15062-CONTRACT GMP #2.PDF

CONSTRUCTION MANAGEMENT AT RISK (CMR)
PHASE II
(GMP#2 Grading and Drainage)
CONSTRUCTION SERVICES
Intake Transfer & Release Facility Detention Facility Construction
FACILITIES MANAGEMENT DEPARTMENT
By and Through the OFFICE of PROCUREMENT SERVICES
Contract # 15062-CMR
Serial # 15062-CMR
C-91-
Project # 15062-CMR
MARICOPA COUNTY, ARIZONA
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
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CONSTRUCTION MANAGEMENT AT RISK
PROFESSIONAL SERVICES AGREEMENT
PHASE II
CONSTRUCTION SERVICES
BETWEEN MARICOPA COUNTY, ARIZONA, OWNER, AND
Hensel Phelps, PROFESSIONAL CMR
FOR CONSTRUCTION SERVICES FOR
Intake Transfer and Release Facility/Detention Facility Construction in Phoenix, Arizona
Whereas, Maricopa County (hereinafter the "County" or "OWNER") desires to construct Intake Transfer
and Release Facility/Detention Facility Construction in Phoenix, 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
Intake Transfer and Release Facility/Detention Facility Construction 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 26th day of April, 2017, by and between Maricopa County (hereinafter called
the "OWNER") and Hensel Phelps, hereinafter called the "CMR" as Construction Manager at Risk for
Phase II Construction Services.
Witnesseth, that the OWNER and the CMR, for the considerations herein set forth, agrees as follows:
Construction Agreement
Construction Management at Risk Phase II
The Scope of this Project is defmed as follows:
The construction of Intake Transfer and Release Facility/Detention Facility Construction, and as further
outlined in Exhibit A, attached hereto and incorporated herein by reference as though fully set forth
herein.
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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 9
ARTICLE 4- PRIORITY OF PROVISIONS 14
ARTICLE 5- DESIGN PROFESSIONAL'S AUTHORITY 14
ARTICLE 6- TIME FOR PERFORMANCE 15
ARTICLE 7- CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
18
ARTICLE 8- PAYMENTS AND COST OF THE WORK 20
ARTICLE 9- CONTINGENCY 26
ARTICLE 10- DISCOUNTS, REBATES AND REFUNDS 26
ARTICLE 11- SUBCONTRACTS AND PURCHASE ORDERS 26
ARTICLE 12- INSURANCE 27
ARTICLE 13- INDEMNIFICATION AND INSURANCE 30
ARTICLE 14- PERFORMANCE / PAYMENT BOND AND QUALIFICATIONS OF
SURETY 31
ARTICLE 15- INDEPENDENT CMR 32
ARTICLE 16- ACCESS TO AND RETENTION OF PROJECT RECORDS FOR THE
PURPOSE OF AUDIT AND/OR OTHER REVIEW 32
ARTICLE 17- AS BUILT RECORDS 33
ARTICLE 18- CMR'S RESPONSIBILITY FOR THE WORK 33
ARTICLE 19- OCCUPATIONAL HEALTH AND SAFETY 34
ARTICLE 20- PERMITS, LICENSES AND IMPACT FEES 35
ARTICLE 21- PERSONNEL 36
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ARTICLE 22- CMR'S WARRANTIES 36
ARTICLE 23- DEFECTIVE WORK 37
ARTICLE 24 - CONSTRUCTION SIGNAGE 38
ARTICLE 25- OWNERSMP OF CONTRACT DOCUMENTS 38
ARTICLE 26- CIVIR'S REPRESENTATIVE 38
ARTICLE 27- OWNER'S RIGHT TO TERMINATE CONTRACT 38
ARTICLE 28- RESOLUTION OF DISPUTES 39
ARTICLE 29- NOTICES 40
ARTICLE 30- REQUIREMENTS FOR CONTRACTS WITH SBE GOALS 41
ARTICLE 31- OTHER TERMS & CONDITIONS 41
ATTACHMENT A 46
EXHIBIT A - CONSTRUCTION DOCUMENTS 47
EXHIBIT B - GMP PROPOSAL 48
EXHIBIT C - INSURANCE CERTIFICATE(S) 49
EXHIBIT D - PAYMENT BOND 50
EXHIBIT E - PERFORMANCE BOND 51
EXHIBIT F - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM-52
EXHIBIT G ALTERNATIVE DISPUTE RESOLUTION 54
EXMBIT H - SUBCONTRACTOR MANAGEMENT PLAN 58
EXHIBIT I - LEGAL WORKER CERTIFICATION 59
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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 for the GMP #2 Grading and Drainage package of the project are as
follows:
CONTRACT PRICE WITH A GUARANTEED MAXIMUM PRICE (GIVIEP)
a, Construction $6,120,176.00
b. General Conditions $1,027,212.00
c. CMR Contingency $70,404.00
d. Construction (OWNER) Contingency $0
e. CMR' s Fee $96,174.00
f. CMR's Overhead $211,584.00
g. Bonds $47,173.00
h. Builders Risk Insurance $31,993.00
1. General Liability Insurance $43,779.00
J. Taxes $423,613.00
TOTAL GMT (ALL INCLUSIVE) $8,072,108.00
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 Intake Transfer
and Release Facility/Detention Facility Construction, prepared by Arrington Watkins
Architects, LLC, 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 PROJECT MANAGER or
CONSTRUCTION PROJECT MANAGER.
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2.6 CONDITIONAL NOTICE TO PROCEED: Not applicable herein.
2.7 CMR CONTINGENCY: The GMP may include a CMR Contingency in the amount stated in the
GMP Summary. Subject to the terms of the Contract Documents and with prior written notification
(including an appropriate Change Order Request) to DESIGN PROFESIONAL and with OWNER
approval, CMR shall be entitled to allocate from and apply against the CMR Contingency increases in
the cost of the work that could not have been reasonably anticipated or for increases in General
Condition costs. The OWNER may disallow such CMR Contingency use and deny reimbursement in
the absence of prior notice or if the OWNER determines that the use was not consistent with the
Contract Documents. CMR may not apply use or allocate from the CMR Contingency any amounts
for any of the foregoing purposes that are the result of a material breach or material failure to perform
by the CMR, any subcontractor or vendor (except as necessary to replace any subcontractor or vendor
because of the bankruptcy or failure of such party to perform), or any party for which any of them are
liable or responsible at law or under the Contract Documents, or for any non-allowable costs of the
work. 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 CMR Contingency from the GMP.
Upon Substantial Completion the DESIGN PROFESSIONAL shall issue a deductive Change Order
for the remaining CMR Contingency balance.
2.8 CONS IRUCTION 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.
2.9 CONTRACT: This Construction Agreement.
2.10 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 Monday, April 03, 2017
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.
2.11 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.
2.12 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.
2.13 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 Hensel Phelps.
2.14 DAY: A Day is defined as a 24-hour period beginning at 12:01 a.m. and ending at Midnight,
Arizona standard time.
2.15 DESIGN PROFESSIONAL: The individual, partnership, corporation, association, joint venture,
or any combination thereof, of properly registered professional architects and/or engineers, which
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has entered into an agreement to provide professional services for this Project. For purposes of
this Contract DESIGN PROFESSIONAL and ALE may be used interchangeably.
2.16 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.
2.17 FEE: CMR Profit
2.18 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.
2.19 FINAL COMPLETION: The date certified by the DESIGN PROFESSIONAL and
CONS IRUCTION PROJECT MANAGER 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
CONSTRUCTION PROJECT MANAGER; and to the best of DESIGN PROFESSIONAL's and
CONSTRUCTION PROJECT MANAGER's information and belief the Project has been fully
completed in accordance with the terms and conditions of the Contract Documents.
2.20 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
fall-time general foremen, payroll costs for management personnel resident and working on 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.
2.21 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.
2.22 INSPECTOR: An employee of the OWNER of Maricopa County, Arizona, assigned by the
Director to make observations of work performed by a CMR.
2.23 LOOK AHEAD SCHEDULE: A schedule for a period of 3 weeks ahead of the current date to be
delivered during regular Project meetings.
2.24 MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of
the Work.
2.25 NOTICE-TO-PROCEED: One or more written notices to CMR authorizing the commencement
of Work.
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2.26 THE OFFICE OF PROCUREMENT SERVICES: The Maricopa County Department with
authority for all procurement activity within Maricopa County.
2.27 OWNER'S CONTINGENCY: The GMP may include an Owner Contingency. The Owner's
Contingency shall be for the sole use of the Owner and used when so directed in writing by the
Owner. Owner Contingency may be used to cover any increases in Project costs that resulted
from Owner directed changes or unforeseen site conditions. The Owner may reduce Owner
Contingency at any point in the project through a deductive Change Order to the GMP.
2.28 OVERHEAD: All CMR home office expenses.
2.29 PLANS AND/OR DRAWINGS: The official graphic representations of this construction Project
which are a part of the Contract Documents.
2.30 PRELIMINARY WORK: not applicable.
2.31 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 CWER's General Condition
Items, (iv) schedules developed by the CMR and approved by the PROJECT MANAGER, and
any other documents or exhibits utilized to derive the GMP.
2.32 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.
2.33 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.
2.34 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.
2.35 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.
2.36 RESIDENT PROJECT REPRESENTATIVE: An authorized representative of the DESIGN
PROFESSIONAL on the Project.
2.37 SCHEDULE: The document setting for the timeline and milestones for this Project (see Exhibit B).
2.38 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.
2.39 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.
2.40 SUBMITTAL SCHEDULE: The schedule for initiation and completion of submittals
2.41 SUBSTANTIAL COMPLETION: That date on which, as certified in writing by DESIGN
PROFESSIONAL, the Work, or a portion thereof designated by the CONSTRUCTION
PROJECT MANAGER in its sole discretion, is at a level of completion in substantial compliance
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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).
