CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
AISD JOC RFP NO. __________
JOB ORDER CONTRACT
This Job Order Contract (this “Agreement”) is
between the Owner:
Austin Independent School District
1111 West 6th Street
Austin, Texas 78703-5399
and the Contractor:
_______________________________
________________________________
________________________________
for the maintenance, repair, alteration, renovation, remediation and minor construction of
facilities for Owner (each, a “Project”).
W I T N E S S E T H:
Article 1. Job Order Contracting Arrangement.
1.1
This Agreement is for the provision of specified job order contracting services to
be performed on a non-exclusive, indefinite quantity basis as requested by Owner from time to
time pursuant to an individual task order for each Project (each, a “Task Order”). Unless
otherwise specified in a specific Task Order, Task Orders generally will not include design
services and where design services are necessary, Owner will provide them under separate
contract. There will be a separate Task Order for each Project that will describe the specific work
(the “Work”) to be provided by Contractor for that Project. It is anticipated that there will be
multiple Projects and therefore multiple Task Orders under this Agreement.
1.2
The amount to be paid by the Owner for the Project under each Task Order is the
contract amount (“Contract Amount”) for the Task Order, which shall be computed based on the
Pricing Schedule set forth on Exhibit A attached hereto and made a part hereof. The total of all
Task Orders under this Agreement shall not exceed the aggregate amount of $______________.
Subject to the preceding sentence, there is no limit on the number of Task Orders that Owner
may issue to Contractor during the term of this Agreement. Contractor may not refuse any Task
Order under this Agreement properly issued by Owner, unless Contractor legitimately claims in
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CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
writing within 2 business days of receipt of such Task Order that the scope of Work is poorly
defined.
1.3
Owner shall have the right to perform work of the types included in this
Agreement itself or to have other contractors perform such work. This Agreement does not
obligate or require Owner to offer any Task Order to Contractor, and no contract in relation to
any specific Work shall have been entered into until a Task Order for such Work has been fully
executed by Owner and Contractor.
1.4
Contractor shall furnish all materials, supplies, labor, services and equipment
required for the Work described in each Task Order issued under this Agreement and executed
by Contractor and Owner.
1.5
When Work for a proposed specific Project is requested by Owner and prior to
Owner’s issuance of a Task Order, Contractor will provide to Owner a Task Order proposal
(“Task Order Proposal”) in accordance with the Pricing Schedule set forth in Exhibit A attached
hereto. In connection with each Task Order Proposal, Contractor must submit (i) a completed
Subcontractor/Supplier Disclosure Form (such form to be provided by Owner) (each a
“Subcontractor/Supplier Disclosure Form”) for the Project described in the Task Order Proposal
and (ii) a completed Subcontractor/Supplier Disclosure Statement (such form to be provided by
Owner) (each a “Subcontractor/Supplier Disclosure Statement”) for the Project described in the
Task Order Proposal. If Owner approves the Task Order Proposal, Owner will issue a Task
Order for the Project to the Contractor.
1.6
Upon Contractor’s receipt of a Task Order issued by Owner under this
Agreement, Contractor shall have a period of five (5) days to execute and deliver to Owner (i)
the Task Order, (ii) a completed Subcontractor/Supplier Disclosure Form for the Project
described in the Task Order, and (iii) a completed Subcontractor/Supplier Disclosure Statement
for the Project described in the Task Order.
Article 2. Contract Documents. This Agreement includes Owner’s General Conditions
of the Contract for Construction, which is incorporated herein for all purposes, the Contract
Documents as defined therein, and the Task Order for each individual Project, each of which is
incorporated herein for all purposes. Capitalized terms used but not otherwise defined in this
Agreement shall have the same meanings as designated in the General Conditions. In the event
of a conflict between a specific Task Order, this Agreement and/or the General Conditions, the
specific Task Order and then this Agreement shall control.
Article 3. Contract Term; Contract Time.
3.1
The initial term of this Agreement shall commence on the Effective Date (defined
below) and shall terminate __________ years thereafter [cannot exceed 2 years]. The
Agreement may be renewed annually by Owner, at Owner’s sole discretion, for not more than
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CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
three (3) additional years by written notice from Owner to Contractor at least thirty (30) days
prior to the expiration of the then current term.
3.2
Contractor will commence the Work described in each Task Order within 10 days
after the date specified in the Notice to Proceed issued by Owner in connection with each Task
Order (such date specified in the Notice to Proceed called the “Commencement Date”) and will
substantially complete the Work on the date established in each Task Order (each, the
“Substantial Completion Date”). Contractor will finally complete the Work no later than 30
days thereafter, unless a different time for Final Completion is specified in the specific Task
Order or by Architect/Engineer in the Certificate of Substantial Completion.
