CMAR A121 CMC-2003 CHASE FIELD 2017-18 STRUCTURAL REPAIRS FINAL FOR EXEC.._.PDF

AIA Document A121 CMc‐2003
Standard Form of Agreement Between Owner and Construction Manager where
the Construction Manager is Also the Constructor
AGREEMENT
made as of the 6th day of September in the year of 2017
BETWEEN the Owner:
Maricopa County Stadium District
401 East Jefferson Street
Phoenix, AZ 85004
and the Construction Manager:
Jokake Construction
5013 East Washington Street
Phoenix, AZ 85034
The Project is:
Chase Field 2017-18 Structural Repairs
401 East Jefferson Street
Phoenix, AZ 85004
The project consists of performing concrete and structural repairs and rehabilitation at three (3) locations on the
Main Concourse and two (2) locations on the Field Levels of Chase Field. The project will consist of removing any
damaged concrete as well as sandblasting and repairing any structural members and raker systems at three (3)
seating sections and two (2) Field Level sections at Chase Field. At the conclusion of making all repairs the
locations shall be epoxyed, fireproofed and waterproofed per the structural and architectural engineer drawings.
Repairs to these locations may include: replacing caulk joints, replacing expansion joints, repairing seismic
connections, repairing tread and riser connections and associated architectural repairs.
The Facility Manager is:
AZPB FM Limited Partnership
401 East Jefferson Street
Phoenix, AZ 85004
The Engineer is:
Gervasio and Associates
77 E. Thomas Rd, Suite 120
Phoenix, AZ 85012
The Owner and Construction Manager agree as set forth below:

TABLE OF CONTENTS
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 Relationship of the Parties
§ 1.2 General Conditions
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
§ 2.1 Preconstruction Phase
§ 2.2 Guaranteed Maximum Price Proposal and Contract Time
§ 2.3 Construction Phase
§ 2.4 Professional Services
§ 2.5 Hazardous Materials
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.1 Information and Services
§ 3.2 Owner's Designated Representative
§ 3.3 Engineer
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
§ 4.1 Compensation
§ 4.2 Payments
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 Compensation
§ 5.2 Guaranteed Maximum Price
§ 5.3 Changes in the Work
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 Costs to Be Reimbursed
§ 6.2 Costs Not to Be Reimbursed
§ 6.3 Discounts, Rebates and Refunds
§ 6.4 Accounting Records
ARTICLE 7 CONSTRUCTION PHASE
§ 7.1 Progress Payments
§ 7.2 Final Payment
ARTICLE 8 INSURANCE AND BONDS
§ 8.1 Insurance Required of the Construction Manager
§ 8.2 Not Used
§ 8.3 Performance Bond and Payment Bond
ARTICLE 9 MISCELLANEOUS PROVISIONS
§ 9.1 Dispute Resolution
§ 9.2 Other Provisions
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Establishing Guaranteed Maximum Price
§ 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price
§ 10.3 Suspension
§ 10.4 ARS Section 38-511
§ 10.5 ARS Section 41-4401
§ 10.6 ARS Section 35-391.06 and 35-393.06
§ 10.7 Influence
ARTICLE 11 OTHER CONDITIONS AND SERVICES
§ 11.1 Boycott of Israel
EXHIBIT 1 PRECONSTRUCTION FEE PROPOSAL

ARTICLE 1 GENERAL PROVISIONS
§ 1.1 RELATIONSHIP OF PARTIES
The Construction Manager accepts the relationship of trust and confidence established with the Owner by this
Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and
to cooperate with the Engineer in furthering the interests of the Owner. The Construction Manager shall furnish
construction administration and management services and use the Construction Manager's best efforts to perform the
Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall
endeavor to promote harmony and cooperation among the Owner, Engineer, Construction Manager and other
persons or entities employed by the Owner for the Project.
§ 1.2 GENERAL CONDITIONS
If the Owner accept the Guaranteed Maximum Price pursuant to Section 2.2.8, and elects to proceed with the
Construction Phase, the General Conditions of the contract shall be the AIA® Document A201™–2007, General
Conditions of the Contract for Construction, as modified by the parties which is incorporated herein by reference.
For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed
concurrently, A201™–2007 shall apply to the Preconstruction Phase only as specifically provided in this
Agreement. The term "Contractor", “Construction Manager at Risk”, “CMAR” as used in A201™–2007 shall mean
the Construction Manager.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager shall perform the services described in this Article. The services to be provided under
Sections 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree,
after consultation with the Engineer, the Construction Phase may commence before the Preconstruction Phase is
completed, in which case both phases will proceed concurrently. The Owner acknowledges that Construction
Manager is neither a designer nor a provider of design services, and agrees that no provisions of the Agreement, or
any of the Contract Documents, shall be constructed to create any responsibility of or liability upon the Construction
Manager for the accuracy, adequacy, sufficiency, or safety of any element or component of the design of the Project.
§ 2.1 PRECONSTRUCTION PHASE
§ 2.1.1 PRELIMINARY EVALUATION
The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget
requirements, each in terms of the other.
§ 2.1.2 CONSULTATION
The Construction Manager with the Engineer shall attend regular meetings with the Owner to review Project status
and design, to update the Project Schedule and to update cost estimates. The Construction Manager shall consult
with the Owner and Engineer regarding site use and improvements and the selection of materials, building systems
and equipment. The Construction Manager shall provide the Owner recommendations on construction feasibility,
including estimates of alternative designs or materials and preliminary budgets. The Construction Manager shall
also provide recommendations on actions designed to minimize adverse effects of labor or material shortages; time
requirements for procurement, installation and construction completion; and factors related to construction cost,
including estimates of alternative designs or materials, preliminary budgets and possible economies. The
Construction Manager shall conduct constructability reviews, including value analysis, as needed.
§ 2.1.3 PRELIMINARY PROJECT SCHEDULE
Owner and Construction Manager agree that construction must commence as early as possible in order to meet the
March 16, 2018, Substantial Completion date and the March 23, 2018, Final Completion date. Owner will provide
all locations detailed in the scope of the Projects soon as this Agreement is signed by the Contractor, insurance and
bond certificates are provided by the Construction Manager, and a Notice to Proceed is issued by the Owner. Owner
and Construction Manager will agree in writing on the schedule and scope of demolition to be accomplished by the
third party, if applicable. Contractor will be responsible for all demolition not accomplished by the third party.
§ 2.1.4 PHASED CONSTRUCTION
The Construction Manager shall make recommendations to the Owner and Engineer regarding the phased issuance
of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is
appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of
labor and materials, and provisions for temporary facilities.