2.42 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 ClVIR' 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.
2.43 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.
2.44 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 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 2.2.3.
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.
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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 CONSTRUCTION PROJECT MANAGER 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 perfoun the Work in
accordance with the Contract Documents. CIVIR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction.
3.4 CMR TO CHECK DRAWINGS, SPECIFICATIONS AND DATA: CMR shall use reasonable effort to
verify all 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.
3.5 DIFFERING SI1E CONDITIONS:
3.5.1 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
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, C1VJR, 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 OMR' 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 OAR 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.
3.5.2 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)
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days from when the CMR knew or should have reasonably inferred of such conditions) in
accordance with the provisions of this Section.
3.5.3 No 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.
3.6 SUBMITTALS:
3.6.1 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.
3.6.2 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 (with a copy to the CONSTRUCTION PROJECT
MANAGER) 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.
3.6.3 After the approval of the submittal schedule, CMR shall promptly request submittals
from the various manufacturers, fabricators, and suppliers.
3.6.4 CMR shall thoroughly review and check the submittals and timely submit them to the
DESIGN PROFESSIONAL in accordance with the requirements for such submiftals
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.
3.6.5 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.
3.6.6 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.
3.6.7 The DESIGN PROFESSIONAL shall have no duty to review partial or incomplete
submittals except as may be provided otherwise within the Contract Documents.
3.6.8 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
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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.
3.6.9 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.
3.6.10 Additional information provided by the CMR on any Submittal shall be typewritten or
lettered in ink.
3.6.11 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.
3.6.12 CMR shall keep one set of DESIGN PROFESSIONAL approved Submittals at the
Project site at all times.
3.7 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS:
3.7.1 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.
3.7.2 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 CONSTRUCTION PROJECT MANAGER in an
electrical media as required by the OWNER.
3.7.3 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.
3.7.4 Prior to, and as a condition for substantial completion, the CMR shall deliver to DESIGN
PROFESSIONAL for review and approval and delivery of the same to the OWNER all
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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 hardcopy and (1) one electronic copy.
3.8 INSPECTION AND TESTING:
3.8.1 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.
3.8.1.1 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.
3.8.1.2 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 ClVIR's cost for examination and properly
restored to the satisfaction of the DESIGN PROFESSIONAL and OWNER.
3.8.1.3 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.
3.8.2 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 CONSTRUCTION
PROJECT MANAGER.
3.8.3 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.
3.9 TAXES: CM12 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.
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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.
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, 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 ClVIR 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 CONSTRUCTION PROJECT MANAGER must be obtained.
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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 527 calendar days from the date of the Notice to Proceed. The total
Project shall be completed and ready for fmal payment in accordance with Article 8
within 60 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
Five Thousand, Six Hundred Sixty-Four Dollars, and No Cents ($5,664.00) 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
Five Thousand, Six Hundred Sixty-Four Dollars, and No Cents ($5,664.00.) 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 The maximum 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.
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6.1.5 PROJECT MANAGER and/or CONSTRUCTION PROJECT MANAGER is authorized to
deduct liquidated damages from monies due to CMR for the work under this contract or as
much thereof as PROJECT MANAGER and/or CONSTRUCTION PROJECT MANAGER
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 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 PROJECT
MANAGER pursuant to Article 6.4 hereof, has reached Substantial Completion, CMR shall
notify the DESIGN PROFESSIONAL in writing. The DESIGN PROFESSIONAL and the
CONSTRUCTION PROJECT MANAGER shall then promptly inspect the work.
6.2.2 When OWNER, on the basis of such an inspection, 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
CONSTRUCTION PROJECT MANAGER, 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 DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL 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.
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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 7.6 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.
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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.
7.2 EXTRA WORK: Without invalidating the Contract and without notice to the surety, OWNER
reserves and shall have the right, from time to time, 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.
7.3 EXPEDITING THE WORK: The CONSTRUCTION PROJECT MANAGER 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 7.6, below, as applicable.
7.4 CHANGE ORDER PROCEDURES:
7.4.1 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.
7.4.2 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 overhead for this project shall be 2.75%. The CMR's fee for this
project shall be 1.25%. The combined total of overhead and fee will not exceed 4.0%
7.4.3 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%).
7.4.4 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 CONSTRUCTION PROJECT MANAGER 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.
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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.
7.4.5 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 CONSTRUCTION
PROJECT MANAGER 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.
7.4.6 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.
7.4.7 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.
7.4.8 All approved Change Orders will be deemed final and inclusive of all claims related
thereto, including costs and time.
7.5 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS:
7.5.1 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.
7.5.2 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.
7.6 EXCUSABLE DELAY: COMPENSABLE & NON-COMPENSABLE:
7.6.1 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.
7.6.1.1 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.
7.6.2 Excusable Delay may be compensable or non-compensable.
7.6.2.1 Excusable Delay is compensable when: (i) the delay extends the Contract Time,
and (ii) is one where the CMR incurs costs as a result of a delay caused by the acts
or omissions of the Owner, the Design Professional, or anyone for whom the
Owner is responsible, including its separate contractors. An Excusable Delay is
compensable due to changes in the work ordered by the Owner. In no event shall
CMR be compensated for interim or non-critical delays, which do not extend the
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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.
7.6.2.2 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 as may have been expended, (iii) so much of the approved amount of
the CMR Contingency as may have been expended, and (iv) the CMR's construction management
"percentage of cost" fee. The contract price shall not exceed the sum shown in Article 1.0 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 CMR
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 General 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.
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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 'rimier 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
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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 peimitted 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
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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 defmed 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 Entertaininent 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 A_TA form 702/703 or equivalent at intervals of not more than once a month.
CMR shall submit such applications to the 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
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supporting evidence as may be reasonably required by DESIGN PROFESSIONAL and
OWNER, 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 schedule acceptable to DESIGN PROFESSIONAL and OWNER. 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 PROJECT MANAGER
