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Contract 43453 (2)
roK: cite SCARes( a tlt IN "ANC%ETARV CUNT WAC U Nal THE CITY OF FORT WORTH, TEXAS Job Order Contract Services Contract Project Number TPW2OI2 09 FORT WORTH® Thrpor • BETSY PRICE MAYOR TOM HIGGINS CITY MANAGER Douglas W. Wiersig, PE Director, Transportation & Public Works Department The Mark IV Construction Group, LLC July 2012 OFFICOARECORD ©UTY SECRETARY FT. 1NOR7H, TX City of Fort Worth, Texas COUNCIL ACT10N Approved DATE Tuesday, July 17,. 2012 LOG NAME: 20JOCMARKIVANDLEMCO SUBJECT - REFERENCE NO.: **C-25726 Authorize Execution of Job Order Contract Services Contracts with The Mark IV Construction Group, LLC, and LEMCO Construction Services, L.P., for Fixed Unit Price, Indefinite Delivery of Building Renovation and Construction Services for the Transportation and Public Works Department, Facilities Management Division (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Job Order Contract Services contract with The Mark IV Construction Group, LLC, for construction services for minor construction and renovation projects for the term of one year with options to renew for four additional one-year periods at the City's option with the aggregate amount of work orders not to exceed $1,500,000.00 during any one-year term; and 2 Authorize the execution of a Job Order Contract Services contract with LEMCO Construction Services, LP, for construction services for minor construction and renovation projects for the term of one year with options to renew for four additional one-year periods at the City's option with the aggregate amount of work orders not to exceed $1,500,000.00 during any one-year term. DISCUSSION: On March 20, 2007, (M&C C-22009) and on June 19, 2007, (M&C C-22191), the City Council authorized the execution of Job Order Contract (JOC) Services contracts with Alpha Building Corporation and Yeargan Construction Company, LLC-The Mark IV Construction Group, LLC, respectively, for construction services for minor construction and renovation projects. The last contract expires on July 22, 2012. The Request for Proposals for the JOC Services contract was advertised. in the Fort Worth Star -Telegram on April 12, 2012 and April 19, 2012. On May 10, 2012, 13 firms submitted proposals. On June 5, 2012, a Best Value Selection Committee reviewed and rated each of the 13 firms based on the published weighted selection criteria. The five criteria and their respective weightings are: (1) the firm's past experience and references with Job Order Contracts (50 percent), (2) the prime contractor's Proposed project team members and their experience (10 percent), (3) the proposed vine coefficient to be multiplied against a standard construction cost estimating guide (20 percent), (4) the proposed M/WBE participation and plan (10 percent) and (5) the contractor's list of proposed subcontractors and suppliers when multiple work disciplines are required (10 percent). The committee shortlisted four firms for the interview phase. On June 15, 2012 the committee interviewed four firms: Williams and Thomas, LP d/b/a Jamail and Smith Construction, LEMCO Construction Services, L.P , Restoration Specialist, LLC d/b/a RS Commercial Construction and The Mark IV Construction Group, LLC. The results of the committee's scores are Logname. 20JOCMARKIVANDLEMCO Page 1 of 3 summarized below: Evaluation Criteria JOC Experience JOC Team Members Price __.---- Coefficients M/WBE Subcontractors, Suppliers TOTAL RANK Williams and Thomas, LP dba• Jamail and Smith Construction 50 7 15 5.5 8 85.5 3 LEMCO Construction Services, L.P. 50 9 15 6 9 89 2 Restoration Specialist, LLC, dba RS Commercial Construction 50 7 15 5.5 7 84.5 4 The Mark IV Construction Group, LLC 50 10 15 6 10 91 1 Based on the interview evaluation matrix, the selection committee recommended awarding the JOC Services contracts to The Mark IV Construction Group, LLC, and LEMCO Construction Services, L.P. The Mark IV Construction Group, LLC, is in compliance with the City's M/WBE ordinance by committing to 30 percent M/WBE participation. The City's goal for this contract is 25 percent. LEMCO Construction Services, L.P., is in compliance with the City's MWBE ordinance by committing to 30 percent M/WBE participation. The City's goal for this contract is 25 percent. Additionally, LEMCO Construction Services, L.P., is a certified M/WBE firm. The project will serve Fort Worth residents in -ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets and current capital budgets, as appropriated, of various funds. All expenditures against these contracts will be reviewed for availability of funds prior to release on a project -by -project basis. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CER T IFICA T IONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wersig (7801) Glenn Balog (2028) Dalton Murayama (8088) Logname. 20JOCMARKIVANDLEMCO Page 2 of 3 ATTACHMENTS 1. Job Order Contract 2012 LEMCO Compliance Memo (3).pdf (CFW Internal) 2. Job Order Contract 2012 The Mark. IV Compliance Memo (2).pdf (CFW Internal) Logname: 20JOCMARKIVANDLEMCO Page 3 of 3 CITY OF FORT WORTH JOB ORDER CONTRACT (JOC) SERVICES CONTRACT This agreement, made and effective as of the last date executed by a Party hereto ("Effective Date"), is by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("Owner") and The Mark IV Construction Group, LLC, authorized to do business in the State of Texas, ("Contractor"). Owner and Contractor may be referred to herein individually as a Party and collectively as the Parties. WITNESSETH: That for and in consideration of the payments and agreements to be performed by the Owner, the Contractor hereby agrees with the Owner to- commence and complete the Job Order Contract Services described herein. ARTICLE 1. DEFINITIONS • 1.1 "Job Order Contract (JOC)" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for minor construction, maintenance, repair, rehabilitation, renovation, or alteration of a City facility ( Project"). Projects will be authorized by an individual written Job Order on an as -needed -basis ("Job Order"). Refer to the sample Job Order form (Attachment A). 1.2 "Coefficient" means a numerical factor adjusting the marked up costs for the purpose of this Contract. The Coefficient represents adjustments that are General Contractor's indirect costs or profit. It is additional to the costs identified in the Unit Price Guide (UPG), as defined in paragraph 2.F below, for the General Condition direct costs. The Coefficient includes general and administrative and other indirect overhead costs, insurance and bonding costs, Project Manager and estimator's wages, general clerical wages, contingencies such as changes in wage rates and inflation, JOC contractor's profit, and all other indirect costs. Separate coefficients may be used for normal working hours and non - normal working hours. Refer to the example of the cost development and application of the Coefficient and City Cost Index (Attachment B). Refer to the Contractor's Request for Proposal submittal for the Coefficient (Attachment C) and the submittal will be part of this Contract. 