230004-CONTRACT PH2 GMP1 SIGNED BY FIRM.PDF
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CONSTRUCTION MANAGEMENT AT RISK (CMR)
PHASE II
GMP 1-TEMPORARY TRAILERS
MCSO District 3 Substation Renovation
FACILITIES MANAGEMENT DEPARTMENT
By and Through the OFFICE of PROCUREMENT SERVICES
Contract # 230034-DBB
Serial # 230034-DBB
C-73-_______________
Project # 2021-22-0001
MARICOPA COUNTY, ARIZONA
CONSTRUCTION MANAGEMENT AT RISK
PROFESSIONAL SERVICES AGREEMENT
PHASE II
GMP 1-TEMPORARY TRAILERS
BETWEEN MARICOPA COUNTY, ARIZONA, OWNER, AND
CORE Construction, Inc. PROFESSIONAL CMR
FOR CONSTRUCTION SERVICES FOR
MCSO District 3 Substation Renovation AT Maricopa County, Arizona
Whereas, Maricopa County (hereinafter the “County” or “Owner”) desires to construct MCSO District 3 Substation
Renovation at Maricopa County, Arizona, and
Whereas, it is in the best interests of the County to obtain professional construction management services in order to
insure quality, timely and valued construction from a pre-approved professional Construction Manager at Risk (CMR),
and
Whereas, the COUNTY has competitively selected the Construction Manager at Risk in accordance in following the
procedures in Section 34-603, Arizona Revised Statutes, and the Maricopa County Procurement Code from several firms,
and
Whereas the selected firm will provide professional CMR and construction management services for the MCSO District
3 Substation Renovation Project as directed by the County.
Whereas the Facilities Management Department is a part of the Maricopa County Regional Development Services
constellation, the Assistant County Manager will, from time to time, participate or assist in the timely execution of various
aspects of the design, construction, and completion management on behalf of the Maricopa County Manager.
This agreement made this ______________ day of ________, 2023 by and between Maricopa County (hereinafter called
the “Owner”) and CORE Construction, Inc., hereinafter called the “CMR” as Construction Manager at Risk for Phase II,
GMP1 (Temporary Trailers).
Witnesseth, that the Owner and the CMR, for the considerations herein set forth, agrees as follows:
Construction Agreement
Construction Management at Risk Phase II GMP 1
The Scope of this Project is defined as follows:
GMP1 of MCSO District 3 Substation Renovation, and as further outlined in Exhibit B, attached hereto and
incorporated herein by reference as though fully set forth herein.
TABLE OF CONTENTS
PAGE #
ARTICLE 1 - SCOPE OF WORK .................................................................................... 5
CONTRACT PRICE WITH A GUARANTEED MAXIMUM PRICE (GMP) ...................... 5
ARTICLE 2 – DEFINITIONS .......................................................................................... 5
ARTICLE 3 - CMR’S SERVICES AND RESPONSIBILITIES ......................................... 8
ARTICLE 4 - PRIORITY OF PROVISIONS ................................................................. 13
ARTICLE 5 - DESIGN PROFESSIONAL’S AUTHORITY ............................................ 13
ARTICLE 6 - TIME FOR PERFORMANCE ................................................................. 14
ARTICLE 7 - CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS16
ARTICLE 8 - PAYMENTS AND COST OF THE WORK .............................................. 18
ARTICLE 9 - CONTINGENCY ..................................................................................... 23
ARTICLE 10 - DISCOUNTS, REBATES AND REFUNDS ............................................. 24
ARTICLE 11 - SUBCONTRACTS AND PURCHASE ORDERS .................................... 24
ARTICLE 12 - INSURANCE ......................................................................................... 24
ARTICLE 13 - INDEMNIFICATION AND INSURANCE .............................................. 27
ARTICLE 14 – PERFORMANCE / PAYMENT BOND AND QUALIFICATIONS OF SURETY 28
ARTICLE 15 - INDEPENDENT CMR ........................................................................... 29
ARTICLE 16 - ACCESS TO AND RETENTION OF PROJECT RECORDS FOR THE PURPOSE OF
AUDIT AND/OR OTHER REVIEW ....................................................... 29
ARTICLE 17 - AS BUILT RECORDS ............................................................................ 30
ARTICLE 18 - CMR’S RESPONSIBILITY FOR THE WORK ...................................... 30
ARTICLE 19 - OCCUPATIONAL HEALTH AND SAFETY ......................................... 31
ARTICLE 20 - PERMITS, LICENSES AND IMPACT FEES ......................................... 32
ARTICLE 21 – PERSONNEL ........................................................................................ 32
ARTICLE 22 - CMR'S WARRANTIES .......................................................................... 33
ARTICLE 23 - DEFECTIVE WORK ............................................................................. 33
ARTICLE 24 - CONSTRUCTION SIGNAGE ................................................................ 34
ARTICLE 25 - OWNERSHIP OF CONTRACT DOCUMENTS ..................................... 34
ARTICLE 26 - CMR'S REPRESENTATIVE ................................................................. 35
ARTICLE 27 - OWNER’S RIGHT TO TERMINATE CONTRACT .............................. 35
ARTICLE 28 - RESOLUTION OF DISPUTES .............................................................. 36
ARTICLE 29 – NOTICES .............................................................................................. 36
ARTICLE 30 - REQUIREMENTS FOR CONTRACTS WITH SBE GOALS ................. 37
ARTICLE 31 - OTHER TERMS & CONDITIONS ........................................................ 37
ATTACHMENT A ......................................................................................................... 43
EXHIBIT A - CONSTRUCTION DOCUMENTS ........................................................... 44
EXHIBIT B - GMP PROPOSAL .................................................................................... 45
EXHIBIT C - INSURANCE CERTIFICATE(S) ............................................................. 46
EXHIBIT D - PAYMENT BOND ................................................................................... 47
EXHIBIT E - PERFORMANCE BOND ......................................................................... 48
EXHIBIT F - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM . 49
EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION ............................................. 51
EXHIBIT H - SUBCONTRACTOR MANAGEMENT PLAN ......................................... 55
EXHIBIT I - LEGAL WORKER CERTIFICATION ...................................................... 56
ARTICLE 1 - SCOPE OF WORK
The CMR shall furnish professional Construction Management at Risk Services for the Project described in Exhibits A
and B attached hereto and incorporated herein by this reference upon issuance of CMR’s Notice-to-Proceed by the Owner
or Owner’s representative.
The CMR shall furnish the following Services as specifically authorized by “CMR’s Notice to Proceed” issued by the
Facilities Management Department.
1.1
The contract price elements are as follows for GMP1-TEMPORARY TRAILERS:
CONTRACT PRICE WITH A GUARANTEED MAXIMUM PRICE (GMP)
a. Construction
$39,204.00
b. General Conditions
$14,976.00
c. Construction (owner) Allowances
$45,500.00
d. CMR’s Fee
$5,100.00
e Bonds
$1,141.00
f. Builders Risk Insurance
$46.00
g. General Liability Insurance
$1,141.00
h. Taxes
$6,962.00
TOTAL GMP (ALL INCLUSIVE)
$114,070.00
1.2
CMR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform
all of the work or reasonably inferable from the Contract Documents including Drawings, Specifications and
Addenda for the Project known as the MCSO District 3 Substation Renovation, prepared by Perlman
Architects, the Design Professional.
ARTICLE 2 – DEFINITIONS
2.1
AUTHORITY HAVING JURISDICTION: The Maricopa County Planning and Development Department
2.2
BASELINE PROJECT SCHEDULE: The initial schedule attached hereto and incorporated into Exhibit “B”.
2.3
BOARD OF SUPERVISORS: The Maricopa County Board of Supervisors, its successors and assigns.
.
2.4
COUNTY OR OWNER: Maricopa County, Arizona, a political subdivision of the State of Arizona, which is the
party hereto for which this Contract is to be performed. In all respects hereunder, COUNTY performance is
pursuant to the COUNTY’s position as the Owner of a construction Project. In the event COUNTY exercises its
regulatory authority as a governmental body, the exercises of such authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant to the COUNTY’s authority as a
governmental body and shall not be attributable in any manner to COUNTY as a party to this contract.
2.5
CHANGE ORDER: A written document ordering a change in the Contract Price or Contract Time or a material
change in the Work as determined by the Owner.
2.6
CONDITIONAL NOTICE TO PROCEED: Not applicable herein.
2.7
CONSTRUCTION PROJECT MANAGER: An employee of Owner or agent of the Owner assigned by the
Director to monitor the construction and design services to be performed under this Agreement and the
construction of the Project as a direct representative of Owner. The Director reserves the right, not to assign a
Construction Project Manager to the project. In such case the Owner’s Project Manager will assume all Owner
responsibilities for the project.
2.8
CONTRACT: This Construction Agreement.
2.9
CONTRACT DOCUMENTS: The Project Manual (including this Agreement and its Exhibits, Attachments and
Forms including the General Conditions and General Requirements), drawings and specifications, the Request
For Qualifications and/or proposals, as applicable and CMR’s response thereto titled “Guaranteed Maximum
Price Proposal” dated Tuesday, May 30, 2023 and herein attached as Exhibit B (as negotiated and accepted by
the Owner), any Addenda to the Project Manual, the record of the contract award by the Board of Supervisors,
the Contract, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the
Purchase Order(s) and all agreed upon modifications issued after execution of the Contract are the documents
which are collectively referred to as the Contract Documents as referenced herein.
2.10
CONTRACT PRICE: The amount established in the Contract as the Guaranteed Maximum Price (GMP), as may
be amended, if so warranted, by a Change Order issued in conformity with the Contract Documents.
2.11
CONTRACT TIME: The time between the Project initiation date specified in the Notice to Proceed for this phase
and final completion, including any milestone dates thereof, established in the contract, as may be amended by
any change order.
2.12
CMR: An individual, partnership, corporation, association, joint venture, or any combination thereof, which has
entered into the contract with the Owner for construction of the Work. The Construction Manager at Risk for
this Project is CORE Construction, Inc.
2.13
DAY: A Day is defined as a 24-hour period beginning at 12:01 a.m. and ending at Midnight, Arizona standard
time.
2.14
DESIGN PROFESSIONAL: The individual, partnership, corporation, association, joint venture, or any
combination thereof, of properly registered professional architects and/or engineers, which has entered into an
agreement to provide professional services for this Project. For purposes of this Contract Design Professional
and A/E may be used interchangeably.
2.15
DIRECTOR OF FACILITIES MANAGEMENT DEPARTMENT: The Director of this Department, of Maricopa
County, Arizona, having the authority and responsibility for management of the specific Projects authorized
under this Agreement.
2.16
FEE: CMR Profit
2.17
FIELD ORDER or SUPPLEMENTAL INSTRUCTION: A written order which directs minor changes or
interpretations of the Contract Documents in accordance with Article 7, but which does not involve a change in
the Contract Price or Contract Time.
2.18
FINAL COMPLETION: The date certified by the Design Professional and Owner in the Final Certificate of
Payment in which all conditions and requirements of any permits and regulatory agencies have been satisfied;
and the documents (if any) required to be provided by CMR have been received by the Owner; and to the best of
Design Professional’s knowledge and belief the Project has been fully completed in accordance with the terms
and conditions of the Contract Documents.
2.19
GENERAL CONDITION ITEMS: Includes, but is not limited to the following types of costs for the CMR during
the construction phase: payroll costs for Project Manager or Construction Manager but not both for Work
conducted at the site, payroll costs for the superintendent and full-time general foremen, payroll costs for
management personnel working directly for the project on or off the site, workers not included as direct labor
costs engaged in support (e.g. loading/unloading, clean-up, etc.), administrative office personnel, costs of offices
and temporary facilities including office materials, office supplies, office equipment, minor expenses, utilities,
fuel, sanitary facilities and telephone services at the site, costs of liability insurance premiums not included in
labor burdens for direct labor costs, costs of bond premiums, costs of consultants not in the direct employ of the
CMR or Subcontractors, fees for permits and licenses. Certain limitations and exclusions are described in the
General Conditions.
2.20
GUARANTEED MAXIMUM PRICE CONSTRUCTION CONTRACT: The method of construction
contracting whereby the CMR provides design phase consulting services (pre-construction services) and
management responsibility for the Project (general conditions). The CMR’s fee is a percentage of the direct
costs. All subcontracts are generally awarded by the CMR based on competitive bids received in response to
invitations to bid issued by the CMR to those entities on an Owner pre-approved, pre-qualified list of
subcontractors. The total price paid to the CMR is either (a) the cost plus the fee or (b) the Guaranteed Maximum
Price (GMP), whichever is less. This contract utilizes the Guaranteed Maximum Price as the method of
compensation. The fee is for all the CMR’s services, including construction management services, and is
calculated as a percentage of the actual costs. Thus, if the actual costs of the Project plus the percentage of cost
fee are less than the GMP, the fee will reduce accordingly.
2.21
INSPECTOR: An employee of the Owner of Maricopa County, Arizona, assigned by the Director to make
observations of work performed by a CMR.
2.22
LOOK AHEAD SCHEDULE: A schedule for a period of 3 weeks ahead of the current date to be delivered during
regular Project meetings.
2.23
MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of the Work.
2.24
NOTICE-TO-PROCEED: One or more written notices to CMR authorizing the commencement of Work.
2.25
THE OFFICE OF PROCUREMENT SERVICES: The Maricopa County Department with authority for all
procurement activity within Maricopa County.
2.26
OWNER’S CONTINGENCY: The GMP may include an Owner Contingency in an amount agreed to
between the Owner and the CMR. Subject to the terms of the Contract Documents and with prior written
Owner approval through a “Contingency Use Approval” form, CMR shall be entitled to utilize Owner
Contingency for increases in the scope of the work that could not have been reasonably anticipated. The
Owner may disallow such Owner Contingency use and deny reimbursement in the absence of prior written
notice or if the Owner determines that the use was not consistent with the Contract Documents or the scope of
the work should have been reasonably anticipated. CMR may not apply, use, or allocate any amounts from
the Owner Contingency for any of the following:
•
a material breach or material failure to perform by the CMR;
•
to pay any subcontractor, vendor, or any party that is liable for or responsible at law or under the
Contract; or
•
for any non-allowable costs of the work
The Owner Contingency may also be used at the discretion of the Owner to cover any increases in Project
costs that resulted from Owner directed changes. The OWNER reserves the right to issue a deductive Change
Order at any point during the Project, as agreed to by the CMR, deducting any or all remaining Owner
Contingency from the GMP. Upon Substantial Completion the Owner shall issue a deductive Change Order
for the remaining Owner Contingency balance.
2.27
OVERHEAD: All CMR home office expenses.
2.28
PLANS AND/OR DRAWINGS: The official graphic representations of this construction Project which are a
part of the Contract Documents.
2.29
PRELIMINARY WORK: not applicable.
2.30
PRICING DOCUMENTS: The set of documents and specifications upon which the GMP contract is negotiated
is comprised of the following: (i) the Owner approved Contract Documents, (ii) the Estimated and Actual
Selected Qualified Bids CMR’s Direct Construction Cost (including unit prices, quantities and explanatory
notes), (iii) the CMR’s General Condition Items, (iv) schedules developed by the CMR and approved by the
Owner, and any other documents or exhibits utilized to derive the GMP.
2.31
PROJECT: The construction, alteration or repair, and all services and incidents thereto, of a Maricopa County
facility as contemplated and budgeted by the Owner as described in the Contract Documents, including the work
described therein.
2.32
PROJECT INITIATION DATE: the date of actual deployment onto the site of Work for the Project which may
be equal to or after the date of Notice to Proceed.
2.33
PROJECT MANAGER: An employee of the Owner or agent of the Owner assigned by the Director of the
Department of Facilities Management to monitor the work to be performed under this Agreement and the
construction of a Project as a direct representative of the Owner and who is the representative of the Director
concerning the Contract Documents.
2.34
PROJECT MANUAL: The official documents setting forth information and requirements; contract forms, bonds,
and certificates; general and supplementary conditions of the Contract Documents; the specifications; and the
plans and drawings of the Project.
2.35
RESIDENT PROJECT REPRESENTATIVE: An authorized representative of the Design Professional on the
Project.
2.36
SCHEDULE: The document setting for the timeline and milestones for this Project (see Exhibit B).
2.37
SCHEDULE OF VALUES: A schedule showing the portion of the Work to be used to make payment of the
allotted funds for the Project based upon the GMP and Project schedule.
2.38
SUBCONTRACTOR: A person, firm or corporation having a direct contract with CMR including one who
furnishes material worked to a special design according to the Project Manual for this work, but does not include
those who merely furnish material not so worked.
2.39
SUBMITTAL SCHEDULE: The schedule for initiation and completion of submittals.
2.40
SUBSTANTIAL COMPLETION: That date on which, as certified in writing by Design Professional, the Work,
or a portion thereof designated by the Owner in its sole discretion, is at a level of completion in substantial
compliance with the Contract Documents such that all conditions of permits and regulatory agencies have been
satisfied and the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all
respects for its intended purpose(s).
2.41
SURETY: The surety company or individual which is bound by the performance bond and payment bond with
and for CMR who is primarily liable, and which surety company or individual is responsible for CMR’s
acceptable and timely performance of the work under the contract and for the payment of all debts pertaining
thereto in accordance with Arizona Revised Statutes. All surety companies or individuals shall be authorized to
conduct suretyship business under Arizona Law and have an Arizona Resident Agent.
2.42
WORK: The totality of the obligations, including construction and other services required by the Contract
Documents, whether completed or partially completed, including all labor, materials, equipment and service
provided or to be provided by CMR to fulfill CMR’s obligations. The work may constitute the whole or a part
of the Project.
2.43
WRITTEN NOTICE: As set forth in Article 29 herein.
ARTICLE 3 - CMR’S SERVICES AND RESPONSIBILITIES
3.1
INTENTION OF OWNER: It is the intent of Owner to describe in the Contract Documents a functionally
complete Project (or part thereof as applicable) to be constructed in accordance with the Contract Documents.
Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being
Required to produce the intended result shall be supplied by CMR. When words, which have a well-known
technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted
in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical
society, organization or association, or to the laws or regulations of any governmental authority, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or
regulations in effect at the time of permit issuance. Owner shall have no duties other than those duties and
obligations set forth within the Contract Documents.
3.2
THE CMR: Shall promptly order and expedite per the schedule, all materials and other parts of the Work to be
readily available as and when required or needed for or in connection with the construction, furnishing and
equipping of the improvements. No excess materials are to be purchased, and the Owner shall not be charged
for any materials acquired but not used in the Project, and any materials remaining at the end of the Project are
to be removed at CMR’s expense. Shall plan, record, and update, the construction schedule of the Project.
The Schedule shall indicate the dates for the commencement and completion of the various stages of construction
and shall be revised as required by the Contract Documents and the condition of the Work. The Progress
Schedule shall encompass all of the work of all trades necessary for the construction of the Project and shall
be sufficiently complete and comprehensive to enable progress to be monitored on a weekly basis.
This schedule is in addition to the look ahead schedule as discussed in Article 2.22.
3.3 SUPERINTENDENCE AND SUPERVISION:
3.3.1
The orders of Owner are to be given through the Owner or Owner’s Representative, which instructions are to be
strictly and promptly followed in every case. CMR shall keep on the Project site during its progress, a competent,
full time, English speaking SUPERINTENDENT or PROJECT MANAGER (hereinafter referred to
as SUPERINTENDENT) and any necessary assistants, all satisfactory to the Owner. The SUPERINTENDENT
shall not be changed except with the written consent of Owner, unless the SUPERINTENDENT proves
to be unsatisfactory to CMR and ceases to be in its employ. CMR shall give efficient supervision to the work,
using its diligent skill and attention.
3.3.2
Daily, CMR’s SUPERINTENDENT shall record, at a minimum, the following information in a bound log:
the day; date; weather conditions and how any weather conditions affected the progress of the work;
time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site including representatives of Owner,
Design Professional, and regulatory authorities; any special or unusual conditions or occurrences encountered;
and the time of termination of work for the day. All information shall be recorded in the daily log. The daily log
shall be kept on the Project site and shall be available at all times for inspection and copying by the Owner and
Design Professional.
3.3.3
The CMR, Design Professional and Owner shall meet at least every week or as otherwise determined
by the Owner and/or Design Professional during the course of the work to review and agree upon the
work performed to date and to establish the controlling items of work for the next three weeks.
The CMR shall publish, keep, and distribute minutes and any comments thereto of each such meeting.
3.3.4
CMR shall supervise and direct the work competently and efficiently, devoting such attention thereto and
applying such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. CMR shall be solely responsible for the means, methods, techniques, sequences and
procedures of construction.
3.3.5
CMR TO CHECK DRAWINGS, SPECIFICATIONS AND DATA: CMR shall use reasonable effort to verify
dimensions, quantities and details shown on the drawings, specifications or other data received from
design Professional, and shall notify Owner and Design Professional of all errors, omissions and discrepancies
found therein within three (3) calendar days of discovery. CMR will not be allowed to take advantage of any
error, omission or discrepancy. CMR shall not be liable for damages resulting from errors, omissions or
discrepancies in the Contract Documents unless CMR recognized or should have reasonably inferred such
error, omission or discrepancy and failed to report it to Design Professional.