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 CONSTRUCTION PROJECT MANAGER, 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 CONSTRUCTION PROJECT MANAGER 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 PROJECT MANAGER 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 PROJECT MANAGER 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 AR.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 CONSTRUCTION PROJECT
MANAGER 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
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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 CONSTRUCTION PROJECT MANAGER shall review
each such Request for Payment and may make such exceptions, as the DESIGN
PROFESSIONAL and the CONSTRUCTION PROJECT MANAGER reasonably deem
necessary or appropriate under the state of circumstances then existing. Final determination
resides with the CONSTRUCTION PROJECT MANAGER. In no event shall the OWNER be
required to make payment for items of the CMR's Cost to which the CONSTRUCTION
PROJECT MANAGER 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 10 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 DESIGN
PROFESSIONAL, 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 DESIGN PROFESSIONAL, reducing the Guaranteed
Maximum Price. Final Payment shall only be made after full execution of the final deductive
Change Order.
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ARTICLE 9- CONTINGENCY
91 THE OWNER CONTINGENCY: The GMP may include an OWNER Contingency. The
OWNER'S Contingency shall be for the sole use of the OWNER and used when so directed in
writing by the OWNER. OWNER Contingency may be used to cover any increases in Project
costs that resulted from OWNER directed changes or unforeseen site conditions. The OWNER
may reduce OWNER Contingency at any point in the project through a deductive Change Order
to the GMP.
9.2 CMR CONTINGENCY: The GMP may include a CMR Contingency in the amount stated in the
GMP Summary. Subject to the terms of the Contract Documents and with prior written
notification (including an appropriate Change Order Request) to DESIGN PROFESIONAL and
with OWNER approval, CMR shall be entitled to allocate from and apply against the CMR
Contingency increases in the cost of the work that could not have been reasonably anticipated or
for increases in General Condition costs. The OWNER may disallow such CMR Contingency
use and deny reimbursement in the absence of prior notice or if the OWNER determines that the
use was not consistent with the Contract Documents. CMR may not apply use or allocate from
the CMR Contingency any amounts for any of the foregoing purposes that are the result of a
material breach or material failure to perform by the CMR, any subcontractor or vendor (except
as necessary to replace any subcontractor or vendor because of the bankruptcy or failure of such
party to perform), or any party for which any of them are liable or responsible at law or under the
Contract Documents, or for any non-allowable costs of the work. 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 CMR Contingency from the GMP. Upon Substantial Completion
the DESIGN PROFESSIONAL shall issue a deductive Change Order for the remaining CMR
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 PROJECT MANAGER'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 CIVIR is unable to do so
for any subcontract, it must request and obtain the approval of the PROJECT MANAGER. 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 PROJECT MANAGER 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 ClVIR'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
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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 perfoini 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-H-. 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.
12.13 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
CIVIR'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.
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12.1.7 The policies required hereunder, except Workers' Compensation, 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 CMR waives all rights against COUNTY and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the Workers' Compensation and Employer's Liability or
commercial umbrella liability insurance obtained by CMR pursuant to this
agreement.
12.1.8.5 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.
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12.1.8.5.1 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.
12.1.8.5.2 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.
12.1.8.5.3 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.
12.1.8.5.4 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.
12.1.8.5.5 The policy of insurance shall be endorsed to include as an insured
Maricopa County, its officers, elected officials, and employees.
12.1.8.5.6 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.
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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 a form
acceptable to COUNTY, 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 ClVIR'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
13.1 CMR's Duty to Indemnify and Defend. To the fullest extent permitted by law, the ClVER 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.
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13.2 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(1).
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:
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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.
CIVER 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
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OWNER 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 and final Air
Balance Report to the Design Professional for review and approval. Submittals shall include (1)
one hardcopy and (1) one electronic copy. Upon approval of these documents 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- CAW'S RESPONSIBILITY FOR 'I HE 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 CONSTRUCTION PROJECT MANAGER
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.
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18.5 CMR shall conduct its operations and take all reasonable steps to 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.
18.6 To ensure the proper execution of subsequent Work, CMR shall inspect the Work already in place
and shall at once report to CONSTRUCTION PROJECT MANAGER 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 PRO1ECT: 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 OWNERs and users of adjacent sites and utilities. The CMR shall also be responsible,
at the CIVLR'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 Indernnitees 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.
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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 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 ACCLDENT/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 C1V1R 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.
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ARTICLE 21— PERSONNEL
21.1 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.
21.2 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
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.
21.3 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
CONSTRUCTION PROJECT MANAGER 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 CIVIR 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 PROJECT
MANAGER, 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.
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ARTICLE 23- DEFECTIVE WORK
23.1 CONSTRUCTION PROJECT MANAGER shall have the authority to reject or disapprove work
which CONSTRUCTION PROJECT MANAGER or DESIGN PROFESSIONAL finds to be
defective. If required by CONSTRUCTION PROJECT MANAGER, 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 CONSTRUCTION PROJECT MANAGER, 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 GMT, 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.
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. 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.
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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 CONSTRUCTION PROJECT MANAGER. The CMR recognizes that all signage
may be disallowed, in the CONSTRUCTION PROJECT MANAGER'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
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 unfmished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by CMIR 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, CONSTRUCTION PROJECT MANAGER 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
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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 reasonably incurred by OAR 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
CONSTRUCTION PROJECT MANAGER 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.
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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.
29.2 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:
Rich Wegele, Director
Facility Management Department
Maricopa County
401 W. Jefferson Street
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
29.3 FOR CMR:
Steven M. Grauer, Western District Manager
Hensel Phelps
4129 E. Van Buren Street
Phoenix, Arizona 85008
And to DESIGN PROFESSIONAL:
David Watkins, Principal Architect
Arrington Watkins Architects, LLC
5240 N. 16th Street, Suite 101
Phoenix, Arizona 85016
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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 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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-C7vIR
Contract between Maricopa County and Hensel Phelps Page #41

