Preview
EXHIBIT B-1
CITY OF EDINBURG AGREEMENT
Document 00500
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
This Agreement is by and between CITY OF EDINBURG (“Owner”) and (Texas Cordia
Construction, LLC) (“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the
Supplementary Conditions.
Owner and Contractor hereby agree as follows:
WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows: Roadway and Drainage reconstruction and
expansion.
1.02 Contractor is responsible for requesting a permit from the City of Edinburg — Permits
Department in a timely manner as soon as a Notice to Proceed is issued.
THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally
described as follows: 2021-47, Alberta Road Reconstruction Phase 1.
ENGINEER
3.01 The Owner has retained South Texas Infrastructure Group (“Engineer”) to act as
Owner’s representative, assume all duties and responsibilities of Engineer, and have the
rights and authority assigned to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by Victor Trevino,
PE.
CONTRACT TIMES
4.01 Time is 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. Please note that dates below will be governed by Notice to
Proceed,
4.02 Contract Times: Dates
A. The Work will be substantially complete on or before August 14, 2022, and
completed and ready for final payment in accordance with Paragraph 15.06 of the
General Conditions on or before September 28, 2022.
THE CITY OF 00500-
Edin burg
CITY OF EDINBURG AGREEMENT
4.03 Milestones
A. Parts of the Work must be substantially completed on or before the following
Milestone(s):
1, Milestone 1 Substantial Completion/ August 14, 2022
2. Milestone 2 Final Completion / September 28, 2022
4.04 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 Contract Times, as
duly modified. The parties also recognize the delays, expense, and difficulties
involved in proving, in a legal proceeding, the actual loss suffered by Owner if the
Work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty):
1. Substantial Completion: Contractor shall pay Owner based on fees below for
each day that expires after the time (as duly adjusted pursuant to the Contract)
specified above for Substantial Completion, until the Work is substantially
complete.
For Contract of Amount Cost Per Day
$5,000.00 To $25,000.00 $100.00
$25,000.01 To $100,000.00 $200.00
$100,000.01 To $500,000.00 $250.00
$500,000.01 To $1,000,000.00 $300.00
$1,000,000.01 To $2,000,000.00 $400.00
$2,000,000.01 To $3,000,000.00 $500.00
$3,000,000.01 To $4,000,000.00 $600.00
$4,000,000.01 To $5,000,000.00 $700.00
$5,000,000.01 | And Over $800.00
Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract
Times (as duly adjusted pursuant to the Contract) for completion and readiness
for final payment, Contractor shall pay Owner $600 for each day that expires
after such time until the Work is completed and ready for final payment.
Edinburg
00500- 2
CITY OF EDINBURG AGREEMENT
Unit Price Work (Base Bid)
Item
Description
Estimated Unit Extended
Unit
No. Quantity Price Price
05026001 BARRICADES, SIGNS AND MO 12 $2,500.00 $30,000.00
TRAFFIC HANDLING
5086001 CONSTRUCTING SY 4311 $17.00 $73,287.00
DETOURS
06626050 WK ZN PAV MRK REMOV EA 414 $4.00 $1,656.00
(REFL) TY II-A-A
06626063 WK ZN PAV MRK REMOV LF 14927 $0.50 $7,463.50
(w)4"(sLD)
06626071 WK ZN PAV MRK REMOV LF 369 $1.00 $369.00
(W)8"(SLD)
06626075 WK ZN PAV MRK REMOV LF 130 $3.00 $390.00
(w)24"(sLD)
06626095 WK ZN PAV MRK REMOV LF 19574 $0.50 $9,787.00
(Y4"(SLD)
06776001 ELIM EXT PAV MRK & LF 7985 $0.50 $3,992.50
MRKS (4")
06776003 ELIM EXT PAV MRK & LF 100 $1.00 $100.00
MRKS (8")
06776007 ELIM EXT PAV MRK & LF 38 $3.00 $114.00
MRKS (24")
06776008 ELIM EXT PAV MRK & EA $50.00 $150.00
MRKS (ARROW)
06776009 ELIM EXT PAV MRK & $75.00 $225.00
MRKS (DBL ARROW)
01106001 EXCAVATION 17282 $3.50 $60,487.00
(ROADWAY)
01326003 EMBANKMENT cy 79 $8.00 $632.00
(FINAL)(ORD COMP)(TY
8)
01526001 ROAD GRADER WORK STA 48 $167.00 $8,016.00
(ORD COMP)
02476225 FL BS (RDWY DEL)(TY E cy 7197 $24.00 $172,728.00
GR 4)(FNAL POS)
02606043 LIME (HYD, COM OR TON 163 $258.00 $42,054.00
QK)(SLURRY)