§ 2.1.5 PRELIMINARY COST ESTIMATES
§ 2.1.5.1 When the Owner has sufficiently identified the Project requirements and the Engineer has prepared other
basic design criteria, the Construction Manager shall prepare, for the review of the Engineer and approval of the
Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques.
§ 2.1.5.2 When Schematic Design Documents have been prepared by the Engineer and approved by the Owner, the
Construction Manager shall prepare, for the review of the Engineer and approval of the Owner, a more detailed
estimate with supporting data. During the preparation of the Construction Documents, the Construction Manager
shall update and refine this estimate at appropriate intervals agreed to by the Owner, Engineer and Construction
Manager.
§ 2.1.5.3 When Design Development Documents have been prepared by the Engineer and approved by the Owner,
the Construction Manager shall prepare a detailed estimate with supporting data for review by the Engineer and
approval by the Owner. During the preparation of the Construction Documents, the Construction Manager shall
update this estimate when the Construction Documents are fifty (50%) complete, or as otherwise agreed with
Owner.
§ 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Project Owner's
budget, the Construction Manager shall make appropriate recommendations to the Owner and Engineer. In no case
may the cost estimate exceed the Project Budget as established by the Owner and set forth in Amendment No. 1
once the Guaranteed Maximum Price (GMP) is established.
§ 2.1.5.5 The Construction Manager shall provide the Owner such amplifying data and information, as the Owner
may reasonably request, to support a cost estimate provided under this Section 2.1.5.
§ 2.1.6 SUBCONTRACTORS AND SUPPLIERS
The Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner
and Engineer for their information a list of possible subcontractors, including suppliers who are to furnish materials
or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the
Work. The Engineer will promptly reply in writing to the Construction Manager if the Engineer or Owner know of
any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Engineer to
investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or
Engineer later to object to or reject any proposed subcontractor or supplier. The selection of subcontractors shall
conform to the selection plan approved by the Owner, which plan is incorporated by reference.
§ 2.1.7 LONG-LEAD-TIME ITEMS
The Construction Manager shall recommend to the Owner and Engineer a schedule for procurement of long-lead-
time items which will constitute part of the Work as required to meet the Project schedule. If such long-lead-time
items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction
Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all
contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept
responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite
the delivery of long-lead-time items.
§ 2.1.8 EXTENT OF RESPONSIBILITY
The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part
of the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager concerning
design alternatives shall be subject to the review and approval of the Owner and the Owner's professional
consultants. It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are
in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the
Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the
Construction Manager shall promptly notify the Engineer and Owner in writing.
§ 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract
Documents regarding equal employment opportunity and affirmative action programs.

§ 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME
§ 2.2.1 When the Drawings and Specifications are ninety (90%) complete or as otherwise approved by the Owner,
the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost
of the Work and the Construction Manager's Fee. Construction Manager understands that in no case will the Owner
accept a Guaranteed Maximum Price proposal that includes the Construction Manager’s Fee, in excess of the Project
Budget.
§ 2.2.2 If the Drawings and Specifications are not finished at the time the Guaranteed Maximum Price proposal is
prepared, the Construction Manager may provide in the Guaranteed Maximum Price (which is subject to Owner
approval pursuant to Section 2.2.8) for further development of the Drawings and Specifications by the Engineer that
is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which,
if required, shall be incorporated by Change Order.
§ 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a sum established by
the Construction Manager to cover costs arising under Section 2.2.2, other than costs that are the basis for a Change
Order, and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order,
such as those related to unanticipated local market, labor and material conditions. Any use of this contingency must
be approved in writing in advance by the Owner. The Construction Manager shall provide a monthly accounting of
amounts paid from the contingency, including (upon the written request of Owner) supporting documents reasonably
requested by Owner in connection with each such monthly accounting. All unspent contingency will be credited
against the Final Payment.
§ 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE
The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its
basis, which shall include:
.1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the
Contract, which were used in preparation of the Guaranteed Maximum Price proposal.
.2 A list of allowances and a statement of their basis.
.3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of
the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings
and Specifications.
.4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by
trade categories, allowances, contingency, and other items and the Fee that comprise the Guaranteed
Maximum Price.
.5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based,
and a schedule of the Construction Documents issuance dates upon which the date of Substantial
Completion is based.
§ 2.2.5 The Construction Manager shall meet with the Owner and Engineer to review the Guaranteed Maximum
Price proposal and the written statement of its basis. In the event that the Owner or Engineer discover any
inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager,
who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both.
§ 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified
in the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximum Price
proposal shall not be effective without written acceptance by the Construction Manager.
§ 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and
issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the
Cost of the Work, except as the Owner may specifically authorize in writing.
§ 2.2.8 If the Owner accepts the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis
shall be set forth in Amendment No. 1. The Guaranteed Maximum Price shall be subject to additions and deductions
by a change in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be
subject to adjustment as provided in the Contract Documents.