3.3.6
DIFFERING SITE CONDITIONS:
In the event that during the course of the work, CMR encounters an underground utility that was not shown on
the Contract Documents; or subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents or from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the
Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally
recognized as inherent in work of the character called for in the Contract Documents, CMR, without disturbing
the conditions and before performing any work affected by such conditions, shall, no later than close of next
business day after their discovery, notify the Owner and Design Professional in writing of the existence of the
aforesaid conditions. Design Professional shall, within one (1) business day after receipt of CMR’s written
notice, investigate the site conditions identified by the CMR. If, in the opinion of Owner and Design Professional,
the conditions do materially so differ and cause an increase or decrease in CMR’s cost of, or the time required
for, the performance of any part of the work, whether or not charged as a result of the conditions, Design
Professional shall recommend an equitable adjustment to the contract price, or the Contract Time, or both, which
is subject to written approval by the Owner. If Design Professional, Owner, and CMR cannot agree on an
adjustment in the contract price or Contract Time, the adjustment shall be determined by the Owner in accordance
with Article 28 below.
3.3.7
No request by CMR for an equitable adjustment or change to the contract price or Contract Time under
this provision shall be allowed unless the CMR has given written notice detailing the facts for such request in a
reasonable time (not exceeding thirty (30) days from when the CMR knew or should have reasonably inferred of
such conditions) in accordance with the provisions of this Section.
3.3.8
To request for an equitable adjustment or change to the contract price or Contract Time for different site
conditions shall be allowed if made after the date certified by Design Professional as the date of Substantial
Completion.
3.4 SUBMITTALS:
3.4.1
The Design Professional has identified the basis of design for various equipment throughout the technical
specifications. Should the CMR elect to offer alternative equipment which has the desired essential
characteristics and which is listed as an equal in the technical specifications, the CMR shall be responsible
for any and all necessary redesign, reengineering, remedial construction, permitting, as-builts and all related
costs. The CMR may be required to provide a deferred submittal if the alternative equipment has any design
deviations from the equipment identified as the basis of design.
3.4.2
CMR shall submit submittals (including but not limited to shop drawings, product samples, product data,
warranties, closeout submittals, reports and photographs) as required by the General Conditions (Section
00700), General Requirements, and specifications. The submittals serve as the CMR’s coordination
documents and demonstrate the suitability, efficiency, technique of manufacture, installation requirements,
detailing and coordination of specified products, components, assemblies and systems, and shall evidence
compliance or noncompliance with the Contract Documents. The CMR’s submittals are not part of the
Contract Documents but are documents prepared and utilized by the CMR to coordinate the work.
3.4.3
Within ten (10) calendar days after the date of the Notice to Proceed, CMR shall submit to Design
Professional and Owner a list of all submittals to be required. Within twenty (20) calendar days of the date
of the Notice to Proceed, CMR shall submit to Design Professional and Owner a comprehensive list of
items for which submittals are to be submitted and shall identify the critical items, stating the dates for
submittals and approval of submittals. Approval of this list (the Submittal Schedule) by Design
Professional shall in no way relieve CMR from submitting complete and timely submittals as required by
the Contract Documents and providing services, products, materials, equipment, systems and assemblies,
fully in accordance with the Contract Documents.
3.4.4
After the approval of the submittal schedule, CMR shall promptly request submittals from the various
manufacturers, fabricators, and suppliers.
3.4.5
CMR shall thoroughly review and check the submittals and timely submit them to the Design Professional
in accordance with the requirements for such submittals specified in Division 1 of the specifications. Each
submittal and required copy thereof shall indicate the CMR’s review of that submittal in the form required
by the Contract Documents.
3.4.6
The CMR shall maintain a Submittal Log which shall include, at a minimum, the date of each submittal,
the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or
rejection.
3.4.7
If the submittals indicate deviations or departures from the requirements of the Contract Documents, CMR
shall make specific mention thereof in its letter of transmittal. Failure to point out such deviations or
departures shall not relieve CMR from its responsibility to comply with the Contract Documents.
3.4.8
The Design Professional shall have no duty to review partial or incomplete submittals except as may be
provided otherwise within the Contract Documents.
3.4.9
Provided such Submittals conform to the approved Submittal schedule, CMR shall allow the Design
Professional up to fourteen (14) calendar days from the date received by the Design Professional for review
and approval of the submittals, unless said Submittals are rejected by Design Professional for material
reasons or the Submittals are of substantial building systems which require more time for thorough review.
Design Professional’s approval of Submittals will be general and shall not relieve CMR of responsibility
for the accuracy of such drawings, nor for the proper fitting and construction of the work, nor for the
furnishing of materials or work required by the Contract Documents. No work for which submittals are
required shall be performed until said Submittals have been approved by Design Professional. Approval
shall not relieve CMR from responsibility for errors or omissions on the Submittals or for compliance with
the requirements of the Contract Documents.
3.4.10 No review or approval will be given to partial Submittals for items, which interconnect and/or are
interdependent where necessary to properly evaluate the Submittal. It is CMR’s responsibility to assemble
the Submittals for all such interconnecting and/or interdependent items, check them and then make one
Submittal to Design Professional along with its comments as to compliance, noncompliance, or features
requiring special attention.
3.4.11 Additional information provided by the CMR on any Submittal shall be typewritten or lettered in ink.
3.4.12 CMR shall submit the number of copies required by the Contract Documents plus the number required by
jurisdictional authorities (when submittals are to be made to such authorities). Resubmissions of Submittals
shall be made in the same quantity until final approval is obtained from Design Professional.
3.4.13 CMR shall keep one set of Design Professional approved Submittals at the Project site at all times.
3.5 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS:
3.5.1
The entire responsibility for establishing and maintaining line and grade in the field lies with CMR. CMR
shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits,
structures, manholes, handholds, fittings and other accessories/features and shall prepare a complete site
survey sealed by an Arizona registered Professional Surveyor which shall be submitted as a Project record
document at the time of requesting final payment. Final surveys shall be submitted in hardcopy and as an
electronic media submittal prepared in accordance with requirements for electronic media submittals as
specified elsewhere in the Project Manual. The cost of all such field layout and recording work is included
in the Contract Price for the Project.
3.5.2
CMR shall maintain in a safe place at the Project site, one record copy of all drawings, plans, specifications,
addenda, written amendments, change orders, field orders, submittals and written interpretations and
clarifications in good order and annotated to show all changes made during construction. Each of these
documents shall be clearly marked by CMR as “Project Record Documents”. These Project Record
Documents together with all approved samples and a counterpart of all approved Submittals shall be
available at all times to Design Professional for reference. Upon final completion of the Project and prior to
Final Payment, these Project Record Documents, including Submittals and other Project Record Documents
required elsewhere in the Project Manual and specifications shall be delivered to the Owner in an electronic
media as required by the Owner.
3.5.3
Prior to, and as a condition precedent to Final Payment, the CMR shall submit to Owner, CMR’s record
drawings or as-built drawings acceptable to Design Professional. Record drawings/as-builts will be
delivered on electronic media, CD preferred, in AutoCAD format with all external references bound and
PDF format.
3.5.4
Prior to, and as a condition for substantial completion, the CMR shall deliver to Design Professional and
have approved by the Design Professional and delivery of the same to the Owner an air balance report, all
equipment data, along with its recommended spare parts list, manufacturer’s warranties (separately) and
operations and maintenance manuals as may be required within the Project Manual for the Owner’s
employees and agents to maintain and operate any equipment provided as part of the work. Submission of
the above documents shall include: (1) one electronic copy of the manuals, tabbed, bookmarked and
searchable in one complete document, in PDF format.
3.6 INSPECTION AND TESTING:
3.6.1
Design Professional and Owner shall have reasonable access to the work, and CMR shall provide the Design
Professional and Owner with the facilities described in the specifications, drawings, and solicitation for
such access and for inspecting, measuring and testing.
3.6.2
Should the Contract Documents, Design Professional’s instructions, any laws, ordinances, or public
authority require any of the Work to be specially tested or approved, CMR, shall update and provide weekly
for the Owner and Design Professional a three (3) week Look-Ahead Schedule denoting all activities to be
performed and highlighting those that need testing and approval. If the testing or approval is to be made
by an authority other than Owner, timely notice shall be given of the date fixed for such testing. Testing
shall be made promptly, and where practicable, at the source of supply.
3.6.3
If any of the Work which requires approval is covered up without approval or consent of Authority Having
Jurisdiction, it must, if required by the Authority Having Jurisdiction, be uncovered at CMR’s cost for
examination and properly restored to the satisfaction of the Design Professional and Owner.
3.6.4
Should reexamination of any of the Work be ordered by Design Professional or Owner for any reason other
than that specified in 3.8.1.2, the Work must be uncovered by the CMR. If such work is found to be in
accordance with the Contract Documents, Owner shall pay the cost of reexamination and replacement by
means of a Change Order. If such work is not in accordance with the Contract Documents, CMR shall pay
such cost to be deducted from the CMR’s fee at no additional cost to Owner and no extension of time will
be granted.
3.6.5
No inspector, employee or agent of the Owner shall have the authority to permit deviations from, nor to
modify any of the provisions of the Contract Documents nor to delay the contract by failure to inspect the
materials and work with reasonable promptness without written permission and instruction by the Owner.
3.6.6
The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or
the granting of any favor by CMR to any inspector, directly or indirectly, is strictly prohibited, and any
such act on the part of the CMR will constitute a breach of this contract.
3.6.7
TAXES: CMR shall pay all applicable sales, consumer, use and other taxes required by law. CMR is
responsible for reviewing the pertinent state statutes and regulations involving state taxes and complying
with all requirements.
ARTICLE 4 - PRIORITY OF PROVISIONS
4.1
The Contract Documents shall be interpreted so as to eliminate inconsistencies or conflicts, but in the event of
any conflict, requirements for greater quantity and/or more expensive work indicated shall govern such
interpretation unless otherwise agreed to in writing by the Owner for the lesser.
4.2
Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and
not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. In the event
of a conflict among the Contract Documents, unless otherwise agreed to in writing by the Owner, the most
stringent requirements applicable to the CMR shall control.
4.3 In case of conflicts between the provisions of this Contract, any ancillary documents executed contemporaneously
herewith or prior hereto, or any other of the Contract Documents, the provisions of this Contract (including all
Exhibits) shall prevail in the order of preference stated in the General Conditions (See § 1.1.7).
4.4 The organization of the Specifications into divisions and sections and the arrangement of drawings shall not control
CMR in dividing the Work among subcontractors or in establishing the extent of the work to be performed by any
trade. The organization of the Specifications and the arrangement of the Drawings are for the convenience of the
CMR and is not intended to relieve the CMR from its obligation to conduct a complete study of the Drawings,
Specifications and Addenda for the purpose of directing and coordinating the various subcontractors and suppliers
as to their respective responsibilities.
ARTICLE 5 - DESIGN PROFESSIONAL’S AUTHORITY
5.1
Design Professional will provide overall technical and management services to assist the Owner in maintaining
schedules, establishing budgets, controlling costs, and achieving quality.
5.2
If at any time the Design Professional observes or becomes aware of any fault or defect in the Work or of any
nonconformance with the Contract Documents, Design Professional will promptly notify the Owner and CMR in
writing and will recommend reasonable steps be taken to correct such fault, defect or nonconformance. The Owner
shall have the authority to reject work that does not, in its opinion, conform to the Contract Documents.
5.3 Design Professional shall monitor and report to the Owner the overall quality and progress of the Work.
5.4 Design Professional shall not have control over construction means, method, techniques, sequences and procedures
employed by CMR in the performance of the work, but shall be responsible for using its best efforts to review and,
if unacceptable, disapprove such and shall recommend a course of action to the Owner if requirements of the Contract
Documents are not being met by CMR.
5.5 The Owner will be assisted by Design Professional in the areas of on-site review of work in progress, review of pay
requests submitted by the CMR, assisting in the interpretation of the intent of the Contract Documents for the proper
execution of the work, and such other assistance as the Owner may request.
5.6 The Design Professional shall have no authority to order or approve any deviation from the Contract Documents, if
such deviation affects the Cost of the Work, or the date of Substantial Completion. In the event any such deviation
is sought by Design Professional or CMR, prior written approval from the Owner must be obtained.
5.7 Any responsibility not specifically delegated to the Design Professional in the contract between the Owner and the
Design Professional and not identified as responsibility of the Owner in the Contract shall be deemed a question of
means and methods and shall be the responsibility of the CMR.
ARTICLE 6 - TIME FOR PERFORMANCE
6.1
CONTRACT TIME:
6.1.1
CMR shall be instructed to commence the work by written Notice-to-Proceed issued by the Owner. The
Notice-to-Proceed will not be issued until CMR’s submission to Owner of all required documents and
after execution of the CONTRACT by both parties. Preliminary work, including submission of a
Baseline Project Schedule, Schedule of Values, Submittal Schedule, completed security clearance
documents for all personnel and a subcontractor list, performance of work that does not require permits,
shall be submitted within ten (10) calendar days after the date of the Notice-to-Proceed. Receipt of all
permits, the Guaranteed Maximum Price, insurance documents, payment bond and performance bond
documents and the signed contract are all conditions precedent to the issuance of a Notice-to-Proceed
for all other Work. The Work to be performed pursuant to the Notice-to-Proceed shall commence within
ten (10) calendar days of the Project Initiation Date specified in the Notice-to-Proceed.
6.1.2
Time is of the essence throughout this contract. The Project shall be substantially completed within 180
calendar days from the date of the Notice to Proceed. The total Project shall be completed and ready for
final payment in accordance with Article 8 within 30 calendar days from the date certified by Design
Professional as the date of Substantial Completion.
6.1.3
Upon failure of CMR to substantially complete the Project within the specified period of time, plus
approved time extensions, CMR shall pay to Owner the maximum sum of One Thousand, Seven Hundred
Seventy-Six Dollars ($1,776.00) for each calendar day after the time specified in Article 6.1.2 above.
The actual liquidated damages cost, including back-up will be forwarded to the CMR. In any case the
actual liquidated damages amount shall not exceed the maximum sum indicated above. After Substantial
Completion, should CMR fail to complete the remaining work within the time specified in Article 6.1.2
above, plus approved time extensions thereof, for completion and readiness for Final Completion, CMR
shall pay to Owner the maximum sum of One Thousand, Seven Hundred Seventy-Six Dollars
($1,776.00) for each calendar day after the time specified in Article 6.1.2 above. The actual liquidated
damages cost, including back-up will be forwarded to the CMR. In any case the actual liquidated
damages amount shall not exceed the maximum sum indicated above. These amounts are not penalties
but are liquidated damages to Owner for its inability to obtain full beneficial occupancy of the Project.
6.1.4
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility
or difficulty of precisely ascertaining the amount of damages that will be sustained by Owner as a
consequence of such delay, and both parties desiring to obviate any questions of dispute concerning the
amount of said damages and the cost and effect of the failure of CMR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to Substantial Completion and Final
Completion.
6.1.5
The Owner is authorized to deduct liquidated damages from monies due to CMR for the work under this
contract or as much thereof as Owner may, at its option, deem just and reasonable.
6.1.6
CMR shall be responsible for reimbursing Owner, in addition to liquidated damages, for all actual costs
incurred by Design Professional in administering the construction of the Project beyond the completion
dates specified above or beyond an approved extension of time granted to CMR, whichever date is later.
Such costs shall be deducted from the monies due CMR for performance of work under this contract by
means of unilateral deductive change orders by Owner.
6.1.7
Extensions to the Contract Time for delays caused by the effects of adverse weather shall be submitted
as a request for change in Contract Time pursuant to Article 6.3. If adverse weather conditions are the
basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather
conditions were abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction.
6.2
SUBSTANTIAL COMPLETION DATE:
6.2.1
When CMR considers that the Work, or portion thereof designated by Owner pursuant to Article 6.4
hereof, has reached Substantial Completion, CMR shall notify the Owner and Design Professional in
writing. If in agreement the Design Professional and the Owner shall then promptly inspect the work.
6.2.2
When Owner, on the basis of such an inspection and approved submissions, determines that the work or
designated portion thereof is substantially complete, Design Professional will then prepare a Certificate
of Substantial Completion by utilizing form No. AIA G704 or a comparable form, which shall establish
the Date of Substantial Completion; shall state the responsibilities of Owner and CMR for security,
operation, safety, maintenance, utilities, damage to the work, insurance, and warranties; shall list all
work yet to be completed (Punch List) to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does not alter the
responsibility of CMR to complete all of the work in accordance with the Contract Documents. The
Certificate of Substantial Completion shall be submitted to the Owner, after execution by CMR, and
Design Professional, indicating their written acceptance of such certificate.
6.3
NOTIFICATION OF CHANGE OF CONTRACT TIME OR CONTRACT PRICE:
6.3.1
Any claim for a change in the Contract Time or Contract Price shall be made by written notice and delivered
by CMR to the Owner within five (5) calendar days of the commencement of the event giving rise to the
claim and stating the general nature of the claim. Notice of the nature and elements of the claim shall be
delivered within twenty (20) calendar days after the date of such written notice. Thereafter, within ten (10)
calendar days of the termination of the event giving rise to the claim, notice of the extent of the claim with
supporting data shall be delivered unless the Owner allows an additional period of time to ascertain more
accurate data in support of the claim and shall be accompanied by CMR’s written statement and explanation
how the adjustment claimed is justified as a result of the occurrence of said event. All claims for adjustment
in the Contract Time or contract price shall ultimately be determined by Owner in accordance with Article
28 hereof, if Owner and CMR cannot otherwise agree. NO CLAIM FOR AN ADJUSTMENT IN THE
CONTRACT TIME OR CONTRACT PRICE WILL BE VALID IF NOT SUBMITTED IN STRICT
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND ARTICLE 28 HEREOF.
6.3.2
The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of
and through no fault or negligence of CMR if a claim is made therefore as provided in Articles 6.3.1 and
7.7. Such delays shall include, but not be limited to, acts or neglect by any separate independent
contractors employed by Owner, fires, floods, labor disputes, epidemics, abnormal weather conditions
or acts of God.
6.3.3
All approved Change Orders will be considered full and final and inclusive of all claims related thereto,
both as to time and costs.
6.4
USE OF COMPLETED PORTIONS:
6.4.1
Owner shall have the right, at its sole option, to take possession of and use of any completed or partially
completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of
the Work not completed in accordance with the Contract Documents. If such possession and use
increases the cost of or delays of the work, CMR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, by appropriate adjustment pursuant to Articles 7.4 and 7.5 hereof.
6.4.2
In the event Owner takes possession of any completed or partially completed portions of the Project, the
following shall occur:
6.4.2.1
Owner shall give notice to CMR in writing at least fifteen (15) calendar days prior to Owner’s
intended occupancy of a designated area.
6.4.2.2
CMR shall complete to the point of Substantial Completion the designated area. Additionally,
CMR shall submit a request for an inspection and issuance of a Certificate of Substantial
Completion (AIA - Form G704 or equivalent) for the designated area. The CMR’s open
punch list for that area shall be attached to the request for Substantial Completion.
6.4.2.2.1
Upon Design Professional’s issuance of a Certificate of Substantial Completion,
Owner will assume full responsibility for maintenance, utilities, subsequent
damages of the area by the Owner and the public, adjustment of insurance
coverage and start of warranty for the occupied area.
6.4.2.3
If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to a time
mutually agreed upon by Owner and CMR and to which the insurance company or companies
providing the property insurance have consented by endorsement to the policy or policies.
Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on
account of such partial occupancy or use. Consent of CMR and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
ARTICLE 7 - CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
7.1
CHANGE ORDER - AMENDMENTS:
7.1.1
Any changes to the terms of the Contract Documents must be contained in a written document, executed
by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work
reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by
Owner as hereinafter provided.
7.1.2
All amendments to this Contract shall be in writing and approved/signed by both parties.
7.1.3
EXTRA WORK: Without invalidating the Contract and without notice to the surety, the Owner reserves
and shall have the right to make such increases, decreases or other changes in the character, timing, or
quantity of the work as may be considered necessary or desirable to complete fully and acceptably the
proposed construction in a satisfactory manner. Any extra or additional work within the scope of this
Project must be accomplished by means of an appropriate Change Order in accordance with the
requirements of the Contract Documents.
7.1.4
EXPEDITING THE WORK: The Owner may direct the CMR to expedite the work by whatever means
the CMR may choose, including, without limitation, increasing staffing or working overtime to bring the
work back within the progress schedule. If the expediting of Work is required due to reasons outside the
control or responsibility of the CMR, then the additional costs incurred shall be the subject of an
appropriate adjustment issued pursuant to Articles 7.4 and Article 7.5, below, as applicable.
7.2
CHANGE ORDER PROCEDURES:
7.2.1
Changes in the quantity or character of the work within the scope of the Project including ones which are
the subject of Field Orders or Supplemental Instructions, and including all changes resulting in changes in
the contract price, or the Contract Time, shall be authorized only by written change orders approved and
issued in advance of the work and in accordance with the provisions of the Contract Documents and Article
5 of the Maricopa County Procurement Code which is deemed to be incorporated by reference herein as
though set forth in full.
7.2.2
The CMR’s overhead and fee on such changes which exceeds GMP shall be determined by a mutually
acceptable agreement between the Owner and CMR prior to execution of this Contract. The CMR’s fee
for change order requests for this project shall be 5%. The combined total of overhead and fee for change
order requests will not exceed 5%.
7.2.3
Subcontractor’s percentage markup on change orders for overhead and profit shall be reasonable, but in no
event shall the aggregate of the subcontractor’s overhead and profit markups exceed fifteen percent (15%).