02606079 LIME TRT SY 32886 $0.50 $16,443.00
(SUBGRADE)(6")
03466058 TACK COAT GAL 2955 $5.00 $14,775.00
04206141 CL C CONC (CURB) cy 63 $342.00 $21,546.00
04326001 RIPRAP (CONC)(4 IN) cy $905.00 $905.00
05296008 CONC CURB & GUTTER LF 10989 $13.00 $142,857.00
(TY)
05306004 DRIVEWAYS (CONC) SY 700 $64.00 $44,800.00
Edinburg
00500- 3
CITY OF EDINBURG AGREEMENT
05306005 DRIVEWAYS (ACP) sy 434 $28.00 $12,152.00
05316001 CONC SIDEWALKS (4") sy 7863 $40.00 $314,520.00
05316018 CURB RAMPS (TY 1) sy 154 $184,00 $28,336.00
30766049 D-GR HMA TY-D SAC-A TON 5054 $108.00 $545,832.00
PG76-22
01046009 REMOVING CONC sy $0.00 $0.00
(RIPRAP)
01046015 REMOVING CONC sy 936 $3.00 $2,808.00
(SIDEWALKS)
01046017 REMOVING CONC SY 1334 $2.00 $2,668.00
(DRIVEWAYS)
01046021 REMOVING CONC LF 232 $4.00 $928.00
(CURB)
01046022 REMOVING CONC (CURB LF 5671 $1.00 $5,671.00
AND GUTTER)
01056043 REMOVING STAB BASE & sy 19635 $3.00 $58,905.00
ASPH PAV (0-6")
04966002 REMOV STR (INLET) EA $0.00 $0.00
04966004 REMOV STR (SET) EA $260.00 $2,080.00
04966007 REMOV STR (PIPE) LF $0.00 $0.00
06446076 REMOVE SM RD SN EA 15 $76.00 $1,140.00
SUP&AM
06366001 ALUMINUM SIGNS (TYA) SF 18 $281.00 $5,058.00
06446027 IN SM RD SN SUP&AM EA 14 $350.00 $4,900.00
TYS80(1)SA(P)
06446030 IN SM RD SN SUP&AM. EA $421.00 $842.00
TYS80(1)SA(T)
06666036 REFL PAV MRK TY LF 1559 $1.00 $1,559.00
(W)8"(SLD)(100MIL)
06666039 REFL PAV MRK TY LF 100 $2.00 $200.00
(W)12"(LNDP)(200MIL)
06666042 REFL PAV MRK TY LF 1285 $2.00 $2,570.00
(W)12"(SLD)(100MIL)
06666300 RE PM W/RET REQ TYI LF 1940 $0.40 $776.00
(W)4"(BRK)(1OOMIL)
06666303 RE PM W/RET REQ TY I LF 7408 $0.40 $2,963.20
(W)4"(SLD)(100MIL)
06666315 RE PM W/RET REQ TY! LF 9308 $0.40 $3,723.20
(Y)4"(SLD)(1OOMIL)
06686076 PREFAB PAV MRK TY C LF 310 $14.00 $4,340.00
(W) (24") (SLD)
06686077 PREFAB PAV MRK TY C EA 18 $195.00 $3,510.00
(W) (ARROW)
06686085 PREFAB PAV MRK TY C EA 10 $250.00 $2,500.00
(W) (WORD)
06726007 REFL PAV MRKR TY I-C EA 81 $4.00 $324.00
06726009 REFL PAV MRKR TY I-A- EA 122 4,00 $488.00
A
Edinburg
00500-
CITY OF EDINBURG AGREEMENT
06726010 REFL PAV MRKR TY Il-C-R EA 99 $4.00 $396.00
04166032 DRILL SHAFT (TRF SIG LF 128 $273.00 $34,944.00
POLE) (36 IN)
06186046 CONDT (PVC) (SCH 80) LF 288 $11.00 $3,168.00
(2")
06186047 CONDT (PVC) (SCH 80) LF 483 $24.00 $11,592.00
(2") (BORE)
06186058 CONDT (PVC) (SCH 80) LF 120 $30.00 $3,600.00
(4")
06186059 CONDT (PVC) (SCH 80) LF 726 $38.00 $27,588.00
(4") (BORE)
06206004 ELEC CONDR (NO.12) LF 1188 $1.00 $1,188.00
INSULATED
06206009 ELEC CONDR (NO.6) LF 40 $2.00 $80.00
BARE
06206010 ELEC CONDR (NO.6) LF 40 $2.00 $80.00
INSULATED
06206007 ELEC CONDR (NO.8) LF 826 $1.00 $826.00
BARE
06246010 GROUND BOX TY D EA 18 $1,178.00 $21,204.00
(162922) W/APRON
06256002 ZINC-COAT
STL WIRE LF 1808 $2.00 $3,616.00
STRAND (3/16")
06256004 ZINC-COAT STL WIRE LF 2790 $2.00 $5,580.00
STRAND (5/16")
06286002 REMOVE ELECTRICAL EA $306.00 $612.00
SERVICES
06286301 ELC SRV TY T 120/240 EA $2,303.00 $4,606.00
O00(NS)GS(L)TS(O)
06806004 REMOVING TRAFFIC EA $2,250.00 $4,500.00
SIGNALS
06826001 VEH SIG SEC EA 20 $214.00 $4,280.00
(12")LED(GRN)
06826002 VEH SIG SEC EA $214.00 $1,712.00
(12")LED(GRN ARW)
06826003 VEH SIG SEC EA 20 $214.00 $4,280.00
(12")LED(YEL)
06826004 VEH SIG SEC EA 12 $214.00 $2,568.00
(12")LED(YEL ARW)
06826005 VEH SIG SEC EA 20 $214.00 $4,280.00
(12")LED(RED)
06826006 VEH SIG SEC EA $214.00 $856.00
(12")LED(RED ARW)
06826018 PED SIG SEC EA 16 $482.00 $7,712.00
(LED)(COUNTDOWN)
06826023 BACK PLATE (12")(3 SEC) EA 16 $102.00 $1,632.00
06826024 BACK PLATE (12")(4 SEC) EA $123.00 $492.00
06826025 BACK PLATE (12")(5 SEC) EA $139.00 $556.00
06846009 TRF SIG CBL (TY A)(12 LF 2414 $1.00 $2,414.00
AWG)(4 CONDR)
THE CITY OF 00500- 5
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CITY OF EDINBURG AGREEMENT
06846010 TRF SIG CBL (TY A)(12 LF 2022 $2.00 $4,044.00
AWG)(5 CONDR)
06846012 TRF SIG CBL (TY A)(12 LF 1719 $2.00 $3,438.00
AWG)(7 CONDR)
06846080 TRF SIG CBL (TY C)(14 LF 4808 $1.00 $4,808.00
AWG)(2 CONDR)
06866019 INS TRF SIG PLAM EA $7,285.00 $36,425.00
(S)STR(TY D)
06866020 INS TRF SIG PLAM EA $9,052.00 $27,156.00
