Construction Agreement Between Kerr County and Contractor
STATE OF TEXAS
COUNTY OF KERB
This Agreement made and entered into this 25th of August, 2009, by and between Kerr
County Commissioners Court of the County of Kerr and State of Texas(OWNER) 700 Main
Street, Kerrville, Texas 78028, and Dwain Cheeseman and DCC Creative Enterprise LLC, of
702 W. Travis Street, Fredericksburg, Texas 78624, hereafter termed CONTRACTOR.
The Owner and Contractor mutually agree that:
This Contract incorporates General Conditions for Construction Contract as documented
herein.
The Contractor is an independent contractor and the County is absolutely not liable for
any terms or conditions of employment.
PROJECT: Kerr County Courthouse Door and Window Replacement as documented in project
Manual dated March 31, 2009.
ARCHITECT: Peter Lewis and Associates, PLLC
334 West Water Street
Kerrville, Texas 78028
SCOPE OF WORK:
The Contractor shall execute the entire work described in the Contract
Documents.
Contractor shall include all labor and approved materials, appliances and services
of every kind necessary for proper execution of work. Contractor shall re-execute any
work that fails to conform to the requirements of the contract. Contractor will remove all
of his construction debris from the site and leave premises in broom-clean condition.
Contractor shall perform all work in compliance with General Conditions for
Construction Contract attached hereto.
DATE OF COMMENCEMENT:
As specified in the bid documents dated March 31, 2009 and in accordance with
the time restrictions noted in the Instruction to Bidders.
The Date of Commencement of this project isOctober 1, 2009.
COMPENSATION:
Subject to additions and deductions as provided in the Contract Documents, the
Owner shall pay the Contractor in current funds for Contractor's performance of the Contract the
sum of Two Hundred Forty Four Thousand, Nine Hundred Thirty Five and no/100 Dollars
($244,935.00).
Alternate 1: Deduct $4750.00 for refurbish entry side-lites and transoms as per
bid documents. Owner reserves the right to elect not to proceed under alternate 1 and require
contractor to proceed with base bid by paying amount deducted for alternate 1.
Owner shall make progress payments on the Contract sum to the Contractor as
provided below and subject General Terms and Conditions as stated herein.
1. $89,120.00 upon delivery of 50% of total number of windows
2. $ 9,500.00 upon installation of 25% of total number of windows
3. $9,500.00 upon installation of 50% of total number of windows
4. $84,125.00 upon delivery of 100% of total number of windows
6. $10,000.00 upon installation of 75% of total number of windows
7. $13,730.00 upon installation of entry systems
8. $11,000.00 upon installation of 100% of windows
9. Payment of all extras or change orders less 10% retainage upon completion
Construction Progress Payments shall be paid as detailed in General conditions for
Construction.
Final payment, constituting the entire unpaid balance of the Contract Sum and approved
Extras shall be made by the Owner to the Contractor when all work has been completed and the
Contract fully performed, subject to the General Condition For Construction.
This Agreement entered into as of the day and year as stated above.
Kerr County:
County Judge and Commissioners Court
700 Main Street
Kerrville, Texas 78028
(830)792-2211
at Tinl y, County Judge
Date'.
Contractor:
Dwain Cheeseman
DCC Creative Enterprise LLC
702 W. Travis Street
Fredericksburg, Texas 78624
(830)997-5302 _
Dwain Cheeseman, Owner or Agent
S?-2Q-~
Date
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GENERAL CONDITIONS FOR	
CONSTRUCTION CONTRACT	
TABLE OF CONTENTS:	
General Contract Definitions	Page 2-3
General Laws Governing Construction	Page 3
Compliance with and Enforcement of Prevailing Wage Laws	Page 3
Drawings and Specifications	Page 3-4
Construction Bonds	Page 4
Insurance Requirements	Page 5-7
General Responsibilities of Owner and Contractor	Page 7
The Contractor's Responsibility for Jobsite Safety	Page 8
Materials and Workmanship; Licensing and Testing	Page 8-10
Shop Drawings and Submittals	Page 9
Contract Payments	Page 10-11
Inspection of the Project during Construction	Page 11
Closing Inspections	Page 11
Contract Final Acceptance and Payment	Page 11-13
Contract Warranty and Guarantee	Page 14
Concealed Site Conditions	Page 14
Change Orders	Page 14-15
Time Allotted for Performance; Construction Schedules	Page 16
Modification of the Contract Time	Page 17
Termination and Suspension of the Contract Prior to Comp.	Page 18-20
Dispute Resolution	Page 20
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1 Definitions
1.1 Architect/En ineer means a person registered as an architect pursuant to Article 249a, Tex.
Civ. Stat. Ann., as a landscape architect pursuant to Article 249c, Tex. Civ. Stat. Ann., and/or a
person licensed as a professional engineer pursuant to Article 3271a, Tex. Civ. Stat. Ann., or a
firm employed by Owner to provide professional architectural or engineering services and
exercising overall responsibility for the design of a Project or a significant portion thereof, and
performing certain contract administration responsibilities as set forth in the Contract.
1.2 Contractor means the individual, corporation, company, partnership, firm or other
organization that has contracted to perform the Work under the Contract with the Owner.
1.3 Owner means the State of Texas acting though any responsible instrumentality of the State
of Texas, which is identified in the Contract as the Owner.
1.4 Owner's Designated Representative (ODR) means the Individual appointed or assigned by
the Owner to be its on-site representative during the Project, to exercise certain power on behalf
of the Owner and to undertake certain contract administration activities as specifically outlined
in the Contract
1.5 Contract means the Contract Documents between the Owner and Contractor.
1.6 Contract Date is the date of the Owner-Contractor Agreement is effective between the
Owner and Contractor
1.7 Contract Time means the period between Date of Commencement and the date scheduled
for substantial completion in the Contract Documents, as may be amended by Change Order
1.8 Day means a calendar day, unless otherwise specifically stipulated
1.9 Contract Documents means the Owner-Contractor Agreement, the Conditions of the
Contract the Drawings, the Specifications, the Bidding Documents, Advertisement, Invitation
and Instruction to Bidders, Contractor's Proposal, Contract Award and all Addenda issued prior
to and any Change Orders issued after execution of the Contract.
1.10 Change Order Request (COR) means anOwner-generated document which describes a
change in the Work, including a description and Drawings and Specifications, as necessary, to
inform the Contractor of the nature of the change.
1.11 Change Order Proposal Evaluation (CPE~means a Contractor-generated document in
response to a Change Order Request (COR) which states the adjustment necessary to Contract
Sum and Time, if any, in response to the changed work described in the Change Order Request
(COR)
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1.12 Chan e Order means a written modification of the Contract between the Owner and
Contractor, signed by the Owner, the Contractor and, in the case of a Type I change only, the
Architect/Engineer.
