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19-R-26 C-3 Environmental Specialties..11111 11302 MIM R a— DRAINAGE MAINTENANCE PROJECTS. WHEREAS, the City of Schertz (the "City ") has a need to improve existing drainage infrastructure; and WHEREAS, the City solicited competitive proposals from qualified vendors for constructions services related to the 2018 Drainage Maintenance Projects; and WHEREAS, City staff has determined that C -3 Environmental Specialties is qualified to provide such services for the City; and WHEREAS, City Council has authorized funding for the 2018 Drainage Maintenance Projects from the Drainage Fund with Ordinance 19 -T -06. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IM1MUIM 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 C -3 Environmental Specialties for an amount of $399,820.45 with a contingency amount of $39,982.55 for an overall not to exceed amount of $439,803.00. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. ATTEST: T Secretary CITY OF SCHERTZ, TEXAS �7Z,777' Mayor Projem; Ailison Heyward -2- CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS r 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 we "CONTRACTOR" C -3 Environmental Specialties 132 Nell Deane Blvd Schertz, Texas 78154 (210) 653 -7801 for the following Project: The ENGINEER for the Project is: Lockwood, Andrews, and Newnam, Inc. (LAN) 10101 Reunion Place Suite 200 San Antonio, Texas 78216 (210) 499 -5082 SPA- 1 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT I. 11, ; _. �� ,� 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 Contract Forms Technical Specifications Drawings MIXK11911 0 UVIN N I ILIF41 § 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 90 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 SFA - 2 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS 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. § 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 Three hundred ninety - nine thousand eight hundred twenty dollars and forty -five cents ($399,820.45) 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 SEA - 3 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT 3.3 Unit prices, if any: AREA 2- HIDDEN GROVE Item Estimated Bid Unit No. Description Unit Quantity Price Bid Price 01502 MOBILIZATION LS 1 $17,500.00 $17,500.00 01502.1 INSURANCE & BOND LS 1 $7,500.00 $7,500.00 STORMWATER POLLUTION 01570 CONTROL LS 1 $4,500.00 $4,500.00 01740 VEGETATIVE WATERING MO 3 $1,900.00 $5,700.00 02633.5 JCTBOX(COMPL)(PJB)(5FTX5FT) EA 2 $7,000.00 $14,000.00 02221.11 REMOVING CONC ( RIPRAP) SY 275 $27.00 $7,425.00 02221.12 REMOVING 42" CMP LF 135 $30.00 $4,050.00 02233 CLEARING AND GRUBBING AC 0.6 $1,750.00 $1,050.00 02260 TRENCH SAFETY SYSTEM LF 497 $7.00 $3,479.00 02314 CHANNEL EXCAVATION CY 69 $37.00 $2,553.00 02316 FLOWABLE FILL CY 3.4 $280.00 $952.00 02505 HDPE (48 ") LF 994 $164.00 $163,016.00 02632 HEADWALL (CH -PW -O) (HW =7 FT) EA 1 $20,000.00 $20,000.00 INLET (COMPL)(PAZD)(FG)(5FT X EA 4 02633.2 5FT - 4FT X 4FT) $8,100.00 $32,400.00 02921 DRILL SEED SY 2980 $.14 $417.20 SOIL RETENTION BLANKETS (CL SY 1029 02926.02 2)(TY E) $6.50 $6,688.50 03300 RIPRAP (CONC) (5 IN) SY 106 $80.00 $8,480.00 03300.01 CLACONC CY 2 $600.00 $1,200.00 SUB -TOTAL OF ALL UNIT PRICE BID ITEMS (AREA 2) $ 300,910.70 AREA 7-G REENRIDGE Item Estimated Bid Unit Description Unit Bid Price No. Quantity Price 01502 MOBILIZATION LS 1 $5,500.00 $5,500.00 01502.1 INSURANCE &BOND LS 1 $3,400.00 $3,400.00 01570 STORMWATER POLLUTION LS 1 $2,100.00 $2,100.00 CONTROL 02221.1 REMOVE & DISPOSE ASPHALT SY 57 $36.00 $2,052.00 PAVING 02221.2 REMOVE & DISPOSE CURB & LF 47 $29.00 GUTTER $1,363.00 02221.4 REMOVE & DISPOSE CONC. SY 22 SIDEWALK i $64.00 $1,408.00 SFA - 4 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT 02221.7 REMOVE & DISPOSE STORM DRAIN LF 11 $350.00 $3,850.00 02221.7 REMOVE & DISPOSE INLET EA 1 $3,700.00 $3,700.00 02221.9 REMOVE & RECONSTRUCT SEGMENTAL WALL LF 3 $475.00 $1,425.00 02221.1 REMOVE & REPLACE WROUGHT IRON FENCE LF 50 $31.00 $1,550.00 02226 TRENCH SAFETY SYSTEM LF 11 $60.00 $660.00 02511.1 ADJUST EX. WATERLINE LS 1 $15,000.0 $15,000.00 02631.1 24" RCP (CL III) LF 11 $336.00 $3,696.00 02633 TY W -5 INLET EA 1 $48,000.00 $48,000.00 02741.1 REPLACE EX. PVM'T (VARIOUS DEPTHS) SY 57 $50.00 $2,850.00 02771.1 CONC. CURB & GUTTER LF 47 $18.25 $857.75 02775 4" CONC. SIDEWALK SY 22 $61.00 $1,342.00 02922 BLOCK SOD SY 39 $4.00 SUB -TOTAL OF ALL UNIT PRICE BID ITEMS (AREA 7) $156.00 $ $98,909.75 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 I"t percent (5_Qf %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; SEA - 5 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT .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: § 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: SFA - 6 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT This Agreement is entered into as of the day and year written above ( "The Date of Execution "): By: _ Title: By: _ Title: SFA - 7 Bid Summary Table 2018 Drainage Maintenance Projects Vendor C-3 Environmental Specialties Hidden Grove $ 300,910.70 Greenridge $ 98,909-75 Total $ 399,820.75