(S)STR(TY D)LUM
06886001 PED DETECT PUSH EA 16 $782.00 $12,512.00
BUTTON (APS)
06886003 PED DETECTOR EA $3,589.00 $7,178.00
CONTROLLER UNIT
06886004 VEH LP DETECT LF 3644 $9.00 $32,796.00
(SAWCUT)
06806002 INSTALL HWY TRF SIG EA $20,890.00 $41,780.00
(ISOLATED)
04006003 STRUCT EXCAV (PIPE) cy 921 $47.00 $43,287.00
04006010 STRUCT EXCAV (SPECIAL) cy 6825 $47.00 $320,775.00
04006011 SAND BACKFILL cy 3129 $18.00 $56,322.00
04646003 RC PIPE (CL IIl)(18 IN) cy 997 $38.00 $37,886.00
04646004 RC PIPE (CL IIl)(21 IN) cy 171 $51.00 $8,721.00
04646005 RC PIPE (CL 1ll)(24 IN) cy 1674 $49.00 $82,026.00
04646007 RC PIPE (CL IIl)(30 IN) cy 885 $70.00 $61,950.00
04646008 RC PIPE (CL Ill)(36 IN) 1549 $97.00 $150,253.00
04646009 RC PIPE (CL Ill)(42 IN) cy 204 $123.00 $25,092.00
01046009 REMOVING CONC sy 2.8 $248.00 $694,40
(RIPRAP)
04026001 REMOVING CONC LF 5025 $2.00 $10,050.00
(RIPRAP)
04326001 REMOVING CONC cy 2.8 $465.00 $1,302.00
(RIPRAP)
04646003 REMOVING CONC LF 96 $40.00 $3,840.00
(RIPRAP)
04656037 REMOVING CONC EA 23 $4,222.00 $97,106.00
(RIPRAP)
04656056 REMOVING CONC EA $2,833.00 $5,666.00
(RIPRAP)
04656002 REMOVING CONC EA $5,405.00 $27,025.00
(RIPRAP)
04656379 REMOVING CONC EA $1,015.00 $7,105.00
(RIPRAP)
04796003 REMOVING CONC EA 11 $1,148.00 $12,628.00
(RIPRAP)
04966007 REMOVING CONC LF 1838 $3.00 $5,514.00
(RIPRAP)
burg
THE CITY OF 00500- 6
Edin
CITY OF EDINBURG AGREEMENT
04966002 REMOVING CONC EA 13 $601.00 $7,813.00
(RIPRAP)
05406014 REMOVING CONC LF 25 $25.00 $625.00
(RIPRAP)
05426001 REMOVING CONC LF 25 $32.00 $800.00
(RIPRAP)
01646035 DRILL SEEDING (PERM) sy 4502 $0.50 $2,251.00
(RURAL) (CLAY)
01646041 DRILL SEEDING (TEMP) sy 4502 $0.50 $2,251.00
(WARM)
01686001 VEGETATIVE WATERING MG 75.78 $30.00 $2,273.40
05066021 CONSTRUCTION EXITS sy 234 $16.00 $3,744.00
(INSTALL) (TY 2)
05066024 CONSTRUCTION EXITS sy 234 $14.00 $3,276.00
(REMOVE)
05066041 BIODEG EROSN CONT LF 260 $6.00 $1,560.00
LOGS (INSTL) (12")
0 OWNER'S ALLOWANCE LS} 4 $50,000.00 $50,000.00
Total of all Extended Prices for Unit Price Work (subject to final adjustment based
on actual quantities) $3,017,905.20
3. Liquidated damages for failing to timely attain Milestones, Substantial
Completion, and final completion are not additive, and will not be imposed
concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor,
Owner is not precluded from recovering other damages, whether actual, direct,
excess, or consequential, for such delay, including for special damages (if any)
specified in this Agreement.
4.06 Special Damages
A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner
as a direct result of the Contractor’s failure to attain Substantial Completion
according to the Contract Times, and (2) for the actual costs reasonably incurred by
Owner for engineering, construction observation, inspection, and administrative
services needed after the time specified in Paragraph 4.02 for Substantial
Completion (as duly adjusted pursuant to the Contract), until the Work is
substantially complete.
After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse,
or fail to complete the remaining Work within the Contract Times, Contractor shall
reimburse Owner for the actual costs reasonably incurred by Owner for engineering,
construction observation, inspection, and administrative services needed after the
time specified in Paragraph 4.02 for Work to be completed and ready for final
payment (as duly adjusted pursuant to the Contract), until the Work is completed
and ready for final payment.
c. The special damages imposed in this paragraph are supplemental to any liquidated
damages for delayed completion established in this Agreement.
Edinburg
00500-
CITY OF EDINBURG AGREEMENT
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 Work other than Unit Price Work.
All specific cash allowances are included in the above price in accordance with
Paragraph 13.02 of the General Conditions.
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).
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.
Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price
adjustment) $3,017,905.20.
