ESBD_504438_1775568083491_OGC-S-2010-07 Owner-Contractor Construction Agreement (01-25).pdf

Form No. OGC-S-2010-07

Owner-Contractor Construction Agreement For Use with Uniform General Conditions

This agreement is entered into as of the date of final signature (“Effective Date”) between Lone Star College (the "College"), a public junior college pursuant to Section 130.004 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 commence upon the Effective Date of last signature. 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 days’ written notice to the Contractor. The Contractor may terminate this Agreement upon thirty 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, incorporated herein by reference, 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, 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:

Standard Form Approved by Lone Star College

Office of the General Counsel

OGC-S-20 Contract th Uniform General Conditions Approved – Revised 0 Page of

ADDENDA:

5. 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.

6. 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:

7. 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).

8. 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.

9. 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, Standard Form Approved by Lone Star College

Office of the General Counsel

OGC-S-20 Contract th Uniform General Conditions Approved – Revised 0 Page of subcontractors, including suppliers or any of their employees or agents, or any other person.

c. Contractor must provide the certificate of insurance coverage, meeting the requirements indicated in the Uniform General Conditions of this Agreement, within 10 days of the College’s request.

d. This instrument 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.

This Agreement is effective upon the date of final signature.

LONE STAR COLLEGE CONTRACTOR

Signature Date Signature of Authorized Official Date

Printed Name Printed Name

Title Title

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.

OGC-S-20 Contract th Uniform General Conditions Approved – Revised 0 Page of

Standard Form Approved by Lone Star College

Office of the General Counsel