20-R-18 - Contract with Alamo City Contractors Inc relating to the 2018 SPAM Rehabilitation projectRESOLUTION NO. 20 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH ALAMO CITY
CONSTRUCTORS, INC. RELATING TO THE 2018 SPAM
REHABILITATION PROJECT AND AUTHORIZING THE BUDGET
EXPENDITURES FOR THE PROJECT
WHEREAS, The City staff of the City of Schertz (the "City") has recommended that the
City accept the bid from Alamo City Constructors, Inc. relating to the 2018 SPAM Rehabilitation
Project and approve the project expenditures; and
WHEREAS, City staff has received qualifications indicating that Alamo City
Constructors, Inc. is qualified to provide such services for the City; and
WHEREAS, the project will be funded from Certificates of Obligation for Road
Improvements.
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 Alamo City Constructors, Inc. for an amount of $2,881,784.00 with an
amount not to exceed $3,150,000.00.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 11th day of February, 2020.
ATTEST:
50506221.1
CITY OF SCHERTZ, TEXAS
- 44L��
Ral 1 _� ut' z, Mayor
-2-
BID TABULATION
BID /RFP#
2020 -005
444
BID /RFP NAME: SPAM Rehabilitation Project
bUnFL
JULIE GOHLKE
VENDOR ONE (1)
VENDOR TWO (2)
Company Name
DIAMOND X CONTRACTING
ALAMO CITY CONSTRUCrORS, INC
Point of Contact
DAVID COLEMAN
GREGORY ALEXANDER
Phone Number
RDUENEZ0DXCONTRACTING.COf,
MELANIE #ALAMOCITYCONSTRUCTORS.COM
Email Address
HUB Status
Item#
QTY
U0M
Item Price
Extended Price
Item Price
Extended Price
Schedule A -- Mobilization
1
LS
$70,000.00
$70,000.00
$40,076.00
$40,076.00
Schedule A
Meter Box Adjustment
19
EACH
$550.00
$10,450.00
$50.00
$950.00
Schedule A
Manhole Adjustment (Sewer)
33
EACH
$800.00
$26,400.00
$1,797.00
$59,301.00
Schedule
Schedule A
Valve Box Adjustment
59
EACH
$640.00
$37,760.00
$571.00
$33,689.00
Remove Sidewalk and Driveway 1994
Sy
$12.70
$25,323.80
$28.00
$55,832.00
Schedule A
Removal of Curb and Gutter 4772
LF
$8.00
$38,176.00
$4.00
$19,088.00
Schedule A
(Removal of Miscellaneous Concrete 90
Sy
$15.00
$1,350.00
$31.00
$2,790.00
ScheduleA
$389,664.00
Hot Mix Asphalt Pavement Type D (2 ") 3936
TN
$87.00
$342,432.00
$99.00
ScheduleA
SY
$150.00
$13,500.00
$102.00
$9,180.00
Concrete Pavement (6 ") SY 90
Schedule A
Concrete Driveway (Residential)
1239
SY
$156.00
$193,284.00
$83.00
$102,837.00
Schedule A
Concrete Driveway (Commercial)
27
SY
$170.00
$4,590.00
$95.00
$2,565.00
Schedule A
Concrete Curb and Gutter
4777
LF
$38.00
$181,526.00
$29.00
$138,533.00
Schedule A
Concrete Sidewalk
909
SY
$109.00
$99,081.00
$76.00
$69,084.00
Schedule A
Schedule A
Bermuda Sodding
1001
SY
$8.00
$8,008.00
$11.00
$11,011.00
Sign Relocate
12
EACH
$710.00
$8,520,00
$152.00
$1,824.00
Schedule A
Mailbox Relocate
25
EACH
$750.00
$18,750.00