§ 2.2.9 The Owner shall authorize and cause the Engineer to revise the Drawings and Specifications to the extent
necessary to reflect the agreed upon assumptions and clarifications contained in Amendment No. 1. Such revised
Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to
by the Owner, Engineer and Construction Manager. The Construction Manager shall promptly notify the Engineer
and Owner if such revised Drawings and Specifications are inconsistent with the agreed upon assumptions and
clarifications.
§ 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at
the time the Guaranteed Maximum Price is established.
§ 2.2.11 If the Owner rejects the Guaranteed Maximum Price proposal, this Agreement shall terminate upon written
notice to the Construction Manager of the Owner’s election to terminate this Agreement. Upon such termination,
any and all deliverable provided the Owner under this Agreement, including (without limitation) the Preliminary
Project Schedule and preliminary cost estimates, shall be the sole property of the Owner and may be used by the
Owner for this Project.
§ 2.3 CONSTRUCTION PHASE
§ 2.3.1 GENERAL
§ 2.3.1.1 The Construction Phase shall commence on the Owner’s acceptance of the Construction Manager’s
Guaranteed Maximum Price proposal and issuance of a Notice to Proceed.
§ 2.3.2 ADMINISTRATION
§ 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements
with the Construction Manager. The Construction Manager shall work diligently to obtain bids from at least three
(3) Subcontractors and from at least three (3) suppliers of materials or equipment fabricated to a special design for
the Work from the list previously reviewed pursuant to Section 2.1.6 and, after analyzing such bids, shall deliver
such bids to the Owner and Engineer. The Owner will then determine, with the advice of the Construction Manager
and subject to the reasonable objection of the Engineer, which bids will be accepted. The Owner may designate
specific persons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed
Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids
from other qualified bidders. The Construction Manager shall not be required to contract with anyone to whom the
Construction Manager has reasonable objection.
§ 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are
delivered by the Construction Manager to the Owner and Engineer (1) is recommended to the Owner by the
Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which
conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires
that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to
adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or
entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other
agreement actually signed with the person or entity designated by the Owner.
§ 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special
design shall conform to the payment provisions of Sections 7.1.8 and 7.1.9 and shall not be awarded on the basis of
cost plus a fee without the prior consent of the Owner.
§ 2.3.2.4 The Construction Manager shall attend weekly meetings at which the Owner, Facility Manager, Engineer,
Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction
Manager shall prepare and distribute within three (3) days meeting minutes during the construction phase of the
Project.
§ 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction
Manager shall prepare a schedule in accordance with Section 3.10 of A201™–2007, including the Owner's
occupancy requirements.
§ 2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner, Facility Manager and
Engineer on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a

record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems
encountered and other similar relevant data as the Owner and Facility Manager may reasonably require. A copy of
the log shall be provided to the Owner, Facility Manager and Engineer at the end of each week.
§ 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular
monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The
Construction Manager shall identify variances between actual and estimated costs and report the variances to the
Owner and Engineer at regular intervals.
§ 2.4 PROFESSIONAL SERVICES
Section 3.12.10 of A201™–2007 shall apply to both the Preconstruction and Construction Phases.
§ 2.5 HAZARDOUS MATERIALS
Section 10.3 of A201™–2007 shall apply to both the Preconstruction and Construction Phases.
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.1 INFORMATION AND SERVICES
§ 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project,
including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements
and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements.
§ 3.1.2 The Owner shall, at the written request of the Construction Manager prior to commencement of the
Construction Phase and thereafter, furnish to the Construction Manager reasonable evidence that financial
arrangements have been made to fulfill the Owner’s obligations under the Contract. Furnishing of such evidence
shall be a condition precedent to commencement or continuation of the Work.
§ 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the
Construction Manager and Engineer, which shall include contingencies for changes in the Work and other costs
which are the responsibility of the Owner, as expressly required by this Agreement.
§ 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS
In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's
expense. Except to the extent that the Construction Manager knows or becomes aware of any inaccuracy, the
Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings
and tests described in Sections 3.1.4.1 through 3.1.4.4 but shall exercise customary precautions relating to the
performance of the Work.
§ 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law.
§ 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,
and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines, both public and private, above and below grade, including inverts and
depths. All information on the survey shall be referenced to a project benchmark.
§ 3.1.4.3 The services of a geotechnical engineer when such services are reasonably requested by the Construction
Manager. Such services may include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations.
§ 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other
laboratory and environmental tests, inspections and reports which are required by law.
§ 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project
and are requested by the Construction Manager. The services, if any, must be approved in advance by the Owner.

§ 3.2 OWNER'S DESIGNATED REPRESENTATIVE
The Owner shall designate in writing a representative who shall have express authority to bind the Owner with
respect to all matters requiring the Owner's approval or authorization other than matters that require the approval of
the Board of Directors of the Owner. To the extent permitted by law, this representative shall have the authority to
make decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in
the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section
4.2.1 of A201™–2007, the Engineer does not have such authority.
§ 3.3 ENGINEER
The Owner shall retain an Engineer to provide Basic Services, including normal interior design, structural,
mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA®
Document B102™–2007, Standard Form of Agreement Between Owner and Engineer current as of the date of this
Agreement or such other Engineering services agreement that the Owner may elect to use. The Owner shall
authorize and cause the Engineer to provide other services reasonably requested by the Construction Manager which
must necessarily be provided by the Engineer for the Preconstruction and Construction Phases of the Work. Such
services shall be provided in accordance with time schedules agreed to by the Owner, Engineer and Construction
Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of
the Owner's Agreement with the Engineer, from which compensation provisions may be deleted.
§ 4.1 COMPENSATION
§ 4.1.1 For the services described in Sections 2.1 and 2.2, the Construction Manager's compensation shall be
calculated as follows:
Fixed fee of $190,805.49 plus $10,499.73 in tax for a total amount of $201,305.22 as documented in the
Preconstruction Fee proposal which is incorporated herein by reference.
§ 4.2 PAYMENTS
§ 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and, where
applicable, shall be in proportion to the services performed provided that in no event shall the Construction Manager
be paid less than the Preconstruction Fee. The Facility Manager has no responsibility for any payments to be made
to the Construction Manager pursuant to this Contract.
§ 4.2.2 Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below:
One percent (1%) per month.
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
The Owner shall compensate the Construction Manager for Construction Phase services as follows:
§ 5.1 COMPENSATION
§ 5.1.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay
the Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article
7 and the Construction Manager's Fee determined as follows:
§ 5.2 GUARANTEED MAXIMUM PRICE
§ 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction
Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in
the Work as provided in the Contract Documents, and in no event may the total of the Cost of the Work and the
Construction Manager’s Fee exceed the Guaranteed Maximum Price (GMP). Such maximum sum as adjusted by
approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs
which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager
without reimbursement by the Owner. Upon completion of the Work, if the actual cost of the Work, including fees
paid in accordance with Articles 4 and 5, is less than the Guaranteed Maximum Price (GMP), one hundred percent
(100%) of all savings shall be returned to the Owner.