D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
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 the basis of Contractor’s Applications for
Payment on or about the 25" 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. 95 percent of the value of the Work completed (with the balance being
retainage); and
95 percent of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
00500- 8
CITY OF EDINBURG AGREEMENT
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase
total payments to Contractor to 100 percent of the Work completed, less such
amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions,
and less 200 percent of Engineer's estimate of the value of Work to be completed or
corrected as shown on the punch list of items to be completed or corrected prior to
final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder
of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial
Completion or any other time, unless Contractor submits written consent of the
surety to such payment, return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 0 percent per
annum.
CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
General Conditions.
Supplementary Conditions.
Specifications as listed in the table of contents of the project manual (copy of
list attached).
Drawings (not attached but incorporated by reference) consisting of 205 Sheets
sheets with each sheet bearing the following general title: Alberta Road
Reconstruction Phase 1.
Addenda: Addendums #1-3.
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.
THE CITY OF 00500- 9
Edin burg
CITY OF EDINBURG AGREEMENT
e. Warranty Bond, if any.
The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7.
The Contract Documents may only be amended, modified, or supplemented as
provided in the Contract.
REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1 Contractor has examined and carefully studied the Contract Documents,
including Addenda.
Contractor has visited the Site, conducted a thorough visual examination of the
Site and adjacent areas, and become familiar with the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
Contractor is familiar with all Laws and Regulations that may affect cost,
progress, and performance of the Work.
Contractor has carefully studied the reports of explorations and tests of
subsurface conditions at or adjacent to the Site and the drawings of physical
conditions relating to existing surface or subsurface structures at the Site that
have been identified in the Supplementary Conditions, with respect to the
Technical Data in such reports and drawings.
Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been
identified in the Supplementary Conditions, with respect to Technical Data in
such reports and drawings.
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 Technical Data identified in the Supplementary
Conditions or by definition, with respect to the effect of such information,
observations, and Technical Data on (a) the cost, progress, and performance of
the Work; (b) the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor; and (c)Contractor’s safety
precautions and programs.
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.
Edinburg
00500- 10
CITY OF EDINBURG AGREEMENT
8. 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.
Contractor has given Engineer written notice of all conflicts, errors, ambiguities,
or discrepancies that Contractor has discovered in the Contract Documents, and
of discrepancies between Site conditions and the Contract Documents, and the
written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
11, 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.
8.02 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 8.02:
1 “corrupt practice” means the offering, giving, receiving, or soliciting of anything
of value likely to influence the action of a public official in the bidding process or
in the Contract execution;
“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;
“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
“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.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract
are EJCDC®C-700, Standard General Conditions for the Construction Contract
(2018), 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. The Supplementary
Conditions may also the terms, conditions and provisions of the General Conditions.
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CITY OF EDINBURG AGREEMENT
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will effective on September 7, 2021 (which is the Effective Date of the
Contract).
Owner: Contractor:
City of Edin! Texas-Cordia Construction, LLC
(typed eure of organization)
By:
Date:
(individual's signature)
09-a¢ 2091 Date: VU (individadl’s signature)
G30\ aor
(date signed) ( (date signed)
Nam Ron Garza Name: Yara M. Corbitt
(typed or printed) (typed or printed)
Title: City Manager Title: PE, CEO
(typed or pi (typed or printed)
(if (Contractor Name) is a corporation, a partnership, or a
Joint venture, ai
test: Attest:
Cet (individual's signature)
NY Title: coo
| (typed or printed)
for giving notices:
| Address for giving notices:
(typed or printed)
ity, Edinburg Texas Cordia Construction, LLC
W. University Drive 3149-A Center Pointe Drive
Edinburg, TX 78539 Edinburg, Texas 78539
Designated Representative: Designated Representative:
Name: Mirog
wen Hing ipsa PE CEM Name: Yara M. Corbitt, PE
V" (typed or print¥d) (typed or printed)
Title: City Ehaineer Title: CEO
(typed or printed) (typed or printed)
Address: Address:
415 WW. University Dove Texas Cordia Construction, LLC
Edinbury TK. 6534 3149-A Center Pointe Drive
Edinburg, Texas 78539
Phone: (ble) 38% Cao} Phone: (956) 627-6181
Email: mhinowosa et ity otedinbua Email: yara@texascordia.com
(if City of Edinburg is public body, attach evidence of C
authority to sign and resolution or other documents License No.:
authorizing execution of this Agreement.) (where applicable)
APPROVED AS TO FORM: State:
OMAR OA IRM, P.C.
wy: (—
Omar Ochoa, City Attorney
00500- 12
Edinburg
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its use or modification. This document should be adapted to the particular circumstances of
the contemplated Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared By
EJCDC=
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ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
ACEC
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASCE
AMERICAN SOCIETY OF CIVIL ENGINEERS
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NATIONAL
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ts PROFESSIONAL
ENGINEERS
Endorsed By
Sts] Building Knowledge
Improving Project Delivery
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EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Copyright® 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org
American Society of Civil Engineers
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(800) 548-2723
www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed
above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC
documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring
organizations above.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1—Definitions and Terminology. te
1.01 Defined Terms......
1.02 Terminology... we we
Article 2—Preliminary Matters
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance. .
2.02 Copies of Documents... tee
2.03 Before Starting Construction ve ve totes
2.04 Preconstruction Conference; Designation of Authorized Representatives . te
2.05 Acceptance of Schedules .....
2.06 Electronic Transmittals ..... te
Article 3—Contract Documents: Intent, Requirements, Reuse.