1.13 Schedule of Values means the detailed breakdown of the cost of the materials and labor
necessary to accomplish the Work as described in the Contract Documents, submitted by
Contractor for approval by Owner and Architect/ Engineer.
1.14 Shop Drawings means the drawings, diagrams, illustrations, schedules, performance charts,
brochures and other data which are prepared by the Contractor or any Subcontractor,
manufacturer, supplier or distributor, and which illustrate some portion of the Work.
2. Compliance with Laws: In the execution of the Contract Documents and the Work, the
Contractor shall comply with all applicable State and Federal laws, including but not limited to,
laws governing labor, equal employment opportunity, safety, environmental protection and
prevailing wage rates. The Contractor shall make himself familiar with and at all times shall
observe and comply with all Federal, State, and Local laws, ordinances and regulations which in
any manner affect the conduct of the Work. The Contractor shall indemnify and save harmless
the County and its official representatives against any claim arising from violation of any such
law, ordinance or regulation by himself, his subcontractors and his employees. Except where
expressly required otherwise by applicable laws and regulations, neither Owner not the
Architect/Engineer shall be responsible for monitoring Contractor's compliance with any laws or
regulations.
2.1 The Contractor shall cooperate with city or other governmental officials at all times where
their jurisdiction applies. The Contractor shall make application pay all fees and provide
supporting documentation necessary to secure permits, which are required for the performance of
the Contract Documents and the Work. Contractor has a continuing obligation throughout the
term of the Contract to conduct his operations under duly issued permits and, in the event
Contractor loses or has revoked a necessary permit, Contractor must take immediate steps to
apply for and receive another permit.
3. State Sales and Use Taxes: The Owner Qualifies for exemption from State and Local Sales
and Use Taxes pursuant to the provisions of Chapter 151, Texas Tax Code. The Contractor may
claim exemption from payment of applicable State taxes by complying with such procedures as
may be prescribed by the State Comptroller of Public Accounts.
4. Copies Furnished: The Contractor will be furnished free of charge a complete set of the
Contract Drawings and Specifications. Additional complete sets of Drawings and Specifications,
if requested, will be furnished at reproduction cost to the one requesting such additional sets.
5. Resolution of Conflicts in Documents: In the even of conflict between Drawings and
Specifications, the Specifications shall prevail. In the event of conflict among provisions of
specifications, using CSI format, what is called for in the division of the predominant discipline
will govern inconsistent provisions found elsewhere.
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6.0 In the event of conflict among the drawings, the large scale drawings prevail over the small
scale drawings.
6.1 In order to facilitate its responsibilities for completion of the Work in accordance with and
as reasonably inferable from the Contract Documents, prior to commencing the Work, the
Contractor shall examine and compare: the Contract Documents; information furnished by the
Owner; relevant field measurements made by the Contractor; and any visible conditions at the
Site affecting work.
7. Bonds: The Contractor is required to tender to Owner, performance and payment bonds, prior
to commencing of the Work.
7.1 A Payment Bond is required on this project. A payment bond is payable to the County, in
the full amount of the Contract and solely for the protection and use of payment bond
beneficiaries who have a direct contractual relationship with the Contractor or a supplier of
required materials or labor. Payment Bond may be waived by written agreement between the
parties. The form of bond shall be approved by the County.
7.2 A Performance Bond is required on this project. The performance bond is solely for the
protection of the state, in the full amount of the Contract and conditioned on the faithful
performance of the Work in accordance with the Contract Documents. The form of the bond
shall be approved by the County Judge/County Attorney.
7.3 Corporate sureties authorized to issue bonds shall be qualified and comply with relevant
provisions of the Texas Insurance Code.
7.4 The process of required and accepting bonds and making claims there under shall be
conducted in compliance with Chapter 2253, Texas Government Code. If or any reason a
statutory payment or performance bond is not honored by the surety, the Contractor shall fully
indemnify and hold the Owner harmless of and from any costs, losses, obligations or liabilities it
incurs as a result.
7.5 Owner shall furnish certified copies of a payment bond and the related Contract to any
qualified person seeking copies who complies with §2253.026, Texas Government Code.
7.6 Claims on Payment Bonds: Claims on payment bonds must be sent directly to the
Contractor and his surety in accordance with §2253.041, Texas Government Code. All Payment
Bond claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such
Contract, and that reliance on notices sent to the Owner may result in loss of their rights against
the Contractor and/or his surety. The Owner is not responsible in any manner to a claimant for
collection of unpaid bills, and accepts no such responsibility because of any representation by
any agent or employee.
7.8 Payment Claims when Payment Bond not required: When the value of the Contract between
the Owner and the Contractor is less than $25,000.00, claimants and their rights are governed by
Texas Property Code, §§ 53.231-53.239. These provisions set out the requirements for filing a
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valid lien on funds unpaid to the Contractor as of the time of filing the claim, actions necessary
to release the lien and satisfaction of such claims.
8. Insurance Requirements:
8.1 The Contractor shall carry insurance in the types and amounts indicated in this Article for the
duration of the Contract, which shall include items owned by Owner in the care, custody and
control of Contractor prior to, during construction and during the warranty period. Contractor
must also complete and file the declaration pages from the insurance policies with Owner
whenever a previously identified policy period expires during the term of the Contract, as proof
of continuing coverage. Acceptance of the insurance policy declaration pages by the Owner
shall not relieve or decrease the liability of the Contractor.
8.2 Minimum Insurance Coverage's: The Contractor shall provide and maintain, until the Work
covered in this Contract is completed and accepted y the Owner, the minimum insurance
coverage's in the minimum amounts as described below. Coverage shall be written on an
occurrence basis by companies authorized and admitted to do business in the State of Texas and
rated A- or better by A.M. Best Company or otherwise acceptable to Owner.
Type of Coverage
a. Worker's Compensation
b. Employer's Liability
Bodily Injury by Accident
Bodily Injury by Disease
Bodily Injury by Disease
Limits of Liability
not required/small business
$500,000 Ea. Accident
$500,000 Ea. Employee
$500,000 Policy Limit
c. Commercial General Liability, including coverage for the following:
1)	Premises Operations Combined Single
2)	Independent Contractors Limit for Bodily
3)	Products/Completed Injury and Property
	Operations Damage of
4)	Personal Injury $500,000
	Per occurrence or
5)	Contractual Liability its equivalent.