§ 5.3 CHANGES IN THE WORK
§ 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the
execution of Amendment No. 1 may be determined by any of the methods listed in Article 7 of A201™–2007.
§ 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis
of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of A201™–2007 shall have the meanings
assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts awarded
with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of
those subcontracts.
§ 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced
provisions of A201™–2007 shall mean the Cost of the Work as defined in Article 6 of this Agreement, and the term
"and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in
Section 5.1.1 of this Agreement.
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 COSTS TO BE REIMBURSED
§ 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the
proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of
the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in
this Article 6.
§ 6.1.2 LABOR COSTS
.1 Wages of construction workers directly employed by the Construction Manager to perform the
construction of the Work at the site or, with the Owner's agreement, at off-site workshops.
.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when
stationed at the site with the Owner's agreement.
.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged,
at factories, workshops or on the road, in expediting the production or transportation of materials or
equipment required for the Work, but only for that portion of their time required for the Work.
.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments
and benefits required by law or collective bargaining agreements, and, for personnel not covered by
such agreements, customary benefits such as sick leave, medical and health benefits, holidays,
vacations and pensions, provided that such costs are based on wages and salaries for personnel at the
site and included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3.
§ 6.1.3 SUBCONTRACT COSTS
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.
§ 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
.1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the
completed construction.
.2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed but
required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any,
shall be handed over to the Owner at the completion of the Work.
§ 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials,
supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the
construction workers, which are provided by the Construction Manager at the site and fully consumed
in the performance of the Work; and cost less salvage value on such items if not fully consumed,
whether sold to others or retained by the Construction Manager. Cost for items previously used by the
Construction Manager shall mean fair market value.
.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned
by the construction workers, which are provided by the Construction Manager at the site, whether
rented from the Construction Manager or others, and costs of transportation, installation, minor

repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented
shall be subject to the Owner's prior approval.
.3 Costs of removal of debris from the site.
.4 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls,
postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the
site office.
§ 6.1.6 MISCELLANEOUS COSTS
.1 That portion directly attributable to this Contract of premiums for insurance and bonds.
.2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for
which the Construction Manager is liable.
.3 Fees and assessments for the building permit and inspections will be paid by Owner. It is anticipated
that the Project will be subject to the City of Phoenix Annual Facilities Permit (AFP).
.4 Fees of testing laboratories tests, except those related to nonconforming Work other than that for
which payment is permitted by Section 6.1.8.2.
.5 Royalties and license fees paid for the use of a particular design, process or product required by the
Contract Documents; the cost of defending suits or claims for infringement of patent or other
intellectual property rights arising from such requirement by the Contract Documents; payments
made in accordance with legal judgments against the Construction Manager resulting from such suits
or claims and payments of settlements made with the Owner's consent; provided, however, that such
costs of legal defenses, judgment and settlements shall not be included in the calculation of the
Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees
and costs are not excluded by the last sentence of Section 3.17 of A201™–2007 or other provisions of
the Contract Documents.
.6 Data processing costs related to the Work.
.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a
specific responsibility to the Owner set forth in this Agreement.
.8 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and
Construction Manager, reasonably incurred by the Construction Manager in the performance of the
Work and with the Owner's written permission, which permission shall not be unreasonably withheld.
§ 6.1.7 OTHER COSTS
.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in
writing by the Owner.
§ 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK
The Cost of the Work shall also include costs described in Section 6.1.1which are incurred by the Construction
Manager:
.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the
safety of persons and property, as provided in Section 10.4 of A201™–2007 provided that such
threatened damage, injury or loss was not caused by the negligence or failure to fulfill a responsibility
to the Owner set forth in the Contract Documents of the Construction Manager or the Construction
Manager’s foremen, engineers or superintendents, or other supervisory, administrative or managerial
personnel of the Construction Manager, or the failure of the Construction Manager’s personnel to
supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost
of repair or correction is not recoverable by the Construction Manager from insurance,
Subcontractors, Sub-subcontractors, or suppliers.
.2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or
the Construction Manager's Subcontractors or suppliers, provided that such damaged or
nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to
the Owner set forth in this agreement of the Construction Manager or the Construction Manager's
foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel
of the Construction Manager, or the failure of the Construction Manager's personnel to supervise
adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair
or correction is not recoverable by the Construction Manager from insurance, Subcontractors or
suppliers.