1.2 1 "Standard working hours" are 7:30 a m. to 5:00 p.m., CST Monday through Friday, unless alternate standard hours are agreed to for an individual Job Order. • 1.2.2 "Non-standard working hours" are hours worked before 7:30 a.m. and after 5:00 p.m., CST Monday through Friday, and all hours worked on Saturdays, Sundays, and recognized holidays that are ordered by the Owner on an individual Job Order issued or as expected elsewhere in the contract documents 1.3 "Non pre -priced item (NPI)" means a necessary, but incidental, part of a job or project ordered under a Job Order Contract that is not unit priced using the pre -priced tasks in the UPG or other current R. S. Means publications. The Coefficient applied to a pre -priced item shall not be applied to a non pre -priced item. The Owner may negotiate items of work not covered in the UPG or other current R. S. Means publications, but within the scope and general intent of the contract at any time during the contract term. Non pre -priced items of work with a cumulative total of under $25,000 per Job Order, will be negotiated on an as -needed -basis and will be incorporated into the contract. NPI work will be included as necessary for any Job Order. 1.4 "Statement of Work" means a description of a project to be ordered under a Job Order Contract which contains sufficient detail to determine quantities and quality, and the time for performance. Job Order Contract (JOC) Services Contract (July 2012) Page 1 of 9 The Mark IV Construction Group, LLC 07-30--1 2 P01 : 2 IN 1.5 "Work" means the maintenance, repair, alteration, renovation, new construction and/or services required by the Job Order and Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment, plant and services provided or to be provided by the Contractor to fulfill the Contractor's obligations to satisfy the Scope of Work. 1.6 "Unit Price Guide (UPG)" means a compilation of real property repair, rehabilitation, alteration, maintenance, and new construction tasks, along with associated units of measure and unit prices designated or provided by the Owner to be used in administration of this Contract Unit prices include direct material, labor, and equipment costs, but not indirect costs or profit. The Unit Price Guide for this Contract is the R. S. Means. Facilities Construction Cost Data ("R.S. Means') in effect at the time this Contract is executed. Additionally, the current City Cost Index for the City of Fort Worth for the various Divisions will be used for the JOC Services contract until the book publication of the updated R. S. Means for a new calendar year is published which is hereby incorporated by reference. The UPG will be revised once a year when the new R. S. Means is published (new book published annually and not quarterly adjustments) and shall be used for any Contract extension period. The unit pr ces from the "including overhead and profit" column of the UPG with individual unit prices, will be adjusted by the Average City Cost index for the City of Fort Worth prior to adjusting the cost proposals by the Coefficient. Refer to the example of cost development and application of the Coefficient and City Cost Index (Attachment B). For those job items not listed in the Specified R. S. Means Facilities Construction Cost Data Book, pricing shall be determined by applying the same Coefficient as utilized on the R. S. Means Facilities Construction Cost Data Book to other applicable current R. S. Means publications. If the work is so specific that it is not included in other R. S. Means publications, and if the cumulative total of the unspecified work is less than $25 000 per Job Order, then the City may negotiate a mutually agreed price for the work as described in Paragraph 2.F Non Pre -Priced Item. 1.7 "Contract Documents" means the Job Order, in accordance with the Statement of Work, General Conditions, Special Conditions, Addenda, Specifications, and Drawings for each Job Order, the Minority and Women Business Enterprise Plan, which collectively form the "Project Contract." ARTICLE 2. SCOPE OF SERVICES The Contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications associated with any Statement of Work provided by the Owner for a Job Order hereunder. The City s Project Architect or Construction Manager for each individual project shall be identified and specified in the individual Job Order. The Contractor shall do everything required by the Contract Documents ARTICLE 3. INSURANCE REQUIREMENTS FOR DESIGN AND CONSTRUCTION Insurance Requirements for Contractor's Design Professionals. The City may require that the Contractor provide all architectural and engineering services required for individual Job Orders Said design services shall be obtained pursuant to Chapter 1001 and/or 1051 of Occupations Code. The architect and/or engineers used by the Contractor must have a current professional license in the State of Texas and comply with the following City insurance requirements: The architect and/or engineer shall maintain the following insurance coverage with carriers acceptable to the City, such insurance to be in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate Workers Compensation Coverage A: Statutory limits Job Order Contract (JOC) Services Contract (July 2012) Page 2 of 9 The Mark IV Construction Group, LLC Coverage B Employer's Liability Business Automobile Combination Single limits Professional Liability Insurance (Errors and Omissions) $100,000 Each Accident $500,000 Disease - Policy limit $100,000 Disease - Each Employee $1,000,000 Each Accident $1,000,000 Per Claim $1,000,000 Aggregate Contractor's Insurance Requirements. Contractor shall not commence work under a Job Order until it has obtained all insurance required under the Project Contract, and such insurance has been approved by the Owner. Commercial General Liability Insurance: The Contractor shall procure and shall maintain during the life of the JOC public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury including death and property damage at the following limits $1,000,000 each occurrence and $2,000,000 aggregate limit. The insurance shall be provided on a Job Order specific basis and shall be endorsed accordingly. The insurance shall include but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability Worker's Compensation Insurance: Statutory limits Employers Liability $100,000 disease each employee $500,000 disease policy limit $100,000 each accident Business Automobile Liability: $100,000 each accident. The policy shall cover any auto used in the course of the Job Order project. Builder's Risk or Installation Floater: This insurance shall be applicable according to the property risks associated with the Job Order project and commensurate with the contractual obligations specified in the contract documents. Excess Liability Umbrella: $1,000,000 each occurrence and $2,000,000 aggregate limit. This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. Scope of Insurance and Special Hazard: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract ARTICLE 4. TIME OF COMPLETION For each Job Order, the Owner shall provide a written Notice -to -Proceed (NTP) in which a date for commencement of the work shall be stated. The Contractor shall complete the work within the number of calendar days specified in the Job Order after such commencement date. Approved Change Orders may extend such completion dates. The time set forth for completion of the work for each Job Order is an Job Order Contract (JOC) Services Contract (July 2012) Page 3 of 9 The Mark IV Construction Group, LLC essential element of the Contract. The Contractor acknowledges that time completion will be of the essence in the completion of any Job Order and that failure to complete the work within the stated number of calendar days will result in the assessment of liquidated damages in an amount identified in the General Conditions section 1-8, or unless specifically included on the Job Order. Refer to the Weather Table (Attachment D). ARTICLE 5. TERM OF CONTRACT The JOC shall commence as of the Effective Date and shall automatically expire upon the earlier of the expenditure of $1,500,000.00 or one year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as described below. No Job Order may be issued after the Expiration Date, except that the terms of that JOC shall survive as to any work in progress, unfinished work, defective work, and warranty and indemnification obligations of the Contractor on or after such Expiration Date. The JOC shall be renewable at the Owner's option for up to four additional one-year terms at a maximum of $1,500,000.00 each year The Owner may exercise its option to renew by providing written notice to the Contractor within ten (10) calendar days prior to the expiration of the JOC provided that the Owner gives the Contractor a preliminary written notice of its intent to renew at least sixty (60) calendar days before the JOC expires. The preliminary notice does not commit the Owner to a renewal If the Owner exercises a renewal option, the renewal shall be considered to include this option provision. ARTICLE 6. CONTRACT SUM Owner shall pay Contractor for performance of the Job Order Contract on an individual Job Order basis based on the associated Statement of Work, subject to additions and deductions provided therein and make payment on account as hereinafter provided. The price for a job or project ordered by the Owner under this JOC (the "Job Order Sum") shall be based on the Unit Price Guide and the Coefficient, and any non pre -priced items. Non pre -priced items shall not exceed fifty percent (50%) of the value of the Job Order. The Owner shall have the unconditional right to withdraw its Job Order at any time before or after the Contractor has submitted its proposal for the Job Order. If the Job Order is withdrawn, Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor of any nature for the withdrawn Job Order. For a Job Order under this JOC to become effective, it must be (a) signed by the Owner and the Contractor, (b) a fixed price lump sum contract, and (c) based on a Statement of Work incorporated into the Job Order ARTICLE 7. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) UTILIZATION PLAN In accordance with City of Fort Worth Ordinance No. 15530 ("Ordinance"), the Owner has goals for the participation of Minority Business and Women Enterprise (M/WBE) in the City of Fort Worth contracts. The Contractor acknowledges the M/WBE goals established for this contract and its commitment to meet that goal Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Contract and debarment from participating in City of Fort Worth contracts for a period of time of not less than three (3) years. The M/WBE goal for the JOC is 30%. Refer to the Contractor's letter (Attachment E). Analysis of whether such M/WBE goal is met will be measured on an aggregate basis for the entire term of the Contract. The Contractor is also responsible to contact the M/WBE Office to obtain lists of certified M/WBE firms in order to meet this goal. The M/WBE firm(s) must be located or doing business in the City's geographic market area at the time of individual Job Order statement of work and cost proposal. The City s geographic market includes the following nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton Ellis Kaufman and Rockwall. The M/WBE firm(s) must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation Job Order Contract (JOC) Services Contract (July 2012) Page 4 of 9 The Mark IV Construction Group, LLC (TXDOT), Highway Division. Contact the M/WBE Office (817 392-6104) to obtain lists of certified subcontractors and suppliers. Contractor shall deliver the monthly M/WBE reports and supporting documentation to the M/WBE Office, which will verify that payments have been made to M/WBE subcontractors on each completed Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that payments have been made to the M/WBE subcontractors for work in -place. Copies of these documents shall accompany the Contractors invoice(s). The Project Manager (Facilities Management Group in the Transportation and Public Works Department) will only verify the completion of work for each Job Order and not M/WBE participation or payment to M/WBE subcontractors. For the duration of this Agreement and any renewals Contractor shall be bound by and adhere to the City's MWBE Ordinance 15530, and not Ordinance 20020-12-2011. ARTICLE 8. PAYMENT BOND AND PERFORMANCE BOND For construction costs of individual Job Orders in excess of $25,000, the Contractor will be required to give the Owner surety in a sum equal to the amount of the Job Order awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the Owner. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required u nder federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law Satisfactory proof of any such reinsurance shall be provided to the Owner u pon request. The Owner, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined u nsatisfactory at any time by the Owner, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the Owner. If the construction cost for a Job Order is $25,000 or less, payment to the Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the Owner. If the construction cost of the Job Order is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Job Order, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the construction cost of the Job Order is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the Job Order, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents Said bond shall be solely for the protection of the Owner (City of Fort Worth). Refer to the examples of the Payment Bond (Attachment F) and Performance Bond (Attachment G). ARTICLE 9. WAGE RATES Not less than the prevailing wage rates must be paid for the specific Job Order project. On Job Orders where special wage rates (e. g. Davis -Bacon) apply, then the Contractor must meet all requirements of Job Order Contract (JOC) Services Contract (July 2012) Page 5 of 9 The Mark IV Construction Group, LLC such programs Refer to the 2009 Prevailing Wage Rates for Construction Industry (Attachment H). Updated Prevailing Wage Rates will be provided when published. ARTICLE 10. WORKERS COMPENSATION INSURANCE Contractor will be required to demonstrate that Workers Compensation Insurance coverage is in effect at time of issuance of each Job Order. A Certificate of Insurance, or other proof will be required. Refer to the example of the Contractor Compliance with Worker's Compensation Law (Attachment I) ARTICLE 11. TAXES The Owner is a tax exempt entity and will provide Contractor with proof of said exemption. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes. Refer to the Texas Sales and Use Tax Exemption Certificate (Attachment J). ARTICLE 12. PERMITS Contractor shall apply for all City of Fort Worth Permits and for any other permits required by the specific Job Order projects. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. ARTICLE 13. UTILITIES AND IMPACT FEES The Owner will pay water and sewer utility tap fees and impact fees. Unless shown otherwise, the Owner will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans, the Contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. ARTICLE 14. TESTING SERVICES The Owner shall provide for, independently of the Contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. ARTICLE 15. WARRANTY OF CONSTRUCTION The Contractor shall warrant that work performed conforms to the Job Order requirements and is free of any defect in equipment, material, design furnished, or workmanship performed by the Contractor or any of its design professionals, subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Job Order work. ARTICLE 16. RELATIONSHIP OF PARTIES Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent servant or employee of Owner. Contractor shall have exclusive control of, and the exclusive right to control the details of work performed hereunder, and all persons performing same and Job Order Contract (JOC) Services Contract (July 2012) Page 6 of 9 The Mark IV Construction Group, LLC shall be solely responsible for the acts and omissions of its officers, agents employees and subcontractors Nothing herein shall be construed as creating a partnership or joint venture between Owner and Contractor, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondeat superior has no application as between the Owner and Contractor. ARTICLE 17. NO THIRD PARTY BENEFICIARIES The JOC shall inure only to the benefit of the Owner and Contractor and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this JOC. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 18. OWNER INSPECTION AND ACCEPTANCE Inspection and acceptance shall be as stated in the specific Job Order, in accordance with the Contract Documents defined in Article 1 Owner hereby reserves the right to perform inspections of the work and any and all inspections performed by the Owner or by others for the Owner shall be for the sole benefit of the Owner. The presence or absence of an Owner inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the Contract Documents without the Owner's written authorization. Quality control for the work is the responsibility of Contractor Contractor shall, without charge replace or correct work found by the Owner not to conform to the contract requirements, unless in the public interest, the Owner consents to accept the work with an appropriate adjustment in Job Order price. ARTICLE 19. LIQUIDATED DAMAGES For each consecutive calendar day after the completion period set forth in any Job Order issued that any work, including the correction of deficiencies found during the final testing and inspection not completed, but not including minor punch -list items, the amount stated in Section 1-8 of the General Conditions per day, unless a different amount is specified in a particular Job Order will be deducted from the money due or which becomes due the Contractor for the Job Order, not as a penalty but as liquidated damages representing the parties' estimate at the time of issuance of the Job Order of the damages which the Owner will sustain for late completion. Refer to the General Conditions (Attachment K). ARTICLE 20. DELAYS AND EXTENSION OF TIME Contractor may be granted an extension of time because of changes ordered in the Job Order or because of unforeseeable conditions deemed by the Owner as being beyond the Contractor's control, which constitutes a justifiable delay. Requests for extensions of time must be made in writing no later than twenty (20) calendar days after the occurrence of the delay or at the time of the next project construction status meeting. Contractor may be allowed additional time at no cost to the Owner. ARTICLE 21. CONTRACT PAYMENT Contractor will receive payment for acceptable work -in -place based on payment schedule of values submitted at the beginning of the project no -later -than thirty (30) days after receipt of the payment request made to the Owner. Contractor will make payment to subcontractors no -later -than ten (10) days after receiving said progress payment from the Owner and subject to the subcontractor's compliance with the terms of its contract with the Contractor. Contractor shall submit to the Owner a breakdown of the Contract Sum for the various classification of the Work at the beginning of the project for approval, which will be used for evaluation of progress payments. The progress payments will be made when the Contractor has submitted the payment request for work -in -place and all required documentation required by the contract. Job Order Contract (JOC) Services Contract (July 2012) Page 7 of 9 The Mark IV Construction Group, LLC ARTICLE 22. WAIVER No waiver by either party of any default of the other under the JOC shall operate as a waiver of any future or other default, whether of a like or different character or nature. ARTICLE 23. SEVERABILITY If any part of the JOC is contrary to any federal, state, or local law, it is not applicable and such invalidity shall not