Form No. OGC S –
99 - 22
LETTER OF
CONTRACT
Contract
No.
Building:
Datedate
FIRM NAME
ADDRESS
CITY, STATE ZIP
Attention:
Re:
Dear
This Letter of Contract
will confirm the University of Houston VICTORIA
(“UNIVERSITY”)
acceptance of your proposal-dated _______________(copy attached) for the
amount not to exceed for:
Detailed Scope of Work________________________________________________________________
____________________________________________________________________
You may proceed under this
contract immediately upon final execution and all obligations of FIRM NAME
under this Contract, shall be satisfied on or before (DATEfinal execution).
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 university shall be entitled to terminate this agreement upon
written notice thereof to Contractor
(or other designation).
Certificate of insurance
coverage, meeting the requirements indicated below, must accompany this
Contract when returned for final execution.
Type of Coverage Limits
of Liability
Worker’s Compensation Statutory
Limit-State of Texas
Employer’s Liability
Bodily Injury By Accident $100,000 Ea.
Accident
Bodily Injury By Disease $100,000 Ea.
Employee
Bodily Injury By Disease $100,000
Policy Limit
Commercial General $1,000,000
Ea.
Occurrence/ $2,000,000 Aggregate Aggregate
Liability (Bodily Injury & Iinclude
Products/Completed Operations
Property
Damage) $ 50,000 Fire Damage
(Combined Single Limit) $ 5,000 Medical Expense
Comprehensive Auto Liability $ 1,0500,000
Combined Single Limit
Comprehensive Auto Liability (Other) $ SPECIFIED
DOLLAR AMOUNTN/A
Professional Liability $ SPECIFIED DOLLAR
AMOUNTN/A
Professional Liability (Other) $ SPECIFIED
DOLLAR AMOUNTN/A
Builder’s Risk $ PER CONTRACTN/A
The UNIVERSITY and the
UNIVERSITY OF HOUSTON SYSTEM shall, with the exception of Workers Compensation, Employers
Liability and Professional Liability be named as an additional insured
under each
of the above
policies the policy, and the
Contractor and its insurer agree to provide as
well as a complete waiver of subrogation against the
UNIVERSITY. Certificates of Insurance
evidencing the proper coverage must shall
be provided and
accepted by the University prior to the start of work
and any change in coverage must be reported 30 days prior to taking
effect.
The CONTRACTOR agrees that
all work on the project pursuant to this contract shall be at the
CONTRACTOR’S exclusive risk until final
and complete acceptance thereof by the University, and in case of any loss or
damage thereto, in whole or in part, prior to such acceptance, however cause,
such loss and/or damage shall be borne by the CONTRACTOR.
INDEMNITY: To the fullest extent permitted
by law, the CONTRACTOR shall indemnify
and hold harmless the UNIVERSITY OF HOUSTON SYSTEM BOARD OF REGENTS, the
UNIVERSITY OF HOUSTON, the UNIVERSITY OF HOUSTON SYSTEM, the UNIVERSITY OF
HOUSTON-CLEAR LAKE, the UNIVERSITY OF HOUSTON-DOWNTOWN, and the UNIVERSITY OF
HOUSTON-VICTORIA, their agents, and
employees, officers, administrators and component
institutions, successors and assigns from and against all claims, injuries, damages,
losses,
costs,
and expenses and liability, including but not limited to
reasonable attorneys’ fees, whether arising before, during or after completion
of the CONTRACTOR’S work, caused by or arising out
of or resulting from performance of work, of whatever nature, provided that any such
claim, damage, loss or expense (1) is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the work itself) including the loss of use resulting therefrom, and (2) is
caused in whole
or in part by any negligent act or omission by the
CONTRACTOR, and subcontractor, or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, but only to that
extent, proportion or degree that the claims, damages, losses and expenses are
attributable to the negligence act or omission of the
CONTRACTOR or its subcontractors.