§ 6.1.9 The costs described in Sections 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding
any provision of AIA or A201™–2007 other Conditions of the Contract which may require the Construction
Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.2. In no event, however,
may the Cost of the Work plus the Construction Manager’s Fee exceed the Guaranteed Maximum Price, or revised
Guaranteed Maximum Price (if any) as adjusted by mutually agreed Change Orders.
§ 6.2 COSTS NOT TO BE REIMBURSED
§ 6.2.1 The Cost of the Work shall not include:
.1 Salaries and other compensation of the Construction Manager's personnel stationed at the
Construction Manager's principal office or offices other than the site office, except as specifically
provided in Sections 6.1.2.2 and 6.1.2.3.
.2 Expenses of the Construction Manager's principal office and offices other than the site office, except
as specifically provided in Section 6.1.
.3 Overhead and general expenses.
.4 The Construction Manager's capital expenses, including interest on the Construction Manager's
capital employed for the Work.
.5 Rental costs of machinery and equipment, except as specifically provided in Section 6.1.5.2.
.6 Costs due to the negligence of the Construction Manager or to the failure of the Construction Manger
to fulfill a specific responsibility to the Owner set forth in this Agreement.
.7 Costs incurred in the performance of Preconstruction Phase Services.
.8 Except as provided in Section 6.1.7.1, any cost not specifically and expressly described in Section
6.1.
.9 Costs which would cause the Guaranteed Maximum Price to be exceeded.
§ 6.3 DISCOUNTS, REBATES AND REFUNDS
§ 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1)
before making the payment, the Construction Manager included them in an Application for Payment and received
payment therefor from the Owner, but the Construction Manager shall not include any amount in an Application for
Payment for which the Construction Manager has received a discount, rebate, or refund or (2) the Owner has
deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall
accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus
materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they
can be secured.
§ 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to
the Owner as a deduction from the Cost of the Work.
§ 6.4 ACCOUNTING RECORDS
§ 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Agreement; the accounting and control systems shall be
satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction
Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers,
memoranda and other data relating to this Project, to the extent that such documents may apply to the Cost of Work
or the selection of subcontractors and the Construction Manager shall preserve these for a period of three years after
final payment, or for such longer period as may be required by law.
ARTICLE 7 CONSTRUCTION PHASE
§ 7.1 PROGRESS PAYMENTS
§ 7.1.1 Based upon Applications for Payment submitted to the Engineer by the Construction Manager and
Certificates for Payment issued by the Engineer, the Owner shall make progress payments on account of the
Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents.
§ 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
§ 7.1.3 Provided an Application for Payment is received by the Engineer not later than ten (10) days after the last
day of a month, the Owner shall make payment to the Construction Manager as required by law. If an Application

for Payment is received by the Engineer after the application date fixed above, payment shall be made by the Owner
as required by law.
§ 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts,
receipted invoices or invoices with check vouchers attached for Work completed, and any other evidence required
by the Owner or Engineer to demonstrate that cash disbursements already made by the Construction Manager on
account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction
Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for
the period covered by the present Application for Payment.
§ 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted prior to the
first application for payment by the Construction Manager in accordance with the Contract Documents. The
schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,
except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be
prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner or the Engineer, shall be used as a basis for reviewing the Construction
Manager's Applications for Payment.
§ 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of
the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing
(a) the expense which has actually been incurred by the Construction Manager on account of that portion of the
Work for which the Construction Manager has made or intends to make actual payment prior to the next Application
for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule
of values.
§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share of the
Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included or excluded as provided in Section 7.3.7 of A201™–2007, even though the Guaranteed
Maximum Price has not yet been adjusted by Change Order.
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing.
.3 Add the Construction Manager's Fee. The Construction Manager's Fee shall be computed upon the
Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or, if the
Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears
the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Sections bears to a
reasonable estimate of the probable Cost of the Work upon its completion.
.4 Subtract retainage of ten percent (10%) until such time that the Work is fifty percent (50%) complete,
at which time retainage may be reduced to five (5%) to the extent permitted by Arizona Revised
Statutes (ARS) § 34-709.B.2, as amended.
.5 Subtract the aggregate of previous payments made by the Owner.
.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by
Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's accountants in such documentation.
.7 Subtract amounts, if any, for which the Engineer has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of A201™–2007.
§ 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less
than ten (10%) percent until fifty (50%) complete. Retention and retention reductions shall be administered per the
Arizona Revised Statutes. The Owner and the Construction Manager shall agree upon a mutually acceptable
procedure for review and approval of payments and retention for subcontracts.

§ 7.1.9 Except with the Owner's written prior approval, the Construction Manager shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the site.
§ 7.2 FINAL PAYMENT
§ 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (1) the Contract has been fully
performed by the Construction Manager except for the Construction Manager's responsibility to correct
nonconforming Work, as provided in Section 12.2.2 of A201™–2007, and to satisfy other requirements, if any,
which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of
the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a
final Certificate for Payment has then been issued by the Engineer; such final payment shall be made by the Owner
not more than thirty (30) days after the issuance of the Engineer's final Certificate for Payment.
§ 7.2.2 The amount of the final payment shall be calculated as follows:
.1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting
and the Construction Manager's Fee, but not more than the Guaranteed Maximum Price.
.2 Subtract amounts, if any, for which the Engineer withholds, in whole or in part, a final Certificate for
Payment as provided in Section 9.5.1 of A201™–2007 or other provisions of the Contract
Documents.
.3 Subtract the aggregate of previous payments made by the Owner.
.4 Subtract the amount of any unused contingency.
If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the
Construction Manager shall reimburse the difference to the Owner no later than thirty (30) days after the issuance of
the Engineer’s Final Certificate for Payment.
§ 7.2.3 The Owner's accountants will review the Construction Manager's final accounting within thirty (30) days
after delivery of the final accounting to the Engineer by the Construction Manager. Based upon such Cost of the
Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and
provided the other conditions of Section 7.2.1 have been met, the Engineer will, within seven (7) days after receipt
of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a
copy to the Construction Manager or notify the Construction Manager and Owner in writing of the Engineer's
reasons for withholding a certificate as provided in Section 9.5.1 of A201™–2007 .
§ 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to
proceed in accordance with Article 9 without a further decision of the Engineer, provided that the representatives of
the Construction Manager and Owner shall first meet and attempt in good faith to resolve such dispute. Unless
agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction
Manager within sixty (60) days after the Construction Manager's receipt of a copy of the Engineer's final Certificate
for Payment. Failure to make such demand within this sixty (60)-day period shall result in the substantiated amount
reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of
the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Engineer's final
Certificate for Payment.
§ 7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described
in Section 6.1 and not excluded by Section 6.2 (1) to correct nonconforming Work or (2) arising from the resolution
of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if
any, related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of
the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such
savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by
the Owner to the Construction Manager.
ARTICLE 8 INSURANCE AND BONDS
§ 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER
During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in
Section 11.1 of A201™–2007. Such insurance shall be written for not less than the following limits, or greater if
required by law:

§ 8.1.1 Workers' Compensation and Employers' Liability meeting statutory limits mandated by state and federal
laws and employer’s liability insurance with a minimum limit of not less than One Million Dollars ($1,000,000). If
(1) limits in excess of those required by statute are to be provided, or (2) the employer is not statutorily bound to
obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such
insurance shall be as follows:
§ 8.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors'
Protective, Products-Completed Operations, Contractual Liability, Personal Injury and Broad Form Property
Damage (including coverage for Explosion, Collapse and Underground hazards):
General Liability insurance with a minimum combined single limit of Two Million Dollars ($2,000,000) per
occurrence applicable to all premises and operations and an aggregate amount of Five Million Dollars ($5,000,000)
for the Project. Subcontractors shall be allowed to maintain liability limits of Two Million Dollars ($2,000,000) in
lieu of Five Million Dollars ($5,000,000). The policy shall include coverage for bodily injury, bad form property
damage (including completed operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products and completed operations. Further, the policy shall include
coverage for the hazards commonly referred to as XCU.
.1 The policy shall be endorsed to have the General Aggregate apply to this Project only.
.2 Products and Completed Operations insurance shall be maintained for a minimum period of at
least five (5) years after either ninety (90) days following Substantial Completion or final
payment, whichever is earlier.
.3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in
Section 3.18 of A201-2007.
§ 8.1.3 Automobile Liability (owned, non-owned and hired vehicles) for bodily injury and property damage:
Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than
Two Million Dollars ($2,000,000) each occurrence with respect to Construction Manager’s owned, hired or non-
owned vehicles assigned to or used in performance of the services.
§ 8.1.4 Other coverage:
See Article 11 of AIA Document A201-2007.
§ 8.2 NOT USED
§ 8.3 PERFORMANCE BOND AND PAYMENT BOND
§ 8.3.1 The Construction Manager shall furnish bonds covering faithful performance of the Contract and payment of
obligations arising hereunder as required by law. The cost of such bonds shall be included in the Cost of the Work.
The amount of each bond shall be equal to one hundred (100%) percent of the Contract Sum.
§ 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three (3) days before the
commencement of any Work at the Project site.
ARTICLE 9 MISCELLANEOUS PROVISIONS
§ 9.1 DISPUTE RESOLUTION
§ 9.1.1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question
between the parties to this Agreement shall be resolved as provided in Article 15 of A201™–2007 except that,
during the Preconstruction Phase, no decision by the Engineer shall be a condition precedent to mediation or
arbitration.
§ 9.2 OTHER PROVISIONS
§ 9.2.1 Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in A201™–
2007, General Conditions of the Contract for Construction.

§ 9.2.2 EXTENT OF CONTRACT
This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents
the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both the Owner and Construction Manager. If anything in any document incorporated into this
Agreement is inconsistent with this Agreement, this Agreement shall govern.
§ 9.2.3 OWNERSHIP AND USE OF DOCUMENTS
Article 1.5 of A201™–2007 shall apply to both the Preconstruction and Construction Phases.
§ 9.2.4 GOVERNING LAW
The Contract shall be governed by the laws of the State of Arizona.
§ 9.2.5 ASSIGNMENT
The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other
party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2 of A201™–2007, neither party to the Contract shall assign the Contract as a whole without written
consent of the other, which consent shall not be unreasonably withheld, conditioned or delayed. If either party
attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE
§ 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the
Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this
Contract for any of the reasons described in Section 14.1.1, 14.1.2, and 14.1.4 of A201™–2007.
§ 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 prior to
commencement of the Construction Phase, the Construction Manager shall be limited to that amount set forth in
Section 4.1.1. and payable pursuant to Section 4.2.1.
§ 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after
commencement of the Construction Phase, the Construction Manager shall, in addition to the compensation
provided in Section 10.1.2, be paid an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Construction Manager.
.2 Add the Construction Manager's Fee computed upon the Cost of the Work performed and (in the case
of the Project specific fabricated materials) the cost of such fabricated materials to the date of
termination at the rate stated in Section 5.1.
.3 Subtract the aggregate of previous payments made by the Owner on account of the Construction
Phase.
If the Owner terminates the Contract pursuant to Section 14.4 of AIA Document A201-2007, the Owner shall also
pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any
equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise
included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment
of subcontracts and purchase orders (including rental agreements) following a termination of the Contract pursuant
to Section 14.4 of AIA Document A201-2007, the Construction Manager shall, as a condition of receiving the
payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the
legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may
require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such
subcontracts or purchase orders.
Subcontracts, purchase orders and rental agreements entered into by the Construction Manager shall contain
provisions permitting assignment to the Owner as described above. If the Owner accepts such assignment, the
Owner shall reimburse or indemnify (to the extent permitted by law) the Construction Manager with respect to all
costs arising under the subcontract, purchase order or rental agreement except those which would not have been
reimbursable as Cost of the Work if the contract had not been terminated. If the Owner elects not to accept the