$184.00
$4,600.00
Schedule A
Concrete Valley Gutter
48
SY
$160.00
$7,680.00
$63.00
$3,024.00
Schedul,A
Cement Treatment (8" Reclaimed Base)
35710
SY
$14.00
$499,940.00
$14.00
$499,940.00
ScheduleA
Remove and Replace 9" Retaining Wall
45
LF
$225.00
$10,125.00
$432.00
$19,440.00
ScheduleA
Total Schedule A
LS
$1,596,895.80
$67,000.00
$1,463,428.00
Mobilization 1
$67,000.00
$35,540.00
$35,540.00
Schedule B
Manhole Adjustment (Sewer)
12
EACH
$1,100.00
$13,200.00
$1,797.00
$21,564.00
Schedule B
Valve Box Adjustment
32
EACH
$700.00
$22,400.00
$571.00
$18,272.00
Schedule B
Manhole Adjustment (Storm)
5
EACH
$1,100.00
$5,500.00
$1,797.00
$8,985.00
schedule B
Remove Sidewalk and Driveway
227
Sy
$102.00
$23,154.00
$35.00
$7,945.00
Schedule 9
Schedule B
Salvaging, Hauling, and Stockpiling Excess
Reclaimable Asphalt & Base Blend (4 ")
33851
Sy
$6.00
$203,106.00
$5.00
$169,255.00
Removal of Curb and Gutter
327
LF
$10.00
$3,270.00
$26.00
$8,502.00
Schedule 6
Hot Mix Asphalt Pavement Type D (4 ") 7454 TN
$91.00
$678,314.00
$102.00
$760,308.00
Schedule
(PG 76 -22)
Prime Coat
6786
GAL
$5.90
$40,037.40
$8.00
$54,288.00
Schedule B
Portland Cement Concrete Driveway
37
SY
$150.00
$5,550.00
$123.00
$4,551.00
Schetlule,
(Residential)
RPM Type I -C
127
EACH
$8.00
$1,016.00
$6.00
$762.00
Schedule B
RPM Type II A -A
96
EACH
$8.00
$768.00
$6.00
$576.00
Schedule B
4" Yellow Thermoplastic Stripe
8092
LF
$2.60
$21,039.20
$1.00
$8,092.00
Schedule B
4" Solid White Thermoplastic Stripe
2409
LF
$2.50
$6,022.50
$1.00
$2,409.00
Schedule B
4" Dashed White Thermoplastic Stripe
10006
LF
$2.50
$25,015.00
$1.00
$10,006.00
Schedule B
24" White Thermoplastic Stripe
2018
LF
$2.50
$5,045.00
$8.00
$16,144.00
Schedule B
24" Yellow Thermoplastic Stripe
349
LF
$11.00
$3,839.00
$9.00
$3,141.00
Schedule B
13
Schedule B
White Thermoplastic Word "ONLY"
EACH
$240.00
$3,120.00
$381.00
$4,953.00
White Thermoplastic Arrow
13
EACH
$240.00
$3,120.00
$317.00
$4,121.00
Sch.dul,I
(Lek /Right /Straight)
4" Dashed Yellow Thermoplastic Stripe
3267
LF
$2.70
$8,820.90
$1.00
$3,267.00
Schedule B
8" White Thermoplastic Stripe
.1396
LF
$3.80
$5,304.80
$3.00
$4,188.00
Schedule B
White Thermoplastic Railroad Crossing
1
EACH
$590.00
$590.00
$1,143.00
$1,143.00
Schedule B
Symbol
Concrete Curb and Gutter
327
LF
$40.00
$13,080.00
$32.00
$10,464.00
Schedule e
Concrete Sidewalk
227
SY
$100.00
$22,700.00
$83.00
$18,841.00
Schedule B
Bermuda Sodding
132
5Y
$8.00
$1,056.00
$11.00
$1,452.00
Schedule B
Sign Relocate
2
EACH
$400.00
$800.00
$152.00
$304.00
Schedule B
Remove and Replace 9" Retaining Wall
48
LF
$210.00
$10,080.00
$457.00
$21,936.00
Schedule B
Railroad Insurance Permit
1
LS
$15,000.00
$15,000.00
$30,675.00
$30,675.00
Schedule 8
Railroad Flagman
5
DAY
$6,000.00
$30,000.00