6)	Explosion, Collapse, Underground
7)	Broad form property damage, to include fire legal liability
d. Business	Automobile Liability owned/leased, owned, hired
	Combined single limit for Non-
	Bodily Injury and Property
	Damage of $300,000
	Per Occurrence or its
Equivalent
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e. Owner's Protective Liability Insurance Policy, naming Kerr County, its
employees, and the architect/Engineer as insured with the following
limits:
Bodily Injury $500,000 Each Occurrence
$500,000 Aggregate
f. Builder's Risk Insurance [not required/performance bond on file]
An all risk policy, including workmanship acceptable to the Owner, in the
amount equal at all times to 100% of the Contract Sum. The policy shall be
issued in he name of the Contractor and shall name his Subcontractors as
additional insured. The builder's risk policy shall have endorsements as follow:
1. This insurance shall be specific as to coverage and not considered as
contributing insurance with any permanent insurance maintained on the
present premises. If off site storage is permitted, coverage shall include
transit and storage in an amount sufficient to protect property being
transported or stored.
2. For renovation projects and/or work, the Owner waives subrogation for
Damage by fire to existing building structure(s), if building structure(s)
Is in care, custody or control of Contractor.
3. Builder's Risk Policy shall be endorsed to include coverage for existing
building structure(s).
g. Flood insurance when specified in Supplementary General Conditions or
Special Conditions
h. Umbrella coverage when specified in Supplementary General Conditions or
Special Conditions
8.3 Policies must include the following clauses, as applicable:
a. "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until
after thirty (30) days prior written notice, or ten (10) days for non-payment of premium, has been
given to the Owner"
b. "It is agreed that the Contractor's insurance shall be deemed primary with respect to any
insurance or self insurance carried by the state agency for liability arising out of operations under
the Contract with the Owner.:
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c. "The Owner, its officials, directors, employees, representatives, and volunteers are added
as additional insured as respects operations and activities of, or on behalf of the named insured
performed under contract with the Owner." This is not applicable to the worker's compensation
policy.
d. "The worker's compensation and employer's liability policy will provide a waiver of
subrogation in favor of the Owner."
e. The worker's compensation insurance coverage must include the responsibility of the
General Contractor to provide coverage for every worker either under the general Contractor's
policy or under the policy provided by a Subcontractor. The general Contractor's policy shall
provide that, in the event that a Subcontractor's policy fails to provide worker's compensation
coverage of a worker that such insurance coverage is provided by the general Contractor's
policy. Contractor shall obtain certificates of coverage from Subcontractors carrying their own
policies, prior to any Subcontractor providing services to the Project.
f. By signing the Contract or providing or causing to be provided a certificate of coverage,
Contractor is representing to Owner that all employees of the Contractor who will provide
services on the Project will be covered by worker's compensation coverage for the duration of
the Project, that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier, or in the case of self-insured, with the Texas Worker's Compensation Commission.
Providing false or misleading information may subject Contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions.
g. If insurance policies are not written for the amount specified in 8.2, Contractor shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess
Liability Insurance is provided, it shall follow the form of primary coverage.
h. The furnishing of the above listed insurance coverage must be tendered prior to execution
of the Contract, and in no event later than ten (10) days from Notice Award. Failure to provide
the insurance in a timely fashion may result in loss of Contractor's bid bond.
i. Owner shall be entitled, upon request and without expense, to receive copies of the
policies and all endorsements as they apply to the limits set out in 7.2 above.
9 Precaution Conference: Prior to the issuance of Notice to Proceed, a conference will be
held attended by the Owner, Contractor, Architect/Engineer and Subcontractors, as appropriate,
to establish a working understanding among the parties as to the Work, schedules, procedures for
handling Shop Drawings and other submittals, processing Applications for Payment, maintaining
required records and all other matters of importance to the Project and effective communications
on Site.
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10. Indemnification of Owner: Contractor covenants and agrees to FULLY INDEMNIFY
and HOLD HARMLESS, the Owner and the elected officials, employees, officers, directors,
volunteers and representatives of the Owner, individually or collectively, from and against any
and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability and suits o any kind and nature, including but not limited to,
personal or bodily injury, death and property damage, made upon the Owner directly or
indirectly arising out of, resulting from or related to Contractor's activities under this Contract,
including any acts or omissions of Contractor, any agent, officer, director, representative,
employee, consultant or Subcontractor of Contractor, and their respective officers, agents,
employees, directors and representatives while in the exercise of performance of the rights or
duties under this Contract. The indemnity provided for in this paragraph shall not apply to any
liability resulting from the negligence of Owner, officers or employees, separate contractors or
assigned contractors, in instances where such negligence causes personal injury, death, or
property damage. IN THE EVENT CONTRACTOR AND OWNER ARE FOUND JOINTLY
LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE STATE UNDER TEXAS LAW AND WITHOUT
WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
10.1 The provisions of this Indemnification are solely for the benefit of the parties hereto and
not intended to create or grant any rights, contractual or otherwise, to any other personal or entity
10.2 Contractor shall promptly advise the Owner in writing of any claim or demand against
the Owner or Contractor known to Contractor related to or arising out of Contractor's activities
under this Contract.
11. Safety: Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the W. It shall be the duty and responsibility
of the Contractor and all of its Subcontractors to be familiar and comply with all requirements of
Public Law 91-596, 29 U.S.C. §§ 651 et. Seq., the Occupational Safety and Health Act of 1970,
(OSHA) and all amendments thereto, and to enforce and comply with all of the Act. Contractor
shall comply with all applicable laws and regulations of any public body having jurisdiction for
safety of persons or property to protect them from damage, injury or loss and shall erect and
maintain all necessary safeguards for security and protection.
12. Contractor shall notify owners of adjacent property and of underground facilities and
utility owners when prosecution of the Work may affect them or their facilities, and shall
cooperate with them in the protection, removal, relocation and replacement of their facilities
ad/or utilities.
12.1 In any emergency affecting the safety of persons or property, the Contractor shall act
reasonably to prevent threatened damage, injury or loss. Contractor shall give the ODR and
Architect/Engineer prompt notice if Contractor believes that any significant changes in the Work
or variations from Contract Documents have been caused by its emergency response or any
additional compensation or extension of time claimed by the Contractor.
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12.2 Authorized agents of Contractor shall respond immediately to call out at any time of day
or night when circumstances warrant the presence of Contractor to protect the Work or adjacent
property from damage, restriction or limitation or to take such action pertaining to the Work as
may be necessary to provide for the safety of the public. Should Contractor fail to respond,
Owner is Owner may deduct any cost of remedial action from the funds due the Contractor under
the Contract.