assignment of any subcontract, purchase order or rental agreement which would have constituted a Cost of the Work
had this agreement not been terminated pursuant to Section 14.4 of AIA Document A201-2007, the Construction
Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the
Construction Manager the costs necessarily incurred by the Construction Manager by reason of such termination.
§ 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE
Subsequent to execution by both parties of Amendment No. 1, the Agreement may be terminated as provided in
Article 14 of A201™–2007.
§ 10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to
Section 14.2.4 of A201™–2007 shall not exceed the amount the Construction Manager would have been entitled to
receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement.
§ 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction
Manager under Section 14.1.3 of A201™–2007 shall not exceed the amount the Construction Manager would have
been entitled to receive under Sections 10.1.2 and 10.1.3.
§ 10.3 SUSPENSION
The Work may be suspended by the Owner as provided in Article 14 of A201™–2007; in such case, the Guaranteed
Maximum Price, if established, shall be increased as provided in Section 14.3.2 of A201™–2007 except that the
term "cost of performance of the Contract" in that Section shall be understood to mean the Cost of the Work and the
term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1.1 and 5.3.4 of
this Agreement.
§ 10.4 ARS SECTION 38-511
This Agreement may be terminated by the Owner pursuant to ARS §38-511.
§ 10.5 ARS SECTION 41-4401
The Construction Manager warrants that it is in compliance with ARS §41-4401 and further acknowledges:
.1 That the Construction Manager and its Subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with
ARS §23-214, subsection A.
.2 That a breach of warranty under subsection 1 above, shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of this Agreement;
.3 That the District retains the legal right to inspect the papers of Construction Manager or any
Subcontractor employee who work pursuant to this Agreement to ensure that the Construction
Manager or any Subcontractor is complying with the warranty provided under subsection 1 above
and that the Construction Manager agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
.4 That nothing herein shall make Construction Manager or Subcontractor an agent or employee of
the District.
§ 10.6 ARS SECTIONS 35-391.06 AND 35-393.06
The Construction Manager warrants that it is in compliance with ARS §35-391.06 and §35-393.06 and further
acknowledges that all Subcontractors, if any, warrant their compliance with ARS §35-391.06 and §35-393.06.
§ 10.7 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Stadium District Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Stadium District Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
.1 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,

.2 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.
If a Person attempts to influence any employee or agent of the Maricopa County Stadium District, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Stadium District Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
ARTICLE 11 OTHER CONDITIONS AND SERVICES
§ 11.1 BOYCOTT OF ISRAEL
The Parties agree that they are not currently engaged in, and agree that for the duration of the Agreement they will not
engage in, a boycott of Israel, as that term is defined in A.R.S. §35- 393.

This Agreement entered into as of the day and year first written above.
OWNER CONSTRUCTION MANAGER
Maricopa County Stadium District Jokake Construction
Executive Director Representative Date Date
ACCEPTED AND APPROVED:
Chairman, Board of Directors Date
ATTEST:
Clerk of the Board Date Facility Manager Date
LEGAL REVIEW:
Approved as to form and within the powers and
Authority granted under the laws of the State of
Arizona to Maricopa County Stadium District.
District Counsel Date

EXHIBIT 1- PRECONSTRUCTION FEE PROPOSAL

5013 E Washington Street
Suite 100
Phoenix, AZ 85034
Phone: 602.224.4500
Fax: 602.224.1396
Date: August 17, 2017 Pre-Con Proposal
Owner: Maricopa County Stadium District
Project Title: Chase Field Section A, B, 112, 113 & 114 Structural Repairs
Project Address: 401 E. Jefferson Street
Phoenix, AZ 85004
Mr. Daniel Rojas,
Jokake Construction Services will provide the following pre-construction services listed below as outlined in the July 21,
2017 letter Re: 179005-CMR Chase Field 2017-18 Structural Repairs Pre-Construction and GMP Schedule to Jokake
Construction.
1 - Provide a proposal that covers the CMAR's costs to perform pre-construction services and GMP development from
July 29, 2017 thru October 4, 2017.
2 - Preliminary Evaluation of Project Design/Scope, Schedule and Project Budget.
3 - Attend Meetings with MCSD and Gervasio to review status of design, schedule and cost estimates.
4 - Coordinate with Gervasio regarding constructability and alternative construction design options and alternatives
regarding procurement of materials, labor and economies of scale.
5 - Develop a project schedule that completes the scope of work and is inclusive of restricted construction dates provided
by MCSD that meet substantial and final completion dates required by MCSD/Arizona Diamondbacks.
6 - Provide alternative schedules based on possible postseason advancement options. Also advise the MCSD, Gervasio
and Diamondbacks if certain postseason advancement as well as offseason events listed below would force a reduction in
scope to meet substantial and final completion.
7 - Make any recommendations to the MCSD and Gervasio regarding the phasing of work in order to make the spaces
available for the dates required by the MCSD for events. Priority needs to be given to reparing and replacing of the
expansion joint along gridline R19.
8 - Should the initial GMP for the scope of work be over the MCSDs budget, we will work with MCSD and Gervasio to
determine a scope of work and schedule that is acceptable to all parties that is within the MCSD budget.
9 - Work with MCSD and Diamondbacks staff to plan for and assist for workspace clearance and relocation. This will
include providing labor to help relocate the engineering department to other location (s) throughout Chase Field Stadium.
10 - Final GMP will meet all requirements dictated in Section 2.2 of A121CMc-2003 and presented in a format that can be
inserted as Exhibit 1 to Amendment No.1
11- Attend the MCSD Construction Kickoff meeting with key personnel and the main trades, MCSD, Gervasio and Arizona
Diamondbacks Representatives to review working at Chase Field, Administration Requirements and other tasks
associated with working at Chase Field.
12 -Included allownace for two days for construction for scaffolding engineering, scaffolding rental, and man power.
Pre-Construction Base Cost: $201,305.22
Please contact me with any questions or concerns.
Sincerely,
Rosa Dooley, P.E.
PROJECT MANAGER
OFFICE: 602 224 4512 FAX: 602 667 5500 MOBILE: 602 541 1056
EMAIL: rosa.dooley@jokake.com
*Attachments - Pre-Con Services 7-29-17 thru 10-4-17 Estimate, Jokake Rate Sheet, and Restruction Pre-Con Proposal.
Page 1 of 5