$610.00
$3,050.00
Schedule e
TOTAL SCHEDULE B
$1,237,947.80
$1,234,734.00
Schedule C - Mobilization
1
LS
$30,000.00
$30,000.00
$8,321.00
$8,321.00
Schedule C
Meter Box Adjustment
1
EACH
$810.00
$810.00
$508.00
$508.00
Schedule C
Manhole Adjustment (Sewer)
1
EACH
$1,100.00
$1,100.00
$1,797.00
$1,797.00
Schedule C
Valve Box Adjustment
2
EACH
$980.00
$2,960.00
$571.00
$1,142.00
Schedule C
Schedule C
Manhole Adjustment (Storm)
1
EACH
$1,100.00
$1,100.00
$1,797.00
$1,797.00
Remove Sidewalk and Driveway
197
SY
$15.00
$2,955.00
$26.00
$5,122.00
Schedule C
Salvaging, Hauling, and Stockpiling Excess
1560
SY
$7.00
$10,920.00
$8.00
$12,480.00
schedule c
Reclaimable Asphalt & Base Blend (11 ")
646
Schedule C
Removal of Curb and Gutter
LF
$8.00
$5,168.00
$8.00
$5,168.00
Roadway Excavation (4.5 ")
195
CY
$50.00
$9,750.00
$49.00
$9,555.00
Schedule C
Flex Base (12")
1560
SY
$20.00
$31,200.00
$16.00
$24,960.00
Schedule C
Hot Mix Asphalt Pavement Type D (3.5 ")
262
TN
$134.00
$35,108.00
$103.00
$26,986.00
schedule c
(PG 64 -22)
Prime Coat
312
GAL
$6.00
$1,872.00
$5.00
$1,560.00
Schedule c
Concrete Driveway (Residential)
68
SY
$160.00
$10,880.00
$97.00
$6,596.00
Schedule C
4" Double Yellow Thermoplastic Stripe
480
LF
$2.50
$1,200.00
$4.00
$1,920.00
Schedule C
4" White Thermoplastic Stripe
430
LF
$2.50
$1,075.00
$4.00
$1,720.00
Schedule C
4" White Dashed Thermoplastic Stripe
50
LF
$2.60
$130.00
$4.00
$200.00
Schedule C
Schedule C
24" White Thermoplastic Stripe
145
LF EA
$11.00
$1,595.00
$9.00
$1,305.00
Sched,k c
White Thermoplastic Bike Symbol
3
EACH
$240.00
$720.00
$571.00
$1,713.00
Straight White Thermoplastic Arrow
3
EACH
$240.00
$720.00
$190.00
$570.00
schedalec
(Bike)
Concrete Curb and Gutter
646
LF
$38.00
$24,548.00
$27.00
$17,442.00
Schedule
Concrete Sidewalk
340
SY
$113.00
$38,420.00
$76.00
$25,840.00
Schedule C
Schedule C
Bermuda Sodding
320
SY
$8.00
$2,560.00
$11.00
$3,520.00
Cement Treatment (12" Base /Subgrade
1560
SY
$17.00
$26,520.00
$15.00
$23,400.00
schedule c
Blend)
TOTAL SCHEDULE C
$240,311.00
$183,622.00
ITOTALS i
VENDOR 1 TOTAL
$3,075,154.60
VENDOR 2 TOTAL
$2,881,784.00
SPAM Projects Current Status
Tri County Parkway reconstruction — Started January 23. Completion March.
Schertz Parkway reconstruction (Maske to Woodland Oaks) — Start in March. Complete in June
Northcliffe, Randolph reconstruction, and Schertz Parkway overlay (Live Oak to Beck) —
contract award February 11. Hoping for construction to start during the Spring 2020.
Chip seal (Randolph Avenue, a segment of Curtiss Avenue, Live Oak Road, Greenfield Village
subdivision, The Estates at Wilson's Preserve subdivision, Deer Haven subdivision, and Lone
Oak subdivision) — contract award February 11. Hoping for construction to start during the
Summer 2020.
