15051-CONTRACT-CALIENTE CONSTRUCTION, INC.PDF
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JOB ORDER CONTRACTOR (JOC) CONTRACT
MARICOPA COUNTY, ARIZONA
Job Order Contractor for Parks and Recreation
Office of Procurement Services
Serial # 15051-JOC
Contract # 15051-JOC
C-70-
Maricopa County Parks and Recreation Department, Maricopa County Arizona
Division 0 - Bidding & Contract Requirements
Section Description Number of Pages
00005 Table of Contents 1
00500 Construction Contract 4
Caliente Labor Rates 1
00610 Payment Bond and Performance Bond 3
00700 General Conditions Table of Contents 6
00700 General Conditions to the Construction Contract 43
Exhibit A — Definitions to the General Conditions 3
Exhibit B — Alternate Dispute Resolution 5
Exhibit C — Legal Worker Certification 1
Exhibit D — Request for Proposal for Task Order 1
Exhibit E — Perfolinance Bond and Payment Bond Forms 2
Exhibit F — SBE Reporting Document 1
Exhibit G — Request for Qualifications dated May 28, 2015
Exhibit H — Statement of Qualifications dated May 28, 2015
Exhibit I — Certificate of Insurance for Job Order Contract 2
Exhibit J — General Requirements for the Job Order Contracts
All of the exhibits above are incorporated by reference as though fully set forth herein whether or not
physically attached to this contract.
NOTE: All references to "JOC" in this document are understood to mean the Discipline JOC.
END OF SECTION
2
SECTION 00500
JOB ORDER CONTRACT
A. EFFECTIVE DATE:
This CONTRACT is entered into by and between the Owner and the Job Order Contractor as
Contract No. 15051-JOC, and shall be effective as of August 5, 2015.
B. OWNER:
MARICOPA COUNTY
do Parks and Recreation Department
41835 N. Castle Hot Springs Rd
Unit Operations Center
Morristown, AZ 85342
C. JOB ORDER CONTRACTOR:
Caliente Construction, Inc.
485 W. Vaughn Street
Tempe, AZ 85283
Lorraine Bergman-President/CEO
Office: 480-894-5500; Fax: 480-894-2323; E-Mail: lbergman@calienteconstruction.com
D. RECITALS:
The scope of work and specifications for a broad range of services will be identified in individual
Task Orders which will be issued by the Owner from time to time. See EXHIBIT D hereto.
NOW THEREFORE, intending to be legally bound and for valuable consideration, the receipt
and sufficiency of which are acknowledged, the Owner and Job Order Contractor agree as
follows:
E. AGREEMENT:
Article I. THE CONTRACT
1.1 The Task Order and other Contract Documents explained in Section 7.1 below and the
defmitions which are contained Section 00700, Exhibit A, govern this Job Order Contract.
Article II. THE WORK
2.1 The Job Order Contractor shall execute the entire Work described by each Task Order,
including work which is reasonably inferable and necessary to produce the results intended
by the Contract and the Task Order.
Article III. CONTRACT TIME
3.1 The Job Order Contractor shall have access to the area of the Work effective from the date of
the Notice to Proceed for the assigned Task and shall achieve Substantial Completion and
3
Final Completion of the Work no later than the performance period specified in each Task
Order issued. The length of this Contract for services will be for a period of three (3) years
with two one-year options to extend the contract, but in no event will this Contract's Term
continue longer than five (5) years from the date of the Contract. The term of this Contract
shall not be extended. All Work issued hereunder must be completed in full by the final
expiration date of this Contract. Extensions to this Contract for years 4 and 5 may only be
made by an amendment signed by both parties. A permission to complete a Task Order that
extends into Year 4 or Year 5 does not extend the Contract in its entirety for the additional
year.
3.2 The Job Order Contractor shall achieve Substantial Completion of the Work (as defined in
Section 00700, Article 9.8 herein, and evidenced by a Certificate of Substantial Completion)
not later than as specified in each Task Order.
3.3 The Job Order Contractor shall achieve (as defined in Section 00700, Article 9.9 herein, and
evidenced by a Certificate of Final Completion) no later than as specified in each Task Order.
Article IV. CONTRACT SUM
4.1 The Owner shall pay the Job Order Contractor in current funds for the Job Order Contractor's
performance of individual Task Orders in an aggregate amount not to exceed Fifteen Million
Dollars ($15,000,000.00) in total, and not to exceed Five Million Dollars ($5,000,000.00) per
Fiscal Year, which Fiscal Year shall be designated by the Owner as beginning on July 1st and
ending on June 30th of the next calendar year. The single maximum value of a task issued
shall not exceed $1,000,000.00. The Owner does not guarantee a minimum Contract Sum
under this Contract, and Job Order Contractor, in accepting this Contract, does not expect a
minimum Contract Sum. Payments will be made in accordance with the sum negotiated for
each specific Task Order.
Maricopa County, at its sole discretion, may require the Job Order Contractor to purchase
from a specified or designated County supplier (i.e. Home Depot) any and/or all available
materials applied or installed by the Job Order Contractor or its subcontractors for a Task
Order. The materials purchased by the Job Order Contractor(s), or its subcontractor(s), shall
be purchased by the Job Order Contractor(s), or its subcontractor's, using their own funds
and/or credit. Any discounts offered to the JOC by the County's material supplier shall be
passed through to the County without markup. The County is not a party to these transactions
and any issue/disputes shall be resolved without the involvement of the County.
4.2 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION COSTS UP TO
$250,000.00
Overhead must be all inclusive and include all "costs of doing business". The County will
not pay separately for items such as, but not limited to warranty, project closeout, home
office expense, personal safety equipment, safety personnel, unless safety personnel is
specifically required for the Work being performed and approved by the Owner. The Job
Order Contractor agrees the overhead shall be no more than 8% and the fee shall be capped at
5%.
4.3 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION OVER $250,000.00
Overhead must be all inclusive and include all "costs of doing business". The County will
not pay separately for items such as, but not limited to warranty, project closeout, home
4
office expense, personal safety equipment, safety personnel, unless safety personnel is
specifically required for the Work being performed and approved by the Owner. Overhead
cost and percentages in addition to Job Order Contractor fee(s) shall be negotiated between
the Job Order Contractor and the County for any projects exceeding $250,000.00.
Article V. PROGRESS PAYMENTS
5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the
Job Order Contract.
Article VI. FINAL PAYMENT
6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job
Order Contract.
Article VII. CONTRACT DOCUMENTS
7.1 The Contract consists of the following documents incorporated herein by this reference:
7.1.1 The Job Order Contract — Section 00500.
7.1.2 The General Conditions to the Job Order Contract — Section 00700.
7.1.3 Permits, Change Orders, Change Directives, amendments or modifications to the
Contract.
7.1.4 Any and all documents issued during the procurement process for this Contract.
7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and
specifications.
7.1.6 Any addenda to any issued Task Orders or other Contract documents.
7.1.7 Exhibits to Section 00700:
Exhibit A — Definitions to the General Conditions
Exhibit B — Alternate Dispute Resolution
Exhibit C — Legal Worker Certification
Exhibit D — Request for Proposal for Task Order
Exhibit E — Performance Bond and Payment Bond Forms
Exhibit F — SBE Reporting Document
Exhibit G — Request for Qualifications dated May 28, 2015
Exhibit H — Statement of Qualifications dated May 28, 2015
Exhibit I — Certificate of Insurance for Job Order Contract.
Exhibit J — General Requirements for the Job Order Contracts
All of the exhibits listed above are incorporated by reference as though fully set forth,
whether or not they are physically attached to this Contract.
7.1.8 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.
5
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.
Job Order Contractor for Parks and Recreation
15051-JOC
_4.4 *Av. 07/07/15
ure Date
1 orraine Bergman 86-0697201
Printed Name Federal Tax Identification Number
President/GFO R00091625
Title License Number
Net 30 90924
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chaii man, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW
Approved as to form and within the powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
By:
Attorney for the Board of Supervisors
Date:
6
Caliente Construction Inc.
General Construction - Construction Management - Design/Build - Facilities Management
Caliente Construction Billable Rate Schedule
15051-JOC
July 6, 2015
RE:
Maricopa County Office of Procurement Services
Parks and Recreation Job Order Contract
15051-JOC
Hourly Billing
Title Rates
Project Manager 85.00
Superintendent 75.00
Project Engineer/Asst. PM 60.00
Project Coordinator 45.00
Hourly Billing
Self-Performed Work Rates
Superintendent 85.00
Journeyman 50.00
Laborer 45.00
One of the Valley's Healthiest Employers
485 West Vaughn, Tempe, Arizona 85283-3672 Phone: (480) 894-5500 Fax: (480) 894-2323
AZ R00091625 AZ R00098769 AZ R0C164561 CA 770323 UT 4741522-550 NV 0078132
ID RCE-28529 NM 85371 CO 233580 MT 159637
"We build more than structures; we build confidence and relationships that last"
SURETY BOND
ARIZONA STATUTORY BID BOND FOR CONSTRUCTION
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must not be less than 10% of the bid amount)
KNOW ALL MENBY THESE PRESENTS: The Ohio Casualty
That we. Ualsente uonstrucbon, Inc. as Principal, (hereinafteralle,d the Principal). and the Insurance COMpany
a corporation duly organized under the laws of the State of Ifew Hampshire , as Surety,
(hereinafter called the Surety). are held and firmly bound unto Maricopa County (hereinafter called the
Obligee), in the sum of Two Hundred Thousand Dollars and 00/100**
which is ten percent (10%) of the estimated Obligee's project budget for the first
year of construction, submitted by him to the Obligee, for the work described below, for the payment of
which sum, well and truly to be made, the said Principal and the said Surety, bind themselves, their heirs,
executors, and administrators, successors and assigns, jointly and severally, firmly by these presents, and in
conformance with the Arizona Revised Statutes.
WHEREAS, the said Principal is herewith submitting its Bid for Job Order Contractors for Parks and
Recreation. Serial ft 15051-JOC.
NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of the Bid and give the Bonds and Certificates of
Insurance as specified in the Standard Specifications with good and sufficient Surety for the faithful
performance of the contract and for the prompt payment of labor and material furnished in the prosecution
of the contract, or in the event of the failure of the Principal to enter into the contract and give such Bonds
and Certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty
of the bond between the amount specified in the Bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by the Bid then this obligation is void.
Otherwise it remains in full force and effect, provided however, that this bond is executed pursuant to the
provisions of Section 34-201. Arizona Revised Statutes, and all liabilities on this bond shall be
determined in accordance with the provisions of the section to the extent as if it were copied at length
herein.
19th May
Signed and sealed this day of
Paffenbarger & Walden, LLC dba The Bond Source
Agent of Record. State of Arizona
1819 E Morten Suite 220, Phoenix, AZ 85020
Agent Address
Bid Bond
Bond Number
Power of Attorney Seal
Request For Qualifications Page 26
Job Order Contractors for Parks and Recreation Thursday, May 28. 2015
Job Order Contractor Serialii 15051-JOC
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 6798706
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized underthe laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the Companies), pursuant to and by authority herein set fort, does hereby name, constitute
and appoint, Andrew J. Paffenbarcier; Bob Walden; Jennifer Castillo; Joseph A. Clarken III; Melanie Ankeney; Scott Wareing
all of the city of PHOENIX state of AZ each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
arid deliver; for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 1st day of December 2014
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West 6,merican Insurance Company
e."'rlfyz6
BY:
STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary
COUNTY OF MONTGOMERY
On this 1st day of December , 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN VVITNESS IMIEREOF, I have hereunto subscfibedvaanw‘aid affixed my notarial seal at Plymouth keeling, Pennsylvania, on the day and year first above written.
r
This Power of Attorney is made and execute‘dikursyarit Vthrityof the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual insurance Company,WWest Arneriean Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV-OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or thapresident may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fad subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shalt be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be vett and binding upon the Company with
the same forte and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of May ,20 15
By:
Gregory W. Davenport, Assistant Secretary
Lms 12873 122013 145 of 250
Attachment 4- CURRENT FORM OF PAYMENT, PERFORMANCE AND SURETY BONDS
Payment and Performance Bonds will be required on an individual task order
basis for 100% of the task order amount. DO NOT SUBMIT PAYMENT OR
PERFORMANCE BONDS WITH YOUR ORIGINAL PROPOSAL.
Documents follow.
Request For Qualifications Page 23
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
JOB ORDER CONTRACTOR (JOC) GENERAL CONDITIONS
MARICOPA COUNTY, ARIZONA
Job Order Contractor for Parks and Recreation
Office of Procurement Services
Maricopa County Parks and Recreation Department, Maricopa County Arizona
Table of Contents Page
SECTION 00700 2
ARTICLE 1: GENERAL PROVISIONS 2
1.1 DEFINITIONS, CORRELATION AND INTENT 2
1 . 2 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 4
ARTICLE 2: OWNER 4
2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER 4
2.2 OWNER'S RIGHT TO STOP THE WORK 5
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK 5
ARTICLE 3 JOB ORDER CONTRACTOR 5
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY JOB ORDER
CONTRACTOR 5
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES 6
3.3 COST PROPOSALS AND SCHEDULE OF VALUES 7
3.4 LABOR AND MATERIALS 8
3.5 SUBSTITUTION OF PRODUCTS 8
3.6 WORK HOURS 9
3.7 WARRANTY 9
3.8 TAXES 10
3.9 PERMITS AND FEES 10
3.10 JOB ORDER CONTRACTOR KEY PERSONNEL 10
3.11 JOB ORDER CONTRACTOR'S SCHEDULES 11
3.12 DOCUMENTS AND SAMPLES AT THE SITE 11
3.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 12
3.14 USE OF SITE 13
3.15 CUTTING AND PATCHING 13
3.16 CLEAN UP 14
3.17 ACCESS TO WORK 14
3.18 ROYALTIES AND PATENTS 14
ARTICLE 4 ADMINISTRATION AND RESOLUTION OF DISPUTES 15
4.1 ADMINISTRATION OF THE CONTRACT 15
4.2 CLAIMS AND DISPUTES 15
4.3 ALTERNATIVE DISPUTE RESOLUTION 18
ARTICLE 5 SUBCONTRACTORS 18
5.1 CONTRACTUAL RELATIONSHIP 18
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
18
5.3 SUBCONTRACTUAL RELATIONS 18
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACT 19
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 19
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD
OTHER CONTRACTS 19
6.2 MUTUAL RESPONSIBILITY 20
ARTICLE 7 CHANGES IN THE WORK 20
7.1 CHANGES IN THE TASK ORDER 20
7.2 NO DAMAGES FOR DELAY 21
ARTICLE 8 TIME 2
Table of Contents - General Conditions 00700-ii
8.1 PROGRESS AND COMPLETION 2
8.2 DELAYS AND EXTENSIONS OF TIME 2
8.3 TIME OF ESSENCE AND LIQUIDATED DAMAGES 2
ARTICLE 9 PAYMENTS AND COMPLETION 3
9.1 SCHEDULE OF VALUES 3
9.2 APPLICATIONS FOR PAYMENT 3
9.3 RECOMMENDATION FOR PAYMENT 5
9.4 DECISIONS TO WITHHOLD RECOMMENDATION 6
9.5 PAYMENTS TO SUBCONTRACTORS 7
9.6 INTEREST 7
9.7 FAILURE OF PAYMENT 8
9.8 SUBSTANTIAL COMPLETION 8
9.9 FINAL COMPLETION AND FINAL PAYMENT 8
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 9
10.1 SAFETY PRECAUTIONS AND PROGRAM 9
10.2 PROTECTION OF PERSONS AND PROPERTY 10
10.3 EMERGENCIES 12
ARTICLE 11 INDEMNIFICATION AND INSURANCE 12
11.1 INDEMNIFICATION 12
11.2 INSURANCE 12
11.3 CERTIFICATES OF INSURANCE 15
11.4 CANCELLATION AND EXPIRATION NOTICE 15
11.5 PERFORMANCE AND PAYMENT BONDS 15
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 15
12.1 UNCOVERING OF WORK 15
12.2 CORRECTION OF WORK 16
12.3 ACCEPTANCE OF NONCONFORMING WORK 17
ARTICLE 13 MISCELLANEOUS PROVISIONS 18
13.1 GOVERNING LAW 18
13.2 SUCCESSORS AND ASSIGNS 18
13.3 NOTICES 18
13.4 RIGHTS AND REMEDIES 19
13.5 TESTS AND INSPECTIONS 19
13.6 MANUFACTURERS' NAMEPLATES 20
13.7 MANUFACTURERS' INSTRUCTIONS 20
13.8 SBE REQUIREMENTS 20
ARTICLE 14 CONTRACT INTERPRETATION: 20
14.1 HEADINGS 20
14.2 INTERPRETATION 20
ARTICLE 15 TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK ORDER 20
15.1 TERMINATION BY THE OWNER FOR CAUSE 20
15.2 SUSPENSION BY THE OWNER FOR CONVENIENCE 21
15.3 OWNER'S TERMINATION FOR CONVENIENCE 22
EXHIBIT A 24
EXHIBIT B 27
EXHIBIT C 32
Table of Contents - General Conditions 00700-iii
EXHIBIT 13 33
EXHIBIT E 34
EXHIBIT F 36
EXIHBIT G 37
EXHIBIT H 38
EXHIBIT I
EXHIBIT J 40
Table of Contents — General Conditions 00700-iv
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
SECTION 00700
GENERAL CONDITIONS TO THE CONSTRUCTION CONTRACT
ARTICLE 1: GENERAL PROVISIONS
1.1 DEFINITIONS, CORRELATION AND INTENT
1.1. 1 Defmitions. Unless otherwise provided herein, capitalized terms used in this Contract, and not
otherwise defined herein, have the respective meanings set forth in Exhibit A, which is attached
hereto and incorporated herein by this reference.
1. 1.2 Entire Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations, or agreements, either written
or oral.
1 .1.3 Contractual Relationship. The Contract shall not be construed to create a contractual
relationship of any kind (1) between the Design Professional and the Job Order Contractor, (2)
between any Authorized Agent and the Job Order Contractor, (3) between the Owner and a
Subcontractor or (4) between any persons or entities other than the Owner and Job Order
Contractor. The Job Order Contractor is not a third party beneficiary to any agreement between
the Owner and the Design Professional. Performance by the Design Professional of duties
under such agreements is solely for the benefit of parties identified as beneficiaries under such
agreements.
1 .1 .4 Intent. The intent of the Contract is to include all items necessary for the proper execution and
completion of the Work by the Job Order Contractor.
1.1 .5 Design Professional's Supplemental Instruction. Written interpretations necessary for the proper
execution of the Work in the form of a Design Professional's Supplemental Instruction will be
issued with reasonable promptness by the Design Professional. Supplemental Instructions may
either be instructions, drawings or additional information but shall not change the Contract Sum
or Contract Time unless there is a subsequently executed Change Order.
1 . 1.6 Request for Information/Interpretation. The Job Order Contractor shall submit requests for
information and/or interpretation of the Contract to the Design Professional or to the Owner's
designee, as may be requested by the Owner.
1 . 1.7 Contract Document Order of Precedence. The Drawings, Specifications, Task Orders, and other
Contract Documents will govern the Work. The Contract Documents are intended to be
complementary and cooperative and to describe and provide for a complete Project. Anything in
the Specifications and not on the Drawings, or on the Drawings and not in the Specifications
shall be as though shown or mentioned in both.
1 . 1 . 7 . 1 If there is a conflict among Contract Documents, the document highest in
precedence shall control. The precedence for the Contract Documents shall be
from the most restrictive to the lesser restrictive in the following order:
1.1.7.1.1 The Contract.
1.1.7.1.2 General Conditions.
General Conditions for JOC Page #2
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
1.1.7.1.3 General Requirements.
1.1.7.1.4 All applicable codes including, but not limited to Building Codes and Permits
from agencies required by law.
1.1.7.1.5 Change Orders.
Contract Specifications.
Contract Drawings - Material/Equipment Schedules.
Contract Drawings - Detailed Plans, elevations, sections and isometrics.
Contract Drawings - General Plans, elevations, sections and isometrics.
Standard Plans, i.e. standard structural details, devices or instructions referred to
on the Plans or Specifications by title or number.
1.1.7.11 Reference Specifications, i.e. Test References, etc.
1.1.7.2 The Job Order Contractor shall, upon discovering any error or omission in the Drawings or
Specifications, immediately notify the Owner in writing.
1.1.8 Discrepancies in Contract. If there is any discrepancy, inconsistency, or ambiguity in the quality
or quantity of the Work or materials required under the Contract, the Job Order Contractor shall
(1) immediately bring such discrepancy, inconsistency, or ambiguity to the attention of the
Owner, and (2) provide the better quality of and/or greater quantity of the Work or materials,
without an increase in the Task Order Sum, unless otherwise directed in writing by the Owner.
If the Owner accepts the lower quality or quantity of Work or materials, the Job Order
Contractor shall remit to the Owner the difference in cost between the better quality or greater
quantity and such lower quality or lesser quantity. Such remittance shall be in the form of a
deductive Change Order as identified in Article 7.1.1.
1.1.9 Organization of Specifications and Drawings Not to Control Division of Work. Organization of
the Specifications into divisions and sections, and arrangement of Drawings, shall not control
the Job Order Contractor in dividing the Work among Subcontractors or in establishing the
extent of Work to be performed by any trade.
1.1.10 Job Order Contractor Solely Responsible for Division of Work. The Job Order Contractor is
solely responsible for the division of the Work among Subcontractors. The Owner will not act
as arbiter as to which trade or Subcontractor is to furnish or install the various items indicated or
required to complete the Work. The Job Order Contractor shall make necessary arrangements to
reconcile any and all labor conflicts without delay, damage, or cost to the Owner and without
recourse to the Owner. Nothing in this section shall preclude the Owner from specifying that
work be done by a specific Sub-Contractor to comply with the Owner's internal policies or
requirements.
1.1.11 Technical and Industry Meanings. Unless otherwise stated in the Contract, words which have
well-known technical or construction industry meanings are used in the Contract in accordance
with such recognized meanings.
1.1.12 Current Standards. Where a reference in the Contract to an American Society for Testing and
Materials Standard (ASTM), American National Standards Institute Standard (ANSI), federal
General Conditions for IOC Page #3
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
specification, or other recognized standard does not include the date of the standard, the edition
current as of the date of the Contract Documents shall apply. No consideration will be given to
claimed ignorance as to what a cited standard contains, since the Job Order Contractor and each
Subcontractor is considered to be experienced and familiar with the generally accepted,
published standards of quality and workmanship for its own trade. Requirements of such
referenced standards form a part of the Specifications to the extent indicated by the references
thereto.
1.2 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.2 . 1 Minor Design Services May Be Required For Some Task Orders. For those Task Orders that
may require design services the Job Order Contractor shall consult with the Owner who may
retain the services of a registered professional or request Job Order Contractor to retain a
Design Professional. This section does not apply to fire protections or pre-fabricated metal
structures, or any other exceptions as required by the Owner.
1 .2.2 All Drawings, Specifications, and copies thereof furnished by or to the Job Order Contractor are
and shall remain the property of the Owner. The Drawings and Specifications and the design
reflected therein shall be kept strictly confidential and shall not be disclosed or released except
as necessary for the performance of the Work. Neither the Job Order Contractor nor any
Subcontractor shall own or claim a copyright in the Drawings, Specifications, or other
documents. The Owner will retain all common law, statutory, and other reserved rights, in
addition to the copyright. The Drawings, Specifications, and other documents prepared by the
Job Order Contractor are for use solely with respect to this Project. They are not to be used by
the Job Order Contractor or any Subcontractor on other projects, or for additions to this Project
outside the scope of the Work, without the specific written consent of the Owner. The Job
Order Contractor and its Subcontractors are granted a limited license to use and reproduce
applicable portions of the Drawings, Specifications, and other documents necessary for
execution the Work. All copies made under this license shall bear the statutory copyright
notice, if any, shown on the Drawings, Specifications and other documents. Submittal or
distribution to meet official regulatory requirements or for other purposes in connection with
this Project is not to be construed as publication in derogation of the Owner's copyright or other
reserved rights. Owner hereby releases Job Order Contractor from any and all liability that may
arise in connection with the subsequent use of such Drawings and Specifications by the Owner
and others. Job Order Contractor and Subcontractors shall not take or disseminate any
photographs or videography of parts of the Project or the Project itself without first obtaining
written permission of the Owner. This section shall not apply in the instance of the Job Order
Contractor or Subcontractors utilizing pictures or videography internally in order to perfoun the
Work.
ARTICLE 2: OWNER
2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.1.1 The Owner shall furnish, for information purposes only, a copy of existing site
information and conditions and shall also furnish any Plans and Specifications needed to
construct the Project, if such have been prepared.
2.1.2 Communication with Job Order Contractor. The Owner shall forward all communications
to the Job Order Contractor.
2.1.3 Aesthetic Decisions. The Owner's decisions on matters relating to aesthetic effect will be
final.
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2.2 OWNER'S RIGHT TO STOP THE WORK
2.2.1 If the Job Order Contractor fails to perform or correct Work which is not in accordance
with the requirements of the Contract, or does not allow other contractors to timely
perform their work, the Owner may order the Job Order Contractor to stop the Work, or
any portion thereof, until the cause for such order has been eliminated; however, the right
of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Job Order Contractor or any other person or
entity.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
2.3.1 The Owner shall have the right to contact the Job Order Contractor's Surety if the Owner
determines that the Job Order Contractor is not performing in accordance with the
Contract. If the Job Order Contractor defaults or neglects to carry out the Work in
accordance with the Contract, or fails to commence and continue correction of such
default or neglect with diligence or promptness, the Owner may, after forty eight (48)
hours written notice to the Job Order Contractor and its Surety, require the Surety to
promptly assume the obligations of the Contract. Should the Surety fail to assume the
obligations within five (5) days after receipt of the written notices then Owner, without
prejudice to any other remedy it may have, may correct such nonconforming Work. In
such case, an appropriate Change Order shall be issued deducting from the payments then
or thereafter due the Job Order Contractor or the Surety all costs of correcting such
nonconfoiming Work, including but not limited to, compensation for additional services
made necessary by such default, neglect, or failure. If the payments then or thereafter due
the Job Order Contractor or its Surety are not sufficient to cover such amount, the Job
Order Contractor or its Surety shall pay the difference to the Owner within thirty (30)
days after receipt of the Owner's invoice.
ARTICLE 3 JOB ORDER CONTRACTOR
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY JOB
ORDER CONTRACTOR
3.1.1 Notice of Errors. The Job Order Contractor warrants that he has carefully reviewed the
Contract, and all documents pertaining to the Work, and that he is satisfied as to the
feasibility and correctness of the Contract to perform the Work within the Contract Time.
The Job Order Contractor shall immediately report to the Owner any errors,
inconsistencies, or omissions discovered in the Contract Documents prior to submitting
its Proposal. Any error, inconsistency, or omission which could have been discovered
prior to submitting its Proposal are waived unless reported in written form to the Owner
before submitting its Proposal. If the Job Order Contractor performs any construction
activity containing an error, inconsistency, or omission that the Job Order Contractor
recognized or should have recognized through the exercise of reasonable diligence,
without reporting such error, inconsistency, or omission to the Owner, the Job Order
Contractor shall assume responsibility for such performance and shall bear the costs for
correction.
3.1.2 Examination of Site. The Job Order Contractor warrants that he has visited and examined
the character of the Site and any existing structures and has satisfied himself as to the
nature of the Work and all matters which could in any way affect the Work. The Job
Order Contractor warrants that he has reviewed the geotechnical report, if any, included
in the Proposal Documents. The Job Order Contractor shall take field measurements and
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verify field conditions and shall compare such field measurements and conditions and
other information known to the Job Order Contractor with the Contract before
commencing the Work. Errors, inconsistencies, or omissions discovered shall be reported
to the Owner prior to submitting its Proposal. Any error, inconsistency, or omission
which could have been discovered by the Job Order Contractor prior to submitting its
Proposal are waived unless reported in written form to the Owner before submitting its
Proposal. The accuracy of grades, elevations, dimensions, or locations on work installed
by other contractors is not guaranteed by the Owner. The Job Order Contractor shall
verify the accuracy of all grades, elevations, dimensions, and locations relating to the
Work. In cases of interconnection of the Job Order Contractor's Work with other work, it
shall verify at the Site all dimensions relating to such other work. Any error due to the
Job Order Contractor's failure to verify the accuracy of such grades, elevations, location,
or dimensions shall be promptly rectified by the Job Order Contractor without any
additional cost to the Owner.
3.1.3 Job Order Contractor License. The Job Order Contractor warrants (1) that it is licensed
under the laws of the State of Arizona to perform the Work at the time of Proposal
submission, and (2) that it is familiar with and will comply with all applicable laws,
statutes, ordinances, building codes, rules and regulations, and lawful orders of public
authorities in performing the Work, including, but not limited to, environmental laws and
A.R.S. Title 34, as amended.
3.1.4 Contract Compliance with Law. If the Job Order Contractor observes that portions of the
Contract are at variance with applicable laws, statutes, ordinances, building codes, or
rules and regulations, the Job Order Contractor shall promptly notify the Owner in
writing, and necessary changes shall be accomplished by appropriate modification of the
Work. If the Job Order Contractor performs Work it knows or should know to be contrary
to laws, statutes, ordinances, building codes, or rules and regulations without such notice
to the Owner, the Job Order Contractor shall assume full responsibility for such Work
and shall bear all damages, losses, costs, and expenses attributable thereto.
3.1.5 Job Order Contractor Compliance with Contract. The Job Order Contractor shall perform
the Work in accordance with the Contract and in a first class and workmanlike manner. In
the event that the Job Order Contractor fails to do so, the Owner may withhold payments
to protect the Owner from loss, regardless of whether payment has previously been made
for the Work in question.
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES
3.2.1 Job Order Contractor to Supervise Work. The Job Order Contractor shall supervise and
direct the Work using the Job Order Contractor's best skill and attention. The Job Order
Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences, safety, and procedures associated with its Work and for
coordinating all portions of the Work under this Contract.
3.2.2 Acts and Omissions. The Job Order Contractor shall be responsible to the Owner for acts
and omissions of the Job Order Contractor's employees, Subcontractors and their agents
and employees, and other persons performing portions of the Work under a contract with
the Job Order Contractor.
3.2.3 Duty to Perform. The Job Order Contractor shall not be relieved of obligations to perform
the Work in accordance with the Contract either by activities or duties of the Owner in
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their administration of the Contract, or by tests, inspections, or approvals required or
performed by persons other than the Job Order Contractor.
3.2.4 Duty to Inspect. The Job Order Contractor shall inspect portions of the Project related to
the Job Order Contractor's Work in order to determine that such portions are in proper
condition to receive subsequent Work.
3.2.5 Limitation on Liability. Job Order Contractor acknowledges that neither the Owner nor
any of their respective agents, employees, successors, or assigns shall control the day-to-
day operations of the Job Order Contractor and shall not determine construction means,
methods, techniques or procedures, or safety precautions and programs in connection
with the Work. Job Order Contractor agrees that neither the Owner nor any of their
respective agents, employees, successors, or assigns shall be responsible for the failure of
the Job Order Contractor to perform the Work in accordance with the Contract or with
the laws, ordinances, rules, permit conditions, regulations, or lawful orders of any
governmental agency having regulatory authority over the manner, methods, or means of
performance of the Work.
3.2.6 Site Protection. The Job Order Contractor shall be responsible for all site protection and
security needed during construction.
3.3 COST PROPOSALS AND SCHEDULE OF VALUES
3.3.1 The Job Order Contractor shall submit to and have accepted by the Owner, a schedule
detailing values allocated to various portions of the Work, prepared in such form and supported
by such data to substantiate its accuracy as the Owner may require. (See JOC Cost Proposal and
Schedule of Values form, attached hereto as an Exhibit).
3.3.2 The following costs are not eligible for reimbursement pursuant to this Contract and shall
not be included in any JOC cost proposal, unless otherwise authorized by the Owner in
writing in advance.
3.3.2.1 Cellular telephones
3.3.2.2 Work vehicles
3.3.2.3 Mileage
3.3.2.4 Team building exercises
3.3.2.5 Safety rewards
3.3.2.6 Meals/entertainment
3.3.2.7 Travel expenses,
3.3.3 For all CSI division on the JOC Cost Proposal and Schedule of Values, the following
scale shall be used when receiving Sub-Contractor quotes for work:
$0 - $18,000 - 1 Subcontractor Quote Required
$18,001 - $50,000 - 2 Subcontractor Quotes Required
$50,001 - $999,999 - 3 Subcontractor Quotes Required
3.3.4 For self-performed work over $18,001, one additional Subcontractor Quote will be
required. For self-performed work over $50,001, two additional Subcontractor Quotes
will be required.
3.3.5 The Task Order consists of both the Notice to Proceed and the Purchase Order. No
Work is to begin on any Project unless both documents have been issued.
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3.4 LABOR AND MATERIALS
3.4.1 Job Order Contractor to Provide.
3.4.1.1 The Job Order Contractor shall provide and pay for labor, materials, equipment,
tools, construction equipment and machinery, water, heat, utilities, transportation,
storage, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
3.4.1.2 The Job Order Contractor shall furnish any and all labor, materials, equipment,
transportation, utilities, services and facilities specified in the Task Order for
which it is issued a Task Order Notice to Proceed in accordance with this
Agreement. The County may determine it is in its best interest to furnish
materials and equipment for a specific Task Order in accordance with the Task
Order.
3.4.2 Skilled Labor. The Job Order Contractor shall enforce strict discipline and good order
among the Job Order Contractor's employees and other persons carrying out the Contract.
The Job Order Contractor shall not permit employment of unfit persons or persons not
skilled in tasks assigned to them. At the sole discretion and opinion of the Owner, the
Job Order Contractor agrees to remove from the site any employee of the Job Order
Contractor, Subcontractor, or other person performing under the scope of Work, upon
notification by the Owner that any employee does not meet the requirements of this
paragraph.
3.4.3 Standard of Quality. Wherever materials, products, articles, equipment, systems, or
similar items are identified by reference to proprietary terms or by a similar reference, it
is intended to establish the minimum standard or measure of quality that has been
determined as requisite or intended for the Work.
3.4.4 Trade Names or Equals. The Job Order Contractor shall supply materials, processes, or
equipment specified, or a prior approved equal. Whenever any particular material,
process, or equipment is indicated by patent, proprietary or brand name, or by name of
manufacturer, such wording is used for the purpose of facilitating its description and shall
be deemed to be followed by the words "or prior approved equal"; unless such material,
process, or equipment is specifically indicated as "proprietary". A listing of materials or
equipment is not intended to be comprehensive, or in any order of preference.
3.5 SUBSTITUTION OF PRODUCTS
3.5.1 Requests for Substitutions. After the Contract has been executed, the Owner may
consider, but shall have no obligation to consider, a formal request for the substitution of
products in place of those specified under the conditions set forth in Section 012500 of
the General Requirements. The decision in the first instance on acceptance or rejection of
proposed alternate, substitute or similar materials, products, equipment, or systems shall
be vested with the Owner, whose decision shall be final and binding.
3.5.2 Conditions for Substitutions. By making requests for substitutions, the Job Order
Contractor (1) represents that the Job Order Contractor has personally investigated the
proposed substitute product and determined that it is equal or superior in all respects to
that specified, (2) represents that the Job Order Contractor will provide the same warranty
for the substitution that the Job Order Contractor would for that specified, (3) certifies
that the cost data presented is complete and includes all related costs under the Contract,
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and waives all claims for additional costs related to the substitution which subsequently
become apparent, and (4) will coordinate the installation of the accepted substitute,
making such changes as may be required for the Work to be complete in all respects.
3.5.3 Criteria for Acceptance or Rejection of Substitutes. Acceptance or rejection of proposed
alternate, substitute, or similar materials, products, equipment, or systems for use may be
based on the construction, design, function, type, size, capacity, performance, strength,
durability, finish, aesthetic quality, schedule constraints, redesign costs, the Owner's
standard for repair, replacement, and maintenance, or other characteristics or criteria
approved by the Owner.
3.5.4 Expense for Modification. Any modification to the Contract or Work necessary as a
result of the use of an approved alternate or substitute shall be paid by the Job Order
Contractor proposing the substitution.
3.5.5 Rejection of Substitute. If any alternate or substitute is not approved, the Job Order
Contractor shall use the specified material, product, equipment, or system without
adjustment to the Contract Sum or Contract Time.
3.6 WORK HOURS
3.6.1 Unless otherwise provided in the Task Order, Work shall be performed during regular
working hours. Notwithstanding the foregoing, in the event of emergency or when
required to complete, the Work may be performed on night shifts, overtime, weekends, or
holidays, provided that permission to do so has been obtained from the Owner and
confirmed in writing by the Owner twenty-four (24) hours prior to the commencement of
such Work. The Job Order Contractor will not be entitled to additional compensation for
Work performed outside of regular working hours, except to the extent such
compensation is approved by the Owner in advance. If so approved, such compensation
shall in such event cover only the direct cost of the premium portion of the time involved
and not overhead and profit. In no event will Job Order Contractor be entitled to
additional compensation for Work performed outside regular hours where occasioned by
delays, need for repairs, or other causes attributable to Job Order Contractor or its
Subcontractors, or to concurrent delay. Notwithstanding the foregoing and unless
overtime has been requested by the Owner, the Job Order Contractor shall bear all costs
of standby contractors, if any. In the event the Job Order Contractor performs any of the
Work on night shifts, overtime, weekends, or holidays, the Job Order Contractor shall
comply with all laws, ordinances, codes, rules, and regulations applicable thereto
(including, without limitation, those relating to noise).
3.7 WARRANTY
3.7.1 Free from Defects. The Job Order Contractor warrants to the Owner that (1) materials
and equipment furnished under this Contract will be of first quality and new, (2) the
Work will be free from defects, and (3) the Work will conform with the requirements of
the Task Order. Work not conforming to these requirements, including substitutions not
properly approved and authorized, shall be considered defective. This warranty is in
addition to and not limited by the provisions of Article 12.2. The warranty period is one
(1) year from Substantial Completion unless otherwise stated in the Contract documents.
3.7.2 Key System. During the warranty period in the event that any of the key systems in the
Project are not functioning properly, the Job Order Contractor will repair those systems
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within 24 hours of written notice by the Owner. Key systems are defined in the General
Requirements.
3.7.3 Assignment of Warranties. The Job Order Contractor shall assign to the Owner, before
Substantial Completion is due, all manufacturer's warranties relating to equipment,
materials, and labor used in the Work.
3.8 TAXES
3.8.1 The Task Order Sum includes and the Job Order Contractor shall pay any and all sales,
consumer, use, transaction privilege, and similar taxes on all monies owed for the Work
or portions thereof provided by the Job Order Contractor.
3.9 PERMITS AND FEES
3.9.1 Permits and Fees. The Owner shall secure and pay for the building permits, plan check
fees, and development fees required from both Maricopa County and the authority having
jurisdiction. The Job Order Contractor shall secure and pay for all other permits and
governmental fees, licenses, and inspections necessary for proper execution and
completion of the Work. Job Order Contractor is required to comply with all Job Order
Contractor-secured permit requirements at no additional cost to Owner.
3.9.2 Permit Set Copies. Job Order Contractor is required to provide Owner with three (3)
copies of all permit sets (hard copy and electronic pdf copy) acquired by Job Order
Contractor from any issuing entity, within two (2) business days from acquisition.
3.10 JOB ORDER CONTRACTOR KEY PERSONNEL
3.10.1 On Site. The Job Order Contractor shall employ competent key staff as indicated in other
Articles who shall be in attendance at the Site during performance of the Work. The
competent project representative shall represent the Job Order Contractor, and
communications given to the competent project representative shall be as binding as if
given to the Job Order Contractor Important communications shall be confirmed in
writing by the Job Order Contractor.
3.10.2 Satisfactory to Owner. The Job Order Contractor's competent project representative and
staff must be satisfactory to the Owner. The Job Order Contractor, three (3) days prior to
the Preconstruction Conference, shall submit to the Owner the names and resumes of the
competent project representative and key staff as indicated in other Articles which Job
Order Contractor proposes to use for the Work. The competent project representative and
key members of the Job Order Contractor's staff shall not change without the prior
consent of the Owner. However, the Job Order Contractor agrees to change any
competent project representative or member of the Job Order Contractor's staff at the
request of the Owner, if in the opinion of the Owner, such person's performance is
unsatisfactory.
3.9.3 Job Order Contractors Required to Attend Meetings. The Owner will call for meetings of
the Job Order Contractor and Subcontractors as it deems necessary. Such meetings shall
be held at or near the Site, on regular working days during regular working hours, unless
otherwise directed by the Owner. Attendance shall be mandatory for all parties notified to
attend, and the Job Order Contractor and Subcontractors so notified are required to have a
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responsible member of their organizations with full decision making authority in
attendance.
3.11 JOB ORDER CONTRACTOR'S SCHEDULES
3.11.1 Job Order Contractor Construction Schedule. The Job Order Contractor shall submit to
the Owner, the Construction Schedule for the Work ("Job Order Contractor Construction
Schedule"). Such Schedule (1) shall not exceed time limits as identified in the Task
Order, (2) shall be updated and submitted as often as directed and in a format acceptable
to the Owner, and (3) shall provide for expeditious and practicable execution of the
Work. Pursuant to (1) above, Job Order Contractor shall make no claim for delay against
the Owner for any Owner-caused delay within the Task Order Time.
3.11.2 Job Order Contractor shall include a total number of weather related days for the project
within the final baseline construction schedule. If delay occurs due to weather related
conditions, the Job Order Contractor shall submit a request for the number of days to the
Owner for approval within 5 calendar days. Claims for delay due to weather will be
deducted from the total number of days approved in the final baseline construction
schedule.
3.11.3 Updated Schedules. The updated Job Order Contractor Construction Schedule shall not
exceed time limits current under the Contract and shall be in accordance with and fully
coordinated with all information previously supplied to the Job Order Contractor.
Updated schedules shall be submitted as requested.
3.11.4 Scheduling Cooperation. The Job Order Contractor shall cooperate with the Owner in
providing information and clarification as required to understand the Schedule and
performance of the Job Order Contractor's Work to avoid conflict, delay in, or
interference with the work of other contractors or the construction or operations of the
Owner's own forces.
3.11.5 Confoi at to Most Recent Schedule. The Job Order Contractor shall conform to the most
recent Schedule.
3.11.6 Selection of Products. Job Order Contractor shall, at the time of submittal of the Job
Order Contractor Construction Schedule, advise the Owner of the date when the final
selection and purchase of each product or system described by an Allowance must be
completed to avoid delaying the Work.
3.11.7 Compliance with Schedules. The Job Order Contractor shall be responsible for all costs
resulting from its lack of diligence or failure to provide needed labor or materials to meet
the requirements of the Task Order. Owner may withhold payments to Job Order
Contractor if requested to do so by Job Order Contractor's Surety, or if otherwise
necessary to protect the Owner from delay or expense occasioned by the Job Order
Contractor's failure to perform under the Contract.
3.12 DOCUMENTS AND SAMPLES AT THE SITE
3.12.1 Job Order Contractor to Maintain. The Job Order Contractor shall maintain at the Site for
the use of the Owner, one copy of all Drawings, Specifications, Bulletins, Addenda,
Change Orders, Field Orders, reviewed Shop Drawings, Design Professional's
Supplementary Instructions, Requests for Information/Interpretation, and other Contract-
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related documents and their modifications, if any, in good order and marked promptly by
the Job Order Contractor to record all approved changes made during construction. The
Job Order Contractor shall also maintain all available catalog data price lists,
manufacturer's operating and maintenance instructions, schematics, certificates,
warranties, guarantees, and other documents as noted in the Construction Documents.
3.12.2 Record Documents. The Job Order Contractor shall provide the Owner with Record
Documents as a condition of Substantial Completion and they must be updated and
finalized before Final Application for Payment. The Job Order Contractor shall stamp
and sign a certification statement on each Drawing and page thereof that the Record
Documents, as submitted, are true and complete. Any changes after Substantial
Completion shall be provided prior to Final Payment Application. Record Documents
shall be updated daily and shall include approved changes and any field changes made by
the Job Order Contractor. Accurate, updated Record Documents shall be a condition of
approval of monthly and fmal Application for Payment.
3.12.3 Preparation of Manuals. Before Substantial Completion, the Job Order Contractor shall
furnish to the Owner two (2) sets of hard copy manuals and/or two (2) sets of electronic
copy manuals in PDF format on Recorded Compact (CD) disks containing the
manufacturers' instructions for maintenance and operation of each item of equipment and
apparatus furnished under the Contract and any additional data requested under the
Specifications for each division of the Work. The manuals shall be indexed and bound or
labeled in a manner acceptable to Owner. Warranties related to the Project shall be
provided as required under Article 3.6 above.
3.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.13.1 Not Part of Contract. Shop drawings, product data, samples, and similar submittals are
not part of the Contract. The purpose of their submittal is to demonstrate for those
portions of the Work for which submittals are required the way the Job Order Contractor
proposes to conform to the information given and the design concept expressed in the
Contract.
3.13.2 Prompt Submittal. The Job Order Contractor shall submit shop drawings, product data,
samples, and similar submittals required by the Contract in accordance with General
Requirements Sections 013216 and 013300 and with such promptness as to cause no
delay in the Job Order Contractor's own Work or in that of any other contractor. The Job
Order Contractor shall cooperate with the Owner in the coordination of the Job Order
Contractor's shop drawings, product data, samples and similar submittals with related
documents submitted by other contractors. Submittals made by the Job Order Contractor
which are not required by the Contract may be returned without action.
3.13.3 Review Required. The Job Order Contractor shall perform no portion of the Work
requiring submittal and review of shop drawings, product data, samples, or similar
submittals until the submittal has been reviewed by the Owner. Such Work shall be
performed in accordance with reviewed submittals.
3.13.4 Representations Made by Submittals. By approving and submitting shop drawings,
product data, samples, and similar submittals, the Job Order Contractor represents that
the Job Order Contractor has determined and verified materials, field measurements, and
field construction criteria related thereto, or will do so, and has checked and coordinated
the information contained within such submittals with the requirements of the Work and
of the Contract.
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3.13.5 Effect of Review. The Job Order Contractor shall not be relieved of responsibility for
deviations from requirements of the Contract by the Owner's or Design Professional's
review of shop drawings, product data, samples, or similar submittals unless the Job
Order Contractor has specifically informed Owner in writing of such deviation at the time
of submittal and the Owner have given written approval to the specific deviation. The Job
Order Contractor shall not be relieved of responsibility for errors or omissions in shop
drawings, product data, samples, or similar submittals by the review thereof.
3.13.6 Revisions to Submittals. The Job Order Contractor shall direct specific attention, in
writing or on resubmitted shop drawings, product data, samples, or similar submittals, to
revisions other than those requested by the Owner on previous submittals.
3.13.7 Informational Submittals. Informational submittals upon which the Owner are not
expected to take responsive action shall be so identified in the submittals.
3.13.8 Professional Certification. When professional certification of performance criteria of
materials, systems, or equipment is required by the Contract, the Owner shall be entitled
to rely upon the accuracy and completeness of such calculations and certifications.
3.14 USE OF SITE
3.14.1 Limits on Use. The Job Order Contractor shall confine operations at the Site to areas
permitted by law, ordinances, permits, and the Owner and shall not unreasonably
encumber the Site with materials or equipment. Only materials and equipment which are
to be used directly in the Work shall be brought to the Site. After equipment is no longer
required for the Work, it shall be promptly removed from the Site. See Articles 4.1.1,
6.1.1, and 6.2.1 for requirements governing concurrent Site use.
3.14.2 Owner Approval. The Job Order Contractor shall coordinate the Job Order Contractor's
operations with, and secure the approval of, the Owner before using any portion of the
Site.
3.14.3 Display of Signs. The Job Order Contractor shall not display on or about the Site any
sign, trademark, or other advertisement without the consent of the Owner.
3.14.4 Equipment Location. The Job Order Contractor's field offices, shanties, materials, storage
rooms, hoists elevators, etc., if any, will be placed in locations approved by the Owner.
When it becomes necessary, due to the progress of the Project, for the Job Order
Contractor to relocate the Job Order Contractor's field operations; such relocation will be
approved by the Owner and be accomplished in an expeditious manner with no increase
in the Contract Sum.
3.14.5 Security. The Job Order Contractor's use of the Site is governed by Task Order
requirements, if such requirements are included in the Task Order.
3.15 CUTTING AND PATCHING
3.15.1 Job Order Contractor Responsible. The Job Order Contractor shall be responsible for
cutting, fitting, or patching required to complete the Work or to make its parts fit together
properly with other work.
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3.15.2 Consent Required. The Job Order Contractor shall not damage or endanger work
perfoimed by the Owner or other contractors by cutting, patching, excavating, or
otherwise altering such construction. The Job Order Contractor shall not cut or otherwise
alter work performed by the Owner or other contractors except with written consent of
the Owner, and such other contractors; such consent shall not be unreasonably withheld.
The Job Order Contractor shall not unreasonably withhold from the other contractors or
the Owner the Job Order Contractor's consent to cutting or otherwise altering the Work.
3.16 CLEAN UP
3.16.1 Daily Clean Up. The Job Order Contractor shall, on a daily basis, clean up after its
operation by removing rubbish, including old and surplus materials. The Job Order
Contractor shall use its best efforts to prevent dust. All waste materials, rubbish, and
debris resulting from Job Order Contractor's Work shall be removed regularly from the
Site, minimum once a week, and disposed in accordance with federal, state, and local
laws. The Job Order Contractor shall not allow or permit the accumulation of waste,
materials, or equipment that may impede or interfere with the safe production of work or
with safe access or egress to the work areas, or impede in any way the ongoing Owner
operations.
3.16.2 Final Clean Up. At the completion of the Work, the Job Order Contractor shall remove
all its waste materials and rubbish from and about the Site as well as all its tools,
construction equipment, machinery, and surplus materials. The Job Order Contractor
shall professionally wash and clean all surfaces and leave the Work neat and clean, ready
for occupancy by the Owner, unless higher cleaning standards are required elsewhere in
the Contract. The Job Order Contractor shall be responsible for the overall cleanliness
and neatness of the Work.
3.16.3 Failure to Clean Up. If the Job Order Contractor fails to perform regular daily cleanup or
to clean up at the completion of the Work as specified, the Owner may do so or cause
such Work to be performed, with the cost paid for by the Job Order Contractor. The
Owner shall have the right to retain such costs from payments due Job Order Contractor
and reduce the Task Order Sum by Task Order Modification.
3.16.4 Clean Up Disputes. If a dispute arises between the Job Order Contractor and other
contractors not a party to this Contract as to their responsibility for cleaning up as
required by this Article 3.15, or elsewhere in the Contract, the Owner may clean up and
equitably charge the cost thereof to the several contractors. The Owner shall have the
right to retain such costs from payments due Job Order Contractor and reduce the Task
Order Sum by Task Order Modification.
3.17 ACCESS TO WORK
3.17.1 The Job Order Contractor shall provide the Owner access to the Work in preparation and
progress wherever located. The Job Order Contractor shall provide facilities for such
access so that the Owner may perform its functions under the Contract.
3.18 ROYALTIES AND PATENTS
3.18.1 Job Order Contractor Responsibility. The Job Order Contractor shall pay all royalties and
license fees applicable to the Job Order Contractor's Work. The Job Order Contractor
shall indemnify, defend, and hold harmless the Indemnitees from any and all suits,
demands, or claims for infringement of any patent rights unless a particular design,
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process, or product is specified in the Contract. If such specification is made and the Job
Order Contractor has reason to believe it is an infringement of a patent, the Job Order
Contractor shall be responsible for any loss arising therefrom unless the Job Order
Contractor promptly notifies the Owner prior to performing any portion of the Work
involving the patented item.
3.18.2 Effect of Review by Owner. The review by the Owner of any method of construction,
invention, appliance, process, article, device, or material of any kind shall not constitute
an approval thereof for use by the Job Order Contractor in violation of any patent or other
rights of any third party.
3.18.3 After the Contract has been executed, the Owner and Design Professional may consider,
but shall have no obligation to consider, Value Engineering Proposals. The decision in
the first instance on acceptance or rejection of a Value Engineering Proposal for a
proposal to use similar materials, products, equipment or systems shall be vested in the
Design Professional, and ultimately with the Owner, whose decision shall be final and
binding. If the submission of Value Engineering Proposals will be considered under this
Contract, Specific General Requirements Section 012413 will be included in the Contract
Documents.
ARTICLE 4 ADMINISTRATION AND RESOLUTION OF DISPUTES
4.1 ADMINISTRATION OF THE CONTRACT
4.1.1 Concurrent Site Use. The Owner will provide for coordination of the activities of other
contractors and of the Owner's own forces with the Work of the Job Order Contractor,
who shall cooperate with them. The Owner will schedule and coordinate all contractors
with respect to their use of the Site. The Job Order Contractor shall participate with other
contractors and the Owner in reviewing their construction schedules when directed to do
so. The Job Order Contractor shall make any revisions to the Job Order Contractor
Construction Schedule deemed necessary by the Owner.
4.1.2 The Owner will not have control over or change of and will not be responsible for
construction means, methods, techniques, sequences, or procedures, of for safety
precautions and programs in connection with the Work, since these are solely the Job
Order Contractor's responsibility.
4.2 CLAIMS AND DISPUTES
4.2.1 Time Limits on Claims. Claims by the Job Order Contractor must be made within the
number of days specified herein after the occurrence of the event giving rise to such
Claim or after the Job Order Contractor should have recognized, in the exercise of due
diligence, the condition giving rise to such Claim. Claims must be made by written
notice. An additional Claim made after the initial Claim has been implemented by Task
Modification will not be considered unless submitted in a timely manner.
4.2.2 Continuing Contract Performance. Pending final resolution of a Claim, including
Alternative Dispute Resolution as provided for in Exhibit B of this document, the Job
Order Contractor shall proceed diligently with performance of the Contract and the
Owner shall continue to make payments in accordance with the Contract other than
amounts in dispute.
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Job Order Contractor for Parks and Recreation
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4.2.3 Claims for Concealed or Unknown Conditions. If conditions are encountered at the Site
which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract, (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent at the Site, and (3) could not have been discovered by a thorough
inspection and investigation of the Site by the Job Order Contractor, the Job Order
Contractor shall give written notice within twenty-four (24) hours of such to the Owner.
The Owner will promptly investigate such conditions and, if they differ materially and
cause an increase or decrease in the Job Order Contractor's cost of, or time required for,
performance of any part of the Work, may arrange for an equitable adjustment in the
Task Order Sum or Task Order Time, or both. If the Owner detemiines that the
conditions at the Site are not materially different from those indicated in the Contract and
that no change in the terms of the Contract is justified, the Owner shall so notify the Job
Order Contractor in writing, stating the reasons. Claims by the Job Order Contractor in
opposition to such determination must be made within five (5) days after the Owner has
given notice of the decision.
4.2.4 Claims for Additional Cost.
4.2.4.1 Notice Prior to Execution of Work. If the Job Order Contractor wishes to make Claim
for an increase in the Contract Sum, written notice as provided in Article 4.2.4.2 shall
be given before proceeding to execute the Work. Prior notice is not required for
Claims relating to an emergency endangering life or property arising under Article
10.3. If the Job Order Contractor believes additional cost is involved for reasons
including, but not limited to, (1) a written interpretation from the Owner, (2) an order
by the Owner to stop the Work where the Job Order Contractor was not at fault, (3) a
written order for a minor change in the Work, (4) failure of payment by the Owner,
(5) temiination of the Contract by the Owner, (6) Owner's suspension, or (7) other
reasonable grounds, Claim shall be filed in accordance with Article 4.2.4.2.
4.2.4.2 Five Days After Occurrence. If the Job Order Contractor wishes to make a Claim for
an increase in the Contract Sum, the Job Order Contractor shall give the Owner
written notice thereof within five (5) days after the occurrence of the event giving
rise to such Claim or within fourteen (14) days after the Job Order Contractor should
have recognized, in the exercise of due diligence, the condition giving rise to such
Claim The Job Order Contractor shall provide such notice before proceeding to
execute the Work. Claim with respect to an emergency shall be made not later than
three (3) days after occurrence of the emergency as to which the Work was
performed.
4.2.4.3 Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an
increase in the Task Order Sum in strict compliance with the requirements of this
Article 4.2.4 shall constitute a waiver of such Claim.
4.2.4.4 Claims Against Owner's Authorized Agent. If the Job Order Contractor wishes to
make a Claim or allegation based upon actions or omissions of the Owner's
designated Authorized Agent in any way related to or touching on the activities,
events, losses, or expenses set forth in a Claim presented pursuant to this Article 4,
such Claim shall be set forth and reasonably described in the notice required by
Article 4.2.4.1. Failure to set forth and describe such Claim or allegation in such
notice shall constitute a waiver of such Claim against the Owner's Authorized Agent.
Claim shall be made within fourteen (14) days after the occurrence of the event
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giving rise to such Claim or within fourteen (14) days after the Job Order Contractor
should have recognized, in the exercise of due diligence, the condition giving rise to
such Claim.
4.2.5 Claims for Additional Time.
4.2.5.1 Estimate of Cost and Delay. If the Job Order Contractor wishes to make a Claim for
an increase in the Contract Time, written notice as provided in Article 4.2.5.4 shall be
given. The Job Order Contractor's Claim shall include an estimate of cost, analysis of
Schedule and impact on critical path, and of probable effect of delay on progress of
the Work. In the case of a continuing delay only one Claim is necessary.
4.2.5.2 Adverse Weather. 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 (pursuant to NOAA) for the period of time and could not
have been reasonably anticipated, and that weather conditions had an adverse effect
on the scheduled construction.
4.2.5.3 Critical Path. No extension of time shall be granted to the Job Order Contractor for a
delay caused by the Owner, any of the other contractors, or other causes beyond the
Job Order Contractor's control, unless the delay affects the critical path of the Project,
and then only to the extent that the delay affects the critical path. No extension of
time shall be granted to the Job Order Contractor to the extent that, notwithstanding
the existence of any such circumstance beyond the Job Order Contractor's control,
delay would have resulted in any event due to a concurrent unexcused delay by the
Job Order Contractor.
4.2.5.4 Notice of Claim for Additional Time. Should the Job Order Contractor contend that it
is entitled to an extension of time for completion of any portion or portions of the
Work, the Job Order Contractor shall, within seven (7) days of the occurrence of the
cause of the delay, notify the Owner, in writing, of its Claim, setting forth (1) the
cause of the delay, (2) a description of the portion or portions of Work affected by the
delay, (3) the specific number of days of delay for which an extension of time is
requested, and (4) all details pertaining thereto. Within five (5) Business Days after
the expiration of any such delay, if such delay continues after the filing of the Claim
pursuant to the foregoing sentence, the Job Order Contractor shall deliver to the
Owner a subsequent written application for the specific number of days of extension
of time requested.
4.2.5.5 Waiver of Claim for Additional Time. Failure to give notice of a Claim for extension
of time in strict compliance with the requirements of this Article 4.2.5 shall constitute
a waiver of such Claim.
4.2.6 Injury or Damage to Person or Property. If the Job Order Contractor suffers injury or damage to
person or property because of an act or omission of the Owner, written notice of such injury or
damage, whether or not insured, shall be given to the Owner within a reasonable time not
exceeding three (3) Business Days after first observance. The notice shall provide sufficient
detail to enable the Owner to investigate the matter. If a Claim for additional cost or time related
to this Claim is to be asserted, it shall be filed as provided in Article 4.2.4 or 4.2.5.
4.2.7 Correspondence Issues. If the Job Order Contractor does not agree with a statement or
statements set forth in correspondence from the Owner, the Job Order Contractor must submit a
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
written statement within seven (7) days after receipt, setting forth the facts of the issue.
Otherwise, the statement will be deemed to have been accepted.
4.3 ALTERNATIVE DISPUTE RESOLUTION
4.3.1 Notwithstanding anything to the contrary provided elsewhere in the Contract, the
Alternative Dispute Resolution ("ADR") process provided for in Exhibit B attached
hereto and incorporated herein by this reference shall be the exclusive means for
resolution of claims or disputes arising under this Contract.
ARTICLE 5 SUBCONTRACTORS
5.1 CONTRACTUAL RELATIONSHIP
5.1.1 Nothing contained in the Contract shall create any contractual relationship between the
Owner and any Subcontractor. However, the County reserves the right to reject any
subcontractor proposed by the Job Order Contractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
5.2.1 Division of Work. The Job Order Contractor shall, prior to execution of the Contract,
designate and distinguish in writing to the Owner those portions of the Work to be
performed by Subcontractors and the Job Order Contractor's own forces.
5.2.2 Proposed Subcontractors. The Job Order Contractor shall, prior to the start of the Work,
furnish in writing to the Owner for review the names of person or entities (including
those who are to furnish materials or equipment) proposed for the design, if any, and
management portion of the Work.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Subcontractors Subject to Contract. By an appropriate written Agreement, the Job Order
Contractor shall require each Subcontractor, to the extent of the Work to be performed by
the Subcontractor, to be bound to the Job Order Contractor by the terms of the Contract,
and to assume toward the Job Order Contractor all the obligations and responsibilities
which the Job Order Contractor assumes toward the Owner, except with respect to the
ADR provisions of this Contract. The Job Order Contractor shall require its
Subcontractors to enter into similar agreements with their Subcontractors, except with
respect to the ADR provisions of this Contract. The Job Order Contractor shall make
available to each proposed Subcontractor, prior to the execution of the subcontract,
copies of this Contract to which the Subcontractor will be bound, except with respect to
the ADR provisions of this Contract. Each Subcontractor shall similarly make copies of
this Contract available to their Subcontractors.
5.3.2 Terms to be Included in Subcontracts. All Work performed for the Job Order Contractor
by a Subcontractor shall be pursuant to a written agreement between the Job Order
Contractor and the Subcontractor. The Job Order Contractor will ensure that each such
subcontract contains provisions requiring:
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
5.3.2.1 that the Work be performed and guaranteed in accordance with the requirements of
this Contract;
5.3.2.2 submission to the Job Order Contractor of Applications for Payment under each
subcontract in the manner prescribed by the Owner, and reasonable time to enable
the Job Order Contractor to apply for payment in accordance with Article 9;
5.3.2.3 that the Subcontractor pay sub-subcontractors in accordance with A.R.S. § 34-221;
5.3.2.4 that the Subcontractor purchase and maintain insurance and comply with all
insurance provisions as required by Article 11. If any subcontractor is unable to
comply with this paragraph the Job Order Contractor shall request a waiver of this
requirement in writing, and shall provide justification for a waiver. If the Owner
grants the request it shall not constitute a waiver of the Owner's right to strict
performance of this contract, including the insurance requirements for all other
subcontractors. No waiver of a subcontractor's insurance requirements will be
effective unless it is in writing.
5.3.2.5 that the Subcontractor consents to an assignment of the subcontract from the Job
Order Contractor to the Owner in the event of teintination of the Job Order
Contractor by the Owner.
5.3.2.6 that the Subcontractor complies with all safety requirements.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACT
5.4.1 Each subcontract for a portion of the Work is hereby assigned by the Job Order
Contractor to the Owner provided that:
5.4.1.1 assignment is effective only after termination of the Task Order or Contract by the
Owner for cause pursuant to Article 15.1 and only for those subcontracts which the
Owner accepts by notifying the Subcontractor in writing; and
5.4.1.2 assignment is subject to the prior rights of the Surety, if any, obligated under the
bond required by the Contract.
5.4.2 The Job Order Contractor shall conform to the Subcontractor Plan. The Job Order
Contractor's submitted subcontractor selection plan applies to all persons or firms
selected to perform the construction services and requires the selection of subcontractors
to be based on qualifications alone or on a combination of qualifications and price, but
not based on price alone.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO
AWARD OTHER CONTRACTS
6.1.1 The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, which include persons or entities under separate contracts
not administered by the Owner. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or
operations on the Site.
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
6.2 MUTUAL RESPONSIBILITY
6.2.1 Coordination with Owner's Forces. The Job Order Contractor shall afford the Owner's
own forces, and other contractor's reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activities, and shall connect and
coordinate the Job Order Contractor's construction and operations with theirs as required
by the Contract.
6.2.2 Defects in Other Work. If part of the Job Order Contractor's Work depends upon
construction or operations by the Owner's own forces or other contractors, the Job Order
Contractor shall, prior to proceeding with that portion of the Work, promptly report to the
Owner apparent discrepancies or defects in such other construction that would render it
unsuitable for proper execution and results. Failure of the Job Order Contractor to so
report shall constitute an acknowledgment that the Owner's own forces or other
contractors' completed or partially completed construction is fit and proper to receive the
Job Order Contractor's Work, except as to defects not then reasonably discoverable.
6.2.3 Damage to Other Work. The Job Order Contractor shall promptly remedy damage caused
by the Job Order Contractor to the completed or partially completed Project or to the
property of the Owner or other contractors.
ARTICLE 7 CHANGES IN THE WORK
7.1 CHANGES IN THE TASK ORDER
7.1.1 The Owner reserves the right to make, at any time during the progress of a Task Order,
such alterations as may be found necessary or desirable.
7.1.1.1 Such alterations and changes shall not invalidate this Contract or the Task Order nor
release the surety and the Job Order Contractor agrees to perform the Task Order as
altered, the same as if it has been a part of the original Task Order Documents.
7.1.1.2 The Owner will request a proposal for a change in a Task Order from the Job Order
Contractor, and an adjustment in the Task Order Price and/or Task Order Time shall
be made based on a mutually agreed upon cost and time. The Job Order Contractor
may proceed with the modified Work only when a revised Purchase Order and a
Notice to Proceed have been issued for the revised Work.
7.1.2 Task Order Sum. Adjustments to the Task Order Sum shall be based on actual cost,
which is itemized for the purpose of preparing pricing for Task Orders and Task Order
Modifications, the Job Order Contractor shall submit to the Owner a complete
itemization of all costs required for the Task Order or Task Order Modification in such
foul' and detail as requested by the Owner.
7.1.3 Calculating Mark-Up Costs on a Modification. All markups for modifications, additive
and deductive shall be calculated in the following manner When both additive deductive
activities exist within the same modification, mark-ups shall be calculated on the net
amount. Each trade billing for a modification shall indicate the PCO number and the
amount billed against the PCO number.
Example:
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
Direct Cost of the Work $1,000.00
Bond (.67%) $6.70
General Liability (.53%) $5.34
Builders Risk (.13%) $1.32
Subtotal $1,013.36
Overhead (8.00%) $81.07
Fee (5.00%) $50.67
Subtotal $1,145.10 *
* Any/all applicable sales or transation privilege taxes must be determined by the Job Order
Contractor.
7.1.4 Actual Costs. Except for modifications based on unit prices included in the Contract, cost
changes shall be computed by deteimining the actual cost enumerated in Article 7.1.2. to
which the combined overhead and profit may be added, and then adding the insurance,
bonds, and tax to compute the total cost.
7.1.5 Labor Prices, General Conditions, Overhead and Profit and Fees in the Contract are in
effect for the duration of the Contract not subject to further overhead and profit
adjustments. The Contract Sum will be adjusted by the direct extension of the number of
units and the unit prices.
7.1.6 Final Settlement. Agreement on any Task Order Modification shall constitute a final
settlement of all matters relating to the change in the Work which is the subject of the
Modification, including, but not limited to, all direct and indirect costs associated with
such change, any impact such change may have on the unchanged Work, and any and all
adjustments to the Task Sum or the Task Time. In the event a Modification increased the
Task Sum, the Job Order Contractor shall include the Work covered by such
Modification in Applications for Payment as if such Work were originally part of the
Contract. Agreement on any Modification releases the Owner, Design Professional and
any other party in privity of Contract with the Owner with respect to the Project from all
claims or liabilities arising in any way in connection with, or in any way associated with,
such Modification.
7.2 NO DAMAGES FOR DELAY
No claim for damages, or any claim other than for an extension of time, shall be made or
asserted against OWNER by reason of any delays unless such delay is one for which the
Owner is responsible, which is unreasonable under the circumstances and which was not
one within the contemplation of the parties at the time of contracting. Otherwise the Job
Order Contractor shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from OWNER for direct, indirect, consequential, impact or
other costs, expenses or damages, including, but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, Eichleay Formula Costs, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided further, however, that this provision shall not preclude recovery of
damages by the Job Order Contractor for hindrance or delays due solely to fraud, bad
faith or active interference on the part of OWNER or its agents. Otherwise, the Job Order
Contractor shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delay, in accordance with and to the extent
specifically provided above.
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
ARTICLE 8 TIME
8.1 PROGRESS AND COMPLETION
8.1.1 Consent to Task Order Time. The Job Order Contractor acknowledges that the Task
Order Time is a reasonable period for performing the Work, and that it is capable of
properly completing the Work within the Task Order Time.
8.1.2 Compliance with Task Order Time. The Job Order Contractor shall carry the Work
forward expeditiously with adequate forces to maintain progress in accordance with the
Job Order Contractor Construction Schedule and to complete the Work within the Task
Order Time.
8.1.3 Notice Required Before Commencing Work. The Job Order Contractor shall give timely
notice before commencement of the Work, to all persons, public utility companies,
Owners of property having structures or improvements in proximity to the Site,
superintendents, inspectors, or those otherwise in charge of property, streets, water lines,
gas lines, sewer lines, telephone cables, communication or data cables, electric cables,
railroads, or others who may be affected by Job Order Contractor's operations, in order
that they may remove any obstruction for which they are responsible, and have
representation on the Site to see that their property is properly protected in accordance
with requirements of the Task Order. Such notice does not relieve the Job Order
Contractor of responsibility for any damages, claims, or defense of all actions against the
Owner resulting from performance of the Work.
8.1.4 Maintenance of Utilities. The Job Order Contractor shall (1) protect utilities encountered
whether indicated on Drawings or not; (2) exercise care in excavation around utilities;
(3) restore any damaged items to the same condition (or better) as existed prior to starting
the Work; and (4) maintain utilities or other services indicated to be abandoned in service
until new services are provided, tested, and ready for use. Note: In Owner campuses, use
of private utility locator service is required, as Blue Stake has no record of underground
utilities in these areas.
8.2 DELAYS AND EXTENSIONS OF TIME
8.2.1 Notice of Delays. The Job Order Contractor shall provide prompt written notice to the
Owner of the occurrence of any delay, and in no event shall such notice be given later
than forty-eight (48) hours after commencement of the delay. The Job Order Contractor
agrees that adjustments in the Contract Time will be permitted for a delay only to the
extent such delay (1) is not caused or should not have been anticipated by the Job Order
Contractor, and (2) could not have been limited or avoided by the Job Order Contractor's
timely notice to its suppliers, Subcontractors, or Owner of the delay.
8.2.2 Claims for Additional Time. Claims relating to time shall be made in accordance with
Article 4.2.5.
8.2.3 Recovery of Damages Not Precluded. This Article 8.2 does not preclude recovery of
Owner's damages for delay by the Job Order Contractor, if such occurs.
8.3 TIME OF ESSENCE AND LIQUIDATED DAMAGES
8.3.1 Time is of the essence with respect to the performance of each of the covenants,
conditions, and obligations contained in this Contract.
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Job Order Contractor for Parks and Recreation
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8.3.2 Upon failure of Job Order Contractor to substantially complete the Task Order within the
specified period of time, plus approved time extensions, Job Order Contractor shall pay
to OWNER the sum identified in the Notice to Proceed for each calendar day after the
time specified in the Task Order Notice to Proceed, plus any approved extensions for
Substantial Completion. After Substantial Completion, should Job Order Contractor fail
to complete the remaining work within the time specified in the Task Order Notice to
Proceed, plus approved time extensions thereof, for completion and readiness for Final
Completion, Job Order Contractor shall pay to OWNER the sum identified in the Notice
to Proceed for each calendar day after the time specified in the Task Order Notice to
Proceed, plus any approved extensions, for completion and readiness for final payment.
These amounts are not penalties but are liquidated damages to OWNER for its inability to
obtain full beneficial occupancy of the Project.
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 Job Order Contractor to complete the Task Order on time. The
above-stated liquidated damages shall apply separately to Substantial Completion and
Final Completion.
8.3.3 OWNER is authorized to deduct liquidated damages from monies due to Job Order
Contractor for the work under this contract or as much thereof as OWNER may, at its
option, deem just and reasonable.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 SCHEDULE OF VALUES
9.1.1 The Schedule of values, after acceptance by the Owner, shall be used as a basis for
reviewing the Job Order Contractor's Applications for Payment.
9.2 APPLICATIONS FOR PAYMENT
9.2.1 Job Order Contractor shall submit to the Owner an itemized application requesting
payment for Work completed, or reasonably projected to be completed by the end of the
month, in accordance with the Schedule of Values, substantiating the Job Order
Contractor's right to payment as Owner may require, such as copies of requisition from
Subcontractors ("Application for Payment").
9.2.2 Submission of Applications for Payment.
9.2.2.1 One original of the payment invoice is to be submitted by delivering a complete
invoice with all substantiating documentation electronically to:
FMD-AccountsPayable@mail.maricopa.gov .
9.2.3 All invoices must include the following information. Failure to include this information
may cause the invoice to be rejected and may result in delayed payments.
-FMD Project Name
-FMD Project Number
-FMD Contract Number
-County Purchase Order Number
-Vendor Name
-Maricopa County Vendor Number
-Unique Invoice Number
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
9.2.4 County shall pay Job Order Contractor within fourteen (14) days of receipt of Job Order
Contractor's proper statement. To be deemed proper, all invoices must comply with the
requirements set forth in this Agreement and must be submitted on the form and pursuant
to instructions prescribed by Project Manager,. Payment may be withheld for failure of
Job Order Contractor to comply with a term, condition, or requirement of this Agreement.
9.2.5 Notwithstanding any provision of this Agreement to the contrary, County may withhold,
in whole or in part, payment to the extent necessary to protect itself from loss on account
of inadequate or defective work which has not been remedied, or resolved in a manner
satisfactory to the Project Manager, and/or due to Job Order Contractor's failure to
comply with Section 3.2.1 herein. The amount withheld shall not be subject to payment
of interest by County.
9.2.6 Task Modification Payment. Applications for Payment may not include requests for
payment for changes in the Work that have not been properly authorized by Task
Modification.
9.2.7 Identifying Task Modifications in the Schedule-of-Values. Each modification shall be
listed separately in the Job Order Contractor's Schedule-of-Values. Modifications shall
be listed by Potential Change Order number, by trade or Subcontractor and include a line
item for the JOC' s mark-ups associated with the change.
Example:
A modification occurs including three trades. The Owner issues a Potential Change
Order Request #005. Another modification occurs including two trades. The Owner
issues Potential Change Order Request #006.
(Schedule-of Values) Scheduled Value Previously Paid This Period
Electrical PCO #005 $1,000.00 0.00 0.00
Mechanical PCO #005 $1,500.00 0.00 0.00
Framing/Drywall PCO #005 $1,000.00 0.00 0.00
JOC Markups PCO #005 $388.72 0.00 0.00
Electrical PCO #006 $1,000.00 0.00 0.00
Framing/Drywall PCO #006 $500.00 0.00 0.00
JOC Markups PCO #006 $166.59 0.00 0.00
9.2.8 Disputes with Subcontractors. Applications for Payment may not include requests for
payment of amounts the Job Order Contractor does not intend to pay to a Subcontractor
because of a dispute or other reason.
9.2.9 Payment for Stored Materials. Unless otherwise provided in the Contract, payment may,
on a limited basis, be made on account of materials and equipment delivered and suitably
stored, either on or off the site, for subsequent incorporation in the Work. Approval for
payment of stored materials or equipment is at the sole discretion of the Owner. All off-
side materials and equipment shall be stored in a licensed and bonded warehouse. All
costs associated with inspection of off-site materials and equipment, exclusive of time,
shall be borne by Job Order Contractor, and Job Order Contractor shall be responsible for
all arrangements.
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
9.2.10 Lien Waivers. The Job Order Contractor warrants that title to all Work covered by an
Application for Payment will pass to the Owner no later than the time of payment. The
Job Order Contractor also warrants that upon submittal of an Application for Payment all
Work for which payments have been received from the Owner shall be free and clear of
liens, claims, security interests, or encumbrances in favor of the Job Order Contractor,
Subcontractors, or other persons or entities making a claim by reason of having provided
labor, materials, or equipment relating to the Work. All Applications for Payment shall
include lien waivers executed by the Job Order Contractor providing labor, equipment, or
materials for the Work in the form set forth in A.R.S. § 33-1008. The Job Order
Contractor shall indemnify, defend, and hold harmless the indemnitee (the Owner)
against any lien by any Subcontractor, Sub-Subcontractor, vendor, supplier, manufacturer
or other entity or person supplying labor, equipment, or materials related to the Work.
9.2.11 Accounting. The Job Order Contractor shall keep full and detailed accounts and exercise
such control as may be necessary for proper financial management under this contract;
the accounting and control system shall be satisfactory to the Owner. The Job Order
Contractor shall provide access and cooperate fully in the review of all project records.
At a minimum, Job Order Contractor shall afford access to Owner, its accountants,
auditors, and any other designated agents, to the Job Order Contractor's records books,
correspondence, instructions, drawings, payroll records, receipts, subcontracts, proposals,
purchase orders, vouchers, memoranda and other data relating to this Project as required
by the Owner. The Job Order Contractor shall preserve these records for a period of
three (3) years after final payment, or such longer time as may be required by law.
9.2.12 Owner may withhold, in whole or in part, any progress payment to Job Order Contractor
to such extent as may be sufficient to pay the Expenses the Owner reasonably expects to
incur to correct any deficiency in the Work set forth in specific written finding by Design
Professional or Owner prepared for those items in the pay application of the estimate of
the Work that are not approved for payment in that pay application under the Contract. If
Owner in its good faith judgment, determines that the portion of the Task Order Price
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 Job Order Contractor
pursuant to A.R.S. § 34-609, no additional payments will be due to Job Order Contractor
hereunder unless and until Job Order Contractor, as its sole cost, performs a sufficient
portion of the Work so that such portion of the GMP then remaining unpaid is determined
by Owner to be sufficient to so complete the Work. It is the intention of this Article 9.2
to provide Owner with the maximum protection afforded an Owner under the Prompt Pay
Provisions of A.R. S . § 34-609.
9.3 RECOMMENDATION FOR PAYMENT
9.3.1 Timing for Recommendation. The Job Order Contractor's Application for Payment shall
be deemed approved and certified for payment within seven (7) days from the date of
submission to the Architect/Engineer (hereinafter "A/E"), if utilized, or Owner, unless
within seven (7) days from the date of submission, the ALE or Owner issues a written
finding to the Job Order Contractor specifying those items in the Application for Payment
that will not be approved for payment. The Owner may withhold an amount from the
progress payment sufficient to pay the expenses that the Owner reasonably expects to
incur in correcting the deficiency set forth in the written fmding. Undisputed portions of
progress payments shall be paid within fourteen (14) days after approval of the
Application for Payment by the Owner. If utilized, the A/E shall recommend payment to
the Owner only upon their determination that the Work has progressed to the point
indicated in the Job Order Contractor's Application for Payment and that to their
knowledge, information, and belief, the quality of the Work is in accordance with the
Contract.
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
9.3.2 Recommendation Subject to Later Evaluation. The recommendation of the
Architect/Engineer, if utilized, and the decision of the Owner to make a payment is
subject to later evaluation of the Work for conformance with the Contract upon
Substantial Completion, to results of subsequent tests and inspections, to minor
deviations from the Contract correctable prior to completion, and to specific
qualifications expressed by the A/E or Owner. The issuance of a recommendation for
payment will not be a representation that the A/E or Owner has (1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
the Job Order Contractor's construction means, methods, techniques, sequences, or
procedures, (3) reviewed copies of requisitions received from Subcontractors and
material suppliers and other data requested by the Owner to substantiate the Job Order
Contractor's right to payment, or (4) made examination to ascertain how or for what
purpose the Job Order Contractor has used money previously paid on account of the
Contract Sum.
9.4 DECISIONS TO WITHHOLD RECOMMENDATION
9.4.1 Criteria for Withholding Recommendation. The Owner may decide not to recommend
payment and may withhold a recommendation in whole or in part, to the extent
reasonably necessary to protect the Owner, if in the Owner's opinion the representations
to the Owner required in Article 9.3.1 cannot be made. If the Owner is unable to
recommend payment in the amount of the Application for Payment, the Owner will notify
the Job Order Contractor as provided in Article 9.3.1. If the Job Order Contractor and
Owner cannot agree on a revised amount, the Owner will promptly issue a
recommendation for the amount for which the Owner is able to make such
representations to the Owner. The Owner may also decide not to recommend payment or,
because of subsequently discovered evidence or subsequent observations, may nullify the
whole or a part of a recommendation previously issued, to such extent as may be
necessary in the Owner's opinion to protect the Owner from loss because of:
9.4.1.1 Defective Work not remedied;
9.4.1.2 Third party claims filed or reasonable evidence indicating probable filing of such
claims;
9.4.1.3 Failure of the Job Order Contractor to make payments properly to Subcontractors or
for labor, materials, or equipment;
9.4.1.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of
the Task Order Sum;
9.4.1.5 Damage to the Owner or another contractor or Job Order Contractor;
9.4.1.6 Reasonable evidence that the Work will not be completed within the Contract Time,
and that the unpaid balance would not be adequate to cover actual or liquidated
damages for the anticipated delay;
9.4.1.7 Persistent failure to carry out the Work in accordance with the Contract;
9.4.1.8 Unsatisfactory prosecution of the Work or failure to comply with the Contract
Schedule;
9.4.1.9 Failure to supply shop drawings or other required submittals;
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9.4.1.10 Erroneous estimates by the Job Order Contractor of the value of the Work performed;
9.4.1.11 The existence of a breach by the Job Order Contractor of any provision in the
Contract;
9.4.1.12 Failure to execute an assignment of insurance related proceeds pursuant to Article
11.2.2.10;
9.4.1.13 Failure to provide or submit in a timely manner safety related documentation
required by the Contract or Owner.
9.4.1.14 Failure to provide manuals as required by Contract;
9.4.1.15 Failure to submit lien waivers as required by Article 9.2.6;
9.4.1.16 Failure to submit Schedule updates as set forth herein;
9.4.1.17 Failure to submit a Safety Plan per Article 10;
9.4.1.18 Failure to maintain and provide Record Documents as set forth herein.
9.4.2 Recommendation Made Upon Compliance. When the above reasons for withholding
recommendation are removed, recommendation will be made for amounts previously
withheld.
9.5 PAYMENTS TO SUBCONTRACTORS
9.5.1 Payment to be Made Within Seven (7) Days. In accordance with A.R.S. § 34-221(E), the
Job Order Contractor shall pay each Subcontractor, within seven (7) days of receipt of
payment from the Owner, out of the amount paid to the Job Order Contractor on account
of such portion of the Work. The amount to which each Subcontractor is entitled shall
reflect payments to the Job Order Contractor on account of such Subcontractor's portion
of the Work. The Job Order Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to sub-subcontractors in the
same manner
9.5.2 No Obligation to Oversee Payments. The Owner shall have no obligation to pay or to see
to the payment of money to a Subcontractor.
9.5.3 Payment Not Acceptance of Work. A payment recommendation, a progress payment, or
partial or entire use or occupancy of the Project by the Owner shall not constitute
acceptance of Work not in accordance with the Contract.
9.6 INTEREST
9.6.1 If any payment to the Job Order Contractor is delayed after the date due, the Owner shall
pay interest at the rate of one and one-half percent (11/2%) per month or fraction of a
month on such unpaid balance as may be due, provided however, that such charge shall
not apply to any disputed portion of an Application for Payment. If any periodic or Final
Payment to a Subcontractor is delayed by more than seven (7) days after receipt of the
periodic or Final Payment by the Job Order Contractor or Subcontractor, the Job Order
Contractor or Subcontractor shall pay interest to his Subcontractor or material supplier,
beginning on the eighth day, at the rate of one and one-half percent (11/2%) per month or a
fraction of a month on such unpaid balance as may be due.
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Job Order Contractor for Parks and Recreation
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9.7 FAILURE OF PAYMENT
9.7.1 If the Job Order Contractor, for any reason not the fault of the Job Order Contractor, is
not paid any undisputed amount within fourteen (14) days after the date payment is due,
the Job Order Contractor may, upon seven (7) additional days' notice to the Owner, stop
the Work until payment of the amount owing has been received. Notwithstanding the
preceding, the Job Order Contractor shall not stop the Work during the pendency of a
dispute which has been submitted to Alternative Dispute Resolution pursuant to Exhibit
B, nor shall the Job Order Contractor stop the Work if the Owner makes payment of any
amounts not in dispute within seven (7) days after the Job Order Contractor's notice of
nonpayment is received by the Owner.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Defined. Substantial Completion is the stage of completion of the Work or area of Work
when that portion of the Project or Work for which the Job Order Contractor is
responsible is fully usable by the Owner for its intended purpose, without inconvenience
to, or risk of harm to, the Owner or the public. The authority to determine whether the
Job Order Contractor has achieved Substantial Completion is determined by the Owner,
whose decision shall be final and binding.
9.8.2 Certificate of Substantial Completion. When the Job Order Contractor considers that the
Work, or a portion thereof which the Owner agrees to accept separately, is substantially
complete, the Job Order Contractor shall prepare and submit to the Owner a
comprehensive list of items to be completed or corrected. All Owner training, Record
Documents, Operation and Maintenance Manuals, warranties, guarantees, reports, and
information required for the Owner to operate the facility in accordance with Article
9.8.1 shall be provided in the quantities specified. The Job Order Contractor shall, in the
time frame indicated in the Contract Documents, complete and correct all items on the
list, unless a longer time is granted by the Owner in writing. Failure to include an item on
such list does not alter the responsibility of the Job Order Contractor to complete all
Work in accordance with the Contract. Upon receipt of the list, the A/E, if utilized,
assisted by the Owner, will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the inspection discloses any item,
whether or not included on the list, which is not in accordance with the requirements of
the Contract, the Job Order Contractor shall, before issuance of the Certificate of
Substantial Completion, complete or correct such item upon notification by the Owner.
The Job Order Contractor shall then submit a request for another inspection by the AJE, if
utilized, assisted by the Owner, to deteimine Substantial Completion. When the Work or
designated portion thereof is substantially complete, the A/E, if utilized, will prepare a
certificate which shall (1) establish the date of Substantial Completion, (2) establish
responsibilities of the Owner and Job Order Contractor for security, maintenance, heat,
utilities, and damage to the Work, and (3) shall fix the time within which the Job Order
Contractor shall finish all items on the list accompanying the Certificate of Substantial
Completion (Certificate). The Certificate shall be submitted to the Owner and Job Order
Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.9 FINAL COMPLETION AND FINAL PAYMENT
9.9.1 Final Inspection. Following the Owner's issuance of a Certificate of Substantial
Completion of the Work and upon completion of the Work, the Job Order Contractor
shall forward to the Owner a written notice that the Work is ready for final inspection and
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
acceptance, and shall also forward to the Owner a final Application for Payment. The Job
Order Contractor's submission of Final Completion Notice shall indicate that all times
listed in Substantial Completion have been completed. When the Owner finds the Work
acceptable under the Contract and the Task Order fully performed, the Owner will
promptly issue a final recommendation stating that to the best of their knowledge,
information, and belief, and on the basis of their observations and inspections, the Work
has been completed in accordance with the Task Order and that the remaining Task Order
Sum is due, including all retainage, less authorized deductions.
9.9.2 Conditions to Final Payment. Final Payment to the Job Order Contractor shall be made
within thirty-five (35) days after compliance by the Job Order Contractor with Article
9.9.1 and Article 9.9.2. Neither Final Payment nor any remaining retainage shall become
due until the Job Order Contractor submits to the Owner (1) an affidavit acknowledging
that all Subcontractors, payrolls, bills for materials and equipment, and other
indebtedness connected with the Work will be paid or otherwise satisfied once final
payment is made, (2) a certificate evidencing that insurance required by Article 11 is
currently in effect and will not be cancelled or allowed to expire until at least 30 days
prior written notice has been given to the Owner, (3) a written statement that the Job
Order Contractor knows of no reason that the insurance will not cover the period required
by Article 11, (4) the written consent of the Surety to Final Payment, (5) a full and fmal
release and conditional waiver of liens from the Job Order Contractor. The Job Order
Contractor shall also indemnify, defend, and hold harmless the Indemnitees against liens
by any Subcontractor (collectively "Final Payment"). Upon final payment for each Task
Order, the Job Order Contractor shall provide an unconditional wavier. Release of
retention shall not occur until all unconditional lien waivers have been received. After
payment of retainage, the Job Order Contractor shall provide an unconditional lien
waiver in ten (10) days.
9.9.3 Delay of Final Completion. If, after Substantial Completion of the Work, Final
Completion thereof is materially delayed through no fault of the Job Order Contractor or
by issuance of Task Order Modification affecting Final Completion the Owner shall,
upon application by the Job Order Contractor and without terminating the Contract, make
payment of the balance due for that portion of the Work fully completed and accepted. In
such case, the Owner will retain at least two times the value of the incomplete or
uncorrected parts of the Work, as determined by the Owner. If the remaining balance for
Work not fully completed or corrected is less than retainage stipulated in the Task Order
the written consent of Surety to payment of the balance of due for that portion of the
Work fully completed and accepted shall be submitted by the Job Order Contractor to the
Owner prior to recommendation of such payment. Such payment shall be made under
teims and conditions governing Final Payment.
9.9.4 Waiver of Claims. Acceptance of payment by the Job Order Contractor shall constitute a
waiver of claims by that payee, except those previously made in writing and identified by
that payee as unsettled at the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAM
10.1.1 Job Order Contractor's Responsibility. The Job Order Contractor shall be responsible for
initiating, maintaining, and supervising all safety precautions and programs in connection
with the Work. The Job Order Contractor shall have a written Safety Program for the
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Job Order Contractor for Parks and Recreation
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Work and shall submit two (2) copies of such Safety Program to the Owner. If the Task
Order includes work not contained within the submitted safety program, the Job Order
Contractor shall submit the necessary site specific safety precautions and incorporated
into the Work.
10.1.2 Remedy for Failure to Maintain Safety. If the Job Order Contractor fails to maintain the
safety precautions required by law or by the Contract, the Owner may take action as
necessary and charge the Job Order Contractor therefore. However, the failure of the
Owner to take any such action shall not relieve the Job Order Contractor of its obligations
set forth in Article 10.1.1. If the Job Order Contractor fails to maintain the safety
precautions required by law or by the Owner, the Job Order Contractor shall, if directed
by the Owner, remove all forces from the Project without cost or loss to the Owner until
the Job Order Contractor complies with such safety precautions. The Job Order
Contractor shall not be granted additional time for completion of the Work if the Work is
stopped by the Owner due to hazards or non-compliance with these provisions.
10.1.3 Environmental Hazards and Archeological Items. In the event the Job Order Contractor
encounters on the Site material reasonably believed to contain asbestos, polychlorinated
biphenyls (PCBs), petroleum based substances, or hazardous substances (as defined or
regulated under any federal, state, or local law), the Job Order Contractor shall (1)
immediately stop Work in the area affected and report the condition to the Owner by the
fastest available means and follow up in writing; and (2) take reasonable precautions to
prevent or contain the movement, spread, or disturbance of such materials. The Work in
the affected area shall not thereafter be resumed except by written consent of the Owner.
In no event shall the Owner have any responsibility for any substance or material that is
brought to the Site by the Job Order Contractor, any Subcontractor, any material man or
supplier, or any entity for whom any of them is responsible. The Job Order Contractor
agrees not to use any fill or other materials to be incorporated into the Work which are
hazardous, toxic, or comprised of any items that are hazardous or toxic. Job Order
Contractor shall indemnify, defend, and hold harmless the Indemnitees from and against
any and all liabilities, claims, or demands (including attorney's fees and costs) arising out
of or resulting from the presence, uncovering, release of suspected or confirmed asbestos,
polychlorinated biphenyls (PCBs), petroleum based substances, or hazardous substances
to the extent caused by the negligence of, or failure to comply with, the terms and
conditions of the Contract by the Job Order Contractor, any Subcontractor, any material
man or supplier, or any entity for whom any of them is responsible. Job Order Contractor
may request from the Owner any environmental reports which were completed by
Owner's environmental consultant(s) for this Project.
10.1.4 Duty to Stop Work. If reasonable precautions will be inadequate to prevent foreseeable
bodily injury or death to persons resulting from a material or substance encountered on
the Site by the Job Order Contractor, the Job Order Contractor shall, upon recognizing
the condition, immediately stop Work in the affected area and report the condition to the
Owner in writing.
10.2 PROTECTION OF PERSONS AND PROPERTY
10.2.1 Job Order Contractor's Duty to Protect. The Job Order Contractor shall take reasonable
precautions for safety of, and shall provide reasonable protection to prevent damage,
injury, or loss to:
10.2.1.1 Employees on the Work and other persons who may be affected thereby;
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Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
10.2.1.2 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 Job Order
Contractor or the Job Order Contractor's Subcontractors;
10.2.1.3 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
10.2.1.4 Construction or operations by the Owner or other contractors.
10.2.2 Compliance with Safety Notices and Laws. The Job Order Contractor shall comply with
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.
10.2.3 Safety Precautions. The Job Order Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reasonable 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 Job Order Contractor shall also be responsible, at the Job Order
Contractor'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 Job Order Contractor. Without limiting
the indemnity provisions elsewhere in the Contract, the Job Order Contractor shall
indemnify, defend, and hold harmless the Indemnitees from and against any and all
liabilities, claims, or demands (including attorney's fees and costs) arising out of, or
resulting from, damage to such property or improvements.
10.2.4 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 Job Order Contractor shall exercise utmost 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 Job Order
Contractor shall secure the Owner's approval prior to their storage or use.
10.2.5 Job Order Contractor Liability. The Job Order Contractor shall promptly remedy damage
and loss to any property caused in whole or in part by the Job Order Contractor or
Subcontractor, or by anyone for whose acts they may be liable.
10.2.6 Competent Person. The Job Order Contractor shall designate a competent person or
member of the Job Order Contractor's organization at the Site whose duty shall be the
prevention of accidents and administration of the Job Order Contractor's written Safety
Program
10.2.7 Accident Reports. The Job Order Contractor shall report in writing within one (1)
working day of the Job Order Contractor's knowledge, to the Owner, all accidents arising
out of or in connection with the Work which cause death, personal injury, or property
damage, giving full details and statements of any witnesses. In addition, if death or
serious personal injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to the Owner.
10.2.8 Safety Cooperation. The Job Order Contractor and its Subcontractors shall cooperate
fully with the Owner and all interested parties on accident prevention and claim handling
procedures.
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Job Order Contractor for Parks and Recreation
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10.2.9 Risk of Loss. The Job Order Contractor shall be fully responsible for, and shall bear the
full risk of loss of, all the Job Order Contractor's tools, equipment, materials, and other
property.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property, the Job Order Contractor shall
act, at the Job Order Contractor's discretion, to prevent damage, injury, or loss.
Additional compensation or extension of time claimed by the Job Order Contractor on
account of an emergency shall be determined as provided in Article 4.2 and Article 7.
ARTICLE 11 INDEMNIFICATION AND INSURANCE
11.1 INDEMNIFICATION
Job Order Contractor's Duty to Indemnify and Defend. To the fullest extent
permitted by law, the Job Order Contractor shall defend, indemnify and hold
harmless the Owner, its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses, including but
not limited to attorneys' 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 Job Order Contractor, its agents, representatives, employees, or Subcontractors,
relating to the performance of this Contract. This 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
referenced acts, errors, omissions or mistakes in the performance of this Contract,
including these made by any person for whose acts, errors, omissions or mistakes, the
Job Order Contractor may be legally liable.
11.1.2 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.
11.2 INSURANCE
11.2.1 Job Order Contractor at its own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the
State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of
State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of Owner. The form of any
insurance policies and forms must be acceptable to Owner.
11.2.2 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 Owner, constitute a material breach of this Contract.
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Job Order Contractor for Parks and Recreation
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11.2.3 Job Order Contractor's insurance shall be primary insurance as respects Owner, and
any insurance or self-insurance maintained by Owner shall not contribute to it.
11.2.4 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 Owner's right to
coverage afforded under the insurance policies.
11.2.5 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 Owner under such policies. Job Order Contractor
shall be solely responsible for the deductible and/or self-insured retention and Owner,
at its option, may require Job Order Contractor to secure payment of such deductibles
or self-insured retentions by a surety bond or an irrevocable and unconditional letter
of credit.
11.2.6 Owner reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance policies and/or endorsements.
Owner shall not be obligated, however, to review such policies and/or endorsements
or to advise Job Order Contractor of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Job Order Contractor from, or be
deemed a waiver of Owner's right to insist on strict fulfillment of Job Order
Contractor's obligations under this Contract.
11.2.7 The insurance policies required by this Contract, except Workers' Compensation, and
Errors and Omissions, shall name Owner, its agents, representatives, officers,
directors, officials and employees as Additional Insureds.
11.2.8 The policies required hereunder, except Workers' Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against Owner, its agents, representatives, officers, directors, officials and employees
for any claims arising out of Job Order Contractor's work or service.
11.2.9 Job Order Contractor is required to procure and maintain the following coverage's
indicated by a checkmark:
11.2.9.1 Commercial General Liability. Commercial General Liability insurance
and, if necessary, Commercial Umbrella insurance with a limit of not less
than $2,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property
damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provision which 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.
11.2.9.2 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 Job Order
Contractor's owned, hired, and non-owned vehicles assigned to or used in
performance of the Job Order Contractor's work or services under this
Contract.
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11.2.9.3 Workers' Compensation. Workers' Compensation insurance to cover
obligations imposed by federal and state statutes having jurisdiction of Job
Order Contractor'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
11.2.9.4 Job Order Contractor waives all rights against Owner 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 Job Order
Contractor pursuant to this agreement.
11.2.9.5 Builder's Risk (Property) Insurance. Job Order Contractor 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 Owner has an insurable interest in the property required to be
covered, whichever is earlier. This insurance shall include interests of
Owner, Job Order Contractor, 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 Owner. For new construction projects, Job Order Contractor agrees to
assume full responsibility for loss or damage to the work being performed
and to the structures under construction. For renovation construction
projects, Job Order Contractor 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.
11.2.9.6 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.
11.2.9.7 Builders' Risk insurance must provide coverage from the time any covered
property comes under Job Order Contractor'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 not contributory.
If the Contract requires testing of equipment or other similar operations, at
the option of Owner, Job Order Contractor will be responsible for
providing property insurance for these exposures under a Boiler Machinery
insurance policy.
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11.2.9.8 Job Order Contractor, if it is licensed to perform and tasked to perform any
design services, shall purchase Errors and Omissions Insurance in an
amount stated by Owner in the Task Order.
11.2.10 Job Order Contractor waives all rights against Owner 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 pursuant to this agreement.
11.3 CERTIFICATES OF INSURANCE
11.3.1 Prior to commencing work or services under this Contract, Job Order Contractor shall
furnish Owner with Certificates of Insurance in a form acceptable to Owner, or
formal endorsements as required by the Contract in the form provided by the County,
issued by Job Order Contractor'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 title.
11.3.2 In the event any insurance policy(ies) required by this contract is(are) written on a
"claims made" basis, coverage shall extend for two years past completion and
acceptance of Job order Contractor's work or services and as evidenced by annual
Certificates of Insurance.
11.3.3 If a policy does expire during the life of the Contract, a renewal certificate must be
sent to Owner fifteen (15) days prior to the expiration date.
11.4 CANCELLATION AND EXPIRATION NOTICE
11.4.1 Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to Owner.
11.5 PERFORMANCE AND PAYMENT BONDS
11.5.1 A.R.S. § 34-222. Job Order Contractor shall obtain, at its own expense, performance
and payment bonds as required by A.R.S. § 34-222 and Section 00610. Job Order
Contractor warrants that its payment and performance bonds fully comply with
A.R.S. § 34-222. Bonds will be required on an individual task order basis and are
required to be submitted within five business days (or as otherwise approved by the
Office of Procurement Services) of the successful completion of negotiations.
11.5.2 Copies to Potential Beneficiaries. Upon the request of any person or entity appearing
to be a potential beneficiary of bonds covering payment of obligations arising under
the Contract, the Job Order Contractor shall promptly furnish a copy of the bonds or
shall permit a copy to be made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 Duty to Uncover Work. If a portion of the Work is covered contrary to the Owner's
request or to requirements specifically expressed in the Contract, it must, if required in
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writing, be uncovered for their observation and be replaced at the Job Order Contractor's
expense without change in the Contract Time.
12.1.2 Cost of Uncovering Work. If a portion of the Work has been covered which the Owner
has not specifically requested to observe prior to its being covered, the Owner may
request to see such Work and it shall be uncovered by the Job Order Contractor. If such
Work is in accordance with the Contract, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner. If such Work is not in accordance
with the Contract, the Job Order Contractor shall pay such costs.
12.2 CORRECTION OF WORK
12.2.1 Duty to Correct Rejected Work. The Job Order Contractor shall promptly correct all
Work rejected by the Owner as defective or failing to confoun to the requirements of the
Contract, whether observed before or after Substantial Completion of the Work and
whether or not fabricated, installed, or completed. The Job Order Contractor shall bear
costs of correcting such rejected Work, including the replacement or repair of other work
affected by Job Order Contractor's performance, including additional testing and
inspection and compensation for the Owner's services made necessary thereby. Work
rejected before Final Completion shall be corrected prior to Final Payment.
12.2.2 One Year Duty to Correct Work. If within any guarantee period, repairs or changes are
required in connection with the guaranteed Work, as the result of the use of materials,
equipment or workmanship, which are defective, or inferior, or not in accordance with
• the terms of the Contract, the Job Order Contractor is to commence and continue to effect
such repairs or changes to, promptly, within 48 hours after receipt of notice from the
Owner, except in the case of emergencies, and without expense to the Owner:
12.2.3 Warranty Periods. Nothing contained in this Article 12.2 shall be construed to establish a
period of limitation with respect to obligations that the Job Order Contractor has under
the Contract or at law, including Article 3.6. Establishment of the time period of one (1)
year as described in Article 12.2.2, or such longer period of time as may be prescribed by
law or by the terms of any warranty required by the Contract, relates only to the specific
obligation of the Job Order Contractor to correct the Work, and has no relationship to the
time within which the obligation to comply with the Contract may be sought to be
enforced, nor to the time within which proceedings may be commenced to establish the
Job Order Contractor's liability with respect to Contract obligations.
12.2.3.1 Four (4) hours for emergency repair work. An "emergency repair" is defined as that
repair necessitated by life, safety or security issues that will jeopardize the
continued operation of that facility, endanger its occupants or the general public.
12.2.3.2 Sixteen (16) hours for urgent repair work. An "urgent repair" is defined as that
repair necessitated by issues that may jeopardize the continued operation of that
facility, endanger its occupants or the general public.
12.2.3.3 Five (5) days for general service or repairs
12.2.3.3.1 place in satisfactory condition, in every particular, all of such guaranteed
work and correct all defects therein;
12.2.3.3.2 make good all changes to the structure or site or equipment or contents
thereof, which in the opinion of the Architect, Engineer or Owner, is the
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result of the use of materials, equipment or workmanship which are
inferior, defective or not in accordance with the terms of the Contract.
12.2.3.4 Notifications by the Owner of defects will stop the warranty time period. The
guarantee or warranty period for that replaced or restored work is to be reinstated for
the remaining time period, starting on the date of acceptance of the replaced or
restored work.
12.2.3.5 In any case, where, in fulfilling the requirements of the Contract or of any guarantee
embraced in or required thereby, the Job Order Contractor disturbs any work
guaranteed under another contract, the Job Order Contractor is responsible to restore
such work to a condition satisfactory to the Architect, Engineer or Owner and
guarantee such restored work to the same extent as it was guaranteed under such
other contract.
12.2.3.6 If the Job Order Contractor after notice fails to proceed to commence and continue
to comply with the terms of the guarantee and Paragraph 1, the Owner may have the
defect corrected, in which case the Job Order Contractor and its Surety are liable for
all expenses incurred.
12.2.3.7 All special guarantees or warranties applicable to definite parts of the Work that
may be stipulated in the Specifications or other papers forming part of the Contract
are subject to the terms of this Article during the life of such special guarantee.
12.2.4 Removal of Nonconforming Work. The Job Order Contractor shall remove from the Site,
at no additional cost, portions of the Work, which are not in accordance with the
requirements of the Contract and are neither corrected by the Job Order Contractor nor
accepted by the Owner.
12.2.5 Owner's Right to Correct Nonconforming Work. If the Job Order Contractor fails to
correct nonconforming Work within a reasonable time, the Owner may correct it in
accordance with Article 2.3. If the Job Order Contractor does not proceed with correction
of such nonconforming Work within a reasonable time fixed by written notice from the
Owner, the Owner may remove it and store the salvable materials or equipment at the Job
Order Contractor's expense. If the Job Order Contractor does not pay costs of such
removal and storage within ten (10) days thereafter, the Owner may sell such materials
and equipment at auction or at private sale and shall account for the net proceeds thereof,
after deducting the costs that should have been borne by the Job Order Contractor,
including compensation for Owner's additional services and expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Job Order Contractor
should have borne, the Contract Sum shall be reduced by the deficiency. If payments then
or thereafter due the Job Order Contractor are not sufficient to cover such amount, the
Job Order Contractor shall pay the difference to the Owner.
12.2.6 Cost of Correcting Other Affected Work. The Job Order Contractor shall bear the cost of
correcting destroyed or damaged construction, whether completed or partially completed,
of the Owner, Job Order Contractor, or other contractors caused by the Job Order
Contractor's correction or removal of Work which is defective or not in accordance with
the requirements of the Contract.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work, which is not in accordance with the requirements of
the Contract, the Owner may do so instead of requiring its removal and correction, in
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which case the Contract Sum will be reduced as appropriate and equitable for the
difference in value together with an allowance for damage or loss of quality. Such
adjustment shall be effected whether or not Final Payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the laws of the State of Arizona.
13.1.2 This Contract is made in accordance with and subject to the provision of all applicable
laws, statutes, ordinances, rules, regulations, executive orders and codes. To the extent
required by applicable law, each party hereto shall comply and require its Subcontractors
and suppliers to comply with all then applicable federal, state of Arizona and local
nondiscrimination laws, rules, regulations, ordinances and executive orders, including,
without limitation, the Civil Rights Act of 1964, as they may be amended, modified,
codified, supplemented or repealed from time to time.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Job Order Contractor respectively bind themselves, their successors,
assigns, and legal representatives to the other party hereto and to successors, assigns, and
legal representatives of such other party in respect to covenants, agreements, and
obligations contained in the Contract.
13.3 NOTICES
13.3.1 Methods of Notice. All notices pursuant to this Agreement must be in writing and must
be sent to the appropriate person and will be deemed properly given if sent by
(1) personal delivery, (2) e-mail, return receipt required, (3) express mail, postage
prepaid, return receipt required, or (4) certified United States mail, postage prepaid,
return receipt required, addressed as follows:
Owner: Maricopa County
do Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
Attn: Director
E-mail: ReidSpaulding@mail.maricopa.gov
Job Order Contractor: Caliente Construction Inc.
485 W. Vaughn Street
Tempe, AZ 85283
Attn: Project Manager
E-Mail: lbergman@calienteconstruction.com
Copy to: Maricopa County
do Office of Procurement Services
320 W. Lincoln Street
Phoenix, Arizona 85003
Attn.: Paul Shamrock
Article V Contracting Officer
E-Mail. ShamrockP@mail.maricopa.gov
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Each party may, by notice to the others, specify a different address for subsequent notice
purposes. Notice is effective on the date of actual receipt or five (5) days after the date of
mailing, whichever is earlier.
13.4 RIGHTS AND REMEDIES
13.4.1 Legal Rights. Duties and obligations imposed by the Contract and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations,
rights, and remedies otherwise imposed or available by law. This clause shall not be
interpreted to permit the Job Order Contractor to recover any costs or damages that are
otherwise limited, prohibited, or waived by the Contract.
13.4.2 No Waiver. No action or failure to act by the Owner or Job Order Contractor shall
constitute a waiver of a right or duty afforded them under the Contract, nor shall such
action or failure to act constitute approval of, or acquiescence in, a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Job Order Contractor's Duty to Administer. Tests, inspections, and approvals of portions
of the Work required by the Contract or by laws, ordinances, rules, regulations, or orders
of public authorities having jurisdiction shall be made at the appropriate time. Unless
otherwise provided, the Owner shall make arrangements for such tests, inspections, and
approvals with the independent testing laboratory. The Job Order Contractor shall give
the Owner timely notice of when and where tests and inspections are to be made so the
Owner may observe such procedures. Any of the Work requiring testing, inspection, or
approval which is covered or otherwise made inaccessible without the consent of those
requiring or making the inspection or test shall be uncovered or made accessible by, and
at the expense of, the Job Order Contractor. Job Order Contractor shall be responsible for
any testing, retesting, or other charges resulting from Job Order Contractor's failure to
perform.
13.5.2 Additional Testing and Inspection. If the Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection, or approval not
included under Article 13.5, the Owner will instruct the Job Order Contractor to make
arrangements for such additional testing, inspection, or approval by an entity acceptable
to the Owner, and the Job Order Contractor shall give timely notice to the Owner of when
and where tests and inspections are to be made so the Owner may observe such
procedures. The Owner shall bear such costs except as provided in Article 13.5.
13.5.3 Costs for Testing and Inspection. If such procedures for testing, inspection, or approval
under Articles 13.5 reveals failure of the portions of the Work to comply with
requirements established by the Contract, the Job Order Contractor shall bear all costs
made necessary by such failure, including those of repeated procedures and compensation
for the Owner's services and expenses.
13.5.4 Certificates. Required certificates of testing, inspection, or approval shall, unless
otherwise required by the Contract, be secured by the Job Order Contractor and promptly
delivered to the Owner.
13.5.5 Prompt Testing and Inspection. Tests or inspections conducted pursuant to the Contract
shall be made promptly to avoid unreasonable delay in the Work.
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13.6 MANUFACTURERS' NAMEPLATES
13.6.1 Manufacturers' nameplates shall not be permanently attached to ornamental and
miscellaneous metal work, doors, frames, millwork, and similar factory fabricated
products on which, in the Owner's opinion, the nameplates would be objectionable, if
visible after installation of the Work. This provision does not apply to underwriters'
labels when required, or to the manufacturers' name and rating plates on mechanical and
electrical equipment.
13.7 MANUFACTURERS' INSTRUCTIONS
13.7.1 All manufactured articles, materials, and equipment shall be applied, installed, connected,
erected, used, cleaned, and conditioned in accordance with the manufacturers' written
specifications or instructions. In case of any difference or conflicts between the
requirements of the manufacturers' instructions or specifications and the technical
sections of the Specifications, the Job Order Contractor shall promptly report any such
difference or conflict to the Owner.
13.8 SBE REQUIREMENTS
13.8.1 The Job Order Contractor shall comply with all requirements of the Small Business
Enterprise ("SBE") program applicable to the Project as specified in the Maricopa County
Small Business Enterprise Construction Contracting Requirements to be posted at a later
date.
ARTICLE 14 CONTRACT INTERPRETATION:
14.1 HEADINGS
14.1.1 The subject headings of this Agreement are included for purposes of convenience only
and shall not affect the construction or interpretation of any provision of this Agreement.
14.2 INTERPRETATION
14.2.1 In the interest of brevity, the Contract frequently omits modifying words such as "all" and
"any" and articles such as "the" and "an", but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the
interpretation of either statement. To the extent permitted by the context in which used,
(1) words in the singular member shall include the plural, words in the masculine gender
shall include the feminine and neuter, and vice versa; and (2) (unless specified otherwise)
references to Articles are to Articles of Section 00700, General Conditions to the Job
Order Contract.
ARTICLE 15 TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK ORDER
15.1 TERMINATION BY THE OWNER FOR CAUSE
15.1.1 Criteria for Temiination for Cause. The Owner may terminate the Contract or terminate a
Task Order if the Job Order Contractor:
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15.1.1.1 Repeatedly refuses or fails to supply enough properly skilled workers or proper
materials;
15.1.1.2 Repeatedly disregards laws, ordinances, rules, regulations, or orders of a public
authority having jurisdiction;
15.1.1.3 Materially breaches any provision of the Contract or Task Order;
15.1.1.4 Fails to furnish the Owner with assurances satisfactory to the Owner evidencing
the Job Order Contractor's ability to complete the Work for the Task Order in
compliance with all the requirements of the Contract; or
15.1.1.5 Fails after commencement of the Work to proceed diligently and continuously
with the construction and completion of the Work for more than seven (7) days,
except as permitted under the Contract.
15.1.1.6 Repeatedly refuses or fails to carry out Safety provisions as required by Contract;
15.1.1.7 Fails to make payment to Subcontractors for materials or labor in accordance with
the respective agreements between the Job Order Contractor and the
Subcontractors.
15.1.2 Effect of Termination for Cause. When any of the above conditions exist, the Owner,
may without prejudice to any other rights or remedies of the Owner, and after giving the
Job Order Contractor and the Job Order Contractor's Surety, if any, three (3) days'
written notice, terminate the Contract or Task Order and may, subject to any prior rights
of the Surety:
15.1.2.1 Take possession of the Site and all materials, equipment, tools, and construction
equipment machinery thereon owned by the Job Order Contractor;
15.1.2.2 Accept assignment of subcontracts pursuant to Article 5.4; and
15.1.2.3 Finish the Work for the Task Order by whatever reasonable method the Owner
may deem expedient.
15.1.3 Job Order Contractor Right to Receive Payment. When the Owner terminates the
Contract or a Task Order for one of the reasons stated in Article 15.1.1, the Job Order
Contractor shall not be entitled to receive further payment for the Task Order until the
Work is finished.
15.1.4 Costs for Finishing Work. If the unpaid balance of the Contract Sum exceeds costs of
finishing the Work for the Task Order, including compensation for the Owner's services
and expenses made necessary thereby, such excess shall be paid to the Job Order
Contractor. If such costs exceed the unpaid balance, the Job Order Contractor shall pay
the difference to the Owner. The amount to be paid to the Job Order Contractor or
Owner, as the case may be, shall, upon application, be certified after consultation with the
Owner, and this obligation for payment shall survive termination of the Contract.
15.2 SUSPENSION BY THE OWNER FOR CONVENIENCE
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15.2.1 Owner's Right. The Owner may, without cause, order the Job Order Contractor in writing
to suspend, delay, or interrupt the Work for a Task Order in whole or in part for such
period of time as the Owner may determine
15.2.2 Adjustment in Task Order Sum. An adjustment shall be made for increases in the cost of
performance of the Task Order, including profit on the increased cost of performance,
caused by suspension, delay, or interruption. No adjustment shall be made to the extent:
15.2.2.1 that performance is, was, or would have been so suspended, delayed, or
interrupted by another cause for which the Job Order Contractor is responsible; or
15.2.2.2 that an equitable adjustment is made or denied under another provision of this
Contract.
15.2.3 Method for Adjustment in Task Order Sum. Adjustments made in the cost of
performance may have a mutually agreed fixed or percentage fee.
15.3 OWNER'S TERMINATION FOR CONVENIENCE
15.3.1 Effect of Termination for Convenience. The Owner reserves the right to terminate the
Contract or a Task Order for convenience and without cause, even if Job Order
Contractor has not failed to perform any part of the Contract or a Task Order.
Termination of the Task Order Work shall be effected by written notice to the Job Order
Contractor. Upon receipt of such notice, Job Order Contractor shall, unless the notice
otherwise directs:
15.3.1.1 Immediately discontinue the Work of the Task Order and the placing of all orders
and subcontracts in connection with this Contract;
15.3.1.2 Immediately cancel all of the existing orders and subcontracts made hereunder or
for the Task Order involved;
15.3.1.3 Immediately transfer to the Owner all materials, supplies, Work in progress,
appliances, facilities, machinery, and tools acquired by the Job Order Contractor
in connection with the performance of the Contract or the Task Order, and take
such action as may be necessary or as the Owner may direct for protection and
preservation of the Work relating to this Contract; and
15.3.1.4 Deliver all plans, Drawings, Specifications, and other necessary information to
Owner.
15.3.2 Job Order Contractor's Exclusive Remedy. If the Owner terminates the Contract or a
Task Order for convenience, the following shall be the Job Order Contractor's exclusive
remedy:
15.3.2.1 Reimbursement of all actual expenditures and costs approved by the Owner as
having been made or incurred in performing the Work;
15.3.2.2 Reimbursement of expenditures made and costs incurred with the Owner's prior
written approval in settling or discharging outstanding commitments entered into
by the Job Order Contractor in performing the Contract; and
15.3.2.3 Payment of profit, in so far as profit is realized hereunder, of an amount equal to
the estimated profit on any Task Order Work underway at the time of termination
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multiplied by the percentage of completion of the Work. In no event shall the Job
Order Contractor be entitled to anticipated fees or profits on Work not required to
be performed.
15.3.3 Warranties, Guarantees, and Indemnities to Remain in Effect. All obligations of the Job
Order Contractor under the Contract with respect to completion of the Work, including
but not limited to all warranties, guarantees, and indemnities, shall apply to all Work
completed or substantially completed by the Job Order Contractor prior to a convenience
termination by the Owner. Notwithstanding the above, any convenience termination by
the Owner or payments to the Job Order Contractor shall be without prejudice to any
claims or legal remedies that the Owner may have against the Job Order Contractor for
any cause.
15.3.4 Conversion of Termination for Cause to Termination for Convenience. Upon a
determination that a termination of this Contract or a Task Order, other than a termination
for convenience, under this Article was wrongful or improper for any reason, such
termination shall automatically be deemed converted to a convenience termination under
this Article 15, and the Job Order Contractor's remedy for such wrongful termination
shall be limited to the recoveries specified under Article 15.3.2.
15.3.5 Remedy Limited to Damages. In the event that Job Order Contractor is terminated,
whether for cause or convenience, the Job Order Contractor's sole remedy shall be for
damages. In no event shall Job Order Contractor be entitled to reinstatement or other
equitable relief from a court or through Alternative Dispute Resolution as provided in
Exhibit B.
15.3.6 Notice that Contract is Subject to Telinination Provisions of A.R.S. § 38-511. The parties
acknowledge, and as required by law, notice is hereby given that this Contract is subject
to A.R.S. § 38-511.END OF SECTION
15.4 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5
and may be viewed and downloaded at the Governor of the State of Arizona's web site
http://wvvw.azgovernor.gov/dms/upload/E0_2009_09.pdf which is hereby incorporated into
this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any or any other
individual in any way because of that person's age, race, creed, color, religion, sex, disability or
national origin.
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EXHIBIT A
DEFINITIONS TO THE GENERAL CONDITIONS
TO THE CONSTRUCTION CONTRACT
Allowance means funds which are included in the Task Order Bid and designated for uses by the Owner.
Application for Payment has the meaning set forth in Article 9.2.1 of the General Conditions to the
Construction Contract.
Article shall refer to Specifications Section 00700, General Conditions of the Construction Contract.
Authorized Agent means any person, which may be an employee of the Owner or a consultant, with
written notification who acts on behalf of the Owner for the purposes of managing the Task Order.
Business Day means all days of the year except Saturday, Sunday and legal holidays of the United States
of America or the State of Arizona.
Certificate of Substantial Completion has the meaning set forth in Article 9.8.2 of the General
Conditions to the Construction Contract.
Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time, or other relief with respect to the
terms of the Contract. The term "Claim" also includes other disputes and matters in question between the
Owner and Job Order Contractor arising out of or relating to the Contract. Claims must be made by
written notice. The responsibility to substantiate Claims shall rest with the party making the Claim
Contract means the fully executed Contract document between the Job Order Contractor and Maricopa
County, Arizona, as may be amended or modified from time to time.
Contract Documents are defined in Section 00500, 7 Contract Documents.
Day or "day" means calendar day unless otherwise specifically defined.
Drawings means the documents referenced in Section 00500, 7 Contract Documents, showing the design,
location and dimensions of the Work, generally including but not limited to plans, elevations, sections,
details, schedules and diagrams and/or those developed under a specific Task Order
Employer means any individual, firm, or corporation who provides direct labor at or from the Project Site
either by written or verbal contract, work order, purchase order, or invoice.
Final Completion means when all of the Work of the Contract fulfills all of the terms of the Contract in
all respects.
Final Payment has the meaning set forth in Article 9.9.2 of the General Conditions to the Job Order
Contract.
Furnish or "furnish" means "furnish only", including delivery of materials to the Site.
General Requirements means Division I of the Specifications.
Indemnitees means the Owner and all of their respective authorized agents, employees, successors and
assigns.
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Install or "install" means "install only" furnished materials or items. Such materials or items shall be
received at the Site, unloaded, stored and/or distributed, protected, and installed in place, including final
connections. Minor items and accessories reasonably inferable as necessary to complete the proper
installation shall be provided by the Job Order Contractor whether or not they are specifically called for
by the Specifications or Drawings.
Insurance Carrier means the carrier providing coverage for any of the insurance programs.
Insured means the entity named in a Policy or Certificate of Insurance signed by a duly authorized
representative of the Insurers.
Insurer means the Insurance Carrier named on a Policy or Certificate of Insurance.
Job Order Contractor means the person or entity identified as such in the Job Order Contract.
JOC Construction Schedule has the meaning set forth in Article 3.11.1 of the General Conditions to the
Contract.
Material Status Report has the meaning set forth in Article 3.11.7 of the General Conditions to the Job
Order Contract.
Notice to Proceed means that written dated document which instructs the Job Order Contractor to
proceed and sets forth the date for substantial and final completion of the project outlined in a specific
Task Order.
Owner means Maricopa County, Arizona, or its Authorized Agent.
Product Data means illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Job Order Contractor to illustrate materials or equipment
for some portion of the Work.
Project means the total construction necessary for the full and efficient use of the facilities and
appurtenances described in the individual Task Order Documents.
Provide or Perform or "provide" or "perform" means to furnish, install and complete all labor,
materials, equipment, services and other items required to complete the referenced tasks.
Record Documents has the meaning set forth in Section 3.12.2 of the General Conditions.
Record Drawings has the meaning set forth in Section 3.12.2 of the General Conditions.
Samples are physical examples that illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
SBE has the meanings set forth in Article 13.8 of the General Conditions to the Construction Contract,
Maricopa County Small Business Enterprise Construction Contracting Requirements.
Schedule of Values has the meaning set forth in Article 9.1 of the General Conditions to the Job Order
Contract.
Scope Documents means all documents associates with setting forth the scope of Work designated in
each Task Order utilized to develop the Task Order Sum.
General Conditions for JOC Page #25
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Job Order Contractor or a Subcontractor, sub-subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the Work.
Site means that certain real property upon which the Project is to be constructed and which is generally
depicted in the Contract Documents.
Specifications means the document referenced in each individual Task Order consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship for the Work,
and performance of related services.
Subcontractor means any person or entity supplying labor, equipment, or material for a portion of the
Job Order Contractor's Work either on or off the Site and all of the respective employees, agents,
successors and assigns of such person or entity. The term "Subcontractor" includes sub-subcontractors of
the Job Order Contractor but does not include subcontractors of other contractors performing Work for
the Project.
Substantial Completion is the date certified by the Architect/Engineer, if utilized, and/or the Owner in
accordance with Article 9.8.1 of the General Conditions to the Job Order Contract.
Surety means the entity providing the performance and payment bonds required under Article 11.4 of the
General Conditions to the Job Order Contract.
Task Order means that document which identifies and notifies the Job Order Contractor that a task needs
to be performed pursuant to the Job Order Contract and all subsequent documents setting forth the scope,
time and sum.
Task Order Modification has the meaning set forth in Article 7.1 of the General Conditions to the
Construction Contract.
Task Order Sum is stated in Section 00500, 4.1 and means the total amount payable by the Owner to the
Job Order Contractor for performance of the Work under each individual Task Order and pursuant to the
terms of the Contract.
Task Order Time means the periods of time set forth in each individual Task Order for Substantial
Completion and Final Completion of the Work set forth in that Task Order.
Work means all administration, labor, equipment and materials, whether on or off the Site, necessary to
produce and fully complete the construction required by the Contract or reasonably inferable therefrom. If
all or part of the Work involves demolition, the term "Work" shall also mean demolition and all activities
related to demolition.
Work Day relates to the Job Order Contractor's schedule bases for calculating project activities and
durations.
END OF EXHIBIT
General Conditions for JOC Page #26
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXEITBIT B
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means
for resolution of claims or disputes arising under, relating to or touching upon 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.
1.2 Neutral Evaluator, Arbitrators. The County will select a Neutral Evaluator to serve as set forth
in this ADR process. As needed under § 1.6.2 below, the County and Job Order Contractor shall
each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be
a member of the State Bar of the State of Arizona and shall have experience in the field of
construction law. All arbitrators, once selected, shall serve as neutral arbitrators, even if they are
party-appointed. The County and the Job Order Contractor shall name their respective arbitrators
within five (5) calendar days after the declaration of a failure of mediation or the mutual waiver
of mediation.
1.3 Discussion and Partnering. When a claim is made or a dispute arises relating to the Contract,
senior representatives of the County and the claimant will meet personally within ten (10) days to
discuss the claim/dispute and attempt to resolve it. If, after good faith efforts, resolution is not
achieved, the claim/dispute (hereafter "dispute") will proceed to the neutral evaluation process.
1.4 Neutral Evaluation Process. If the parties have been unable to resolve the dispute after
discussions and partnering, the following neutral evaluation process shall be used to resolve any
such dispute.
1.4.1 Notification of Dispute. The County through its Agent shall promptly notify the Neutral
Evaluator in writing of the existence of a dispute within ten days of the County or the Job
Order Contractor declaring need to commence the neutral evaluation process.
1.4.2 Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding
informal hearing of the matter to be held within ten (10) calendar days from receipt of
notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing
in such manner as he deems appropriate and shall notify each party of the hearing of its
opportunity to present such evidence as they believe will resolve the dispute. The Neutral
Evaluator shall notify each party to the dispute that they shall submit a written outline of
the issues and evidence intended to be introduced at the hearing and their proposed
resolution of the dispute to the Neutral Evaluator before the hearing commences.
Potential Arbitrators shall not participate in such informal hearing or proceedings
process. The Neutral Evaluator is not bound by the rules of evidence when admitting
evidence in the hearing and may limit the length of the hearing, the number of witnesses
or any evidence introduced to the extent deemed relevant and efficient.
1.4.3 Non-Binding Decision. The Neutral Evaluator shall render a non-binding written
decision as soon as possible, but not later than five (5) calendar days after the hearing
concludes.
General Conditions for JOC Page #27
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
1.4.4 Further proceedings. In the event that either party declines to accept the Neutral
Evaluator's decision as the resolution of the dispute, the dispute will proceed to
mediation.
1.5 Mediation. In the event that a meeting of principals and neutral evaluation have failed, the
parties shall engage in mediation (as a condition precedent to arbitration) within fifteen (15) days
of a party's notifying the Neutral Evaluator that the party declines to accept the Neutral
Evaluator's decision as the resolution of the dispute. The mediator shall be chosen by the parties'
agreement. If such agreement is not reached by five (5) days after the neutral evaluator's receipt
of a party's notification, then the mediator shall be named by the Neutral Evaluator. In the event
that mediation fails (or is waived by both parties) then the matter shall proceed to binding
arbitration.
1.6 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if any party chooses not to accept the decision of the
Neutral Evaluator and mediation has failed or has been waived. A party requesting binding
arbitration shall notify the Neutral Evaluator in writing within seven (7) calendar days of the
failure or waiver of mediation of the party's demand for arbitration. If the Job Order Contractor
requests arbitration it shall post a cash bond with the Neutral Evaluator in an amount agreed upon
by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of
the cash bond to defray the cost of the arbitration as set forth in paragraph 1.6.11 and the proceeds
from the bond shall be allocated in accordance with paragraph 1.6.13 by the Arbitration Panel.
The bond must be in the full amount agreed upon or as established by the Neutral Evaluator to
pay the potential cost of the full arbitration proceeding. The bond must be posted with and
received by the Neutral Evaluator within five (5) calendar days after the demand for arbitration.
1.6.1 Arbitration Panel and Applicable Law and Rules. Disputes involving less than
$200,000 shall be heard by one single arbitrator chosen by agreement of the parties. For
disputes in excess of $200,000, the Arbitration Panel shall consist of three arbitrators: the
County's appointed arbitrator, the Job Order Contractor's appointed arbitrator and a third
arbitrator (or "neutral arbitrator") who shall be selected by the parties' arbitrators as set
forth in Section 1.5.2. 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.
1.6.2 Selection of Neutral Arbitrator. For disputes in excess of $200,000, the parties'
arbitrators shall choose the Neutral Arbitrator, within ten (10) calendar days of
notification of a demand for arbitration having been received by the Neutral Evaluator.
The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set
forth in paragraph 1.2. above. In the event that the two party selected arbitrators cannot
agree on a Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be selected as
the Default Neutral Arbitrator. If the County and Job Order Contractor cannot agree on
the single arbitrator or upon a Default Neutral Arbitrator, then County and the Job Order
Contractor shall each submit two names to Judge Eino Jacobson, or his successor as
designated by Maricopa County, who shall select one person. The Neutral Arbitrator
may submit his invoices for services to the Owner, and the Owner shall pay the amounts
invoiced (subject to the provisions of paragraph 1.4.13) unless and until the Job Order
Contractor is determined by the Arbitration Panel to be the non-prevailing party and the
Arbitration Panel determines per 1.6.11 what party pays such costs.
1.6.3 Expedited Hearing. The parties have structured this procedure with the goal of
providing for the prompt, efficient and final resolution of all disputes falling within the
General Conditions for JOC Page #28
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
purview of this ADR process. To that end, any party can petition the Neutral Evaluator to
set an expedited hearing. If the Neutral Evaluator determines that the circumstances
justify it, the Neutral Evaluator shall contact the selected single arbitrator or Arbitration
Panel and 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 twenty (20) 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 Arbitration Panel upon
a showing of emergency circumstances.
1.6.4 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 Arbitration Panel shall review and consider the Neutral Evaluator decision. The single
arbitrator or the Chairman 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 Chaittnan 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 Chairman
1.6.5 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
emergency circumstances.
1.6.6 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue a reasoned award. The Arbitration Panel shall, within ten (10) calendar
days from the conclusion of any hearing, by majority vote issue its reasoned award. The
award shall include an allocation of fees and costs pursuant to 1.6.11 herein. The award is
to be in accordance with the Contract and the law of the State of Arizona.
1.6.7 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.
1.6.8 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 in reality one involving less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
General Conditions for JOG Page #29
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
1.6.9 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it.
1.6.10 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Neutral Evaluator 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 Neutral Evaluator, 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 Job Order Contractor. Nothing herein shall
create the right by any party to assert claims against another party not germane to the
Contract or not recognized under the substantive law as applicable to the dispute. Neither
the Neutral Evaluator nor the single arbitrator or Arbitration Panel is authorized to join to
the proceeding parties not in privity with the County. Job Order Contractor cannot be
joined to any pending arbitration proceeding, without Job Order Contractor's express
written consent and unless Job Order Contractor is given the opportunity to participate in
the selection of the single arbitrator or non-County appointed arbitrator.
1.6.11 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the Neutral Evaluator and 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 Job Order Contractor is the non-prevailing party,
all fees and costs as noted above shall first be paid out of the bond posted with the
Neutral Evaluator. In no event shall the Job Order Contractor'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. Fees for the Neutral Evaluator shall be paid by County.
1.6.12 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 resolution of the dispute.
1.6.13 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
General Conditions for JOG Page #30
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
enforce an order entered by the Arbitration Panel. The fees and costs incurred in
connection with any such equitable proceeding shall be deteimined and assessed in ADR.
1.6.14 Change Order. Any award in favor of the Job Order Contractor against the County or in
favor of the County against the Job Order Contractor shall be reduced to a Change Order
and executed by the parties in accordance with the award and the provisions of the
Contract.
1.6.15 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably
should or could have been brought against any party that was or could have been brought
into this ADR process, with respect to the subject claim. The Arbitration Panel shall
apply legal principles commonly known as merger and bar to deny any claim or claims
against any party regarding which claim or claims recovery has been sought or should
have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error,
or omission.
1.7 Inclusion in Other Contracts. The Job Order Contractor shall cooperate with the County in
efforts to include this ADR provision in all other project contracts. Subject to Job Order
Contractor's reasonable agreement, the Job Order Contractor agrees that any modification to this
ADR provision that is included in the construction or other contracts shall also apply to the Job
Order Contractor. It is the intent of the parties that any changes to this ADR provision in later
contracts will be evolutionary and designed to incorporate the terms of this ADR provision
without material changes to the substance or procedure of this ADR provision.
END OF EXHIBIT
General Conditions for JOG Page # 31
Attachment 3- LEGAL WORKER CERTIFICATION
May 28, 2015
(Date)
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (2nd Floor)
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after September
30, 2008 from awarding a contract to any contractor 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.
Caliente ConstructionInc. 485 W. Vaughn Street
(Firm) (Address Line 1)
Lorraine Bergman Tempe, AZ 85283
(Print Name) (Address Line 2)
President/CEO . . 480.894.5500
(ppnt.r) (Phone)
_,/ 480.894.2323
,(Signatiire Required) (Fax)
lberomanAcalienteconstruo ion.com 86-0697201
(Email Address) (Federal Taxpayer ID Number)
Request For Qualifications Page 22
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serialg 15051-10C
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT 1)
JOB ORDER CONTRACTING
REQUEST FOR PROPOSAL
PROJECT: DATE:
TO JOB ORDER CONTRACTOR: REQUEST NO:
CONTRACT FOR: CONTRACT NO:
Please submit an itemized quotation for the requested work in accordance with Contract Documents.
THIS IS NOT A TASK ORDER NOR A DIRECTION TO PROCEED WITH THE WORK
DESCRIBED HEREIN.
DESCRIPTION: (Written description of the work)
ATTACHMENTS: (List attached documents that support description)
General Conditions for JOC Page #33
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
INITIATED BY: DATE:
EXHIBIT E
PERFORMANCE BOND AND PAYMENT BOND
PART 1 GENERAL
1.1 DESCRIPTION
All bonds must be pursuant to A.R.S. Title 34, Chapter 6, Article 1, and executed
solely by a surety company or companies holding a Certificate of Authority to
transact surety business in Arizona, issued by the Director of the State of Arizona
Department of Insurance.
1.1.2 Bonds executed by an individual surety or sureties are not in compliance with
Arizona Revised Statutes.
1.1.3 The use of the Owner-supplied bond forms is required.
1.2 SUBMITTALS
1.2.1 Submit a completed copy of the Statutory Performance Bond within five (5) days of
the date of the Notice of Intent to Award letter.
1.2.2 Submit a completed copy of the Statutory Payment Bond within five (5) days of the
date of the Notice of Intent to Award letter.
END OF SECTION
General Conditions for JOC Page #34
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34, CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, (hereinafter called the Principal), as Principal,
and the _ , a corporation duly organized under the laws of the
State of , with its principal office in the City of hereinafter
called the Surety), as Surety are held and firmly bound unto Maricopa County (hereinafter called the
Obligee), in the amount of
($ ) for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of , 2004, to services as outlined in the Job Order Contract, Contract No.
FMD-05-006, which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal
faithfully performs and fulfills all of the undertaking, covenants, terms, conditions, and agreements of the
contract during the original term of the contract and any extension of the contract with or without notice
to the Surety, and during the life of any guaranty required under the contract, and also performs and
fulfills all the undertakings, covenants, terms, conditions, and agreements of all duly authorized
modifications of the contract that may hereafter be made, notice of which modifications to the Surety
being hereby waived, the above obligation is void. Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6,
Article 1, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with
the provisions of Title 34, Chapter 6, Article 1, Arizona Revised Statutes to the extent as if it were copied
at length in this agreement.
The prevailing party in a suit on this bond shall be entitled as part of the judgment reasonable attorney's
fees as may be fixed by the judge of the court.
Witness our hands this day of ,200 .
AGENCY OF RECORD, STATE OF ARIZONA PRINCIPAL
BY:
AGENCY ADDRESS TITLE:
SURETY
BY:
TITLE:
BOND NUMBER ATTACH SURETY POWER OF ATTORNEY
General Conditions for JOG Page #35
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT F
[SBE Reporting Document]
COUNTY SBE 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 teims of the contract.
Name of Prime Consultant/Contractor Contract No.
Contact Person Project No.
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with infoimation on the SBE films utilized as subconsultants/subcontractors for
this pay application/invoice. If work was self-perfoimed and your firm, as the prime, is an SBE
firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
Type of Work $ Pd to SBE this
SBE Firm Name SBE Firm Address Performed App/Inv
$
$
$
$
$
$
$
EI A mark in this box certifies that no SBE firms were utilized as the prime,
subconsultant or subcontractor with respect to this pay application/invoice.
Date Signature
Printed Name & Telephone Number
General Conditions for JOC Page #36
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT G
Request for Qualifications Dated May 28, 2015
General Conditions for JOC Page #37
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT H
Statement of Qualifications Dated May 28, 2015
General Conditions for JOC Page #38
Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT J
[General Requirements for Job Order Contracts]
General Conditions for JOC Page #40
Mar icopa County
REQUEST FOR QUALIFICATIONS
FOR
JOB ORDER CONTRACTOR
SERIAL # 15051-JOC
CONTRACT # 15051-JOC
Job Order Contractors for Parks and Recreation
Statement of Qualifications Due Thursday, May 28, 2015
At 10:00 AM (Arizona Time)
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (Second Floor)
Phoenix, Arizona 85003
(602) 506-6476
TABLE OF CONTENTS
REQUEST FOR QUALIFICATIONS PAGE #
PART I: REQUEST FOR QUALIFICATIONS INFORMATION 4
DIVISION I: REQUEST FOR QUALIFICATIONS AND LEGAL ADVERTISEMENT 4
DIVISION II: INSTRUCTIONS TO PROPOSERS 6
GENERAL 6
DEFINITION OF "PROPOSER" AND "PROPOSAL" 6
LICENSED IN ARIZONA. 6
ARIZONA OFFICE 6
ACCEPTANCE OF CONTRACT DOCUMENTS 6
TEAM APPROACH 7
PRE-PROPOSAL CONFERENCE 7
PROPOSAL DUE DATE 7
DELIVERY OF PROPOSALS IN RESPONSE TO THIS RFQ 7
WITHDRAWAL OF PROPOSALS 8
LATE PROPOSALS 8
PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL 8
NO COUNTY OBLIGATION 8
INTERPRETATION OF RFQ DOCUMENTS BEFORE SUBMISSION 8
INTERPRETATIONS AND ADDENDA 8
RESTRICTION ON COMMUNICATIONS 9
PROPRIETARY INFORMATION 9
SMALL BUSINESS ENTERPRISES 9
INDEMNIFICATION 9
INSURANCE REQUIREMENTS 10
COVERAGES 10
COMMERCIAL GENERAL LIABILITY 10
AUTOMOBILE LIABILITY 11
WORKERS' COMPENSATION 11
BUILDER'S RISK (PROPERTY) INSURANCE 11
ERRORS AND OMISSIONS (PROFESSIONAL LIABILITY) INSURANCE 11
CERTIFICATES OF INSURANCE 11
CANCELLATION AND EXPIRATION NOTICE 12
LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION CONTRACTS 12
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 12
PROPOSAL PROTEST 13
BID SECURITY 13
PROPOSAL CONTENTS 13
Request For Qualifications Page 2
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
SCOPE OF WORK 13
CONTENT OF SUBMITTAL 14
2) Project Team 15
3) Subcontractor Selection Plan 15
4) Project Management Plan 15
5) Budget and Scope Management Capability 15
6) Expedited Completion of Project 16
7) Attachments 16
SELECTION CRITERIA 16
SELECTION PROCESS 16
RANKING 16
NOTICE OF INTENT TO AWARD OR REJECTION OF PROPOSALS 17
AWARD OF CONTRACT 17
REGULATIONS 17
DELIVERY OF INSURANCE POLICIES OR CERTIFICATES AND EXECUTION OF CONTRACT
DOCUMENTS 17
STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): 17
PART II: ATTACHMENTS 19
Attachment 1 - REFERENCE FORMAT 20
Attachment 2- ADDENDUM ACKNOWLEDGMENT 21
Attachment 3- LEGAL WORKER CERTIFICATION 22
Attachment 4- CURRENT FORM OF PAYMENT, PERFORMANCE AND SURETY BONDS 23
Attachment 5 - NON COLLUSION AFFIDAVIT 27
Attachment 6— JOC CONTRACT DOCUMENTS 28
Exhibit 1- MARICOPA COUNTY SMALL BUSINESS EN'IERPRISE PROGRAM PARTICIPATION
REPORTING FORM 29
Exhibit 2— CERTIFICATE OF LIABILITY INSURANCE 30
This Request for Qualifications is separated in two parts: Part I — Request for Qualifications Information, and Part II
— Attachments. The Attachments are part of the Request for Qualifications and the terms, conditions and criteria
therein must be met by any Proposer.
Request For Qualifications Page 3
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
REQUEST FOR QUALIFICATIONS
Job Order Contractor
For
Maricopa County
PART I: REQUEST FOR QUALIFICATIONS INFORMATION
DIVISION I: REQUEST FOR QUALIFICATIONS AND LEGAL ADVERTISEMENT
MARICOPA COUNTY
REQUEST FOR QUALIFICATIONS (RFQ)
Maricopa County extends an invitation to interested and qualified firms or individuals to submit formal sealed
qualifications to provide Job Order Contracting design phase services, as needed, and construction phase services as
described herein.
ALL CURRENT JOC CONTRACT AWARDEES ARE ELIGIBLE TO RESPOND. IT IS
THE INTENT OF MARICOPA COUNTY TO CANCEL ALL PREVIOUSLY
AWARDED JOC'S FOR FACILITIES MAINTENANCE SERVICES ISSUED BY OR ON
BEHALF OF THE PARKS AND RECREATION DEPARTMENT UPON AWARD OF
THIS SOLICITATION.
Design Services: The scope of work will vary with each Job Order. Minor design services
may be required for some job orders; however, most will be designed through registered
professional consultants under separate contracts. For job orders that require design
services, the contractor shall seek the services of Arizona registered professionals to prepare
plans for permitting.
Construction Services by the JOC Contractor may include, but are not limited to:
• Provide construction services for various projects, including required labor (including subcontractors),
materials, equipment, and related services for remodeling, renovations, tenant improvements, and
additions, including site work, installation of water, sewer, or other utility extensions.
• Assist with scoping and constructability issues.
• Provide project scheduling.
• Provide detailed cost estimating and knowledge of marketplace conditions.
• Provide value engineering as required.
• Provide long-lead procurement studies and possibly initiate procurement of long-lead
items.
• Coordinate with various County departments and other agencies including utility
• companies, etc.
• Schedule and manage site operations.
• Bid, award, and manage all subcontracts while meeting the County project requirements.
• Provide quality controls.
• Address all federal, state, city, and county permitting requirements and assist in the permitting
processes.
Maintain a safe and clean work site for all project participants, County staff, and public.
The Maricopa County Parks and Recreation Department intends to award up to Three (3)job order contracts to
separate persons or firms.
The contract term will be for a period of three (3) consecutive year(s) with two (2) one year options to renew the
contract for a total of five (5) years maximum per contract. The overall construction cost shall not exceed Three
Million Dollars ($3,000,000.00) per contract year, maximum $1,000,000 limit per individual project task order.
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Job Order Contractor Serial# 15051-JOC
PROCUREMENT SCHEDULE:
Public Notice May 7, 2015 and May 14, 2015
Last Day for Questions May 22, 2015
Statements of Qualifications Due on or before 10:00 AM, (Arizona Time) May 28, 2015
Evaluation Committee Meeting (estimated) 6/18/2015
Final List (estimated) 6/25/2015
This Request for Qualifications is open until Thursday, May 28, 2015 at 10:00 AM, after which time no further
Statements of Qualifications will be accepted. No other public disclosure will be made until after the award and
execution of the contract.
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DIVISION II: INSTRUCTIONS TO PROPOSERS
GENERAL
All responses to the Request for Qualifications (RFQ) should follow the format and order described in the Proposal
Content section; this will allow a standard basis for evaluation. Failure to follow the instructions regarding format
and order may result in rejection of the Proposal.
If the Proposer is a corporation or other legal entity, the Proposal must be signed by the legal name of the
corporation followed by the name of the state of incorporation or organization and the legal signature of an officer or
other person authorized to bind the corporation or other legal entity to a contract.
IMPORTANT NOTE: Recipients of this document from any source other than the Maricopa County Parks and
Recreation website are required to visit that website at: http://wvvw.maricopa.gov/find/Procurement/Default.aspx to
request a copy electronically and thus be placed on the planholders list for this procurement. Failure to do so will
result in rejection of the submitted Proposal.
DEFINITION OF "PROPOSER" AND "PROPOSAL"
Wherever the word "Proposer" is used in this RFQ, it shall mean each or any of the individuals, firms, partnerships,
joint ventures, corporations or other legal entities, submitting their qualifications under the Request for
Qualifications.
Wherever the word "Proposal" is used in this Request for Qualifications, it shall mean the Statement of
Qualifications (SOO) submitted by a Proposer.
LICENSED IN ARIZONA.
All contractors engaged in construction for Maricopa County shall be licensed by the Registrar of Contractors in the
State of Arizona for the types of construction work included in the projects. Each Proposer must hold a current
license of the appropriate category issued by the Arizona Registrar of Contractors at the time the Proposer submits
its Proposal and throughout the contracting period.
ARIZONA OFFICE
The successful Proposer will be required to have an office in the State of Arizona. If one does not already exist, the
selected firm shall establish an office in Arizona within 30 days after the date of Owner's letter of intent to award
contract. An office within the state is evidenced by a mailing address, telephone number, payment of utilities,
registration with the Corporation Commission, and possession of appropriate business licenses.
ACCEPTANCE OF CONTRACT DOCUMENTS
If selected as the Job Order Contractor for one of the available contracts, the undersigned agrees to execute the form
of contract documents forwarded herewith. The Proposer understands that any exceptions taken to the form of
contract documents that are not accepted and/or approved by Maricopa County may be a basis for rejection of the
Proposer's Proposal as non-responsive. The Proposer also understands that Maricopa County may make changes in
the standard form of contract documents and that therefore the form of contract documents presented to the
successful Proposer may be different from the form of contract documents referred to above, in which case the
successful Proposer will be given the opportunity to review the changes.
This Request for Qualifications, any addenda to this RFQ issued by Maricopa County and the Proposal of the
successful Proposer may be included in the contract documents.
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TEAM APPROACH
Maricopa County intends to follow a team approach consisting of the County as the owner, the contractor, potential
design professionals, construction subcontractors and design professional consultants that will work together in a
cooperative and mutually beneficial manner. Team members will focus on this overall objective and the following
will be the team goal:
Maricopa County has set the standard for each project as the successful and safe completion of a quality project,
meeting Maricopa County project requirements, within the Maricopa County budget, within the Maricopa County
time schedule, and delivered at a reasonable and appropriate cost to Maricopa County; with a reasonable and
appropriate fee for the contractor, the design professional, construction subcontractors and design professional
consultants.
PRE-PROPOSAL CONFERENCE
No Pre-Proposal Conference is scheduled for this procurement.
PROPOSAL DUE DATE
10:00 AM (Arizona Time), Thursday, May 28, 2015
At this time the assigned Article 5 Procurement Officer for this project will close the SOQ acceptance and all further
proposals will be refused. No other public disclosure will be made until after award of the contract.
DELIVERY OF PROPOSALS TN RESPONSE TO THIS RFQ
Five (5) electronic copy(ies) on separate flash drive(s) no larger than 4MB or CD's (in PDF format only) and Five
(5) hardcopy(ies) of the sealed Proposal shall be submitted with clear identification on the cover as outlined below.
No delineated original is required. Submittal size must be no larger than 8.5" x 11" either portrait or landscape
for filing media. Type will be no smaller than 11 pt. Anal. Other type faces may be utilized, but may be no
smaller than that indicated. Proposals must be limited to no more than Twelve (12) pages (excluding cover
letter, resumes and all other attachments as identified herein). A page is one side of each 8.5" x 11" area.
Failure to provide documents as required in the format provided (including additional pages for any of the above)
will result in the return of the submission as non-responsive.
Proposals must be delivered so as to be actually received by Maricopa County on or before the day and hour set for
receipt of Proposals. Formal Statements of Qualifications whether hand delivered or mailed, shall be sealed,
addressed and delivered to Maricopa County as follows:
Maricopa County Office of Procurement Services
320 W. Lincoln St. (Second Floor)
Phoenix, Arizona 85003
The hardcopy proposal and the sealed proposal package shall be marked as follows:
Statement of Qualifications for
Job Order Contractor
SERIAL # 15051-JOC
CONTRACT # 15051-JOC
Due Date: Thursday, May 28, 2015
Due Time: 10:00 AM, (Arizona Time)
Telegraphic, telephonic or telecopy (FAX) submittals or modifications of submittals or any portion of the submittals
will not be considered. Proposals received after the time and date set for submittal will not be considered and will be
returned to the sender. Each Proposer is solely responsible for the delivery of its Proposal to the above location by
the time and date specified. If a Proposer elects to submit its Proposal by mail, the Proposal must be received in
Maricopa County Office of Procurement Services by the time and date due. Maricopa County may not be held
responsible if U.S. Mail or County Mail Services fails to make a delivery on time.
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WITHDRAWAL OF PROPOSALS
Proposals may be withdrawn either personally or by written request any time before the scheduled opening date and
time but not after.
LATE PROPOSALS
Maricopa County will not accept any proposals that are left at the front desk or otherwise submitted after the
scheduled opening date and time.
PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL
No person, firm, partnership, joint venture, corporation or other legal entity will be permitted to submit more than
one (1) Proposal for the same project. A person, firm, partnership, joint venture, corporation or other legal entity
that has submitted a sub-consultant proposal to a Proposer may not submit an additional Proposal for the Project as a
Proposer. A person, firm, partnership, joint venture, corporation or other legal entity is allowed to submit a sub-
consultant proposal to more than one (1) Proposer.
NO COUNTY OBLIGATION
This solicitation does not obligate Maricopa County to pay any costs incurred in the preparation and submission of
Proposals or in negotiating a contract with any Proposer, nor does this solicitation obligate Maricopa County to enter
into a contract with any selected party
INTERPRETATION OF RFQ DOCUMENTS BEFORE SUBMISSION
QUESTIONS: If there are formal questions about technical information regarding this Request for Qualifications or
if the Proposer has informal questions about the procurement process, please contact:
Paul Shamrock Tel: (602) 506-6476
Article V Procurement Officer Fax: (602) 506-1573
E-mail - shamrockp@mail.maricopa.gov
Note: The County Project Manager may answer informal questions by telephone. The County makes no warranty of
any kind as to the correctness of any oral answers and uses this process solely to provide minor clarifications
rapidly. Oral statements or instructions shall not constitute an amendment to this solicitation. Proposers shall not
rely on any verbal responses from the County. If the Proposer has formal questions about any part of this Request
for Qualifications, which could result in a material issue or a formal amendment to this solicitation, see
INTERPRETATIONS AND ADDENDA below.
INTERPRETATIONS AND ADDENDA
Should a Proposer find an ambiguity or inconsistency in the solicitation or should the Proposer be in doubt as to its
meaning, they shall notify the County Officer, in writing, who will then send a written addendum by E-mail to all
Proposers who are on record with the County as having been sent a copy of the RFQ. Neither the County nor its
representatives will be responsible for oral instructions or information. Interpretation or additions to the solicitation
will be made only by written addendum, which will be delivered electronically or otherwise to each Proposer of
record. The County is not responsible for any other explanations or interpretations of the solicitation.
If a Proposer on the Final List at the end of the competition should fail to receive any addendum or should fail to
acknowledge receipt of same, the Proposer shall have the option of staying on the Final List under the terms of the
solicitation including the addendum or of withdrawing from the Final List in which event the next most qualified
Proposer will be added to the Final List. MARICOPA COUNTY is not responsible for assuring delivery of addenda
to any Proposer. Failure to receive addenda or failure to acknowledge receipt shall not constitute a basis for claim,
protest or reissue of the Request for Qualifications.
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The Proposers shall acknowledge receipt of addenda in the space provided on the Proposal Certification
Form (see Attachment 2). This form is not necessary if no addenda are issued.
All formal inquiries or requests for significant or material clarification or interpretation, or notification to the Owner
relating to this Request for Qualifications must be in writing by facsimile or e-mail (preferred method), to:
Paul Shamrock
Article V Procurement Officer
Maricopa County Office of Procurement Services
Tel: (602) 506- 6476
Fax: (602) 506-1573
E-mail: shamrockp@mail.maricopa.gov (preferred method)
All formal inquiries must be received by MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES at
least seven (7) calendar days before the time and date set for submission of Proposals and closing this RFQ. Failure
to submit inquiries by this deadline may result in the inquiry not being answered.
RESTRICTION ON COMMUNICATIONS
Proposers and members of their teams shall not communicate concerning this solicitation with the engineering
department professionals for this project, the Department Director, any County consultant or Program Manager,
selection committee member, or employees of Maricopa County, except as stipulated in INFORMAL INQUIRIES
and in INTERPRETATIONS AND ADDENDA above. Failure to abide by this requirement may result in
rejection of the Proposer Proposal.
PROPRIETARY INFORMATION
If a Proposer is submitting any information it considers proprietary, the Proposer must place it in a separate envelope
and mark it Proprietary Information. If the Director of the Maricopa County Office of Procurement Services
concurs, this information will not be considered public information. The Director of the Maricopa County Office of
Procurement Services is the final authority as to the extent to which material is considered proprietary or
confidential. Maricopa County shall have no liability for disclosure or use of unmarked data. Unless identified,
information submitted in a Proposal may be disclosed pursuant to applicable Arizona Public Records Law and other
applicable Arizona Revised Statues.
SMALL BUSINESS ENTERPRISES
It is Maricopa County policy to provide small businesses the opportunity to participate in the County solicitation
process and to be considered to fulfill the requirements for various commodities and services. The Maricopa County
small business enterprise policy can be found on the Materials Management website at
http://www.maricopa.gov/procurement/Business.aspx . A copy of the reporting document is attached as Exhibit 1.
INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless, County, and its
agents, representatives, officers, directors, officials, and employees 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 acts, errors, omissions or
mistakes relating to the performance of this Contract. The Contractor's duty to defend, indemnify, and hold
harmless County, 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 any negligent acts,
errors, omissions, or mistakes in the performance of this Contract including any person for whose negligent acts,
errors, omissions, or mistakes the Contractor may be legally liable.
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.
The scope of this indemnification does not extend to the sole negligence of County.
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INSURANCE REQUIREMENTS
The Contractor, at the Contractor's own expense, shall purchase and maintain the herein stipulated minimum
insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best,
Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company
or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be acceptable to County.
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.
Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance
maintained by County shall not contribute to it.
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.
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. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its
option, may require the Contractor to secure payment of such deductibles or self-insured retentions by a surety bond
or an irrevocable and unconditional letter of credit.
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. County shall not be obligated, however, to review such
policies and/or endorsements or to advise the Contractor of any deficiencies in such policies and endorsements, and
such receipt shall not relieve the Contractor from, or be deemed a waiver of Maricopa County's right to insist on
strict fulfillment of the Contractor's obligations under this Contract.
The insurance policies required by this Contract, except Workers' Compensation and Errors and Omissions, shall
name County, its agents, representatives, officers, directors, officials, and employees as Additional Insured's.
The policies required hereunder, except Workers' Compensation and Errors and Omissions, shall contain a waiver
of transfer of rights of recovery (subrogation) against County, Maricopa County, City its agents, representatives,
officers, directors, officials, and employees for any claims arising out of the Contractor's work or service.
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
Errors and Omissions $2,000,000 Each Claim
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,
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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.
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 Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor's work or services under this Contract.
WORKERS' COMPENSATION
Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of
the Contractor'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.
BUILDER'S RISK (PROPERTY) INSURANCE
Builder's Risk (Property) Insurance. CONTRACTOR 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, CONTRACTOR, 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, CONTRACTOR agrees to assume full responsibility for loss or damage to the work
being performed and to the structures under construction. For renovation construction projects, CONTRACTOR
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.
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.
Builders' Risk insurance must provide coverage from the time any covered property comes under
CONTRACTOR'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.
If the Contract requires testing of equipment or other similar operations, at the option of COUNTY,
CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery
insurance policy or the Builders' Risk Insurance policy
ERRORS AND OMISSIONS (PROFESSIONAL LIABILITY) INSURANCE
If necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions of the
CONTRACTOR, with limits of no less than $2,000,000 for each claim.
Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising
out of the work or services performed by the Contractor under the terms of this Contract, with a limit of not less than
$1,000,000 for each claim, and $3,000,000 aggregate claims.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, the Contractor shall furnish County with Certificates of
Insurance in a form acceptable to County, or formal endorsements as required by the Contract in the form provided
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by the County, issued by the Contractor'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.
In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis, coverage
shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced
by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days
prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written
notice to County.
LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION CONTRACTS
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 contractor who fails, or whose subcontractors fail, to comply with Arizona
Revised Statutes § 23-214-A. The Contractor 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 Contractor. The Contractor
acknowledges that a breach of this warranty by Contractor 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 Contractor,
subcontractor and sub-subcontractor employee who performs work under this Contract, and to conduct random
verification of the employment records of the Contractor and any subcontractor and sub-subcontractor who works on
this Contract, to ensure that the Contractor and each subcontractor and sub-subcontractor is complying with the
warranties set forth above. Contractor shall be responsible for all costs associated with compliance with this
requirement. A copy of the certification document is attached as Attachment 3.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
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:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal Department or agency;
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;
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
4) Have not within a 3-year period preceding this solicitation and/or agreement had one or more public
transactions (Federal, State or local) terminated for cause of default.
Should the contractor/bidder not be able to provide this certification, a comprehensive explanation as to why should
be attached to its bid.
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The contractor/bidder 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.
PROPOSAL PROTEST
Maricopa County maintains a reputation for working with contractors and/or suppliers in a fair, straight forward and
consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to be
selected to provide construction related services. Proposer may submit a protest pursuant to the Maricopa County
Procurement Code, Section MC1-905.
BID SECURITY
As a guarantee that the contractor will enter into a contract, each proposal for job-order-contracting construction
services shall be accompanied by a certified check, cashier's check or surety bond. The bid security amount shall be
not more than ten per cent of the agent's reasonably estimated budget for construction that the agent believes is
likely to actually be done during the first year of the job-order-contracting contract, excluding any finance services,
maintenance services, operations services, design services, preconstruction services or other related services that are
included in the contract. The estimated budget for construction for the first year is $2,000,000.00.
The County will return the certified check, cashier's check or surety bond to the contractors whose proposals are not
accepted and to the successful contractor on the execution of satisfactory payment and performance bonds,
insurance and the contract. Include with your proposal a self- addressed and stamped #10 envelop if your firm would
like its certified check, cashier's check or surety/bid bond returned after the County has awarded a contract.
Notwithstanding any other statute, the surety bond shall be executed solely by a surety company or companies
holding a certificate of authority to transact surety business in this state issued by the director of the department of
insurance pursuant to title 20, chapter 2, article 1.
Any proposal submitted without the bid security shall be rejected for noncompliance with the security requirement,
unless the County determines that the bid fails to comply in a nonsubstantial manner with the security requirements.
PROPOSAL CONTENTS
GENERAL
• The Proposal should be fully self-contained to include a one page cover letter. The information shall be in the
order listed below and shall be index tabbed.
• PROPOSERS SHALL NOT SUBMIT OR COMMUNICATE IN ANY WAY TO MARICOPA COUNTY
ANY INFORMATION ON FEES, PRICE (HOURLY RATES), MAN-HOURS OR ANY OTHER COST
INFORMATION. ARIZONA LAW PROHIBITS MARICOPA COUNTY FROM CONSIDERING ANY
INFORMATION ON FEES, PRICE (HOURLY RATES), MAN-HOURS OR ANY OTHER COST
INFORMATION DURING THE REQUEST FOR QUALIFICATIONS SELECTION. Accordingly, any
Proposal that contains any information of this type will be deemed non-responsive, will not be considered and
will be returned to the Proposer. This exclusion of information applies to the Proposal, to any interview and to
all other aspects of the solicitation selection process.
SCOPE OF WORK
Design Services: The scope of work will vary with each Job Order. Minor design services may be required for some
job orders; however, most will be designed through registered professional consultants under separate contracts. For
job orders that require design services, the contractor shall seek the services of Arizona registered professionals to
prepare plans for permitting.
Construction Services by the JOC Contractor may include, but are not limited to:
Provide construction services for various projects, including required labor (including subcontractors),
materials, equipment, and related services for renovations; tenant improvements; additions, including
site work and utility extensions; and upgrades and replacement of building mechanical, electrical, and
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building automation systems. Projects will be located throughout Maricopa County, Arizona and may
include work in occupied facilities.
• Assist with scoping and constructability issues.
• Provide project scheduling.
• Provide detailed cost estimating and knowledge of marketplace conditions.
• Provide value engineering as required.
• Provide long-lead procurement studies and possibly initiate procurement of long-lead items.
• Coordinate with various County departments and other agencies including utility companies, etc.
• Schedule and manage site operations.
• Bid, award, and manage all subcontracts while meeting the County project requirements.
• Provide quality controls.
• Address all federal, state, city, and county permitting requirements and assist in the permitting
processes.
• Maintain a safe and clean work site for all project participants, County staff, and public.
CONTENT OF SUBMITTAL
The Proposal should be fully self-contained and include a response to each of the items in this section. The
information shall be in the order listed below and shall be index tabbed. The index tabs may contain photographs as
long as there is no other identifying information contained thereon with respect to the photographs. If any
photographs are included and identifiable as to their respective project, the index tabs will be counted as a page.
Note: Maricopa County Parks and Recreation specifically is seeking a firm with prior experience demonstrating the
firm and its proposed subconsultants have the skills required for the Job Order Contractor project delivery method
construction services included in this solicitation.
1) Prior Experience
Provide a project description for at least six (6) projects in a government environment your firm executed as a
Job Order Contractor. In addition, provide a list of any Job Order Contracts your firm has held with public
agencies for construction services. List the agency, the duration of the contract, and the total value. If you have
not had Job Order Contractor project delivery method experience on similar projects, but if your firm has done
similar projects and you believe that your firm has experience on those projects which is comparable to the Job
Order Contractor project delivery method, provide a project synopsis for each such project and also include an
explanation of why you believe the experience is comparable to the Job Order Contractor project delivery
method.
As to prior experience, please include the following for each project:
a) Describe the average number of projects assigned annually, how many of those were completed during the
budgeting year, and the average cost per project per year.
b) Describe size, schedule, budget and complexity of each project.
c) Described services provided.
d) Describe the process by which the price was established and the processes used to keep the project
construction cost within the estimate provided.
e) Provide owner starting budget estimate, the estimate, and the final contract amount for each project.
Include a description of change orders. Include a description of any savings achieved and how savings
were allocated between owner and contractor.
I) Describe how acceptable construction quality was determined and achieved.
Request For Qualifications Page 14
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
g) Describe whether the project was completed within the original project construction schedule. Explain any
variances.
h) Describe how your firm avoided potential problems or solved actual problems as early and as rapidly as
practicable.
Client References — Include client contact information, including clients for project examples listed above
and include: a) Name of client organization or firm, contact person and phone number. As to each project,
use the format and provide the reference information in Attachment 1.
2) Project Team
Provide information about the firm's proposed project team. List the individuals to be assigned to the project
and identify their positions on the project team. List examples of their experience on similar projects,
identifying project size, schedule and complexity, as well as their specific role. Describe Job Order Contract
project delivery method experience or comparable experience. For experience which you consider comparable,
cover the comparability evaluation elements listed in item 1 above. Include a resume or resume(s) of proposed
team/individuals in Attachments Tab 7(b) Resumes, describing applicable qualifications and experience.
Please include the following information:
a) Provide graphical organization of proposed staff.
b) Provide graphic depicting current and projected workloads of proposed staff members.
c) Indicate time that each of the assigned staff person will have to dedicate to this project.
d) Include examples of projects where staff assigned to this project have worked together as a team.
e) List proposed key sub-consultants with qualifications and experience of individuals. Include key sub-
consultant resumes in Attachments Tab 7(b) Resumes.
List example projects the proposed individuals of your firm and consultant firms have completed as a team.
3) Subcontractor Selection Plan
Please provide your Subcontractor Selection Plan for this project/contract. The proposed subcontractor selection
plan should include processes and criteria for selection of subcontractors based on qualifications alone, or on a
combination of qualifications and price, and shall not select subcontractors based on price alone.
In addition, the following minimum information should be included:
a) Your criteria for determining the qualifications of the subcontractor(s), for example
• Number of years in business
• Financial history
• Etc.
b) The minimum number of qualified subcontractors available for each trade
c) The range of years that your qualified subcontractors have worked with your firm
d) Provide reference contacts for three (3) major trade subcontractors utilizing the format provided in
Attachment 1.
4) Project Management Plan
a) Describe the schedule management and control process your firm proposes to apply to projects assigned
under this JOC. Specifically address submittals, sub-contractor management, and critical path aspects of project
and material availability.
5) Budget and Scope Management Capability
a) Describe the budget management and control process your firm proposes to apply to this Project.
Request For Qualifications Page 15
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
6) Expedited Completion of Project
a) Describe what practices and procedures your firm utilizes when asked to "fast-track" a project.
b) Describe at least three (3) and no more than five (5) projects of a nature assumed to be similar to projects
assigned under this JOC, in which your firm has applied the practices and procedures proposed. As to each
project, use the format and provide the reference information in Attachment 1. Also include a description
of the time savings achieved.
c) Describe what practices and procedures your firm utilizes to plan for and mitigate schedule impacts due to
permitting requirements.
7) Attachments
a) General Contractor Arizona License
The Proposer selected under this Request for Qualifications must hold an appropriate contractor license
issued by the Arizona Registrar of Contractors when submitting the Proposal. Please include in the
Proposal a statement that the firm holds the appropriate license, license type and contractor license number.
b) Resumes (i.e., maximum 1 page(s) each of five (5) key firm individual resumes)
c) References (use form Attachment I)
d) Addendum Acknowledgement (only if addendum issued, use form Attachment 2)
e) Legal Worker Certification (use form Attachment 3)
f) Surety Bond (current standard form of surety bond or use form Attachment 4)
g) Proposal Exceptions (if any)
h) Non-Collusion Affidavit (use form Attachment 5)
SELECTION CRITERIA
ALL OF THE CRITERIA ARE IMPORTANT TO MARICOPA COUNTY. THE CRITERIA ARE LISTED IN
THE ORDER OF THEIR RELATIVE IMPORTANCE WITH THE MORE IMPORTANT CRITERIA LISTED
FIRST. THE POINT VALUES ASSIGNED TO EACH OF THE CRITERIA ARE LISTED NEXT TO THE
CRITERIA BELOW.
(i) Proposer comparable prior experience and client references (25 Points)
(ii) Proposed project team (25 Points)
(iii) Proposed subcontractor selection plan (20 Points)
(iv) Proposed project management plan (15 Points)
(v) Proposer budget and scope management capability (10 Points)
(vi) Proposer capability to complete the Project on an expedited basis (5 Points)
SELECTION PROCESS
An Evaluation Committee will evaluate the Proposals submitted in response to this RFQ. The evaluation will be to
determine the qualifications of the Proposer to perform the Job Order Contractor construction services under this
RFQ based on the selection criteria listed above.
In making its determination, the Evaluation Committee will evaluate the Proposals, information from client
references and additional information received or obtained by the Evaluation Committee. The Committee may
request or obtain additional information at any time during the selection process through, correspondence, and
visitation of completed projects or otherwise.
RANKING
After receipt of the Proposals, the Evaluation Committee will use the selection criteria listed above to perform a
review and will rank the responsive Proposals. The Evaluation Committee will select at least three (3) and not more
than five (5) of the highest ranked persons or firms for award of Job Order Contracts. If there are fewer than three
Request For Qualifications Page 16
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
(3) responsive Proposers, Maricopa County may choose to either continue with the Responsive Proposer(s) or
discontinue the process.
NOTICE OF INTENT TO AWARD OR REJECTION OF PROPOSALS
The next step will be for Maricopa County to issue a notice of intent to award. Maricopa County reserves the right
to cancel this Request for Qualifications, to reject any or all Proposals, and to waive or decline to waive any
irregularities in any submitted Proposals, or to withhold the award for any reason it may determine in the best
interest of Maricopa County.
NEGOCIATION OF CONTRACT
Maricopa County will then negotiate contract(s) for Job Order Contracting with the highest ranked persons or firms
at a compensation which the County determines to be fair and reasonable. In making this decision, the County will
take into account the scope, complexity and nature of the services to be rendered. If the County is unable to
negotiate a satisfactory contract with the person or firm considered to be the most qualified at compensation the
County determines to be fair and reasonable, negotiations with that person or firm will be formally terminated. The
County will then undertake negotiations with the next most qualified person or firm in sequence until an agreement
is reached or a determination is made to reject all proposals.
At the time and in the manner designated in the MARICOPA COUNTY standard form of Job Order Contractor
contract documents, the JOC will submit a quote for a specified scope of work and MARICOPA COUNTY and the
JOC will negotiate for issuance of a job order task assignment. When MARICOPA COUNTY and the JOC agree
upon the final price, MARICOPA COUNTY will issue a notice to proceed with the work. If negotiations for an
agreeable price are not successful, MARICOPA COUNTY may terminate negotiations and proceed with the JOC
task with a different Job Order Contractor selected by the County.
REGULATIONS
Should the RFQ process result in a contract, the agreement will be subject to all the provisions of the Maricopa
County Procurement Code and will include all the terms, clauses, and conditions required by the County
Procurement Code.
DELTVERY OF INSURANCE POLICIES OR CERTIFICATES AND EXECUTION OF CONTRACT
DOCUMENTS
Within ten (10) days of receipt of notice of intent to award, the successful Proposer shall deliver to MARICOPA
COUNTY the required insurance policies or certificates in a form satisfactory to MARICOPA COUNTY. Policies
or Certificates must reference the MARICOPA COUNTY Project Number and the MARICOPA COUNTY Project
Name with the original submission and with each and every updated submission thereafter. Failure to do so may
result in rejection of the successful Proposer's Proposal and withdrawal of the Notice of Intent to Award. Promptly
after MARICOPA COUNTY receives satisfactory insurance policies or certificates MARICOPA COUNTY will
deliver to the successful Proposer one (1) duplicated originals of the form of contract documents to be executed by
the successful Proposer. This form of contract documents will be the form referenced in Attachment 6 or
MARICOPA COUNTY's then current form of contract documents. The successful Proposer shall execute and return
to MARICOPA COUNTY all copies of the contract documents within ten (10) days after receipt of the contract
documents. Failure to return the executed copies of the contract documents may result in rejection of the successful
Proposer's Proposal and withdrawal of the Notice of Intent to Award.
STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. SAVE includes the State of Arizona, many
Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative
Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of
SAVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such
Request For Qualifications Page 17
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the
County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
Request For Qualifications Page 18
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
STATEMENT OF
QUALIFICATIONS P.
JOB ORDER CONTR/ #TOR
Job Order Contractors for Parks and Recreation
SERIAL # 15051-JOC I CONTRACT #15051 -JOC
UsHeats construction Inc,
General Construction - Construction Management - Design/Build - Facilities Management
May 28, 2015
Maricopa County Office of Procurement Services
Paul Shamrock
Article 5 Procurement Officer
320 W. Lincoln Street
Phoenix, AZ 85003
RE: Request for Statement of Qualifications Job Order Contract (JOC) Serial/Contract #15051-JOC
Dear Mr. Shamrock and Selection Committee Members:
Caliente Construction Inc. appreciates the opportunity to submit our qualifications for the Job Order Contract for
Parks and Recreation.
Working in close partnership and collaboration with 12 public customers, we have been delivering cost-effective
and time-efficient JOC and multiple task order services for over 20 years and have served Maricopa County
Parks and Recreation as a JOC contractor since 2010. We have multiple JOC contracts with the City of Tempe,
Maricopa County, the Maricopa County Stadium District, the State of Arizona, ASU, the City of Phoenix Aviation
Services and Maricopa County Community College District. Our experience includes full-term renewal and multi-
contract selection by our clients. We are proud of our abilities and performance and would consider it a privilege
to continue to serve Maricopa County Parks and Recreation as a JOC contractor.
We recognize Maricopa County Parks and Recreation oversees one of the largest regional park systems in the
United States and manages ten regional parks. A primary concern for this contract will be to provide efficient and
effective construction solutions for a wide variety of project scopes while maintaining the function and quality of
experience offered by these recreational and educational sites. In order to achieve these goals we offer the
following strategies.
• Our project manager, Justin Miller, will be your single point-of-contact and he will be assisted by a highly
experienced and capable group of superintendents who will provide daily project oversight and "hands-on"
construction services as needed.
• Our team provides complete JOC services: scope and budget planning through subcontractor input, historical
data; full design-build or design assist services, select bid-build, value engineering, constructability and
quality construction management.
• 20+ years of experience delivering JOC/Task Order Services over a wide geographical area. We are flexible,
responsive and capable of providing quick response to your everyday, critical and emergency needs.
• We have a substantial database of pre-qualified contractors, consultants and sub-consultants who support
any type of project scope.
• Known for our commitment to collaboration, we encourage team-focused planning, solutions and
performance.
• Caliente has been working with the County on Job Order Contracts since 2006 and we understand your
expectations, requirements and standards.
Thank you for your consideration and we sincerely hope to continue to serve as a JOC contractor for the County
Parks and Recreation.
Respepffilly Submi
4,441.df
Lorraine Bergman
President / CEO
An Award-winning Contractor
485 West Vaughn, Tempe, Arizona 85283-3672 Phone: (480) 894-5500 Fax: (480) 894-2323
AZ R00091625 AZ R00098769 AZ R0C164561 CA 770323 UT 4741522-550 NV 0078132
ID RCE-28529 NM 85371 CO 233580 MT 159637
"We build more than structures; we build confidence and relationships that last"
Page 1
Lake Pleasant Operations/Headquarters Renovation
Maricopa County Parks and Recreation Job Order Contract
a) Average number of projects/# completed during budgeting year/
Average cost per year: Refer to JOC Experience Chart on Page 7
b) Size: Approximately 4,000 SF Schedule: (Design + Construction)
12/13 — 4/14 Value: $199,618
Complexity: Renovation of an occupied facility that serves as the
Maricopa County Sheriff's Office (MCSO) and Parks and Recreation's
new headquarters. The project was completed in three phases that
included: design and construction of the MCSO and completion of
the remainder of the building renovation. The project scope consisted
of: demolition, flooring, drywall, framing, painting, masonry repairs,
electrical, plumbing, mechanical, doors and hardware, windows,
millwork. counter tops, restroom renovations and service of existing
HVAC units.
c) Services: JOC — Caliente provided design-build services, engaging the architect and sub-consultants (Arrington
Watkins, Pearson Engineers, Buehler & Buehler); team coordination, weekly meetings, conceptual estimates, design
review estimates; investigation of existing conditions, value engineering, scheduling, constructability, procurement
planning and construction, safety and quality control.
d) Price and Cost Control: The price was established through conceptual cost estimates. Once design was
complete, we issued an RFP for a select bid and submitted our final estimate. We also used subcontractor input to
provide value engineering options to meet the owner's budget while still providing expected function and quality.
e) Cost Data:
Owner Budget Estimate: $177,802 Estimate: 3177,802 Final Contract Amount:
$199,608
Change Orders: $21,816 — Three change orders for owner-added scope.
Savings Achieved / Allocation between Owner and Contractor: There was a small owner contingency that was
used for added scope. Savings were achieved through value engineering, for example: for items such as flooring,
we suggested using epoxy flooring instead of carpeting in some areas.
f) Acceptable Construction Quality: Quality control began during design. As the team
collectively selected materials and products, Caliente provided constructability review of
the drawings to ensure there were no conflicts and information was clear. The submittals
were carefully reviewed and all materials and equipment coming on-site were inspected
and checked for conformance with the specifications. Our superintendent provided daily
oversight of the work, completed daily reports that detailed any issues, and scheduled
any non-conforming work for immediate correction. We coordinated all County, Fire
Marshal and third-party inspections.
g) Completion within Original Project Construction ScheduleNariances: The
project was completed within the original schedule.
h) Problem/Challenge Avoidance/Resolution: One of the most important aspects
of this project was to ensure the impact of construction on the MCSO area was kept
to a minimum. The team worked together to develop the design and construction plan
to complete the work in this area first. There were also some existing conditions that
were discovered during construction, such as electrical systems that were not working
properly. Caliente, the owner and the architecture and engineering team worked
together to trace and repair the electrical system. The repairs were completed without
disruption of service. The balance of the construction was done while the building was
occupied, so Caliente maintained close communication with the facility to keep them
updated on the work schedule.
i) Client References: This information may be found in Attachment C.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Prior Experience Page 2
Lake Pleasant Automated Gates
Maricopa County Parks and Recreation Job Order Contract
a) Average number of projects/# completed during budgeting
year/Average cost per year: Refer to JOC Experience Chart on
Page 7
b) Size: N/A Schedule: (Design + Construction) 4/14 — 5/14 (Six-
week duration, project completed in three weeks) Value: $60,448
Complexity: Design and construction of two cantilever automated
gates for regulated access control to block off a service road.
c) Services: JOC — Caliente coordinated the design of this project
through the subcontractor. We provided a conceptual budget and
conducted a site visit to determine the location and type of gate
best-suited for the conditions. The design was coordinated through
subcontractor shop drawings and submittals, and we provided
construction and installation services.
d) Price and Cost Control: The price of the project was determined by investigating the existing conditions, location
of the gate and subcontractor input on the cost of fabrication and installation. A key component to maintain the budget
was the preliminary investigation of the site. This enabled us to determine a type of gate that eliminated the need for
additional perimeter fencing and additional containment. This not only saved money but also minimized disturbance to
the surrounding environment.
e) Cost Data:
Owner Budget Estimate: $59,711 Estimate: $59,711 Final Contract Amount: $60,448
Change Orders: A contingency was built into the original estimate, and this along with one change order were
utilized to add additional gate controls (50 key fobs).
Savings Achieved / Allocation between Owner and Contractor: Savings were accounted for during
preconstruction by working with the owner and major subcontractor to design the appropriate gate.
f) Acceptable Construction Quality: Construction quality began with a team site investigation in order to design the
most suitable gate application. Our subcontractor provided in-field engineering to refine the gate during installation to
accommodate site conditions. All work was supervised by a Caliente superintendent.
g) Completion within Original Project Construction Schedule/Variances: The project was completed two weeks
ahead of schedule.
h) Problem/Challenge Avoidance/Resolution: One of the potential problems on this project was maintaining and
coordinating access for the many agencies that use this roadway (CAP, MCSO, Forest Service and Maricopa County
Parks and Recreation). We provided traffic control on the roadway during construction and installation of the gate.
Additionally, most of the gate components were pre-fabricated off-site, which expedited the gate installation and
minimized the time the roadway was not accessible.
i) Client References: This information may be found in Attachment C.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Co
Page 3
Usery Mountain Recreation Area Playground Renovation
Maricopa County Parks and Recreation Job Order Contract
a) Refer to JOC Experience Chart on Page 7
b) Size: N/A Schedule: (Design + Construction) 4/15 — 5/15 Value: $83,968
Complexity: This project is a "test" project of a new concept for Maricopa
County Parks and Recreation, which consists of replacing traditional playground
equipment with fitness and challenge-type equipment. The project scope consisted
of demolition of existing playground equipment and the rubber play surface. New
concrete was poured and outdoor fitness equipment was furnished and installed.
c) Services: JOC — Provided coordination of equipment manufacture and
procurement, installation and site construction.
d) Price and Cost Control: The owner had already done some preliminary pricing and provided us with a list of
equipment. Caliente provided a cost estimate that required that some equipment be eliminated in order to reduce the
amount of site work and remain within the owner's budget.
e) Cost Data:
Owner Budget Estimate: $83,968 Estimate: $83,968 Final Contract Amount: $83,968
Change Orders: N/A Savings Achieved /Allocation between Owner and Contractor: N/A
f) Acceptable Construction Quality: Caliente worked with the equipment manufacturer and installer to ensure the
equipment was delivered as specified and we provided oversight of the site work and equipment installation.
g) Completion within Original Project Construction Schedule/Variances: The project was completed on schedule.
h) Problem/Challenge Avoidance/Resolution: This was a straight-forward project. Close coordination with the
equipment manufacturer to fabricate and arrange timely delivery and installation enabled the project to be completed
within the schedule.
i) Client References: This information may be found in Attachment C.
Maricopa County Playground Improvements
Maricopa County Parks and Recreation Job Order Contract
a) Refer to JOC Experience Chart on Page 7
b) Size: N/A Schedule: 11/10 — 12/10 Value: $101,205
Complexity: This project included: resurfacing the platforms on existing equipment,
replacing playground equipment and providing new play surfaces at Cave Creek,
Estrella, Lake Pleasant, McDowell, Usery and White Tank Regional Parks.
c) Services: JOC — Caliente provided scope definition, cost estimating, value
engineering, scheduling, subcontractor/supplier procurement, and construction
management and self-performance for removing and installing some of the playground equipment.
d) Price and Cost Control: Caliente developed the scope and price for the project through a scope walk and
obtained pricing for replacement/resurfacing from equipment suppliers and coating manufacturers. We provided a
select bid list RFP to obtain competitive, qualified pricing; provided daily supervision of the work; and self-performed
some equipment removal and installation to save on cost.
e) Cost Data: Project
Owner Budget Estimate: $102,205 Estimate: $102205 Final Contract Amount: $1 02,205
Change Orders: N/A Savings Achieved / Allocation between Owner and Contractor: N/A
f) Acceptable Construction Quality: Construction quality began with careful selection of subcontractors, daily QC
inspections and self-performing and monitoring the performance of subcontractors.
g) Completion within Original Project Construction Schedule/Variances: Completed on schedule.
h) Problem/Challenge AvoidancelResolution: One of the major challenges was maintaining the owner's budget.
Caliente provided extensive VE research to determine that some of the equipment could be re-coated rather than
replaced, which saved on cost and procurement lead times. We also coordinated the work schedule for each location
to ensure the work was completed prior to the park's peak visitor and holiday usage times.
i) Client References: This information may be found in Attachment C.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 4
Lake Pleasant 10-Lane Restrooms
Maricopa County Parks and Recreation Job Order Contract
a) Average number of projects/# completed during budgeting year/
Average cost per year: Refer to JOC Experience Chart on Page 7
b) Size: Approximately 500 SF Schedule: 3/14 —4/14 Value: $110,945
Complexity: This project consisted of renovation to the existing men's and
women's restroom facility. The work included: demolition of electrical, plumbing,
partitions and accessories, floor tile, saw cut, masonry and entryway doors.
Renovation consisted of new epoxy flooring, toilet partitions and accessories,
plumbing and lighting, new doors and hardware, interior painting and painting of
exterior steel.
c) Services: JOC — Caliente helped the owner develop the project scope by
providing a conceptual design, submittals and shop drawings. Other services
included: cost estimating, investigation of existing conditions, scheduling, value
engineering material procurement and construction.
d) Price and Cost Control: The price was based upon the conceptual design
Caliente provided. We also worked with select subcontractors to suggest
lighting and fixture options and provided pricing for these items. This enabled
the owner to select products that aligned with their functional and budget parameters.
e) Cost Data:
mreiprigrafiTioFi
Owner Budget Estimate: $100,761 Estimate: $100,761 Final Contract Amount: $110,945
Change Orders: There was one change order to correct existing conditions and provide service and maintenance of
the existing main plumbing line.
Savings Achieved / Allocation between Owner and Contractor: We provided value engineering options that
included: changing out the flooring material from tile to a more durable and cost-effective epoxy coating. We also
patched existing wall tile rather that replacing.
f) Acceptable Construction Quality: Quality was achieved by assisting the owner with product and material
selections and through careful submittal review, and ensuring material and workmanship was as specified. In
addition, Caliente's superintendent provided daily supervision and prepared daily reports that noted any issues and/
or non-conforming work and scheduled work for correction. We coordinated some of the inspections with the owner
representative.
g) Completion within Original Project Construction Schedule/
Variances: The project was completed on schedule.
h) Problem/Challenge Avoidance/Resolution: One of the main issues
for this project was to complete it during a tight window to ensure the
restrooms were ready for the busy summer season. Caliente worked
diligently to define the project scope and maintain the construction
schedule. We found deficiencies in the existing plumbing system
during construction and were able to correct this while still maintaining
the schedule. We had a warranty call on this project that consisted
of malfunction of some of the valves in the sink faucets and toilet
fixtures. Caliente responded immediately and had the manufacturer's
representatives come on-site to troubleshoot and remedy the problem by
replacing the defective parts.
i) Client References: This information may be found in Attachment C.
Q Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Section 1 Prior Experience Page 5
Playa Del Norte Park Improvements
City of Tempe Job Order Contract
a) Average number of projects/# completed during budgeting year/
Average cost per year: Refer to JOC Experience Chart on Page 7
b) Size: 2.5 Acres Schedule: 8/09 — 12/09 Value: $511,775
Complexity: The project transformed a 2.5-acre retention area into a
new park retention area. The project required the removal of all existing
vegetation including the removal of the clay based topsoil. The new
park area included gabion walls, a concrete platform over the existing
headwall, two concrete slab areas, a concrete seat wall, architectural
concrete bands, 40,000 SF of sod, over 750 new plants and trees, a
stabilized granite pathway, park lighting, and a bio-retention area.
111111LI
c) Services: JOC — Bid-build project, no preconstruction services.
Construction, coordination with third-party stakeholders, Maricopa County Flood Control, neighborhood, select bid
subcontractor procurement, estimating, scheduling, quality control, safety.
d) Price and Cost Control: Project price was established through a competitive bid amongst select, pre-qualified
subcontractors. The budget was reviewed on a weekly basis. Production and QC were monitored daily to prevent
schedule overruns and work quality issues. Change management process was used to analyze changes, and provide
associated costs and schedule impacts
e) Cost Data:
Owner Budget Estimate: $511,775 Estimate: $511,775 Final Contract Amount: $556,096
Change Orders: Project consisted of 20 owner-driven change orders, including: added drywall, added landscaping,
repair existing hardscape, extended irrigation lines, added drainage piping and riprap, added soil amendments,
added landscape curbing and landscape maintenance.
Savings Achieved / Allocation between Owner and Contractor: N/A
f) Acceptable Construction Quality: Quality began with a select bid RFP to ensure qualified subcontractors were
selected to perform the work. All subcontractors attended a pre-mobilization meeting with the City of Tempe to ensure
understanding of performance, schedule and quality expectations. Our superintendent provided daily QC inspections
and we worked closely with the City engineers to plan and execute the project.
g) Completion within Original Project Construction ScheduleNariances: Project was completed on the revised
schedule dictated by the owner's changes.
h) Problem/Challenge Avoidance/Resolution: Some of the challenges associated with this project include:
continuous nuisance water generated by apartment complex west of project. We discovered this during our site
logistics planning process and added a pumping system to manage. Caliente also met with Maricopa County Flood
Control at the beginning of the project to work with them on a plan to prevent disturbing the levy adjacent to the
project.
i) Client References: This information may be found in Attachment C.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 6
ASU Polytechnic Ring Road Landscape
Arizona State University using the Maricopa County General
Construction Job Order Contract
a) Average number of projects/# completed during budgeting year/
Average cost per year: Refer to JOC Experience Chart on Page 7
b) Size: 8.4 Acres Schedule: 8/12 — 2/13 Value: $1,385,342
Complexity: ASU Polytechnic Ring Road landscape project consisted
of installation of 8.4 acres of new landscaping around the realigned
two-mile loop road that surrounds the Polytechnic campus. The desert
indigenous and sustainable landscaping consisted of 530 new desert
trees and 5,000 new shrubs. It incorporated architectural gabion
baskets and a new masonry/perforated metal screen wall.
c) Services: Bid-build project with completed plans. Pre-qualified subcontractor RFP, constructability review of plans,
scheduling, estimating, construction management.
d) Price and Cost Control: Price was determined through a competitive, select RFP process.
e) Cost Data:
Owner Budget Estimate: $973,734 Estimate: $973,734 Final Contract Amount: $1,385,342
Change Orders: Eight owner—driven change orders for additional landscape and hardscape, erosion control, site
furnishings and repair of existing drainage.
Savings Achieved / Allocation between Owner and Contractor: N/A
f) Acceptable Construction Quality: Select bid REP to ensure qualified subcontractors, daily QC inspections and
supervision of performance. Weekly team meetings and maintenance of a rolling punch list and action item list to
ensure any outstanding issues or non-conforming work was completed.
g) Completion within Original Project Construction ScheduleNariances: Project was completed on schedule.
h) Problem/Challenge Avoidance/Resolution: This road loops around the entire campus and carries traffic for ASU,
Gateway Community College, National Guard and Gateway Airport. We coordinated with the City of Mesa on traffic
control and developed a traffic plan to maintain access during construction. As the owner added substantial scope
to the project, we carefully analyzed the changes for budget and schedule impacts assisting the owner with making
choices that added value to the project at a reasonable cost.
i) Client References: This information may be found in Attachment C.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 7
Additional JOC Experience
Caliente has listed our current and past JOC/Task Order Contracts and provided the agency, contract duration, total
value of the contract, average number of projects assigned annually and the average cost per project per year.
Projects Completed in the Budgeting Year: All projects are completed within schedule and depending upon the
schedule, they may be contracted and completed in the current budgeting year, or as schedule dictates, completed in
the next budgeting year.
CURRENT
Agency Contract Total Value Average Projects , e Cost
Duration per Year - oject
Maricopa County Parks and Recreation
General Construction for Parks — 5/10 — 2015 $15M Max for 5 years 5 $35,897
PARKS-HO10-004
Maricopa County Community College 7/26/13 —2018 $1M per job order 6 $205,392
District JOC — 3164-7-01 No Max
Maricopa County General Construction
- 3rd Consecutive Contract 7/25/14 — 2019 $15M Max for 5 years 20 $184,396
(Also used by ASU)
Maricopa County Stadium District/ $3M per year not to
Chase Field JOC # 12045-JOC 8/12/12 — 8/21/17 exceed $15M for the 3 $476,726
- 2nd Consecutive Contract 5-year period
Arizona Statewide JOC 10/25/11 —2016 No limit for 5 years 4 $6,000
City of Phoenix Aviation Architectural 8/31/11 —2016 $50M Max for 5 years 11 $212,119
JOC —131538
City of Tempe 2/14 — 2/17 $2M Max per year 6 $117,533
- 3rd Consecutive Contract
City of Mesa JOC — 10/14 — 2019 $8M Max per year 6 $80,320
JOC-G14-15000199
AT&T Construction Services TOO 6/1/13 — 2020 No Limit 75 $52,049
- 4th Consecutive Contract
CenturyLink Real Estate Agreement
REA3637.SS1 9/30/11 —2015 No limit 66 $52,049
- 3rd Consecutive Contract
PAST
Maricopa County General Construction 2005 — 2010 $15M for 5 years 32 $70,345
— FMD06-003
Maricopa County Office of Enterprise 8/12/08 — 6/30/11 $15M for 5 years 4 $102,844
Technology FMD-08-038
Maricopa County Stadium District — 10/31/07 —2012 $15M Max for 5 years 2 $771,802
SD 08-00-C
Maricopa County Library District 1/1/07 —2012 $15M Max for 5 years 1 $24,870
MOLD JOC2 FY 2008
City of Phoenix General Construction 7/14/09 — 2014 $100M Max for 5 5 $609,411
for projects < $250,000— 126234 years
City of Phoenix General Construction 7/14/09 — 2014 $50M Max for 5 years 2 $353,296
for projects > $250,000— 127111
City of Phoenix Aviation Sound 8/31/11 — Up to $7.3M Max for 4 years 2 $353,296
Mitigation JOC 18-month renewal .
City of Tempe General Construction — 7/2008 — 2011 $4M with negotiated 4 $226,520
C2008-137 increase for yrs 2-3
City of Peoria JOC for Commercial 11/23/10 — 2015 Per CIP funds 2 $473,785
Rehabilitation — P11-0004 available
Qwest Real Estate Agreement 2008 —2011 No Limit 33 $19,432
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 8
2) Project Team (Each of our proposed team members have completed JOC projects for Maricopa County
Parks and Recreation, as well as other entities. Additional experience and qualifications are detailed in their resumes.)
Proposed Project Team
Justin Miller, Project Manager
Relevant Project Experience: Maricopa County Parks and Recreation JOC Projects — Lake Pleasant
Operations Building (Project Manager), Lake Pleasant Automated Gates (Project Manager), Usery Mountain
Recreation Playground Renovation (Project Manager), Lake Pleasant 10-Lane Restrooms (Project Manager).
Projects are detailed in Section 1
Curt Burnley, Superintendent
Relevant Project Experience: Maricopa County Parks and Recreation JOC Projects — White Tank Park
(Superintendent), Cave Creek Regional Park (Superintendent).
Nathan Page, Superintendent
Relevant Project Experience: Maricopa County Parks and Recreation JOC Projects — Multiple Playground
Improvements (Superintendent); City of Tempe JOC — Playa Del Norte Park (Superintendent).
Projects are detailed in Section 1
Miguel Sanchez, Superintendent
Relevant Project Experience: Maricopa County Parks and Recreation JOC Projects — Usery Mountain
Recreation Playground Renovation (Superintendent). Project is detailed in Section 1
a) Organization of Proposed Staff d) Project Team Experience Working Together
Maricopa County Parks and Recreation JOG, White
Tank Park — Justin Miller, Curt Burnley
Maricopa County Parks and Recreation JOC, Cave
Creek Regional Park — Justin Miller, Curt Burnley
CALIENTE CONSTRUCTION
Lorraine Bergman Maricopa County Parks and Recreation JOC, Usery
Principal in Charge Mountain Recreation Playground Renovation — Justin
Justin Miller Proposed A&E Consultants Miller, Miguel Sanchez
Project Manager Arrington Watkin,s Architects City of Phoenix Aviation JOG, Multiple Projects —
Pearson Engineering Justin Miller, Miguel Sanchez
Curt Burnley
Nathan Page City of Mesa JOC, Broadway Recreation Center Floor
Miguel Sanchez Repair — Justin Miller, Miguel Sanchez
Superintendents AZDES-BEP JOC, DPS Avanti Market Remodel —
Justin Miller, Miguel Sanchez
Subcontractors
Suppliers
Justin Miller b & c) Projected Workloads and Staff Availability
Project Manager Manpower Allocation — Proposed team personnel's current project
assignments are such that they will be available for this project.
Curt Burnley * Superintendents will be on the project 100% of the time
Superintendent during construction.
Nathan Page
Superintendent
100%
Miguel Sanchez Other workloads during this JOC
Superintendent % of Time on Design
% of Time on Construction
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 9
e) Proposed Key Sub-consultants (Individual Experience and Qualifications are Detailed in Resumes)
Architecture Engineering
Arrington Watkins Architects (AW) Pearson Engineering Associates, Inc. (PEA)
AW is a full-service architecture firm established in 1994 PEA is a dual-discipline firm whose history has shown
by Lynn Arrington and David Watkins. They are known dedication to quality electrical and mechanical design
for their comprehensive experience, quality and highly in Phoenix since 1969. PEA has a solid reputation for
interactive design approach. sound engineering design and personal and appropriate
attention to every project they undertake,
Relevant Experience: Maricopa County (60 projects)
Relevant Experience: Maricopa County (53 projects)
f) Team Experience
Arrington Watkins worked with Justin Miller (Caliente's proposed project manager) on the Lake Pleasant Operations
Building project. Additionally, Caliente and AW have worked together since 2007 and have completed dozens of JOC/
CMAR projects with them for Maricopa County, City of Phoenix, and the State of Arizona.
Pearson Engineering also worked with Justin Miller on the Lake Pleasant Operations Building project. Additionally,
Caliente has been working with PEA for over 10 years and together have completed dozens of JOC/CMAR projects
for Maricopa County and the City of Phoenix.
Section 3 Subcontractor Selection Plan
3) Subcontractor Selection Plan
Caliente maintains a database of hundreds of pre-qualified subcontractors in
all trades. We have established relationships with many subcontractors with
whom we have successfully worked with on Maricopa County JOC projects.
Selection Process — Our selection process begins with defining the
scope and developing bid packages as appropriate for each job order.
Subcontractors will then be invited to participate in a select request for
proposal (RFP). We typically solicit bids from a minimum of three pre-qualified,
subcontractors. The RFP process ensures competitive pricing and quality are
dual components of selection, and provides the County with the best overall
value. Caliente's project team qualifies all bids tendered; and all conforming
bids are submitted to the County for its review, with our recommendation
for award. Some job orders may require Caliente to develop the job scope
or provide varying degrees of preconstruction services. In these instances, Lake Pleasant Automated Gates
subcontractors may be asked to provide input on identification of existing
conditions and assist with scope development. These subcontractors may be
selected based solely on qualifications and asked to submit proposals. Regardless of selection method, the County
must approve all subcontractor selections and all selections will be made based on quality and price.
a) Qualifications Criteria — Subcontractors must successfully complete a pre-qualification application prior to
inclusion in Caliente's Subcontractor Database. Financials, bonding and insurance information, number of years in
business, manpower, three-year EMR, and OSHA records must be submitted with their application. We obtain a credit
report and verify all information.
b) Caliente will provide a minimum of three pre-qualified subcontractors in each trade.
c) We require our subcontractors to have been in business for a minimum of two years; therefore, our qualified
subcontractors have worked with Caliente anywhere from 2 — 24 years.
d) References are provided for: Kortman Electric, CFM Mechanical, and RKS Plumbing in Attachment C —
References. While we have successfully worked with these subcontractors on multiple projects, including JOC
projects for Maricopa County and the Parks and Recreation District, we have substantial pre-qualified subcontractor
resources to support this contract.
Job Order Contractors for Parks and Recreation
Page 10
4. Project Management Plan
a) Schedule Management and Control
Some of the most significant differences between JOG and other contracting methods are generated by the need to
complete multiple projects within short time frames.
Key schedule control processes include:
0. Investigate existing conditions, understand the owner/end user's objectives and account for these items in the
scope and schedule.
0- Develop a detailed schedule. Provide regular reviews and updates of the schedule and always have a recovery
plan to manage any scope changes, weather or other potential schedule impacts.
0- Pre-order long-lead equipment and material to ensure timely availability.
• Coordinate the operations of occupied facilities into the schedule to minimize impacts while maintaining the
momentum needed to meet the end date.
0-- Account for remote site conditions and ensure the crews have all the material and equipment needed to perform the
work each day.
0- Provide daily oversight and supervision to ensure quality, safety, production and performance aligns with schedule
requirements.
Submittals — Incorrect product installation can lead to construction delays, defects and even safety issues, so it is
critical for the submittal review and approval process to be diligently managed and monitored.
0. The project manager (or depending upon workload, a project engineer) will request, review and create a tracking
log for submittals and ensure timely submission to the architect and engineer for approval.
0- We frequently use weekly team meetings to review and approve submittals to expedite the process.
lib The superintendent will be thoroughly familiar with the specified material and equipment and will confirm that
materials/equipment coming on-site conform to the specifications.
Subcontractor Management — Subcontractor management begins with the selection of pre-qualified subcontractors
and ensuring they have all the information they need to understand the requirements of the job order and
provide complete proposals during the RFP process. During the REP process, we typically have a site walk
with subcontractors, make them aware of the scope and schedule expectations. Prior to construction, all key
subcontractors attend a pre-construction meeting where scope, schedule, safety, quality and performance parameters
are reviewed. Throughout construction, Caliente's superintendents closely monitor all field tasks to ensure these
requirements are being met. Superintendents provide detailed daily logs and the previously mentioned "look-ahead"
schedules. Subcontractor meetings are held weekly (depending upon project duration) and detailed meeting minutes
are kept and distributed to team members. To ensure all items are completed, an Action Log is maintained to track
open-item completion.
Critical Path Aspects — The critical path aspects are dependent upon the
scope of each job order. However, there are several critical steps that apply to
most JOG projects.
1. The Joint Scope Walk is essential to determine project parameters, end
user needs, and identify restrictions and potential issues and manage
these through good scope development/definition and planning.
2. Investigate Existing Conditions >>> The goal is to assess how
these conditions will impact your budget, schedule and the execution of
construction and develop a scope/design and project plan consistent with
these factors.
3. A pre-qualified subcontractor base with JOG experience and adequate
manpower is an indispensable resource as they can assist with scope and Scope Walk (Existing Conditions) for the
price, and ensure every job order is successfully executed. Cave Creek Multi-Playground Repairs
4. An organized, efficient submittal process is critical to meet the short durations of job orders.
5. Provide expert daily job supervision to ensure production, safety and quality is maintained.
6. Flexible construction scheduling to meet the requirements of each park.
Material Availability — It is imperative to get accurate lead times for procurement of specialty products and provide
a plan "B" to ensure material and equipment is available to meet the fast paced requirements of JOG schedules.
Depending upon scope and duration, we may recommend developing a procurement plan to identify and procure
materials early, lock in prices and if feasible, pre-purchase and store items with price volatility.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Construction
Page 11
5. Budget and Scope Management
Fundamental budget and scope management processes include:
1. Working with the County and, as applicable, key subcontractors and the architect and engineer to provide a
well-defined scope of work that incorporates project goals, existing conditions and the restraints of the facility are
the fundamentals of good budget management.
2. Providing diligent, daily supervision to ensure production, performance or quality issues do not negatively
impact the schedule, which in turn can affect the budget.
3. Systematically Tracking the Budget - Caliente uses Viewpoint/Vista to track budgets, subcontracts, change
orders, job cost, and generate detailed job cost reports. Depending upon the duration of the project, job cost
reports are reviewed on a weekly/bi-monthly basis. The ability to have accurate cost details continually generated
allows us to track trends and put preventative measures in place before the project is impacted by any cost issues.
4. Carefully Manage Changes - Should any changes occur, whether generated by the owner or due to unforeseen
circumstances, they will be analyzed for value to the project and impact on the budget and schedule.
Section 6 Expedited Completion of Projects
6) Expedited Completion of Projects
a) Fast track schedule strategies include:
1. Develop a project schedule and construction logistics plan. Account for existing conditions, access requirements,
project location and park usage schedules, as well as the scope of work.
2. If pre-construction services are included, explore opportunities to release early bid packages to start portions of
construction such as demolition while project is being designed.
3. Review the schedule to identify:
• How much time needs to be saved
• Interdependent tasks that have start and completion relationships that cannot change
• Tasks that can be modified to remove dependencies
• Work that can be done concurrently
4. Revise schedule to reflect changes in task sequencing.
5. Make informed decisions:
• Can additional resources/multiple shifts be added without creating cost overruns?
6. Obtain stakeholder buy-in on fast-track schedule changes, coordinate subcontractors.
7. Retain typical scheduling processes.
• Procurement planning to expedite long-lead materials and equipment
• Closely monitor production, performance and quality and track issues and resolutions
b) Relevant Expedited Completion Experience
City of Phoenix Aviation Services JOC - TN4 Restroom Renovations
Scope: Complete demolition and remodel of one set each of men's and
women's restrooms in Sky Harbor Terminal 4.
Critical Issues: Minimizing downtime and disruption to the airport operations
and passenger conveniences.
Time Savings Procedures: 1. Close collaboration with the architect on
material procurement lead times. For example, we recommended alternate tile,
ceiling and partition products that were more readily available. 2. Extended
work hours by coordinating the construction activities with the facility to perform
some of the work off-hours and making deliveries at night, which maximized the
amount of work we were able to accomplish, 3. Confirm all material, tool and City of Phoenix
people resources were available for each shift to avoid time-consuming trips TN4 Restroom Renovations
through security.
Schedule: 2/12 - 7/12 (The project was completed 20 days ahead of schedule)
/ Value: $629,925 / Reference: See Attachment C - References.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Constructi
Maricopa County JOC - Maricopa County Public Health Services
Vital Records TI
Scope: Renovation and reconfiguration of customer service area including
minor electrical, counter tops, and addition of transaction windows.
Critical Issues: The facility was operational throughout construction and
had heavy public traffic.
Time Savings Procedures: 1. The scope was only a draft plan, so
Caliente provided a scope walk and was able to redefine a more feasible
approach that included identifying material such as doors, frames and
lighting fixtures that could be re-used. This enabled us to save time on
material procurement. 2. We extended the work schedule by coordinating
with the facility to provide deliveries and perform noisy work prior to Maricopa County Vital Records TI
business hours, which allowed us to efficiently complete other construction
services during normal hours.
Schedule: 2/15 — 3/12 (The project was completed one week ahead of
schedule.) / Value: $39,829 / Reference: See Attachment C - References.
City of Tempe JOC Emergency Water Main Repairs
Scope: Remove debris, replace base materials, repave, repair concrete
curbs and gutters, and install valve covers.
Critical Issue: Caliente responded to the call within hours to provide
emergency repair of a water main break. The emergency situation
required us to expedite the work in order to quickly restore service and
access in the affected area.
Time Savings Procedures: 1. We were able to mobilize
subcontractors from our pre-qualified subcontractor base to immediately
begin the clean-up, paving and concrete repairs. 2. Managed all
stakeholder concerns, including door-to-door communication with
City of Tempe residents to provide information on access, alternate parking and
Emergency Water Main Repairs schedule. Coordination and supervision of the City's subcontractor for
repair of the break. Managed the road access and alternate parking while
the town council approved additional funding to complete the project.
Schedule: The project was completed within a week. / Value: $104,321 /
Reference: See Attachment C - References.
c) Practices and Procedures to Mitigate Schedule Impacts Due to Permitting
The majority of our projects with Parks and Recreation have not required permitting. However, Caliente has provided
JOC services throughout Maricopa County under our General Construction JOC and the Parks and Recreation JOC.
We have worked with most of the municipalities within the County and understand their permitting processes and have
established relationships with these agencies. This experience will enable us to assist with permitting or obtain permits
as needed and without impact to the job order schedules.
General Commercial Contractor L
Attachment A - License
Caliente Construction holds a State of Arizona Class B-1 General Commercial Contractor license (No. 91625) issued
by the Arizona Registrar of Contractors. Refer to Attachment A in our appendix for a copy of our license.
Job Order Contractors for Parks and Recreation Submitted by: Caliente Constr
Attachment A
Genera Contractor L cense
General Contractor License
Arizona General Commercial Contractor License
Caliente Construction holds a State of Arizona Class B-1 General Commercial Contractor
license (No. 91625) issued by the Arizona Registrar of Contractors.
UCENSE EFgECTNE T 10/31/2016
STATE OF ARIZONA
Registrar of Contractom CERTIFIES THAT
Caliente Construction Inc
DONT RACTORS LICFNSE NO 91625
General Commercial Contractor
71413 CARD MUSTBE
PRESENTED UPON 0
Attachment B
Justin Miller
Project Manager/Estimator
Justin has been with Caliente for two years. He is an accomplished project
manager/estimator and has already developed a diverse portfolio of JOC projects,
consistently meeting our owner's time and budget goals. Justin is energetic, has a
positive attitude and is very focused. He has the ability to work with a diverse group
of people, and places a strong emphasis on working cooperatively at all levels.
Justin will be performing the role of project manager/estimator, providing
estimating, subcontract negotiation and procurement, scheduling, budget
EDUCATION/TRAINING management and quality control. His responsibilities include technical
interpretation of construction documents, submittal processing, expediting
• Bachelor of Science, materials, project documentation and close-out.
Forestry, Northern
Arizona University He has exceptional communication skills and the ability to interact with a
diverse group of people. He is detail-oriented and puts a priority on developing
• RSMeans collaborative relationships with owners, architects, municipal officials,
• 4Clicks subcontractors and suppliers.
• OHSA 30-Hour
PROJECT EXPERIENCE
Maricopa County Parks and DOE Cafeteria Remodel
Recreation JOC JOG: Demolition and renovation
—Lake Pleasant Operations Building of cafeteria to provide a new
Renovations, design and construction. Avanti Market, which is a series
Value: $200K / Role: Project Manager/ of vending services. Value: $1M /
Estimator (featured project) Role: Project Manager/Estimator
— Lake Pleasant Automated Gates Arizona Public Service PVA Building
Design-build access gates. Value:$60K Renovation of the APS facilities
/ Role: Project Manager/Estimator including: demo, framing and drywall,
(featured project) plumbing, electrical, mechanical, fire
— Usery Mountain Recreation sprinklers and alarm, concrete, steel,
Playground Renovation flooring and paint. Value: $350K / Role:
Replace equipment and play surface. Project Manager/Estimator
Value: $84K / Role: Project Manager/
Estimator (featured project) Hexcel Plant
— Lake Pleasant 10-Lane Restrooms Demolition and reconfiguration of
Renovation of men's and women's space. Value: $450K / Role: Project
restrooms. Value: $111K / Role: Project Engineer/Estimator
Manager/Estimator (featured project)
Tolleson Union High School District
AZDES-BEP, DPS Avanti Restroom Renovations at Tolleson
Market Remodel High School
JOG: Demolition and renovation of JOG: Upgrades to the existing men's
cafeteria to vending services break and women's restrooms.
room. Value: $3K / Role: Estimator/ Value: $176K/ Role: Project Manager/
Project Manager Estimator
City of Mesa, Broadway Recreation
Center Renovations
JOG: Demo existing sports floor and
bleachers and install new. Value: $300K
/ Role: Superintendent
Nathan Page
Superintendent
Nathan has over 20 years of experience in the commercial construction industry.
He has been with Caliente for six years. Nathan's experience has provided him
with a broad range of construction knowledge and skills.
Nathan is a "hands-on" superintendent with excellent supervisory and leaderships
skills. He is highly organized and detail-oriented and has the capability to manage
any size project. He is diligent and responsible and has excellent communication
skills with the ability to interact and effectively communicate with clients,
EDUCATION/TRAINING subcontractors and facility users.
OHSA 30-Hour
• First Aid/CPR
Certified PROJECT EXPERIENCE
• Rule 310 Dust Control City of Tempe Playa Del Norte Park City of Tempe I.T. Training Center
Comprehensive JOC: Transformation of a 2.5-acre Relocation in 525 Building
Certification retention area into a new park/ JOC: Demolition and tenant-
retention area. Value: $387K! Role: improvement of existing space to re-
• Heavy Equipment Superintendent (featured project) purpose as an IT Training Center.
Safe Operation Value: $135K / Role: Superintendent
Training Certification Multiple Playground Improvements
• Comprehensive JOC: Playground improvements at AT&T Mesa III Restack
Training Scaffolding Cave Creek, Estrella, Lake Pleasant, Project consists of an 885,000 SF
and Trench Shoring McDowell, Usery and White Tank demolition and renovation of an
Regional Parks. Work included new existing call center and complete
play surfaces and new playground tenant improvement. Value: $2.1M /
equipment. Value: $101K / Role: Role: Superintendent
Superintendent (featured project)
Palo Verde New Parking Lot &
City of Tempe SCADA I &II Helipads, Phases I, II, Ill
JOC: Updating the monitoring controls Construction of a 12.4-acre lighted,
for 15 lift stations and wells throughout paved parking with associated shuttle
the City of Tempe. Value: $1.3M / bus bay, heavy duty access, new
Role: Superintendent FAA helipad with accompanying
parking/loading areas. Value: $3.5M /
City of Tempe Transportation Center Role: Superintendent
JOC: Mechanical, electrical and gas
upgrades for future restaurants at three
suite spaces. Value: $375K! Role:
Superintendent
Maricopa County Adult Probation
Renovation
JOC: Minor renovations. Value: $41K /
Role: Superintendent
Attachment B esumes
Curt Burnley
Superintendent
Curt has more than 14 years of experience as a superintendent. He has recently
joined Caliente bringing an extensive portfolio of renovation construction
experience. Curt is known for his ability to work effectively in occupied
environments, maintaining facility operations while consistently meeting the
owner's schedule and budget goals. He is a skilled carpenter and is capable of
providing "hands-on" support to projects as necessary. He is currently working with
Maricopa Parks and Recreation projects at White Tanks and Cave Creek.
EDUCATION/TRAINING As Superintendent, his objective is to achieve the project expectations on or before
• Small Business schedule by effectively coordinating subcontractors, managing safety and ensuring
Management, Central that all workmanship is completed in compliance with the applicable specifications
Arizona College and drawings.
• OHSA 30-Hour PROJECT EXPERIENCE
• CPR Certified Maricopa County Parks & Recreation, Scottsdale Healthcare — Lam Air
• Mold and Asbestos White Tank Park Operating Room 3*
Abatement Training, JOC: Install new SES and electrical Oversaw crews in clean-room
2004 feeds. Value: $72,177! Role: atmosphere for demo, equipment
Superintendent installation and inspection of the Lam
• Rule 310 Dust Control Air Operating Room at the Shea
Comprehensive INflaricopa County Parks & Recreation, Campus. Performed build-back and
Certification Cave Creek Regional Park finish of the operating room. This work
JOC: Install new sub-panels and was done while the OR department was
electrical feeds. Value: $105,149 / functional. Role: Superintendent
Role: Superintendent
Scottsdale Healthcare Hospital
Chase Bank Remodels* Remodel*
Demoed and remodeled several Chase Remodeled several floors and wings at
Bank branches in their entirety in both Scottsdale Healthcare Shea and
phases. This work was done after-hours Osborne campuses while the hospital
and the bank was kept operational to was functioning. This required planning
continue its business. These remodels and coordination of all trades and
were performed at the following Chase inspections from parking and access to
Branches. Role: Superintendent demo and finish. Role: Superintendent
— Chase Bank, Sun City West Branch
— Chase Bank, Pinnacle Peak Branch Scottsdale Healthcare — Angio Lab
Remodel and UPS System Backup*
— Chase Bank, Hilton Branch Remodeled the radiology department
— Chase Bank, Tatum and Shea Branch at the Shea Campus in phases to keep
Scottsdale Healthcare — MRI 1* the department operational. Installed
Remodel of the MRI 1 at the UPS backup systems in the basement,
Shea Campus. Contained area of which included ventilation and electrical
construction, performed controlled connections to keep department
demo of location, coordinated and operational in case of the loss of
scheduled build-out and inspections for power during medical procedures.
all trades including med gas. Assisted Role: Superintendent
with installation of the MRI into the
building, which required a crane, and * Experience prior to joining Caliente
the build-back and certification of the
room itself. Role: Superintendent
Miguel Sanchez
Superintendent
Miguel has been in the construction industry for more than 13 years. He joined
Caliente five years ago as a working foreman. He has steadily advanced in the
company. For the past two years, he has been an assistant superintendent on
larger jobs and a superintendent on smaller JOC projects.
Miguel is a journeyman carpenter and has the ability to provide many "hands-on"
services, such as rough carpentry, metal studs, drywall, finish and texture. These
skills, along with his experience as a supervisor, make him an ideal superintendent
EDUCATION/TRAINING for job order contracts.
• Two-year
Construction
Certificate, Gateway PROJECT EXPERIENCE
Community College
Maricopa County Parks & Recreation, ASU (Under Maricopa County JOC)
• OSHA 30 Usery Park Playground Renovations Downtown Post Office Upgrades
• First Aid/CPR JOC: Replacement of existing JOC: Replace boiler and convert
Certified equipment with new fitness equipment, freight elevator to passenger elevator.
Value: $83K / Role: Superintendent Value: $600K / Role: Assistant
(featured project) Superintendent
AZDES-BEP, DPS Avanti City of Phoenix Aviation Services,
Market Remodel Terminal 4 Restroom Renovations
JOC: Demolition and renovation JOC: Complete demolition and remodel
of cafeteria to vending services of one set each of men's and women's
break room. Value: $3K / Role: restrooms in Sky Harbor Terminal 4.
Superintendent Value: $600K / Role: Assistant
Superintendent
City of Mesa, Broadway Recreation
Center Renovations City of Phoenix Aviation Services,
JOC: Demo existing sports floor and Refurbish Maintenance Complex
bleachers and install new. Value: $300K JOC: Multiple JOG projects to provide
/ Role: Superintendent architectural renovations, infrastructure
replacement and re-roof. Value: $2,4M /
City of Phoenix Aviation Service, Role: Assistant Superintendent
RCC Expansion Joint Replacement
JOC: Demolition of existing expansion
joint and replacement. Value: $38K /
Role: Superintendent
City of Phoenix Aviation Services,
Terminal 4 F30 Stainless Steel
Waste Line
JOC: Remove and replace 4" cast iron
sewer line, replace with new stainless
steel pipe and fittings. Value: $71K /
Role: Superintendent
Bashar Shammas, RA
Project Architect
Professional Experience
Bashar holds a Master's Degree in Architectural Engineering. He has 22 years of experience
in the architectural field and 11 years with Arrington Watkins Architects. Bashar is a licensed
Architect in Arizona and has worked in several countries and on many international projects.
Bashar will work closely with the Project Manager and will be responsible for coordinating and
driving the work of the in-house staff and with the project consultants. Bashar's design and
management skills allow him to perform many of the Project Manager functions which include:
involvement in all design phases, controlling the technical quality of the project, planning the
project tasks, managing the team, meeting the schedule, and serving the client.
Relevant Project Experience Maricopa County Assessor Admin. TI
Maricopa County Parks - Lake Phoenix, Arizona
Education: Pleasant Operations Facility
Master of Architectural Renovations, Lake Pleasant, Arizona Goodyear MasterPlan, Phase 1 and
Engineering, Univeisty o Renovation of an occupied facility which Evidence Storage - Goodyear Arizona
lechnology -Bagndad, Ir serves as the MCO Sheriff's office and Assessment of the needs of a large group
Parks and Recreation's new headquarters. of stakeholders, projected over five, 10 and
Bachelor of Science, The project scope consisted of: demolition, 20 year periods, and the melding those
Architecture/Engineering flooring, drywall, framing, painting, masonry needs into a single building program and
, • • p v repairs, electrical plumbing, mech,, doors and masterplan. The team prepared a masterplan
hardware, windows, millwork, countertops, of a 90 acre site, encompassing not only the
restroom renovations, and service of existing ultimate build out of the site, but a series of
HVAC units. prioritized phases, along with projected cost
to develop each phase at some assumed
Maricopa County Chambers Swing date in the future,
Space Remodel
Phoenix, Arizona El Mirage Police Headquarters with
This project was the remodel of a historic Evidence Storage - El Mirage, Arizona
structure. 21,000 SF conversion of a data New 22,000 SF facility will contain
Years of Experience: storage area to modern office space. administrative offices, evidence processing
and storage, cells for both juveniles and
Maricopa County Clerk of the Courts adults, property and evidence storage, public
Remodel - Phoenix, Arizona training and media rooms, locker rooms and
This project consisted of the complete briefing rooms.
renovation of two separate spaces within
the existing Maricopa County Central Courts Ak-Chin Fire Station and
Building. Administration - Maricopa, Arizona
New 18,000 SF community fire station
Maricopa County OFT Building with lobby, administrative offices, staff
Maricopa County lounge, conference room, fitness center,
communications center, living quarters and
Maricopa County Elections Office Lobby storage facilities,
Renovation
Phoenix, Arizona
Arrington Watkins Architects
JEFFREY F. RUTHSTROM, P.E •9 C.P.D.
Mechanical Engineer/ Sr. Vice President
Jeff Ruthstrom joined Pearson Engineering Associates, Inc. in 1995, bringing with
him expertise in HVAC systems design, plumbing systems design and process piping
systems design. This expertise has been applied to central plants; air-handling
systems; domestic water systems; conventional and pumped drainage systems; and
toxic, inert, medical, corrosive and pyrophoric gas systems. As a project engineer,
Jeff manages a project from concept to completion in a straight-forward systematic
manner. Incorporated into each project are the client's needs to be within budget, for
the project delivered on time and have the best possible quality and maintenance of
aesthetics to design. He is accomplished in design/build and fast-track processes.
Jeff has been involved with major commercial high rise, industrial, healthcare,
educational and military projects.
EDUCATION: • Bachelor of Science Mechanical Engineering
Arizona State University, 1990
PROFESSIONAL
REGISTRATIONS: • Arizona (#31184)
• Nevada (#018428)
• Ohio (#74210)
• South Carolina (#23193)
• Tennessee (#113476)
• Texas (#87455)
PROFESSIONAL
CERTIFICATIONS: • Certified in Plumbing Engineering
• Certified Plumbing Designer
• Certified Energy Manager
PROFESSIONAL
AFFILIATIONS: • American Society of Plumbing Engineers
• American Society of Heating, Refrigeration and Air
Conditioning Engineers
• Air Conditioning Contractors of Arizona
YEARS OF
EXPERIENCE: 25 Years
PEARSON
\IGINEERING
ASSOCIATES, INC.
PEA KEY PERSONNEL
Attachment C
Caliente Construction References C Caliente Construction Inc.
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
References for Section 1 Project Experience
Lake Pleasant Operations/Headquarters Renovation
1. Company Name: Maricopa County Parks and Recreation Department
Address: 41835 Operations Center Road, Morristown, AZ 85342
Phone Number: 602-506-8675
Facsimile Number: 602-372-8722
Person to Contact: Brad Reed, Project Manager
(Email Address): bradreed@mail.maricopa.gov
Owner's Bid # or Project #: MCO JOC #SC 14300LP0141
Date of Completion: April 2014
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Pearson Engineers and Arrington Watkins. Owner's Project Name — Lake Pleasant Operations/
Headquarters Renovation. Description — Renovation of an occupied facility that serves as the Maricopa County
Sheriffs Office (MCSO) and Parks and Recreation's new headquarters.
Lake Pleasant Automated Gates
2. Company Name: Maricopa County Parks and Recreation Department
Address: 41835 Operations Center Road, Morristown, AZ 85342
Phone Number: 602-506-8675
Facsimile Number: 602-372-8722
Person to Contact: Brad Reed, Project Manager
(Email Address): bradreed@mail.maricopa.gov
Owner's Bid # or Project #: N/A
Date of Completion: May 2014
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Phoenix Fence. Owner's Project Name — Lake Pleasant Automated Gates. Description — Design
and construction of two cantilever automated gates for regulated access control to block off a service road.
Usery Mountain Recreation Area Playground Renovation
3. Company Name: Maricopa County Parks and Recreation Department
Address: 41835 Operations Center Road, Morristown, AZ 85342
Phone Number: 602-506-8675
Facsimile Number: 602-372-8722
Person to Contact: Brad Reed, Project Manager
(Email Address): bradreed@mail.maricopa.gov
Owner's Bid # or Project #: MOO JOC #S015300US0693
Date of Completion: May 2015
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Maricopa County Parks and Recreation. Owner's Project Name— Usery Mountain Recreation Area
Playground Renovation. Description — This project is a "test" project of a new concept for Maricopa County Parks
and Recreation which is replacing traditional playground equipment with fitness and challenge-type equipment. The
project scope consisted of demolition of existing playground equipment and the rubber play surface. New concrete
was poured and outdoor fitness equipment was furnished and installed.
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
Caliente Construction References (Callen te Construction Inc.
Attachment 1 - REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
Maricopa County Playground Improvements
4. Company Name: Maricopa County Parks and Recreation Department
Address: 41835 Operations Center Road, Morristown, AZ 85342
Phone Number: 602-506-8675
Facsimile Number: 602-372-8722
Person to Contact: Brad Reed, Project Manager
(Email Address): bradreed@mail.maricopa.gov
Owner's Bid # or Project #: N/A
Date of Completion: December 2010
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Maricopa County Parks and Recreation. Owner's Project Name — Maricopa County Playground
Improvements. Description — This project included: resurfacing the platforms on existing equipment, replacing
playground equipment and providing new play surfaces at Cave Creek, Estrella, Lake Pleasant, McDowell, Usery and
White Tank Regional Parks.
Lake Pleasant 10-Lane Restrooms
5. Company Name: Maricopa County Parks and Recreation Department
Address: 41835 Operations Center Road, Morristown, AZ 85342
Phone Number: 602-506-8675
Facsimile Number: 602-372-8722
Person to Contact: Brad Reed, Project Manager
(Email Address): bradreed@mail.maricopa.gov
Owner's Bid # or Project #: MCO JOC #SC-14300LP0312
Date of Completion: April 2014
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Maricopa County Parks and Recreation. Owner's Project Name — Lake Pleasant 10-Lane Restrooms.
Description — This project consisted of renovation to the existing men's and women's restroom facility.
Playa Del Norte Park Improvements
6. Company Name: City of Tempe
Address: 31 E. 5th Street, Tempe, AZ 85281
Phone Number: 480-204-4254
Facsimile Number: 480-350-8591
Person to Contact: Scott Balck, Senior Engineering Associate
(Email Address): Scott_Balck@tempe.gov
Owner's Bid # or Project #: N/A
Date of Completion: December 2009
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, City of Tempe. Owner's Project Name— Playa Del Norte Park Improvements. Description — The
project transformed a 2.5-acre retention area into a new park retention area.
ASU Polytechnic Ring Road Landscape
7. Company Name: Arizona State University/EPS Group
Address: 1711 S Rural Road, Tempe, AZ 85281
Phone Number: 480-503-2250
Facsimile Number: N/A
Person to Contact: Tom Snyder
(Email Address): tom.syder@epsgroupinc.com
Owner's Bid # or Project #: MCO JOC #918-11-002 (C-91-10-210-5-00)
Date of Completion: January 2013
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, EPS Group. Owner's Project Name — ASU Polytechnic Ring Road Landscape. Description —ASU
Polytechnic Ring Road landscape project consisted of installation of 8.4 acres of new landscaping around the
realigned two-mile loop road that surrounds the Polytechnic campus.
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
Caliente Construction References Caliente Construction Inc.
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
References for Expedited Completion Project Examples
City of Phoenix Aviation Services JOC-TN4 Restroom Renovations
Section 6 Reference
1. Company Name: City of Phoenix Aviation Design and Construction Services
Address: 500 S. 24th Street, Phoenix, AZ
Phone Number: 602-273-4301
Facsimile Number: 602-683-3715
Person to Contact: Joseph Francis, Project Manager
(Email Address): joseph.francis@phoenix.gov
Owner's Bid # or Project #: Aviation Project No. AV21000075-1
Date of Completion: July 2012
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, Dick & Fritsche Design Group. Owner's Project Name — City of Phoenix Aviation Services JOC-
TN4 Restroom Renovations. Description — Complete demolition and remodel of 1 set each of men's and women's
restrooms in Sky Harbor Terminal 4.
Maricopa County JOG - Maricopa County Public Health Services Vital Record TI
Section 6 Reference
2. Company Name: Maricopa County Facilities Management Department
Address: 401 W. Jefferson Street, Phoenix, AZ 85003
Phone Number: 602-506-0602
Facsimile Number: N/A
Person to Contact: Edward J. Wimmer, AIA, General Project Manager
(Email Address): EdwardWimmer@mail.maricopa.gov
Owner's Bid # or Project #: JOC # 14007-J0C-3A
Date of Completion: March 2012
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction, N/A. Owner's Project Name — Maricopa County JOC - Maricopa County Public Health Services
Vital Record TI. Description — Renovation and reconfiguration of customer service area including minor electrical,
countertops, and addition of transaction windows.
City of Tempe JOC Emergency Water Main Repairs
Section 6 Reference
3. Company Name: City of Tempe
Address: 31 E. 5th Street, Tempe, AZ 85281
Phone Number: 480-350-8855
Facsimile Number: 480-350-8591
Person to Contact: Ken Halloran, Senior Civil Engineer
(Email Address): Kenneth_Halloran@tempe.gov
Owner's Bid # or Project #: N/A
Date of Completion: Two-week duration, 2012
Brief Project Description (Including Partnering Team and Owner's project name): Partnering Team — Caliente
Construction. Owner's Project Name— City of Tempe JOC Emergency Water Main Repairs. Description —
Remove debris, replace base materials, repave, repair concrete curbs and gutters, install valve covers.
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
CFM Mechanical References
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
1. Company Name: Jokake Construction Company
Address: 5013 E Washington St. Suite 100. Phoenix
Phone Number: 602-224-4500
Facsimile Number: 602-667-5500
Person to Contact: Glenn Frey
(Email Address):
Owner's Bid # or Project #: 20-14158-000
Date of Completion: March 2015
Brief Project Description (Including Partnering Team and Owner's project name) . Workiva - SkySong Project
2. Company Name: Stevens Leinweber
Address: 9590 E Ironwood Square Dr. #101. Scottsdale
Phone Number: 602-485-1950
Facsimile Number: 602-953-7333
Person to Contact: Jim Fuller
(Email Address):
Owner's Bid # or Project #: SL6623
Date of Completion: February 2015
Brief Project Description (Including Partnering Team and Owner's project name): Multiple Vanguard Projects
3. Company Name: Southwest Architectural Builders
Address: 3826 N 3rd St. Phoenix
Phone Number: 602-235-9200
Facsimile Number: 602-235-9115
Person to Contact: Frank Sandstedt
(Email Address):
Owner's Bid # or Project #: 414007-1582
Date of Completion: December 2014
Brief Project Description (Including Partnering Team and Owner's project name): NXP Semiconductors
4. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
5. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
Kort an
Kortman Electric References Electr [pc,
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
1. Company Name: Climatec
Address: 2825 W Kathleen Road, Phoenix, AZ 85053
Phone Number: (602) 944-3330
Facsimile Number:(602) 674-1279
Person to Contact: Chad Denmark
(Email Address): chadd@climatec.com
Owner's Bid # or Project #: 01713200-0002- Maricopa County Chambers Building
Date of Completion: April, 2014
Brief Project Description (Including Partnering Team and Owner's project name): Installation of new fire alarm system
2. Company Name: Maricopa County
Address: 401 West Jefferson Street Phoenix, Arizona
Phone Number: (602) 506-0235
Facsimile Number: (602) 506-1556
Person to Contact: John Allen
(Email Address): JohnAllengmail.maricopa.gov
Owner's Bid # or Project #: 4602-12-1314
Date of Completion: June, 2012
Brief Project Description (Including Partnering Team and Owner's project name): Installation of (4) EVSE units at facility.
3. Company Name: Caliente Construction
Address: 485 W. Vaughn Street, Tempe, AZ 85283
Phone Number: (480) 894-5500
Facsimile Number: (480) 894-2323
Person to Contact: Justin Miller
(Email Address): jmiller@calienteconstruction.com
Owner's Bid # or Project #: 14006.0005- MCO Parks Phase 2B Lake Pleasant Ops. Renovation
Date of Completion: March, 2014
Brief Project Description (Including Partnering Team and Owner's project name): Tenant improvement
4. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
5. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
RKS Plumbing References
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of THREE (3) references and or a maximum of five (5) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
1. Company Name: Salt River Project (SRP)
Address: 1521 N. Project Drive, Tempe, AZ
Phone Number: 602-236-8888
Facsimile Number: 602-797-8098
Person to Contact: Frank Cosentino
(Email Address): Frank.Cosentino@srpnet.com
Owner's Bid # or Project #: 388316
Date of Completion: Ongoing
Brief Project Description (Including Partnering Team and Owner's project name): Plumbing JOC, $150,000.
2. Company Name: City of Phoenix Aviation
Address: 3400 E. Sky Harbor Blvd., #3300, Phoenix, AZ 85034
Phone Number: 602-273-4383
Facsimile Number: 602-683-3795
Person to Contact: Wayne Fichtner
(Email Address): wayne.fichtner@phoenix.gov
Owner's Bid # or Project #: N/A
Date of Completion: Ongoing
Brief Project Description (Including Partnering Team and Owner's project name): Plumbing JOC, $200,000.
3. Company Name: City of Phoenix Water Main Replacement — Plumbing
Address: 260 W. Washington, Phoenix, AZ
Phone Number: 602-534-6849
Facsimile Number: 602-495-5843
Person to Contact: Matt Woodland
(Email Address): matthew.woodland@phoenix.gov
Owner's Bid # or Project #: WS85500380
Date of Completion: June 1, 2016
Brief Project Description (Including Partnering Team and Owner's project name): Water services to homes,
JOC. $500,000.
4. Company Name: Tempe SLIPP
Address: City of Tempe, 31 E. 5th Street, Tempe, AZ 85281
Phone Number: 480-350-8250
Facsimile Number: 480-350-8591
Person to Contact: Wendy Springborn
(Email Address): wendy_springborn@tempe.gov
Owner's Bid # or Project #: T12-029-01
Date of Completion: Ongoing
Brief Project Description (Including Partnering Team and Owner's project name): Water and sewer services
to homes, $450,000.
5. Company Name: Skyline Builders
Address: 2401 N. 24th Avenue, Phoenix, AZ 85009
Phone Number: 602-404-0842
Facsimile Number: 602-404-0843
Person to Contact: Mike Lee
(Email Address): mike@azsbr.com
Owner's Bid # or Project #: N/A
Date of Completion: Ongoing
Brief Project Description (Including Partnering Team and Owner's project name): Miscellaneous plumbing
and mechanical services JOC.
Request For Qualifications Page 20
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
Attachment F
Attachment H
Collusion Affidav t
Attachment 5- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
COUNTY OF MAR1COPA
Lorraine Bergman being first duly sworn deposes and says:
That he is President/CEO of Caliente Construction, Inc.
(Title) (Name of Business)
bidding on 15051 -JOC for the construction of Job Order Contractors for Parks and Recreation in the County of
Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business,
has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other
act in restraintof trade or comm,erce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
(Signature of Affian
Subscribed and sworn to before me this 28th day of May , 20 15
My Commission Expires: October 26, 2016
(Notary Public)
CHEYENNE AUTUMN WHIPPLE
Notary Public - Arizona
Maricopa County
y Comm, Expires Oct 26, 2
NIL
Request For Ouallfications Page 27
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC
Caliente
Construction Inc.
Caliente Construction Inc.
485 W. Vaughn Street
Tempe, Arizona 85283
T. 480.894.5500
F. 480.894.2323
-- 1 .
Accww, DATE (MM/DD/YYTY)
CERTIFICATE OF LIABILITY INSURANCE
41.------ 7/8/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: Certificates
INSURICA / Minard-Ames Insurance Services LLC PHONE 602-273-1625 FAX 602-273-0212
4646 E. Van Buren, Ste. #200 (A/C, No Ext). (A/C No).
E-MAIL certs@INSURICA.com
Phoenix AZ 85008 ADDRESS
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :Cincinnati Insurance Companies 10677
INSURED CALICONO2C INSURER 0 :Navigators Insurance Company 42307
Caliente Construction, Inc. INSURER C :The Cincinnati Casualty Company 28665
485 W Vaughn Street INSURER D :Hanover Insurance Company 22292
Tempe AZ 85283
INSURER E :Great American E&S Ins. Co. 37532
INSURER F: State Compensation Insurance Fund (
281403904 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDITYYY) (MM/DD/YYTY)
A x COMMERCIAL GENERAL LIABILITY Y Y CPP1093935 10/1/2014 10/1/2015 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $1,000,000
X $5,000 PD Ded MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
Fra.
POLICY X LOC PRODUCTS - COMP/OP AGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y Y CPA1093935 10/1/2014 10/1/2015 COMBINED (Ea accident) SINGLE LIMIT $1 ,000,000
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X HIRED AUTOS hl AUTOS NON-O NON-OWNED PROPERTY (Per accident) DAMAGE $
$
B UMBRELLA LIAB _ X OCCUR Y Y LA13EXC7935261V 10/1/2014 10/1/2015 EACH OCCURRENCE $10,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED RETENTION $ $
C WORKERS COMPENSATION y WC2128009 10/1/2014 10/1/2015 X PER OTH- ER
F AND EMPLOYERS' LIABILITY Y / N 911394414 - CA 10/1/2014 10/1/2015
ANY PROPRIETOR/PARTNER/EXECUTIVE N N IA EL. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000
If DESCRIPTION yes, describe under OF OPERATIONS below EL. DISEASE - POLICY LIMIT $1,000,000
,D ***Builders Risk - see below IH4A10982800 10/1/2014 10/1/2015 Builders Risk Limit **$15,000,000
ProfessionarPollution Liab PCE190316301 6/12/2015 6/12/2016 Prof-Claims Made/Agg $1M / $2M
Self Insd Retention: $25,000 Pollution SEE BELOW
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
*"Builders Risk: Temporary Loc/Transit - Limit: $250,000 / Includes Quake/Flood - Limit: $5,000,000 — Ded: $25,000. **Builders Risk
Sublimits — Frame Construction: $5,000,000; Joisted Masonry Construction: $7,500,000; Noncombustible Construction: $15,000,000; All
Other Types of Construction: $15,000,000. "**Failure by the insured to report builders risk on a monthly basis may Void coverage.
*POLLUTION LIABILITY LIMITS - Includes Mold Coverage: Each Pollution Condition: $5,000,000; Coverage Aggregate Limit: $10,000,000 —
Self-Insured Retention: $10,000. Certificate Holder is defined as additional insured with respects to the general, auto and excess/umbrella
liability if required or agreed to in a written contract subject to all provisions and limitations of the policy. General Liability coverage is
See Attached...
C TE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County Parks & Recreational Department ACCORDANCE WITH THE POLICY PROVISIONS.
234 N. Central Ave #6400
Phoenix AZ 85004 AUTHORIZED REPRESENTATIVE
I
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: CALICONO2C
LOC #:
ACCPREA ADDITIONAL REMARKS SCHEDULE Page1 of 1
AGENCY NAMED INSURED
INSURICA / Minard-Ames Insurance Services LLC Caliente Construction, Inc.
485 W Vaughn Street
POLICY NUMBER Tempe AZ 85283
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
primary and non-contributory. A Waiver of subrogation in favor of Certificate Holder applies to the general, auto and excess liability and
employers liability/workers compensation if required or agreed to in a written contract subject to all provisions and limitation of the policy. Per
attached forms: GA233AZ 09/09; GA4316AZ 09/09; AA4171 11/05; GA4094 10/01; AA4172 09/09; WC000313.
MCO Job Order Contract for Park and Recreation Serial #15051-JOC Contract#15051-JOC
RE: Any and all projects
Additional Insured- Maricopa County Parks and Recreational Department
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
'Policy No: CPP1093935 I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Page:
1. Employee Benefit Liability Coverage 2
2. Unintentional Failure to Disclose Hazards 7
3. Damage to Premises Rented to You 8
4. Supplementary Payments 9
5. Medical Payments 9
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.) 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations 10
8. Waiver of Subrogation 10
9. Automatic Additional Insured - Specified Relationships: 10
• Managers or Lessors of Premises;
• Lessor of Leased Equipment;
• Vendors;
• State or Political Subdivisions - Permits Relating to Premises;
• State or Political Subdivisions - Permits; and
• Contractors' Operations
10. Broadened Contractual Liability-Work Within 50' of Railroad Property 13
11. Property Damage to Borrowed Equipment 13
12. Employees as Insureds - Specified Health Care Services: 14
• Nurses;
• Emergency Medical Technicians; and
• Paramedics
13. Broadened Notice of Occurrence 14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: $ 3,000,000
Deductible: $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: 350
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 1 of 14
b. Deductible Clause 9. Automatic Additional Insured - Speci-
fied Relationships
(1) Our obligation to pay damages
on your behalf applies only to a. The following is hereby added to
the amount of damages for each SECTION II - WHO IS AN INSURED:
"occurrence" which are in ex-
cess of the deductible amount (1) Any person or organization de-
stated in Section B. Limits of scribed in Paragraph 9.a.(2)
Insurance, 6. Voluntary Prop- below (hereinafter referred to as
erty Damage and Care, Cus- additional insured) whom you
tody or Control Liability Cov- are required to add as an addi-
erage of this endorsement. The tional insured under this Cover-
limits of insurance will not be re- age Part by reason of:
duced by the application of such (a) A written contract or
deductible amount. agreement; or
(2) Condition 2. Duties in the Event (b) An oral agreement or con-
of Occurrence, Offense, Claim tract where a certificate of
or Suit, applies to each claim or insurance showing that per-
"suit" irrespective of the amount. son or organization as an
(3) We may pay any part or all of additional insured has been
the deductible amount to effect issued,
settlement of any claim or "suit" is an insured, provided:
and, upon notification of the ac-
tion taken, you shall promptly (a) The written or oral contract
reimburse us for such part of the or agreement is:
deductible amount as has been
paid by us. 1) Currently in effect or
becomes effective
7. 180 Day Coverage for Newly Formed or during the policy pe-
Acquired Organizations riod; and
SECTION II - WHO IS AN INSURED is 2) Executed prior to an
amended as follows: "occurrence" or offense
to which this insurance
Subparagraph a. of Paragraph 4. is would apply; and
hereby deleted and replaced by the fol-
lowing: (b) They are not specifically
named as an additional in-
a. Insurance under this provision is af- sured under any other pro-
forded only until the 180th day after vision of, or endorsement
you acquire or form the organization added to, this Coverage
or the end of the policy period, Part.
whichever is earlier;
(2) Only the following persons or
Waiver of Subrogation organizations are additional in-
SECTION IV - COMMERCIAL GENERAL sureds under this endorsement,
LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro-
Rights of Recovery Against Others to vided to such additional in-
Us is hereby amended by the addition of sureds is limited as provided
the following: herein:
We waive any right of recovery we may (a) The manager or lessor of a
have because of payments we make for premises leased to you with
injury or damage arising out of your on- whom you have agreed per
going operations or "your work" done un- Paragraph 9.a.(1) above to
der a written contract requiring such provide insurance, but only
waiver with that person or organization with respect to liability aris-
and included in the "products-completed ing out of the ownership,
operations hazard". However, our rights maintenance or use of that
may only be waived prior to the "occur- part of a premises leased to
rence" giving rise to the injury or damage you, subject to the following
for which we make payment under this additional exclusions:
Coverage Part. The insured must do This insurance does not
nothing after a loss to impair our rights. At apply to:
our request, the insured will bring "suit" or
transfer those rights to us and help us 1) Any "occurrence"
enforce those rights. which takes place after
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 10 of 14
you cease to be a ten- c) Any physical or
ant in that premises. chemical change
in the product
2) Structural alterations, made intentionally
new construction or by the vendor;
demolition operations
performed by or on be- d) Repackaging, un-
half of such additional less unpacked
insured. solely for the pur-
pose of inspection,
(b) Any person or organization demonstration,
from which you lease testing, or the
equipment with whom you substitution of
have agreed per Paragraph parts under in-
9.a.(1) above to provide in- structions from the
surance. Such person(s) or manufacturer, and
organization(s) are insureds then repackaged
solely with respect to their in the original
liability arising out of the container;
maintenance, operation or
use by you of equipment e) Any failure to
leased to you by such per- make such in-
son(s) or organization(s). spections, adjust-
However, this insurance ments, tests or
does not apply to any "oc- servicing as the
currence" which takes place vendor has
after the equipment lease agreed to make or
expires. normally under-
takes to make in
(c) Any person or organization the usual course
(referred to below as ven- of business, in
dor) with whom you have connection with
agreed per Paragraph the distribution or
9.a.(1) above to provide in- sale of the prod-
surance, but only with re- ucts;
spect to "bodily injury" or
"property damage" arising f) Demonstration, in-
out of "your products" which stallation, servic-
are distributed or sold in the ing or repair op-
regular course of the ven- erations, except
dor's business, subject to such operations
the following additional ex- performed at the
clusions: vendor's premises
in connection with
1) The insurance afforded the sale of the
the vendor does not product;
apply to:
g) Products which,
a) "Bodily injury" or after distribution or
"property damage" sale by you, have
for which the ven- been labeled or
dor is obligated to relabeled or used
pay damages by as a container,
reason of the as- part or ingredient
sumption of liabil- of any other thing
ity in a contract or or substance by or
agreement. This for the vendor.
exclusion does not
apply to liability for 2) This insurance does
damages that the not apply to any in-
vendor would sured person or or-
have in the ab- ganization:
sence of the con-
tract or agree- a) From whom you
ment; have acquired
such products, or
b) Any express war- any ingredient,
ranty unauthorized part or container,
by you; entering into, ac-
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 11 of 14
cornpanying or 2) This insurance does
containing such not apply to "bodily in-
products; or jury", "property dam-
age" or "personal and
b) When liability in- advertising injury" aris-
cluded within the ing out of operations
"products- performed for the state
completed opera- or political subdivision.
tions hazard" has
been excluded (f) Any person or organization
under this Cover- with which you have agreed
age Part with re- per Paragraph 9.a.(1)
spect to such above to provide insurance,
products. but only with respect to li-
ability caused, in whole or in
(d) Any state or political subdi- part, by your ongoing op-
vision with which you have erations performed for that
agreed per Paragraph additional insured by you or
9.a.(1) above to provide in- on your behalf. A person or
surance, subject to the fol- organization's status as an
lowing additional provision: insured under this provision
This insurance applies only of this endorsement ends
with respect to the following when your operations for
hazards for which the state that insured are completed.
or political subdivision has (3) Any insurance provided to an
issued a permit in connec- additional insured designated
tion with premises you own, under Paragraph 9.a.(2):
rent or control and to which
this insurance applies: (a) Subparagraphs (e) and (f)
does not apply to "bodily
1) The existence, mainte- injury" or "property damage"
nance, repair, con- included within the "prod-
struction, erection, or ucts-completed operations
removal of advertising hazard";
signs, awnings, cano-
pies, cellar entrances, (b) Subparagraphs (a), (b), (d)
coal holes, driveways, and (e) does not apply to
manholes, marquees, "bodily injury", "property
hoist away openings, damage" or "personal and
sidewalk vaults, street advertising injury" arising
banners, or decora- out of the sole negligence
tions and similar expo- or willful misconduct of the
sures; or additional insured or their
agents, "employees" or any
2) The construction, erec- other representative of the
tion, or removal of ele- additional insured; or
vators; or
(c) Subparagraph (f) does not
3) The ownership, main- apply to "bodily injury",
tenance, or use of any "property damage" or "per-
elevators covered by sonal and advertising injury"
this insurance. arising out of:
(e) Any state or political subdi- 1) The rendering of or
vision with which you have failure to render any
agreed per Paragraph professional services
9.a.(1) above to provide in- by you or on your be-
surance, subject to the fol- half, but only with re-
lowing provisions: spect to either or both
1) This insurance applies of the following opera-
only with respect to op- tions:
erations performed by a) Providing engi-
you or on your behalf neering, architec-
for which the state or tural or surveying
political subdivision has services to others;
issued a permit. and
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 12 of 14
b) Providing or hiring plicable to the additional insured are
independent pro- those specified in the Declarations of
fessionals to pro- this Coverage Part. The limits of in-
vide engineering, surance are inclusive of and not in
architectural or addition to the limits of insurance
surveying services shown in the Declarations.
in connection with c. SECTION IV - COMMERCIAL GEN-
the construction ERAL LIABILITY CONDITIONS, 5.
work you perform. Other Insurance is hereby amended
Subject to the final as follows:
paragraph of this ex- Any insurance provided by this en-
clusion below, profes- dorsement shall be primary to other
sional services include: insurance available to the additional
insured except:
a) Preparing, ap-
proving or failing (1) As otherwise provided in SEC-
to prepare or ap- TION IV - COMMERCIAL GEN-
prove, maps, shop ERAL LIABILITY CONDITIONS,
drawings, opin- 5. Other Insurance, b. Excess
ions, reports, sur- Insurance; or
veys, field orders,
change orders or (2) For any other valid and collecti-
drawings and ble insurance available to the
specifications; and additional insured as an addi-
tional insured by attachment of
b) Supervisory or in- an endorsement to another in-
spection activities surance policy that is written on
performed as a an excess basis. In such case,
part of any archi- the coverage provided under
tectural or engi- this endorsement shall also be
neering activities. excess.
Professional services 10. Broadened Contractual Liability - Work
do not include services Within 50' of Railroad Property
within construction It is hereby agreed that Paragraph f.(1) of
means, methods, tech- Definition 12. "Insured contract" (SEC-
niques, sequences and TION V - DEFINITIONS) is deleted.
procedures employed
by you in connection 11, Property Damage to Borrowed Equip-
with construction work ment
you perform. a. The following is hereby added to Ex-
2) "Your work" for which a clusion j. Damage to Property of
consolidated (wrap-up) Paragraph 2., Exclusions of SEC-
insurance program has TION I - COVERAGES, COVERAGE
been provided by the A. BODILY INJURY AND PROP-
prime contractor- ERTY DAMAGE LIABILITY:
project manager or Paragraphs (3) and (4) of this exclu-
owner of the construc- sion do not apply to tools or equip-
tion project in which ment loaned to you, provided they
you are involved. are not being used to perform opera-
b. Only with regard to insurance pro- tions at the time of loss.
vided to an additional insured desig- b. With respect to the insurance pro-
nated under Paragraph 9.a.(2) Sub- vided by this section of the en-
paragraph (f) above, SECTION III - dorsement, the following additional
LIMITS OF INSURANCE is amended provisions apply:
to include:
The limits applicable to the additional (1) The Limits of insurance shown
insured are those specified in the in the Declarations are replaced
written contract or agreement or in by the limits designated in Sec-
the Declarations of this Coverage tion B. Limits of Insurance, 11.
Part, whichever are less. If no limits of this endorsement with respect
are specified in the written contract to coverage provided by this
or agreement, or if there is no written endorsement. These limits are
contract or agreement, the limits ap- inclusive of and not in addition to
the limits being replaced. The
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 13 of 14
Limits of Insurance shown in 12. Employees as Insureds - Specified
Section B. Limits of Insurance, Health Care Services
11. of this endorsement fix the
most we will pay in any one "oc- It is hereby agreed that Paragraph
currence" regardless of the 2.a.(1)(d) of SECTION II - WHO IS AN
number of: INSURED, does not apply to your "em-
ployees" who provide professional health
(a) Insureds; care services on your behalf as duly li-
censed:
(b) Claims made or "suits"
brought; or a. Nurses;
(c) Persons or organizations b. Emergency Medical Technicians; or
making claims or bring
"suits". C. Paramedics,
(2) Deductible Clause in the jurisdiction where an "occurrence"
or offense to which this insurance applies
(a) Our obligation to pay dam- takes place.
ages on your behalf applies
only to the amount of dam- 13. Broadened Notice of Occurrence
ages for each "occurrence" Paragraph a. of Condition 2. Duties in
which are in excess of the the Event of Occurrence, Offense,
Deductible amount stated in Claim or Suit (SECTION IV - COMMER-
Section B. Limits of Insur- CIAL GENERAL LIABILITY CONDI-
ance, 11. of this endorse- TIONS) is hereby deleted and replaced
ment. The limits of insur- by the following:
ance will not be reduced by
the application of such De- a. You must see to it that we are noti-
ductible amount. fied as soon as practicable of an
"occurrence" or an offense which
(b) Condition 2. Duties in the may result in a claim. To the extent
Event of Occurrence, Of- possible, notice should include:
fense, Claim or Suit, ap-
plies to each claim or "suit" (1) How, when and where the "oc-
irrespective of the amount. currence" or offense took place;
(c) We may pay any part or all (2) The names and addresses of
of the deductible amount to any injured persons and wit-
effect settlement of any nesses; and
claim or "suit" and, upon
notification of the action (3) The nature and location of any
taken, you shall promptly injury or damage arising out of
reimburse us for such part the "occurrence" or offense.
of the deductible amount as This requirement applies only when
has been paid by us. the "occurrence" or offense is known
to an "authorized representative".
Includes copyrighted material of Insurance
GA 233 AZ 09 09 Services Office, Inc., with its permission. Page 14 of 14
I Policy No: CPP1093935 I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARIZONA AUTOMATIC ADDITIONAL INSURED - WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION II - WHO IS AN INSURED, 2. is elusions of SECTION I - COVERAGES,
amended to include: COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, this insur-
e. Any person or organization, hereinafter ance does not apply to "bodily injury" or
referred to as Additional Insured: "property damage" arising out of:
(1) Who or which is not specifically 1. The rendering of or failure to render any
named as an additional insured un- professional services by you or on your
der any other provision of, or en- behalf, but only with respect to either or
dorsement added to, this Coverage both of the following operations:
Part; and
a. Providing engineering, architectural
(2) For whom you are required to add as or surveying services to others; and
an additional insured, except any ar-
chitect, engineer or surveyor, on a b. Providing or hiring independent pro-
completed operations basis on this fessionals to provide engineering,
Coverage Part architectural or surveying services in
connection with the construction
under a written contract or written agree- work you perform.
ment:
Subject to the final paragraph of this ex-
(1) But only with respect to liability clusion below, professional services in-
caused, in whole or in part, by "your clude:
work" performed for that additional
insured by you or on your behalf; a. Preparing, approving or failing to
and prepare or approve, maps, shop
drawings, opinions, reports, surveys,
(2) If the written contract or written field orders, change orders, or
agreement specifies coverage for drawings and specifications; and
the additional insured in the "prod-
ucts-completed operation hazard". b. Supervisory or inspection activities
performed as a part of any architec-
With respect to the person(s) or organiza- tural or engineering activities.
tion(s) referenced in Paragraph A.2.e. above,
their status as an additional insured under this Professional services do not include
endorsement will not apply beyond the period services within construction means,
of time required in that written construction methods, techniques, sequences and
contract or agreement referred to in Para- procedures employed by you in connec-
graph A.2.e. above. If that written construction tion with construction work you perform.
contract or agreement does not specify a pe-
riod of time, this coverage will not apply be- 2. "Your work" for which a consolidated
yond 1 year from the completion of "your (wrap-up) insurance program has been
work" where the work that caused the "bodily provided by the prime contractor / project
injury" or "property damage" occurred. "Your manager or owner of the construction
work" will be deemed completed as specified project in which you are involved.
in Paragraph a.(2) of SECTION V - DEFINI- 3. "Bodily injury" or "property damage" aris-
TIONS, 19. "Products-completed operations ing out of "residential construction".
hazard".
B. With respect to the additional insureds refer-
enced in Paragraph A.2.e. above, the follow-
ing exclusion is added to Paragraph 2. Ex-
Includes copyrighted material of ISO
GA 4316 AZ 09 09 Properties, Inc., with its permission. Page 1 of 2
C. SECTION III - LIMITS OF INSURANCE is noncontributing, whichever applies, with
amended to include: this insurance.
The limits of insurance available to the addi- 2. Any insurance provided by this endorse-
tional insured(s) will not exceed: ment shall be primary to other insurance
available to the additional insured except:
I. Those limits specified in the written con-
struction contract or agreement referred a. As otherwise provided in SECTION
to in Paragraph A.2.e. above; or IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS, 5. Other In-
2. The Limits of Insurance specified in the surance, b. Excess Insurance; or
Declarations of this Coverage Part;
b. When other valid and collectible in-
whichever are less. If no limits are specified in surance is available to the additional
that written construction contract or agree- insured:
ment, the limits available to the additional in-
sured(s) will not exceed the Limits of Insur- (1) As an additional insured by at-
ance specified in the Declarations of this Cov- tachment of an endorsement to
erage Part, The limits of insurance available to another insurance policy; and
the additional insured(s) are inclusive of and
not in addition to the Limits of Insurance (2) On an excess basis.
shown in the Declarations. In such case the coverage provided
D. SECTION IV - COMMERCIAL GENERAL LI- under this endorsement shall also be
ABILITY CONDITIONS is amended to include excess.
the following: F. SECTION V - DEFINITIONS is amended to
AUTOMATIC ADDITIONAL INSURED PRO- include:
VISION 1 "Residential construction" means:
The written construction contract or agree- a. A structure where any of the struc-
ment referred to in Paragraph A.2.e. above ture's square foot area is used, or is
must: intended, for the purpose of human
1. Be currently in effect or become effective habitation and includes, but is not
during the term of this Coverage Part; limited to, single-family housing,
and multi-family housing, apartments,
condominiums, townhouses, and
2. Have been executed prior to the "bodily similar structures intended for human
injury" or "property damage" to which this habitation; and
endorsement pertains.
b. Common areas and appurtenant
E. SECTION IV - COMMERCIAL GENERAL LI- structures of those structures listed
ABILITY CONDITIONS, 5. Other Insurance, in Paragraph 1.a. above.
b. Excess Insurance is amended to include
the following: "Residential construction" does not in-
clude:
1. Where required by the written construc-
tion contract or agreement referred to in a, Hospitals or prisons; and
Paragraph A.2.e. above, this insurance is b. Military housing, dormitories, long-
primary and / or noncontributory as re- term care facilities, hotels or motels,
spects any other insurance policy issued provided there is no individual own-
to the additional insured, and such other ership of units.
insurance policy shall be excess and / or
Includes copyrighted material of ISO
GA 4316 AZ 09 09 Properties, Inc., with its permission. Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 10/01/14 - 10/01/15 Policy Number: CPA1093935
Named Insured:
Caliente Construction, Inc.
Countersigned by:
(Authorized Representative)
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SECTION II • LIABILITY COVERAGE, A. Cover-
age, I. Who is an Insured is amended to include
as an insured any person or organization with
which you have agreed in a valid written contract
to provide insurance as is afforded by this policy.
This provision is limited to the scope of the valid
written contract.
This provision does not apply unless the valid
written contract has been executed prior to the
"bodily injury" or "property damage".
AA 4171 11 05
Policy No: CPP1093935
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY / NONCONTRIBUTORY AMENDMENT OF
CONDITIONS FOR DESIGNATED ADDITIONAL
INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured):
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED IN WRITTEN CONTRACT TO ADD AS AN
ADDITIONAL INSURED ON A PRIMARY AND NONCONTRIBUTORY BASIS
With respect to insurance provided the additional When this insurance is excess over any
insured shown in the Schedule, SECTION IV - other insurance, we will pay only our
COMMERCIAL GENERAL LIABILITY CONDI- share of the amount of the loss, if any,
TIONS, 5. Other Insurance is deleted in its en- that exceeds the sum of:
tirety and replaced by the following:
The total amount that all such other
5. Other Insurance insurance would pay for the loss in
the absence of this insurance; and
If other valid and collectible insurance is
available to the additional insured for a loss (2) The total of all deductible and self-
we cover under Coverages A or B of this insured amounts under all that other
Coverage Part, our obligations are limited as insurance.
follows:
We will share the remaining loss, if any,
a. Primary Insurance with any other insurance that was not
bought specifically to apply in excess of
Where required by a written contract, this the Limits of Insurance shown in the
insurance is primary and noncontributory Declarations of this Coverage Part.
as respects any other insurance policy
issued to the additional insured. Other- c. Method of Sharing
wise, b. below applies.