3.3
For each Task Order executed by Owner and Contractor, Contractor shall not
commence the Work until Contractor has provided Owner with (i) a Certificate of Insurance
showing that the required insurance coverage is in place, (ii) the required Payment and
Performance Bonds, if required, (iii) Contractor’s safety plan submitted in connection with the
execution of this Agreement and the safety plan specific to the Project described in each Task
Order, if submission is required by the Task Order, and (iv) the completed
Subcontractor/Supplier Disclosure Form and Subcontractor/Supplier Disclosure Statement, and
Owner has approved the insurance, bonds, safety plan(s) and completed Subcontractor/Supplier
Disclosure Form and Subcontractor/Supplier Disclosure Statement. Any approval process is for
the benefit of Owner only, and does not relieve the Contractor from its obligation to comply with
the requirements of the Contract Documents.
3.4
As provided herein, Contractor has a period of 5 days from the date Contractor
receives a Task Order to execute and deliver the Task Order, the completed
Subcontractor/Supplier Disclosure Form, and the completed Subcontractor/Supplier Disclosure
Statement, and 5 days after the date each Task Order is signed by Contractor in which to provide
the bonds and safety plan required by the Contract Documents. If Contractor fails to execute and
deliver the Task Order, the completed Subcontractor/Supplier Disclosure Form, and the
completed Subcontractor/Supplier Disclosure Statement within the 5 day time period, and/or to
submit any of the required documentation within the 5 day time period, then Owner shall not be
required to extend the Substantial Completion Date in the Task Order and Owner has the right to
treat each day beyond the 5 day deadline in which the Task Order, the completed
Subcontractor/Supplier Disclosure Form, and/or the completed Subcontractor/Supplier
Disclosure Statement are unsigned, and/or each day beyond the 5 day deadline in which one or
more of the required documents have not been submitted, as a day of unexcused delay under the
Task Order, which in some circumstances will have the effect of reducing the number of
calendar days in the Contract Time in the Task Order to complete the Work.
Article 4. Contract Amount. For performance of the Work, AISD will pay to Contractor
the Contract Amount stated in each Task Order, subject to adjustment as provided in the
Contract Documents.
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CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
Article 5. Payments. For each Task Order, Owner will make payments to the Contractor
in accordance with the provisions set out in the General Conditions. Retainage shall be withheld
by Owner as provided in the General Conditions.
Article 6. Bonds and Insurance. Contractor is required to provide Payment and
Performance Bonds, if required, and Insurance prior to commencing Work, in accordance with
the requirements set out in the General Conditions.
Article 7. Other Obligations. For each Task Order, Contractor will comply with all
requirements set forth in the other Contract Documents.
Article 8. Liquidated Damages. Owner shall have the right to assess liquidated damages
in relation to the Work to be performed under each specific Task Order. If liquidated damages
will be assessed, the amount will be as set forth in the specific Task Order. Any sums due and
payable as liquidated damages under any Task Order by the Contractor shall be payable, not as a
penalty, but as liquidated damages representing an estimate of delay damages likely to be
sustained by Owner, estimated at or before the time of executing the specific Task Order. Any
amounts due as liquidated damages under a specific Task Order shall be paid by Contractor
within ten (10) days following notice from Owner of the amount due. When the Owner
reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be
entitled, but not required to, withhold from any amounts otherwise due the Contractor an amount
then believed by the Owner to be adequate to recover liquidated damages applicable to such
delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or
any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to
the Contractor those funds withheld, but no longer applicable, as liquidated damages.
Article 9. Notice. All notices required to be given under this Agreement or under a
Task Order must be in writing. Any notice required or permitted to be given under this
Agreement shall be deemed delivered upon deposit in the U. S. Mail, when sent by certified
mail, return receipt requested, postage prepaid, correctly addressed to the party as set forth below
with a copy sent to such party by facsimile on the date of deposit into the mail:
If to Owner:
Austin Independent School District
1111 West 6th Street, Building B, Suite 300
Austin, Texas 78703-5399
Attn: Director, Department of Construction Management
Telephone: (512) 414-1715
Facsimile: (512) 480-0545
If to Contractor:
________________________________
________________________________
________________________________
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CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
Attn: ___________________________
Telephone: _______________
Facsimile: ________________
Notice given in any other manner will be deemed delivered if and when actually received.
Either party may change its address for notice by providing notice to the other party as provided
herein. Such change of address will be effective 14 days after it is delivered.
Article 10. Prevailing Wage Rates. For each Task Order, Contractor shall comply with
the prevailing wage rate requirements set forth in Chapter 2258 of the Texas Government Code,
and shall require subcontractors to comply with the applicable provisions of said law.
Contractor and each subcontractor shall pay not less than the prevailing wage rates as set out in
the General Conditions.
Article 11. Worker’s Compensation Insurance. Pursuant to Section 406.096 of the
Texas Labor Code, by execution of each Task Order, Contractor certifies to Owner that it has
Worker’s Compensation Insurance coverage for each employee of the Contractor employed on
the Project described in the Task Order. Contractor shall obtain from each subcontractor a
certificate which certifies that the subcontractor has Worker’s Compensation insurance coverage
for each employee of the subcontractor employed on the Project and shall promptly provide
Owner with all such certificates.
