Res 2026-054 awarding a contract to Liberty Civil Construction, LLC, for the Highway 80 Utility Project, to connect the proposed lift station, force main, and reclaimed transmission main to pipelines.

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Docusign Envelope ID: CEC9F821-7B87-45EC-8E03-AAD4B1447C7D OWNER-CONTRACTOR AGREEMENT HWY 80 Utility Project IFB, #2025-121 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 Liberty Civil Construction, LLC., 2937 Hero Way, Leander, TX 78641, ("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 awarded under this Agreement with the Contract Documents for the Contract Amount of thirteen million, five hundred fifty thousand, four hundred four dollars and 24/100s ($13,550,404.24) and within the Contract Time. The Work to be performed under this Agreement shall consist of only those package(s) awarded to the Contractor, as specified below: Description of Work (based on awarded packages(s)): A. Construction of the proposed Lift Station Package and appurtenant work and the proposed Pipeline Package and appurtenant work. The specified Work awarded to the Contractor shall be identified in the Notice of Award and Contract Execution 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; Rev 08.17.2022 OC-1