3.01 Inten’
3.02 Reference Standard 10
3.03 Reporting and Resolving Discrepancies... eee 10
3.04 Requirements of the Contract Documents....... 11
3.05 Reuse of Documents we we toes totes 11
Article 4—Commencement and Progress of the Work 12
4.01 Commencement of Contract Times; Notice to Proceed te 12
4.02 Starting the Work... 12
4.03 Reference Points.... totes 12
4.04 Progress Schedule 12
4.05 Delays in Contractor's Progress .. 12
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions . . 14
5.04 Availability of Lands ...... . 14
5.02 Use of Site and Other Areas...... 14
5.03 Subsurface and Physical Conditions...... 15
5.04 Differing Subsurface or Physical Conditions 16
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 5
5.05 Underground Facilities. 18
5.06 Hazardous Environmental Conditions at Site 19
Article 6—Bonds and Insurance te 22
6.01 Performance, Payment, and Other Bonds . 22
6.02 Insurance—General Provisions...... ve 22
6.03 Contractor's Insurance . 24
ee
6.04 Builder’s Risk and Other Property Insurance saeeeee . 25
6.05 Property Losses; Subrogation . 26
6.06 Receipt and Application of Property Insurance Proceeds 27
Article 7—Contractor’s Responsibilities te 27
7.01 Contractor's Means and Methods of Construction.......... 27
7.02 Supervision and Superintendence 28
7.03 Labor; Working Hours... te 28
7.04 Services, Materials, and Equipment ...... 28
7.05 “Or Equals” 29
7.06 Substitutes 30
7.07 Concerning Subcontractors and Suppliers 31
7.08 Patent Fees and Royalties 32
7.09 Permits . 33
7.10 Taxes 33
7.11 Laws and Regulations.... torte 33
7.12 Record Documents... 34
7.13 Safety and Protection ....... 34
7.14 Hazard Communication Programs...... 35
7.15 Emergencies.. ve 35
7.16 Submittals 36
7.17 Contractor’s General Warranty and Guarantee.. 38
7.18 Indemnification... 39
7.19 Delegation of Professional Design Services . 40
Article 8—Other Work at the Site 41
8.01 Other Work . sees 41
8.02 Coordination ... 41
8.03 Legal Relationships. 42
}CDC® C-700, Standard General Conditions of the Construction Contract.
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil En
Preview
EXHIBIT B-1 CITY OF EDINBURG AGREEMENT Document 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT This Agreement is by and between CITY OF EDINBURG (“Owner”) and (Texas Cordia Construction, LLC) (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Roadway and Drainage reconstruction and expansion. 1.02 Contractor is responsible for requesting a permit from the City of Edinburg — Permits Department in a timely manner as soon as a Notice to Proceed is issued. THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2021-47, Alberta Road Reconstruction Phase 1. ENGINEER 3.01 The Owner has retained South Texas Infrastructure Group (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by Victor Trevino, PE. CONTRACT TIMES 4.01 Time is 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. Please note that dates below will be governed by Notice to Proceed, 4.02 Contract Times: Dates A. The Work will be substantially complete on or before August 14, 2022, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before September 28, 2022. THE CITY OF 00500- Edin burg CITY OF EDINBURG AGREEMENT 4.03 Milestones A. Parts of the Work must be substantially completed on or before the following Milestone(s): 1, Milestone 1 Substantial Completion/ August 14, 2022 2. Milestone 2 Final Completion / September 28, 2022 4.04 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 Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner based on fees below for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. For Contract of Amount Cost Per Day $5,000.00 To $25,000.00 $100.00 $25,000.01 To $100,000.00 $200.00 $100,000.01 To $500,000.00 $250.00 $500,000.01 To $1,000,000.00 $300.00 $1,000,000.01 To $2,000,000.00 $400.00 $2,000,000.01 To $3,000,000.00 $500.00 $3,000,000.01 To $4,000,000.00 $600.00 $4,000,000.01 To $5,000,000.00 $700.00 $5,000,000.01 | And Over $800.00 Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $600 for each day that expires after such time until the Work is completed and ready for final payment. Edinburg 00500- 2 CITY OF EDINBURG AGREEMENT Unit Price Work (Base Bid) Item Description Estimated Unit Extended Unit No. Quantity Price Price 05026001 BARRICADES, SIGNS AND MO 12 $2,500.00 $30,000.00 TRAFFIC HANDLING 5086001 CONSTRUCTING SY 4311 $17.00 $73,287.00 DETOURS 06626050 WK ZN PAV MRK REMOV EA 414 $4.00 $1,656.00 (REFL) TY II-A-A 06626063 WK ZN PAV MRK REMOV LF 14927 $0.50 $7,463.50 (w)4"(sLD) 06626071 WK ZN PAV MRK REMOV LF 369 $1.00 $369.00 (W)8"(SLD) 06626075 WK ZN PAV MRK REMOV LF 130 $3.00 $390.00 (w)24"(sLD) 06626095 WK ZN PAV MRK REMOV LF 19574 $0.50 $9,787.00 (Y4"(SLD) 06776001 ELIM EXT PAV MRK & LF 