In the event subcontractor is affiliated with the CMR by common ownership or management, or is
effectively controlled by the CMR, no fee will be allowed on the subcontractor costs. In the event there is
more than one level of subcontractor, such as second and third tier subcontractors, the sum of all of the
subcontractor’s percentage markups for overhead and profit shall not in the aggregate exceed twenty
percent (20%).
7.2.4
CMR shall not start work on any changes requiring an increase in the contract price or the Contract Time
until a Change Order setting forth adjustments is approved and issued by the Owner. If the CMR
commences work pertaining to a Change Order prior to receiving written authorization through the Owner
it does so at its own risk and assumes all associated responsibility and costs. Upon receipt of a Change
Order, CMR shall promptly proceed with the work set forth within the document.
7.2.5
In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price
or Contract Time, and a Change Order has not been issued, Owner reserves the right at its sole option to
either issue a Construction Directive, terminate the Contract as it applies to the items in question and make
such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in
dispute to ADR as set forth in the attached Exhibit, incorporated herein. During the pendency of the
dispute, and upon receipt of a Construction Directive or Change Order, CMR shall promptly proceed with
the change in the work involved and advise the Owner in writing within seven (7) calendar days of CMR’s
agreement or disagreement with the method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
7.2.6
On approval of any Contract change increasing the contract price, CMR shall ensure that the Performance
Bond and Payment Bond are increased so that each reflects the total contract price as increased.
7.2.7
To avoid delays to the Project and to mitigate damages to the parties, Change Orders may be issued
unilaterally by Owner in accordance Article 5 of the Maricopa County Procurement Code and the Article
5 Procedures Manual.
7.2.8
All approved Change Orders will be deemed final and inclusive of all claims related thereto, including
costs and time.
7.3
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS:
7.3.1
The Design Professional shall have the right to approve and issue changes setting forth written
interpretations of the intent of the Contract Documents and ordering minor changes in work execution,
providing the Field Order involves no change in the Contract Price or Contract Time.
7.3.2
Design Professional shall have the right to approve and issue Supplemental Instructions setting forth
written orders, instruction, or interpretations concerning the Contract Documents, provided such
supplemental instructions involve no change in the contract price or Contract Time.
7.4
NO DAMAGES FOR DELAY: No claim for damages, or any claim other than for an extension of time, shall be
made or asserted against Owner by reason of any delays unless such delay is one for which the Owner is
responsible, which is unreasonable under the circumstances and which was not one within the contemplation of
the parties at the time of contracting. Otherwise CMR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from Owner for direct, indirect, consequential, impact or other costs,
expenses or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay,
disruption, Eichleay Formula Costs, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable
or unavoidable; provided further, however, that this provision shall not preclude recovery of damages by CMR
for hindrance or delays due solely to fraud, bad faith or active interference on the part of Owner or its agents.
Otherwise, CMR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for
such resulting delay, in accordance with and to the extent specifically provided above.
7.5
EXCUSABLE DELAY: COMPENSABLE & NON-COMPENSABLE:
7.5.1
Excusable Delay: Delay which extends the completion of the work which is caused by circumstances
beyond the control of CMR or its subcontractors, materials persons, suppliers, or vendors is Excusable
Delay. CMR is entitled to a time extension of the Contract Time for each day the work is delayed due to
excusable delay. CMR shall document its claim for any time extensions as provided in Article 6.3 hereof.
7.5.1.1 Failure of CMR to timely comply with Article 6.3 hereof as to any particular event of delay shall
be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all
claims resulting from that particular event of delay.
7.5.2
Excusable Delay may be compensable or non-compensable.
7.5.2.1 Compensable Excusable Delay. Excusable Delay is only compensable when: (i) the delay extends
the Contract Time, and (ii) is one for which the Owner is responsible, which is unreasonable under
the circumstances and one not within the contemplation of the parties at the time of contracting or
is due solely to fraud, bad faith or active interference on the part of Owner or its Design
Professional. In no event shall CMR be compensated for interim or non-critical delays, which do
not extend the Contract Time. CMR shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by CMR shall be limited to actual additional costs
allowed pursuant to Article 8.3 hereof. All indirect costs shall be compensated through the
overhead percentage previously agreed to for revisions.
7.5.2.2 Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances
beyond the control of CMR, its subcontractors, material persons, suppliers and vendors, or is also
caused by circumstances beyond the control of the Owner or (ii) is caused jointly or concurrently
by CMR or its subcontractors, materials persons, suppliers or vendors and by the Owner or Design
Professional, then CMR shall be entitled only to a time extension and no further compensation for
the delay.
ARTICLE 8 - PAYMENTS AND COST OF THE WORK
8.1
In full consideration of the full and complete performance of the Work and all other obligations of the CMR
hereunder, the Owner shall pay to the CMR a sum of money not to exceed the contract price which is defined to
be the total of: (i) the CMR’s Direct Construction Cost, (ii) so much of the CMR’s General Conditions and
General Requirements as may have been expended, (iii) so much of the approved amount of the Owner
Contingency as may have been expended, and (iv) the CMR’s Overhead and Fee percentage, which amount shall
be determined based upon the total cost of the items above. The contract price shall not exceed the sum shown
in Article 1.1 as the Guaranteed Maximum Price, adjusted to take into account any approved Change Orders, and
shall mean those costs necessarily incurred and paid by the CMR in connection with the performance of all the
work.
8.2
After completion and acceptance of the work, in the event that the Cost of the Work plus the CMR’s “percentage
of cost” fee are less than the Guaranteed Maximum Price after giving effect to adjustments to the GMP made in
accordance with this Contract then the difference between the Cost of the Work plus the CMR’s “percentage of
cost” fee on the one hand and the GMP on the other hand is the “savings”. The savings shall accrue to the Owner
as stated in Article 8.1. The Owner reserves the right to issue a deductive Change Order at any point during the
Project, reducing the Owner Contingency. The Owner also reserves the right to issue a deductive Change Order
at any point during the Project, as agreed to by the CMR, deducting Owner Contingency or calculated savings
from the Guaranteed Maximum Price. In the event that the CMR’s total approved expenditures for the Project
shall exceed the Guaranteed Maximum Price, the CMR shall pay such excess from its own funds, and the Owner
shall not be required to pay any amount that exceeds the GMP; and the CMR shall have no claim against the
Owner on account thereof.
8.3
The term “Cost of the Work” shall mean the sum of all direct costs necessarily and reasonably incurred and paid
by the CMR in the performance of the Work. Such costs shall be at rates not higher than those customarily paid
in the locality of the Project except with the prior written consent of Owner. The Cost of the Work shall include
only those items set forth in this Article 8.3 and shall not include any items listed in Article 8.4. Cost of the
Work shall be determined as follows:
8.3.1
SUBCONTRACTOR COSTS:
8.3.1.1
The CMR’s Direct Construction Cost, for the work as generally described in Exhibit A,
attached hereto, to be performed by the CMR or performed by subcontractor selected in
accordance with Article 11, below. Where the work is covered by unit prices contained in the
Contract Documents or an applicable subcontract, the Cost of the Work shall be determined
by application of unit prices to the quantities of items involved.
8.3.1.2
Whenever a change in subcontractor work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change-in-cost, CMR shall submit an initial
cost estimate obtained from the subcontractor and acceptable to Owner subject to the
Limitations set forth in Article 7.4. The breakdown shall list the quantities and earlier agreed
unit prices for materials, labor, equipment and other items of cost. Whenever a change
involves more than one subcontractor and the change is an increase in the GMP, overhead and
profit percentage of each subcontractor and CMR, if applicable, shall be itemized separately.
8.3.1.3
If the subcontract provides that the subcontractor is to be paid on the basis of Cost of the Work
plus a fee, the subcontractor’s Cost of the Work shall be determined in the same manner as
CMR’s Cost of the Work, subject to the limitation on subcontractor’s fees set forth in Article
7.4.
8.3.1.4
If changes to subcontracted work affected the GMP, such changes shall be accomplished in
accordance with Article 7.4, Change Orders. The amount of decrease in the GMP, for any
change that results in a net decrease in cost, will be the amount of the actual net decrease.
When both additions and decreases are involved in any one change, the combined effect shall
be figured on the basis of the net change in the GMP, if any.
8.3.2
CMR’S LABOR COSTS: Costs for employees in the direct employ of CMR in the performance of the
work described in the Contract Documents. In lieu of wages and a labor burden, it is agreed that wages
shall be reimbursed in accordance with Attachment A – Billable Rate Schedule, which shall be mutually
agreed upon for the duration of the Project by Owner and CMR. Costs for employees not employed full
time on the work covered by the Contract shall be apportioned on the basis of the time the employees
spent on the work. In lieu of wages and a labor burden, it is agreed that wages shall be reimbursed in
accordance with Attachment “A” - Billable Rate Schedule. Rates included in Attachment A – Billable
Rate Schedule shall include salaries, social security contributions, unemployment, excise and payroll
taxes, working compensation, health insurance, sick leave, pensions or 401k programs, vacation and
holiday pay. A detailed accounting of time spent on the Project must be provided at the request of the
County within seven (7) business days of the receipt by the CMR of written request therefor.
8.3.3
MATERIALS AND EQUIPMENT: Cost of all materials and equipment furnished and incorporated in
the work, including costs of transportation and storage thereof, and manufacturers’ field services required
in connection therewith, adjusted in accordance with Article 10, pertaining to Discounts, Rebates and
Refunds; rentals of all construction equipment and machinery and the parts thereof whether rented from
CMR of others in accordance with rental agreements and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The
rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary
for the work.
8.3.4
MISCELLANEOUS COSTS:
8.3.4.1
The cost, as documented by the CMR’s detailed receipts, of telephone, telegrams, postage,
photographs, blueprints, office supplies, first aid supplies and related miscellaneous costs
reasonably incurred in direct support of the work at the Project location.
8.3.4.2
Premiums on bonds and insurance, including subcontractor bonds, if any that the CMR secures
and maintains under the terms of the CONTRACT DOCUMENTS and such other insurance
and bonds as may be required, All insurance and bonds shall be provided by companies
acceptable to the Owner ‘s Risk Manager.
8.3.4.3
Self-insurance by the CMR or insurance through any affiliates of CMR shall not be permitted
without the Owner’s prior written approval. Owner’s approval shall not be required on a
subcontractor bond, and premiums thereof shall be considered a Cost of the Work.
8.3.4.4
The cost of obtaining and using any utility services required for the Work that are not paid
directly by Owner, including fuel and sanitary services at the Project site.
8.3.4.5
The cost of removal of debris from the site. The Project site, lay-down locations, and staging
sites will be kept clear of all debris on a daily basis. All subcontracts shall require
subcontractors to remove all debris daily created by their activities, and the CMR shall exercise
reasonable efforts to enforce such requirements or effect the removal of the debris of the
subcontractors who fail in this regard. Provided, however, the CMR shall not be required to
remove debris created by the Owner’s separate CMRs except pursuant to Change Order
procedures set forth herein.
8.3.4.6
The cost and expenses, actually sustained by the CMR in connection with the work, of
protecting and repairing adjoining property, if required, except to the extent that any such cost
or expense is:
8.3.4.6.1
the responsibility of the CMR under Article 13, reimbursable by insurance or
otherwise;
8.3.4.6.2
Due to the failure of the CMR to comply with the requirements of the Contract
Documents with respect to insurance; or
8.3.4.6.3
Due to the failure of any officer of the CMR or any of its representatives having
supervision or direction of the Work to exercise good faith or the standard of care
normally exercised in the conduct of the business CMR experienced in the
performance of work of the magnitude, complexity and type encompassed by the
Contract Documents, in any of which events any such expenses shall not be
included in CMR’s costs.
8.3.4.7
Federal, state, municipal, sales, use and other taxes required by law, as applicable to the
Project, all with respect to service performed or materials furnished for the work, it being
understood that none of the foregoing includes, federal, state or local income or franchise
taxes.
8.3.4.8
All reasonable costs and expenditures necessary for the operation of the Project job site
office(s), including cost of field computer equipment and software.
8.3.4.9
The proportion of necessary transportation, travel and subsistence expenses of CMR’s
employees, excluding travel time, incurred in discharge of duties connected with the work
except for local travel to and from the site of the Work. Out of state travel must be approved
in advance in writing by the Owner.
8.3.4.10 Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by
the workers, which are consumed in the performance of the work, and cost less market value
of such items used but not consumed which remain the property of CMR.
8.3.4.11 Deposits lost for causes other than CMR’s negligence, royalty payments and fees for permits
and licenses.
8.3.4.12 Cost of premiums for additional bonds and insurance required because of changes in the Work.
8.3.4.13 Cost of special Design Professionals, including, but not limited to, engineers, architects,
testing laboratories, surveyors employed for services specifically related to the Work except
for those required for deferred submittals.
8.3.4.14 Any other expenses or changes incurred, with the prior written approval of the Owner, in the
performance of the Work.
8.4
EXCLUSIONS TO COST OF THE WORK: Overhead is defined as any and all other costs, not referenced in
Article 8.3, of the CMR and its operation which are not in direct support of the Project. The CMR agrees to
furnish and perform, as a part of the CMR’s Fee and without reimbursement, said overhead items. The term
“Cost of the Work” shall not include any of the following:
8.4.1
Payroll costs and other compensation of CMR’s officers, executives, principals (of partnership and sole
proprietorship), general managers, estimators, purchasing and contracting agents, clerks and other
personnel employed by CMR whether or not approved by the Owner whether at the site or in its principal
or a branch office for general administration that are not specifically included in the General Conditions
are to be considered administrative costs covered by CMR’s fee.
8.4.2
Other than those expenses authorized on Exhibit B, expenses of CMR’s principal and branch offices.
8.4.3
Any part of CMR’s capital expenses, including interest on CMR’s capital employed for the Work and
charges against CMR for delinquent payments.
8.4.4
Other overhead, general expense costs or charges of any kind and the cost of any item not specifically
and expressly included in Article 8.3.
8.4.5
Costs in excess of the Guaranteed Maximum Price.
8.4.6
Entertainment and meal expenses, car allowances and charges of a personal nature.
8.4.7
Bonuses, pensions, profit sharing or other special labor charges not included in Article 8.3.2, above.
8.4.8
Any outside legal or accounting fees incurred without prior written approval from the Owner, which
approval is at the sole discretion of the Owner.
8.5
PROGRESS PAYMENTS:
8.5.1
CMR may make Application for Payment for Work completed during the Project utilizing AIA form
702/703 or equivalent at intervals of not more than once a month. CMR shall submit such applications
to the Owner and Design Professional. CMR’s application shall show a complete breakdown of the
Project components, the percentages completed and the fees and General Conditions amounts due in
proportion to the percentages of the Work completed. Each application shall be accompanied by such
supporting evidence as may be reasonably required by Owner and Design Professional, however each
application shall, at a minimum be accompanied by a conditional lien waiver, and in addition thereto, an
unconditional lien waiver for the preceding application for payment. CMR shall submit with each
Application for Payment, an updated progress construction schedule acceptable to the Owner and Design
Professional. Each Application for Payment shall be accompanied by a completed SBE Program
Participation Reporting form in the form attached hereto as an Exhibit. Owner shall make payment to
CMR, as required by A.R.S. § 34-609 and the Prompt Payment Act.
8.5.2
Ten percent (10%) of all monies earned by CMR shall be retained by Owner until Final Completion and
acceptance by Owner in accordance with Article 8.5.4 hereof.
8.5.3
After fifty percent (50%) of the Work has been completed, the Owner may reduce the total retainage
held to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction
in retainage shall be in the sole discretion of the Owner, and CMR shall have no entitlement to a
reduction. Any interest earned on retainage shall accrue solely to the benefit of Owner.
8.5.4
The CMR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of
retention. The CMR is required to request this option at least ten (10) business days prior to submission
of first Application for Payment to allow time for preparation of forms.
8.5.5
Owner may withhold, in whole or in part, any progress payment to CMR to such extent as may be
sufficient to pay the Expenses the Owner reasonably expects to incur to correct an deficiency in the Work
set forth in specific written findings by Design Professional or Owner prepared for those items in the pay
application of the estimate of the Work that are not approved for payment in that pay application under
Contract. If Owner in its good faith judgment, determines that the portion of the GMP then remaining
unpaid will not be sufficient to complete the Work in accordance with Contract Documents as set forth
in written detail and provided to CMR pursuant to A.R.S. § 34-609, no additional payments will be due
to CMR hereunder unless and until CMR, at its sole cost, performs a sufficient portion of the Work so
that such portion of the GMP then remaining unpaid is determined by Design Professional and the Owner
to be sufficient to so complete the Work. It is the intention of this Article 8.5 to provide Owner with the
maximum protection afforded an Owner under the Prompt Pay Provisions of A.R.S. § 34-609.
8.5.6
The Schedule of Values, prepared in accordance with Exhibit B, shall reflect the CSI Divisions including
the cost of materials, the cost of labor, the cost of equipment and the cost of subcontractor Work. Each
monthly Application for Payment shall be for a sum equal to (i) that portion of the CMR’s Direct
Construction Cost equal to the percentage of the Work completed; plus (ii) an appropriate amount of the
CMR ‘s General Conditions Costs and Fees as related to the percentage of the Work completed. The
calculation of the percentage of the Work completed shall be in accordance with the approved Progress
Schedule; provided, however, prior to the date of the Final Request, and unless subject to reduction under
Article 8.5.2, the aggregate of the CMR’s Fee payments shall not exceed Ninety (90%) percent of the
CMR’s Fee as stated in Article 8.3.
8.5.7
The CMR’s Direct Construction Cost shall be segregated and detailed in a manner satisfactory to the
Design Professional and the Owner to evaluate the charges. The Request for Payment shall indicate the
percentage of completion of each portion of the Work, and the total Work, as of the end of the period
covered by the Application for Payment. The Schedule of Values shall be used as one basis for reviewing
the Request for Payment when such amounts are approved.
8.6
The Design Professional and Owner shall review each such Request for Payment and may make such exceptions,
as the Design Professional and the Owner reasonably deem necessary or appropriate under the state of
circumstances then existing. Final determination resides with the Owner. In no event shall the Owner be required
to make payment for items of the CMR’s Cost to which the Owner reasonably take(s) exception.
8.7
CMR shall remain solely liable for subcontractor’s Work and for any unpaid laborers, material suppliers or
subcontractors in the event it is later discovered that said Work is deficient or that any of said laborers, material
suppliers or subcontractors did not receive payments due them on the Project.
8.8
Within 30 calendar days after Final Completion of the Work and acceptance thereof by the Owner, the CMR
shall submit a Final Request for Payment (Final Request) to the Owner, which shall set forth all amounts due
and remaining unpaid to the CMR (including the unpaid portion of the CMR’s Fee).
8.9
Except for the CMR’s Fee, the CMR shall use the sums paid to it pursuant to this Article 8 solely for the purpose
of performance of the Work and the construction, furnishing and equipping of the Work in accordance with the
Contract Documents and payments of bills incurred by the CMR in performance of the Work.
8.10
The CMR shall promptly pay all bills for labor and material performed and furnished by its subcontractors,
suppliers and materials providers, in connection with the construction, furnishing and equipping of the Work and
the performance of the Work.
8.11
PROJECT CLOSEOUT: Prior to the Notice of Final Completion being issued, any remaining monies in the
Guaranteed Maximum Price shall be returned to the Owner through a final deductive Change Order issued by
the Owner, reducing the Guaranteed Maximum Price. Final Payment shall only be made after full execution of
the final deductive Change Order.
ARTICLE 9 - CONTINGENCY
9.1
OWNER CONTINGENCY: The GMP may include an Owner Contingency in an amount agreed to between the
Owner and the CMR. Subject to the terms of the Contract and with prior written Owner approval through a
“Contingency Use Approval” form, CMR shall be allowed to utilize Owner Contingency for increases in the
scope of the work that could not have been reasonably anticipated. The Owner may disallow such Owner
Contingency use and deny reimbursement in the absence of prior written notice or if the Owner determines that
the use was not consistent with the Contract or that the CMR should have been reasonably anticipated to be in
the scope of the Contract. CMR may not apply, use or allocate from the Owner Contingency any amounts for
any of the following:
A material breach or material failure to perform by the CMR;
To pay any subcontractor, vendor, or any party that is liable or responsible at law or under the Contract;
or
For any non-allowable costs of the work
The Owner Contingency may also be used at the discretion of the Owner to cover any increases in Project costs
that resulted from Owner directed changes. The OWNER reserves the right to issue a deductive Change Order
at any point during the Project, as agreed to by the CMR, deducting any or all remaining Owner Contingency
from the GMP. Upon Substantial Completion the Owner shall issue a deductive Change Order for the remaining
Owner Contingency balance.
ARTICLE 10 - DISCOUNTS, REBATES AND REFUNDS
10.1
All cash discounts obtained on payments made by the CMR shall accrue to the Owner irrespective of whether or
not the CMR actually advanced its own funds, prior to receipt of funds from Owner, to make the payment giving
rise to the discount.
