Res 2024-139 approving the award of a construction contract to Payton Construction, Inc., for the Comanche Pump Station Improvements Project

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Docusign Envelope ID: D421A346-8EA0-41F0-9E7B-B62C88E8D7BD OWNER-CONTRACTOR AGREEMENT STATE OF TEXAS COUNTY OF HAYS This Agreement (this "Agreement") is entered into by and between The City of San Marcos, a municipality in the State of Texas ("Owner"), and Payton Construction,Inc., PO Box 1734, Wimberley, TX 78676, ("Contractor"), and is effective for all purposes as of the date of the last signature to this Agreement("Effective Date"). Section 1. The Contractor agrees to commence, carry out, and complete all work for the construction of the Project for the Contract Amount of three million, two hundred eighteen thousand,forty-six dollars($3,218,046.00) and within the Contract Time, in accordance with the Contract Documents. Section 2. The Owner agrees to pay the Contractor for the satisfactory performance of the Contract in accordance with the amount agreed to herein for all Work in accordance with the Bidding and Contract Documents, Project Manual, Drawings, and Addenda, which are incorporated herein by reference and described in Article 2 of the General Conditions which constitute the Contract between the Owner and the Contractor. Any unit prices contained in the Bid Form will apply to this Contract in case of subsequent quantity adjustments for work items. Section 3. The Contractor agrees to commence work by the project start date set in the Notice to Proceed, to finally complete and achieve final acceptance of the Project within the number of days specified in the Project Schedule on PS-1 which is incorporated by reference into this Owner-Contractor Agreement, subject to extensions of time as provided in the Contract Documents. Time is of the essence of this Agreement, and the Contractor acknowledges that the Owner will be damaged if the Contractor fails to complete the Project on time and in accordance with the Contract Documents. The Contractor agrees to ensure that workers' compensation insurance coverage will be provided for all persons employed on the Project. Section 4. The Contractor makes the following representations in order to enter into this Agreement with the Owner: a) The Contractor has examined, read, and understands the Contract Documents; b) The Contractor is familiar with the Project area and site, and all local, state, and federal laws and regulations that in any manner may affect cost,progress, or performance of the work; c) The Contractor has made and studied the results of examinations, investigations, and tests of subsurface and latent physical conditions which may affect the cost, progress, or performance of the work that the Contractor considers necessary to assure construction of the Project at the contract price within the contract time and in accordance with the Contract Documents, and no additional examinations, investigations, tests, reports, or other similar information will be required by the bidder for these purposes; Rev 08.17.2022 OC-1