7985 $0.50 $3,992.50 MRKS (4") 06776003 ELIM EXT PAV MRK & LF 100 $1.00 $100.00 MRKS (8") 06776007 ELIM EXT PAV MRK & LF 38 $3.00 $114.00 MRKS (24") 06776008 ELIM EXT PAV MRK & EA $50.00 $150.00 MRKS (ARROW) 06776009 ELIM EXT PAV MRK & $75.00 $225.00 MRKS (DBL ARROW) 01106001 EXCAVATION 17282 $3.50 $60,487.00 (ROADWAY) 01326003 EMBANKMENT cy 79 $8.00 $632.00 (FINAL)(ORD COMP)(TY 8) 01526001 ROAD GRADER WORK STA 48 $167.00 $8,016.00 (ORD COMP) 02476225 FL BS (RDWY DEL)(TY E cy 7197 $24.00 $172,728.00 GR 4)(FNAL POS) 02606043 LIME (HYD, COM OR TON 163 $258.00 $42,054.00 QK)(SLURRY) 02606079 LIME TRT SY 32886 $0.50 $16,443.00 (SUBGRADE)(6") 03466058 TACK COAT GAL 2955 $5.00 $14,775.00 04206141 CL C CONC (CURB) cy 63 $342.00 $21,546.00 04326001 RIPRAP (CONC)(4 IN) cy $905.00 $905.00 05296008 CONC CURB & GUTTER LF 10989 $13.00 $142,857.00 (TY) 05306004 DRIVEWAYS (CONC) SY 700 $64.00 $44,800.00 Edinburg 00500- 3 CITY OF EDINBURG AGREEMENT 05306005 DRIVEWAYS (ACP) sy 434 $28.00 $12,152.00 05316001 CONC SIDEWALKS (4") sy 7863 $40.00 $314,520.00 05316018 CURB RAMPS (TY 1) sy 154 $184,00 $28,336.00 30766049 D-GR HMA TY-D SAC-A TON 5054 $108.00 $545,832.00 PG76-22 01046009 REMOVING CONC sy $0.00 $0.00 (RIPRAP) 01046015 REMOVING CONC sy 936 $3.00 $2,808.00 (SIDEWALKS) 01046017 REMOVING CONC SY 1334 $2.00 $2,668.00 (DRIVEWAYS) 01046021 REMOVING CONC LF 232 $4.00 $928.00 (CURB) 01046022 REMOVING CONC (CURB LF 5671 $1.00 $5,671.00 AND GUTTER) 01056043 REMOVING STAB BASE & sy 19635 $3.00 $58,905.00 ASPH PAV (0-6") 04966002 REMOV STR (INLET) EA $0.00 $0.00 04966004 REMOV STR (SET) EA $260.00 $2,080.00 04966007 REMOV STR (PIPE) LF $0.00 $0.00 06446076 REMOVE SM RD SN EA 15 $76.00 $1,140.00 SUP&AM 06366001 ALUMINUM SIGNS (TYA) SF 18 $281.00 $5,058.00 06446027 IN SM RD SN SUP&AM EA 14 $350.00 $4,900.00 TYS80(1)SA(P) 06446030 IN SM RD SN SUP&AM. EA $421.00 $842.00 TYS80(1)SA(T) 06666036 REFL PAV MRK TY LF 1559 $1.00 $1,559.00 (W)8"(SLD)(100MIL) 06666039 REFL PAV MRK TY LF 100 $2.00 $200.00 (W)12"(LNDP)(200MIL) 06666042 REFL PAV MRK TY LF 1285 $2.00 $2,570.00 (W)12"(SLD)(100MIL) 06666300 RE PM W/RET REQ TYI LF 1940 $0.40 $776.00 (W)4"(BRK)(1OOMIL) 06666303 RE PM W/RET REQ TY I LF 7408 $0.40 $2,963.20 (W)4"(SLD)(100MIL) 06666315 RE PM W/RET REQ TY! LF 9308 $0.40 $3,723.20 (Y)4"(SLD)(1OOMIL) 06686076 PREFAB PAV MRK TY C LF 310 $14.00 $4,340.00 (W) (24") (SLD) 06686077 PREFAB PAV MRK TY C EA 18 $195.00 $3,510.00 (W) (ARROW) 06686085 PREFAB PAV MRK TY C EA 10 $250.00 $2,500.00 (W) (WORD) 06726007 REFL PAV MRKR TY I-C EA 81 $4.00 $324.00 06726009 REFL PAV MRKR TY I-A- EA 122 4,00 $488.00 A Edinburg 00500- CITY OF EDINBURG AGREEMENT 06726010 REFL PAV MRKR TY Il-C-R EA 99 $4.00 $396.00 04166032 DRILL SHAFT (TRF SIG LF 128 $273.00 $34,944.00 POLE) (36 IN) 06186046 CONDT (PVC) (SCH 80) LF 288 $11.00 $3,168.00 (2") 06186047 CONDT (PVC) (SCH 80) LF 483 $24.00 $11,592.00 (2") (BORE) 06186058 CONDT (PVC) (SCH 80) LF 120 $30.00 $3,600.00 (4") 06186059 CONDT (PVC) (SCH 80) LF 726 $38.00 $27,588.00 (4") (BORE) 06206004 ELEC CONDR (NO.12) LF 1188 $1.00 $1,188.00 INSULATED 06206009 ELEC CONDR (NO.6) LF 40 $2.00 $80.00 BARE 06206010 ELEC CONDR (NO.6) LF 40 $2.00 $80.00 INSULATED 06206007 ELEC CONDR (NO.8) LF 826 $1.00 $826.00 BARE 06246010 GROUND BOX TY D EA 18 $1,178.00 $21,204.00 (162922) W/APRON 06256002 ZINC-COAT STL WIRE LF 1808 $2.00 $3,616.00 STRAND (3/16") 06256004 ZINC-COAT STL WIRE LF 2790 $2.00 $5,580.00 STRAND (5/16") 06286002 REMOVE ELECTRICAL EA $306.00 $612.00 SERVICES 06286301 ELC SRV TY T 120/240 EA $2,303.00 $4,606.00 O00(NS)GS(L)TS(O) 06806004 REMOVING TRAFFIC EA $2,250.00 $4,500.00 SIGNALS 06826001 VEH SIG SEC EA 20 $214.00 $4,280.00 (12")LED(GRN) 06826002 VEH SIG SEC EA $214.00 $1,712.00 (12")LED(GRN ARW) 06826003 VEH SIG SEC EA 20 $214.00 $4,280.00 (12")LED(YEL) 06826004 VEH SIG SEC EA 12 $214.00 $2,568.00 (12")LED(YEL ARW) 06826005 VEH SIG SEC EA 20 $214.00 $4,280.00 (12")LED(RED) 06826006 VEH SIG SEC EA $214.00 $856.00 (12")LED(RED ARW) 06826018 PED SIG SEC EA 16 $482.00 $7,712.00 (LED)(COUNTDOWN) 06826023 BACK PLATE (12")(3 SEC) EA 16 $102.00 $1,632.00 06826024 BACK PLATE (12")(4 SEC) EA $123.00 $492.00 06826025 BACK PLATE (12")(5 SEC) EA $139.00 $556.00 06846009 TRF SIG CBL (TY A)(12 LF 2414 $1.00 $2,414.00 AWG)(4 CONDR) THE CITY OF 00500- 5 Edin burg CITY OF EDINBURG AGREEMENT 06846010 TRF SIG CBL (TY A)(12 LF 2022 $2.00 $4,044.00 AWG)(5 CONDR) 06846012 TRF SIG CBL (TY A)(12 LF 1719 $2.00 $3,438.00 AWG)(7 CONDR) 06846080 TRF SIG CBL (TY C)(14 LF 4808 $1.00 $4,808.00 AWG)(2 CONDR) 06866019 INS TRF SIG PLAM EA $7,285.00 $36,425.00 (S)STR(TY D) 06866020 INS TRF SIG PLAM EA $9,052.00 $27,156.00 (S)STR(TY D)LUM 06886001 PED DETECT PUSH EA 16 $782.00 $12,512.00 BUTTON (APS) 06886003 PED DETECTOR EA $3,589.00 $7,178.00 CONTROLLER UNIT 06886004 VEH LP DETECT LF 3644 $9.00 $32,796.00 (SAWCUT) 06806002 INSTALL HWY TRF SIG EA $20,890.00 $41,780.00 (ISOLATED) 04006003 STRUCT EXCAV (PIPE) cy 921 $47.00 $43,287.00 04006010 STRUCT EXCAV (SPECIAL) cy 6825 $47.00 $320,775.00 04006011 SAND BACKFILL cy 3129 $18.00 $56,322.00 04646003 RC PIPE (CL IIl)(18 IN) cy 997 $38.00 $37,886.00 04646004 RC PIPE (CL IIl)(21 IN) cy 171 $51.00 $8,721.00 04646005 RC PIPE (CL 1ll)(24 IN) cy 1674 $49.00 $82,026.00 04646007 RC PIPE (CL IIl)(30 IN) cy 885 $70.00 $61,950.00 04646008 RC PIPE (CL Ill)(36 IN) 1549 $97.00 $150,253.00 04646009 RC PIPE (CL Ill)(42 IN) cy 204 $123.00 $25,092.00 01046009 REMOVING CONC sy 2.8 $248.00 $694,40 (RIPRAP) 04026001 REMOVING CONC LF 5025 $2.00 $10,050.00 (RIPRAP) 04326001 REMOVING CONC cy 2.8 $465.00 $1,302.00 (RIPRAP) 04646003 REMOVING CONC LF 96 $40.00 $3,840.00 (RIPRAP) 04656037 REMOVING CONC EA 23 $4,222.00 $97,106.00 (RIPRAP) 04656056 REMOVING CONC EA $2,833.00 $5,666.00 (RIPRAP) 04656002 REMOVING CONC EA $5,405.00 $27,025.00 (RIPRAP) 04656379 REMOVING CONC EA $1,015.00 $7,105.00 (RIPRAP) 04796003 REMOVING CONC EA 11 $1,148.00 $12,628.00 (RIPRAP) 04966007 REMOVING CONC LF 1838 $3.00 $5,514.00 (RIPRAP) burg THE CITY OF 00500- 6 Edin CITY OF EDINBURG AGREEMENT 04966002 REMOVING CONC EA 13 $601.00 $7,813.00 (RIPRAP) 05406014 REMOVING CONC LF 25 $25.00 $625.00 (RIPRAP) 05426001 REMOVING CONC LF 25 $32.00 $800.00 (RIPRAP) 01646035 DRILL SEEDING (PERM) sy 4502 $0.50 $2,251.00 (RURAL) (CLAY) 01646041 DRILL SEEDING (TEMP) sy 4502 $0.50 $2,251.00 (WARM) 01686001 VEGETATIVE WATERING MG 75.78 $30.00 $2,273.40 05066021 CONSTRUCTION EXITS sy 234 $16.00 $3,744.00 (INSTALL) (TY 2) 05066024 CONSTRUCTION EXITS sy 234 $14.00 $3,276.00 (REMOVE) 05066041 BIODEG EROSN CONT LF 260 $6.00 $1,560.00 LOGS (INSTL) (12") 0 OWNER'S ALLOWANCE LS} 4 $50,000.00 $50,000.00 Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $3,017,905.20 3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently. B. If Owner recovers liquidated damages for a delay in completion by Contractor, Owner is not precluded from recovering other damages, whether actual, direct, excess, or consequential, for such delay, including for special damages (if any) specified in this Agreement. 4.06 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. c. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. Edinburg 00500- CITY OF EDINBURG AGREEMENT 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 Work other than Unit Price Work. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. 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). 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. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $3,017,905.20. D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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 the basis of Contractor’s Applications for Payment on or about the 25" 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. 95 percent of the value of the Work completed (with the balance being retainage); and 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 00500- 8 CITY OF EDINBURG AGREEMENT B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due will bear interest at the rate of 0 percent per annum. CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). General Conditions. Supplementary Conditions. Specifications as listed in the table of contents of the project manual (copy of list attached). Drawings (not attached but incorporated by reference) consisting of 205 Sheets sheets with each sheet bearing the following general title: Alberta Road Reconstruction Phase 1. Addenda: Addendums #1-3. 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. THE CITY OF 00500- 9 Edin burg CITY OF EDINBURG AGREEMENT e. Warranty Bond, if any. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1 Contractor has examined and carefully studied the Contract Documents, including Addenda. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 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 Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c)Contractor’s safety precautions and programs. 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. Edinburg 00500- 10 CITY OF EDINBURG AGREEMENT 8. 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. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11, 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. 8.02 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 8.02: 1 “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; “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; “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 “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. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC®C-700, Standard General Conditions for the Construction Contract (2018), 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. The Supplementary Conditions may also the terms, conditions and provisions of the General Conditions. 00500- 11 CITY OF EDINBURG AGREEMENT IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will effective on September 7, 2021 (which is the Effective Date of the Contract). Owner: Contractor: City of Edin! Texas-Cordia Construction, LLC (typed eure of organization) By: Date: (individual's signature) 09-a¢ 2091 Date: VU (individadl’s signature) G30\ aor (date signed) ( (date signed) Nam Ron Garza Name: Yara M. Corbitt (typed or printed) (typed or printed) Title: City Manager Title: PE, CEO (typed or pi (typed or printed) (if (Contractor Name) is a corporation, a partnership, or a Joint venture, ai test: Attest: Cet (individual's signature) NY Title: coo | (typed or printed) for giving notices: | Address for giving notices: (typed or printed) ity, Edinburg Texas Cordia Construction, LLC W. University Drive 3149-A Center Pointe Drive Edinburg, TX 78539 Edinburg, Texas 78539 Designated Representative: Designated Representative: Name: Mirog wen Hing ipsa PE CEM Name: Yara M. Corbitt, PE V" (typed or print¥d) (typed or printed) Title: City Ehaineer Title: CEO (typed or printed) (typed or printed) Address: Address: 415 WW. University Dove Texas Cordia Construction, LLC Edinbury TK. 6534 3149-A Center Pointe Drive Edinburg, Texas 78539 Phone: (ble) 38% Cao} Phone: (956) 627-6181 Email: mhinowosa et ity otedinbua Email: yara@texascordia.com (if City of Edinburg is public body, attach evidence of C authority to sign and resolution or other documents License No.: authorizing execution of this Agreement.) (where applicable) APPROVED AS TO FORM: State: OMAR OA IRM, P.C. wy: (— Omar Ochoa, City Attorney 00500- 12 Edinburg This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By EJCDC= — nS ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS e NATIONAL NS SOCIETY OF ts PROFESSIONAL ENGINEERS Endorsed By Sts] Building Knowledge Improving Project Delivery Nu CA D. ip EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright® 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology. te 1.01 Defined Terms...... 1.02 Terminology... we we Article 2—Preliminary Matters 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance. . 2.02 Copies of Documents... tee 2.03 Before Starting Construction ve ve totes 2.04 Preconstruction Conference; Designation of Authorized Representatives . te 2.05 Acceptance of Schedules ..... 2.06 Electronic Transmittals ..... te Article 3—Contract Documents: Intent, Requirements, Reuse. 3.01 Inten’ 3.02 Reference Standard 10 3.03 Reporting and Resolving Discrepancies... eee 10 3.04 Requirements of the Contract Documents....... 11 3.05 Reuse of Documents we we toes totes 11 Article 4—Commencement and Progress of the Work 12 4.01 Commencement of Contract Times; Notice to Proceed te 12 4.02 Starting the Work... 12 4.03 Reference Points.... totes 12 4.04 Progress Schedule 12 4.05 Delays in Contractor's Progress .. 12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions . . 14 5.04 Availability of Lands ...... . 14 5.02 Use of Site and Other Areas...... 14 5.03 Subsurface and Physical Conditions...... 15 5.04 Differing Subsurface or Physical Conditions 16 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 5.05 Underground Facilities. 18 5.06 Hazardous Environmental Conditions at Site 19 Article 6—Bonds and Insurance te 22 6.01 Performance, Payment, and Other Bonds . 22 6.02 Insurance—General Provisions...... ve 22 6.03 Contractor's Insurance . 24 ee 6.04 Builder’s Risk and Other Property Insurance saeeeee . 25 6.05 Property Losses; Subrogation . 26 6.06 Receipt and Application of Property Insurance Proceeds 27 Article 7—Contractor’s Responsibilities te 27 7.01 Contractor's Means and Methods of Construction.......... 27 7.02 Supervision and Superintendence 28 7.03 Labor; Working Hours... te 28 7.04 Services, Materials, and Equipment ...... 28 7.05 “Or Equals” 29 7.06 Substitutes 30 7.07 Concerning Subcontractors and Suppliers 31 7.08 Patent Fees and Royalties 32 7.09 Permits . 33 7.10 Taxes 33 7.11 Laws and Regulations.... torte 33 7.12 Record Documents... 34 7.13 Safety and Protection ....... 34 7.14 Hazard Communication Programs...... 35 7.15 Emergencies.. ve 35 7.16 Submittals 36 7.17 Contractor’s General Warranty and Guarantee.. 38 7.18 Indemnification... 39 7.19 Delegation of Professional Design Services . 40 Article 8—Other Work at the Site 41 8.01 Other Work . sees 41 8.02 Coordination ... 41 8.03 Legal Relationships. 42 }CDC® C-700, Standard General Conditions of the Construction Contract. Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil En