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20-R-82 - Contract with San Antonio Constructors Ltd relating to Cherry Tree Drive Rehabilitation ProjectRESOLUTION NO. 20 -R -82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH SAN ANTONIO CONSTRUCTORS, LTD. RELATING TO THE CHERRY TREE DRIVE 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 San Antonio Constructors, Ltd. relating to the Cherry Tree Drive Rehabilitation Project and approve the project expenditures; and WHEREAS, City staff has received qualifications indicating that San Antonio Constructors, Ltd. is qualified to provide such services for the City; and WHEREAS, the project will be funded from Certificates of Obligation for Road Improvements and from the $2.7 million from Excess General Fund Reserved earmarked for SPAM, 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 San Antonio Constructors, Ltd. for an amount of $273,193.80 with an amount not to exceed $300,600.00. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 August, 2020. CITY OF SCHERTZ, TEXAS - Ao�-- - Ral 1 uti z, Mayor ATTEST: Brenda Dennis, City Secretary 50506221.1 - 2 - (D Q / L ` C CU .i Q V O E N U L-O O N (u N N cn F:. C O L L- _� +r Cc N 4-1 C s CO (B _ cn © O CU E U +I �,y J� ', ��.+ •'�� jar �' \ � � \ cn cu Tl- z � U QW vVJo N 41Wr U V J s o �,y J� ', ��.+ •'�� jar �' \ � � \ W � z rl� J �' 3 a €3 Tl- z � U QW vVJo N 41Wr U V J 8 8 8 Et 8 8 8 8 I d 8 8 s 8 8 8 8 s 2S 8 8 8 g 19 If AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Schertz SAN ANTONIO CONSTRUCTORS LTD 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: Cherry Tree Drive Rehabilitation 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 the City of Schertz 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 CONTRACTTIMES 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 45 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. 4.02 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 Substantial Completion of any portion of the Work within the Contract time, the Owner will Page A -1 of 7 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): Unit Price Work Item Estimated Unit Extended Description Unit No. Quantity Price Price 1 TPDES LS 1 10,450.00 10,450.00 2 MOBILIZATION LS TREE TRIMMING ( <6 ") EA 1 24,835.80 24,835.80 3 1 1,000.00 1,000.00 MANHOLE ADJUSTMENT 4 (SEWER) EA 5 1,500.00 1,500.00 5 VALVE BOX ADJUSTMENT EA 6 495.00 2,970.00 6 REMOVE ASPHALT PAVEMENT SY 4870 10.00 48,700.00 REMOVE SIDEWALK AND 7 DRIVEWAY SY 250 5.00 1,250.00 REMOVAL OF CURB AND 8 GUTTER LF 414 4.00 1,656.00 HOT MIX ASPHALT PAVEMENT, 9 TYPE D (2 ") (PG 64 -22) PRIME COAT TON 550 98.00 53,900.00 4,870.00 2,440.00 10 GAL GAL 974 488 5.00 5.00 11 TACK COAT CONCRETE DRIVEWAY 12 (RESIDENTIAL) SY 60 75.00 4,500.00 24" WHITE THERMOPLASTIC 13 STRIPE LF 92 15.00 1,380.00 14 CONCRETE CURB AND GUTTER LF 414 28.00 11,592.00 Page A -2 of 7 Item Description No. 15 CONCRETE SIDEWALK 16 BERMUDA SODDING 17 SIGN RELOCATE 18 CEMENT TREATMENT (8" RECLAIMED BASE) 19 8' RETAINING WALL Unit Price Work 7 Unit Estimated Quantity SY 540 SY 512 EA 2 SY LF 4870 Unit Price Extended Price 70.00 37,800.00 5.00 2,560.00 395.00 790.00 48,700.00 10.00 225 1 28.00 1 6,300.00 I _ I _ Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $273,193.80 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 kth 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. b5 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. Page A -3 of 7 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. 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. Page A-4 of 7 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 A -7, inclusive). 2. Performance bond (pagesPB-1' to IPB-3', inclusive). 3. Payment bond (pages P� YB -1 to IPYB -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. S. Supplementary Conditions (pages SC4 to 5C inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 25 sheets with each sheet bearing the following general title: Cherry Tree Drive. 8. Addenda (numbers `to inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages !B, F-1 to BF -5, 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. Page A -5 of 7 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 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 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 -6 of 7 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 Title: CITY MANAGER Address forgiving notices: CITY OF SCHERTZ 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 By: Title: (if Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Address for giving notices: SAN ANTONIO CONSTRUCTORS, LTD 6735 LOWBID LANE SAN ANTONIO, TEXAS 78250 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 -7 of 7