20-R-17 - Contract with R.P. Constructors Inc - construction of the E. Live Oak Pump additionsRESOLUTION NO. 20 -R -17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING A CONTRACT WITH R.P. CONSTRUCTORS,
INC. RELATING TO THE CONSTRUCTION OF THE E. LIVE OAK
PUMP ADDITIONS PROJECT.
WHEREAS, the City of Schertz (the "City ") has a need to install redundant pumps and
associated piping at the existing E. Live Oak tank site; and
WHEREAS, the City solicited competitive proposals from qualified vendors for
construction services related to the E. Live Oak Pump Additions Project; and
WHEREAS, City staff has determined that R.P. Constructors, INC. is qualified to provide
such services for the City; and
WHEREAS, City Council has authorized funding for the E. Live Oak Pump Additions
Project from 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 R.P. Constructors, INC. for an
amount of $1,560,000.00 with a contingency amount of $78,000.00 for an overall not to exceed
amount of $1,638,000.00.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 25h day of February, 2020
ATTEST:
Brenda Dennis, City Secretary
CITY OF SCHERTZ, TEXAS
- 4*��
Ral 6 juti -z, Mayor
-2-
00000000'00 °000
o00
a
0 d 0 0 d d d d 0 d d
0 0 0 0 0 0 0 0 o g o
e
e
d 0
o 0
d
0
0
0 0 0 0 0 0 0 0 0 0 0
0
0 0
0
Y �
Hi 69 V3 Vi fA 69 fA 69 K fA b9 69
Q
rl
fA N�
yM..
0
V2
o'o`00000000 0 0
0 0
w
0 0 0 0 0 0 0 0 0 0 0 0
0 0
w
•y
o 0
0 C 0 0 0 0 0 C 0 o c o 0 0
0 0 0 0 0 0
0 0
0 0
�'�'
�oovi vi ri o 0 o' of o "vi
o "0
d
,�
fA69 69 69 M N' M f5 69 69 b9
b9 69 69'fA
69 N
b9
O 0,0
0 0
0 0 0
0 0 OI O S 0 0 0 0 0
0
O O
O
7
O 1� N N O p OD' v1
�D ISO 7 00 O � 1 fA N
�M
l n
�. 14
lc�
O
O O
O O O: 0 0 0-0 0 o0
C O
q
0 0 OI a 0 0 0 0 0 a
O O
h 0
0 1 0i O C O O Q O O
0 0
VJ
.--
N�
� M �' 7 0o O h 69 N h
M •--'
�y
�
f
.N-i
Vi 69
f9 69, 69. M� bN9 M� EA 69 69
69 M�
1
0 0 0 0 0 0
F
U
o 0 o a o a 0
0 0010
0
0 0
0--.-9-.000
0 0 0 0 0 0 0
0100
0 0 0
o g
co
o 0
0 o g o
0 0 0
o\ 7�0-� M 0
7� b
D Vi
C
N
a
0 0
oo
0 0
0 0
0 0 0 0 0 0 0
0';0 0 0 0o g o
0
e
0 0
o o
0
e
0,0
oo
0 0
0 0
00�.9 0 0 0 9 0 o
0 0 0 0 0 0 0
e
0
9 o
C o
e
e
a o
0 0
0:0 0 0 0 0 0 0.0
0 0
e
h
N
C
N
d
0
4H 61
fA 69
Hi 6M9. 6N9 5M9 69 69 b9
N
A
69 6N9
A
4N9
O
L
p
0 0
0 0
0 0 O O O O O O
W
co
p
0 0
000000050009
0 0
0 0 0 0 0 0 0 0
O O
00
a
0 0 0 0 0
0 0
y
0.
0
0
O o
O' O
0 h 0 0 0 0 0 0 0
o O' O O O
0 0
�
O
C 0
N
69 43
fA 69
69 M N M 69 f9 b9
fA N
.�
Va].V
VJ VJ
VJ
-VJ
VJ
Vi
..