ARTICLE 11 - SUBCONTRACTS AND PURCHASE ORDERS
11.1
All Work, including work to be specifically performed by the CMR, must be obtained via competitive pricing
and subcontract, in compliance with the requirements of this Article 11 and A.R.S. Titles 34 and 41, for the
balance of the CMR’s Direct Construction Cost required under this Contract. All subcontracts and purchase
orders shall be awarded according to the following procedure:
11.2
The CMR shall prepare for Design Professional’s and Owner’s review and approval a list of pre-qualified
subcontractors and suppliers for each bid who meet the CMR’s schedule of minimum requirements. The CMR
shall obtain bids from a minimum of three (3) such subcontractors for each subcontract, when available. If the
CMR is unable to do so for any subcontract, it must request and obtain the approval of the Owner. After receiving
such bids, the CMR shall analyze them and make recommendations to the Owner and Design Professional for
awards in compliance with A.R.S. Title 34. Unless the Design Professional and Owner determine any such
subcontract to be unacceptable, the CMR shall contract solely in its own name and behalf, and not in the name
or behalf of the Owner, with the specified subcontractor or supplier. The CMR’s subcontract form shall provide:
that the subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this
Contract and the other Contract Documents; that subcontractor is bound to the CMR to the same extent that the
CMR is bound to the Owner; that the CMR and Owner shall be named as additional insureds on subcontractor’s
comprehensive general liability insurance policy and provide an insurance certificate evidencing the same; for
termination of the subcontract by the CMR in the same manner and method as provided in Article 27 of this
Contract, or as otherwise provided in such subcontract, whichever is more protective of the Owner’s interest;
subcontractor shall comply with A.R.S. § 41-4401; and shall further provide that, in the event this Contract is
terminated for any reason, that the subcontract shall, at the Owner’s option, be assigned to Owner and
subcontractor shall perform its subcontract for the Owner, or for a CMR designated by the Owner, without
additional or increased cost, provided the subcontractor is paid in accordance with its subcontract. The CMR
shall sign, and shall cause each subcontractor to sign, an Assignment of Rights under Construction Subcontract.
Nothing contained herein shall impose on the Owner an obligation to assume any subcontract or to make any
payments to any subcontractor to perform and nothing contained herein shall create any contractual relationship
between the Owner and any subcontractor. The subcontractor selection and management plan submitted by
CMR is incorporated herein by this reference as Exhibit H.
ARTICLE 12 - INSURANCE
12.1
The CMR, at the CMR’S own expense, shall purchase and maintain the herein stipulated minimum insurance
from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc.
rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company
or companies, which are authorized to do business in the State of Arizona, provided that said insurance
companies meet the approval of COUNTY. The form of any insurance policies and forms must be acceptable
to COUNTY.
12.1.1 All insurance required herein shall be maintained in full force and effect until all work or service required
to be performed under the terms of the Contract is satisfactorily completed and formally accepted.
Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract.
12.1.2 CMR’S insurance shall be primary insurance as respects COUNTY, and any insurance or self-insurance
maintained by COUNTY shall not contribute to it.
12.1.3 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under the insurance
policies.
12.1.4 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such
deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to
COUNTY under such policies. CMR shall be solely responsible for the deductible and/or self-insured
retention and COUNTY, at its option, may require the CMR to secure payment of such deductibles or
self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
12.1.5 COUNTY reserves the right to request and to receive, within ten (10) working days, certified copies of
any or all of the herein required insurance policies and/or endorsements and any amendments thereto.
COUNTY shall not be obligated, however, to review such policies and/or endorsements or to advise the
CMR of any deficiencies in such policies and endorsements, and such receipt shall not relieve the CMR
from, or be deemed a waiver of Maricopa COUNTY’S right to insist on strict fulfillment of the CMR’S
obligations under this Contract.
12.1.6 The insurance policies required by this Contract, except Workers’ Compensation, shall name Maricopa
County, its officers, elected officials, employees, agents and representatives as Additional Insured’s.
12.1.7 The policies required hereunder shall contain a waiver of transfer of rights of recovery (subrogation)
against Maricopa County, its officers, elected officials, employees, agents and representatives for any
claims arising out of the CMR’S work or service.
12.1.8 CMR is required to procure and maintain the following coverage’s:
12.1.8.1 Commercial General Liability. Commercial General Liability insurance and, when necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$2,000,000 Personal/Advertising Injury, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for
bodily injury, broad form property damage, and blanket contractual coverage, and shall not
contain any provision that would serve to limit third party action over claims. There shall be
no endorsement or modification of the CGL limiting the scope of coverage for liability arising
from explosion, collapse, or underground property damage.
12.1.8.2 Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily injury and property
damage of not less than $2,000,000 each occurrence with respect to any of the CMR’S owned,
hired, and non-owned vehicles assigned to or used in performance of the CMR’s work or
services under this Contract.
12.1.8.3 Workers’ Compensation. Workers’ Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of the CMR’s employees engaged in the
performance of the work or services under this Contract; and Employer’s Liability insurance
of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
12.1.8.4 Builder’s Risk (Property) Insurance. CMR shall purchase and maintain, on a replacement
cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the
amount of the initial Contract amount as well as subsequent modifications thereto for the entire
work at the site. Such Builders’ Risk insurance shall be maintained until final payment has
been made or until no person or entity other than COUNTY has an insurable interest in the
property required to be covered, whichever is earlier. This insurance shall include interests of
COUNTY, CMR, and all subcontractors and sub‐subcontractors in the work during the life of
the Contract and course of construction, and shall continue until the work is completed and
accepted by COUNTY. For new construction Projects, CMR agrees to assume full
responsibility for loss or damage to the work being performed and to the structures under
construction. For renovation construction Projects, CMR agrees to assume responsibility for
loss or damage to the work being performed at least up to the full Contract amount, unless
otherwise required by the Contract documents or amendments thereto.
12.1.8.5 Builders’ Risk insurance shall be on a special form and shall also cover false work and
temporary buildings and shall insure against risk of direct physical loss or damage from external
causes including debris removal, demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for architect’s service and expenses
required as a result of such insured loss and other “soft costs” as required by the Contract.
12.1.8.5.1 Builders’ Risk insurance must provide coverage from the time any covered
property comes under CMR’S control and/or responsibility, and continue without
interruption during construction, renovation, or installation, including any time
during which the covered property is being transported to the construction
installation site, and while on the construction or installation site awaiting
installation. The policy will provide coverage while the covered premises or any
part thereof are occupied. Builders’ Risk insurance shall be primary and any
insurance or self‐insurance maintained by the County is not contributory.
12.1.8.5.2 COUNTY and CMR waive all rights against each other and against all
Subcontractors, sub-Subcontractors, material Suppliers, and the Design
Professional, for damages caused by fire or other perils covered by Builder’s Risk
or any other property insurance, except such rights as they may have to the
proceeds of such insurance. Such insurance may be subject to an amount
deductible from the sums otherwise payable thereunder and the burden of such
deduction shall be borne by the CMR. The COUNTY or CMR, as appropriate,
shall require of the Design Professional, Design Professional’s consultants,
separate contractors, if any, and the Subcontractors, sub-Subcontractors, agents,
and employees of any of them, by appropriate agreements, written where legally
required for validity, similar waivers each in favor of other parties enumerated
herein.
12.1.8.5.3 The policy of insurance shall be endorsed to include as an insured Maricopa County, its
officers, elected officials, and employees.
12.1.8.5.4 If the Contract requires testing of equipment or other similar operations, at the option of
COUNTY, CMR will be responsible for providing property insurance for these exposures
under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
12.1.1.1 Environmental Liability Coverage Insurance. Contractor shall maintain in force
for the full period of this contract insurance covering losses caused by pollution
conditions that arise from the operations of the contractor described under the
scope of services of this contract.
12.1.1.1.1 This insurance shall apply to bodily injury; property damage,
including loss of use of damaged property or of property that has not
been physically injured; cleanup costs; and defense, including costs
and expenses incurred in the investigation, defense, or settlement of
claims. The policy of insurance affording these required coverages
shall be written in an amount of at least $2,000,000 per loss, with an
annual aggregate of at least $4,000,000.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 27
12.1.8.6 COVERAGES
Commercial General
Liability
$2,000,000
Each Occurrence
$2,000,000
Personal & Advertising Injury
$4,000,000
General Aggregate
$4,000,000
Products/Completed Operations
Automotive Liability
$2,000,000
Each Occurrence
Workers’ Compensation
$1,000,000
Each Accident
$1,000,000
Disease for Each Employee
$1,000,000
Disease Policy Limit
Builders’ Risk
Replacement Cost
Environmental Liability
$2,000,000
Per Loss
$4,000,000
Annual Aggregate
12.2
CERTIFICATES OF INSURANCE: Prior to commencing work or services under this Contract,
the CMR shall furnish County with Certificates of Insurance and Policy Endorsements in forms
CG 2010 04 13 & CG 2037 04 13, or formal endorsements as required by the Contract in the form
provided by the County, issued by the CMR’s insurer(s), as evidence that policies providing the
required coverage’s, conditions, and limits required by this Contract are in full force and effect.
Such certificates shall identify this contract number and contract title. Subguard insurance will not
be accepted by the COUNTY.
12.2.1 In the event any insurance policy (ies) required by this contract is (are) written on a “claims
made” basis, coverage shall extend for one (1) year past completion and acceptance of the
CMR’s work or services and as evidenced by annual Certificates of Insurance.
12.2.2 If a policy does expire during the life of the Contract, a renewal certificate must be sent to
COUNTY not later than fifteen (15) days prior to the expiration date.
12.3
CANCELLATION AND EXPIRATION NOTICE: Insurance required herein shall not expire, be
canceled, or materially changed without thirty (30) days prior written notice to COUNTY.
ARTICLE 13 - INDEMNIFICATION AND INSURANCE
12.4
CMR’s Duty to Indemnify and Defend. To the fullest extent permitted by law, the CMR shall
defend, indemnify and hold harmless Maricopa County, its officers, elected officials, employees
agents and representatives from and against all claims, damages losses, and expenses, including
but not limited to attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the negligent, reckless, or
intentionally wrongful acts, errors, omissions or mistakes of the CMR, its agents, representatives,
employees, or subcontractors relating to the performance of this Contract. CMR’s duty to defend,
indemnify and hold harmless the Owner, its agents, representatives, officers, directors, officials,
and employees shall arise in connection with any claim, damage loss or expense that is attributable
to bodily injury, sickness, disease, death or injury to, impairment, or destruction of property,
including loss of use resulting therefrom, caused by the referenced acts, errors, omissions or
mistakes in the performance of this Contract, including those made by any person for whose acts,
errors, omissions or mistakes, the CMR may be legally liable.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 28
12.5
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
ARTICLE 14 – PERFORMANCE / PAYMENT BOND AND QUALIFICATIONS OF
SURETY
14.1
Within ten (10) calendar days of being notified of the award, CMR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment
Bond attached hereto. All bonds regardless of form, will be on the form required and set forth in
A.R.S. § 34-222(I).
14.1.1 Each Bond shall be in the amount of one hundred percent (100%) of the GMP guaranteeing
to Owner the completion and performance of the Work covered in such Contract as well
as full payment concerning all suppliers, material providers, laborers, or subcontractors
employed pursuant to this Project. Each Bond shall be with a surety company which is
qualified pursuant to Article 14.2.
14.1.2 Each Bond shall continue in effect for one year after substantial completion and acceptance
of the Work with liability equal to one hundred percent (100%) of the Contract sum, or an
additional bond shall be conditioned that CMR will, upon notification by Owner, correct
any defective or faulty Work or materials which appear within one year after substantial
completion of the Contract.
14.2
QUALIFICATIONS OF SURETY:
14.2.1 Each bond must be executed by a surety company in recognized standing, authorized to do
business in the State of Arizona as surety, having a resident agent in the State of Arizona
and having been in business with a record of successful continuous operation for at least
five years.
14.2.2 The Surety Company shall hold a current certificate of authority as acceptable surety on
federal bonds in accordance with United States Department of Treasury Circular 570,
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety company shall not exceed
the underwriting limitation in the circular, and the excess risks must be protected by
coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1973 (31 DFR Section 223.10, Section 223.111). Further, the Surety
Company shall provide Owner with evidence satisfactory to Owner that such excess risk
has been protected against in an acceptable manner.
14.2.3 The Owner will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the watch
list that is published quarterly by Intercom of the Office of the Arizona Insurance
Commissioner, the Owner shall review and either accept or reject the surety company
based on the financial information available to the Owner. A surety company that is
rejected by the Owner may be substituted by the bidder or proposer with a surety company
acceptable to the Owner, only if the bid amount does not increase. The ratings of Surety
shall correspond to the amount of bonds as follows:
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 29
Policy
Holder’s
Financial Size
Amount of Bond
Ratings
Category
500,001 to 1,000,000
B+
Class I
1,000,001 to 2,000,000
B+
Class II
2,000,001 to 5,000,000
A
Class III
5,000,001 to 10,000,000
A
Class IV
10,000,001 to 25,000,000
A
Class V
25,000,001 to 50,000,000
A
Class VI
50,000,001 or More
A
Class VII
ARTICLE 15 - INDEPENDENT CMR
15.1
In performing, the CMR shall be deemed an independent CMR and not an agent or employee of
the Owner. The CMR shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the Work under
this Contract, unless the Contract Documents give other specific instructions concerning these
matters.
ARTICLE 16 - ACCESS TO AND RETENTION OF PROJECT RECORDS FOR
THE PURPOSE OF AUDIT AND/OR OTHER REVIEW
16.1
Owner or its designee shall have the right to audit, inspect and copy the books and records and
accounts of CMR and all major subcontractors including but not limited to books, records,
correspondence, instructions, drawings, receipts, payment records, vouchers, and memoranda
which relate in any way to the Project, and to any claim for additional compensation made by CMR
which relate to the Project and to any claim for additional compensation made by CMR. CMR
shall preserve and make available to Owner all financial records, supporting documents, statistical
records and any other documents which relate to the Project and to any claim for a period of eight
(8) years, plus one (1) year warranty following final completion of the Project. During the Project
and for the appropriate record retention period, CMR shall provide Owner access to its books and
records at CMR’s usual place of business upon seventy-two (72) hours written notice. If any audit
has been initiated and audit findings have not been resolved at the end of the end of the retention
period or within Five (5) years, whichever is longer, the books, records and accounts shall be
retained until resolution of the audit findings.
16.2
If the Arizona Public Records Act (A.R.S. §39-121.01 et seq.) is determined by Owner to be
applicable to CMR’s records, CMR shall comply with all requirements thereof. Any incomplete
or incorrect entry in such books, records and accounts shall be a basis for Owner’s disallowance
and recovery of any payment upon such entry.
16.2.1 CMR’s records shall include, but not be limited to accounting records (hard copy, as well
as computer readable data), written policies and procedures; subcontractor files (including
proposals of successful and unsuccessful bidders and bid recaps), surety files and bond
company files, original estimates, estimating work sheets, correspondence, change order
files (including, but not limited to, documentation covering negotiated settlements), back
charge logs and supporting documentation, general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends and any other supporting evidence
deemed necessary by the Owner to substantiate charges related to this Contract (all of the
foregoing hereinafter referred to as records).
16.2.2 CMR shall require all subcontractors, insurance agents and material suppliers (payees) to
keep and maintain comparable records for the same time period and to permit the Owner
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 30
to review, inspect, and audit such records. CMR shall include such requirements in all
written subcontracts and purchase orders issued.
16.3
The Owner reserves the right to audit the CMR records at any time during the life of this contract
whether or not the Project has been completed. If an audit inspection or other examination by the
Owner or the Owner’s representatives in accordance with this Article, disclose overcharges (of any
nature) by the CMR to the Owner, the cost of the Owner’s audit (whether performed by the Owner
or outside auditors) shall be reimbursed or paid to the Owner by the CMR. Any adjustments and/or
records of overcharges shall be made within a reasonable amount of time (not to exceed thirty (30)
days) from presentation of the Owner findings to the CMR.
ARTICLE 17 - AS BUILT RECORDS
17.1
As required by the General Conditions, General Requirements, and the technical specifications or,
in absence of technical specification requirements, prior to the issuance of Final Completion and
the CMR’s Request for Final Payment, the CMR shall furnish As Builts to the Design Professional
for review and approval. Submittals shall include (1) one electronic copy. Upon approval and
completion of any other Final Completion Requirements the CMR may request Final Payment. As
Builts shall indicate the exact locations of all structures and underground site utilities installed by
CMR, including all water, sewer, gas, fuel, telephone, security and electric lines and main, and
locations of all easements for such utilities. Such surveys shall be prepared by a licensed Arizona
surveyor who shall certify that the Work is installed and erected entirely upon the Project Site and
within the building restriction lines, if any, and does not overcharge or encroach upon any easement
or right-of-way of others. As Builts shall also include project specifications with markings
identifying installed product and materials.
ARTICLE 18 - CMR’S RESPONSIBILITY FOR THE WORK
18.1
CMR shall bear full responsibility for the Work against all loss or damage of whatsoever nature
sustained until final acceptance by Owner, and shall promptly repair any damage done from any
cause whatsoever, unless caused by the Owner or its Agents.
18.2
CMR shall be responsible for all materials, equipment and supplies pertaining to the Project. In
the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior
to final acceptance by Owner; CMR shall replace it without cost to Owner. CMR shall be
responsible to protect all materials, equipment and supplies, keeping them free from deterioration,
weathering, rusting or other action detrimental to the materials.
18.3
Owner reserves the right to award other contracts in connection with this Project. CMR shall afford
other persons or contractors reasonable opportunity for the introduction and storage of materials
and the execution of Work under such separate contracts. CMR shall properly connect this Work
with the Work of any other persons or contractors that might contract separately with Owner.
18.4
If any part of CMR’s Work depends on proper execution or results upon the Work of any other
persons, CMR shall inspect and promptly report to Owner any defects in such Work that render it
unsuitable for such proper execution and results. CMR’s failure to so inspect and report shall
constitute an acceptance of the other person’s work as fit and proper for the reception of CMR’s
Work, except as to defects which may develop in other work after the execution of CMR’s Work.
18.5
CMR shall conduct its operations and take all reasonable steps to mutually coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor on the
site. Should such interference or impact occur, and the CMR did not take reasonable steps, the
CMR shall be liable to the affected contractor for the cost of such interference or impact.
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18.6
To ensure the proper execution of subsequent Work, CMR shall inspect the Work already in place
and shall at once report to Owner any discrepancy between the executed Work and the requirements
of the Contract Documents.
ARTICLE 19 - OCCUPATIONAL HEALTH AND SAFETY
19.1
CMR’S DUTY TO PROTECT: The CMR shall take all necessary precautions for safety of, and
shall provide protection to prevent damage, injury or loss to:
19.1.1
Employees on the Work and other persons who may be affected thereby;
19.1.2
The Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site, under care, custody or control of the CMR or the CMR’s subcontractors;
19.1.3
The Work and materials and equipment to be incorporated therein, if the Project Site is
within a floodplain;
19.1.4
Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
19.1.5
Construction or operations by the Owner or other contractors.
19.2
COMPLIANCE WITH SAFETY NOTICES AND LAWS: The CMR shall comply with all local,
state and federal applicable laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons or property or their protection from damage, injury or loss.
19.3
SAFETY PRECAUTIONS: The CMR shall erect and maintain, as required by existing conditions
and performance of the Contract safeguards for safety and protection, including posting danger
signs and other warnings against hazards, promulgating safety regulations and notifying Owner’s
and users of adjacent sites and utilities. The CMR shall also be responsible, at the CMR’s sole cost
and expense, for all measures necessary to protect any property adjacent to the Site and
improvements thereon. Any damage to such property or improvements shall be promptly repaired
by the CMR. Without limiting the indemnity provisions elsewhere in the Contract, the CMR shall
indemnify, defend and hold harmless the Indemnitees from and against any and all liabilities,
claims or demands (including attorney's fees and costs) arising out of or resulting from damage to
such property or improvements.
19.4
USE OF EXPLOSIVES OR HAZARDOUS MATERIALS: When use or storage of explosives or
other hazardous materials or equipment or unusual methods is necessary for execution of the Work,
the CMR shall exercise reasonable care and carry on such activities under supervision of properly
qualified personnel. When use or storage of explosives, other hazardous materials or equipment or
unusual methods are necessary, the CMR shall secure the Owner’s approval prior to their storage
or use.
19.5
CMR LIABILITY: The CMR shall promptly remedy damage and loss to any property caused in
whole or in part by the CMR or subcontractor or anyone or by anyone for whose acts they may be
liable.
19.6
SAFETY REPRESENTATIVE: The CMR shall designate a responsible member of the CMR’s
organization at the Site whose duty shall be the prevention of injuries/accidents and administration
of the CMR’s written Safety Program. The Safety Representative, if required by Owner, shall be
onsite full-time and shall have a minimum of a 30-Hour Occupational Safety and Health Training
Course within the past (2) years and must maintain that competency. This person shall attend all
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Project safety meetings and shall conduct regular safety meetings for employees of the CMR and
Subcontractors engaged in construction activities at the Site, recording the dates and topics covered
during the safety meetings.
19.7
ACCIDENT/INJURY REPORTS: The CMR shall report in writing within one (1) working day of
the CMR’s knowledge, to the Owner, all accidents or injuries arising out of or in connection with
the Work which cause personal injury or property damage, giving full details and statements of any
witnesses. In addition, if death or serious personal injuries requiring admitted hospital stay or
serious damages are caused, the incident shall be reported immediately by telephone or messenger
to the Owner.
19.8
SAFETY COOPERATION: The CMR and its subcontractors shall cooperate fully with the Owner
and all interested parties on accident/injury prevention and claim handling procedures.
19.9
RISK OF LOSS: The CMR shall be fully responsible for, and shall bear the full risk of loss of, all
the CMR’s tools, equipment, materials, and other property.
19.10 EMERGENCIES:
19.10.1
In an emergency affecting safety of persons or property, the CMR shall act, at the CMR’s
discretion, to prevent damage, injury or loss. Additional compensation or extension of
time claimed by the CMR on account of an emergency shall be determined as provided
in Article 7.
