structures I, L.P. for an
amount of $4,682,000.00 with a contingency amount of $468,200.00 for an overall not to exceed
amount of $5,150,200.00.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 22"d day of January, 2019
ATTEST:
r
Secretary
CITY OF SCMERTZ, TEXAS
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R. Carpenter, Mayor
CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This Agreement is made and entered into as of the day of , 2019 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"
Landmark Structures I, L.P.
1665 Harmon Road
Fort Worth, Texas 76177
817.439.8888 t
817.439.9001 f
for the following Project:
CORBETT ELEVATED TANK PROJECT, #2019 -001
The ENGINEER for the Project is:
Ford Engineering, INC.
10927 Wye Drive, Suite 104
San Antonio, Texas 78217
(210) 590 -4777
SFA - 1
CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
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:
Addenda issued by ENGINEER
General Conditions
Performance and Payment Bonds
Request For Proposal and Forms
Technical Specifications
Drawings
§ 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 526
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
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CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
substantially, or cause the Substantial Completion of any portion of the Work within the Contract
time, the 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.
� u> ,
§ 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 Four Million Six
Hundred Eighty Two Thousand dollars ($4,682,000.00) 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:
None.
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CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
§ 3.3 Unit prices, if any:
ri
Units and Price Per Unit
IIf�'iti`i�Fi# �fTi�l
4.0 PAYMENT
§ 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:
.1 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 Q percent (vQ %). 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
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CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
off the site at a location agreed upon in writing), less retainage of f e percent (fl
.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:
§ 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance
payments to suppliers for materials or equipment which have not been delivered and stored at the
site.
§ 4.2 FINAL PAYMENT
§ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made
by the OWNER to the CONTRACTOR when
.1 the CONTRACTOR has fully performed the Contract except for the
CONTRACTOR's responsibility to correct Work as provided in the General
Conditions, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by
the OWNER.
§ 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days
after the Work has been completed and accepted by the OWNER, in writing, following the
issuance of the ENGINEER's final Certificate for Payment:
This Agreement is entered into as of the day and year written above ( "The Date of Execution "):
SFA - 5
CITY OF SCHERTZ
CORBETT ELEVATED TANK PROJECT
STANDARD FORM OF AGREEMENT
By: _
Title:
By: _
Title:
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