V] fn
a
.aa.S.aII.a..a.4
j
a.5
E
a
o A;
d
v
V N
W
•p C F+
A
g
Z
o.
° q,.
0.41
F
° o'. p, ,p m
U
y
C
o.°ol
8 �?I
z
a°r
0
w
N h
.0.i
•L 15
O .2
�
y� [�,. N N� N
.`• O
6� ti N
ii
N O.
;fi
Qv"w
°w °vxa°wwuw�
30=
-
r
R � °•r O
O
A
O O d z
z
m 0 0
0 O
O O
O O
O O
O O
O O
•�. F 'p u
�
W � fV
e�i 7
v1 �
n 00
T O
.-. N
.+
a\ N
a 9:2 1
W
F
d
a
W F1 PO 0.
P7
d'
ORD ENGINEERING, INC
January 27, 2020
Project No. 1124.9215
Scott McClelland
City of Schertz
10 Commercial Place, Building 2
Schertz, TX 78154
Re: E. Live Oak Water Plant Pump Additions, #2020 -004
Recommendation of Award
Four (4) bids were received on the above referenced project at City of Schertz City Hall on
January 21, 2020.
The bid is to be awarded per a qualified bidder criteria established by the City of Schertz.
Review of the tabulation and scoring of bid packages received indicates that the apparent low
bidder is R.P. Constructors, INC. with a Base Bid of $1,272,000.00 and Alternate Bid of
$288,000.00.
The Engineer's Estimate for the Base Bid construction was $1,065,500.00. The average Base
Bid was $1,355,525.00.
Ford Engineering Inc. recommends that R.P. Constructors, INC. be awarded the contract
for the above referenced project in the amount of $1,272,000.00.
Should there be questions, or if further information is needed, please do not hesitate to call
me at 210 -590 -4777.
Sincerely,
Mark B. Hill, PE
FORD ENGINEERING, INC.
10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940
1- 800- 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400
0 0 0 0 0 0 0 0 0 0 -0 0
0 o 0 o 0 0 0 0 o O o o
0
e
0 0
o 0
0
e
0 0 0 0 0 0 0 0 0 0 O
e
0
o o
e
0
v
o
d
O o 0 0 0 0 0 0 0 o C 0
o 0 0 0 0 0 0 0 0 0 0 0
o
0 0
D o
e
F
0
r 0 h h M
F
4Y b9 Vi Vi Vi E/i 6N^. 69 EA 69 fA fAQ
69 �N
�
0
0 0
U �
oo'o o0 0 000 0�00
may+
0 0 0 0 0 0 0 0 0 0 0 0
0 0
E
L7
O O O G C C C C O C G O
C O
Oo 0 0
0 0 0 0 0 0 0 o a
0 0
o 0
OHO O O O h
O O
�O N O r r o0 N O a0 N h
h �D
z
0 0 0 0 0 0 0 0 00010
o c o 0 0 0 0 0 0
0 0 0
0
0
o O.e
D o
e
a
g000gaooSS000
So=
U
d
n =dGt n 0000T 0.,00..
00.e
M C O IAN N O �p
OD o h
M
V1 O'.
V1
0
�,. fI9 fA 69 £A M� GNA M� A
fA fA
f?