ARTICLE 20 - PERMITS, LICENSES AND IMPACT FEES
20.1
CMR LICENSE REQUIREMENT:
20.1.1 The CMR shall procure all permits, insurance, licenses for, and pay the charges and fees
necessary and incidental to, the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The CMR shall keep fully informed of existing and future
trade or industry requirements, Federal, State and Local laws, ordinances, and regulations
which in any manner affect the fulfillment of a Contract and shall comply with the same.
CMR shall immediately notify both Office of Procurement Services and the using agency
of any and all changes concerning permits, insurance or licenses.
20.1.2 CMR and its Subcontractors furnishing finished products, materials or articles of
merchandise that will require installation or attachment as part of the Contract, shall
possess any licenses required. A CMR and its Subcontractors are not relieved of its
obligation to possess the required licenses by a subcontracting of the labor portion of the
Contract.
ARTICLE 21 – PERSONNEL
20.1
All personnel used or employed by the CMR in the performance of the Work shall be qualified by
training and experience to perform their assigned tasks. At the request of the Owner, the CMR
shall not use in the performance of the Work any personnel deemed by the Owner to be
incompetent, careless, or unqualified to perform the work assigned to that person him, or otherwise
unsatisfactory to the Owner.
20.2
The CMR agrees that in the performance of the Work called for by this Contract, it will employ
only such labor, and engage subcontractors that employ only such labor, as will not delay or
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interfere with the speedy and lawful progress of the Project, and as will be acceptable to and work
in harmony with all other workers employed on the Project site or on any other building, structure,
or other improvement which the CMR or any other contractor may then be erecting or alerting on
behalf of the Owner.
20.3
CMR shall furnish the Owner on request, resumes of CMR's key personnel involved in the day-to-
day Work on the Project.
ARTICLE 22 - CMR'S WARRANTIES
22.1
CMR warrants to Owner that all materials and equipment under this Contract will be new unless
otherwise specified and that all of the Work will be of good quality free from faults and defects and
in conformance with the Contract Documents. All Work not conforming to these requirements,
including substitutions not properly approved and authorized by the Owner and Design
Professional may be considered defective and shall be repaired or replaced in accordance with the
requirements of this Contract. If required by Design Professional, CMR shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited by the
provisions of Article 23 herein.
22.2
The CMR further represents and warrants:
22.2.1 That it is financially solvent, able to pay its debts as they mature, and is possessed of
sufficient working capital to perform this Contract; that is able to furnish the Materials, and
Services; that is experienced in and competent to perform the Work contemplated by this
Contract; and it is qualified to do the Work herein and is authorized to do business in the
State of Arizona.
22.2.2 That the CMR holds a license, permit or other special license to perform the services
included in this Contract, as required by law, or employs or works under the general
supervision of the holder of such license, permit or special license.
22.2.3 The CMR agrees that the Work shall be performed in a good and professional manner, free
from defects in materials and execution, and that all Materials shall be new and approved
by or acceptable to the Design Professional and Owner, except as otherwise expressly
provided for in the Contract Documents.
22.2.4 That CMR warrants that they will be in compliance with A.R.S. § 23-214(A) and 41-4401.
ARTICLE 23 - DEFECTIVE WORK
23.1
The Owner shall have the authority to reject or disapprove work which the Design Professional
finds to be defective. If required by Owner, CMR shall promptly either correct all defective work
or remove such defective work and replace it with non-defective work. CMR shall pay all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
23.2
Should CMR fail or refuse to remove or correct any defective work or to make any necessary repairs
in accordance with the requirements of the Contract Documents within the time indicated in writing
by the Owner, Owner shall have the authority to cause the defective work to be removed or
corrected, or make such repairs as may be necessary at CMR's expense. Any expense incurred by
Owner in making such removals, corrections or repairs shall be paid for out of any monies due or
which may become due to CMR and deducted from the GMP, or may be charged against the
Performance Bond. In the event of failure of CMR to make all necessary repairs promptly and
fully, Owner may declare a default.
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23.3
If, within one (1) year after the date of Substantial Completion or such longer period of time as
may be prescribed by the terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in accordance with the Contract
Documents, CMR, after receipt of written notice from Owner, shall promptly correct such defective
or nonconforming work within the specified by Owner without cost to Owner, to do so. The CMR
shall be the point of contact and responsible for all administration and coordination associated with
correcting/resolving all subcontractor warranty claims for the duration of the specific warranty
period indicated by the specifications. In some instances this period may be longer than the one
(1) year general warranty period. Nothing contained herein shall be construed to establish a period
of limitation with respect to any other obligation, which CMR might have under the Contract
Documents.
23.4
Failure to reject any defective work or material shall not in any way prevent later rejection when
such defect is discovered, or obligate Owner to final acceptance.
23.5
The CMR shall (I) replace any part of the work that fails to conform with the requirements of this
Contract that appear during progress of the work on the Project; (II) remedy any defects in the
Work due to faulty materials or workmanship which appear within a period of one (1) year from
the time of Substantial Completion of the Work or portions thereof hereunder or within such longer
period of time as may be set forth in the Contract Documents or as may be required by law; and
(III) replace, repair or restore any parts of the Project or furniture, fixtures, equipment or other
items placed therein (whether by the Owner or any other part) that are injured or damaged by any
such parts of the Work that do not conform to the requirements of this Contract or are due to defects
in the Work. The provisions of this Article 23 shall not apply to corrective work attributable solely
to the acts or omissions of any separate CMR or subcontractor of the Owner unless the CMR is
acting in such capacity or capacities. The cost of the CMR of performing any of its obligations
under this Article 23 shall be within the Guaranteed Maximum Price. The CMR's responsibility to
make repairs and redo work under this Article 23 is in addition to the CMR's responsibility to the
Owner for any other damages of any kind for which the CMR would be legally responsible.
23.6
If the Owner and the CMR deem it inexpedient to require the correction of work damaged or not
performed in accordance with the Contract Documents, an equitable deduction from the Contract
Price and the Guaranteed Maximum Price shall be made by agreement between the CMR and the
Owner. Until such settlement, the Owner may withhold such sums as the Owner deems just and
reasonable from monies, if any, due the CMR. If no monies are held by the Owner, reimbursement
shall be made to the Owner within thirty (30) days by the CMR.
23.7
The CMR's express warranty herein shall be in addition to, and not in lieu of, any other warranties
or remedies the Owner may have under this Contract, at law, or in equity for defective Work and
warranty periods will commence at Substantial Completion date.
ARTICLE 24 - CONSTRUCTION SIGNAGE
24.1
Any requirements for a Project sign shall be as set forth within the Technical Specifications section.
24.2
All construction signage located at the Project location shall be subject to the prior written approval
of the Owner. The CMR recognizes that all signage may be disallowed, in the Owner’s sole
discretion, and that existing signage or advertising on construction field offices, trailers,
construction fences, and other construction elements or aids, may be required to be masked or
deleted at no cost or expense to the Owner. Such signage will be considered an overhead expense
pursuant to Article 8.4 and if allowed shall not be included within the Cost of the Work.
ARTICLE 25 - OWNERSHIP OF CONTRACT DOCUMENTS
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Page # 35
25.1
Drawing, specifications, designs, models, photographs, reports, surveys, and other data created for
and submitted by the CMR provided in connection with this Agreement are and shall remain the
property of the Owner whether the Project for which they are made is completed or not. All finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports
prepared by CMR shall become the property of Owner and shall be delivered by CMR to Owner
within seven (7) days of termination of the Contract Documents by either party. Any compensation
due to CMR shall be withheld until all documents are received as provided herein.
ARTICLE 26 - CMR'S REPRESENTATIVE
26.1
CMR shall advise, the Owner, in writing of any limitations on the authority of CMR's representative;
otherwise, CMR's representative shall be considered to have full authority to execute any and all
instruments requiring the CMR's signature and to act on behalf of the CMR with respect to all
matters arising out of this Agreement.
ARTICLE 27 - OWNER’S RIGHT TO TERMINATE CONTRACT
27.1
If CMR fails to begin the Work within the (10) calendar days after the Project initiation Date, or
fails to perform the Work with sufficient workers and equipment or with sufficient materials to
insure the prompt completion of the Work, or performs the Work unsuitably, or causes it to be
rejected as defective and unsuitable, or delays or discontinues the prosecution of the Work pursuant
to the accepted schedule or if CMR shall fail to perform any material term set forth in the Contract
Documents, including non-payment of subcontractors or materials providers, or if CMR shall
become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry
on the Work in an acceptable manner, Owner may give notice in writing to CMR and its Surety of
such delay, neglect or default, specifying the same.
27.2
If CMR, within a period of ten (10) calendar days after such notice, does not proceed in accordance
therewith, then Owner may terminate the services of CMR, exclude CMR from the Project site and
take the prosecution of the Work out of the hands of CMR, and appropriate or use any or all materials
and equipment that are an integral part of the Work on the Project site as may be suitable and
acceptable. In such case, CMR shall not be entitled to receive any further payment until the Project
is completed.
27.3
In addition Owner, may enter into an agreement for the completion of the Project according to the
terms and provisions of the Contract Documents, or use such other methods as in Owner’s sole
opinion shall be required for the completion of the Project according to the terms and provisions of
the Contract Documents, or use such other methods as in Owner’s sole opinion shall be required for
the completion of the Project in an acceptable manner. All damages, costs and charges incurred by
Owner, together with the costs of completing the Project, shall be deducted from any monies due or
which may become due to CMR. In case the damages and expenses so incurred by Owner shall
exceed the unpaid balance, then CMR shall be liable and shall pay to Owner the amount of said
excess.
27.4
If after notice of termination of CMR's right to proceed, it is determined for any reason that CMR
was not in default, the rights and obligations of Owner and CMR shall be the same as if the notice
of termination had been issued pursuant to the Termination for Convenience clause as set forth in
Article 27.5 below.
27.5
This Contract may be terminated for convenience in writing by Owner upon ten- (10) day’s written
notice to CMR (delivered by certified mail, return receipt requested) of intent to terminate and the
date on which such termination becomes effective. In such case, CMR shall be paid for all work
executed and expenses incurred prior to termination in addition to termination settlement costs
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reasonably incurred by CMR relating to commitments which had become firm prior to the
termination. Payment shall include reasonable profit for work and/or services performed. No
payment shall be made for profit for work and/or services that have not been performed.
27.6
Upon receipt of Notice of Termination pursuant to Article 27 or 27.3 above, CMR shall promptly
discontinue all affected work unless the Notice of Termination directs otherwise and deliver or
otherwise make available the Owner all data, drawings, specifications, reports, estimates, summaries
and such other information as may have been required by the Contract Documents whether
completed or in process.
ARTICLE 28 - RESOLUTION OF DISPUTES
28.1
To prevent all disputes and litigation, it is agreed by the parties hereto that Owner shall decide all
questions, claims, difficulties and disputes of whatever nature which may arise relative to the
technical interpretation of the Contract Documents and fulfillment of this Contract as to the
character, quality amount value of any work done and materials furnished, or proposed to be done
or furnished under or by reason of, the Contract Documents and Owner's estimates and decisions
upon all claims, questions, difficulties and disputes shall be final and binding. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of Owner and CMR shall be
submitted to the Alternative Dispute Resolution process as outlined in Exhibit G.
28.2
This Agreement shall be interpreted and construed in accordance with and governed by the laws of
the State of Arizona. Any controversies or legal problems arising out of this Agreement and any
action involving the enforcement or interpretation of any rights hereunder which might be eligible
for judicial resolution shall be submitted to the jurisdiction of the Superior Court of the State of
Arizona in and for Maricopa County, and shall be governed by the laws of the State of Arizona.
By entering into this Contract, CMR and Owner hereby expressly waive any rights either party may
have to trial by jury of any civil litigation related to, or arising out of the Project. CMR, pursuant
to Article 11 of this Agreement, shall specifically bind all subcontractors to the provisions of this
Contract.
28.3
Pending resolution of any dispute arising under this Contract, other than termination hereof, the
CMR shall proceed diligently with performance of this Contract and the Owner shall continue to
make payments in accordance with the Contract Documents.
ARTICLE 29 – NOTICES
29.1
Notices: All notices to be given hereunder shall be in writing, and may be given by depositing the
same in the United States Mail addressed to the party to be notified, postpaid, return receipt
requested or by delivering the same in person to such party with written receipt of
acknowledgement of delivery by a person at the address (s) set forth below. All notices to be given
to the parties hereto shall be sent to or made to the addresses shown below. The place for giving
notice shall remain the same as set forth herein unless changed in the manner provided in this
Article.
30 Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States mail, postage prepaid, return receipt requested, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as set forth herein
until changed in writing in the manner provided in this section. For the present, the parties designate
the following:
Charles Jones, Director
Facilities Management Department
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Contract between Maricopa County and CORE Construction
Page # 37
Maricopa County
401 W. Jefferson St.
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
30.1
FOR CMR:
Todd Steffen, President
CORE Construction, Inc
3036 E. Greenway Road
Phoenix, Arizona 85032
And to DESIGN PROFESSIONAL:
Ken Powers, Principal
Perlman Architects of AZ, Inc.
2929 N Central Ave, Suite 1600
Phoenix, Arizona 85012
ARTICLE 30 - REQUIREMENTS FOR CONTRACTS WITH SBE GOALS
30.1
It is Maricopa County’s policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County’s solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBE’s; however, it does
require that utilization of SBE firms by CMR be reported for tracking by the County. A full description of
the County’s SBE program and the contractual requirements are attached hereto and incorporated herein by
reference in Exhibit F.
ARTICLE 31 - OTHER TERMS & CONDITIONS
31.1
THIRD PARTY BENEFICIARIES: Neither CMR nor Owner intends to directly or substantially benefit a
third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to asset a claim against either of them based upon this
Contract.
31.2
CONFLICTS:
31.2.1 Neither CMR nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
CMR’s loyal and conscientious exercise of judgment related to its performance under this
Agreement.
31.2.2 CMR agrees that none of its officers or employees shall, during the term of this Agreement, serve
as an expert witness against COUNTY in any legal or administrative proceeding in which he or she
is not a party, unless compelled by court process. Further, CMR agrees that such persons shall not
give sworn testimony or issue a report or writing, as an expression of his or her expert opinion,
which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section shall not preclude
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CMR or any other persons from representing themselves in any action or in any administrative or
legal proceeding.
31.2.3 In the event CMR is permitted to utilize subcontractor to perform any services required by this
Agreement, CMR agrees to prohibit such subcontractor, by written contract, from having any
conflicts within the meaning of this section.
31.3
CANCELLATION: The Owner hereby gives notice that pursuant to A.R.S. § 38-511 (A) this contract may
be canceled without penalty or further obligation within three (3) years after execution if any person
significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf of the
Owner is, at any time while the contract or an extension of the contract is in effect, an employee or agent of
any other part to the contract in any capacity or a consultant to any other party of the contract with respect
to the subject matter of the contract. Cancellation under this section shall be effective when written notice
from the Owner is received by all parties to the contract. In addition, the Owner may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the Owner from any other party to the contract arising as a result of the
contract.
31.4
COMPLIANCE WITH LAWS: CMR shall comply with all federal state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement.
31.5
SEVERANCE: In the event a portion of this Agreement is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless COUNTY or CMR elects to terminate
this Agreement. An election to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
31.6
JOINT PREPARATION: Preparation of this Contract has been a joint effort of Owner and CMR and the
resulting document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than any other.
31.7
DRUG FREE WORKPLACE: It is a requirement of Owner that it enter into contracts only with firms that
certify the establishment of a drug-free workplace. Execution of this Contract by CMR shall also serve, as
CMR's required certification that it either has or that it will establish a drug-free workplace.
31.8
ASSIGNMENT: The CMR shall not assign this Contract or subcontract it as a whole without the written
consent of the Owner by and through the Chief Procurement Officer for Maricopa County; nor shall the
CMR assign any monies due or to become due to it hereunder, without the previous written consent of the
Owner.
31.8.1
No consent or waiver, express or implied, by either party to this Contract to or of any breach or
default by the other in the performance of any obligations hereunder shall be deemed or construed
to be a consent or waiver to or of any other of future breach or default by such party hereunder,
nor deemed to be a modification of this Contract.
31.8.2
Failure on the part of any party hereto to complain of any act or failure to act of the other party or
to declare the other party in default hereunder, irrespective of how long such failure continues,
shall not constitute a waiver of the rights of such party hereunder, provided however this section
shall not alter or amend the notice provisions set forth in the Construction Documents including
but not limited to, in Article 6. Inspection by, payment by or tentative approval or acceptance by
the Owner, or the failure of the Owner to perform any inspection hereunder shall not constitute a
final acceptance of the Work or any part thereof and shall not release the CMR from any of its
obligations hereunder.
31.9
CONSTRUCTION OF TERMS: Unless the context clearly intends to the contrary, words singular or plural
in number shall be deemed to include the other and pronouns having masculine or feminine gender shall be
deemed to include the other. The term "person" shall be deemed to include an individual, corporation,
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Page # 39
unincorporated organization, partnership, trust, government and governmental agency or subdivision, as the
context shall require.
31.10 CAPTIONS: The captions used for the Articles of this Contract are inserted only as a matter of convenience
and for reference and in no way define, limit or describe the scope of the intent of this Contract or any Article
hereof.
31.11 ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS: These Contract Documents incorporate and
include all prior negotiations, correspondence, conversations, agreements, and understandings applicable to
the matters contained herein and the parties agree that there are no commitments, agreements or
understanding concerning the subject matter of this Contract that are not contained in the Contract
Documents. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document in accordance with Article 7. In the event any provision of the Contract Documents shall
be found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remainder of this
Contract shall not be affected thereby and each remaining provision, term, covenant or condition of the
Contract Documents shall continue to be effective.
31.12 PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein and the parties
agree that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless set forth in writing in accordance with Article 7 of this document.
31.13 INCORPORATION BY REFERENCE: The truth and accuracy of each “Whereas” clause set forth herein
is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
31.14 LEGAL WORKER REQUIREMENTS: As required by Arizona Revised Statutes §41-4401, the County is
prohibited after September 30, 2008 from awarding a contract to any service or construction CMR who fails,
or whose subcontractors fail, to comply with Arizona Revised Statutes § 23-214-A. The CMR warrants that
it complies fully with all federal immigration laws and regulations that relate to its employees, that it shall
verify, through the employment verification pilot program as jointly administered by the U.S. Department
of Homeland Security and the Social Security Administration or any of its successor programs, the
employment eligibility of each employee hired after December 31, 2007, and that it shall require its
subcontractors and sub-subcontractors to provide the same warranties to the CMR. The CMR acknowledges
that a breach of this warranty by CMR or by any subcontractor or sub-subcontractor under this Contract shall
be deemed a material breach of this Contract, and is grounds for penalties, including termination of this
Contract, by Maricopa County. Maricopa County retains the right to inspect the records of any CMR,
subcontractor and sub-subcontractor employee who performs work under this Contract, and to conduct
random verification of the employment records of the CMR and any subcontractor and sub-subcontractor
who works on this Contract, to ensure that the CMR and each subcontractor and sub-subcontractors
complying with the warranties set forth above. CMR shall be responsible for all costs associated with
compliance with this requirement.
31.15 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
31.15.1 The undersigned (authorized official signing for the contractor/bidder) certifies to the best of his
or her knowledge and belief, that the contractor/bidder, and its principals:
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 40
31.15.1.1
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency
31.15.1.2
Have not within 3-year period preceding this solicitation/contract been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
31.15.1.3
Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in this paragraph of this certification; and
31.15.1.4
Have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
31.15.2 Should the contractor/bidder not be able to provide this certification, a comprehensive explanation
as to why should be attached to its contract.
31.15.3 The contractor agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this contract.
31.16 INFLUENCE:
31.16.1 As prescribed in Article 12 of the Maricopa County Procurement Code, any effort to
influence an employee, or agent, to breach the Maricopa County Ethical Code of Conduct
or any ethical conduct, may be grounds for Debarment or Suspension under Article 9. An
attempt to influence includes, but is not limited to:
31.16.2 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
31.16.3 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
31.16.4 If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by
the Maricopa County Procurement Code, any remedy in equity or in the law, or any
remedy provided by this contract
31.17 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
31.18 UNIFORM ADMINISTRATIVE REQUIREMENTS
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
contained in Title 2 C.F.R. § 200 et seq.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 41
31.19 FORCED LABOR
By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394.
Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions.
Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not
use:
The forced labor of ethnic Uyghurs in the People’s Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China.
If contractor becomes aware during the term of the agreement that contractor is not in compliance with
this paragraph, the contractor shall notify the County within five business days after becoming aware of
the noncompliance. If the contractor fails to provide a written certification to the County that the contractor
has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then
the agreement terminates, except that if the agreement termination date occurs before the end the 180 day
period, the agreement terminates on the agreement termination date.
31.20 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a
value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration
of this agreement to not engage in, a boycott of goods or services from Israel. This certification
does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50
U.S.C. § 4842.
[SIGNATURES ON FOLLOWING PAGE]
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 43
ATTACHMENT A
[General Condition Costs, Key Personnel and Labor Rates per Section 8.3.2.]
GENERAL CONDITIONS
DATE:
REV3 5/30/2023
JOB NAME:
MCSO D3, Trailers & Youngtown
Project Construction Estimate
114,069.45
$
65 DAYS
13 WEEKS
3 MOS
PHASE CODE
DESCRIPTION
QTY.
