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Docusign Envelope ID: E6299123-C4C9-4A8E-BE6C-9F6E3E18AA5F <br /> OWNER-CONTRACTOR AGREEMENT <br /> 224-167 ELECTRIC DISTRIBUTION IDIQ <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 Linetec Services, LLC, 13201 <br /> Northwest Fwy, Suite 300,Houston,TX 77040, ("Contractor"), and is effective for all purposes <br /> as of the date 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 Million Eight Hundred Thousand <br /> Dollars ($1,800,000.00) and within the Contract Time, in accordance with the Contract <br /> 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. In order to induce Owner to enter into this Agreement, the Contractor makes <br /> the following representations: <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 06.02.2023 OC-1 <br />