Owner-Contractor Construction Agreement For Owner Controlled Insurance Program

Transcription

1 Owner-Contractor Construction Agreement For Owner Controlled Insurance Program This agreement is entered into as of ( Effective Date ) between Lone Star College (the "College"), a public junior college pursuant to Section of the Texas Education Code, and ( Contractor ). WITNESSETH, that for and in consideration of the promises of the parties herein and the mutual covenants set forth in this contract, the College and the Contractor agree to be legally bound as follows: 1. SCOPE OF WORK. Contractor agrees to commence and complete the construction described as follows: 2. TERM. This contract shall become effective as of the Effective Date and Contractor hereby agrees to commence work under this contract on, or before, a date to be specified in a written Notice to Proceed issued by the College, incorporated herein by reference, and to fully complete the project by or such earlier date as may be mutually agreed by the College and the Contractor. 3. TERMINATION. The College reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any service in connection with this Agreement at any time upon three (3) days written notice to the Contractor. The Contractor may terminate this Agreement upon thirty (30) days written notice to the College should the College substantially fail to perform their obligations under the terms of this Agreement. The College's liability in case of early termination will be limited to paying for the work already performed and the expenses already incurred as of the date of the termination, less any and all foreseen or unforeseen damages sustained by the College as a result of any default or consequence of termination. 4. COMPENSATION. For the services to be provided hereunder the College shall pay Contractor a fee not to exceed dollars ($ ) in accordance with the Unit Prices as set forth in Contractor s Bid Proposal, included as Exhibit A, and at its own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the Uniform General Conditions for the Owner- Contractor Construction Agreement for Owner Controlled Insurance Programs (OCIP), the specifications and contract documents as prepared by, herein entitled the Architect/Engineer, all of which are made a part hereof and collectively evidence and constitute the Contract, including: ALTERNATES: Page 1 of 5

2 ADDENDA: 5. OWNER CONTROLLED INSURANCE PROGRAM. The College has elected to implement an Owner Controlled Insurance Program (OCIP) for this construction project. Refer to the Uniform General Conditions for the Lone Star College Owner-Contractor Construction Agreement for OCIP for a complete listing of coverages provided by the OCIP. The Contractor shall not commence work under this Agreement until 1) it has verified that all insurance provided by Owner under the OCIP, as set forth in Attachment A in the Uniform General Conditions for the Lone Star College Owner-Contractor Construction Agreement for OCIP, has been placed in effect and 2) it has obtained other required insurance as set forth in Attachment A in the Uniform General Conditions for the Lone Star College Owner-Contractor Construction Agreement for OCIP and such insurance has been reviewed and approved in writing by the Owner. Approval of the insurance by the Owner shall not relieve nor decrease the liability of the Contractor hereunder. Prior to commencing any of the Pre construction Services, Contractor shall provide evidence, as required by section 5.2 of the Uniform General Conditions for the Lone Star College Owner- Contractor Construction Agreement for OCIP, indicating coverage for Comprehensive Automobile Liability and Contractors Pollution Liability (if required) are in full force and effect. College shall purchase and maintain the Property/Builders Risk Insurance for the project in accordance with Attachment A in the Uniform General Conditions for Lone Star College Owner-Contractor Construction Agreement for OCIP. The Contractor should be prepared to identify and exclude, and cause all subcontractors and other vendors working under Construction Manager to identify and exclude, any cost for insurance coverage lines identified in the Uniform General Conditions for Lone Star College Owner-Contractor Construction Agreement for Owner Controlled Insurance Program (OCIP). 6. DEFAULT AND LIQUIDATED DAMAGES. IF THE CONTRACTOR FAILS TO PROSECUTE THE WORK WITH DILIGENCE AND FAILS TO COMPLETE THE WORK WITHIN THE SPECIFIED TIME OF THIS CONTRACT, OR ANY EXTENSION THEREOF, INCLUDING THE CORRECTION OF DEFICIENCIES FOUND DURING THE FINAL INSPECTION, CONTRACTOR SHALL PAY TO THE COLLEGE AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, THE SUM OF $ PER DAY FOR EACH CALENDAR DAY BEYOND THE COMPLETION DATES SET FORTH HEREIN. 7. NOTICES. All notices, requests, demands and other communications required hereunder shall be written and shall be deemed to have been personally delivered or when deposited in a regularly maintained receptacle of the United States Postal Service, postage prepaid, registered or certified, return receipt requested, properly addressed to: College: Contractor: Page 2 of 5

3 8. CORPORATE FRANCHISE TAX. Contractor (or Seller or other designation of contracting party) certifies that, upon the effective date of this agreement, either (1) it is not delinquent in payment of State of Texas corporate franchise taxes, or (2) it is not subject to the payment of such taxes. Contractor (or other designation of contracting party) agrees that any false statement with respect to franchise tax status shall be a material breach hereof, and the College shall be entitled to terminate this Agreement upon written notice thereof to Contractor (or other designation). 9. COMPLIANCE. Contractor agrees to abide by and perform the work under this Contract in compliance with all applicable City, State of Texas and Federal laws, rules, regulations and policies. While on the premises of the System or its components, Contractor agrees to abide by the policies and procedures of the System and its components relative to conduct on its premises. 10. MISCELLANEOUS. a. Contractor hereby certifies that if any of its principals or owners is a child support obligor, he/she is no more than 30 days delinquent in paying child support. b. Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against the College. It is agreed by the College and the Contractor that this Agreement is intended for the benefit of the College and Contractor only and not for the benefit of architects, engineers, contractors, subcontractors, including suppliers or any of their employees or agents, or any other person. c. Certificate of insurance coverage, meeting the requirements indicated in the Uniform General Conditions for the Owner-Contractor Construction Agreement for Owner Controlled Insurance Programs (OCIP), must accompany this agreement when returned for final execution. d. This instrument, Exhibit A, and the College s Uniform General Conditions for the Owner- Contractor Construction Agreement for Owner Controlled Insurance Programs (OCIP) which is attached hereto and incorporated herein as if copied verbatim contains the entire Agreement between the College and the Contractor and can be modified only by written instrument signed by authorized representatives of the College and the Contractor. In the case of any conflict between these documents, this instrument will govern. Executed in the year and day referenced above. LONE STAR COLLEGE CONTRACTOR Signature Date Signature of Authorized Official Date Name Title Name Title Page 3 of 5

4 Address City State Zip Federal Tax Identification Number OR Individual s Social Security Number If Contractor is Corporation: ATTEST: Signature of Secretary Date Secretary Name (Affix Seal) Note: Modification of this Form requires approval of OGC. Page 4 of 5

5 Power of Attorney STATE OF COUNTY OF Before me, the undersigned authority personally appeared the affiant and after having been duly sworn, did depose and state that: My name is, and I am, (State position held in the firm) in the firm of, (State firm name) located at, (State firm address) and I have the authority to execute contracts in behalf of the aforesaid firm, and have the authority to execute this contract pursuant to its terms and conditions. (Signature) Subscribed and sworn to before me this day of, 20. Notary Public in and for County, State of Page 5 of 5