13. Environmental Safety Control: Upon encountering any previously unknown potentially
hazardous waste material, or other materials potentially contaminated by hazardous waste, the
Contractor shall immediately stop in and secure the affected area, and notify the ODR. All
subcontracts shall expressly bind subcontractors to the same duty. On receiving such notice, the
ODR shall promptly engage qualified experts to make such investigations and conduct such tests
as may be reasonably necessary to determine the existence or extent of any environmental
hazard. As soon as possible upon completion of this investigation, the ODR shall issue a written
report to the Contractor identifying the material or materials found and indicating any necessary
steps to be taken to treat, handle, transport or dispose of the material. The Owner may hire third-
party contractors to perform any or all such steps. Should compliance with the ODR's
instructions result in an increase in the Contractor's cost of performance, or delay the Work, an
adjustment in the contract price or time may be claimed by the Contractor through a change
order as described on page 21. The Contractor shall fully indemnify, save and hold harmless the
Owner of and from any costs, losses, damages or liabilities resulting from its failure, or the
failure of its subcontractors, to comply strictly with these provisions.
14 Routine Testing: If the Contract Documents, laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction require any work to be inspected, tested or approved,
the Contractor shall give the Owner and the Architect/ Engineer timely notice of its readiness
and of the date arranged so the Architect/Engineer may observe such inspection, testing or
approval. Should the material or work fail to comply with the requirements of the Contract
Documents, the Contractor shall bear all costs of the testing, inspection, or approval as well as
the cost of replacement of unsatisfactory material. The costs of routine testing shall be borne by
the Owner.
14.1 Materials incorporated into the Project will be subject to routine tests as required to
insure their compliance with the specifications. Materials to be tested include, but are not limited
to, the following"
a. Concrete- Primary mix design, slump tests and cylinder compression tests.
b. Steel- Tensile tests
c. Welds- Field Inspection and X-ray equipment.
d. Soils- Subsoil investigation, physical analysis and compaction tests.
e. Pavement- Physical analysis and compaction tests.
£ Roofing- Samples cut from in-place roof
Any other basic materials for which standard laboratory test procedures have been established
may also be included if doubt as to their quality should arise. Any testing, as described, will be
11
done at the discretion of the Owner who will bear all costs. The Contractor shall be held
responsible for providing samples of failure, of the failure of its subcontractors, to comply
strictly with these.
14.2 Should any of the routine tests indicate that a material does not comply with the job
requirements, the burden of proof of compliance shall be with the Contractor, subject to the
following conditions:
a. Contractor may select the laboratory for further testing, but selection must be approved
by the Owner
b. Quality and nature of tests will be determined by the Owner.
c. All tests shall be taken in the presence of the Owner or ODR.
d. If tests prove that the material complies with specifications, the laboratory fees will be
paid by the Owner. If noncompliance is proved, laboratory fees will be paid by the
Contractor.
e. Proof of non compliance will make the Contractor liable for any corrective action which
the Owner feels is prudent, including complete removal and replacement of defective
material.
14.3.1 All subsequent tests on original or replaced materials conducted as a result of prior failure
will be paid by the Contractor.
14. Contractor's Submittals: The Contractor shall submit, with reasonable promptness
consistent with the Project Schedule and in orderly sequence, all Shop Drawings, Samples o
other information required by the Contract Documents, or subsequently required by the
Architect/Engineer and/or ODR as governed by Change Orders. The Contractor shall review
each submittal for compliance with Contract Documents and shall certify that it has done so by
stamp, or otherwise, affixed to each copy thereof. Submittal data presented without such the
Contractor certification will be returned without review or other comment, and any delay
resulting there from will be the Contractor's responsibility.
15. Schedule of Values: Within twenty (20) days of Notice to Proceed under the Contract, the
Contractor shall submit to the ODR and the Architect/Engineer for approval a Schedule of
Values, accurately itemizing material and labor for the various classifications of Work. The
approved Schedule of Values will be used as the basis for the progress payments under the
Contract.
15.1 Pro reg ss Pam: Periodic progress payments will be made to the Contractor for Work
performed, and materials in place or suitably stored and protected on sites or as otherwise agreed
to by the Owner and the Contractor. Payments shall not become due until receipt by the ODR or
his designee of a correct and complete Pay Application, certified by the Architect/Engineer
pursuant to this article.
15.2 Preliminary Pay Worksheet: Each month, the Contractor shall submit to the
Architect/Engineer and the ODR a complete, clean copy of a Preliminary Pay Worksheet, which
shall attach the following:
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1) The Contractor's estimate of the amount of Work performed, labor furnished and
materials incorporated into the Work, using the approved Schedule of Values; and may
require;
2) A schedule update, HUB Subcontracting Plan Reports, and such additional
documentation as Owner may require.
16.3 Contractor's Periodic Invoice: As soon as practicable, but in no event no later than seven
days after receipt of the preliminary Pay Worksheet from the Contractor, the
Architect/Engineer and ODR shall meet with the Contractor to review the Preliminary
Pay Worksheet and to observe the condition of the Work. On the basis of this review, the
ODR and the A/E may require modifications to the Preliminary Pay Worksheet prior to
the submittal of a Periodic Invoice and within seven (7) days after the periodic review
meeting, the Contractor shall submit a revised pay application reflecting all required
modifications to the invoice. The A/E shall within five (5) days after receipt of the
Contractors Periodic Invoice, review and approve (and/or reject) Contractors periodic
invoice based on completeness, and in accordance with the contract documents. The
Contractor shall attach all additional documentation required by the ODR and AE, as well
as his affidavit swearing or affirming that all payrolls, bills for labor, materials,
equipment, sub contracted work or other indebtedness connected with the Contractor's
Periodic Invoice have been paid or will be paid within the time specified in Chapter 2251,
Government Code. Failure to provide all documentation for payment processing, with
the periodic invoice, will cause the payment not be processed and the documents to be
returned to the Contractor.
16.5 Owner's Dut,, t~~ The Owner shall have no duty to pay the Contractor except on
receipt by the ODR of (1) a complete Periodic Invoice certified by the AE or (2) receipt
by the ODR of a complete Periodic Invoice accompanied by the Contractor's affidavit
certifying he failure of the AE to timely certify a complete Periodic Invoice.
16.6 Retainage: Retainage shall be withheld in the amount of 10% of the total amount earned
to date for projects with a contract amount up to and including $400,000 and in the
amount of 5% of the total amount earned to date for projects with a contract amount
exceeding $400,000
16.7 Retainage so withheld shall be managed in conformance with Subchapter B, Chapter
2252, Texas Government code.
