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DocuSign Envelope ID: 99A85555-2285-49E2-BAE5-5A03DE701 B87 <br />OWNER -CONTRACTOR AGREEMENT <br />KENNETH COPELAND PARK IMPROVEMENTS 4223-057 <br />STATE OF TEXAS <br />COUNTY OF HAYS <br />This Agreement (this "Agreement") is entered into by and between The City of San <br />Marcos, a municipality in the State of Texas ("Owner"), and T.F. Harper & Associates, LP, 1685 <br />South FM 1626, Buda TX 78610, ("Contractor"), and is effective for all purposes as of the date <br />of the last signature to this Agreement ("Effective Date"). <br />Section 1. The Contractor agrees to commence, carry out, and complete all work for the <br />construction of the Project for the Contract Amount of One Hundred Sixty -Five Thousand Nine <br />Hundred Forty -Two Dollars & 501100 ($165,942.50) and within the Contract Time, in <br />accordance with the Contract Documents. <br />Section 2. The Owner agrees to pay the Contractor for the satisfactory performance of the <br />Contract in accordance with the amount agreed to herein for all Work in accordance with the <br />Bidding and Contract Documents, Project Manual, Drawings, and Addenda, which are <br />incorporated herein by reference and described in Article 2 of the General Conditions which <br />constitute the Contract between the Owner and the Contractor. Any unit prices contained in the <br />Bid Form will apply to this Contract in case of subsequent quantity adjustments for work items. <br />Section 3. The Contractor agrees to commence work by the project start date set in the <br />Notice to Proceed, to finally complete and achieve final acceptance of the Project within the <br />number of days specified in the Project Schedule on PS -1 which is incorporated by reference into <br />this Owner -Contractor Agreement, subject to extensions of time as provided in the Contract <br />Documents. Time is of the essence of this Agreement, and the Contractor acknowledges that the <br />Owner will be damaged if the Contractor fails to complete the Project on time and in accordance <br />with the Contract Documents. The Contractor agrees to ensure that workers' compensation <br />insurance coverage will be provided for all persons employed on the Project. <br />Section 4. The Contractor makes the following representations in order to enter into this <br />Agreement with the Owner: <br />a) The Contractor has examined, read, and understands the Contract Documents; <br />b) The Contractor is familiar with the Project area and site, and all local, state, and federal <br />laws and regulations that in any manner may affect cost, progress, or performance of the work; <br />c) The Contractor has made and studied the results of examinations, investigations, and <br />tests of subsurface and latent physical conditions which may affect the cost, progress, or <br />performance of the work that the Contractor considers necessary to assure construction of the <br />Project at the contract price within the contract time and in accordance with the Contract <br />Documents, and no additional examinations, investigations, tests, reports, or other similar <br />information will be required by the bidder for these purposes; <br />Rev 08.17.2022 OC -1 <br />