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OWNER-CONTRACTOR AGREEMENT <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> This Agreement (this ÐAgreementÑ) is entered into by and between The City of San <br />Marcos, a municipality in the State of Texas (ÐOwnerÑ), and Maguire Iron, Inc., 1610 N. <br />Minnesota Ave., Sioux Falls, SD 57104, ("Contractor"), and is effective for all purposes as of <br />the date of the last signature to this Agreement (ÐEffective DateÑ). <br /> <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-Six Thousand Seven <br />Hundred Thirty and 00/100 ($166,730.00) and within the Contract Time, in accordance with the <br />Contract Documents. <br /> <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 /> <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 workersÓ compensation <br />insurance coverage will be provided for all persons employed on the Project. <br /> <br /> Section 4. The Contractor makes the following representations in order to enter into this <br />Agreement with the Owner: <br /> <br /> a) The Contractor has examined, read, and understands the Contract Documents; <br /> <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 /> <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 /> <br />Rev 08.17.2022 OC-1 <br /> <br />