16.8 Reduction to Cover Loss: The Owner may reduce any Periodic Invoice prior to payment
to the extent necessary to protect the Owner from loss on account of actions of the
Contractor, including, but not limited to:
a. Defective work not remedied;
b. Damage to work of a separate contractor;
c. Failure to maintain scheduled progress;
d. Failure to comply with the requirements of Texas Government Code Chapter 2258
(Prevailing Wage Law); or
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For Contracts with a value of less than $25,000 for which no payment bond is posted,
receipt of written notice by the Owner of unpaid bills, filed in conformance with §
53.232, Texas Property Code. Any funds so withheld shall be released to the Contractor
if he furnishes a bond for release of lien.
16.9 Title to all material and Work covered by progress payments transfers to he Owner upon
payment. Transfer of title to Owner does not relieve the Contractor of the sole
responsibility for the care and protection of materials and work upon which payments
have been made, or the restoration of any damaged work, or waive the right of the Owner
to require the fulfillment of all the terms of the Contract.
16.10 Progress payments to the Contractor shall not release the Contractor or his surety from
any obligations under this Contract.
17 Owner Quality Assurance: The Owner will make periodic visits to the site to familiarize
itself with the progress and quality of the Work, conduct inspections and tests and to
determine if the Work is proceeding in accordance with the Contract Documents. The
Contractor shall provide sufficient, safe and proper facilities at all reasonable times for
observation and/or inspection of the Work by the Authorized representative of the
Owner.
17.1 The Contractor shall not cover up any work with finishing materials or other building
components prior to an inspection of the work by the Owner. Should corrections of the
work be required for approval, cover up shall be delayed until another inspection can be
made and approval is indicated. Provided 48 hours for request for cover-up
18. Substantial Completion Inspection(s): When the Contractor considers the entire Work
Substantially Complete, the Contractor shall so notify the ODR and the
Architect/Engineer in writing that the Work will e ready for Substantial Completion
Inspection on a date certain. The Contractor shall include with this notice a list of items
to be completed or corrected prior to final inspection. On the date indicated by the
Contractor, or as soon thereafter as is practicable, the ODR, the Architect/Engineer, and
the Contractor shall inspect the work and if the Architect/Engineer determines that the
Work is Substantially Complete a Certificate of Substantial Completion shall be issued to
the IDR and Contractor, fixing the date of Substantial Completion. The Architect/
Engineer shall submit with this certificate a list of items to be completed prior to final
inspection (the Pre-Final Punchlist). This list may include additional items not included
on the Contractor's list, which are deemed necessary by the Architect/Engineer or by the
Owner to correct or complete prior to Final Inspection.
18.1 Pre-Final Punch List: The Contractor shall complete all outstanding items identified in
the substantial completion (pre-final Punchlist). Upon completion of all items Contractor
shall notify AB and owner within 48 hours notice to review work associated with apre-
final Punchlist. All work must be completed according to the contract documents. Final
Completion shall be a condition precedent to the right to receive Final Payment.
14
18.3 Requests for Final Payment: Within Thirty (30) days following the date of Final
Completion certified by the Architect/Engineer, the Contractor shall submit a certified
Application for Final Payment, including all sums held as Retainage, to the
Architect/Engineer for his review and approval.
18.2 Final Payment Documentation: The Contractor shall submit, prior to or with the
Application for Final Payment, all close out documents, including maintenance and
operating instructions, guarantees and warranties, certificates, record documents and all
other items required by the Contracts Documents. The Contractor shall also submit an
affidavit that all payrolls, bills for materials and equipment, subcontracted work an other
indebtedness connected with the Work, except as specifically noted, have been paid or
will be pad or will be paid or otherwise satisfied within the period of time required by
Chapter 2251, Texas Government Code. If required by the Owner, the Contractor shall
furnish documentation establishing payment or satisfaction of all such obligations, such
as receipts, releases and waivers of claims arising out of the Contract, to the extent and in
such forms as may be designated by the Owner. The Owner is entitled to rely upon this
affidavit; the Contractor may not submit a claim on behalf of a subcontractor or vendor if
that claim has not been noted as an exception in the affidavit.
18.3 Architect/Engineer Approval: Within Ten (10) days after submission of final payment by
the Contractor, the A/E shall review for completeness the Contractors Final Payment, in
accordance with 18.3 above.
18.5 Offsets and Deductions: The Owner may deduct from the Final Payment all sums due
from the contractor for any reason, and as Liquidated Damages. If the Certificate of
Final Completion notes any Work remaining incomplete or defects not remedied, the
Owner may deduct the reasonable cost of remedying such deficiencies from the Final
Payment. If such deduction are made, the Owner shall identify each deduction made and
the reason therefore, and furnish the Contractor with an Explanation of the deduction and
the amount deducted on or by the 21St day after Owner's receipt of an approved or
deemed approved Application for Final Payment.
18.6 Final Payment Due: Final Payment shall become due and payable by Owner, subject to
all allowable offsets and deductions, on the 31St day next following the receipt of the
approved or deemed approved Application for Final Payment. If the Contractor disputes
any amount deducted by the Owner, the Contractor shall give notice of the dispute on or
before the thirteenth day next following receipt of Final Payment; failure to do so will bar
any subsequent claim for payment of amounts deducted.
18.7 Effect of Final Pam Final Payment shall constitute a waiver of all claims by the
Owner relating to the condition of the Work except those arising from (1) faulty r
defective Work appearing after Substantial Completion (latent defects); (2) failure of the
Work to comply with the requirements of the Contract Documents; (3) terms of any
special warranties required by the Contract Documents, and (4) claims arising from
personal injury or property damage to third parties. Final payment shall constitute a
waiver of all claims by the Contractor except those specifically enumerated at the time of
15
Final Payment. Provided, however, that the Contract shall not be deemed fully
performed and closed until the expiration of all periods provided under the Contract shall
not be deemed fully performed and closed until the expiration of all periods provided
under the Contract Documents for the Contractor to submit a claim or protest a ULCO.
19 Contractor's General Warranty and Guarantee Contractor warrants to the Owner that all
Work shall be executed in accordance with the Contract Documents, complete in all parts
and in accordance with approved practices and customs, and of the best finish and
workmanship. Unless otherwise specified, all materials and equipment incorporated in
the Work under the Contract shall be new. The Owner may, at this option, agree in
writing to waive any failure of Work to conform to the Contract Documents, and accept a
reduction in the Contract Price for the cost of repair or diminution in value of the Work
by reason of such defect. Absent such a written agreement, however, the Contractor's
obligation to perform and complete the Work in accordance with the Contract Documents
shall be absolute and is not waived by any inspection or observation by the Owner,
Architect/Engineer or others, by making any progress payment or final payment by the
use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any
repair or correction of such defect made by the Owner.