affect the other provisions or applications of this agreement which can be given effect without the invalid provision or application and to that end the provisions of the JOC are declared to be severable. ARTICLE 24. CONTRACT AMENDMENT No other agreements, oral or written, shall constitute a part of the JOC, unless such be made in writing, executed by the parties, and expressly made a part thereof, and approved in writing by the Owner. ARTICLE 25. GOVERNING LAW AND VENUE The JOC shall be governed by and construed and enforced in accordance with the laws of the State of Texas. The parties agree that any action with respect to the JOC may only be brought in a court of competent subject matter junsdiction located in Tarrant County, Texas. ARTICLE 26. INDEMNIFICATION Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, City, its officers, agents, servants and employees, from and against any and all claims or causes of action arising out of the performance of the JOC, whether such claims arise out of contract or tort, suits for property, whether real or personal, loss or damage, personal injury including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees subcontractors, licensees or invitees, whether or not caused, in whole or in part by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the City; and said Contractor does hereby covenant and agree to assume all liability and responsibility of the City, its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the City. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, Toss or destruction to property of City during the performance of any of the terms and conditions of this JOC, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions officers, agents, servants, employees, contractors, subcontractors, licensees, invitees of City. IN WITNESS WHEREOF the City and the Contractor have each executed and dated this instrument through its duly authorized officers in multiple counterparts. Job Order Contract (JOC) Services Contract (July 2012) Page 8 of 9 The Mark IV Construction Group, LLC THE MARK IV CONSTRUCTION GROUP, LLC By: WV 33t' Amy Ejope President Date: IP-51 W" APPRL RECOMMENDED. By: Dough, W. Wiersig, PE Direc or, Transportation & Public Works Department APPROVED AS Tt,ORM AND LEGALITY: By: Douglas W Black Assistant City Attorney Job Order Contract (JOC) Services Contract (July 2012) The Mark IV Construction Group, LLC CITY: By: Annsola a-s—* Fernando Costa Assistant City Manager Date: ATTEST: By: Mary J. K City Secre ary M&C C-25726 Date: July 17, 2012 OFFICIAL RECORt CITY SECRETAR FT. WORTH, TX tstatenlitch o ate' q0.0O�ra� 0or, ...to 0 4 o g o0�4C0 U ,d '4welitto%y<IYAcji Page 9 of 9 Attachment A FORT T JOB ORDER This Job Order is governed by all terms and conditions of the Contract referenced below which is hereby Incorporated by reference. Owner: Owner's Contract #: Contract Job Order #: P roject Name. Contractor: Date of Contract: Job Order Date: P roject Architect/Construction Manager: 2012-0XX S ummary and Description of Statement of Work attached hereto: Renovate..... N OTE: If JOC does design documents, they are the property of the City of Fort Worth. Fund Account Center: Value of pre -priced work based on the Unit Price Guide and Coefficient: Not -to -Exceed $XXX,XXX (To be negotiated at schematics drawings & cost estimate) Value of non -pre -priced work: Construction/Permit Design = $XX,XXX ($X,XXX if project stopped after schematics) Total Fixed Price stipulated sum for this Job Order ("Job Order Sum"). Construction NTE cost to be negotiated at time of schematic drawings and cost estimate • N otice to Proceed Date for this Job Order: Completion Date for this Job Order: L iquidated Damages (if different than as set forth in Agreement): TRANSPORTATION & PUBLIC WORKS DEPT THE MARK IV CONSTRUCTION GROUP, LLC FACILITIES MANAGEMENT GROUP By: By: Architectural Services Manager Project Manager Date: Date: CC: Sponsoring Dept M/WBE Office Admin Asst (Project File) Project Mgr Construction Mgr Arch Services Mgr Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 1 of 13 The Mark IV Construction Group, LLC Attachment B 1.2 Coefficient and City Cost Index: Example: The new construction of 10 linear feet of eight -foot non -load bearing gypsum plasterboard on 4" metal stud wall at 16" on center. Work to include two sides, painted, and insulation. No electrical, doors, or windows Standard hours. Type of Work 3/8 in. gyp. on walls 18 ga.X 2.5 in. 160C 3.5 in non -rigid .SF insulation 15 in. wide Int Paint (2 coats) With roller Rubber Base 4 in 080 in thick City Cost Index Weighted Average Unit Material Labor S F $.20 (160SF $32.00 LF (10LF S F (80SF S F (160SF LF (20LF $4.92 49.20 $.23 $18 40 $.09 $14 40 $ 48 $8.00 $.25 $40.00 $6.55 $65.50 $.16 $8 00 $.28 $44 80 $.77 $15.40 .85.40% $269.30 X 0.854 = $229.98 Equip. Total Total Incl. O&P $.45 $.61 $72.00 $97.60) $11.47 $15.65 $114.70 $156.50) $.39 $.50 $26 40 $40 00) $.37 $.52 $59.20 $83.20) $1.19 $1.60 $22.00 $32.00) Sub -Total $269.30 Coefficient Cost 0.715 $164.44 Total allowable cost of work by JOC $164.44 Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) The Mark IV Construction Group, LLC Page 2 of 13 ATTACHMENT C FORT WORT Jab Order Contract Services RFP No. TPW 2012 O9 Price Proposal for Coefficients • Base Year Coefficients Standard Working Hours Non -Standard Working Hours Non Pre -Priced for Standard Working Hours ... Non Pre -Priced for Non -Standard Working Hours ............... Option Year One Coefficients Standard Working Hours ... Non -Standard Working Hours ... Non Pre -Priced for Standard Working Hours ... Non Pre -Priced for Non -Standard Working Hours 80.55% 84.0D% 110.00% 112.00% 81.75% 84.55% 110.00% .................... 112.00% Option Year Two Coefficients Standard Working Hours • Non -Standard Working Hours Non Pre -Priced for Standard Working Hours Non Pre -Priced for Non -Standard Working Hours Option Year Three Coefficients Standard Working Hours Non -Standard Working Hours Non Pre -Priced for Standard Working Hours Non Pre -Priced for Non -Standard Working Hours Option Year Four Coefficients Standard Working Hours ............................... 82.50% 84.90% 110.00% 112.00% 83.75% 85.20% .................... 110.00% .................. . 112.00% Non -Standard Working Hours ... Non Pre -Priced for Standard Working Hours Non Pre -Priced for Non -Standard Working Hours ....... 