2020 SPAM chip seal/slurry seal — Resolution to award consultant contract anticipated to go to
City Council on February 25, 2020 for approval. Hoping for construction to start during the
Summer of 2020.
2020 SPAM reconstruction/rehabilitation — Resolution to award consultant contract anticipated
to go to City Council on February 25, 2020 for approval. Hoping for construction to start during
the Summer of 2020.
2020 SPAM design — Under review.
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between
ALAMO CITY CONSTRUCTORS, INC
of Schertz
Owner and Contractor hereby agree as follows:
ARTICLE 1— WORK
( "Owner") and
( "Contractor ").
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
ARTICLE 2 —THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: 2018 Street Preservation and Maintenance Project
ARTICLE 3 — ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by Lockwood, Andrews_. &
Newnam. Inc.
3.02 The Owner has retained the City of Schertz Engiering Department ( "Engineer ") to act as
Owner's representative, assume all duties and responsibilities, and have the rights and authority
assigned to Engineer in the Contract Documents in connection with the completion of the Work
in accordance with the Contract Documents.
ARTICLE 4 —CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
Contract Times: Days
B. The Work is expected to be substantially completed within 90 calendar days after the date
when the Contract Times commence to run as provided in Paragraph 4.01 of the General
Conditions, and completed and ready for final payment in accordance with Paragraph 15.06
of the General Conditions within §6 calendar days after the date of substantial completion.
4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial and other losses if the Work is not completed
and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. 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
Page A -1 of 10
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 ($600.00) per day 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.
ARTICLE 5 — CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item):
Page A -2 of 10
BID SCHEDULE A — NORTHCLIFFE RECLAMATION
Item Estimated Bid Unit
No. Description Unit Quantity Price Bid Price
1502 Mobilization LS 1 $40,076.00 $40,076.00
2086.1 Meter Box Adjustment EA 19 $50.00 $50.00
2086.2
Manhole Adjustment (Sewer)
EA
33
$1,797.00
$59,301.00
2086.3
Valve Box Adjustment
EA
59
$571.00
$33,689.00
2221.1
Remove Sidewalk and Driveway
SY
1994
$28.00
$55,832.00
2221.8
Removal of Curb and Gutter
LF
4772
$4.00
$19,088.00
2221.9
Removal of Miscellaneous Concrete
SY
90
$31.00
$2,790.00
2741.1
Hot Mix Asphalt Pavement Type D (2 ")
(PG 64 -22)
TN
3936
$99.00
$389,664.00
2751.2
Concrete Pavement (6 ")
SY
90
$102.00
$9,180.00
2754.1
Concrete Driveway (Residential)
SY
1239
$83.00
$102,837.00
2754.2
Concrete Driveway (Commercial)
SY
27
$95.00
$2,565.00
$138,533.00
2771
Concrete Curb and Gutter
LF
4777
$29.00
2775.1
Concrete Sidewalk
SY
SY
EA
909
1001
12
$76.00
$11.00
$152.00
$69,084.00
$11,011.00
$1,824.00
2922
Bermuda Sodding
SUP -1
Sign Relocate
Mailbox Relocate
SUP -2
EA
25
$184.00
$4,600.00
SUP -3
Concrete Valley Gutter
Cement Treatment (8" Reclaimed Base)
SY
48
$63.00
$3,024.00
SUP -6.2
SY
35710
$14.00
$499,940.00
SUP -7
Remove and Replace 9" Retaining Wall
LF
45
$432.00
$19,440.00
Total of All Unit Price Bid Items — Schedule A
$1,463,428.00
Page A -3 of 10
BID SCHEDULE B - SCHERTZ PARKWAY MILL & OVERLAY
Item Description Unit Estimated I Bid Unit Bid Price
No. Quantity Price
1502
Mobilization
LS
1
$35,540.0
! $35,540.00
2086.2
Manhole Adjustment (Sewer)
EA
12
32
$1,797.00
$571.00
$21,564.00
$18,272.00
2086.3
Valve Box Adjustment
EA
2086.4
Manhole Adjustment (Storm)
EA
5
$1,797.00
$8,985.00
2221.1
Remove Sidewalk and Driveway
SY
227
$35.00
$7,945.00
2221.3
Salvaging, Hauling, and Stockpiling Excess
Reclaimable Asphalt & Base Blend (4 ")
