Res 2024-196 awarding an Indefinite Delivery Indefinite Quantity (IDIQ) Master Contract to Texas Materials Group for the Street Overlay Services in the estimated annual amount of $2,500,000.00

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Docusign Envelope ID:040381380-1E613-4196-84131-7CF2842FADB0 OWNER-CONTRACTOR AGREEMENT STREET OVERLAY IDIQ IFB, 9224-003 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 Texas Materials Group, Inc., 5723 University Heights Blvd, Suite 115, San Antonio, TX 78249, ("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 two million, five hundred thousand dollars and 00/100s ($2,500,000.00), 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. In order to induce Owner to enter into this Agreement, the Contractor makes the following representations: 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; d) The Contractor has reviewed all information in the Contract Documents with respect to existing underground facilities at or near the Project site, and the Contractor assumes responsibility for the exact nature and location of these underground facilities; and no additional examinations, investigations, tests, reports, or similar information will be required by the Contractor in order to Rev 06.02.2023 OC-1