PRICE STATUS: Bid
Pre-Con Services 7-29-17 thru 10-4-17
DATE: 08/17/17
Project Name: Chase Field Section A, B, 112, 113 & 114 Structural Repairs
Project Location: 401 E. Jefferson Street
Owner: Maricopa County Stadium District
Division Description Unit Quantity Unit Price Total Price
1 GENERAL REQUIREMENTS
01.061 Permit Fees Excluded
01.105 Director HRS 50.00 130.00 6,500.00
01.110 Project Manager HRS 252.00 100.00 25,200.00
01.115 Project Engineer HRS 252.00 85.00 21,420.00
01.116 Contract Administrator HRS 45.00 65.00 2,925.00
01.120 Project Superintendent HRS 144.00 100.00 14,400.00
01.742 Temporary Labor (Move Engineering) - 2 Days ALLOW 1.00 3,500.00 3,500.00
01.742 Temporary Labor (Seat Removal) - 2 Days ALLOW 1.00 7,000.00 7,000.00
2 SITE WORK
02.010 Demolition - Allowance ALLOW 1.0 4,000.00 4,000.00
3 CONCRETE
03.700 Restruction Pre-Con BID 1.0 7,544.00 7,544.00
Restruction 2 Working Crew Days (26
03.700 Crew) - Allowance ALLOW 1.0 40,000.00 40,000.00
03.700 Scaffolding - Allowance ALLOW 1.0 15,000.00 15,000.00
15 MECHANICAL
15.050 Basic Mechanical Make Safe - Allowance ALLOW 1.0 8,000.00 8,000.00
15.400 Plumbing - Allowance ALLOW 1.0 4,000.00 4,000.00
16 ELECTRICAL
16.050 Basic Electrical Make Safe - Allowance ALLOW 1.0 5,000.00 5,000.00
16.720 Fire Alarm - Allowance ALLOW 1.0 3,000.00 3,000.00
Sub Total- Direct Cost 167,489.00
01.780 General Insurance 1.250% 2,093.61
01.007 Builder's Risk 0.700% 1,172.42
01.006 Bonds 1.500% 2,974.95
Fee 10.00% 17,075.50
20.300 Tax 5.590% 10,499.73
Sub Total- Indirect Cost 33,816.22
GRAND TOTAL $201,305.22
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5013 E Washington Street
Suite 100
Phoenix, AZ 85034
Phone: 602.224.4500
Fax: 602.224.1396
Date: August 17, 2017 Jokake Rate Sheet
Owner: Maricopa County Stadium District
Project Title: Chase Field Section A, B, 112, 113 & 114 Structural Repairs
Project Address: 401 E. Jefferson St.
Phoenix AZ 85004
Mr. Daniel Rojas,
Please see below Jokake rates:
Senior Superintendent $ 100.00 HR
Project Assistant $ 55.00 HR
Project Engineer $ 75.00 HR
Project Manager $ 100.00 HR
Director $ 115.00 HR
Please contact me with any questions or concerns.
Sincerely,
ROSA DOOLEY, P.E.
PROJECT MANAGER
OFFICE: 602 224 4512 FAX: 602 667 5500 MOBILE: 602 541 1056
EMAIL: rosa.dooley@jokake.com
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Specialists in Structural Repair Colorado
3870 Platte Ave.
Sedalia, CO 80135
303-688-8244
Fax 303-688-6733
August 7, 2017 Utah
2606 South 3270 West
Salt Lake City, UT 84104
Ms. Rosa Dooley 801-972-1190
JOKAKE Fax 801-972-1377
5013 E. Washington St. Suite 100 Arizona
Phoenix, AZ 85034 2127 S. Priest Dr. Suite #405
Tempe, AZ 85282
480-557-9174
Reference: Chase Field Structural Repairs 2016-2017 Preconstruction Fax 480-557-9219
Website
Dear Ms. Dooley, www.restruction.com
Following is our proposal for preconstruction services for the 2017-2018 Chase Field
Structural Repair Project.
Scope of Work
Preconstruction
 Engage in preconstruction meetings to aid in the development of the project.
 Visit the site to develop and provide a streamlined cost effective project plan.
 Input all costs into the MCSD Spreadsheet to be used in the Chase Field repair
project.
Costs:
Unit Total
Item # Description Quantity Units Price Cost
1 Preconstruction Meeting 8 @ 1hr 8 HR $92.00 $736.00
2 Site Visits 24 HR $92.00 $2,208.00
3 Estimate Project & Populate Spreadsheet 50 HR $92.00 $4,600.00
Total $7,544.00
Conditions of Payment
Invoices are due 30 days from the invoice date. A 1% discount is offered if payment is
received within 15 days of the invoice date. All invoices over 30 days will be assessed a
service charge of 1 ½% per month from the original invoice date.
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Conditions of Bid
 All debris, material, and equipment will be satisfactorily removed from the site at the
completion of the work.
 Certificates of insurance will be provided before the work is started.
 Cost estimate includes Restruction Corporation standard insurance limits and AIA
indemnification language.
 Permit fees, tax and any outside testing is not included.
 Price valid for 30 days from date of proposal.
We appreciate the opportunity to provide you with our services.
Sincerely,
Adam Zius
Arizona Division Manager
OK to Proceed By:
On Behalf of:
Date:
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