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,
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.
Intake Transfer and Release Facility Detention Facility Construction Serial # I 5062-CMR
Contract between Maricopa Count), and Hensel Phelps Page #42

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:
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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #43

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 ISRAEL BOYCOTT:
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration
of the Contract to not engage in, a boycott of Israel.
[SIGNATURES ON FOLLOWING PAGE]
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page 4:44

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first above written, in counterparts, each of which shall, without proof or accounting for the
Other counterparts, be deemed an original contract.
I5062-CMR
fer and Release Facility/Detention Facility Construction
Principal (Signature) Date
rwt t•tr_L-7 - (4 1 (e41 /1-4-
Printed Name Federal Tax Identification Number
Vrc-e PrI77,17:77,4P4-1_ czo6-1 '3 oo o
Title Arizona CMR's License Number
90976
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Date
Board of Supervisors
ATTEST:
Clerk of the Board Date
LEGAL REVIEW
Approved as to forrn and within the powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
Intake Transfer and Release Facility Detention Facility Construction Serial if 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #45

ATTACHMENT A
[General Condition Costs, Key Personnel and Labor Rates per Section 8.3.2.]
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page # 46

Construction GMP 02 Proposal
Date: April 04, 2017
Maricopa County Intake Transfer and Release Facility
HENSEL PHELPS CONSTRUCTION CO.
CONTRACT BILLING RATES - CONSTRUCTION GMP 02 PROPOSAL RI
SALARIED BILLING
STAFF POSITION Monthly Hourly
Billing Billing Rate
Project Executive $21,535 $124
Sr.Project Manager $20,869 $121
Project Manager $19,648 $114
General Superintendent $20,869 $121
Chief Estimator $21,202 $123
Pre-Con / Dev. Manager $20,869 $121
Senior Estimator $19,648 $114 .
Lead Estimator $15,763 $91
Superintendent $19,204 $111
Area Superintendent $17,428 •$101
Project Engineer $14,653 $85
Scheduler $16,207 $94
-Office Engineer $13,543 $78
Field Engineer $11,655 $67
Outreach Coordinator $14,209 $82
MEP Coordinator $16,762 $97
Cx Manager $18,316 $106
Q C Manager $17,317 $100
Q C Engineer $14,653 $85
BIM Manager $17,428 $101
BIM Engineer $14,098 $81
Safety Manager $18,316 $106
Office Manager $8,769 $51
Secretary $8,436 $49
Interns $8,644 $50
Notes:
1. The billing rates above are the average billing rates by position to be used as the basis of
cost for the duration of Construction GMP 02,
2. Staff receives 2-4 weeks paid vacation depending upon tenure.

EXHIBIT A - CONSTRUCTION DOCUMENTS
a. Drawings & Plans dated: February 15,2017
b. Specifications dated: February 15, 2017
These documents are voluminous and maintained separately from the contract documents but are
incorporated into the contract as though fully set forth and attached.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CA1R
Contract between Maricopa County and Hensel Phelps Page #47

EXHIBIT B - GMP PROPOSAL
(GMT Summary Document follows — full proposal is found in the Project file and is incorporated into the
contract as though fully set forth and attached)
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #48

!I NSEL PHELPS
'Plan_ Build. Manage.
DISTRICT OFFICE
4129 E Van Buren, Suite 100
Phoenix, AZ 85008
480.383.8480
FAX: 480.383.8499
April 03,2017
Rich Wegele
Maricopa County Facilities Management
401 W. Jefferson
Phoenix, AZ 85003
Subject: Maricopa County ITR Facility & Jail Replacement Facility
GIVIP No. 02 Grading and Drainage R1
Contract No.15062-CIVIR
Dear Mr. Wegele,
Enclosed, please find our Guaranteed Maximum Price (GMP) No. 02 for the Grading
and Drainage R1 package of the ITR Facility and Jail Replacement Facility.
Total value for GMP No. 02 R1: $8,072,108
Total calendar days for GMP No. 02 R1: 527
Included in this package are the following documents:
Detailed project cost proposal
List of the Design Professionals (Arrington Watkins) 100% Construction
Documents (Volume 2A) dated February 15,2017.
- List of Specifications and Appendices in the Project Manual dated February 15,
2017 and Addendum's issued through the bidding period
Hensel Phelps Preconstruction Constructability Reviews (Electronic Copy)
List of Clarifications and Assumptions
Project Schedule
Cost proposal schedule of values
Project staffing matrix
- Cash flow chart
Subcontractor proposals.
World-Class Innovators. Landmark Buildings, Inspiring Performance.
Modified: 072013 Form F0G1227A

HENSEL rHaps
Ptan. B uild. Manage.
Should you have any questions or comments regarding the above items, please don't
hesitate to contact the undersigned.
We continue to look forward to a successful project with Maricopa County.
HELPS
, DBIA, GM-Lean
ager
World-Class Innovators. Landmark Ildildings. Inspiring Performance.
Modified: 07.2013 Form FOCI 227A

(MP .No. 02 R April OS, 2017 HENSEL LPS
clarifications et Assirriptioris . flan.Jit. Marino.
General Items
1. The following Clarifications and Assumptions establish the basis of the proposal and
general approach taken by Hensel Phelps Construction in preparation of the Guaranteed
Maximum Price (amp) No. 02 R1 dated April 04, 2017. This GMP is intended to be for
the Grading and Drainage package and mobilization activities.
2. The proposal has been established based on the following plans and specification
documents Issued by Arrington Watkins Architects:
a, Grading and Drainage 100% Construction Drawings dated February 15, 2017
b. 100% Construction Specifications dated February 15, 2017
c. Addendums 1 through 4 generated through the bidding phase
d. Complete set of 95% CD's for reference
Division 00 & 01 — General Conditions & General Requirements
1. The following costs, fees, and services are NOT included:
a. Architectural and Engineering Services and associated costs, with the exception
of the bridge deferred submittal.
b. Design Review Services ensuring that the Contract Documents are Code
Compliant
c. Building Permit Costs and associated inspection fees
d. Plan Check Fees
e. Utility Tap or Meter Fees
t Traffic Impact Fees
g. Construction Excise Tax
h. School Tax
Professional Liability Insurance
j. Earthquake Insurance
k. Environmental Studies and Subsequent Reports, Calculations and/or Engineering
Rational Analysis Studies and Subsequent Reports
m. Soils Investigation Studies and Subsequent Reports
n. Inspection and Testing Costs (including, but not limited to, soils, earthwork,
grading and excavation, concrete, reinforcing steel, masonry, structural steel,
anchor bolts, welding (shop or field), high strength/expansion/epoxy bolts,
fireproofing, roofing, waterproofing, sealants, façade mock-up testing, glazing, and
smoke control testing.) Owner shall include special inspections, additional
concrete cylinder testing and overtime associated with inspection of the work
during concrete placement and other operations which may need to be performed
outside of normal business hours.
a. Archeological Costs
p. LEED Certifications or necessary work to comply with LEED requirements or
obtaining LEED Certification is not included.
q. Radio Amplification System
r. Audio Visual Equipment and Installation are excluded.
Mancepe Counly Intake 'Transfer r-ieleasa Firti Jail Replacement Facility Cleo ific:ations Assamptioas
Marir,ope County Hensel Phelps

RI -April 03, 01 r HENSEL PHEL
•Clarificatiorm..et AsSiirliptiOnS . Plan. Mid. Man
2. Prevailing wages or a Project Labor Agreement (PLA) are not included.
3. We have not included a specific Small Business participation goal / plan. It is our full
intention to encourage Small Business participation throughout the course of
construction.
4. Hensel Phelps has not included any cost for utility connection fees including but not
limited to; water, sanitary sewer, storm water, natural gas, or electrical.
5_ Temporary trailer manufacturer will be released to fabricate and deliver a 28'x 66' Owner
trailer and a 96'x68' CM trailer is included in this proposal. No fire sprinklers are included
in CMR or Owner's trailer. The Owner will provide office furniture for CIVIR's offices and
conference rooms only.
6. We have the understanding that the temporary trailer compound can be located at the
existing paved parking lot at the northwest section of the project (Old Impound Lot) for the
duration of the project
7. It is assumed there will be adequate laydown provided for trades working within and
adjacent to the central plant and that equipment, tools and material will be able to be
maintained at the work area within a temporarily fenced yard_
8. We have the understanding that the temporary trailers will be able to tie-in to the existing
sanitary sewer manhole at the northwest corner of the project. This manhole to be used
(MH-16 as shown on the provided Sanitary Sewer Lines as built drawing dated 5/16/96) is
approximately 450' to 500' away from the trailer compound. Temporary lines are to be
capped and abandoned.
9. We have the understanding that the temporary electrical for the temporary power services
for the construction site and trailer compound will be able to tie-in to the existing APS switch
(PS-9 — as indicated on provided as-built sheet E3.1 dated 04-04-2011) and that this service
location will be able to provide adequate power for the projected demand. Temporary
raceways are to be capped and abandoned.
10. We have the understanding that the temporary domestic water for the trailer compound will
be able to tie-in to the existing 3/4" copper domestic water line directly to the northwest of
the old impound lot approximately 7OLF from the northwest corner and that this service will
be able to provide adequate potable water for the projected demand. Temporary lines are to
be capped and abandoned.
11 We have the understanding that the temporary construction yard and primary construction
entrance can be located in and through the lot to the east of the project bordered to south
by Lower Buckeye, to the east by 27th Avenue, to the north by Maricopa County Animal
Care and Control for the duration of the project
12. It is assumed that there will be sufficient storage and laydown space on site for all
construction activities, and construction employees will be able to park personal vehicles in
a designated parking area onsite.
13. We have not Included any Site Security in GMP No. 02's cost.
Maricopa County Intake Transfer Release and jail Replacement Facility Clarifications & Assumptions
Maricope County Hensel Phelps

C41IliFk No. 02 R1 April 03, 2017 ENSEL PHELPS
clarifications ,f.k Assumption:, Nap. Build. Nano,
14. We have included a Technical Services Agreement for the SEC/DEC design assist partner
(CML) to produce all engineering, submittals, shop drawings, and product data associated
with the security and detention systems. It is expected that the Design Professional will
actively participate in the review and approval of the documentation submitted so as to not
delay GMP No. 03.
15. Scope does not include costs for power consumption, water consumption, or sewer
discharge during course of construction for temporary construction use nor for permanent
Installations for use throughout construction.
16. Warranty shall be provided as specified, in absence of a specified warranty period a
standard one (1) year Warranty will be included for all work except for industry standard
manufacturer's warranties exceeding one year which may be offered. Warranty period to
begin at date of substantial completion or upon Owner taking over the space for its intended
use, whichever comes first.
17. Transaction Privilege Tax for Arizona, Maricopa County and City of Phoenix of 8.60% Is
included.
18. Cost of work is based on work being performed continuous and uninterrupted on five, eight
hour workdays per week during normal business hours.
19. We have assumed Maricopa County has accepted the contract documents and the CMR
produced project sohedule for GMP No. 02.
20. All Construction Document reproduction and printing is excluded and will be provided by
Maricopa County_
21. in accordance with the National Oceanic Atmospheric Administration's (NOAA) historical
data related to, Latitude 33.392 N and Longitude 112.144 W, the following table Identifies
the weather activity from September 2009 through January 2017. Hensel Phelps has
Included a total of 45 weather days for GIMP No. 02 and 03 combined.
!Aaricopa County Intake Transfer Release and Jail Replacement Facility Clarificatiorts & Assumptions
Maricopa County Hensel Phelps

GIMP No. 02 RI April 032
•clarifications& Assumptions
Plan, Build. Manage.
I Anticipated Weather Days in Accordance with NOAA
Avg I I
Rainfall 2017 2018 2019
Jan I 1 1
Feb I 0.5
Mar 1 0.5
Apr 1 0.25 1
May I 0,25
Jun 0 1
Jul 1 0.5 2
Aug I 1,25 3 3 3
Sep I 1 2 2 2
Oct I 0.25
Nov 1 0.5 1
Dec I 0,75 2 2
13 15 14
Total Days 45
22. All markups on the cost of work shall be calculated in the following manner.
A Direct Cost of the Work and GC's $1,000.00 (A)
Bond (.66%) $6.60 (A x
General Liability (.6088%) $6,13 (A + B) x C
Builders Risk (.4422%) $4.48 (A+B+C)xD
Transaction Privilege Tax (5.8817%) $59.83 (A+B+C+D)xE
Subtotal $1,077.04
Overhead (2.75%) $29.62 (F x G)
Fee (1.25%) $13.46 (F x 11)
Total $1,120.12
The above rates and calculations will be the same for GMP No. 3 so long as the as
GIVIP is awarded in this calendar year and no changes occur to the Transaction
Privilege Tax rate which is beyond our control.
Division 2 — Existing Conditions
1. We have included demolition only as specifically identified within the drawings.
2. We have assumed that all existing utilities that we are to interface with are indicated on
the Contract Drawings. Utilities discovered during construction that are not identified on
the contract drawings will be considered un unforeseen conditions / differing site
conditions. Relocation of any new or existing utilities due to differing site conditions /
unforeseen conditions are not included.
3. We have assumed that the Owner has demolished all utilities, appurtenances, and
furnishings necessary prior to the Issuance of an NTP for this MP.
4. We have NOT included any unforeseen underground items not specifically listed on the
Site Demolition drawings.
Iviericopa County intake Transfer Release and Jail Re-pia:can -len' Facility . Clariticationc;& Assumptions Page 4
Maricapa County Hensel Phelps

ENSEL PHELPS
. Clarifications Lz,; Assumptions Build, Manage.
5. We have not included cost or time for any environmental analysis (Asbestos inspection
by certified AHERA certified building inspector) and/or abatement to the existing steel
components or other appurtenances to be demolished.
6. We have not included cost or time for any underground utility environmental analysis
and/or abatement
7. No Landscape drawings or specifications have been provided as part of GMP No. 02.
Subsequent costs and time, should Landscape drawing(s) be issued as part of GIMP No.
03 will be included within GMP No. 03's cost.
8. We have assumed that there are no endangered species, plants and / or vegetation that
is protected by any City, County, State or Federal entities.
9. Upgrades of existing facilities, components, appurtenances, etc. up to current codes are
excluded for all scopes.
10. it is assumed that salvage of the existing McDot canopy shade structure may not be
possible due to steel columns cast into deep concrete caisson foundations. Contractor
will salvage to owner only the portions of the shade structure that can be reasonably
preserved during demolition.
11. Private utility locating — this is the responsibility of the utility Owner per AZ Blue Stake.
Division 3— Concrete
1. We have not included any integral color, or architecturally textured/stamped concrete.
Division 23 HVAC
1. It is assumed that the pre-insulated pipe tie-in points indicated within the contract
documents have been fully coordinated with the requirements of the existing Central
Plant Hydronic System.
2. It Is assumed the treatment of the hydronic water provided frorn the Central Plant will
meet or exceed the project requirements.
Division 26— Electrical
1. It is assumed that the electrical ductbank routing on the drawings has been coordinated
with other existing underground utilities.
2. It is assumed that the electrical feeds indicated on the drawings have been fully
coordinated with APS and indicated components meet or exceed the requirements of
APS. Additionally, it Is assumed that all necessary components per the requirements of
APS and City of Phoenix (COP) are clearly indicated within the contract documents.
3. It is assumed that the tie-in points for the electrical ductbanks (Vaults, Manholes,
Handholes, ductbanks, etc.) are in good condition and are stable to accept additional
connections.
4. It is assumed that the existing ductbanks to be utilized are in good condition.
5. It is understood that in regards to GMP No. 02's Scope;
Marleopa Courtly Intake Transfer Release and Jail Replacement Facility . Clarifications& Assumptions
Maricopa County Hensel Phelps

GIVIRI:06:702 RI '.April '03 •-20
Clarifications St A.saurnp-tions'
a. APS will supply and will install the following items-
I. Transformers, Switchgear.
b. APS will Supply and the contractor will install on their behalf the following items-
Switchgear pads, pull-boxes.
C. APS will complete all associated hot side medium voltage work.
d. Contractor will provide and install-
Transformer pads
Division 27 & 28— Communications
1. It is assumed that the communication ductbank routing on the drawings has been
coordinated with other existing underground utilities.
2. It is assumed that the tie-In points for the communication ductbanks (Vaults, Manholes,
Handholes, ductbanks, etc.) are in good condition and are stable to accept additional
connections.
3. It is assumed that the existing ductbanks to be utilized are in good condition, are free
from debris and damage, have pull strings provided and are stable to accept new lines.
Division 31— Earthwork
1. Subsurface investigation is not included. Pricing is based on the parameters shown in
the geotechnical report issued by SAECO dated February 26, 2016.
2.- It is assumed that all onsite dirt Is suitable as engineered fill up to 12" below the building
footings or slabs as well as the 65,000 CIND of owner imported fill.
3. We have not included the cost associated with Maricopa County P&D Commercial
General Notes and Conditions 1,4,5, and 6 on C-C-1 .0 in Volume 2k
4. We have not included any engineering or studies to validate the drainage smote and/or
retention basin capacities.
5. Dewatering is not included except as related for casual dewatering of rainwater.
6. Dewatering is not included for flood events.
7. We have not included any recommendations or construction activities indicated in
Memorandum 1 or 2 as Indicated in the geotechnical report.
8. We have not included rock or hard dig excavation. Rock or hard dig excavation for a
minimum 30-Inch wide trench, is defined when an operator cannot excavate a minimum
of 60 cubic yards per hour or the equivalent of 90 lineal feet an hour based on an
average depth of 7-0" feet, equipped with a CAT 345 excavator or equal with a "rock
bucker having a minimum of (5) rippers.
9. We have NOT included Plant or Tree salvage or repurpose nor over excavation in
landscape, pavement, or retention basins.
Intiaricopa County intake Transfer Release and Jail Replacement Facility Clarifications 11, Assumptions
Maricopa County Hensel Phelps

• OMP No. R. . April
• Clarificatom & Assumptions .
10. We have NOT Included any bridging fabric/grid or soil treatment or stabilization;
including but not limited to portland cement or lime treating.
11. We have NOT included over-excavation of the unknown Wet/Soft Loose zones.
12. We assumed that all unused dirt / spoils from the imported stockpile (64,000 CY) and
excess soil generated from earthwork activities will remain onsite.
Division 32— Exterior Improvements
1. We have NOT included any stamped or decorative asphalt/concrete pavement
2. We have not included any landscaping.
3. Roosevelt Irrigation District (RID) dates for dry-up have not been indicated. Current
schedules reflect assumed dates. Final installation dates of components at and adjacent to
the RID will be coordinated with MC & RID.
Division 33— Utilities
I. We have included standard color grout and rip rap.
2. We have assumed that the plans provide for the required minimum separation between
water and sewer.
3. We have assumed the ground conditions under Lower Buckeye and 27th Avenue are similar
to the soil defined on-site.
4. We have assumed that an 'open cur is acceptable while crossing the Roosevelt irrigation
District (RID) canal.
5. City of Phoenix to provide water meters, by Owner per schedule.
6. Roosevelt irrigation District (RID) dates for dry-up have not been indicated. Current
schedules reflect assumed dates. Final Installation dates of components at the RID will be
coordinated with MC &
Witarioopo County Inial(6 Transfer.Release and Jail Replicoment Facili Clarifications & Assumptions-
, Madcap County Hansel Phelps

HENSEL PHELPS
Plan. Build. Manage.
Job Name
Intake Transfer & Release Facility / Detention Facility
Owner: Maricopa County
Architect: Arrington Watkins Architects
Estimate Type: GMP It Grading and Drainage R1
Current Date: 03-Apr-2017
Western District Office
4129 E. Van Buren Suite 100
Phoenix, AZ, 85008
Phone: 480.383,8480
Fax: 480.383,8499
AZROC#089.9520 Estimator RDT

Intake Transfer & Release Facility / Detention Facility
GMP II Grading and Drainage R1
CONTRACT PRICE WITH GUARANTEED MAXIMUM PRICE (GMP)
ITEM TOTAL
a. Construction $6,120,176
b. General Conditions $1,027,212
c. Bonds ((a. + b.) x .66%) $47,173
d. General Liablity Insurance ((a.+ b.+ c.) x .6085%) $43,779
a. Builders Risk Insurance ((a+ b.+ c.+ d.) x .4420%) $31,993
f. Taxes (a.+ b.+ d.+ e.) x 5.8266% $423,613
g. SUBTOTAL $7,693,946
h. CMR's Overhead (g. x 2.75%) $211,584
i. CMR's Fee (g. x 1.25%) $96,174
j, CMR Contingency $70,404
k. Construction (OWNER) Contingency $0
GMP Amount $8,072,108
The information contained In this estimate Is the proprietary property of Hensel Phelps and may be used only by the authorized recipient
Any reproduction or other reuse of this estimate or portions thereof without the express consent of Hensel Phelps is strictly prohibited.
Estimator: RDT, Estimate Checker. GRB
HENSEL PHELPS Current Date: 03-Apr-2017
Plan. Build. Kanage.

