ESBD_518995_1779376360499_Attachment I - Owner Contractor Agreement.pdf

ATTACHMENT I

OWNER-CONTRACTOR AGREEMENT

TEMPLATE

NGTX-CFMO-CMB; FEB 2024 Page 1 of 3

TEXAS MILITARY DEPARTMENT

Contract No. Contract #

TMD P.O. Number: PO # Contract Amount: $0.00

STATE OF TEXAS §

COUNTY OF TRAVIS §

OWNER-CONTRACTOR AGREEMENT

1. This AGREEMENT is made by and between the STATE OF TEXAS, acting through the Texas Military Department, hereinafter called the OWNER, and Company’s Name, Street, City, State Zip Code, hereinafter called the CONTRACTOR.

2. The CONTRACT shall consist of the Contract Documents, the Request for Proposal, the Contractor's Proposal, and the Contract Award. The Contract Documents consist of the Owner- Contractor Agreement, the Uniform General and Supplemental General Conditions, the HUB Subcontracting Plan, the Drawings/Plans and Specifications, the Statement of Work, the Prevailing Wage Schedule, and all Addendums issued prior to, and any Change Orders issued after, execution of this OWNER-CONTRACTOR AGREEMENT.

3. In the event the conditions contained in one of the above-incorporated documents conflict with the terms contained in another, the governing terms and conditions will be given effect in the following order of descending priority:

a. Conditions contained in the change orders;

b. Conditions contained in Owner-Contractor Agreement;

c. Conditions contained in the Non-Collusion Affidavit;

d. Conditions contained in drawings/plans;

e. Conditions contained in the specifications;

f. Conditions contained in the Request for Proposal;

g. Supplemental General Conditions;

h. Uniform General Conditions.

4. WITNESSETH, that for and in consideration of the payments and agreements hereinafter to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to furnish all labor, materials, equipment, and services necessary to commence and complete certain public works described as Project Name, Company’s Name, Street, City, State Zip Code. All work executed by the CONTRACTOR must conform to the Drawings/Plans and Specifications including the Statement/Scope of Work.

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5. WITNESSETH, that the CONTRACTOR shall comply with the Uniform and Supplemental General Conditions.

6. The consideration to be paid by the OWNER to the CONTRACTOR for completion of the project in accordance with the Contract Documents is the Proposal Base ($0.00) and Options (if applicable) ($0.00). The CONTRACT SUM of this CONTRACT is Spelled Out Amount ($0.00).

This sum is based upon the CONTRACTOR'S Proposal for this project.

7. The CONTRACTOR agrees that the OWNER may order changes in the work consisting of additions, deletions, or other revisions, the CONTRACT SUM, and the CONTRACT TIME being adjusted accordingly. Said changes shall be in writing and approved by the OWNER prior to the CONTRACTOR commencing work. Any expense incurred by the CONTRACTOR without the written authorization of the State Contracting Officer will be the responsibility of the

CONTRACTOR.

8. The CONTRACTOR shall carry Builder’s Risk insurance, if applicable, for coverage including, but not limited to, fire, extended coverage, vandalism and malicious mischief, theft, and, if applicable, flood, earth movement, and storm events in accordance with the Uniform General and Supplemental Conditions.

9. The CONTRACTOR understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office or any successor agency to conduct an audit or investigation in connection with those funds. The CONTRACTOR further agrees to cooperate fully with the State Auditor’s Office or its successor in the conducting of an audit or investigation, including providing all records requested. The CONTRACTOR will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the CONTRACTOR and the requirement to cooperate is included in any subcontract the general contractor awards.

10. The CONTRACTOR further agrees to commence work under this CONTRACT on the date specified in a written NOTICE TO PROCEED issued by the OWNER and to fully complete the project on or before # calendar days after that specified date unless otherwise subsequently agreed.

11. Payments by the OWNER shall be by warrants issued by the Comptroller of Public Accounts out of funds available to the Texas Military Department upon furnishing the OWNER with properly executed estimates of work completed and subject to Article X of the Uniform General and Supplemental Conditions. The acceptance date for a payment application shall be the date the application is approved and certified for payment by the OWNER. The OWNER'S payment certification will be annotated on the CONTRACTOR'S payment application.

12. This Owner-Contractor Agreement shall be effective as of the date executed by the last party and shall terminate on Month Day, Year, unless extended by the parties by amendment.

13. The venue of any suit brought for any claim of breach of this CONTRACT or for any other claims arising from or related to the performance of the parties pursuant to this contract is hereby fixed in any court of competent jurisdiction in Travis County, Texas. All payments under this CONTRACT shall be due and payable in Travis County, Texas.

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14. The said parties, for themselves, their heirs, successors, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained.

15. IN WITNESS WHEREOF, the parties to these presents have executed this CONTRACT on the date shown.

TEXAS MILITARY DEPARTMENT COMPANY’S NAME

Brian Stevens Printed Name:

Deputy Director Construction and Facilities Management Office Title

Date of execution: Date of execution:

TEXAS MILITARY DEPARTMENT COMPANY’S NAME