83.00% 84.55% 110.00% 112.00% Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) The Mark IV Construction Group, LLC Page 3 of 13 (1) (2) (3) Month January February March April May June July August September October November December ANNUALLY WEATHER TABLE Average Days of Rain 7 7 7 8 8 6 5 5 7 5 6 6 77 Inches of Rainfall Mean number of days rainfall 0.01" or more Average normal precipitation in inches Mean number of days 1.0 inch or more Less than 0.5 inches 1.80 2.36 2.54 4.30 4.47 3.05 1.84 2 26 3.15 2.68 2.03 1.82 32.30 Snow/Ice Pellets 1 0 0 0 0 0 0 0 ATTACHMENT D This table is based on information reported from Dallas -Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 4 of 13 The Mark IV Construction Group, LLC ATTACHMENT E `the MARK IV Construction Group, LTAC 1650 W. Noz thwe s t Hwy., Suite 203 Grapevine, TX 76051 (817) 31 O 3255 • June 19, 2012 City of Fort Worth Attn: Mr. Dalton Murayama 401 W. 13th Street Fort Worth, TX 76102 RE: M/WBE Participation for the City of Fort north Job Order Contract Services Contract Dear Mr. Murayama, Please find this letter as official notice that MARK IV Construction Group will commit to the 30% M/WRE participation per year as recommended for this contract. As a woman owned business enterprise we understand the importance and appreciate the requirement of this contract. • MARK IV Construction Croup is excited_ for this opportunity, and we look forward to working with the City of Fort Worth for many years. Regards, A wty Co-p& Amy Cope President Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 5 of 13 The Mark IV Construction Group, LLC • THE STATE OF TEXAS Bond # PAYMENT BOND ATTACHMENT F KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § (Text in Blue is for information or guidance. Remove all blue text in the project final document] That we, herein, and , known as "Principal" , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the day of , 20 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as <Project Name>, <City Project Number(s)>. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 6 of 13 The Mark IV Construction Group, LLC IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 20 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: PRINCIPAL: BY: Signature Name and Title Address: SURETY: BY: Signature (Surety) Secretary Name and Title Witness as to Surety Address: Telephone Number: Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 7 of 13 The Mark IV Construction Group, LLC THE STATE OF TEXAS Bond # PERFORMANCE BOND ATTACHMENT G § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § [Text in Blue is for information or guidance. Remove all blue text in the project final document] That we, herein and , known as "Principal" a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, • Dollars ($ ', lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. • WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as <Project Name>, <City Project Number(s)> NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 8 of 13 The Mark IV Construction Group, LLC IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the PRINCIPAL: BY: ATTEST: day of , 20 S ignature (Principal) Secretary Name and Title Witness as to Principal Address: SURETY: BY: Address: S ignature N ame and Title Witness as to Surety Telephone Number: *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 9 of 13 The Mark IV Construction Group, LLC ATTACHMENT H 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Acoustic Ceiling Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Hrly Rate $25.92 $15.81 $15.56 $18.54 $10.39 $17.08 $13.45 $13.97 $14.03 $16.10 $12.43 $15.00 $11.50 $21.77 $15.32 $20.00 $12.27 $18.00 $10.00 $18.53 $13.49 $16.59 $11.21 $10.47 $13.24 $17.00 $12.57 Classification Plumber Plumber Helper Reinforcing Steel Setter Roofer Roofer Helper Sheet Metal Worker Sheet Metal Worker Helper Sprinkler System Installer Sprinkler System Installer Helper Steel Worker Structural Concrete Pump Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel Forklift Front End Loader Truck Driver Welder Welder Helper Concrete Finisher Helper Concrete Form Builder Helper Lather Helper Metal Building Assembler Metal Building Assembler Helper Reinforcing Steel Setter Helper Steel Worker Structural Helper Foundation Drill Operator Hrly Rate $20.33 $14.95 $13.01 $16.78 $12.33 $17.49 $14.16 $19.17 $14.15 $19.28 $18.50 $17.81 $12.96 $13.21 $15.21 $17.81 $12.55 $12.14 $11.72 $15.00 $16.00 $12.00 $11.19 $13.74 $22.50 Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) The Mark IV Construction Group, LLC Page 10 of 13 Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper $9.98 $21.14 $14.92 $17.24 $12.85 Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) The Mark IV Construction Group, LLC Page 11 of 13 t ATTACHMENT I CONTRACTOR COMPLIANCE WITH WORKER'S ER' COMPENSATION LAW [TEXT IN BLUE E IS FOR INF RMA TION DF G UIDA IIICE. REMOVE ALL BLUE TEXT IN THE PROJECT FINAL DOCUMENT] Pursuant to Texans Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. <Insert Cky Project Il tim r . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.0-96(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR- Company (Please Print) Signature. Add res Title: City/State/Zip Code (Please Print) THE STATE OF TEAS COUNTY OF TAIRAfT BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity there in stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �. Notary Public in and for the State of Texas Job Order Contrast J services Contract,Attachments A through J(July 2012) Page 12 of 1 The Mark IV Construction Group,I-I- ATTACHMENT J TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton City, State, Zip Code: Fort Worth. Texas 76102 Telephone: (817) 392-8360 I, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: All vendors Description of the items to be purchased, or on the attached order or invoice: All items except motor vehicles as listed below Purchaserclaims this exemption for the following reason: Governmental Entity I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 per offense. Purchaser: Title: Purchasing Manager Date: February 1, 2007 Note: This certificate cannot be issued for the purchase, lease or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Job Order Contract (JOC) Services Contract, Attachments A through J (July 2012) Page 13 of 13 The Mark IV Construction Group, LLC ATTACHMENT J City of Fort Worth, Texas Transportation and Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders written Interpretationiand any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals, with all required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well -recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or matenalsman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the. following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance) Drawings, Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 1 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) POLICY: The City of Fort Worth has goals for the participation of Minority and Women Business Enterprises (M/WBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-11 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice -versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval A-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect' is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Building Construction Manager. The Director, Transportation will designate a Project Manager and Building Construction Manager (BCM) to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 2 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shoo Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders. Change Orders and Field Orders for Minor Chahges in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 3 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents, C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code, SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents, D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 4 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Reauired if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pav Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Waae Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e.g. Davis -Bacon) the Contractor agrees to meet all requirements of such programs. D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES. NOTICES AND FEES: The City of Fort Worth Building and Trade Permit Fees are waived for this project. The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, • General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 5 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the•original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB -CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub -contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are 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. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 6 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City Council of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the .Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom -clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom -clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a general rule, the Contractor shall forward all communications to the Owner through the BCM. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub -subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 7 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment, 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub -subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all nghts the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be less than $25,000, the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance"), the City of Fort Worth sets goals for the participation of minority and women business enterprises (M/WBE) in City contracts. Ordinance No 15530 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five city business days after bid opening. Failure to comply with the City's MANBE Ordinance, or to demonstrate a "good faith effort", shall result in a bid being considered non -responsive. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an M/WBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an MMBE The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years. The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one (1) year. The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an M/ BE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is $50,000 or more, the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during negotiation, without prior submission of the proper documentation for review and approval by the MWBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12.3 and 12.4 of the OOrdinance, exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract, the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following. 1. An MI BE's failure to provide Workers' Compensation Insurance evidence as required by state law; or General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 8 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) 2. An M/WBE's-failure to provide evidence of general liability or other insurance. - under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- M/WBE subcontractor's/subconsultant's or suppliers; or An MWBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month; or c) Any limitation being placed on the ability of the M/VVBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An M/WBE defaults in the performance of the executed subcontract. In this event, the Contractor shall: a) Request bids from all M/WBE subcontractors previously submitting bids for the work, b) If reasonably practicable, request bids from previously non -bidding M/WBEs, and c) Provide to the M/WBE office documentation of compliance with (a) and (b) above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/ BE Office with documentation to reflect final participation of each subcontractor and supplier, including non-MWWBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any•Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A=110, as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 9 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. • SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner apses therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS• The Contractor shall do all cutting, fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be lust. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 10 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniurv. damage or death is caused. in whole or in part. by the negligence or alleged negligence of Owner. its officers. servants. or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers. servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000 The Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 1.0 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 11 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS: 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 timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above, the Owner, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefully compare and check all Architectural Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor, wall and ceiling materials that General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 12 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because of the non -related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos -containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. • G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work. At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non -resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched -up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 13 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air -borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection. Record Drawinos: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8'/2" x 11", except pull out sheets may be neatly folded to 8'' " x 11". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub -contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse neglect by Owner or his successor(s) in interest. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 14 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually .provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub -surface utility lines, average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain -link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition G-30 PRODUCT DELIVERY. STORAGE. HANDLING: The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. SECTION H CONTRACT TIME H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A Calendar Dav constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by any separate contractor employed by the Owner or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 15 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind shall be made to the Contractor for damages because of hindrances or delays from any cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub -contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES 14 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed, the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and dear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens'; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereorr is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 16 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum, 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fads to perform the Work in accordance with the specifications. 1-7 NOT USED 1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $ 63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to $1,000,000 $315 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 over $10,000,000 $980 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete, the Construction Manager shall inspect the project with the Contractor and prepare a Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued, the retainage will be reduced to 4%. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 17 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time, the contract time will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL PAYMENT FOR UN -BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or -off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub -contractors; and Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting (3) General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 18 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shall include a per -unit cost for trench safety measures in his bid If not included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K - INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. . K-2 WORKERS' COMPENSATION INSURANCE 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certificate of coverage the Contractor is representing to the City 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 a self -insured, with the Texas Worker's Compensation Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 19 of 26 Job Order Contract (JOC) Services Contract The Mark IV Construction Group, LLC (July 2012) a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the.project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3) Requirements a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and • ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain .from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materally affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 20 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non -owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub -limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self -insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 21 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non -renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum. The Contract Sum may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the pace quote to the Architect in wnting. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price -not -to -exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over $25,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 22 of 26 Job Order Contract (JOC) Services Contract The Mark IV Construction Group, LLC (July 2012) If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any written order for a minor change in the Work, the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST: If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum resulting from such claim, if approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent (15%). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent (10%). L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non -conforming work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and may store the materials orequipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 23 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non -conforming work, the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, 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, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, 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 and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services. exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowabihty of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SECTION 0 SIGNS • The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs.' This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. SECTION P TEMPORARY FACILITIES General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 24 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. • The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed. P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone -answering device at the site office tor the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day -lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 25 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012) c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub -contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shonng, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and property All temporary construction and equipment shall conform to all regulations, ordinances laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather - tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees of the Contractor and sub -contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis -Bacon Act. c. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. General Conditions for Facility Construction Lump Sum Contract, Attachment J Page 26 of 26 Job Order Contract (JOC) Services Contract, The Mark IV Construction Group, LLC (July 2012)