19.1 Warranty Period Except as otherwise specified, the Contractor shall repair all defects in
materials, equipment or workmanship appearing within one year from the date of
Substantial Completion of the Work as a whole. Upon receipt of written notice from to
Owner of the discovery of any defects, the Contractor shall promptly and at its own cost
remedy the defects and replace any property damaged therefrom. In case of emergency
where delay would cause serious risk of loss or damage to the Owner, or if the
Contractor, after notice, fails to proceed promptly and remedy within 30 days or within
another period of time which has been agreed to in writing, in compliance with the terms
of the warranty and guarantee, the Owner may have the defects corrected and the
Contractor and his surety shall be liable for all expenses incurred.
20 Site Visit The Contractor is responsible for having visited the Site and having ascertained
pertinent local conditions such as location, accessibility, and general character of the Site
or building; the character and extent of existing Work within and adjacent to the Site, and
any other Work being performed thereon at the time of the submission of its proposal.
Any failure to do so will not relieve it from responsibility for successfully performing the
Work without additional expense to the Owner.
20.1 Concealed Site Conditions If, in the performance of the Contract, subsurface, latent or
concealed conditions at the Site are found to be materially different from the information
included in the bid documents, or if unknown conditions of an unusual nature are
discovered differing materially from the conditions usually inherent in Work of the
character shown and specified, the Owner shall be notified in writing of such conditions
before proceeding with the Work. If necessary, the Owner shall develop a solution and
provide it to the Contractor. If the solution prompts changes to the Contract Amount
and/or Time, the Contract shall be adjusted.
16
21 Minor Changes The Architect/Engineer, with concurrence of the Owner, will have
authority to order minor changes in the Work not involving and adjustment in the
Contract Sum or an extension of the Contract Time. Such changes shall be effected by
written order, which the Contractor shall carry out promptly.
21.1 Administration: All changes in the Contract shall be administered in accordance with
procedures approved by the Owner.
21.2 Routine changes All Changes must be done as requested by the A/E and as approved in
writing by the Owner. The Contractor is to provide detailed breakdown of all pricing for
each change, with all supportive backup documentation. Except for emergency
conditions defined below, approval of the Contractor's cost proposal by the
Architect/Engineer, Using Agency and Owner will be required for an authorization to
proceed with the Work being changed. The Owner will not be responsible for the cost of
work changed without prior approval and the Contractor may be required to remover
work so installed.
21.3 Emergency changes: To save lives or property Emergency Changes may be initiated by
he Contractor alone with the claimed cost of such work to be fully documented as to
necessity and detail of the reported costs.
21.4 Allowable Overhead and Profit Costs: The amounts that the Contractor or his
Subcontractors add to a Change Order for profit and overhead will also be considered by
the Owner before approval is given. The amounts established hereinafter are the
maximums that are acceptable to the Owner without a full and complete justification
acceptable to the Owner.
1. For work performed by his forced, the Contractor will be allowed the actual amount for
materials, the total amount of wages paid for labor, and the total cost of Federal Old Age
Benefit (Social Security Tax) and of Worker's Compensation and Comprehensive
General Liability Insurance, plus Bond cost if the size of the change warrants revision of
the Bonds. To the total of the above costs, the Contract will be allowed to add a
percentage as noted below to cover overhead and profit combined. Overhead shall be
considered to include insurance other than mentioned above, field (superintendent etch
and office supervisors and assistants, use of small tools, incidental job burdens and
general Home Office expenses, and no separate allowance will be made therefore.
Allowable percentages for overhead and profit on changes will not exceed 15% on the
first $10,000.00, 10% on the next $10,000.0 and 7-1/2% on the balance over $20,000.00,
for any specific Change Order.
2. For subcontracted work the Subcontractor shall figure his costs, overhead and profit as
described above for the Contractor's work and to tat total costs the Contractor will be
allowed to add a maximum ofl0% on the first $10,000.00, 7-1/2% on the next
$10,000.00 and 5% on the balance over $20,000.00.
17
3. For small Change Orders, the allowance to the Contractor for profit and overhead for
work done by his own forces or by Subcontractors will be a minimum of $50.00.
4. On changes involving both additions and deletions, percentages or overhead and profit
will be allowed only on the net addition.
5. The owner does not accept and will not pay for additional contract cost detailed by
accounting records under the title of "Extended Overhead" or "Cost Damages caused by
Delays".
6. The owner reserves the right of ownership of any time identified as "Float Time", where
such time is the time between the contractor's scheduled completion and the date of
completion as stipulated in the contract award. The owner reserves the right or
ownership of this time, without sacrificing the choice to determine that the work of the
contract has been completed prior to the stipulated contract time in the awarded contract,
thereby allowing work completion which may result in the possible use and benefit by the
owner prior to the scheduled completion date.
22. Contract time. The Contract Time will be measured from the date designated in the
Notice to Proceed to the date specified for completion by the Contract Documents,
including any modification by Change Order. Unless otherwise specified in the Special
Conditions or elsewhere in the Contract Documents, the date of Contract Completion
shall be the date on which the Work is certified as Substantially Complete.
22.1 Work Progress Schedule. The Contractor shall submit in duplicate to the Owner and
the Architect/Engineer, for review and acceptance, a proposed Progress Schedule for
the Work. The Progress Schedule shall show a schedule in a logical sequence that
shows all work activities in detail as approved by the A/E and the Owner. If required
by the Special Conditions, the Contractor shall also submit a separate Submittal
Schedule, correlated with he Progress Schedule that shows the dates the Contractor
intends to make the required submittals.
22.2 Schedule Requirements. The Progress Schedule should be accurate and reliable
representations of the progress of the Work to date, and of the Contractor's actual plans
for its completion. The Progress Schedules shall be capable of measuring and
forecasting the effect of delaying events on completed and uncompleted activities.
Submittal of a schedule, schedule revision or schedule update constitutes the
Contractor's representation to the Owner and architect/Engineer that the Contractor will
follow the schedule as submitted in performing all Work as yet not completed, and that
all progress to date shown on the schedule is accurately depicted.
22.3 Schedule Updates. The Progress Schedule and Submittal Schedule (if required) shall
be updated periodically to reflect progress to date, and current plans for completing the
Work. The form and contents of the updates, and the required update interval, shall be
as specified in the Special Conditions. The updated Progress Schedule shall be
submitted to the Owner, and the Architect/Engineer for acceptance, and the Owner
18
shall have no duty to make progress payments until the updated Progress Schedule has
been timely submitted. The Contractor shall show the anticipated date of completion
reflecting all extensions of time granted as of the date of the update. The Contractor
may revise the Progress Schedule at any time when in the Contractor's judgment it
becomes necessary for the management of the Work. The Contractor shall submit any
schedule revision to Owner and AE for acceptance before it is implemented.