If all of the other insurance permits con-
b. Excess Insurance tribution by equal shares, we will follow
this method also. Under this approach
This insurance is excess over any of the each insurer contributes equal amounts
other insurance available to the additional until it has paid its applicable limit of in-
insured whether primary, excess, contin- surance or none of the loss remains,
gent or on any other basis. whichever comes first
When this insurance is excess, we will If any of the other insurance does not
have no duty under Coverages A or B to permit contribution by equal shares, we
defend any claim or "suit" that any other will contribute by limits. Under this
insurer has a duty to defend. If no other method, each insurer's share is based on
insurer defends, we will undertake to do the ratio of its applicable limit of insurance
so, but we will be entitled to the insured's to the total applicable limits of insurance
rights against all those other insurers. of all insurers.
GA 4094 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION - AUTO
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indi-
cated below.
Endorsement Effective: 10101114 - 10101/15 Policy Number: CPP1093931
Named Insured:
Cal ente Construction, Inc.
Countersigned by:
(Authorized Representative)
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or
"property damage" arising out of the operation
SECTION IV - BUSINESS AUTO CONDI- of a covered "auto" when you have assumed
TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property
Rights of Recovery Against Others to Us is damage" under an "insured contract', pro-
amended by the addition of the following: vided the "bodily injury" or "property damage"
We waive any right of recovery we may have occurs subsequent to the execution of the "in-
against any person or organization because sured contract".
AA 4172 09 09
!Policy No: WC2128009
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to
the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
BLANKET WAIVER OF SUBROGATION
IF YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT,
WHICH IS EXECUTED BEFORE A LOSS, TO WAIVE YOUR RIGHTS OF
RECOVERY FROM OTHERS, WE AGREE TO WAIVE OUR RIGHTS OF
RECOVERY.
THIS WAIVER OF RIGHTS APPLIES TO ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO
FURNISH THIS WAIVER, BUT SHALL NOT BE CONSTRUED TO BE A
WAIVER WITH RESPECT TO ANY OTHER OPERATIONS IN WHICH THE
INSURED HAS NO CONTRACTUAL INTEREST.
This endorsement changes the policy to which it is attached and is effective on the date issued unless other-
wise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured
Premium $ Incl .
Insurance Company CINCINNATI INSURANCE COMPANY
Countersigned by
WC 00 03 13
0 1983 National Council on Compensation Insurance.
JOB ORDER CONTRACTOR (JOC) REQUIREMENTS
MARICOPA COUNTY, ARIZONA
Job Order Contractor for Parks and Recreations
Office of Procurement Services
Maricopa County Parks and Recreation Department, Maricopa County Arizona
Table of Contents Page #
Section 01 00 00 - Site Use and Security Requirements 3
Section 01 06 00 - Special Conditions 5
Section 01 11 00 - Summary of Work 8
Section 01 24 13 - Value Engineering Procedures 12
Section 01 25 00 - Substitution Procedures 13
Section 01 26 13 Requests For Interpretation 16
Section 01 26 63 - Task Order Modification Procedure . 19
Section 01 29 73 - Schedule of Values 21
Section 01 29 76 - Progress Payment Procedures 22
Section 01 31 19 - Project Meetings 24
Section 01 32 16 - Construction Progress Schedule 25
Section 01 33 00 - *** Submittals *** 34
Section 01 33 23 - Shop Drawings, Product Data and Samples 37
Section 01 33 33 - *** Deferred Permit - Submittals *** 41
Section 01 35 43 - Environmental Procedures (Sustainable Design Projects) 42
Section 01 42 00 - References 46
Section 01 42 15 — Terminology 53
Section 01 45 00 - *** Quality Control *** 61
Section 01 45 29 - *** Testing Laboratory Services *** 62
Section 01 50 00 - Temporary Facilities and Controls 64
Section 01 57 13 - ***Temporary Erosion and Sediment Control *** 69
Section 01 60 00 - *** Product Requirements *** 70
Section 01 70 00 - Closeout Requirements 74
Section 01 71 23 - *** Field Engineering *** 76
Section 01 73 29 - Cutting and Patching 77
Section 01 74 00 - *** Cleaning *** 79
Section 01 74 19 - *** Construction Waste Management and Disposal *** 81
Section 01 77 00 - *** Closeout Procedures - IAQ *** 86
Section 01 78 36— Warranties 88
Section 01 78 39 - *** Project As-Built and Record Documents * 89
Section 01 78 43 - *** Spare Parts and Maintenance Materials *** 93
Section 01 79 00 - *** Equipment Demonstration and Owner Personnel Instruction *** 94
Section 01 81 13 - *** Sustainable Design Requirements *** 96
Section 01 91 13 - *** General Commissioning Requirements *** 102
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
DIVISION 01- GENERAL REQUIREMENTS FOR JOB ORDER CONTRACTS
SECTION TITLE1 No. of Pages
01 00 00 Site Use and Security Requirements 2
01 06 00 Special Conditions 3
01 11 00 Summary of Work 4
01 24 13 Value Engineering Procedures 1
01 25 00 Substitution Procedures 3
01 26 13 Requests for Interpretation 3
01 26 63 Task Order Modification Procedure 2
01 29 73 Schedule of Values 1
01 29 76 Progress Payment Procedures 2
01 31 19 Project Meetings 1
01 32 16 Construction Progress Schedule 9
01 33 00 Submittals 3
01 33 23 Shop Drawings, Product Data and Samples 4
01 33 33 Deferred Permit Submittals 1
01 35 43 Environmental Procedures 4
01 42 00 References 7
01 42 15 Terminology 8
01 45 00 Quality Control 1
01 45 29 Testing Laboratory Services 2
01 50 00 Temporary Facilities and Controls 5
01 57 13 Temporary Erosion and Sediment Control 1
01 60 00 Product Requirements 4
01 70 00 Closeout Requirements 2
01 71 23 Field Engineering 1
01 73 29 Cutting and Patching 2
01 74 00 Cleaning 2
01 74 19 Construction Waste Management and Disposal 5
01 77 00 Closeout Procedures - IAQ 2
01 78 36 Warranties 1
01 78 39 Project As-Built and Record Documents 4
01 78 43 Spare Parts and Maintenance Materials 1
01 79 00 Equipment Demonstration and Owner Personnel Instruction 2
01 81 13 Sustainable Design Requirements 6
01 91 13 General Commissioning Requirements 7
1 *** In the text indicates an item which the Architect on a particular Project may want to adjust for that Project
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 00 00
SITE USE AND SECURITY REQUIREMENTS
PART 1 GENERAL
1.1 Construction Site
1.1.1 Safety and security must be maintained at all times, on the Construction Site and lay down
areas. It is the Job Order Contractor's responsibility to coordinate construction activities that may
affect County operations or any surrounding business. A twenty-four (24) hour advance written
notice shall be given to the Owner or Owner's Representative for any activities or conditions that
may affect operations, personnel, or clients.
1.1.2 The Construction Site is the area to be enclosed within temporary construction fences erected by
the Job Order Contractor to separate and secure the construction activities from the Public.
1.1.3 Access to Construction Site shall be provided in accordance with requirements in Section
01 50 00 — Temporary Facilities and Controls.
1.1.4 Internal security for remodeling shall be provided.***
1.1.5 Job Order Contractor is responsible for hiring a private utility locator to identify all underground
utilities in the site.
PART 2 FACILITY ENTRY/EXIT REQUIREMENTS
2.1 Access for County business must be maintained. ***
2.2 Weapons, drugs and alcohol cannot be brought onto County property or the Construction Site.
2.3 Safety and security for all tools, equipment and stored or in-place materials on the site are the
responsibility of the Job Order Contractor. The owner assumes no liability for loss or damage to tools or
equipment.
2.4 Job Order Contractor must immediately report any major losses or major unexplained damages to
equipment to the Owner or Owner's Representative.
2.5 Job Order Contractor and construction personnel shall not talk to or interact with the media for any reason
without prior written approval for the Owner or Owner's Representative.
2.6 The County reserves the right to inspect lunch boxes, toolboxes, clothing and equipment of any and all
construction personnel permitted into existing secured areas.
2.7 The County reserves the right to require immediate removal of any worker or employee from areas
deemed to be considered secure in nature.
2.8 The work hours at the site will be agreed upon by the JOB ORDER CONTRACTOR and Owner.
PART 3 SITE LIGHTING
3.1 The Job Order Contractor shall provide adequate security lighting for the ground floor of the Construction
Site throughout the evening and nighttime non-work hours. ***
PART 4 DISRUPTIONS TO ELECTRICAL SERVICE
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
4.1 Electrical service shall be provided in accordance with Section 01 50 00 — Temporary Facilities and
Controls
4.2 The Owner or Owner's Representative must have at least twenty-one (21) days advance written notice
prior to the electricity being shut off to any area outside of the construction site. At the discretion of the
Owner or Owner's Representative, more notice may be required.
4.3 The length of time electricity is off is to be coordinated with the Owner or Owner's Representative and
kept to the absolute minimum.
PART 5 EXCAVATIONS
5.1 The Owner or Owner's Representative must have a minimum of five (5) working days advance written
notice prior to any excavation.
5.2 Prior to any excavation, the specific location of all known underground utilities shall be marked.
5.3 Job Order Contractor is responsible for the location of all known utilities, on-site and off-site in the
location of any excavation.
5.4 The Job Order Contractor shall be fully aware of the location of all known shut-off valves, and switches
prior to commencing excavation.
5.5 All excavations must be properly marked and barricaded during daylight hours and adequately
illuminated, barricaded, and marked during the hours of darkness. All excavations within City rights of
way must comply with requirements of the City in which the excavation is located.
5.6 Based on security and safety issues, more stringent controls may be implemented; however, the JOB
ORDER CONTRACTOR will be advised prior to revisions to this Section.
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 06 00
SPECIAL CONDITIONS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
1.1.1 Drawings and general provisions of the Contract, including General Conditions and Division 1
Specification Sections, apply to this Section.
1.2 GOOD REPAIR
1.2.1 Definition: Good repair as defmed in General Conditions shall be extended to include:
1.2.1.1 Site and Drainage Work
1.2.1.2 Trench Conditions
1.2.1.3 Landscaping Improvements
1.2.1.4 Environmental/Process Applications of Work
1.2.2 If in opinion of Owner, deterioration has taken place, the Owner or Owner's Representative shall
notify the Job Order Contractor and his surety of said matter. If the Job Order Contractor does not
proceed to remedy such matters called to his attention by written notice within five (5) days of
notice, the Owner shall have sufficient cause to correct matters requiring repairs as the Owner
deems best, and entire cost shall be paid by Job Order Contractor and surety.
1.3 SITE MAINTENANCE
1.3.1 Maintain in good repair temporary structures, fences, barricades and related items.
1.3.2 Keep site clean of debris, rubble and paper. Store and stockpile materials in an orderly
manner and protect against damage.
1.4 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE
1.4.1 No Charge Documents: The Owner or Owner's Representative will furnish to Job Order
Contractor Contract Documents upon request and as appropriate.
1.5 TESTING
1.5.1 The Owner will engage a qualified independent testing agency to perform quality-control
testing normally required for Divisions 02, 03, 04 and 05. ***
1.5.1.1 Payment of these services will be made by the Owner.
1.5.1.2 Retesting of materials failing to meet the specified requirements shall be done at the
Job Order Contractor's expense.
1.5.2 Other Testing: Unless specifically stated otherwise in individual sections of specifications or
drawings, required testing, testing procedures, reports, certificates, and costs associated
with all phases of securing required satisfactory test information which may be required by
individual sections of specifications or drawings are the full responsibility of the Job Order
Contractor. ***
1.5.3 Fuel costs for startup and testing of the emergency generator shall be included in the Job
Order Contactor's construction cost. ***
1.6 START-UP AND DEMONSTRATION
1.6.1 Pre Start-up Period. Prior to start-up, observe the following procedures by sequence: ***
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.6.1.1 Insure by checklist submitted to Owner or Owner's Representative that all required
written statements from manufacturers by individual sections of specifications are
received and comply with Contract Documents.
1.6.1.2 Insure work is completed before start-up of any unit or system. Certify to Owner or
Owner's Representative that specifically required services of respective equipment
manufacturer's representative by individual sections of specifications have been
performed in accordance with Contract Documents.
1.6.1.3 Definition of System. For this project, "system" is defined as the arrangement of items
or components of equipment (either process, mechanical or electrical) which form a unit
of operation. Separate start-up and demonstration by system.
1.6.1.4 Insure systems are tested hydraulically, mechanically, and electrically. Insure systems
which require calibration, commissioning, and balancing are fully certified as complete
in performance in accordance with Contract Documents. Insure required tagging,
identification, and stenciling is complete.
1.6.1.5 Schedule start-up a minimum of thirty (30) days prior with written notice issued to,
but not necessarily limited to, Owner or Owner's Representative and applicable control
agencies. Provide a fmal notification of the exact date and time for startup a minimum of
ten (10) days prior to the startup in accordance with 01 9113.
1.6.1.6 Provide all labor, supervision, chemicals, equipment, vehicles or any other items
necessary to start-up, operate, and demonstrate the system.
1.6.2 Start-Up and Demonstration Period.
1.6.2.1 Start-up, operate and demonstrate specified performance of each item of equipment and
each system at full operation without interruption of equipment or system, or need of
adjustment or repair per the plans and specifications.
1.6.2.2 During start-up with equipment in operation, provide knowledgeable personnel to
instruct Owner's designated personnel on operation and maintenance of each system.
This service shall be in addition to services provided by individual manufacturer's
authorized representative(s) prescribed by individual sections of specifications.
Instructions during this start-up period shall be overview in nature and not simply repeat
previous operation and maintenance instructions.
1.6.3 Substantial Completion:
1.6.3.1 Completion of Paragraphs 1.6.1-1.6.3 above is required prior to Request for
Substantial Completion.
1.6.3.2 See also Section 01 91 13 — General Commissioning Requirements for items to be
completed prior to substantial completion.
1.7 REMOVAL OF EXISTING FACILITIES
1.7.1 All equipment, piping, etc. removed, and not specifically designated for reuse, shall become the
property of the Job Order Contractor for salvage or disposal and shall be removed from the site
by the Job Order Contractor. All other debris shall be hauled by Job Order Contactor and disposed
of in an approved landfill and in accordance with Section 01 74 19 Construction Waste
Management.
1.8 INSPECTION BY PUBLIC AGENCIES
1.8.1 Authorized representatives of the City, County and State of Arizona, shall have access to the
work wherever it is in preparation or progress. The Job Order Contractor shall provide reasonable
facilities for such access and inspection.
1.9 HAZARDOUS SUBSTANCES
1.9.1 The Job Order Contractor agrees that it shall not knowingly transport to, use, generate,
dispose of, or install at the project site any Hazardous Substance, (as defined in Section 19.2.3),
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
except in accordance with applicable Environmental Laws. Further, in performing the Work, the
Job Order Contractor shall not knowingly cause any release of hazardous substances
into, or contamination of, the environment, including the soil, the atmosphere, any water course
or ground water, except in accordance with applicable Environmental Laws.
1.9.2 In the event the Job Order Contractor encounters on the project site any Hazardous Substance,
or what the Job Order Contractor reasonably believes to be a Hazardous Substance, which is
being introduced to the Work, in violation of any applicable Environmental Laws, the Job
Order Contractor shall immediately stop Work in the area affected and report the condition to the
Owner or Owner's Representative if in fact a Hazardous Substance has been introduced and has
not been rendered harmless.
1.9.3 The Owner or Owner's Representative may direct the Job Order Contractor to remediate
and/or render harmless the Hazardous Substance in accordance with applicable permits then in
existence, but the Job Order Contractor shall not be required to remediate and/or render harmless
the Hazardous Substance absent such direction. If the Job Order Contractor is not so directed, Job
Order Contractor shall not be required to resume Work in any area affected by the Hazardous
Substance until such time as the Hazardous Substance has been remediated and/or rendered
harmless.
1.9.4 For purposes of this Contract, the term "Hazardous Substance" shall mean and include, but
shall not be limited to, any element, constituent, chemical, substance, compound or mixture,
which are defined in or included under or regulated by any local, state, or federal law, rule,
ordinance, by-law, or regulation pertaining to environmental Response, Compensation and
Liability Act of 1980 (CERCLA), The Resource Conversation and Recovery Act (RCRA), The
Toxic Substances Control Act (TSCA), The Clean Water Act (CWA), the Clean Air Act (CAA),
The Occupational Safety and Health Act (OSHA), The Superfund Amendments and
Reauthorization Act of 1986(SARA), or other state or environmental clean-up or disclosure
statues including all state and local counterparts of such laws (all such laws, rules and regulations
being referred to collectively as Environmental Laws). It is the JOB ORDER CONTRACTOR's
responsibility to comply with the law in effect at the time its services are rendered and to comply
with any amendments to those laws for all services rendered after the effective date of any such
amendments.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 11 00
SUMMARY OF WORK
1.1 WORK COVERED BY CONTRACT DOCUMENTS
1.1.1 Project: ***
1.1.2 Sustainable Design Requirements: ***
1.1.2.1 The building(s) on the site and the site-work adjacent to the building(s) are designed and
shall be constructed as sustainable entities.
1.1.2.2 The requirements for sustainable/"green" construction are contained throughout the
Contract Documents and in particular are specified in Section 01 81 13 — Sustainable
Design Requirements.
1.1.3 BIM Model: If the Job Order Contractor maintains a BIM model, it shall be made available for
reference by the Design Professional and Owner. The files shall be compatible with REVIT 2012
and NAVISWORKS. ***
1.1.4 Subcontractors shall review the Construction Documents in their entirety to ensure that all
materials, services, labor and equipment required are included in their bid. Documents are arranged
by discipline (e.g. electrical) only as a convenience. It shall not be assumed that work of a specified
trade will be contained only within the specifications or drawings that are identified with a specific
discipline. Subcontractors are hereby notified that the work of their trade may be contained on any or
all of the documents. No additional cost(s) will be paid by the Owner for work that is construed to be
performed by another trade because the work is specified or indicated on a document which is not
specifically identified for their trade.
1.2 DEFINITIONS PERTAINING TO THE CONTRACT DOCUMENTS
1.2.1 Furnish: To purchase and deliver.
1.2.2 Install: To place into final position and connect.
1.2.3 Provide: To furnish and install.
1.2.4 "As shown", "as detailed", "as indicated" or words of similar import mean as indicated on the
drawings
1.2.5 "As selected", "as approved" or words of similar import mean as selected by, as approved by, or as
accepted by the Design Professional and Owner.
1.2.6 "Approved equal", "or equal" shall mean as approved and accepted by the Design Professional
and Owner.
1.2.7 "Shall" means mandatory.
1.2.8 "As required" means as required by the contract documents.
1.2.9 "As necessary" means essential to the completion of the work.
1.2.10 "Concealed" means not visible in the finished work.
1.2.11 "Exposed" means visible in the finished work.
1.2.12 "Days" means calendar days, unless specifically indicated otherwise.
1.2.13 Substantial Completion: That stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. ***
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.3 WORK BY OWNER
1.3.1 Items noted 'NIC' (Not in Contract) will be furnished and installed by Owner.
1.3.2 Fixtures, Furnishings and Equipment (FFE) items to be provided by Owner include: ***
1.3.2.1 Technology Hardware and Software, including cabling, tellainations and commissioning.
1.3.2.2 Furniture and Equipment throughout the building.
1.4 OWNER FURNISHED ITEMS ***
1.4.1 Products furnished to the site and paid for by Owner shall be as noted on Drawings.
1.4.2 Owner's Responsibilities:
1.4.2.1 Arrange for and deliver Owner reviewed Shop Drawings, Product Data, and Samples,
to Job Order Contractor for Owner-Furnished Job Order Contractor Installed (OFCI) items.
1.4.2.2 Arrange and pay for product delivery to site.
1.4.2.3 On delivery, inspect products jointly with Job Order Contractor.
1.4.2.4 Submit claims for transportation damage and replace damaged, defective, or deficient
items.
1.4.2.5 Arrange for Manufacturers' warranties, inspections and service.
1.4.3 Job Order Contractor's Responsibilities:
1.4.3.1 Job Order Contractor shall give Owner written notice a minimum of 30 calendar days in
advance stating dates when Owner-furnished items must be received at the job site to
insure Project completion in accordance with established schedule.
1.4.3.2 Review Owner-reviewed Shop Drawings, Product data, and Samples
1.4.3.3 For OFCI items, receive and unload products at site; inspect for completeness or damage,
jointly with Owner.
1.4.3.4 For OFCI items, handle, store, assemble, install, connect and finish such products,
including furnishing lubricants and fluids and procedures required to render product
serviceable and operative.
1.4.3.5 Job Order Contractor is responsible for the coordination and interface of Owner-Furnished
and Installed work with Work of this Contract to provide all required mechanical and
electrical rough-ins, openings, supports, dimensions, etc., as required for a complete
installation
1.5 JOB ORDER CONTRACTOR USE OF SITE
1.5.1 General: Job order Contractor shall have full use of the site within Contract Limit Lines
indicated for construction operations during the construction period.
1.5.2 Use of site shall allow for:
1.5.2.1 Owner occupancy and usage of adjacent buildings.
1.5.2.2 Work by Other Contractors and Work by Owner.
1.5.3 Owner Operations:
1.5.3.1 At no time during the work shall Job Order Contractor place, or cause to be placed, materials
or equipment, or other items, at a location which would impede or impair access to or
from the present facilities for customers, employees or delivery personnel.
1.5.3.2 Job Order Contractor shall cooperate with the Owner in providing traffic control during
course of construction in order to minimize inconvenience to Owner's customers. Job Order
Contractor shall provide these traffic control service at no additional cost to Owner.
1.5.4 Emergency Building Exits During Construction: Provide protection of emergency exits for adjacent
buildings as directed by and approved by Owner during the entire course of construction.
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Serial II 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.5.5 Time Restrictions for Perfoiming Work:
1.5.5.1 Construction hours as directed by Owner. ***
1.5.5.2 Restrictions may be placed on certain types of work and areas of site activity depending
on Owner needs.
1.5.6 Utility Outages and Shutdown: Non-emergency interruption of utility services to the existing
building(s) is not permitted without advance written twenty-one (21) day minimum notice. Job Order
Contractor shall schedule pre- activity meeting with affected stakeholders with written plan of
shutdown activities, affected areas/systems. Include job hazard analysis, procedures, execution plan
and activity durations.
1.6 PERMITS, FEES AND NOTICES
1.6.1 Plan check fees will be paid by the Owner.
1.6.2 The Job Order Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authority bearing on the performance of the Work.
1.6.3 It is the responsibility of the Design Professional to make certain that the Contract Documents are in
accordance with applicable laws, statutes, building codes and regulations. If the Job Order
Contractor observes that any of the Contract Documents are at variance therewith in any respect, he
shall promptly notify the Design Professional and Owner in writing, and any necessary changes shall
be accomplished by appropriate Modification.
1.6.4 If the Job Order Contractor performs Work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the Design Professional and Owner, the Job Order
Contractor shall assume full responsibility therefor and shall bear attributable costs.
1.7 SPECIAL SITE CONDITIONS ***
1.7.1 The Job Order Contractor shall be solely and completely responsible for protecting the existing
buildings from damage and/or injury due to this Work and shall repair at his expense and to the Design
Professional's satisfaction, all areas damaged as a result of his Work.
1.7.2 Job Order Contractor shall make consideration of dust and debris. Means for maintaining operations
shall be discussed with, an approved by the Owner prior to commencing work.
1.7.3 Job Order Contractor shall make consideration of providing a visual screen as part of, or in addition,
the site fencing wherever, in the opinion of the Owner, additional privacy is needed for adjacent
building patrons.
1.8 APPROVED APPLICATORS
1.8.1 Where specific instructions in the Specifications require that a particular product and/or material be
applied and/or installed by an "approved applicator" it shall be the Job Order Contractor's
responsibility to insure that any Subcontractor or Subsubcontractor used for such Work is in fact
currently certified, or otherwise approved in writing, by the particular Manufacturer for this type of
installation or application.
1.9 APPROVED MANUFACTURERS
1.9.1 Each Section of the Specifications may include a list of Manufacturers whose equipment is
acceptable as to manufacture, subject to conformance with the Contract Documents. Careful
checking must be made by the Job Order Contractor and the manufacturer or equipment supplier to
verify that the equipment will meet all capacities, requirements, space allocations is suitable to the
intended purpose, and will be installed in accordance with the Construction Schedule. ***
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.10 REFERENCE DATA
1.10.1 Reference data made available to the Job Order Contractor is for the Job Order Contractor's
information only, and neither the Owner nor the Design Professional assume any responsibility for the
Job Order Contractor's conclusions.
1.10.2 The Job Order Contractor shall establish and maintain all buildings and construction grades, lines,
levels, and bench marks. This Work shall be perfolmed by a licensed Civil Engineer or Surveyor
under the employ of the Job Order Contractor, who shall certify to the Design Professional that he has
performed this service.
1.10.3 The Job Order Contractor shall not remove any property line markers or monuments or data
established by the Owner.
1.11 NO DISCRIMINATION
1.11.1 It is the desire of the Owner that the facilities and improvements constructed under this Contract
meet or exceed the intent of applicable public law concerning prohibition of discrimination, and that no
individual be discriminated against on the basis of disability in the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or accommodations of this completed Project.
1.11.2 The designers and drafters of these Documents have intended to incorporate those Owner's
intentions into these Documents.
1.11.3 The Owner hereby solicits those providing elements of this Project to bid and contract for the Project
as required by these Documents, but at the time of submitting Shop Drawings, or sooner when
appropriate, and without causing delay in the Project, to also submit proposals for improving the
accessibility of the Project to physically or mentally impaired persons.
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 24 13
VALUE ENGINEERING PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Administrative requirements for value engineering.
1.02 DEFINITIONS
A. Value Engineering: 1) To effect economy in the cost of constructing a project, and; 2) Evaluating and
bettering of materials and systems in terms of dollars and functional objectives.
1.03 ADMINISTRATIVE REQUIREMENTS FOR VALUE ENGINEERING OPTIONS
A. Whenever a material or system is specified, the specified item shall be understood as establishing type,
function, dimension, appearance, and quality desired. Other materials and systems will be accepted as
value engineering options, provided sufficient information is submitted to allow the Design
Professional to determine that proposed value engineering option materials and systems will meet the
functional objectives of the specified materials and systems.
B. Requests for approval of value engineering options:
1. Job Order Contractor shall request approval of each value engineering option, in writing, to the
Design Professional.
2. The request shall specifically state what specified materials and systems are being substituted and
shall state what materials and systems are being proposed as value engineering options.
3. Design Professional will approve or reject value-engineering options in writing, and in such form, as
the Design Professional or Owner directs. Owner has final authority regarding approval of value
engineering items.
4. Value engineering options will not be considered if they are indicated or implied on submittals (shop
drawings, product data or samples).
5. Value engineering options are encouraged and will be treated confidential as proprietary to the Job
Order Contractor making the value engineering option.
C. Job Order Contractor shall provide descriptive brochures, drawings, samples and other data as is
necessary to allow comparison to the specified materials and systems. Value engineering information
and data shall be well-marked and identified as to types and kind of the items being proposed for value
engineering option. Reference to catalogs will not be acceptable unless catalog is included with proposal.
D. In proposing a value engineering option, the Job Order Contractor makes the following representations:
1. Proposed value engineering option has been fully investigated and determined to will meet the
functional objectives of the specified materials and systems.
2. Maintenance service and source of replacement parts, as applicable, is available.
3. Cost data included on the value engineering option is complete. Claims for additional costs related
to accepted value engineering options which may subsequently become apparent are to be waived.
4. Coordination, installation, and changes in the Work as necessary for accepted substitution will be
complete in all respects.
5. Implementation of the value engineering option will not adversely affect other systems.
E. Value engineering options which are accepted and require revisions to the Contract Documents shall have
the cost of the modifications to the Contract Documents deducted from the savings proposed for the value
engineering option. There will be a deductive Task Modification to the Task Order.
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 25 00
SUBSTITUTION PROCEDURES
PART 1 GENERAL
1.1 Description
1.1.1 Furnish all work and services for furnishing, submitting, processing, and handling of requests
for substitution and product options. Any substitution or option shall be in accord with
provisions of Contract Documents.
1.1.2 Completely coordinate with work of other trades.
1.1.3 See appropriate sections of the Specifications for specific items.
1.1.4 Address submissions to Design Professional and Owner's Representative.
1.2 Product Selection—General
1.2.1 Base bids on materials, equipment and procedures specified.
1.2.2 Certain types of equipment and kinds of material are described in Specifications by means of
trade names, catalog numbers and/or manufacturer's names. This is not intended to exclude from
consideration other items which may be capable of accomplishing the purpose indicated. The words
"or equal" allow submission under Section 01 33 00 of products considered to be capable of
accomplishing the Specification criteria.
1.2.3 Prior Approvals for "or equal" products will be permitted in accordance with the submittal
requirements of this Section.
1.2.4 Other types of equipment and kinds of material may be acceptable to Owner. A Substitution
request (see 1.6 below) or Value Engineering request (see Section 01 24 13) will be required to
initiate review of these items.
1.2.5 Listing of a manufacturer implies acceptance of them only as the supplier of a product which
complies with specified item.
1.2.6 The Owner or Owner's Representative, and DP reserve the right to require substitute items to
comply color- and pattern-wise with base specified items.
1.3 Job Order Contractor's Options
1.3.1 For products specified only by reference standards, any product meeting standards may be used.
1.3.2 For products specified by naming several products or manufacturers and "or equal", use any
product or manufacturer named, or any product or manufacturer which meets all the Specification
criteria. Job Order Contractor may request Prior written Approval of an "or equal" product or
manufacturer in accordance with this Section.
1.3.3 For products specified by naming one manufacturer and product, and indicating product is
proprietary, select the product and manufacturer named.
1.4 Requests for Approval Prior
1.4.1 Only written requests a minimum of twenty-one (21) days prior to shop drawing_submittals
with complete submittal data will be considered.
1.4.2 In making request for prior approval, or in using a prior approved item, Job Order Contractor
acknowledges it:
1.4.2.1 Has investigated proposed product or method, and has determined that it is equal or
superior in all respects to that specified, and that it will perform the intended function
and not impact adversely other systems.
1.4.2.2 Will provide same guarantee for prior approved item as for product or method
specified.
FMD/J0C/GR § Page 113
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.4.2.3 Will coordinate installation of accepted prior approval into Work, to include
building modifications if necessary; making such changes as may be required for Work
to be complete and timely in all respects.
1.4.2.4 Waives all claims for additional costs related to any requested and/or approved prior
approval which may subsequently become apparent.
1.4.2.5 Shall pay for all Job Order Contractor requested modifications and/or revisions to the
Drawings and/or Specifications at no expense to the Owner, including any resulting fees
for added Design Professional services.
1.4.3 Job Order Contractor shall acknowledge acceptance of the foregoing provisions in request form.
1.4.4 If the request for prior approval requires any change to equipment, materials, and methods of
construction, such must be specifically indicated, and approved by the DP and be agreed upon by
Owner as part of the approval process.
1.4.5 Prior approval does not automatically mean equipment is approved. Final submittals and shop
drawings shall be made as required by the specifications for fmal approval of all equipment and
materials. Any changes required due to substitution are the Job Order Contractor's responsibility.
1.5 Submittal Data
1.5.1 Complete data substantiating compliance of proposed prior approval with Contract Documents.
Job Order Contractor shall request approval of such substitution, in writing, to the Design
Professional using Document 00 63 25 - Substitution Request form contained in the Project
Manual. ***
1.5.2 For products:
1.5.2.1 Products identification, including manufacturer's name.
1.5.2.2 Manufacturer's literature, marked to indicate specific model, type, size, and options to be
considered:
1.5.2.2.1 Product description.
1.5.2.2.2 Performance and test data.
1.5.2.2.3 Reference standards.
1.5.2.2.4 Difference in power demand, air quantities, etc.
1.5.2.2.5 Dimensional differences from specified unit.
1.5.2.3 Full size samples if requested. DP reserves the right to impound sample until physical
units are installed on project for comparison purposes. Requester will pay all costs of
furnishing and return of samples. DP is not responsible for loss of, or damage to, samples
not under their direct control.
1.5.2.4 Name and address of similar projects and name of Owner's Representative who can be
contacted to discuss product, installation, and field performance data.
1.5.3 For construction methods:
1.5.3.1 Detailed description of proposed method.
1.5.3.2 Illustrate on drawings.
1.5.4 Itemized comparison of proposed prior approval to specified item.
1.5.5 Data relating to changes in construction schedule.
1.5.6 Relation to separate contracts.
1.5.7 Cost of proposed prior approval in comparison with product or method specified.
FMD/JOC/GR § Page 114
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.5.8 Any change to equipment, materials, and methods of construction must be specifically indicated.
1.6 Substitutions
1.6.1 A Substitution is defined as a minor change in the type of materials operation of equipment or
method of manufacture or production of a specified item. Submission of an item considered to be
"or equal" under the Specifications is not a Substitution and should be submitted as a Shop
Drawing, Product Data, or Sample under Section 01 33 00.
1.6.2 Substitutions will be considered after Contract execution provided data as required in 1.5 above is
received by Owner or Owner's representative a minimum of twenty-one (21) days prior to show
drawings submittals. A Substitution may be submitted as Value Engineering request, per Section
01-24-13, if significant costs savings may be realized.
1.6.3 Substitutions will also be allowed for non—availability of specified item due to strikes,
lockouts, bankruptcy, discontinuance of production, proven shortage, or similar occurrences.
1.6.4 Notify Owner or Owner's Representative, in writing with substantiating data as soon as non-
availability becomes apparent, to avoid delay in construction._Only written requests made a
minimum of twenty-one (21) days prior to shop drawing submittals with complete submittal data
will be considered.
1.6.5 Forward submittal data as required for Prior Approvals in 1.5 above.
1.7 Rejection of Substitution or Optional Items
1.7.1 Substitutions and/or options will not be considered if:
1.7.1.1 They are indicated or implied on shop drawings, or project data submittals, without a
timely formal request having been submitted in accordance with this section.
1.7.1.2 Request for substitution does not indicate specific item for which request is submitted.
Acceptance of a manufacturer only will not be made.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page 115
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 26 13
REQUESTS FOR INTERPRETATION
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes . Administrative requirements for requests for information interpretation.
1.02 DEFINITIONS
A. Request For Information / Interpretation (RFI):
1. A document submitted by the Job Order Contractor to the Architect and Owner requesting
clarification of a portion of the Contract Documents, hereinafter referred to as RFI.
2. A properly prepared request for information / interpretation shall include a detailed written
statement that indicates the specific Drawings or Specification in need of clarification and the
nature of the clarification requested. RFI shall indicate if cost and/or schedule may be impacted.
a. Drawings shall be identified by drawing number and location on the drawing sheet.
b. Specifications shall be identified by Section number, page and paragraph.
3. Requests for Information: Request made by Job Order Contractor concerning items not indicated
on drawings or contained in Project Manual that is required to properly perfolut the work.
4. Requests for Interpretation: Request made by Job Order Contractor in accordance with Owner's
Representative's third party obligations to the contract for construction.
B. Improper RFI's:
1. RFI's that are not properly prepared.
2. Hand-written RFI' s are not acceptable.
3. Improper RFI's will be processed by the Design Professional after receiving corrected or clarified
RFI forms. The Job Order Contractor will be notified by the Design Professional prior to the
processing of improper RFI's.
C. Frivolous RFI's:
1. RFI's that request information that is clearly shown on the Contract Documents.
2. Frivolous RFI's may be returned unanswered or may be voided. The Job Order Contractor will
be notified by the Design Professional prior to the processing of frivolous RFI's.
1.03 JOB ORDER CONTRACTORS REQUESTS FOR INFORMATION
A. RFI's shall be submitted on a form acceptable to the Owner. ***
1. Fol us shall be completely filled in, and; shall be fully legible after photocopying or transmission
by facsimile (fax).
2. IFFF1 111 lk 1:rni11 1nt iyunn1 1 Ho, breaks in the consecutive numbering.
3. 11 /1thumn1 1:I• II1FF" 11 11 1 RFI number and shall be consecutively
numbered in chronological order.
4. iirr )31:-JV 111-1 Int..: 111f \v/ft 11-nt which must include, at a minimum, the
information required in Document 00 63 13.
5. RFI's may be submitted by E-Mail or via online project management system.
a. Address for E-Mail will be distributed by the Design Professional at the Pre-Construction
Conference.
b. Digitally issued RFI' s shall be prepared using a standard form. Requests issued without
using the standard form will not be considered a fomfal RFI
c. An electronic version of Document 00 63 13 will be provided upon request.
B. When the Job Order Contractor is unable to determine from the Contract Documents, the
material, process or system to be installed, the Design Professional shall be requested to make a
clarification of the indeterminate item.
FMD/JOC/GR § Page 116
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1. Wherever possible, such clarification shall be requested at the next appropriate project meeting,
with the response entered into the meeting minutes. When clarification at the meeting is not
possible, either because of the urgency of the need, or the complexity of the item, Job Order
Contractor shall prepare and submit an RFI to the Design Professional.
2. RFT requesting clarification of an item required of a document, known to have been prepared
by a consultant to the Design Professional, may be sent directly to the consultant with a
simultaneous copy to the Design Professional, if this direct communication is approved by the
Design Professional.
C. Job Order Contractor shall endeavor to keep the number of RFI's to a minimum In the event that
the process becomes unwieldy, in the opinion of the Design Professional (and validated by Owner),
because of the number and frequency of RFI's submitted, the Design Professional may request that the
Owner require the Job Order Contractor to abandon the process and submit future requests as either
submittals, substitutions or requests for change.
D. RFI's shall be originated by the Job Order Contractor.
1. RFI's from subcontractors or material suppliers shall be submitted through, reviewed by, and
signed by the Job Order Contractor prior to submittal to the Design Professional.
2. RFI's from subcontractors or material suppliers sent directly to the Owner's Representative, Design
Professional or the Design Professional's consultants shall not be accepted and will be returned
unanswered.
E. Job Order Contractor shall carefully study the Contract Documents to assure that the requested
infounation is not available therein. RFI's which request information available in the Contract
Documents will be deemed either "improper" or "frivolous" as noted above.
F. In cases where RFI's are issued to request clarification of coordination issues, for example, pipe and duct
routing, clearances, specific locations of work shown diagrammatically, and similar items, the Job
Order Contractor shall fully lay out a suggested solution using drawings or sketches drawn to scale,
and submit same with the RFI. RFI's which fail to include a suggested solution will be returned
unanswered with a requirement that the Job Order Contractor submit a complete request.
G. RFI's shall not be used for the following purposes:
1. To request approval of submittals
2. To request approval of substitutions,
3. To request changes which are known to entail additional cost or credit. (A Task Order
Modification Request form shall be used.)
4. To request different methods of perfauning work than those drawn and specified.
H. In the event the Job Order Contractor believes that a clarification by the Design Professional results
in additional cost or time, Job Order Contractor shall not proceed with the work indicated by the RFI
until a Change Order (or Construction Change Directive, if applicable to project) is prepared and
approved. RFI's shall not automatically justify a cost increase in the work or a change in the project
schedule.
1. Answered RFI's shall not be construed as approval to perform extra work.
2. Unanswered RFI's will be returned with a stamp or notation: Not Reviewed.
I. Job Order Contractor shall prepare and maintain a log of RFI'S, and at any time requested by the
Design Professional, Job Order Contractor shall furnish copies of the log showing outstanding RFI'S.
Job Order Contractor shall note unanswered RFI's in the log.
J. Job Order Contractor shall allow up to 7 days for review and response time for RFI'S, unless review
is required of multiple consultants, then the review and response period shall be 10 working days.
1. The Design Professional will endeavor to respond in a timely fashion to RFI's.
2. RFI shall state requested date/time for response, however, this requested date/time for response is
not a guarantee that the RFI will be answered by that date/time if that date/time is too expeditious
FMD/JOC/GR § Page 117
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.04 DESIGN PROFESSIONAL'S RESPONSE TO RFI'S
A. Design Professional will respond to RFI's on one of the following forms:
1. Properly prepared RFI's:
a. Response directly upon Request for Information / Interpretation form.
b. Design Professional's Supplemental Instruction.
c. Request for Proposal.
2. Improper or Frivolous RFI's
a. Notification of Processing Fee(s).
b. Unanswered RFI's will be returned with a stamp or notation: Not Reviewed.
3. Answers to properly prepared RFI's may or may not be made directly upon the RFI form as
deemed appropriate by the Design Professional.
4. Design Professional will reference the RFI number when appropriate for tracking purposes.
1.05. CONFIRMING RFI'S
A. The Job Order Contractor shall provide confirming RFI's or other acceptable means of tracking
verbal directives and their resolution, whether initiated by the Design Professional, Job Order Contractor
or Owner.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page I 18
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 26 63
TASK ORDER MODIFICATION PROCEDURE
PART 1 GENERAL
1.1 DESCRIPTION
Only such changes in the Work, in the Task Order Sum, in the Task Order Time of Completion, in the
Contract or Task Order language, or any combination thereof, as are described in written Task Order
Modifications signed by the Job Order Contractor, Owner or Owner's Representative and the DP and
issued after execution of the Contract, in accordance with the provisions of this Section.
1.2 OWNER REQUESTED REVISIONS
1.2.1 If Owner requests a revision, Owner will submit a Proposed Task Order Modification to the Job
Order Contractor.
1.2.2 Owner will review the proposed modification and issue to Job Order Contractor a Proposed Task
Order Modification Order ("PTOMO").
1.2.3 Within fifteen (15) days the Job Order Contractor shall respond in writing to the PTOMO, in the form
of a Task Order Modification detailing all costs and time and schedule impacts.
1.2.4 Job Order Contractor shall take no action until Owner has issued a written Task Order Modification.
1.3 PROCESSING CHANGES INITIATED BY THE OWNER
1.3.1 Should the Owner contemplate making a change in the work or a change in the Task Order Time of
Completion, the Owner will issue a Potential Change Order (PCO) describing the modification and
may include a proposal request ("P.R.") from Design Professional, if applicable.
1.3.1.1 Each PTOMO will be dated and will be numbered in sequence.
1.3.1.2 The PCO will describe the contemplated revision.
1.3.1.3 Upon receipt of a PCO the Job Order Contractor shall promptly respond with a Change
Order Request advising the Owner or Owner's Representative as to credit or cost and time
proposed for the described change. This is not an authorization to proceed with the
change.
1.3.1.4 Upon agreement the Owner will issue a Task Modification to the Job Order Contractor.
The Job Order Contractor shall immediately proceed with the modification.