The UNIVERSITY reserves and has the right and privilege
of canceling, suspending, or abandoning the execution of all or any service in
connection with this contract at any time upon three days (3) written notice
to the CONTRACTOR. The UNIVERSITY’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 UNIVERSITY as a result of any
default or consequence of termination.
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 UNIVERSITY or its
components, Contractor agrees to
abide by the policies and procedures of the UNIVERSITY and it’s
components relative to conduct on its premises.
The UNIVERSITY and CONTRACTOR each binds himself, and
his partners, successors, executors, administrators and assigns to the other
party of this Agreement and to the partners, successors, executors,
administrators and assigns of such other party in respect to all covenants of
this Agreement. The CONTRACTOR shall not assign, sublet or transfer his
interest in this Agreement without written consent of the UNIVERSITY. Nothing
herein shall be construed as giving any rights or benefits hereunder to anyone
other than the UNIVERSITY and CONTRACTOR.
It is agreed and
understood that the Contractor is
an independent contractor and not an agent or employee of the University. Nothing in this Contract shall be construed to create a joint
venture, partnership, association, or like relationship between the parties.
It is mutually
agreed by the parties that if litigation should arise concerning all or any
part of this contract, venue shall lie in Harris County, Texas.
The CONTRACTOR agrees to
execute the attached affidavit regarding Child Support Certification.
The CONTRACTOR agrees
to secure a payment bond
if the Contract Price is in excess of $25,000 and/or a performance bond if the Contract Price is in
excess of $100,000 in accordance with Texas Government Code §2253.021, upon execution of
contract.
Upon final acceptance of
the work and submission of proper invoice, the University will process your invoice for payment in
accordance with the State of Texas 30-day prompt payment law:
INVOICING ADDRESS:
University of Houston –
Victoria
Attn: Accounts Payable
3007 North Ben Wilson
Victoria, Texas 77901-5731
In meeting your obligation
under this contract, please coordinate your efforts with me. Please sign and return
all copies of this contract within ten (10) days. After all copies are properly executed, one copy will be
returned to you for your files and work may proceed.
Sincerely,
Lydia Huber(NAME)
(TITLE)Purchasing
Agent
APPROVED:
_______________________________________
Dr. Don N. Smith Date [Name
of Appropriate Contracting Officials][1]
Provost/Vice President for Academic Affairs
_______________________________________
Wayne Beran Date
Vice President for Administration and
Finance
[Title]James T. Hale
CONTRACTOR/VENDOR: Assoc.
Vice Chancellor/Assoc. Vice Pres.
Name:
By: Date:
Name Printed:
APPROVED:
James
R. Berry, A.I.A.
Executive
Director
Facilities and Planning
XXX/xx
Attachments:
Quotation Date:______________________________
Child Support
Certification
Alternative Dispute
Resolution
Financial Obligations to the
State of Texas
OGC Form No: S-99-22
Approved for use
as a Standard Agreement by the University of Houston System
Office of the
General Counsel on 6/3/99 Note: Modification of this Form requires approval
of OGC
TEXAS FAMILY CODE, SECTION 23182
INELIGIBILITY TO RECEIVE STATE GRANTS,
LOANS, OR RECEIVE PAYMENT
ON STATE CONTRACTS
“A child support
obligor who is more than 30 days delinquent in paying child support, and a
business entity in which the obligor is a sole proprietor, partner,
shareholder, or owner with an ownership interest of at least 25 percent is not
eligible to receive payments from state funds under a contract to provide
property, materials or services; or receive a state - funded grant or loan
until:
1. All
arrears have been paid; or
2. The
obligor is in compliance with a written repayment agreement or court
order as to any existing delinquency.
CERTIFICATION STATEMENT
Under Section 231.006, Family Code, the vendor or applicant
certifies that the individual or business entity named in this contract, bid,
or application is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this contract may be terminated and
payment may be withheld if this certification is inaccurate.
I, the undersigned, hereby certify that I am in compliance
with the Texas Family Code, Section 231.006.
Applicable Signatures %
Owned Social Security Number Date
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