UNITS
@
COST
TOTAL
GENERAL CONDITIONS
01-2003-10000-
01-2003-10000- - (Senior Project Manager)
2.60
wks
@
5,760
$
14,976.00
$
14,976.00
$
Attachment A.1 - MC - MCSO District 3 Substation Addition & Renovation (Professional
Services for Trailers & Youngtown portion of Work)
Page 1 of 1
Attachment A.2 – CMR’s Labor Costs
CORE Construction, Inc.
Page 1
The following agreed to hourly rates will be used to determine and define “Labor Costs” as defined in
Section 8.3.2 of MC’s CMR Construction Services Contract. The agreed to rates includes all normal and
customary payroll paid by the Contractor plus all fringe benefits, taxes, and insurances.
Note: All rates may be subject to a 5% increase on January 1, 2024
Standard Rate
Overtime
Rate
PreConstruction:
Director of PreConstruction
$159
-
PreConstruction Manager
$132
-
Asst. PreConstruction Manager
$98
-
PreConstruction Coordinator
$79
-
Project Management:
Project Director
$159
-
Sr. Project Manager
$144
-
Project Manager
$132
-
Asst. Project Manager
$103
-
Project Engineer
$92
-
Scheduler
$107
-
Virtual Construction Director
$132
-
Virtual Construction Manager
$107
-
Construction Coordinator
$79
-
Project Accountant
$83
-
Contracts Administrator
$72
-
IT Technician
$75
-
Intern
$43
$65
Field Operations:
Director of Field Operations
$166
-
General Superintendent
$159
-
Sr. Superintendent
$152
-
Project Superintendent
$130
-
Asst. Superintendent
$107
-
Safety Director
$109
-
Carpenter
$84
$126
Water Truck Driver
$81
$122
Painter
$81
$122
Laborer
$64
$96
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 44
EXHIBIT A - CONSTRUCTION DOCUMENTS
a. Drawings & Plans dated: May 30, 2023
b. Specifications dated: May 30, 2023
These documents are voluminous and maintained separately from the contract documents but are
incorporated into the contract as though fully set forth and attached.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 45
EXHIBIT B - GMP PROPOSAL
(GMP Summary Document follows – full proposal is found in the Project file and is incorporated into the
contract as though fully set forth and attached)
Exhibit B - GMP#1 Proposal Cover Letter
& Table of Contents
MC - MCSO District 3 Substation Addition & Renovation
(Professional Services for Trailers & Youngtown portion of Work)
Surprise/Youngtown, AZ
May 30, 2023
May 30, 2023
VIA ELECTRONIC MAIL
Paul Corens
Maricopa County | Facilities Management Department
401 W Jefferson St.
Phoenix, AZ 85003
RE:
GMP #1 PROPOSAL | MC – MCSO District 3 Substation Addition & Renovation (Professional
Services for Trailers & Youngtown portion of Work)
Dear Paul,
On behalf of CORE Construction, I am pleased to submit our GMP #1 proposal for the Professional Services for
Trailers & Youngtown portion of Work of the MC - MCSO District 3 Substation Addition & Renovation project,
inclusive of the following GMP #1 Exhibits as outlined in the Table of Contents below:
Table of Contents:
•
Exhibit B.1 – GMP Summary Sheet, dated 05/30/23, 1 page.
•
Exhibit B.2 – Basis of GMP (Statement of Assumptions, Clarifications & Exclusions), dated 05/30/23, 3
pages.
•
Exhibit B.3 – Enumeration of GMP Plans and Specifications, dated 05/30/23, 1 page.
•
Exhibit B.4 – Preliminary Milestone Schedule, dated 05/30/23, 2 pages.
Thank you for this opportunity, please do not hesitate to contact me directly with any questions or comments.
Respectfully submitted,
Ileana Beshaler
Ileana Beshaler
Sr. Project Manager / Preconstruction
CORE Construction
LOCATION: Surprise & Youngtown
ARCHITECT: Perlman
GENERAL REQUIREMENTS
$0
GR1
General Requirements
(NOT APPLICABLE)
$0
MT
Material Testing & Special Inspections
(BY OWNER)
$0
DEMOLITION/ OFF-SITE INFRASTRUCTURE
$0
SITE WORK (ROUGH)
$0
SITE WORK (FINISH)
$0
STRUCTURE
$39,204
35
Modular Building Structural Drawings & ADOH Permitting
Adaptive Shelters
$39,204
ENCLOSURE
$0
INTERIOR FINISHES
$0
SPECIALTIES
$0
EQUIPMENT
$0
MEP SYSTEMS
$0
SPECIAL SYSTEMS
$0
CONTINGENCIES & ALLOWANCES
$45,500
AL1
Allowance #1 - Misc Civil, Architectural & Electrical Design Fees
(Trailers & Youngtown)
ALLOWANCE
$45,500
GENERAL CONDITIONS
BASED ON
SUB TOTAL
REQUIRED
General Conditions
Carried from 'GC's' Tab
$14,976
INSURANCE, BONDS, AND BUILDERS RISK
BASED ON
SUB TOTAL
REQUIRED
General Liability (1.144%)
$84,704
$1,141
REQUIRED
Payment and Performance Bond (1.144%)
$114,069
$1,141
REQUIRED
Builders Risk Insurance (0.046%)
$114,069
$46
RATE
SALES TAX
BASED ON
SUB TOTAL
Surprise
Sales Tax
$114,069
$6,962
65.00%
Sales Tax Multiplier (Included In Sales Tax Rate)
-------------------
-------------------
RATE
CONTRACTOR'S FEE
BASED ON
SUB TOTAL
5.00%
Construction Manager At Risk Fee
$102,007
$5,100
MC - MCSO District 3 Substation Addition &
Renovation (Professional Services for Trailers &
Youngtown portion of Work)
Description
#
GMP #1 REV3 05/30/23
Base Price
SUBCONTRACTOR
Subtotal (GC's, Insurance, Tax, & Fee)
$114,069
GMP #1 Total
$114,069
Subtotal
Subtotal (with GC's & Insurance)
$84,704
Subtotal (with GC's)
$99,680
$102,007
Exhibit B.1 - GMP#1 Summary Sheet
Page 1 of 1
Exhibit B.2 – Basis of GMP#1
MC - MCSO District 3 Substation Addition & Renovation
(Professional Services for Trailers & Youngtown portion of Work)
Surprise/Youngtown, AZ
May 30, 2023
Page 1 of 3
The Basis of GMP is a written explanation clarifying the scope, assumptions and exclusions used in establishing the
GMP #1 dated May 30, 2023, for the Professional Services for Trailers & Youngtown portion of Work.
All costs are based on CORE’s incorporation of the scope shown on the 10/03/2022 and 12/01/2022 drawings (as
per Exhibit B.3 – Enumeration of Documents) and the scope clarifications below.
ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS
Schedule
•
As per Exhibit B.4 – Preliminary Milestone Schedule.
Contingency
•
Construction Contingency is NOT included in this GMP – Construction Contingency is intended to be used to
cover costs that have not been identified as a trade specific scope on the GMP setting documents and may
require further clarification or coordination. These costs may include scope gap, coordination issues between
trades, and missed scope during the subcontractor bidding process. All intended use of costs must first be
approved by both Owner and Architect.
•
Design Contingency is NOT included in this GMP. Design contingency is intended to be used to cover
unforeseen conditions, or design revisions.
•
Escalation Contingency is NOT included in this GMP – Escalation contingency is used to cover the industry-
wide fluctuation and cost increases due to escalation of materials, equipment, or products costs between the
date of this GMP and the time when the job is ready for the installation of the affected material. If there is an
increase in price of materials, equipment, or products, this allowance shall be used to cover these increased
costs, provided that the Contractor gives the Owner written notice and documentation of the increased costs.
Allowances
•
“Allowances” are considered to be an allotted sum of money included for a particular system or scope of work
for which sufficient detail is not available to determine a definitive cost. A reasonable estimate for an assumed
scope and quality is included as a placeholder. The Owner receives the savings for any amount under the
allocation and is responsible for any amount over the allocation. We have included the “Allowances” listed
below.
1.
Allowance #1 – Misc. Civil, Architectural and Electrical Design Fees (Trailers & Youngtown) – $45,500
(direct cost)
a) This allowance is included on the Schedule of Values to enable us to prepare design documents
for construction on the Trailer Oasis and Youngtown Renovation projects. This includes civil,
architectural & limited electrical engineering services for the Trailer Oasis and includes
architectural and limited electrical engineering for the Youngtown Renovation.
Exhibit B.2 – Basis of GMP#1
MC - MCSO District 3 Substation Addition & Renovation
(Professional Services for Trailers & Youngtown portion of Work)
Surprise/Youngtown, AZ
May 30, 2023
Page 2 of 3
Alternates
•
N/A
General Assumptions
•
This GMP #1 proposal is valid for 15 days.
•
Any cost savings from approved value engineering after executed GMP will be added to the CMAR’s
Construction Contingency.
•
CORE has not included any costs for building permit, mechanical/electrical/plumbing permits, etc. at the
Substation project. This only includes permit and inspection fees for the Trailer Oasis and Youngtown
renovation projects.
•
We assume normal working hours.
•
This GMP includes all costs related to warranty as required in the contract. Warranty period included as 1 year
per the contract.
•
This GMP is considered a Lump Sum, not line-item GMP.
•
We acknowledge the following Geotechnical Report:
o
No Geotech Reports have been provided for the Trailer Oasis or Youngtown sites.
•
The following agreed to hourly rates will be used to determine and define “Labor Costs” as defined in Section
8.3.2 of MC’s CMR Construction Services Contract. The agreed to rates includes all normal and customary
payroll paid by the Contractor plus all fringe benefits, taxes, and insurances.
Standard Rate
Overtime Rate
PreConstruction:
Director of PreConstruction
$159
-
PreConstruction Manager
$132
-
Asst. PreConstruction Manager
$98
-
PreConstruction Coordinator
$79
-
Project Management:
Project Director
$159
-
Sr. Project Manager
$144
-
Project Manager
$132
-
Asst. Project Manager
$103
-
Project Engineer
$92
-
Scheduler
$107
-
Virtual Construction Director
$132
-
Virtual Construction Manager
$107
-
Construction Coordinator
$79
-
Project Accountant
$83
-
Contracts Administrator
$72
-
IT Technician
$75
-
Intern
$43
$65
Exhibit B.2 – Basis of GMP#1
MC - MCSO District 3 Substation Addition & Renovation
(Professional Services for Trailers & Youngtown portion of Work)
Surprise/Youngtown, AZ
May 30, 2023
Page 3 of 3
*Note: All rates may be subject to a 5% increase on January 1, 2024*
Specific Exclusions to GMP #1:
1. Design fees for sewer (assumption is to use plumbing waste tanks at the Trailers and not connecting the modular
buildings to the City sewer system if possible).
2. Full design fees for electrical and special systems at both Trailers and Youngtown (assumption is to provide
limited design and have electrical contractor investigate and as-built changes in the field during construction
as much as possible).
3. Construction or installation costs
4. Any and all site work design or construction at Youngtown
5. Offsite work
6. Geotechnical investigation, reports or testing services
7. Design review fees, permit fees and/or inspection fees (By Owner)
Other Scope Specific Assumptions and Clarifications:
LINE ITEM 35 | Modular Buildings
TRAILER OASIS:
1. We have included:
a.
Costs to provide engineering and structural drawings for the (4) modular buildings for submission
to ADOH and local AHJ’s as required. Includes cost for permitting of the design as required through
ADOH. This does not include installation permitting which will be included in the next GMP along
with the remaining modular building costs.
- END -
Field Operations:
Director of Field Operations
$166
-
General Superintendent
$159
-
Sr. Superintendent
$152
-
Project Superintendent
$130
-
Asst. Superintendent
$107
-
Safety Director
$109
-
Carpenter
$84
$126
Water Truck Driver
$81
$122
Painter
$81
$122
Laborer
$64
$96
Exhibit B.3 - EODs
(Enumeration Of Documents)
MC - MCSO District 3 Substation Addition Renovation
(Professional Services for Trailers and
Youngtown portion of Work)
GMP #1
May 30, 2023
Specification/
Drawing
Description
Spec Date
Stamp Date
CORE Received Date
Revision
Color
N/A
Specification/
Drawing
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
Floor Plan
MCSO D3 Oasis Trailers Plan 12-01-22
1-Dec-22
N/A
1-Dec-22
-
-
Site Plan
MCSO D3 Oasis Trailers Site Plan 12-01-22
1-Dec-22
N/A
1-Dec-22
-
-
Specification/
Drawing
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
Sheet 1 of 1
MCSO Youngtown Floor Ceiling _100322
3-Oct-22
N/A
3-Oct-22
-
-
PROJECT MANUAL - N/A
DRAWINGS - TRAILER OASIS
DRAWINGS - YOUNGTOWN RENOVATION
Page 1 of 1
ID
Task Name
Duration
Start
Finish
0
22-10-022 - MC - MCSO District 03 Substation Addition & Renovation
720 d
Fri 2/10/23 Wed 12/10/25
1
PRECONSTRUCTION
184 d
Fri 2/10/23 Mon 10/30/23
28
SUBSTATION
170 d
Fri 2/10/23
Tue 10/10/23
31
50% Construction Documents
103 d
Fri 2/10/23
Thu 7/6/23
32
Issue 50% CD's
0 d
Fri 2/10/23
Fri 2/10/23
33
APS Coordination
80 d
Fri 2/10/23
Fri 6/2/23
34
50% CD Estimate - Substation
23 d
Mon 2/13/23
Wed 3/15/23
36
Tentative Early GMP #1 for Trailers & Youngtown
46 d
Mon 2/13/23
Mon 4/17/23
35
Draft 50% CD Estimate Submission
0 d
Mon 2/27/23
Mon 2/27/23
37
50% CD Estimate / GMP #1 Review Meeting
0 d
Wed 3/15/23
Wed 3/15/23
38
50% CD Estimate / GMP #1 Revisions
19 d
Thu 3/16/23
Tue 4/11/23
39
50% CD Estimate / GMP #1 Review Meeting #2
0 d
Tue 4/11/23
Tue 4/11/23
42
50% CD Drawings Complete
0 d
Tue 4/11/23
Tue 4/11/23
40
Negotiations / Revisions to GMP #1
40 d
Wed 4/12/23
Wed 6/7/23
41
Tentative GMP #1 Approval for Trailers & Youngtown
20 d
Thu 6/8/23
Thu 7/6/23
43
GMP #1 Approval / NTP
0 d
Thu 7/6/23
Thu 7/6/23
44
100% Construction Documents
122 d
Wed 4/12/23
Tue 10/3/23
45
Complete 100% Construction Documents
18 d
Wed 4/12/23
Fri 5/5/23
46
90% CD Check Set Review
0 d
Fri 4/21/23
Fri 4/21/23
47
90% CD User Groups Review / Comments
22 d
Mon 4/24/23
Tue 5/23/23
48
Issue 100% CD's
0 d
Tue 5/23/23
Tue 5/23/23
49
100% CD User Groups Review / Comments
10 d
Wed 5/24/23
Wed 6/7/23
51
100% CD GMP #2
30 d
Wed 5/24/23
Thu 7/6/23
50
100% CD Review Comments Meeting
0 d
Wed 6/7/23
Wed 6/7/23
52
GMP #2 Review Meeting #1
0 d
Mon 7/10/23
Mon 7/10/23
53
GMP #2 Negotiations & Revisions
20 d
Tue 7/11/23
Mon 8/7/23
54
GMP #2 Review Meeting #2
0 d
Mon 8/7/23
Mon 8/7/23
56
100% CD Design Complete
0 d
Mon 8/7/23
Mon 8/7/23
55
Tentative GMP #2 Estimate Approval / NTP
40 d
Tue 8/8/23
Tue 10/3/23
57
GMP #2 Approval / NTP
0 d
Tue 10/3/23
Tue 10/3/23
58
Plan Review & Permits
45 d
Tue 8/8/23
Tue 10/10/23
59
1st Submittal Plan Review - Building Permit
20 d
Tue 8/8/23
Tue 9/5/23
60
1st Review Comments
0 d
Tue 9/5/23
Tue 9/5/23
61
1st Review Comment Revisions
10 d
Wed 9/6/23
Tue 9/19/23
62
2nd Submittal Plan Review - Building Permit
15 d
Wed 9/20/23
Tue 10/10/23
63
Building Permit Issued - Substation
0 d
Tue 10/10/23
Tue 10/10/23
2
TRAILERS & YOUNGTOWN
142 d
Tue 4/11/23 Mon 10/30/23
3
TRAILER OASIS:
142 d
Tue 4/11/23 Mon 10/30/23
4
Architectural Documents Complete
35 d
Tue 4/11/23
Tue 5/30/23
5
Civil Design Complete
35 d
Tue 4/11/23
Tue 5/30/23
6
Elect, Special Systems, Plumbing "Design"
35 d
Tue 4/11/23
Tue 5/30/23
7
Release Perlman to Start Design
0 d
Tue 4/11/23
Tue 4/11/23
8
Release Trailer Vendor to Start Design
0 d
Thu 5/4/23
Thu 5/4/23
9
Modular Engineered Drawings (Structural)
40 d
Thu 5/4/23
Thu 6/29/23
19
City of Surprise Review & Approval? (if required)
20 d
Wed 5/31/23
Tue 6/27/23
2/10
PERLMAN
CORE
CORE
2/27
3/15
CORE
4/11
4/11
FMD
7/6
PERLMAN
4/21
5/23
FMD
CORE
6/7
7/10
CORE & PERLMAN
8/7
8/7
FMD
10/3
PERLMAN
9/5
PERLMAN
PERLMAN
10/10
PERLMAN
PERLMAN
CORE & PERLMAN
4/11
5/4
CORE
CORE & PERLMAN
J
F
M
A
M
J
J
A
S
O
N
D
J
F
M
A
M
J
J
A
S
O
N
D
J
F
M
A
M
J
J
A
S
O
N
D
Half 1, 2023
Half 2, 2023
Half 1, 2024
Half 2, 2024
Half 1, 2025
Half 2, 2025
Task
Milestone
Summary
Project Summary
Deadline
Critical
Progress
22-10-022 - MC - MCSO District 03 Substation Addition & Renovation
VIEW 00 - OAC
Status Date: Tue 5/30/23 Printed Date: Tue 5/30/23
1 of 2
Exhibit B.4 – Preliminary Milestone Schedule
ID
Task Name
Duration
Start
Finish
15
Review and Update Plans based on Comments, if needed
10 d
Wed 6/28/23
Wed 7/12/23
10
Review Trailer Drawings and Approval to Submit
10 d
Fri 6/30/23
Fri 7/14/23
12
Submit Building Plans to State of AZ for Review & Comments
30 d
Fri 6/30/23
Fri 8/11/23
16
2nd Submittal to City of Surprise (if required)
10 d
Thu 7/13/23
Wed 7/26/23
11
Trailer Oasis Initial Design Complete
0 d
Fri 7/14/23
Fri 7/14/23
17
Other Installation Drawings from CORE (Plumbing, etc.)
30 d
Mon 7/17/23
Fri 8/25/23
13
Review and Update Plans based on Comments from ADOH
10 d
Mon 8/14/23
Fri 8/25/23
14
Initial Design Approvals from ADOH
0 d
Fri 8/25/23
Fri 8/25/23
18
Submit Install Plan Review Application & Package for ADOH for
Review & Approval
45 d
Mon 8/28/23
Mon 10/30/23
20
Trailer Oasis ALL Permits Received
0 d
Mon 10/30/23
Mon 10/30/23
21
YOUNGTOWN:
55 d
Tue 4/11/23
Tue 6/27/23
22
Release A/E & to start Drawings - Youngtown
0 d
Tue 4/11/23
Tue 4/11/23
23
Architectural Documents Complete
40 d
Tue 4/11/23
Tue 6/6/23
24
Elect, Special Systems Investigations
40 d
Tue 4/11/23
Tue 6/6/23
25
Youngtown Plan Review / Permit (if required?)
5 d
Wed 6/7/23
Tue 6/13/23
26
Maricopa County Review & Approval?