69 �
FR
s
s9
0
o
W
o o0 0 0 0 0 00
0 0 0
0 0
0 0 0 0'0 0 0 0 0
O o 0 0
0 o c
o 0
O O
O
e
0 O O 0 0
O
0 0
o
0 0
w
�noovioocoo�
-°°
�
c°
O
O h
h O
VJ
69 Vi 69 69 M N M 64
�� fA b9 fA
FA b9
Hf M
64
isi
]
-
OOO O G 0 0 0 0 OHO
C
p
.a
o60
O0 O O O O O O COo
e
oo
a
iJ
F
69
fA. -+ •N N Vi b9 fA
I � sv
to
fA •�
uv ss ss vs
.i
;�
a
F-&
O-o o o'o -o`o 0 0 0
o-o
F
U
o
0 ao 0 0 0 0 0 0 0,0
0 0
.�
O
0
C O O O C C C O C C O
0 0 0 0 0 0 0 0 Og
O O
o 0
0
0 0 0 0 0 O O O O
O v1
QI
Vi
D\ O M O
z
U3
fh 69 M N 69 69 69
69 fA EA iA V3 V3
69 M
69
O p
C C O O O O O O O O O O
O
C.
O
O C O C O
0000 O O C O O
0 0 0 0 0 0 0 0
C
0
C O
O O
C
O
O O O O O O O O O O O O
O
O O
O
7
d
O O O O O O O O N O Vi
M N 1 1 O m 64 N,
N
r
.66
N �
00
w
O
69
69 69 69 69 69 6N9 � 59 69
F
+
L
1
p
iTa
O O O O 0 0
0 0
0 0 0 0 0 0
V
IVy
0 0 0 0 0
0000000
O O
py
0 0 0 0 0 0 0 0 0 0 0 0
ocoovioocoNO
O O
d
F
�O M 0169 N h
coo
N �D
69 69 69 69 69 M N M 65 69 Vi
69 N
a
a.iaa.Sa�a.Sl.a�
-aa.a
a�
a
c �
i
3 °
F
e
U3 v
d
c
F
ti,
v k
IF
y
a N
V
Q
N
A
rn_w °w °vxa
°Owwc�wvU
w °C7
3 o a
--
��
Z
oo 0000000
°00
00
y�;:y
N
O
o
0
0 0
0
0
0
0 0
00
°o
°0
0
0 °o
0
o
e:
o
lc v
c
o0
0
0
0 0
0
0
0
0
0
0
0
0
0 0
0 0
0
0
0 0
0 0
00
0
0
u
0
c
0
o
0
0
0
0 c
0
0 0
0
0
3
b
0
o
0 0
0
0
0
0
0 o
0
0
o
0
O O
0 0
o
0
0 0
0 0
0
RR
0
ooc
clnnPo-
16
uIll i
000
tp
N l0
M
N
N
m
O\
N
M IA
N
N
N
tCl
N
VT
VF N1
Vf
N
iA
i/!
iA H
N
V! {h
V!
t/1
O
O
O
O
g
N
In
o
o
i
oo
e.
�
q
N
d
vi
v
r
M
m
o
0
0 0
0 0
0
0
0
0
0
0
0
0
o 0
0 0
o
0
o o
0 0
0
0
0
0
Y
N
O O
V1
O
O
o
0 o
1!1
O O
O
V1
I-
w
N O
P' m
N
lc
Ill
N
O
N
O
c
M m
n N
N
O
O O
O O
O
O
N
N
CO
Ol 00
o
m
O1
Ilf
O O
V
o N
.-I
M
N
Vf
V?N
Vf
NN
NthN
to
to V1
VpF..
V1N
N
O
3°
o
m
rn
y' �
o
ems°
of o
I°n
vi
N
Y
Q
d
In
O
In
m
N
O
o
O O
o o
O
O
O
O
O O
O
O O
O
O
0
0 0
O
0
O
0
O
IA
O
u
O O
0 0
o
0
O O
0 0
0
0
0
0
O
O-C�
O O
N
o
M
o
R
N
V1
N
O
O o
O vi
o
N'
o 0
O m
o
vi
o
O
O
N N
a
N
N
N M
N Ill
N
N
N
V! VF
1A
4A
V?
Vf
V VF
VT
VF L!