22.4 Effect of Schedule Submittal. Submittal of the Progress Schedule, and successive
updates or revisions, is for the information of the Owner and ArchitectBngineer, and to
permit the coordination of their activities with those of the Contractor. Owner and AE
shall accept or reject the submittal of a schedule within the same period allowed for
review of other submittals. Acceptance of a schedule, schedule update or revision
constitutes the Owner's agreement to coordinate their own activities with the
Contractor's activities as shown on the schedule. Acceptance of a Progress Schedule,
update or revision does not indicate the approval of the Contractor's proposed
sequences and duration. Acceptance of a Progress Schedule update or revision
indicating late completion does not constitute the Owners' consent to a late finish, or
waive either the Contractor's responsibility for timely completion or the Owner's right
to damages for the Contractor's failure to do so.
22.5 Ownership of Float. Float time contained in the Progress Schedule is not for the
exclusive benefit of the Contractor or the Owner, but may be consumed by either as
needed.
23. Time Extension Requests. If the Contractor believes that the completion of the Work has
been delayed by a circumstance designated as excusable, other than inclement weather,
the shall give the Owner written notice, stating the nature of the delay and the activities
potentially affected, within 30 calendar days after the onset of the event or circumstance
giving rise to the excusable delay. Such claims should be accompanied by sufficient
written evidence to document the delay. IN the case of a continuing cause of delay, only
one claim is necessary. Claims for extensions of time shall be stated in numbers of whole
or half calendar days Claims for the cost of Excusable Compensable Delays shall be
submitted in writing within 90 calendar days after the cessation of the cause of the delay.
The Contractor and Owner recognize and agree that it is beneficial to each to identify
delays and make necessary schedule adjustments promptly, and that a Progress Schedule
prepared and updated by the Contractor provides an effective tool for measuring and
tracking the impact of delays. Therefore, it is agreed that no extension of time will be
granted unless the required notice is submitted timely, and with sufficient documentation.
23.1 Contents of Time Extension Requests. Each Time Extension Request shall be
accompanied by a quantitative demonstration of the impact of the delay on project
completion time, based on the current Progress Schedule. No time extensions shall be
granted for delays that do not affect the Project completion time.
23.2 Owner's Response. The Owner shall respond to the Time Extension Request by
providing to the Contractor written notice of the number of days granted, and giving its
19
reason if this number differs from the number of days requested by the Contractor.
Such an Extension of Time is effective on the date the Owner's notice is received by
the Contractor, but a Change Order reflecting the Extension of Time shall be executed
by the parties. The Owner will respond to each properly submitted Time Extension
Request within 15 calendar days following its submittal; if the Owner cannot
reasonably make a determination about the Contractor's entitlement to a time extension
within that time, the Owner shall so notify the Contractor in writing. Upon written
agreement with the Contractor, the Owner shall then have not more than 30 additional
calendar days to prepare a final response.
24. Failure to Complete Work within the Contract Time. Time is of the essence of this
Contract. The Contractor's failure to complete the Work within the Contract Time will
cause damage to the Owner. These damages shall be liquidated by agreement of the
Contractor and the Owner, as set forth in the Special Conditions.
24.1 Collection of Liquidated Damages• The Owner may collect Liquidated Damages due
from the Contractor directly or indirectly by reducing the contract sum in the amount of
Liquidated Damages state in the Special Conditions and the Contract.
25. Terminations by Owner for Cause. The Owner may, without prejudice to any right or
remedy terminate the employment of the Contractor and take possession of the site and
of all materials, equipment, tools, construction equipment and machinery thereon
owned by the Contractor, under the following circumstances:
a. Persistent or repeated failure or refusal, except during complete or partial suspensions
of work authorized under the Contract Documents, to supply enough properly skilled
workmen or proper materials;
b. Persistent disregard of laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction;
c. Persistent failure to prosecute the work in accordance with the Contract Documents,
and to insure its completion within the time, or any extension thereof, specified in this
contract;
d. Failure to remedy defective work condemned by the ODR;
e. Failure to pay subcontractors, laborers, material men and suppliers pursuant to Texas
Government Code Chapter 2251;
f. Persistent endangerment, by the Contractor or its Subcontractors or other vendors, of
the safety of labor or of the Work itself;
g. Failure to supply or maintain statutory bonds, or the supply or maintain Required
insurance; or
h. Any other material breach of the Contract.
The owner reserves the right to terminate at any time for any of the above listed causes.
Failure to exercise the right to terminate in any instance or for any proper reason shall not be
construed as a waiver of the right to do so in any other instance or for any other proper
reason.
20
The ODR shall give the Contractor and its Surety thirty day's prior written notice of its intent
to terminate for any of the above reasons. If the Contractor or the Surety demonstrates to the
satisfaction of the Owner, that the condition or conditions upon which the notice of
termination is based have been removed, corrected, or will not recur, then the Owner shall
rescind the notice and the Contract shall continue unmodified, and the Contractor shall not be
entitled an extension of time.
25.1 Completion of Work after Termination; Should the contractor or the surety fail to so
demonstrate within thirty days following receipt of such notice, or fail to satisfy the
Owner that the condition or conditions upon which the notice of termination is based
have been removed, corrected, or will not recur, the Owner may arrange for completion
of the Work and deduct the cost thereof from the unpaid Contract sum remaining,
including the cost of additional Architect/Engineer services made necessary by such
default or neglect, in which event no further payment shall then be made by the Owner
until all costs of completing the Work shall have been paid. If the unpaid balance of
the Contract Sum exceeds the costs of finishing the Work, including compensation for
the Architect/Engineer's additional services made necessary thereby, such excess shall
be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or his
surety shall pay the difference to the Owner. This obligation for payment shall survive
the termination of the Contract. The Owner reserves the right, where the Contract is
terminated for cause, to take assignment of any and all contracts between the
Contractor and its Subcontractors, vendors and suppliers, and the ODR shall promptly
notify the Contractor of the contracts the Owner elects to assume. Upon receipt of such
notice, the Contractor shall promptly take all steps necessary to effect such assignment.
25.2 Termination for Convenience of Owner. The Owner reserves the right, without breach,
to terminate the Contract prior to, or during the performance of the Work, for
unforeseen causes not limited to court orders, loss of funding, acts of the federal
government to discontinue the work, etc., that may occur and render the Owner's
continued performance of the Contract impossible or illegal. Upon such an occurrence,
the following procedures will be adhered to:
a. The Owner will immediately notify the Architect/Engineer and the Contractor in writing,
specifying the reason for and the effective date of contract termination. Such notice shall
also contain any instructions necessary for the protection, storage or decommissioning of
incomplete work or systems, and for safety.
b. After receipt of the notice of termination, the Contractor shall immediately proceed with
the following obligations, regardless of any delay in determining or adjusting any
amounts due at that point in the Contract.
a. Stop all work.
b. Place no further subcontracts or orders for materials or services.
c. Terminate all subcontracts
d. Cancel all materials and equipment orders as applicable.
e. Take action that is necessary to protect and preserve all property related to this
Contract which is in the possession of the Contractor.