15 d
Wed 6/7/23
Tue 6/27/23
27
Youngtown Permits & Approvals Complete
0 d
Tue 6/27/23
Tue 6/27/23
69
CONSTRUCTION
555 d
Tue 10/3/23 Wed 12/10/25
70
Trailer Oasis
555 d
Tue 10/3/23 Wed 12/10/25
72
Tentative NTP - GMP #2
0 d
Tue 10/3/23
Tue 10/3/23
73
Long Lead Procurement - Trailers
100 d
Wed 10/4/23
Mon 2/26/24
78
Permits Received - Trailers
0 d
Mon 10/30/23
Mon 10/30/23
79
Construction Start - Trailers
0 d
Tue 11/14/23
Tue 11/14/23
80
Construction - Trailer Oasis
74 d
Tue 11/14/23
Thu 2/29/24
105
Owner Move-In & IDF Room Buildout of Trailers
20 d
Fri 3/1/24
Thu 3/28/24
106
Trailer Oasis Complete
0 d
Thu 3/28/24
Thu 3/28/24
108
Removal of Trailer Oasis Yard
17 d
Fri 11/14/25 Wed 12/10/25
107
Removal of Trailer Oasis Complete
0 d
Wed 12/10/25
Wed 12/10/25
119
Youngtown Office Remodel
128 d
Tue 10/3/23
Thu 4/4/24
120
Tentative NTP - GMP #2
0 d
Tue 10/3/23
Tue 10/3/23
123
Long Lead Procurement - Youngtown
100 d
Wed 10/4/23
Mon 2/26/24
121
Owner "Move Out" Furniture prior to Construction Start - Youngtown
10 d
Tue 10/31/23
Tue 11/14/23
122
Construction Start - Youngtown
0 d
Tue 11/14/23
Tue 11/14/23
126
Construction - Youngtown
79 d
Tue 11/14/23
Thu 3/7/24
146
Owner Move In & IDF Room Buildout - Youngtown
20 d
Fri 3/8/24
Thu 4/4/24
147
Youngtown Final Completion
0 d
Thu 4/4/24
Thu 4/4/24
148
SUBSTATION
528 d
Tue 10/3/23
Thu 10/30/25
149
NTP - GMP #2 - Start Procurement Substation
0 d
Tue 10/3/23
Tue 10/3/23
152
Submittals - Substation
40 d
Wed 10/4/23
Thu 11/30/23
151
Permit Received - Substation
0 d
Tue 10/10/23
Tue 10/10/23
161
Long Lead Item Procurement - Substation
360 d
Wed 11/1/23
Wed 4/2/25
150
Start Construction - Substation
0 d
Thu 4/4/24
Thu 4/4/24
171
Construction - Substation
400 d
Fri 4/5/24
Thu 10/30/25
232
Project Completion
27 d
Fri 10/31/25 Wed 12/10/25
PERLMAN
CORE
PERLMAN
7/14
CORE
8/25
CORE
10/30
4/11
PERLMAN
PERLMAN
CORE & PERLMAN
CORE & PERLMAN
6/27
10/3
10/30
11/14
OWNER
3/28
1
10/3
OWNER
11/14
OWNER
4/4
10/3
10/10
4/4
J
F
M
A
M
J
J
A
S
O
N
D
J
F
M
A
M
J
J
A
S
O
N
D
J
F
M
A
M
J
J
A
S
O
N
D
Half 1, 2023
Half 2, 2023
Half 1, 2024
Half 2, 2024
Half 1, 2025
Half 2, 2025
Task
Milestone
Summary
Project Summary
Deadline
Critical
Progress
22-10-022 - MC - MCSO District 03 Substation Addition & Renovation
VIEW 00 - OAC
Status Date: Tue 5/30/23 Printed Date: Tue 5/30/23
2 of 2
Exhibit B.4 – Preliminary Milestone Schedule
BASE PRICE TOTAL
BASE BID
Modular Building Structural Drawings & ADOH
Permitting
GMP #1 Costs - Design & Engineering for
Arizona Dept of Housing (ADOH) - included in
overall price
O
INC ABOVE
O
INC ABOVE
√
*$39,204
GMP #2 Costs:
Rental / Build-Out Fees:
√
$140,400
√
INC
√
$697,694
TRAILER 1 - build out
O
$775,000
√
$262,875
√
INC
TRAILER 2 - build out
√
INC
√
$171,921
√
INC
TRAILER 3 - build out
√
INC
√
$144,547
√
INC
TRAILER 4 - build out
√
INC
√
$200,079
√
INC
Stairs
√
$1,000
√
INC
√
INC
Delivery / Block & Level
√
$50,000
√
INC
√
INC
Tie Downs (2 per double wide = 8 total)
√
$4,500
√
INC
√
INC
Skirting to match siding
√
$17,000
√
INC
√
INC
ADA Ramp w/ Stair
√
$11,650
√
INC
√
INC
Foundation Plans
√
$1,100
√
INC
√
INC
State Plan Review Submittal & Fees
√
$2,500
√
INC
√
INC
State Installation Permits Submittal & Fees
√
$2,500
√
INC
√
INC
Site Manager
√
$6,500
√
INC
√
INC
Project Manager
√
$6,500
√
INC
√
INC
"Final Charges"
√
INC
√
INC
√
INC
Base Bid Price:
Why:
Modular Building Structural Drawings & ADOH Permitting
35
MC - MCSO District 3 Substation
Addition & Renovation (Professional
Services for Trailers &
Youngtown portion of Work)
CORE
-Modular Solutions - 12
PLEX RENTAL
Willscot - DOUBLE WIDE
RENTAL
Contact Name:
Mitzi Garcia
Tammy Harwood
Adaptive Shelters
Dave Arfin
Email:
GMP #1 06/02/23
Phone:
COMPLETE
COMPLETE
COMPLETE
PQ Status:
COMPLETE
6/2/2023
Adaptive shelters was selected due to providing the lowest cost option that still meets the needs
and requirements for the Trailer Oasis complex. Adaptive Shelters offers a "standard office"
layout trailer which includes 2 single restrooms. 4 offices and a large open space in each trailer
and very closely matches the original desired layouts. Willscot provided a custom-built trailer
option, as they don't offer a standard layout close to what is needed, and this came at a
premium cost. Modular Solutions provided a 12-plex option which was a much larger space than
what MCSO needed and came at the highest price-point. Modular Solution would only provide
a purchase option to custom-build the (4) double wide trailers and wouldn't provide a rental
option for this.
6/2/2023
CORE Recommended Sub-Contractor: Adaptive Shelters
$697,694
$0
$1,018,650
$779,422
$697,694
1
Ileana Beshaler
From:
Dave Arfin <dave@adaptiveshelters.com>
Sent:
Friday, February 24, 2023 12:06 PM
To:
Ileana Beshaler
Subject:
Re: FW: D3 Trailer Oasis - draft VE layout
Hi Ileana,
Our pricing will remain the same per the costs that were provided on 12/5/22. Pricing is valid for 30 days. Please see
below for confirmation.
The cost to proceed with plans for each building and obtaining State of AZ approvals is $39, 204. $39,204 will be
applied to the overall cost of this project with the assumption that Core Construction moves forward with leasing 4 new
modular office buildings per the description and cost below.
1) Lease 4 new 24 x 60 Modular Buildings for 18 months of rental. 3 Standard Floor Plans and 1 matching Oasis #1 floor
plan provided by the customer. Windows, security bars & restrooms included.
-Cost includes delivery & install. Fire Sprinkler Systems included at each building with Exterior Mounted Fire Riser
-Excluded costs are dismantle/pick-up fees (estimated @ $57, 142) sales tax & property tax.
Total Cost $697, 694 SALES TAX AND PROPERTY TAX WILL BE IN ADDITION TO THIS NUMBER
It is imperative to understand your project start date in order to share our production completion dates as our
production lead times are constantly changing.
Please let me know if you have any questions.
Thanks,
Dave
To help protect your privacy, Microsoft Office prevented automatic download of this picture from
Internet.
Dave Arfin
1
Ileana Beshaler
From:
Dave Arfin <dave@adaptiveshelters.com>
Sent:
Monday, December 5, 2022 11:24 AM
To:
Ileana Beshaler
Subject:
Re: FW: D3 Trailer Oasis - draft VE layout
Hi Ileana,
Here you go. Revised pricing based on the new direction and the plans presented. Pricing for the lease option is based
on 18 months of rental.
Hi Ileana,
See below. Both the lease and purchase prices.
1) Lease 4 new 24 x 60 Modular Buildings for 18 months of rental. 3 Standard Floor Plans and 1 matching Oasis #1 floor
plan provided by the customer. Windows, security bars & restrooms included.
-Cost includes delivery & install. Fire Sprinkler Systems included at each building with Exterior Mounted Fire Riser
-Excluded costs are dismantle/pick-up fees (estimated @ $57, 142) sales tax & property tax.
Total Cost $697, 694
2) Purchase 4 new 24 x 60 Modular Buildings. 3 Standard Floor Plans and 1 matching Oasis #1 floor plan provided by
customer. Windows, security bars & restrooms included.
-Cost includes delivery & install. Fire Sprinkler Systems included at each building with Exterior Mounted Fire Riser
-Excluded costs are dismantle/pick-up fees (estimated @ $57, 142) & sales tax
Total cost $798, 522
Please let me know if you have any questions.
Thanks,
Dave
UPDATED PRICING BASED ON 3 STANDARD OFFICE LAYOUTS
WITH 1 CUSTOM TRAILER (TRAILER #1)
Modular Solutions, Ltd
LARGE CONSTRUCTION PROJECTS
TRAILER LEASE OPTIONS
Option 1: 12 plex
❑Floorplan design
❑Elevations
❑Lease budgets
❑Time lines
12 Plex MS398 – subject to availability on award
12 Plex MS398 – subject to availability on award
12 Plex MS398 – Budgetary Lease & Fees
12 Month Lease (MONTHLY CYCLE)
Not 28 day , 12 invoices per year
❑Monthly Lease Fee $7,800.00 /Per Mo
❑Insurance is required during lease term
❑Stairs optional $1,000.00 Per Set-for a 12
month term best value to purchase them
OSHA type with handrails & landing
❑Remodel fee subject to floorplan
requirements forwarded
❑Owner to provide all documents for
state & local permits as required
❑All utility connections by others
One Time Fees: (return & dismantle charged on
return at then current rate.)
❑Delivery/Block & Level
$50,000.00
❑Tie Downs
$4500.00
❑Skirting to match siding
$17,000.00
❑ADA Ramp with Stair
$11,650.00
❑Foundation plans
$1,100.00
❑State plan review & permit fee
$2,500.00
❑Site Manager
$6,500.00
❑Project Manager
$6,500.00
❑Return & dismantle fees are in addition and are charged
at then current rate at time of return.
These fees are budgetary in nature and subject to reviews and update when hard quote is provided
Delivery & installation one week from approved plans (3-4 weeks for installation completion)
Thank You
Modular Solutions, LTD
Mailing Address:
P O Box 15507-Phoenix, AZ 85060
Phone: 602-605-8202 (direct line)
Phone: 602-292-5673 (mobile)
Email: mitzig@Mod-sol.com
Website: www.modularsolutionsltd.com
Please feel free to reach out with any questions regarding the information in this proposal.
Lease Agreement Summary - 1723877
Lessee:
CORE CONSTRUCTION INC
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Contact:
Casey Hodges
dba CORE Construction Services of AZ Inc
3036 E Greenway Rd
Phoenix, AZ 85032-4414
Phone: 6029181959
Email: caseyhodges@coreconstruction.com
Ship To Address:
12975 West Bell Road
SURPRISE, AZ 85378 US
Product Descriptions
QTY
PRODUCT
4
SM6424
Pricing Summary - All Options (excluding taxes)
RECURRING CHARGES PER BILLING CYCLE:
$17,325.00
INITIAL FEES:
$454,045.46
FINAL CHARGES:
$13,525.46
TOTAL CHARGES WITH ALL OPTIONS:
$779,420.92
Comments
Total for all four trailers are broken up in SCOPE OF WORK.
- General notes for all trailers:
o I need to know what 'CR' means to them on these trailer drawings, nothing was quoted regarding this symbol.
o No shades or awnings will be provided
o Closed all windows in all 4 trailers.
o No changes will be made to door hardware until I get more clarification on what they need.
o T-Grid is the only option.
Will not be soundproof in any rooms.
o Need more clarification on where they want cabinets installed with details on uppers/lowers or both?
o Need to know what AV power requirements are needed -- nothing quoted to fit this need.
IF TANKS ARE INCLUDED IN THE ORDER:
Water Tank- Initial Water fill is included in install cost. Additional water fills of 1550-gallon water tank are $575 through our vendor
Holding tank hook up requires customer to provide a Certified plumber.
***Pre-payment of last month rent and/or services due on initial invoice***Based on unit availability at time of order***Floor plans provided with
quote are renderings and may not be exact to scale***STD. MATERIAL, NO SPRINKLER OR FIRE RATING***Based on a standard installation by
truck on a flat and accessible site***Based on NON Prevailing wage rates***Utilities (Elec, Plumb, Data) by others***No Footers have been
quoted*** Special equipment required for install at an additional cost (if needed)**** If furniture is included at no additional charge in quote, however,
it may show as a line item on first invoice for inventory purposes. Will not be a monthly reoccurring charge unless you selected an add on at the
time of order***TAXES AND PERSONAL PROPERTY TAX ARE NOT INCLUDED IN QUOTE FIGURES***
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 1 of 11
Lease Agreement
Lessee: 0010446585
CORE CONSTRUCTION INC
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Contact:
Casey Hodges
dba CORE Construction Services of AZ Inc
3036 E Greenway Rd
Phoenix, AZ 85032-4414
Phone: 6029181959
Email: caseyhodges@coreconstruction.com
Ship To Address:
12975 West Bell Road
SURPRISE, AZ 85378 US
Delivery Date (on or about): 01/09/2023
Rental Pricing Per Billing Cycle
Quantity
Price
Extended
64x24 Modular (60x24 Box)
Oasis Trailer #1
1
$3,207.00
Loss Damage Waiver (11/12)
2
$159.00
$318.00
Data Hub Rental T2
3
$60.00
$180.00
Deck - Aluminum
75
$35.00
$2,625.00
Bas. Entrance-Steps T2
1
$110.00
$110.00
ADA/IBC Ramp-switchback & step
1
$724.00
$724.00
Minimum Lease Billing Period:
18
Total Recurring Building Charges:
$3,207.00
Billing Cycle: 28 Days
Subtotal of Other Recurring Charges:
$3,957.00
Total Recurring Charges Per Billing Cycle:
$7,164.00
Estimated Delivery & Installation
Fuel Surcharge Delivery
1
$616.14
$616.14
Fuel Surcharge Return
1
$616.14
$616.14
Essentials Material Handling
1
$1,002.00
$1,002.00
Ramp - Delivery & Installation
Ramp with 75 PIECE COMMON DECK
1
$8,814.26
$8,814.26
State Inspection Fee
1
$2,542.47
$2,542.47
Modification to Unit M
SEE SCOPE OF WORK
1
$99,511.00
$99,511.00
Delivery Freight
2
$1,141.00
$2,282.00
Block and Level
1
$6,672.00
$6,672.00
Teardown
1
$4,670.40
$4,670.40
Return Freight
2
$1,141.00
$2,282.00
Total Delivery & Installation Charges:
$129,008.41
Estimated Final Return Charges*
Ramp - Knockdown & Return
Ramp with 75 PIECE COMMON DECK
1
$4,914.26
$4,914.26
Due On Final Invoice*:
$4,914.26
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$262,874.67
Scope of Work
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 2 of 11
Oasis Trailer #1
Cost for Mods: $99,511
- Closing all windows
- Double Walls in Cpt & Lt Offices
o LT Offices will not be adjusted (approx. size 11'6"x11'6") could vary based on unit selection.
- T-Grid throughout: NO HARDLID CEILINGS
- Tile in entire middle area & IA Sgt
- No modifications made to passage handles in offices or exterior door handles or locks.
- Need more clarification on what ‘CR' is in all 2 exterior locations
- Cabinetry & Counters not quoted in current cost – please advise of need & location.
- Data: 15 ports called out – will need 3 boxes to our standard 2 (1.5 the data cost)
Install Int. Wall - 8' 128 lf
Remove Int. Wall - 8' 128 lf
Add Int. Door 2
Remove Carpet (w/cove base) 900 sq ft
Install Tile (w/cove base) 900 sq ft
Remove Tile (w/cove base) 900 sq ft
Add Restroom 4
Remove Restroom 4
Add Kitchenette (5' base cabinet w/ bar sink) 1
Remove Kitchenette 1
Add Wall Outlet 24
Remove Wall Outlet 24
Add Light Switch 2
Remove Light Switch 2
Add Ext. Door 2
Remove Ext. Door 2
Add Ext. Window 10
Remove Ext Window 10
Comments
* Please note that for added value and time savings, WS Mobile Office pricing is discounted with the quoted Data Hub packages. If you opt out
of the quoted Data Hubs, the price of the mobile office will increase to our standard rate of $3327.
The mobile office is equipped with four Air Purifiers & door bars.
All rates will be itemized on the invoice.
Summary of Charges
Model: SM6424
Quantity: 1
Total Charges for(1) Building(s): $262,874.67
Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)
BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE
INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED
AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
Initial
Recommended Items
Billing Frequency
Qty
Price
Extended
\oi\
General Liability - Allen Insurance
Recurring
1
$26.40
$26.40
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 3 of 11
Lease Agreement
Lessee: 0010446585
CORE CONSTRUCTION INC
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Contact:
Casey Hodges
dba CORE Construction Services of AZ Inc
3036 E Greenway Rd
Phoenix, AZ 85032-4414
Phone: 6029181959
Email: caseyhodges@coreconstruction.com
Ship To Address:
12975 West Bell Road
SURPRISE, AZ 85378 US
Delivery Date (on or about): 01/09/2023
Rental Pricing Per Billing Cycle
Quantity
Price
Extended
64x24 Modular (60x24 Box)
Oasis Trailer #2
1
$3,207.00
Data Hub Rental T2
4
$60.00
$240.00
Minimum Lease Billing Period:
18
Total Recurring Building Charges:
$3,207.00
Billing Cycle: 28 Days
Subtotal of Other Recurring Charges:
$240.00
Total Recurring Charges Per Billing Cycle:
$3,447.00
Estimated Delivery & Installation
Fuel Surcharge Delivery
1
$616.14
$616.14
Fuel Surcharge Return
1
$616.14
$616.14
Modification to Unit M
SEE SCOPE OF WORK
1
$80,142.00
$80,142.00
Essentials Material Handling
1
$837.00
$837.00
State Inspection Fee
1
$2,542.47
$2,542.47
Delivery Freight
2
$1,141.00
$2,282.00
Block and Level
1
$6,672.00
$6,672.00
Teardown
1
$4,670.40
$4,670.40
Return Freight
2
$1,141.00
$2,282.00
Tiedowns into dirt
20
$117.71
$2,354.20
Vinyl skirting
168
$23.75
$3,990.00
Total Delivery & Installation Charges:
$107,004.35
Estimated Final Return Charges*
Tiedown-Dirt Removal
20
$52.80
$1,056.00
Skirting Removal - Vinyl LF
168
$10.80
$1,814.40
Due On Final Invoice*:
$2,870.40
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$171,920.75
Scope of Work
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 4 of 11
Oasis Trailer #2
Cost for Mods: $80,412.00
- Closing all windows
- Double Walls in Sgt Offices
o Sgt Offices will not be adjusted (approx. size 11'6"x11'6") could vary based on unit selection.
- T-Grid throughout: NO HARDLID CEILINGS
- 1 Floor Outlet in center room beneath the 4 desks shown
- Tile in entire complex
- No modifications made to passage handles in offices or exterior door handles or locks.
- Need more clarification on what ‘CR' is in all 3 exterior locations
- Need clarification on what CR is in "Bodycam" location
- Cabinetry & Counters not quoted in current cost – please advise of need & location.
- Shades will not be provided
- Data: 20 ports called out – will need 4 boxes to our standard 2 (double the data cost)
Install Int. Wall - 8' 48 lf
Remove Int. Wall - 8' 48 lf
Add Int. Door 1
Remove Carpet (w/cove base) 1440 sq ft
Install Tile (w/cove base) 1440 sq ft
Remove Tile (w/cove base) 1440 sq ft
Add Restroom 3
Remove Restroom 3
Add Floor Outlet 1
Remove Floor Outlet 1
Add Wall Outlet 27
Remove Wall Outlet 27
Add Light Switch 1
Remove Light Switch 1
Add Ext. Door 3
Remove Ext. Door 3
Add Ext. Window 10
Remove Ext Window 10
Comments
* Please note that for added value and time savings, WS Mobile Office pricing is discounted with the quoted Data Hub packages. If you opt out
of the quoted Data Hubs, the price of the mobile office will increase to our standard rate of $3327.
The mobile office is equipped with four Air Purifiers & door bars.
All rates will be itemized on the invoice.
Summary of Charges
Model: SM6424
Quantity: 1
Total Charges for(1) Building(s): $171,920.75
Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)
BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE
INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED
AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
Initial
Recommended Items
Billing Frequency
Qty
Price
Extended
\oi\
Loss Damage Waiver (11/12)
Recurring
2
$159.00
$318.00
\oi\
General Liability - Allen Insurance
Recurring
1
$26.40
$26.40
\oi\
Bas. Entrance-Steps T2
Recurring
2
$110.00
$220.00
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 5 of 11
Lease Agreement
Lessee: 0010446585
CORE CONSTRUCTION INC
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Contact:
Casey Hodges
dba CORE Construction Services of AZ Inc
3036 E Greenway Rd
Phoenix, AZ 85032-4414
Phone: 6029181959
Email: caseyhodges@coreconstruction.com
Ship To Address:
12975 West Bell Road
SURPRISE, AZ 85378 US
Delivery Date (on or about): 01/09/2023
Rental Pricing Per Billing Cycle
Quantity
Price
Extended
64x24 Modular (60x24 Box)
Oasis Trailer #3
1
$3,207.00
Data Hub Rental T2
3
$60.00
$180.00
Minimum Lease Billing Period:
18
Total Recurring Building Charges:
$3,207.00
Billing Cycle: 28 Days
Subtotal of Other Recurring Charges:
$180.00
Total Recurring Charges Per Billing Cycle:
$3,387.00
Estimated Delivery & Installation
Fuel Surcharge Delivery
1
$616.14
$616.14
Fuel Surcharge Return
1
$616.14
$616.14
Modification to Unit M
SEE SCOPE OF WORK
1
$53,848.00
$53,848.00
Essentials Material Handling
1
$837.00
$837.00
State Inspection Fee
1
$2,542.47
$2,542.47
Delivery Freight
2
$1,141.00
$2,282.00
Block and Level
1
$6,672.00
$6,672.00
Teardown
1
$4,670.40
$4,670.40
Return Freight
2
$1,141.00
$2,282.00
Tiedowns into dirt
20
$117.71
$2,354.20
Vinyl skirting
168
$23.75
$3,990.00
Total Delivery & Installation Charges:
$80,710.35
Estimated Final Return Charges*
Tiedown-Dirt Removal
20
$52.80
$1,056.00
Skirting Removal - Vinyl LF
168
$10.80
$1,814.40
Due On Final Invoice*:
$2,870.40
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$144,546.75
Scope of Work
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 6 of 11
Oasis Trailer #3
Cost for Mods: $53,848.00
- Closing all windows
- Double Walls between OFF locations
o Offices will not be adjusted (approx. size 11'6"x11'6") could vary based on unit selection.
- T-Grid throughout: NO HARDLID CEILINGS
- Tile in entire complex
- No modifications made to passage handles in offices or exterior door handles or locks.
- Need more clarification on what ‘CR' is in all 2 exterior locations
- Cabinetry & Counters not quoted in current cost – please advise of need & location.
- Data: 15 ports called out – will need 3 boxes to our standard 2 (1.5 the data cost)
Install Int. Wall - 8' 48 lf
Remove Int. Wall - 8' 48 lf
Remove Carpet (w/cove base) 1296 sq ft
Install Tile (w/cove base) 1296 sq ft
Remove Tile (w/cove base) 1296 sq ft
Add Restroom 1
Remove Restroom 1
Add Wall Outlet 22
Remove Wall Outlet 22
Add Ext. Door 2
Remove Ext. Door 2
Add Ext. Window 10
Remove Ext Window 10
Comments
* Please note that for added value and time savings, WS Mobile Office pricing is discounted with the quoted Data Hub packages. If you opt out
of the quoted Data Hubs, the price of the mobile office will increase to our standard rate of $3327.
The mobile office is equipped with four Air Purifiers & door bars.
All rates will be itemized on the invoice.
Summary of Charges
Model: SM6424
Quantity: 1
Total Charges for(1) Building(s): $144,546.75
Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)
BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE
INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED
AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
Initial
Recommended Items
Billing Frequency
Qty
Price
Extended
\oi\
Bas. Entrance-Steps T2
Recurring
2
$110.00
$220.00
\oi\
Loss Damage Waiver (11/12)
Recurring
2
$159.00
$318.00
\oi\
General Liability - Allen Insurance
Recurring
1
$26.40
$26.40
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 7 of 11
Lease Agreement
Lessee: 0010446585
CORE CONSTRUCTION INC
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Contact:
Casey Hodges
dba CORE Construction Services of AZ Inc
3036 E Greenway Rd
Phoenix, AZ 85032-4414
Phone: 6029181959
Email: caseyhodges@coreconstruction.com
Ship To Address:
12975 West Bell Road
SURPRISE, AZ 85378 US
Delivery Date (on or about): 01/09/2023
Rental Pricing Per Billing Cycle
Quantity
Price
Extended
64x24 Modular (60x24 Box)
Oasis Trailer #4
1
$3,207.00
Data Hub Rental T2
2
$60.00
$120.00
Minimum Lease Billing Period:
18
Total Recurring Building Charges:
$3,207.00
Billing Cycle: 28 Days
Subtotal of Other Recurring Charges:
$120.00
Total Recurring Charges Per Billing Cycle:
$3,327.00
Estimated Delivery & Installation
Fuel Surcharge Delivery
1
$616.14
$616.14
Fuel Surcharge Return
1
$616.14
$616.14
Modification to Unit M
SEE SCOPE OF WORK
1
$110,460.00
$110,460.00
Essentials Material Handling
1
$837.00
$837.00
State Inspection Fee
1
$2,542.47
$2,542.47
Delivery Freight
2
$1,141.00
$2,282.00
Block and Level
1
$6,672.00
$6,672.00
Teardown
1
$4,670.40
$4,670.40
Return Freight
2
$1,141.00
$2,282.00
Tiedowns into dirt
20
$117.71
$2,354.20
Vinyl skirting
168
$23.75
$3,990.00
Total Delivery & Installation Charges:
$137,322.35
Estimated Final Return Charges*
Tiedown-Dirt Removal
20
$52.80
$1,056.00
Skirting Removal - Vinyl LF
168
$10.80
$1,814.40
Due On Final Invoice*:
$2,870.40
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$200,078.75
Scope of Work
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 8 of 11
Oasis Trailer #4
Cost for Mods: $110,460.00
- Closing all windows
- Double Walls between 2 OFF locations
o Sgt Offices will not be adjusted (approx. size 11'6"x11'6") could vary based on unit selection.
- T-Grid throughout: NO HARDLID CEILINGS
- Tile in entire complex
- No modifications made to passage handles in offices or exterior door handles or locks.
- Need more clarification on what ‘CR' is in all 4 exterior locations
- Cabinetry & Counters not quoted in current cost – please advise of need & location.
- Shades will not be provided
- Data: Standard 1 per floor will suffice
Install Int. Wall - 8' 96 lf
Remove Int. Wall - 8' 96 lf
Add Int. Door 3
Remove Carpet (w/cove base) 1440 sq ft
Install Tile (w/cove base) 1440 sq ft
Remove Tile (w/cove base) 1440 sq ft
Add Restroom 4
Remove Restroom 4
Add Kitchenette (5' base cabinet w/ bar sink) 2
Remove Kitchenette 2
Add Wall Outlet 13
Remove Wall Outlet 13
Add Light Switch 5
Remove Light Switch 5
Add Ext. Door 4
Remove Ext. Door 4
Add Ext. Window 10
Remove Ext Window 10
Comments
* Please note that for added value and time savings, WS Mobile Office pricing is discounted with the quoted Data Hub packages. If you opt out
of the quoted Data Hubs, the price of the mobile office will increase to our standard rate of $3327.
The mobile office is equipped with four Air Purifiers & door bars.
All rates will be itemized on the invoice.
Summary of Charges
Model: SM6424
Quantity: 1
Total Charges for(1) Building(s): $200,078.75
Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)
BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE
INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED
AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
Initial
Recommended Items
Billing Frequency
Qty
Price
Extended
\oi\
Bas. Entrance-Steps T2
Recurring
2
$110.00
$220.00
\oi\
Loss Damage Waiver (11/12)
Recurring
2
$159.00
$318.00
\oi\
General Liability - Allen Insurance
Recurring
1
$26.40
$26.40
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 9 of 11
Insurance Requirements Addendum
QTY
PRODUCT
EQUIPMENT VALUE/BUILDING
DEDUCTIBLE PER UNIT
4
SM6424
$69043.00
$0.00
Lessee:
CORE CONSTRUCTION INC
Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance
to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage:
1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and
Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount
not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee.
2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the
Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the
Lessor as Additional Insured and Loss Payee.
By signing below, the Lessee agrees to the terms and conditions stated herein. All other general Terms and Conditions of the Agreement shall
remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the
other party on this Addendum. Any such signature shall be treated as an original signature for all purposes.
Commercial General Liability Insurance
Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth in the Lease Agreement and Lessee
shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required
certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee.
Loss Damage Waiver Program
Lessee elects to participate in the Lessor's Loss Damage Waiver Program. Lessee understands and agrees that under this program, the
Lessor waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability to Lessor for repair or replacement
of the modular units leased from Williams Scotsman resulting from loss or damage as specified in the Lease Agreement. Lessee remains
liable to Williams Scotsman for the amount of the damage deductible, if any, per unit of equipment noted above. Please refer to the Agreement
for specific details on coverage, exclusions and restrictions on coverage. The Loss Damage Waiver is not and shall not constitute a contract for
insurance.
Signature of Lessee:
Print Name:
\n1\
Date:
\d1\
Otherwise, if elected on preceding pages:
General Liability Insurance Program
Lessee elects to participate in the General Liability Insurance Program, whereby Lessee will receive insurance coverage through American
Southern Insurance Company ("Insurer") and administered by Allen Insurance Group ("Agent"). The Lessee acknowledges and agrees that
the policy issued by the Insurer is a third party liability policy that covers those amounts that Lessee is legally obligated to pay due to bodily
insurance and property damage arising from the proper use and occupancy of Equipment leased from Williams Scotsman up to the policy
limits. Coverage is subject to underwriting and specific terms and conditions set forth in the policy. An outline of cover is available upon
request. By signing below, Lessee understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing
agent for the Insurer and its Agent; and, accordingly, it assumes no liability therefore.
Signature of Lessee:
Print Name:
\n1\
Date:
\d1\
Please return this signed document with the signed lease agreement.
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 10 of 11
Clarifications
*Final Return Charges are estimated and will be charged at Lessor's prevailing rate at time of return. **All prices exclude applicable
taxes. All Lessees and Leases are subject to credit review. In addition to the stated prices, customer shall pay any local, state or
provincial, federal and/or personal property tax or fees related to the equipment identified above ("Equipment"), its value or its use. Lessee
acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual serial number(s), delivery date(s), lock
serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information. Prices exclude taxes, licenses, permit fees,
utility connection charges, site preparation and permitting which is the sole responsibility of Lessee, unless otherwise expressly agreed by
Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code
requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify
Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery, installation,
dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges, as applicable. Physical
Damage & Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsible for changes
required by code or building inspectors. Pricing is valid for thirty (30) days.
Please note the following important billing terms:
• In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services
(excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams
Scotsman will be credited on the final invoice.
• Invoices are due on receipt, with a twenty (20) day grace period. Interest will be applied to all past due amounts.
• Invoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts.
• Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next
invoice following payment by check.
• Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or
use MMConnect. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice.
Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added
Products (as such items are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All
such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature
below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (6-3-22)
located on Lessor's internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein
by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with
a copy of the General Terms & Conditions upon written request, Lessee should print copies of this Agreement and General Terms &
Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic
signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and
shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter
into and execute this Agreement and bind the respective party thereby.
Invoicing Options (select one)
[\cb1_1_yes\ ]Paperless Invoicing Option
Williams Scotsman prefers electronic invoicing, an efficient,
convenient and environmentally friendly process. To avoid fees,
provide us with the proper email address for your invoices
Corrected Email
Address:
\ebe1\
[\cb2_1_yes\ ]Standard Mail Option
Customer prefers to receive paper invoice via mail. Fees may
apply. Invoices will be mailed to:
DBA CORE CONSTRUCTION SERVICES OF
PHOENIX, Arizona 85032
Enter a new billing address: _____________________________
Signatures
Lessee:
CORE CONSTRUCTION INC
Lessor:
Williams Scotsman, Inc.
Signature:
\s1\
Signature:
\s2\
Print Name:
\n1\
Print Name:
\n2\
Title:
\t1\
Title:
\t2\
Date:
\d1\
Date:
\d2\
PO#:
\po1\ \po#1\
Williams Scotsman, Inc.
1775 N Delaware Street
Chandler AZ 85225-1747
Your WillScot Representative
Tammy Harwood, Territory Sales Manager
Phone: (480) 749-0450
Email: tammy.harwood@willscot.com
Toll Free: 800-782-1500
Contract Number: 1723877
Revision: 4
Date: October 20, 2022
Page 11 of 11
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 46
EXHIBIT C - INSURANCE CERTIFICATE(S)
The Insurance Certificate document(s) follow this cover page and are incorporated into the contract as
though fully set forth therein.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 47
EXHIBIT D - PAYMENT BOND
(Document follows and is incorporated into the contract as though fully set forth therein.)
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 48
EXHIBIT E - PERFORMANCE BOND
(Document follows and is incorporated into the contract as though fully set forth therein.)
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 49
EXHIBIT F - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
CMR CONTRACTING REQUIREMENTS
PART 1:
PURPOSE
1.1
It is Maricopa County’s policy to provide Small Business Enterprises (SBE) with the
opportunity to participate in the County’s solicitation process and to be considered to fulfill the
requirements for various commodities and services. This contract has no requirement for
utilization of SBEs, however it does require that utilization of SBE firms by CMR be reported
for tracking by the County.
PART 2:
REPORTING APPLICABLE TO USE OF SBEs.
2.1
SBE CMR: An SBE CMR may indicate the SBE participation for that portion of the contract
that they themselves perform, plus those portions subcontracted to other SBE firms.
2.2
SBE Subcontractor: The SBE amount will be based on that portion (dollar value) of the contract
that the SBE Subcontractor performs.
2.3
SBE – Non-SBE Joint Venture: A joint venture consisting of SBE participation and non-SBE
participation, functioning as a CMR, may list the SBE participation on the basis of the
percentage of profit accruing to the SBE firm.
2.4
Lower Tier Non-SBE Participation: SBE Subcontractors proposing to further subcontract to
non-SBE CMRs shall not have that portion of subcontracting activity considered when
determining SBE participation.
2.5
SBE Suppliers: Any SBE Supplier that manufactures or substantially alters the material or
product it supplies will have that portion of activity considered when determining SBE
participation.
2.6
SBE Trucking: trucking by SBEs will be the amount to be paid when the SBE trucker has
performed the trucking with his/her trucks, tractors, and employees or when an SBE trucking
broker has signed agreements with SBE truckers.
PART 3:
REQUESTS FOR PAY
3.1
Each Request for Payment, including the final Request for Payment must be accompanied by
a Maricopa County SBE Program Participation Report in the form as provided in Attachment
1 to this Section.
PART 4:
ATTACHMENTS
4.1
Attachment 1: SBE Participation Reporting Form (1 page).
END OF SECTION
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 50
Maricopa County Small Business Enterprise Program
Participation Reporting Form
This form is to be submitted with each pay application or invoice. Any pay application or invoice without
this form attached is subject to rejection as not being a completed pay application or invoice pursuant to
the terms of the contract.
_____________________________
___________________________________
Name of Prime Consultant/CMR
Contract No.
_____________________________
___________________________________
Contact Person
Project No.
_____________________________
$__________________________________
Street Address
Amount of this Pay Application/Invoice
_____________________________
City, State ZIP
Complete below with information on the SBE firms utilized as Subconsultants/Subcontractors for this pay
application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to
A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work
Performed
$ Pd to SBE this
App/Inv
$
$
$
$
$
$
$
$
$
$
☐ A mark in this box certifies that no SBE firms were utilized as the prime, Subconsultant or
Subcontractors with respect to this pay application/invoice.
Signature
Date
Printed Name
Phone No.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 51
EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION
1.1
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution (“ADR”) process provided herein shall be the exclusive means for resolution of
claims or disputes arising under or related to the Contract, the interpretation thereof or the
performance or breach by any party thereto, including but not limited to original claims or disputes
asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in
any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties
to contracts containing this ADR provision. No changes can be made to this process without the
mutual assent of the County and the claimant. The parties have structured this procedure with the
goal of providing for the prompt, efficient and final resolution of all disputes falling within the
purview of this ADR process.
1.2
Meeting of Principals. When a claim is made or a dispute (hereafter “dispute”) as described in
Paragraph 1.1 arises, senior representatives of the County and the claimant will meet personally
within ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith
efforts, resolution is not achieved, the dispute will proceed to mediation.
1.3
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of
Arizona and have experience in construction law.
1.4
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may
mutually agree to waive mediation and proceed directly to arbitration. If the mediation process is
requested by either party, the mediation period shall be informal and shall not exceed sixty (60)
calendar days from the selection of the mediator. During the mediation process either party may
terminate mediation on written notice to the other party and the mediator.
1.5
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by
the parties, or if a party requests arbitration during the mediation process. Except as provided in
Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on the
parties and not subject to further judicial review.
1.5.1
A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver
of mediation; or (3) of the party’s demand to terminate mediation.
1.5.2
If the CMR requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish the
amount of the cash bond to defray the cost of the arbitration and the proceeds from the bond
shall be allocated in accordance with paragraph 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5)
calendar days after the demand for arbitration.
1.5.3
Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
shall each submit two names to a Judge designated by Maricopa County who shall select the
single arbitrator.
MCSO District 3 Substation Renovation
Serial # 230034-DBB
Contract between Maricopa County and CORE Construction
Page # 52
1.5.4
For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the CMR's appointed arbitrator and a third arbitrator who shall
be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
1.5.5
The arbitration is to be convened and administered under the Revised Uniform Arbitration
Act (“RUAA”) (A.R.S. § 12-3001 et seq.) and the American Arbitration Association
Construction Rules shall serve as a guideline for proceedings, thus as a supplement to the
RUAA.
1.6
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel
to set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines
that the circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange
for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute
not expedited will commence as soon as practical but in no event later than thirty (30) calendar days
after notification of request for arbitration having been received. This deadline can be extended only
with the consent of all the parties to the dispute, or by decision of the single arbitrator or the Chair of
the arbitration panel upon a showing of good cause.
1.7
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner
that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties.
Each party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement
which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and
exhibits, a brief description of the subject matter of the testimony of each witness who will be called
to testify, and an estimate as to the length of time that will be required for the arbitration hearing. The
single arbitrator or the Chair of the arbitration panel shall determine the nature and scope of discovery,
if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein,
and the parties’ objective that disputes be resolved in a prompt and efficient manner. No discovery
may be had of any materials or information for which a privilege is recognized by Arizona law. The
single arbitrator or the Chair upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or information from
public disclosure or other misuse. Any party may make application to the Maricopa County Superior
Court to have a protective order entered as may be appropriate to confirm or enforce such orders of
the Chair.
1.7.1
Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of good cause.
1.7.2
Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue an award. The arbitration panel shall, within ten (10) calendar days from the
conclusion of any hearing, by majority vote, issue its award. The award shall include an
allocation of fees and costs pursuant to 1.7.7 herein. The award is to be in accordance with
the Contract and the law of the State of Arizona.
1.7.3
Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall be
void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys’ fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how damages
were calculated.
1.7.4
Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party’s claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party at
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the earliest convenient time, but not later than the commencement of the arbitration hearing.
If the dispute is determined to involve less than $200,000, the arbitration shall continue
before the Neutral Arbitrator as a single arbitrator, with the party appointed arbitrators being
excused.
1.7.5
Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment on
it.
1.7.6
Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator
or the single arbitrator or arbitration panel, may: (i) at the request of any party, join and/or
sever parties, and/or claims arising under other contracts containing this ADR provision, and
(ii) the Mediator, on his own authority, or the single arbitrator or arbitration panel may, on
its own authority, join or sever parties and/or claims subject to this ADR process as deemed
necessary for a just resolution of the dispute, consistent with the parties’ goal of the prompt
and efficient resolution of disputes, provided; however, that the A/E, Owner and Project
Professionals shall not be joined as a party to any claim made by a CMR. Nothing herein
shall create the right by any party to assert claims against another party not arising under or
related to the Contract or not recognized under the substantive law as applicable to the
dispute. Neither the Mediator nor the single arbitrator or arbitration panel is authorized to
join to the proceeding parties not in privity with the County. The CMR cannot be joined to
any pending arbitration proceeding, without CMR’s express written consent and unless CMR
is given the opportunity to participate in the selection of the single arbitrator or non-County
appointed arbitrator.
1.7.7
Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the mediation. All fees and costs associated with any arbitration before the
single panel or arbitration panel, including without limitation the arbitrator fees, and the
prevailing party’s reasonable attorneys’ fees, expert witness fees and costs, will be paid by
the non-prevailing party, except as provided for herein. In the event that CMR is the non-
prevailing party, all fees and costs as noted above shall first be paid out of the bond posted
with the arbitrator. In no event shall the CMR’s obligation to pay fees and costs be limited
to the amount of the bond posted herein. In no event shall any arbitrator’s hourly fees be
awarded in an amount in excess of $250 per hour and (i) costs shall not include any travel
expenses in excess of mileage at the rate paid by Maricopa County, not to exceed a one way
trip of 150 miles, and (ii) all travel expenses, including meals, shall be reimbursed pursuant
to the travel policy of Maricopa County in effect at the time of the hearing. The determination
of prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, will
be included in the award by the single arbitrator or arbitration panel.
1.7.8
Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to a
party’s attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to seek
interim equitable relief, or to enforce an agreement reached by the parties or an award made
hereunder. This provision does not affect the County’s right to inform the County
Supervisors of the dispute.
1.7.9
Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a party
or to the Project pending resolution of a dispute pursuant to ADR provided herein. No court
may order any permanent injunctive relief except as may be necessary to enforce an order
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entered by the arbitration panel. The fees and costs incurred in connection with any such
equitable proceeding shall be determined and assessed in ADR.
1.7.10 Change Order. Any award in favor of the CMR against the County or in favor of the County
against the CMR shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of the Contract or a settlement agreement as
appropriate.
1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include
all claims, demands, and requests for compensation for costs and losses or other relief,
including the extension of the Contract performance period which reasonably should or could
have been brought against any party that was or could have been brought into this ADR
process, with respect to the subject claim. The arbitration panel shall apply legal principles
commonly known as merger and bar to deny any claim or claims against any party regarding
which claim or claims recovery has been sought or should have been sought in a previously
adjudicated claim for an alleged cost, loss, breach, error, or omission.
1.8
Inclusion in Other Contracts. The CMR shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
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Contract between Maricopa County and CORE Construction
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EXHIBIT H - SUBCONTRACTOR MANAGEMENT PLAN
(The Subcontractor Management Plan is incorporated into the CMR’s Statement of Qualification
submitted during the procurement process. This Plan is incorporated herein by reference as though fully
set forth in the contract documents.)