SA
Vf
0
O
to
0
O
V1
O
O
O
O o
p
0
0p
0
0
0
0
0 0
0 0
0
0
0 0
0p 0
0
0
0
0 0
p0p
p
0
0
0 0
0
p
0
O
O
O
O
'0
d
c
0 0
0
0
0
0
0
0
0 0
0
0
0 0
O
O
O
O
'O
0
0 0
0
V1
O
O
O O
N
O �/1'
N
W
o
oo
Z
l0
M l0
m
N
Vf
m
V1
N
O 01
M
N u1
1�
N
N
lD
N
a0
N
r
�
C
W'
2
N
V}
N
N
V/
N 4h
Vl
1A V}
V!
V1
G
O
O
0
0 0
0
0
0
0
0 0
0
0 0
O
o 0
0
0
0
o
0 0
0
0 0
c
o
d
d
o
0 o
0 0
o
0
o
0
o
0
o
0
0 0
0
0
0
0 0
0 0
0
0
,�
g
o 0
0
0
0
0
c
0 0
0
0 0
0
0
ad
a
•
O
l0
O O
M 1p
O
M
u1
N
O
Vf
O
Ilf
O O
O O1
N
O
N m I!1
N
ER
N N
M
N
M
69
V?
V! iA
Vf
V!
N
VF
V' VT
VF
N VF
V}
V}
C
e-I
. N
N
N
N
N
N N
N
N N
N
N
V1
Vf Vf
i
VI
i
1A
i Vf
LA
VI VI
V1
Vf
f
J
J
Z
a
c E
o m
a
C Y
_
O O
C
0
? y
a
r]
C
3
c
C
O
>
>>
N
m
c
c
Ea
m
O
Z
z
=
aO.
c
to O
3
c
PO
.°_
t�
v
O
J
a°
LL
=
N
N �
CC
=
C
U
C
O
_
m
• L
.0
a+ u
d
w
W
�
E
M
W
0
Ln
a
N
E O
.-.
N M
I!1
1p
l�
00 Q\
o'•
N
N
2
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between City of Schertz ( "Owner ") and
R.P. CONSTRUCTORS, INC ( "Contractor ").
Owner and Contractor hereby agree as follows:
ARTICLE 1 WORK
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: E. Live Oak Water Plant Pump Additions Project
ARTICLE 3 ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by Ford Engineering Inc.
3.02 The Owner has retained Ithe City of Schert z Engineering 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.
4.02 Contract Times: Days
A. The Work is expected to be substantially completed within 2_40' 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 30 calendar days after the date of substantial completion.
4.03 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
Substantial Completion of any portion of the Work within the Contract time, the Owner will
Page A -1 of 20
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:
1. 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):
Item
Estimated
Bid Unit
No
Description
Unit Quantity
Price
Bid Price
LS
1
$60,000.00
$60,000.00
1
MOBILIZATION
Z
SITE WORK
To include, sidewalk, grading, SWPPP
LS
1
$30,000.00
$30,000.00
requirements,
revegetation /restoration, etc.
3
FOUNDATION FOR PUMPS
To include concrete foundation,
LS
1
$60,000.00
$60,000.00
appurtenances, testing, complete in
place
4 FOUNDATION FOR STRUCTURE
To include concrete foundation,
LS
1
$30,000.00
$30,000.00
appurtenances, testing, complete in
place
Page A -2 of 10
5 CANOPY STRUCTURE
To include pre- engineered steel
canopy structure, all framing, metal
roof covering, bracing, sealants,
caulking, and accessories, assembly,
painting, complete in place.
6 HIGH SERVICE PUMP STATION
Total amount for furnishing all labor
materials, services, connections,
fittings, piping, flowmeter, valves,
motors, appurtenances, coatings,
etc., testing and startup, trenching,
backfill in conjunction with and
incidental to all work, complete in
place.
7
8
LOW SERVICE PUMP STATION
Total amount for furnishing all labor
materials, services, connections,
fittings, piping, flowmeter, valves,
motors, appurtenances, coatings,
etc., testing and startup, trenching,
backfill in conjunction with and
incidental to all work, complete in
place.