SY
33851
$5.00
$169,255.00
$8,502.00
2221.8
Removal of Curb and Gutter
LF
327
$26.00
2741.3
Hot Mix Asphalt Pavement Type D (4 ")
(PG 76 -22)
TN
7454
$102.00
$8.00
$760,308.00
2742
Prime Coat
GAL
6786
$54,288.00
2754.1
Portland Cement Concrete Driveway
(Residential)
SY
37
$123.00
$4,551.00
2764.1
RPM Type I -C
EA
127
$6.00
$762.00
2764.2
RPM Type II A -A
EA
96
$6.00
$576.00
2767.1
4" Yellow Thermoplastic Stripe
LF
8092
$1.00
$8,092.00
2767.2
4" Solid White Thermoplastic Stripe
LF
2409
$1.00
$2,409.00
2767.3
4" Dashed White Thermoplastic Stripe
LF
10006
$1.00
$10,006.00
2767.4
24" White Thermoplastic Stripe
LF
2018
$8.00
$16,144.00
2767.5
24" Yellow Thermoplastic Stripe
White Thermoplastic Word "ONLY"
LF
349
$9.00
$3,141.00
2767.6
EA
13
$381.00
$4,953.00
2767.7
White Thermoplastic Arrow
( Left /Right /Stra ight)
EA
13
$317.00
$4,121.00
2767.10
4" Dashed Yellow Thermoplastic Stripe
LF
3267
$1.00
$3.00
$3,267.00
$4,188.00
2767.11
8" White Thermoplastic Stripe
LF
1396
2767.12
White Thermoplastic Railroad Crossing
Symbol
EA
1
$1,143.00
$1,143.00
2771
Concrete Curb and Gutter
LF
327
$32.00
$10,464.00
2775
Concrete Sidewalk
SY
227
$83.00
$18,841.00
2922
Bermuda Sodding
SY
132
$11.00
$1,452.00
SUP -1
Sign Relocate
EA
2
$152.00
$304.00
SUP -7
Remove and Replace 9" Retaining Wall
LF
48
$457.00
$21,936.00
Railroad Insurance Permit
LS
1
$30,675.0
$30,675.00
Railroad Flagman
DAY
5
$610.00
$3,050.00
Total of All Unit Price Bid Items -Schedule B
$1,234,734.00
Page A-4 of 10
BID SCHEDULE C - RANDOLPH ASPHALT PAVEMENT RECONSTRUCTION
Item
No.
Description
Unit
Estimated
Quantity
Bid Unit
Price
Bid Price
1502
Mobilization
LS
1
$8,321.00
$8,321.00
2086.1
Meter Box Adjustment
EA
1
$508.00
$508.00
2086.2
Manhole Adjustment (Sewer)
EA
1
$1,797.00
$1,797.00
2086.3
Valve Box Adjustment
EA
2
$571.00
$1,142.00
2086.4
Manhole Adjustment (Storm)
EA
1
$1,797.00
$26.00
$1,797.00
$5,122.00
2221.1
Remove Sidewalk and Driveway
SY
197
2221.5
Salvaging, Hauling, and Stockpiling Excess
Reclaimable Asphalt & Base Blend (11 ")
SY
1560
$8.00
$12,480.00
'
2221.8
Removal of Curb and Gutter
LF
646
$8.00
$5,168.00
2315
Roadway Excavation (4.5 ")
CY
195
$49.00
$9,555.00
2713
Flex Base (12 ")
SY
1560
$16.00
$24,960.00
2741.2
Hot Mix Asphalt Pavement Type D (3.5 ")
(PG 64 -22)
TN
262
$103.00
$26,986.00
2742
Prime Coat
GAL
312
$5.00
$1,560.00
2754.1
Concrete Driveway (Residential)
SY
68
$97.00
$6,596.00
2767.1
4" Double Yellow Thermoplastic Stripe
LF
480
$4.00
$1,920.00
2767.2
4" White Thermoplastic Stripe
LF
430
$4.00
$1,720.00
2767.3
4" White Dashed Thermoplastic Stripe
LF
50
$4.00
$200.00
2767.4
24" White Thermoplastic Stripe
LF
145
$9.00
$1,305.00
2767.8
White Thermoplastic Bike Symbol
EA
3
$571.00
$1,713.00
2767.9
Straight White Thermoplastic Arrow
(Bike)
EA
3
$190.00
$570.00
2771
Concrete Curb and Gutter
LF
646
$27.00
$17,442.00
2775.1
Concrete Sidewalk
SY
340
$76.00
$25,840.00
2922
Bermuda Sodding
SY
320
$11.00
$3,520.00
SUP-
6.1
Cement Treatment (12" Base /Subgrade
Blend)
SY
1560
$15.00
$23,400.00
Total of All Unit Price Bid Items - Schedule C
$183,622.00
Total of All Unit Price Bid Items - Schedules A, B, and C $2,881,784.00
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract
are based on estimated quantities. As provided in Paragraph 13.03 of the General
Conditions, estimated quantities are not guaranteed, and determinations of actual
quantities and classifications are to be made by Engineer.
Page A -5 of 10
ARTICLE 6 — PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by Engineer as provided in
the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the 56tk day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of
Values established as provided in the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no Schedule of
Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a. � percent of Work completed (with the balance being retainage); and