Intake Transfer & Release Facility! Detention Facility
GMP II Grading and Drainage Fri
* Ovvnec Maricopa County Drawing Date: 15-Feb-2017
Architect Arrington Watkins Architects Revision No: 0
Sector A Site A
PROJECT SECTOR: BLDG A: ITR & 512 Site Total
BLDG B: 1280
GROSS FLOOR AREA 449,410 GSF 449,410 GSF
SECONDARY UNIT: 1792 BED
FSR AMOUNT AMOUNT AMOUNT
1.02 Earthwork 0 1,920,405 1,920,405
1.03A Wet Utilities 0 1,171,533 1,171,533
1.03.1) Dry Utilities 0 710,424 710,424
1.03.0 Underground Hydrants Piping 0 1,057,860 1,057,860
1.04 Bridge Structure 0 411.718 411,718
1.06 Detention / Security Technical Services 441,100 0 441,100
General Requirements 0 407,136 407,136
Subtotal - BID PACKAGES 441,100 5,679,076 6,120,176
GENERAL CONDITIONS
General Conditions 74,034 953,178 1,027,212
Subtotal .- GENERAL CONDITIONS 74,034 953,178 1,027,212
IND1RECTS & RESERVES. '
Contractors Bonds 3,400 43,773 47,173
Subcontractor & SuPplier Bands w/ COW vtri COW w/ COW
General Liability Insurance 3,155 40,624 43,779
Builder's Risk Insurance 2,306 29,688 31,993
Permits By Owner By Owner By Owner
A & E Design Costs By Owner By Owner By Owner
Professional Liability Insurance By A/E By AIE By PJE
Transaction PrIviledge Tax 30,531 393,082 423,613
Utility Development & Tap Fees By Owner By Owner By Owner
Hazardous Material Abatement By Owner By Owner By Owner
Testing & Inspections By Owner By Owner By Owner
Escalation 0 0 0
Design Completion Reserves 0 0 0
Subtotal - INDIRECTS & RESERVES 39,392 607,106 546,558
OVERHEAD, FEES, AND CONTINGENCY
CMR's Overhead 15,249 196,334 211,584
MR's Fee 6,932 89,243 96,174
CMR Contigency 5,074 65,330 70,404
Owner Contingency 0 0 0
Subtotal - OVERHEAD, FEES, AND CONTINGENCY 27,255 350,9117 378,162
TOTAL CONSTRUCTION COST 581,782 , 7,490,326 8,072,108
1
The information contained In this estimate is the proprietary property of Hensel Phelps and may be used only by the authorized
recipient. Any reproduction Of other reuse of this estimate or portions thereof without the express consent of Hensel Phelps is
strictly prohibited.
Estimator: ROT, Estimate Checker: GRB
1-1=2 HENSEL PHELPS Current Date: 04-Apr-2017
Plan. Build_ Manage.

Intake Transfer & Release Facility / Detention Facility
GMP II Grading and Drainage
Owner: Maricopa County Drawing Date: 20-Dec-2016
Architect Arrington Watkins Architects Revision No: 0
Sector A Sector B Site A
PROJECT SECTOR: Total
Building A Building B
ITR & 512 1280 & Support
Site
GROSS FLOOR AREA: 189,188 GSF 260,222 GSF 4.49,410 GSF
SECONDARY UNIT: 512 BED 1,280 BED 1,792 BED
FSR AMOUNT AMOUNT AMOUNT AMOUNT
GMP 1: Import Soil
00.1 Import Soil 0 0 338,719 338,719
Total GMP 1: Import Soil 0 0 338,719 338,719
GMP 2: Grading & Drainage
1.02 Earthwork 0 0 1,920,405 1,920,405
1.03.A Wet Utilities 0 0 1,171,533 1,171,533
1.03.5 Dry Utilities 0 0 710,424 710,424
1.03.0 Underground Hydronlc Piping 0 0 1,057,860 1,057,860
1.04 Bridge Structure 0 0 411,718 411,718
1.06 Detention / Security Technical Services 220,550 220,550 0 441,100
Total GMP 2: Grading & Drainage 220,550 220,550 5,271,940 5,713,040
GMP 3: Remaining Cost of Work Items
3 Janitorial Services and Final Clean 47,297 65,056 0 112,353
4 Structural Concrete 1,868,385 3,560,821 33,300 5,462,507
5 Concrete Reinforcing 296,723 335,138 8,818 640,680
6 Shotcrete 0 0 0 0
7 Tilt-Up Concrete 2,334,552 6,083,397 0 8,417,949
8 Masonry 2,251,740 3,009,690 57,026 5,318,456
9 Structural Steel 1,638,187 2,304,448 0 3,942,635
10 Miscellaneous Metals 1,089,298 1,483,519 0 2,572,817
11 Rough Carpentry 2,796 3,580 0 6,376
12 Millwork 472,990 287,210 0 760,200
13 Caulking and Waterproofing 558,267 554,446 0 1,112,712
14 Plaster and E1FS 0 0 0 0
15 Metal Wall Panels 351,204 374,098 0 725,302
16 Rooting 1,382,934 1,755,492 0 3,138,426
17 Glass & Glazing 985,035 222,044 0 1,207,079
18 Drywall and Gypsum Board Ceilings 1,316,864 844,050 0 2,160,915
19 Acoustical Ceilings 512,163 464,797 0 976,960
20 Tile 78,468 34,760 0 113,228
21 Carpet and Resilient 135,625 133,541 0 269,166
22 Terrazzo and Sealed Concrete 135,665 135,192 0 270,857
23 Acoustical Wall Paneling 193,753 260,400 0 454,153
24 Painting 1,094,800 1,449,454 32,586 2,576,840
133.0 Building Specialties 0 (I 0 0
BS.1 Expansion Joints 7,876 43,627 0 51,503
55.2 Doors, Frames, and Hardware 694,973 990,144 0 1,685,117
135.3 Overhead Coiling Door 0 120,000 0 120,000
BS.4 Visual Display Devices 6,750 5,000 0 11,750
BS.5 Signage 245,944 338,289 20,000 604,233
BS.6 Entrance Mats and Frames 3,000 500 0 3,500
BS.7 Toilet Partitions 24,100 12,200 0 36,300
133.8 Corner Guards 640 0 0 640
BS.9 Toilet Accessories 62,755 44,270 0 107,025
68.10 Fire Specialties 17,400 19,850 0 37,250
BS.11 Louvers 0 0 0 0
BS.12 Solar Tubes 0 0 0 0
BS.13 Lockers 82,530 55,100 0 137,630
BS.14 Shelving 75,000 0 0 75,000
BS.15 Conveyor System 0 0 0 0
BS.16 Fall Protection 0 0 0 0
BS.17 Athletic Equipment 0 0 16,000 16,000
138.18 Flagpoles 0 0 5,000 5,000
BS.19 Site Accessories 0 0 15,000 15,000
25.. Food ServicaEquipment 468,486
26 Detention and Security 8,017,510 7,732,950 0 15,750,460
27 Elevators 115,000 0 0 115,000
28 Mechanical 6,239,277 10,871,153 0 17,110,430
29 Plumbing 3,972,666 4,708,012 0 8,680,678
30 Fire Protection 827,000 489,616 0 1,316,616
31 Electrical 7,500,000 8,750,001 482,000 16,732,000
32 Earthwork 0 0 20,500 20,500
33 Site Utilities 0 0 28,750 28,750
34 Fuel-Storage Tank 0 0 333,360 333,360
35 Asphalt Paving 0 0 773,212 773,212
36 Site Concrete 0 0 1,749,473 1,749,473
37 Bridges 0 0 0 0
38 Fencing 0 0 771,019 771,019
39 Landscaping 0 0 0 D
40 Audio Visual - FF&E 0 0 0 0
41 Healthcare Equipment - FF&E 0 0 0 0
42 Laundry Equipment - FF&E 13 51,800 0 51,800
Z1012 General Requirements 902,865 1,173,021 200,390 2,276,276
Subtotal - BID PACKAGES 45,762,584 59,455,699 10,157,092 116,375,374
GENERAL CONDITIONS