ELECTRICALSW ITCH BOARD,
CONTROLS, AND INSTRUMENTATION
Provide and install all work shown in
construction documents including:
New switchboard, mini -power zone,
concrete pads, electrical grade pull
box, lighting, conduit and feeders,
electrical service equipment, SCADA
system, instrumentation, junction
boxes, equipment support rack, and
all equipment for a fully functional
pump station system.
LS 1 1 $25,000.00 1 $25,000.00
LS
1 $350,000.00 $350,000.00
LS 1 1
$250,000.00
LS 1 1 1 $300,000.00
Page A -3 of 10
$250,000.00
$300,000.00
9 ELECTRICAL HIGH SERVICE PUMP and
LOW SERVICE BACKUP PUMP
I
Provide and install all work shown in
construction drawings including: New
high service soft start enclosure, low LS
service pump starter enclosure,
conduit and feeders, connections to
SCADA system, motor protection
_ relays, control wiring.
10 COMMUNICATION TO EXISTING
SCADA PANEL
Provide and install all work shown in
construction documents including:
New network switches as required, LS
CAT 5E cables from new SCADA panel
to existing SCADA panel, converters,
extenders, surge protectors, power
supplies, and all equipment for a fully
functional lift station communication
system. _
11 ELECTRICAL SERVICE ALLOWANCE
Allowance for electrical service by
local utility. Exact amount will be LS
reimbursed to contractor upon
submittal of invoice from electric
utility
1 $90,000.00
1
1
i
12 i SCADA ALLOWANCE LS 1
Total of All Unit Price Base Bid Items
Page A4 of 10
$2,000.00
j $90,000.00
$2,000.00
$20,000
$55,000
$1,272,000.00
ADDITIVE ALTERNATE BID SCHEDULE E LIVE OAK WATER PLANT PUMP ADDITIONS
Estimated Bid Unit
Description Unit Bid Price
Quantity I Price
13 FOUNDATION FOR GENERATOR
To include concrete foundation, LS
appurtenances, testing, complete in
place
14 GENERATOR
Provide and install 500 kW diesel
generator, sound attenuating
enclosure, generator pad, 900 -
gallon sub -base fuel tank, testing LS
and startup, fuel, and all required
appurtenances as shown on plans
and as described in specifications
for a complete operating system.
Total of All Unit Price Additive Alternate Bid Items
1
1
$28,000.00
$260,000.00
Total of All Unit Price Items and Additive Alternate Items Combined
$28,000.00
$260,000.00
$288,000.00
$1,560,000.00
i
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.
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 50th 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
Page A -5 of 10
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a. §5 percent of Work completed (with the balance being retainage); and
b. b5' 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 CONTRACTORS 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.
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
Page A -6 of 10
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 inclusive).
2. Performance bond (pages P13-1 to IPB -3, inclusive).
3. Payment bond (pages OYB -1'to FPYB-3. inclusive).
4. General Conditions consisting of i73 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'] to 5C j, inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings (not attached but incorporated by reference) consisting of X25 sheets with
each sheet bearing the following general title: Oumg Additions E. Live Oak Water Plant.
8. Addenda (numbers to inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages & -1 to FBF-7, 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.
Page A -7 of 10
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
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Contractors 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;
Page A -8 of 10
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 EJCDC® 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:
By: DR. MARK BROWNE
Title: CITY MANAGER
Attest:
Title:
Address for giving notices:
CITY OF SCHERTZ
1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154
CONTRACTOR:
R.P. CONSTRUCTORS, INC
By:
Title:
(If Contractor is a corporation, a partnership, or a joint
venture, attach evidence of authority to sign.)
Attest:
Title:
Address forgiving notices:
R.P. CONSTRUCTORS, INC
9455 IH 35 N
NEW BRAUNFELS, TEXAS 78130
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