Article 12. Feedback to Subcontractors/Suppliers. If requested by a subcontractor or
material supplier who submits a bid or proposal to Contractor in connection with a Project
described in a specific Task Order, but who is not listed as a proposed subcontractor or supplier
on Contractor’s completed Subcontractor/Supplier Disclosure Statement submitted with such
Task Order, Contractor shall provide feedback to such subcontractor or supplier as to how its
bid/proposal compared with the other bids/proposals received by Contractor for the same
services or materials (e.g., bid was highest bid received, bid fell in the middle of bids received,
etc.) in connection with such Task Order.
Article 13. Solicitation of “Component” Bids And Proposals from Subcontractors. In
order to promote and encourage the involvement of small, local firms and firms owned or
operated by minorities or women, Contractor must, with respect to each Task Order, solicit and
consider bids/proposals from subcontractors covering only certain components of the scope of
the Work for which particular bids/proposals are solicited, in addition to soliciting and
considering bids/proposals from subcontractors for complete scopes of the Work.
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This Agreement is executed by Contractor on the date set forth below, but to be effective
as of the _______ day of ___________, 20__ (“Effective Date”), which date shall be filled in by
Owner at the time it executes this Agreement.
OWNER:
AUSTIN INDEPENDENT SCHOOL DISTRICT
By: __________________________________________
Name: ________________________________________
Title: _________________________________________
CONTRACTOR:
_________________________________________
By: __________________________________________
Name: ________________________________________
Title: _________________________________________
Date: ___________, 20__
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CONSTRUCTION FORM AISD/Con-JOC (Rev. April ’14)
AUSTIN INDEPENDENT SCHOOL DISTRICT
EXHIBIT A
PRICING SCHEDULE
[INSERT PRICING SCHEDULE]
OR
[USE THE FOLLOWING LANGUAGE FOR RSMeans PRICING]
A.
Utilizing RSMeans JOCWorksTM software, pricing of the Work will be based on
prepriced items contained in the current annual RSMeans Facilities Construction Cost Data,
including overhead and profit and the weighted average of the City Cost Index for Austin, Texas,
and other applicable RSMeans publications, including overhead and profit and the weighted
average of the City Cost Index for Austin, Texas, for items not contained in RSMeans Facilities
Construction Cost Data, multiplied by the applicable coefficient(s) stated below. In the event of
non-prepriced items (items not contained in current RSMeans publications), appropriate pricing
will be determined by AISD and the Contractor through competitive bidding and multiplied by
the applicable coefficient(s) stated below.
Coefficient for Prepriced Items – Normal Working Hours*
#.####
Coefficient for Prepriced Items – Other than Normal Working Hours
#.####
Coefficient for Non-Prepriced Items – Normal Working Hours
#.####
Coefficient for Non-Prepriced Items – Other than Normal Working Hours
#.####
*Monday – Friday, 7 a.m. – 6 p.m.
B.
Within ten (10) days after the first anniversary of the initial term of this Agreement (if the
initial term described in Section 3.1 of the Agreement is more than 1 year) and, if Owner gives
Contractor written notice of renewal pursuant to Section 3.1 of the Agreement, within ten (10)
days after the date of each notice of renewal, Contractor may notify Owner in writing of an
increase in one or more of the coefficients set out above. If Owner does not receive written
notice from Contractor of such proposed increase in one or more coefficients on or before the
expiration of such 10-day period, such coefficients shall remain the same and Contractor waives
the right to increase the coefficients for the current 12-month period of the Agreement. Any
such coefficient increases proposed by Contractor must be acceptable to Owner, but in no event
shall any increase, when combined with increases in the payments provided for in the latest
version of RSMeans JOCWorksTM result in a percentage increase that exceeds the percentage
increase in the CPI (hereafter defined) for the 12-month period commencing on the first day of
the calendar month in which Contractor submitted its proposal for the performance of the Work
under AISD JOC RFP No. _________ in the calendar year immediately preceding the calendar
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AUSTIN INDEPENDENT SCHOOL DISTRICT
year in which the increase is being requested. As used herein, the term “CPI” shall mean the
Consumer Price Index – All Urban Consumers, CUUR0000SA0, Not Seasonally Adjusted, U.S.
City Average, All Items, 1982-84=100 issued by the Bureau of Labor Statistics of the United
States Department of Labor (the “Bureau”). If the Bureau ceases publishing the CPI, Owner
may specify an alternative index to be used.
C.
In the event that the wage rate imbedded in a prepriced item is less than the
corresponding Austin Independent School District Prevailing Wage Rate, an adjustment will be
made to increase the cost in an amount equal to the difference between the two rates.
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