Intake Transfer & Release Facility/ Detention Facility
GMP II Grading and Drainage
Owner Maricopa County Drawing Date: 20-Dec-2016
Architect Arrington Watkins Architects Revision No: 0
Sector A Sector B Site A
PROJECT SECTOR: Total
Building A Building B
ITR & 512 1280 & Support
Site
GROSS FLOOR AREA 189,188 GSF 260,222 GSF 449,410 GSF
SECONDARY uNrr : 512 BED 1,280 BED 1,792 BED
FSR AMOUNT AMOUNT AMOUNT AMOUNT
Z1010 General Conditions 3,697,726 4,804,162 820,705 9,322,593
Z1015 Vertical Hoisting w/ COW w/ COW w/ COW w/ COW
Subtotal - GENERAL CONDITIONS 3,697,726 4,804,162 820,705 9,322,593
INDIRECTS & RESERVES
Z1020 Contractor's Bonds 329,846 428,542 73,209 823,007
Z1025 Subcontractor & Supplier Bonds re/COW w/COW w/COW w/COW
Z1030 General Uability Insurance 306,807 398,611 68,095 763,795
Z1040 Builder's Risk Insurance 224,188 291,269 49,758 558,179
Z10,50 Permits By Owner By Owner By Owner By Owner
21070 A & E Design Costs By Owner By Owner By Owner By Owner
21080 Professional Liability Insurance By NE By NE By NE By NE
Z1090 Transaction Privilge Tax 2,932,026 3,809,350 650,759 7,390,631
Z1100 Utility Development & Tap Fees By Owner By Owner By Owner By Owner
Z1110 Hazardous Material Abatement By Owner By Owner By Owner By Owner
Z1120 Testing & Inspections By Owner By Owner By Owner By Owner
Z1130 Escalation None None None None
Subtotal - INDIRECTS & RESERVES 3,792,867 4,927,772 841,822 9,535,612
FEES
Z1140 Contractor's Overhead 1,464,462 1,902,660 325,035 3,691,419
Z1150 CMR's Fee 665,665 864,845 147,743 1,677,918
Z1160 CMR Contingency 1.194,008 1551,280 265,008 3,010,297
Subtotal - FEES 3,324,135 4,318,7136 737,787 8,379,634
TOTAL CONSTRUCTION COST 56,577,312 73,506,419 12,557,406 142,613,213
COST PER GSF 299.05 282.48 - 317.33
SECONDARY UNIT COST 110,503 57,427 - 79,583
The information contained in this estimate is the proprietary property of Hensel Phelps and may be used only by the authorized recipient.
Any reproduction or other reuse alibis estimate or portions thereof without the express consent of Hensel Phelps Is strictly prohibited.
1-4=> HENSEL PHELPS
Plan. Drild. Manage. Estimator. ROT, Estimate Checker: GRB
Current Date: 3-Apr-2017
AZ ROC 11310080 Workbook: Maricopa Co. ITR Jail GMP Estimate 4-4-17.xlsm
Boeckh's Data: Phoenix, AZ / Commercial / Brick-Cone. / 2816.1 /Jan-Feb 2017

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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #49

EXHIBIT D - PAYMENT BOND
(Document follows and is incorporated into the contract as though fully set forth therein)
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #50

EXHIBIT E - PERFORMANCE BOND
(Document follows and is incorporated into the contract as though fully set forth therein.)
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #51

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 fmal 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
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #52

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
fype of Work Pd to SBE this
S BE Firm Name SBE Firm Address Performed App/Inv
1=1 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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page # 53

EXHIBIT G - ALTERNATIVE DISPUTE RESOLUTION
END OF EXIIIBIT
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.
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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #54

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 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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page #55

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 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.
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page # 56

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
Intake Transfer and Release Facility Detention Facility Construction Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page # 57

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.)
Intake Transfer and Release Facility Detention Facility Construction Serial # I 5062-CMR
Contract between Maricopa County and Hensel Phelps Page #58

EXHIBIT I - LEGAL WORKER CERTIFICATION
(Date)
Mari copa County
Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41 1101, Maricopa County (the "County") is prohibited, after
September 30, 2008 from awarding a contract to any CMR who fails, or whose subcontractors fail, to
comply with Arizona Revised Statutes § 23-214-A. The undersigned entity 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 below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor
or sub-subcontractor under any Contract resulting from this solicitation shall be deemed a material breach
of the Contract, and is grounds for penalties, including termination of the Contract, by the County. The
County retains the right to inspect the records of the below entity, subcontractor and sub-subcontractor
employee who performs work under the Contract, and to conduct random verification of the employment
records of the below entity and any subcontractor and sub-subcontractor who works on the Contract, to
ensure that the below entity and each subcontractor and sub-subcontractor is complying with the
warranties set forth above.
,P/Yet-p..5 !IV F5Jge4 Sotie' too
(Firm) (Address Line 1)
NO41 kig-tivNA P5000
(Print Name) (Address Line 2)
FRp=3 P73 ;. fot)
(Print Title) (Phone)
Ito. 3 6419
(Signature Required) (Fax)
5 /24 leo 401714-4-771,41-12,f,
(Email Address) (Federal Taxpayer ID Number)
intake Transfer and Release Facility Detention Facility Cons -action Serial # 15062-CMR
Contract between Maricopa County and Hensel Phelps Page 4159