21
c. When the Contract is terminated for the Owner's convenience, the Contractor may
recover from the Owner payment for all Work executed, including any additional work
required pursuant to the notice of termination, and for any provable loss and reasonable
expenses attributable to the Work resulting from such termination.
25.3 Termination by Contractor. If the Work is stopped for a period of ninety (90) days
under an order of any court or other public authority having jurisdiction, or as a result
of an act of government, such as a declaration of a national emergency making
materials unavailable, through no act or fault of the Contractor or a Subcontractor or
their agents or employees or any other persons performing any of the Work under a
contract with the Contractor, then the Contractor may, upon thirty (30) additional days'
written notice to the ODR, terminate the Contract and recover from the Owner payment
for all Work executed and for any provable loss and reasonable expenses attributable to
the Work resulting from such termination. If the cause of the work stoppage is removed
prior tog the end of the thirty (30) day notice period, the Contractor may not terminate
the Contract.
25.4. Settlement on Termination. When the Contract is terminated for any reason, the
Contractor shall, at any time prior to 180 days of the effective date of termination,
submit a final termination settlement proposal to the Owner based upon recoverable
costs. If the Contractor fails to submit the proposal within the time allowed, the Owner
may determine the amount due to the Contractor because of the termination and shall
pay the determined amount to the Contractor.
26. Dispute Resolution: The dispute resolution process provided for through the Hill
Country Alternative Dispute Resolution Center shall be used by the Owner and
Contractor to attempt to resolve any claim for breach of contract made by the
Contractor prior to filing litigation.
26.1 Neither the occurrence of an event nor the pendency of a claim constitutes grounds for
the suspension of performance by the Contractor, in whole or in part.
27. Severability. If any provision, sentence, clause or article of this Contract is found to be
invalid or unenforceable for any reason, the remaining provisions shall continue in
effect as is the invalid or unenforceable provision were not in the Contract. All
provisions, sentences, clauses and articles of this Contract are severable for this
purpose.
28. Parties Bound. Execution of this Contract by each party binds the entity represented as
well as its employees, agents, successors and assigns to its faithful performance.
29. No waiver of Sovereign Immunity. Nothing herein shall be construed as a waiver of the
state's sovereign immunity.
30. Written Notice. Written notice shall be considered to have been duly given if the
document is delivered in person to the individual or member of the firm or to an officer
of the corporation for whom it is intended, if delivered at or sent by registered or
22
certified mail to the last business address known to one who gives the notice, or
transmitted by fax machine, with a receipt retained to prove delivery. Notice is deemed
effective when given rather than when received.
Project ID.:
23
CONSTRUCTION PAYMENT AFFIDAVIT
State of Texas
County of Kerr
The Undersigned, being duly sworn and having personal knowledge of the matters set forth herein,
deposes and say under oath:
1. That he or she
(Name)
Of
(firm/Corp./Partnership, Etc.)
2. That
(Name)
pursuant to a contract, identified as:
is the contractor of a construction project
(Project No. and Title of Contract)
("Contract" herein) in which the County of Kerr is defined as the Owner.
3. The Contractor has performed work and labor or furnished materials for use in the construction
project defined by the Contract.
4. All payments by the Contractor to is Subcontractors and Material men for work, labor, materials,
machinery and equipment furnished to it by said Subcontractors and Material men are timely made or
shall be made within the meaning of an in accordance with the requirements of the Uniform General
Conditions applicable to the contract and Contractor knows of no other person or entity having a right
to assert any lien on account of materials or labor furnished to it for construction pursuant to the
Contract.
Signature
Title
Sworn and subscribed to before me the undersigned authority on this the day of
20
Notary Public State of Texas County of
My Commission Expires:
is
(Title)
24
#31416
SHEET 1 OF 1 SHEETS
CHANGE ORDER #2
Contractor: Wildwood Designs
Project: Window Renovation Project for
Kerr County Courthouse
Address: 700 Main Street, Kerrville Texas
Location: Original portion of Courthouse Contract:
In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions.
In addition to original contract the following to the work is to be added:
All windows to be factory finished at an additional cost of 14895.00
Credit for finishing windows on site included in original bid <8650.00>
Total cost for change order #2 - 6245.00
CHANGE IN CONTRACT TIME
Due to this change the Contract Time:
a. Is increased ( ) by Working Days
Is decreased ( ) by Working Days
Is increased () by Calendar Days
Is decreased () by Calendar Days
b. Is not changed (x )
c. May be revised if the work affected
the controlling operation ( )
Issued By:
Date
Approve ~ p
Pat Tin ety O+'L~~
Accepted By: ,~ - ~-~- r~ • 2a-v%
Contractor's Authorized Representative Date
Original to Project Engineer; copies to Contractor, Construction & Innovative Contracting, and Materials Office
#31416
SHEET 1 OF 1 SHEETS
CHANGE ORDER #1
Contractor: Wildwood Designs
Project: Window Renovation Project for
Kerr County Courthouse
Address: 700 Main Street, Kerrville Texas
Location: Original portion of Courthouse Contract:
In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions.
Alternate one of bid for Window Renovation Project for Kerr County Courthouse is void and original bid is
accepted as proposed with the following addition:
Provide and install two new clad doors with jambs, hinges and threshold to match as close as possible to the
existing door units at a cost of 3170.00 each.
On site mortise for existing lock sets at a cost of 185.00 each.
Credit for one oak door included in original bid of <1980.00>
Doors to be factory finished as approved by Kerr County.
Reuse existing lock sets and closers.
Match existing Dentil and exterior moldings.
Reuse existing interior moldings.
Totals Costs for Change Order #1 - $4730.00
CHANGE IN CONTRACT TIME
Due to this change the Contract Time:
a. Is increased ( ) by Working Days
Is decreased ( ) by Working Days
Is increased () by Calendar Days
Is decreased () by Calendar Days
b. Is not changed (x )
c. May be revised if the work affected
the controlling operation ( )
Issued By:
Approved
Date
Pay ate y'_Z~-D~~ -
Accepted By: 8-2'~-~
Contractor's Authorized Representative Date
Original to Project Engineer; copies to Contractor, Construction & Innovative Contracting, and Materials Office
^ WINDOWS & DOORS ^