b. 95: percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to the full amount of the contract, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less such amounts as
the Engineer shall determine for incomplete Work, retainage applicable to such work and
unsettled claims.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7 — INTEREST
7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by law, not to
exceed 1% per month.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
Page A -6 of 10
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, especially with respect to Technical Data in such reports and
drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if
any, at or adjacent to the Site that have been identified in the Supplementary Conditions,
especially with respect to Technical Data in such reports and drawings.
E. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site - related
reports and drawings identified in the Contract Documents, with respect to the effect of
such information, observations, and documents on (1) the cost, progress, and performance
of the Work; (2) the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor; and (3) Contractor's safety precautions and
programs.
F. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
J. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
ARTICLE 9 —CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages A -1 to �J, inclusive).
2. Performance bond (pages � to k -3. inclusive).
3. Payment bond (pages P(-f to ,�PYB-3!, inclusive).
4. General Conditions consisting of 73 pages of a modified version of EJCDC C -700, having
a title page with the general title: STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT.
5. Supplementary Conditions (pages SC -T to k4, inclusive).
Page A -7 of 10
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings (not attached but incorporated by reference) consisting of 97 sheets with
each sheet bearing the following general title: 6chertz Street Preservation Programl.
8. Addenda (numbers .L to ?.,inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages & -1 to `IBF -14, inclusive).
10. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 10 — MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be.bound; and, specifically but without
limitation, money that may become due and money that is due may not be assigned
without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon Owner and Contractor, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
Page A -8 of 10
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process or in the
Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non - competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
10.06 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
based on EJCDCI C -700, Standard General Conditions for the Construction Contract,
published by the Engineers Joint Contract Documents Committee ®, and if Owner is the
party that has furnished said General Conditions, then Owner has plainly shown all
modifications to the standard wording of such published document to the Contractor,
through a process such as highlighting or "track changes" (redline /strikeout), or in the
Supplementary Conditions.
Page A -9 of 10
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the Contract).
OWNER: CONTRACTOR:
By: Dr. Mark Browne By:
Title: City Manager Title:
(if Contractor is a corporation, a partnership, or a joint
venture, attach evidence of authority to sign.)
Attest:
Title:
Address for giving notices:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attest:
Title:
Address forgiving notices:
Alamo City Constructors, Inc
1716 S San Marcos #215
San Antonio, Texas 78207
License No.:
(where applicable)
(If Owner is a corporation, attach evidence of authority
to sign. If Owner is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of this Agreement.)
Page A -10 of 10