1.3.2 If the Job Order Contractor disputes any aspect of the Task Modification and the Job Order
Contractor wishes to make a claim for a portion of such change, the Job Order Contractor shall
proceed with the Task Order Modification and shall notify the Owner and/or Owner's Representative
as provided for in Contract for Construction Services. Job Order Contractor will track the labor and
material used for the disputed work.
1.3.3 If the Job Order Contractor has been directed by the Owner or Owner's Representative to make the
described Task Order Modification subject to later determination of cost or credit in accordance with
the Contract for Construction Services, the Job Order Contractor shall:
1.3.3.1 Take such measures as needed to make the change.
1.3.3.2 Consult with the Owner and Owner's Representative and reach agreement on the most
appropriate method for determining credit or cost or time or schedule impact for the
modification, then submit a Task Order Modification Order Request.
1.3.4 If the Job Order Contractor has been directed by the Owner or Owner's Representative to promptly
advise him as to credit or cost or time or schedule impact proposed for the described modification, the
Job Order Contractor shall:
1.3.4.1 Analyze the described change and its impact on costs and time.
FIVID/J0C/GR § Page 119
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.3.4.2 Secure the required information and forward it to the Owner or Owner's Representative
for review as a Change Order Request.
1.3.4.3 Meet with the Owner or Owner's Representative as required to explain costs and, when
appropriate, determine other acceptable ways to achieve the desired objective.
1.3.4.4 Alert pertinent personnel and subcontractors as to the impending change and, to the
maximum extent possible, avoid such work as would increase the Owner's cost for making
the change, advising the Owner or Owner's Representative in writing when such
avoidance no longer is practicable.
1.4 PROCESSING CHANGES INITIATED BY THE JOB ORDER CONTRACTOR
1.4.1 Should the Job Order Contractor discover a discrepancy among the Contract Documents, a concealed
condition or other cause for suggesting a Task Order Modification in the Work, a change in the Task
Order Sum, or a change in the Task Order Time of Completion, he shall notify the Owner or Owner's
Representative as required by Article 6 of the Contract for Construction Services.
1.5 PROCESSING JOB ORDER CONTRACTOR CHANGES
1.5.1 Job Order Contractor shall promptly provide a Change Order Request to the Owner or Owner's
Representative. The Owner will assign a PCO number to the proposed change.
1.5.1.1 State proposed modification to the Task Order Sum, and/or Time and Schedule if any.
1.5.1.2 Clearly describe other modifications in the work, if required by the proposed modification,
or desirable therewith, if any.
1.5.1.3 Include full backup data such as subcontractor's proposal. At a minimum the
subcontractor's supporting data shall provide a breakdown of labor, labor rates, materials,
taxes, delivery costs, indirect costs, and overhead and profit as well as Time and Schedule
impacts, including a schedule analysis.
1. 5.1. 4 Submit this Change Order Request in single copy.
1.5.1.5 Each Change Order Request will be dated and will be numbered in sequence
1.5.2 When cost or credit or time or schedule impact for the modification has been agreed between Owner
and the Job Order Contractor, or the Owner has directed that cost or credit be determined in
accordance with provisions of Article 7 of the Contract for Construction Services, the Owner or
Owner's Representative will issue a "Task Order Modification" to the Job Order Contractor. No
work shall be performed prior to issuance of a signed Task Order Modification.
1.6 LOGS
1.6.1 Maintain a Log of Change Order Requests and Task Order Modifications at the job site, accurately
reflecting current status of all pertinent data.
1.6.2 Make the Log available to the DP, Owner or Owner's Representative for review upon request.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page 120
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 29 73
SCHEDULE OF VALUES
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 Work Included: Provide a detailed breakdown, of the agreed Task Order Sum showing values
allocated to each of the various parts of the Work as directed by the Owner or Owner's
Representative, as specified herein and in other provisions of the Contract Documents.
1.1.2 Related Work
1.1.2.1 Schedule of Values is required under Article 9.1 of the General Conditions to the Job
Order Contract.
1.1.2.2 Schedule of Values is required to be compatible with AIA Document G703, "Continuation
Sheet" and accompany AIA Document G702, "Application and Certificate for Payment",
as described in Section 01 29 76.
1.2 QUALITY ASSURANCE
1.2.1 Assure arithmetical accuracy of the sums described.
1.3 SUBMITTALS
1.3.1 Submit a proposed Schedule of Values to the Owner or Owner's Representative for approval.
1.3.1.1 The Schedule of Values shall subdivide the work into component parts in sufficient detail
to serve as the basis for progress payments during construction.
1.3.1.2 Meet with the Owner, or Owner's Representative, and determine additional data, if any,
required to be submitted.
1.3.1.3 Secure the Owner or Owner's Representative's approval of the Schedule of Values prior to
submitting first Application for Payment.
1.4 Identifying Changes in the Schedule-of-Values. Each change shall be listed separately in the Job Order
Contractor's Schedule-of-Values. Changes shall be listed by Potential Change Order number, by trade or
subcontractor and include a line item for the Job Order Contractor's mark-ups associated with the change.
Example:
A change occurs including three trades. The Owner issues a Potential Change Order Request #005. Another
change occurs including two trades. The Owner issues Potential Change Order Request #006.
(Schedule-of Values) Scheduled Value Previously Paid This Period
Electrical PCO #005 $1,000.00 0.00 0.00
Mechanical PCO #005 $1,500.00 0.00 0.00
Framing/Drywall PCO #005 $1,000.00 0.00 0.00
JOC Markups PCO #005 $388.72 0.00 0.00
Electrical PCO #006 $1,000.00 0.00 0.00
Framing/Drywall PCO #006 $500.00 0.00 0.00
JOC Markups PCO #006 $166.59 0.00 0.00
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page 121
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 29 76
PROGRESS PAYMENT PROCEDURES
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 General
1.1.1.1 Furnish all Applications for Payment as indicated, in accordance with provisions of
Article 8 of the Contract for Construction Services.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION
3.1 GENERAL
3.1.1 On the first (1St) of the month or the next business day if the first (1 5t) is a legal holiday or weekend,
the Job Order Contractor shall submit to the Project Manager an itemized Application for Payment
for the work completed to that date. This application will be reviewed for content by the Program
Manager. The Application for Payment shall be based on the accepted Schedule of Values, per
Section 01 29 73.
3.1.2 Provide supporting data substantiating the Job Order Contractor's right to payment as the
Owner or Owner's Representative may require. See 3.2 below for requirements.
3.1.3 Submit estimates of the cost of work to be completed during the current calendar month with the
Application for Payment.
3.1.4 Submit Progress Photographs.
3.1.5 Submit Record Photographs.
3.1.6 Submit updated monthly Schedule.
3.1.7 Submit conditional and unconditional lien waivers from Job Order Contractor and subcontractors.
3.1.8 Submit documentation per the Contract for Construction Services for off-site stored materials.
3.1.9 Submit SBE forms per the Contract for Construction Services.
3.1.10 Comply with other Specification Sections which contain requirements related to the Job Order
Contractor's Application for Payment.
3.1.11 Demonstrate as built project documents are up to date.
3.2 APPLICATIONS FOR PAYMENT ***
3.2.1 Submit the Application for Payment on AIA Document G702, "Application and Certificate for
Payment" to the Owner's Representative. The Schedule of Values shall be submitted in a format
similar to AIA Document G703, "Continuation Sheet.
3.2.2 Furnish electronically one (1) original Application for Payment with a schedule update in P6 format.
3.2.3 The Application for Payment will serve as a certification of the status of project.
3.2.4 The notarized Signature on the Application for Payment shall be that of a duly authorized agent of the
Job Order Contractor.
3.2.5 Base Application for Payment upon 100 percent of value of work installed and materials and
equipment suitably stored at site and materials and equipment suitably stored off-site in insured
and/or a bonded warehouse.
FMD/JOC/GR § Page I 22
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.2.6 Itemize Applications for Payment:
3.2.6.1 Submit Applications for Payment
3.2.6.2 Heading completed in full
3.2.6.3 Original contract sum
3.2.6.4 Change order summary completed
3.2.6.5 Net change by Change Order
3.2.6.6 Contract sum to date
3.2.6.7 Total completed and stored to date
3.2.6.8 Total earned, less retainage
3.2.6.9 Amount of previous payments
3.2.6.10 Current payment due
3.2.6.11 Balance to finish
3.2.6.12 Notarized section completed
3.2.6.13 Completed Schedule of Values as identified in 3.2.1 above
END OF SECTION
FMD/JOC/GR § Page 23
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 31 19
PROJECT MEETINGS
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 Project Meetings are held to enable an orderly review of the Work as it progresses on a weekly basis.
It also provides an opportunity for systematic discussion of cost, schedule, problems and solutions.
The Owner's Representative shall schedule and conduct project meetings throughout the construction
period. ***
1.1.2 The Job Order Contractor's relationship with his Subcontractors and materials suppliers, and
discussions relative thereto, are the Job Order Contractor's responsibility and are not a part of project
meetings content.
1.1.3 Persons designated by the Job Order Contractor to attend and participate in the project meetings shall
have all required authority to commit the Job Order Contactor to solutions agreed upon in the project
meetings.
1.2 SUBMITTALS
1.2.1 To the maximum extent possible, advise the Owner's Representative at least three (3) working days in
advance of project meetings regarding all items to be added to the agenda.
1.2.2 The Job Order Contractor will compile minutes of each project meeting and will furnish a draft to the
Project Manager for approval within 3 days of the meeting. Job Order Contractor shall distribute
approved minutes to the identified distribution list within 5 days of the meeting.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION
3.1 MEETING SCHEDULE
3.1.1 Project meetings will be held on a weekly basis or more frequently if required. Meeting dates and
times will be coordinated in an effort to include all parties whose participation is essential.
3.2 MEETING LOCATION
3.2.1 To the maximum extent practicable, meetings will be held at the job site.
3.3 PROJECT MEETINGS
3.3.1 To the maximum extent practicable, assign the same person or persons to represent the Job Order
Contractor at project meetings throughout progress of the Work. Subcontractors, materials suppliers,
and others may be invited to attend those project meetings in which their aspects of the Work are
involved.
3.3.2 Minimum Agenda:
3.3.2.1 Review, revise as necessary, and approve minutes of previous meeting.
3.3.2.2 Review site safety issues.
3.3.2.3 Review progress of the Work since last meeting, including status of submittals for
approval.
3.3.2.4 Present and discuss Job Order Contractor's updated 3-week schedule.
3.3.2.5 Identify problems which impede planned progress.
3.3.2.6 Develop corrective measures and procedures to regain planned schedule.
3.3.2.7 Discuss changes in the work.
3.3.2.8 Review RFI, RFP, COR, and CO logs, and identify outstanding items.
3.3.2.9 Complete other current and new business.
END OF SECTION
FMD/JOC/GR § Page 124
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 32 16
CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL
1.1 RELATED DOCUMENTS
1.1.1 Drawings and General Provisions of Contract, including General and Supplementary Conditions
and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
1.2.1 General
1.2.1.1 This Section specifies administrative and procedural requirements for preparation and
reporting of Job Order Contractor's preferred sequence of construction of the Work and other
possible sequences of construction of the Work, for monitoring and reporting of actual
performance of the Work, for incorporation of changes and unexpected events for
determination of possible impact to the timely completion of the Work and for determination
of means and method necessary for time completion of performance of the Work.
1.3 PROJECT SCHEDULE
1.3.1 Detailed Construction Schedule
1.3.1.1 The Job Order Contractor shall develop and maintain the overall Detailed Construction
Schedule, (referred to hereafter as Schedule or Construction Schedule). The Schedule shall be
computer generated in precedence format using the Critical Path Method (CPM). The Job
Order Contractor shall perfoun its obligations in accordance with the sequence and time
frame provided by the Schedule. The Job Order Contractor shall update the Schedule and
shall modify and change the Schedule as may be required as provided by this Section and
notify the Owner or Owner's Representative in writing of changes to the schedule. Any
change made in the schedule at any time shall require an explanation in writing as to reasons
for the change.
1.3.2 Purpose of the Schedule
1.3.2.1 Provide additional assurance by the Job Order Contractor of its adequate planning,
scheduling, and reporting during the execution of the construction and related activities so
they may be prosecuted in an orderly and expeditious manner, within the Contract time
and the milestones stipulated herein.
1.3.2.2 Provide additional assurance by the Job Order Contractor of its coordination of the
Work of the Contractors and the various Subcontractors and suppliers at all tiers.
1.3.2.3 Assist the Owner or Owner's Representative in monitoring the progress of the Work.
1.3.2.4 Assist the Owner or Owner's Representative in evaluation of the monthly progress
payments requests.
1.3.2.5 Assist the Owner or Owner's Representative evaluating the potential impact of proposed
changes to the Task Order.
1.3.2.6 Assist and be utilized by the Job Order Contractor in the coordination of its forces,
subcontractors and vendors.
1.3.2.7 Assist in detecting problems for the purpose of taking timely corrective action and to provide
a mechanism or tool for determining and monitoring such corrective actions.
1.3.3 General Requirements of Submitted Schedules
1.3.3.1 The Work shall proceed at a rate as will meet the specified Milestone Dates, Substantial
Completion and Final Completion dates within the Contract Time. By execution of the
Contract, the Job Order Contractor represents that he has analyzed the Work, the materials
and methods involved, the systems of the building, availability of qualified mechanics and
labor, restrictions of the site, constraints imposed, their own work load and capacity to
perform the Work, and agrees that the specified times are reasonable considering the existing
conditions prevailing in the locality of the Work, including weather conditions, and other
factors, with reasonable allowance for variations from average or ideal conditions.
FMD/JOC/GR § Page I 25
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.3.3.2 The Schedule shall clearly identify the activities illustrating accomplishment of the
time(s) for completion of the Project set forth in the Contract. If the Schedule indicates earlier
completion time(s) than that set forth in Contract, the float between the Schedule and the
Contract dates shall be considered to be part of the total float available.
1.3.3.3 In developing the Schedule, the Job Order Contractor shall be responsible for assuring that
Subcontractor Work at all tiers, as well as Job Order Contractor's own Work, is included in
the Schedule.
1.3.3.4 The Schedule as developed shall show the sequence and interdependence of activities
required for complete performance of the Work. The Job Order Contractor shall be
responsible for assuring all Work sequences are logical and the Schedule shows a coordinated
plan of the Work.
1.3.3.5 Failure by the Job Order Contractor to include any element of Work required for performance
of the Contract or failure to properly sequence the Work shall not excuse the Job Order
Contractor from completing all Work within the Contract Time.
1.3.3.6 Contractor shall include a total number of weather related days for the project within the fmal
baseline construction schedule. If delay occurs due to weather related conditions, the
Contractor shall submit a request for the number of days to the Owner for approval within 5
calendar days. Claims for delay due to weather will be deducted from the total number of
days approved in the fmal baseline construction schedule.
1.3.4 Use of Float and Reasonable Limitations Upon Resources
1.3.4.1 Float time within the schedule is jointly owned. The Job Order Contractor shall limit its
use of logic restraints based upon use of a resource such that it equally reserves float for the
limited resources of the Owner, other entities under the Owner's control and other entities
beyond the control of either the Job Order Contractor or Owner, and that the Job Order
Contractor reserves float for the various types of unexpected events which may be anticipated
on a construction project of this magnitude.
1.3.4.2 The Job Order Contractor acknowledges and agrees that actual delays to specific activities
that do not exceed available total float time of such activities will not have any effect upon
Contract completion times and Job Order Contractor will take all actions necessary to
maintain the overall schedule.
1.3.5 Requirement for Additional Resources
1.3.5.1 The Job Order Contractor shall provide adequate resources, including but not limited to
manpower and construction equipment, to perform its obligations in a timely manner. The Job
Order Contractor shall be required to provide additional resources for additional unanticipated
Work or events which may be anticipated on a construction project of this magnitude.
1.3.5.2 If the Job Order Contractor and Owner or Owner's Representative agree to a Task Order
Modification, such agreement shall be construed as stating that the Job Order Contractor is
capable of supplying additional resources as may be required to effectuate such Task Order
Modification without the need to reduce the resources available for other Work on the
project, without disruption of other Work on the project and without additional cost for
provision of additional resources other than as may be included in the agreed Change Order
1.3.6 Entitlement to Extension of Time and Acceleration
1.3.6.1 Entitlement to extensions of time for performance as described in the Contract
Documents will be granted only to the extent that time adjustments for the activity or
activities affected by any condition or event which entitles the Job Order Contractor to a
time extension exceed the total float along the current critical path of activities affected.
1.3.6.2 If the Owner or Owner's Representative does not provide an extension of time at the
request of the Job Order Contractor, the Job Order Contractor shall in a timely manner
provide a Recovery Schedule and itemized estimate of costs to effectuate such or shall be
deemed to waive its claim for additional compensation therefore.
PART 2 PRODUCTS
2.1 TECHNICAL REQUIREMENTS OF SUBMITTED SCHEDULES ***
2.1.1 Job Order Contractor shall plan, schedule, execute, and report on the Work using the Critical
Path Method (CPM). The principles used herein shall be as set forth in the text CPM in Construction
Management. current edition, McGraw Hill and the Associated General Contractors of America (AGC)
publication "The Use of CPM in Construction, a Manual for General Contractors and the Construction
Industry", except that in case of conflict, the provisions of these Contract Documents shall govern.
FMD/J0C/GR § Page I 26
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
2.1.2 The Job Order Contractor shall be responsible for maintaining the Project's Schedule.
2.1.3 The Schedule shall be developed utilizing the Precedence Diagramming Method. Job Order
Contractor shall use Microsoft Project or Primavera 6 software or some program acceptable to the
Owner with scheduling options set for retained logic, calculate start-to- start lag from actual start,
schedule durations as interruptible, show open ends as critical and calculate the total float as the most
critical.
2.1.4 Milestone Dates, including Notice to Proceed, Substantial Completion, and Final Completion must
be adhered to and shall be clearly identified on the Schedule. Milestone Dates may not be changed
without the written consent of the Owner or Owner's Representative. Final Completion and Substantial
Completion shall be mandatory finish constrained dates.
2.1.5 The Schedule shall be developed utilizing activities of specified duration of whole days between
one (1) and fifteen (15) work days. Working days are defined as on a five day per week calendar, less
recognized holidays as provided by the Owner or Owner's Representative. Milestones or other zero
duration activities shall not be permitted except to indicate milestones set forth in this Specification.
Submissions including use of Expected Finish constraints to calculate durations shall not be petiaitted.
2.1.6 Exceptions to the requirements above for the purpose of improving the Owner or Owner's
Representative's ability to monitor the Schedule and permitting the use of durations larger than
fifteen (15) work days, multiple calendars, milestones or other zero duration activity, calculated
durations, logic relationships other than finish to start or durations between activities (lags) may be
permitted on a case by case basis at the sole discretion of the Owner or Owner's Representative.
2.1.7 The level of detail of the Schedule shall be a function of the complexity of the Work involved.
The level of detail and total number of activities shall be subject to approval by the Owner or Owner's
Representative. No construction activity shall have duration of longer than fifteen (15) work days
without prior acceptance of the Owner or Owner's Representative. Non-construction activities (such as
procurement and fabrication) may have durations in excess of fifteen (15) work days.
2.1.8 Normal weather conditions shall be considered and included in the planning and scheduling of all
Work influenced by high or low ambient temperatures and/or precipitation to ensure completion of
all Work within the Contract Time. Normal weather conditions shall be determined by an assessment
of average historical climatic conditions based upon the preceding ten (10) year records published for
the locality by the National Ocean and Atmospheric Administration (NOAA).
2.1.9 Activity descriptions shall be clear and concise. The beginning and end of each activity shall be
readily verifiable. All activity starts and fmishes, with the exception of Milestones, must be tied into
the schedule by logical restraints.
2.1.10 Proposed duration assigned to each activity shall be the Job Order Contractor's best estimate of time
required to complete the activity considering the scope and resources planned for the activity.
2.1.11 Responsibility for each activity shall be identified with a single performing organization.
2.1.12 Each activity shall be identified with codes including as a minimum:
2.1.12.1 The party responsible for performance of the Work.
2.1.12.2 Where Work is to be subcontracted, the subcontractor to be responsible for the Work,
2.1.12.3 Building, Floor and Location of the Work.
2.1.13 For all major equipment and materials fabricated or supplied for this project, the Schedule shall show
a sequence of activities including .
2.1.13.1 Preparation of shop drawings and sample submissions.
2.1.13.2 Review of shop drawings and samples.
2.1.13.3 Shop fabrication and delivery.
2.1.13.4 Erection or installation.
2.1.13.5 Testing of equipment and materials.
PART 3 EXECUTION
3.1 PRESENTATION AND REVIEW CYCLE
3.1.1 Job Order Contractor's Representative Designation
3.1.1.1 (3) working days after date of Notice to Proceed, Job Order Contractor shall designate the
person in its employ preparing the Schedule and Schedule updates.
3.1.2 Initial Schedule Conference
FMD/JOC/GR § Page I 27
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.1.2.1 The Owner or Owner's Representative will schedule and conduct an initial schedule conference
within five (5) working days of Notice to Proceed. Job Order Contractor shall be prepared to
review and discuss the schedule and sequence of operations. The conference shall be
attended by:
3.1.2.1.1 Job Order Contractor's Project Manager, Superintendent, and any Scheduler employee.
3.1.2.1.2 Other Job Order Contractor key personnel, defined as any individual reporting to the
Job Order Contractor's Project Manager or Superintendent, and being in responsible
charge of more than 20% of field efforts as defmed by cost.
3.1.2.1.3 The Project Manager, Superintendent or person in responsible charge of each
Subcontractor expected to perform more than 10% of field efforts as defined by cost.
3.1.2.1.4 A representative in responsible charge of the fabrication and delivery of
materials for this project for each major supplier including each supplier of more than
10% of the total contract value as defined by cost.
3.1.2.1.5 Owner or Owner's Representative.
3.1.2.2 Procedures will be reviewed by the Owner or Owner's Representative for the following:
3.1.2.2.1 Development of preliminary Schedule by Job Order Contractor.
3.1.2.2.2 Procedures for updating and revisions.
3.1.2.2.3 Data exchange and Communications.
3.1.2.2.4 Procedures for assessing schedule impacts, schedule delays, and time extensions.
3.1.2.1.5 Development of recovery schedules.
3.1.3 Preliminary Schedule
3.1.3.1 Immediately after the Notice to Proceed, the Job Order Contractor shall submit for the Owner or
Owner's Representative's review and acceptance a Preliminary Schedule.
3.1.3.2 The Preliminary Schedule shall cover the following project phases and activities
3.1.3.2.1 Proposed Procurement Activities to be accomplished during the first ninety (90)
days of the Contract. Procurement activities shall include mobilization, key shop
drawing and sample submittals, reviews and the fabrication and delivery of key and
long-lead procurement elements. Indicate planned submittal dates and delivery dates
for fabrication and delivery activities.
3.1.3.2.2 Proposed Construction Activities to be accomplished during the first ninety (90)
days of the Contract
3.1.3.2.3 Summary Activities not included above which are necessary to properly indicate the
approach to scheduling the remaining Work areas or phases of the Work. The Work for
each phase or area must be represented by at least one summary activity such that they
cumulatively indicate the entire Construction Schedule. Summary Activities may
exceed the duration limitations listed above and may be connected by Start-to-Start
and Finish- to-Finish logic relationships as well as Finish-to-Start logic relationships
and such logic relationships may include durations between activities (lag.)
3.1.3.2.4 The Preliminary Schedule shall otherwise conform to the requirements outlined in
the "Technical Requirements for Job Order Contractor-submitted Schedules" in this
specification section.
3.1.3.3 The submission shall consist of:
3.1.3.3.1 A Schedule in Scheduling Program File Backup Disk.
3.1.3.3.2 A logic diagram of the entire Preliminary Schedule in electronic format.
3.1.3.3.3 Time scaled logic diagrams of:
3.1.3.3.3.1 The entire Preliminary Schedule.
3.1.3.3.3.2 The first 90 days of the Preliminary Schedule.
3.1.3.3.3.3 Time scaled diagrams shall be Adobe electronic format.
FMD/JOC/GR § Page I 28
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.1.3.3.4 Tabular listings of:
3.1.3.3.4.1 All Procurement Activities grouped by Submissions, Review and
Fabrications, then sorted by Early Start, then Total Float.
3.1.3.3.4.2 All Construction Activities to be performed in the first ninety (90) days,
sorted by Early Start, then Total Float.
3.1.3.3.4.3 All Summary Activities sorted by Early Start, then Total Float.
3.1.3.3.4.4 Tabulations shall include Activity ID, Description, Original Duration,
Remaining Duration, Activity Codes, Early Dates, Late Dates, Total
Float, Predecessors and Successors.
3.1.3.3.5 Electronic copies of all diagrams and tabulations shall be required.
3.1.3.3.6 Within seven (7) calendar days after receipt by the Owner or Owner's
Representative of the Preliminary Schedule, the Owner or Owner's Representative
will notify the Job Order Contractor of any concerns the Owner or Owner's
Representative may have in regard to the Preliminary Schedule. The Job Order
Contractor shall provide a response to the concerns of the Owner or Owner's
Representative, to the satisfaction of the Owner or Owner's Representative, before
the submittal of the Detailed Construction Schedule.
3.1.3.3.7 Upon the submittal of the changes to the Preliminary Schedule by the Job Order
Contractor, fmal review and acceptance by the Owner or Owner's
Representative will take place within seven (7) days. The Preliminary Schedule
shall be updated on a monthly basis while the Baseline Schedule is being
developed. The monthly updating of the Preliminary Schedule shall be consistent
with the procedures and requirements described in the "Schedule Updating"
section of this specification section.
3.1.4 Baseline Schedule
3.1.4.1 Within fifteen (15) days following Notice to Proceed, Job Order Contractor shall submit
to the Owner or Owner's Representative a detailed Baseline Schedule in precedence format
for the Job Order Contractor's construction Work scope.
3.1.4.2 The Baseline Schedule shall conform to the requirements outlined in the "Technical
Requirements for Job Order Contractor-submitted Schedules" in this specification section.
3.1.4.3 The submission shall consist of:
3.1.4.3.1 A Scheduling Backup disk.
3.1.4.3.2 A logic diagram of the entire Baseline Schedule.
3.1.4.3.3 Time scaled logic diagrams of:
3.1.4.3.3.1 The entire Baseline Schedule.
3.1.4.3.3.2 Activities on the critical path and those having ten (10) days or less float
relative to the critical path.
3.1.4.3.3.3 Diagrams shall have the critical path highlighted and activities for which
responsibility is other than the Job Order Contractor highlighted in a
different color and pattern.
3.1.4.3.3.4 Diagrams shall be in a format acceptable to the Owner.
3.1.4.3.4 Tabular listings of:
3.1.4.3.4.1 All Procurement Activities organized by Submissions, Review and
Fabrications, then sorted by Early Start, then Total Float.
3.1.4.3.4.2 All Construction Activities sorted by Early Start, then Total Float.
3.1.4.3.4.3 Tabulations above shall include Activity ID, Description, Original
Duration, Remaining Duration, Percent Complete, Cost Percent
Complete, Activity Codes, Early Dates, Late Dates, Total Float,
Predecessors, Successors and Assigned Cost. The column for Assigned
Cost shall be totaled.
FMD/JOC/GR § Page I 29
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.1.4.3.4.4 All activities in activity identification number order, listing the activity
identification number, activity title, successor identification number,
successor title, logic relationship type, lag, activity calendar number and
reason for the logic relationship.
3.1.4.4 The Baseline Schedule shall be reviewed in the following manner:
3.1.4.4.1 Within fifteen (15) days after receipt by the Owner or Owner's Representative of the
Baseline Schedule, the Owner or Owner's Representative shall notify the Job Order
Contractor of any concerns the Owner or Owner's Representative may have in
regard to the Baseline Schedule.
3.1.4.4.2 If the Owner or Owner's Representative questions the Job Order Contractor's
proposed activities, logic, duration, the Job Order Contractor, within seven (7) days
after receipt of the Owner or Owner's Representative's request, provide a
satisfactory revision to, or adequate justification for, these activities, logic, duration,
to the satisfaction of the Owner or Owner's Representative.
3.1.4.4.3 The Owner or Owner's Representative and the Job Order Contractor shall meet within
seven (7) days after receipt of the Job Order Contractor's response for a joint review,
correction, or adjustment of the Job Order Contractor's proposed Baseline Schedule.
3.1.4.4.4 In the event the Job Order Contractor fails to define any element of Work,
activity, or logic and the Owner or Owner's Representative review does not detect
this omission or error, such omission or error, when discovered by the Job Order
Contractor or Owner or Owner's Representative, shall be corrected by the Job Order
Contractor at the next monthly Schedule Update (discussed hereinafter) and shall not
affect the Contract Time.
3.1.4.4.5 Within seven (7) days after the joint review between the Job Order Contractor and
Owner or Owner's Representative, the Job Order Contractor shall revise the Baseline
Schedule in accordance with agreements reached during the joint review and re-
submit it to the Owner or Owner's Representative.
3.1.4.5 Acceptance of Job Order Contractor's Baseline Schedule:
3.1.4.5.1 Upon the submittal of the changes to the Baseline Schedule by the Job Order
Contractor, final review and acceptance by the Owner or Owner's Representative
will take place within seven (7) days. Upon the Owner or Owner's Representative's
acceptance of the changes to the Baseline Schedule, the Job Order Contractor shall
sign on the face of the Baseline Schedule which shall then indicate the Job Order
Contractors acceptance and approval of the Baseline Schedule.
3.1.4.5.2 The electronic files for Accepted Baseline Schedule shall be saved as Project ID
Number/Version "BASELINE" and not further modified. A copy of this file shall be
renamed as Project ID Number/Version "UPDATE <date>" and used for subsequent
updates and shall reference this file as its target. A copy of the "UPDATE" file shall
be renamed as Project ID Number/Version "INTERIM <date>" and shall reference
the most recent "UPDATE" file.
3.1.4.5.3 Acceptance by the Owner or Owner's Representative of the Job Order Contractor's
accepted Baseline Schedule shall be a condition precedent to the making of any
progress payments under the Contract after the first ninety (90) days of the Contract.
3.1.4.5.4 Upon acceptance of the Baseline Schedule by the Owner or Owner's
Representative, the Baseline Schedule shall be used as a basis for determining
progress payments. Monthly progress payments shall be based upon information
developed at the monthly Schedule Update.
3.1.4.5.5 Acceptance by the Owner or Owner's Representative of the Job Order
Contractor's Construction Schedule does not relieve the Job Order Contractor of any
of Job Order Contractor's responsibility whatsoever for the accuracy or feasibility of
the Construction Schedule, or of the Job Order Contractor's ability to meet the
Contract completion date or Milestone Dates, nor does such acceptance acknowledge
or admit the reasonableness of the activities, logic and duration of the Job Order
Contractor's Construction Schedule.
FMD/JOC/GR § Page I 30
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation
3.2 USE OF SCHEDULE FOR PROJECT COORDINATION
3.2.1 Weekly Progress Meetings
3.2.1.1 Once each week at the progress meeting, the progress achieved by the Job Order Contractor
during previous work week will be assessed. The Job Order Contractor shall update the most
recent "INTERIM" Schedule with the Actual Start date of activities started in the past week,
the Remaining Duration of those activities in progress and the Actual Finish date of activities
completed during the past week. The Job Order Contractor shall submit a progress schedule in
electronic tabular/bar-chart format indicating the infoimation used to perfoim this update for
the previous week and the activities scheduled for the succeeding three (3) weeks. A bar chart
directly derived from the most recent "INTERIM" Schedule shall be used to generate the four
(4) week window. All activities shown in this short interval schedule will be identified by the
same activity numbers and descriptions as shown in the Construction Schedule.
3.2.1.2 The Job Order Contractor shall mark on this computer generated bar-chart schedule the
choice and timing of those activities it intends to actually perform during the upcoming three
weeks. The Job Order Contractor may add further details to monitor this short interval
Schedule.
3.2.1.3 A copy of this short interval schedule shall be submitted to the Owner or Owner's
Representative.
3.2.2 Minor Revisions to the Schedule for Unanticipated Events
3.2.2.1 If the Job Order Contractor and Owner or Owner's Representative agree to a Task Order
Modification, such agreement shall include an Impact Analysis and agreement on the
acceptance for such impact (in part or whole by each party) and costs for mitigation
thereof. In the event that such agreement is not part of the agreement for the price of
the Task Order Modification, the Job Order Contractor shall treat such Task Order
Modification as a directive for purposes of the schedule.
3.2.2.2 If the Job Order Contractor believes that any change to the Work identified through an
accepted Project document may impact its Work, the Job Order Contractor shall perform_ an
Impact Analysis upon a copy of the most recent "UPDATE" file and submit such to the
Owner or Owner's Representative, with a written explanation of the changes, as soon as
practicable (not more than seven (7) days) after determination of such belief. The failure to
so promptly notify the Owner or Owner's Representative shall be deemed a waiver of any
compensation or extension of time due to such cause. Where the parties are in
disagreement over the responsibility of the delaying event, the Job Order Contractor shall use
a description for such which is responsibility neutral.
3.2.2.3 As part of its Impact Analysis, the Job Order Contractor shall suggest means of mitigation
including but limited to use of greater resources, modification or deletion from the logic
network of selected restraints and selective overtime. If the Job Order Contractor believes that
its efforts to mitigate such impact will entitle it to additional compensation, the Job Order
Contactor shall submit an estimate of the unmitigated and mitigated impact and cost
consequences of each. The failure to provide such a submittal in a timely manner shall be
deemed a waiver of any additional compensation.
3.2.3 Monthly Schedule Update Meetings
3.2.3.1 On a monthly basis, the Job Order Contractor shall meet with the Owner or Owner's
Representative for the purpose of updating the Schedule. The Job Order Contractor shall
submit its assessment of the Actual Start date of activities started since the last update,
Remaining Duration of those activities in progress, Actual Finish date of activities completed
and Cost Percent Complete of activities in progress or complete. The Owner or Owner's
Representative will either assent to the Job Order Contractor's assessments or direct the Job
Order Contractor to use other dates. The Owner or Owner's Representative may request the
Job Order Contractor to provide additional assurance of a Remaining Duration of Work in
progress. If the Job Order Contractor does not agree to the direction of the Owner or Owner's
Representative, it shall so state in the log field of the activity and in comments to the Minutes
of the meeting.
3.2.3.2 The information shall be entered to a copy of the most recent "UPDATE" file which will
then be saved and not further modified.
FMD/JOC/GR § Page I 31
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.2.3.3 Monthly Update Reports submission shall consist of:
3.2.3.3.1 An electronic Back up disc.
3.2.3.3.2 Electronic time scaled logic diagrams of:
3.2.3.3.2.1 The entire Baseline Schedule including indication of progress to date.
3.2.3.3.2.2 Activities not yet completed on the critical path and those having ten
(10) days or less float relative to the critical path.
3.2.3.3.2.3 Diagrams shall have the critical path highlighted and activities for which
responsibility is other than the Job Order Contractor highlighted in a
different color and pattern.
3.2.3.3.2.4 Diagrams shall be provided in an electronic format approved by the
Owner.
3.2.3.3.3 Electronic tabular listings of:
3.2.3.3.3.1 All Procurement Activities organized by Submissions, Review and
Fabrications, then sorted by Early Start, then Total Float.
3.2.3.3.3.2 All Construction Activities sorted by Early Start, then Total Float.
3.2.3.3.3.3 Tabulations above shall include Activity ID, Description, Original
Duration, Remaining Duration, Activity Codes, Early Dates or Actual
Dates, Late Dates (if applicable), Total Float, Predecessors and
Successors.
3.2.3.4 If there have been any Minor Revisions to the Schedule for Unanticipated Events during the
past reporting period, such shall be incorporated into a copy of most recent "UPDATE" file
and rescheduled. This file will be renamed as Project ID Number/Version "REVISED
<date>". The file will then be saved as the new "UPDATE" file and not further modified.
3.2.3.5 Minor Revision Reports submission shall consist of:
3.2.3.5.1 All reports required for an Update.
3.2.3.5.2 Those portions of the logic diagram required for the Baseline Schedule submission
which have been modified with the modifications highlighted.
3.2.3.6 After updating and (if required) revising the schedule, it shall be copied to the next UPDATE
file and to a new INTERIM file.
3.3 MAJOR REVISIONS TO THE SCHEDULE
3.3.1 In the event that, pursuant to a Task Order Modification, a Revised Baseline Schedule is adopted for
the Work remaining on the project, such revised baseline Schedule shall be used as the target for
further update to the project.
3.4 RECOVERY SCHEDULE
3.4.1 In the event that the Job Order Contractor determines that it can no longer perform according to
the schedule, the Job Order Contractor shall prepare and submit a Recovery Schedule.
3.4.2 In the event that the Most Recent Update indicates that the project is more than ten (10) days behind
schedule, or that a major subcontractor performing more than ten percent (10%) of the labor on the
site leaves for any reason without completion of its Work, or that a specialty subcontractor
employing proprietary means and methods leaves the site for any reason without completion of its
Work, or the Job Order Contractor becomes aware of an anticipated delay of specially ordered
materials or equipment calculated to delay the project more than ten (10) days behind schedule or the
Job Order Contractor anticipates for any reason that the project is likely to be delayed more than ten
(10) days behind schedule, and upon notice of such to and subsequent request of the Owner or Owner's
Representative, the Job Order Contractor shall prepare and submit a Recovery Schedule.
FMD/JOC/GR § Page 132
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.4.3 The Recovery Schedule submittal may include, without limitation:
3.4.3.1 Revisions to the Original Durations of Activities not yet started, which are to individually
be supported with a narrative of the actual productivity to date.
3.4.3.2 Revisions to the Calendar, including indicating Work on Saturdays, Sundays or holidays,
subject to approval by the Owner or Owner's Representative.
3.4.3.3 Splitting of activities to indicate more precise coordination, which are to be individually
supported with a narrative of how a portion of the previously indicated activity may now
suffice for a successor activity.
3.4.3.4 Revisions to Logic Relationships, deleting restraints, as may be required.
3.4.4 The Recovery Schedule shall be prepared to indicate, where practicable, recovery within one month
or within ten percent (10%) of the remaining duration until the mandated deadlines threatened.
3.4.5 Recovery Schedule Reports submission shall consist of:
3.4.5.1 All reports required for an Update.
3.4.5.2 The logic diagram required for the Baseline Schedule submission, highlighted, where
practicable, to indicate where the Recovery Schedule differs from the Baseline Schedule. A
narrative explanation shall be provided as to the reasons for the changes in the schedule.
3.4.6 Where the Recovery Schedule has been ordered by the Owner or Owner's Representative, it shall be
submitted within five (5) working days. The Job Order Contractor and all parties under its
control called to the Initial Schedule Conference shall be prepared to attend, upon forty-eight (48)
hours' notice, a Recovery Schedule Meeting which may be called by the Owner or Owner's
Representative within the next three (3) to seven (7) work days. The Owner or Owner's
Representative may also request the Job Order Contractor's Surety to attend the Recovery Schedule
Meeting.
3.4.6.1 If a Recovery Schedule Meeting is called, the parties attending shall provide additional
assurances to, or revise the proposed Recovery Schedule to the satisfaction of the Owner or
Owner's Representative.
3.4.6.2 Once approved by the Owner or Owner's Representative, the Recovery Schedule shall be
treated as a Minor Revision to the Schedule or a Major Revision to the Schedule as may be
directed by the Owner or Owner's Representative.
3.4.6.3 Once approved by the Owner or Owner's Representative, failure by the JOB ORDER
CONTRACTOR to strictly follow the Recovery Schedule until back on schedule shall be
deemed a Material Breach of the Contract.
END OF SECTION
FIVID/J0C/GR § Page 133
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 33 00
*** SUBMITTALS ***
PART 1 GENERAL
1.01 CONSTRUCTION SCHEDULE
A. In accordance with Section 01 32 16 and as specified herein.
B. Based upon the Project Schedule, provide a separate submittal schedule indicating anticipated product
and shop drawing submittal dates along with critical dates by which approvals must be provided.
Schedule shall make accommodation for full review times and at least one resubmittal.
1.02 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
A. In accordance with Section 01 33 23 and as specified herein.
B. UL Assemblies:
1. Job Order Contractor shall submit 3 copies of each UL Listed fire rated assembly that is to be used
for the project for approval by the Design Professional, including; but not limited to:
a. Fire rated wall and ceiling construction, including shaft wall construction.
b. Fire rated roof construction.
c. Spray applied fire resistive materials
d. Fire rated penetrations (including dampers) through fire rated wall, ceiling and roof
construction, including pipe, duct and expansion joint assemblies.
e. Fire rated openings, glazing and frames (interior and exterior doors and windows).
f. Other fire rated assemblies as noted on Drawings or as specified in the specifications.
2. Copies shall be compiled into loose-leaf notebooks with tabbed dividers identifying the location of
each UL assembly.
C. Submit Shop Drawings and Samples for only those items specifically mentioned in the
Specifications. Job Order Contractor shall be responsible for obtaining Shop Drawings required for the
progress of the Work, even though such Shop Drawings may not require the Design Professional's
review.
D. Environmentally Sensitive Materials (Green Products):
1. Specifications are based upon the use of environmentally sensitive materials.
2. In some cases, manufacturer's standard products may contain materials that do not comply with
specified requirements for the usage of environmentally sensitive materials and compliance with the
specified requirements may not be possible.
3. Job Order Contractor shall submit product data for any products that are proposed for use that
failed to comply with specified requirements for the usage of environmentally sensitive materials.
4. Design Professional and Owner reserve the right to disapprove the submittal (and subsequent
usage) for a n d products that are proposed for use that fail to comply with specified
requirements for the usage of environmentally sensitive materials.
1.03 QUALITY CONTROL SUBMITTALS
A. Mockups: In coordination with submittal and prior to start of Work represented by mockup,
construct full scale mockup(s) as indicated on Drawings and as required by the Owner
1. General requirements:
a. Mockups shall provide a standard of workmanship.
b. Provide required structural support for mockups and include concrete slab with required
footings as mock-up base.
c. Construct with all anchors, fasteners, sealants, and other components proposed for actual
installation.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
d. Construct successive and/or modify mockups until standard is approved.
e. When accepted, sample panel shall be standard of comparison for remainder of Work and
will function as a reference base for acceptance or rejection of fmal work.
f. Submit report describing tests, results, and any modifications made to correct deficiencies
or to improve performance.
g. Mockups shall be reviewed by the Design Professional's contract administrator and Owner's
Representative for joint acceptance. Do not proceed with installation of materials included on
mockups on the building until mock-up has been inspected and accepted by Design
Professional and Owner's Representative.
h. Upon acceptance of final work at completion of Project, if directed by Owner's
Representative, remove sample panel from site and dispose of in a legal manner, in accordance
with Waste Management Plan per Section 01 74 19.
B. Field Samples: In addition to mockups described above, provide the field samples as specified in the
various technical sections for review and joint acceptance by Design Professional and Owner's
Representative.
1. Job Order Contractor shall provide field samples for all finishes (interior and exterior) that will
remain exposed to view in the final work.
a. Field samples shall be constructed of actual materials to be used in the fmal work, including
actual mix for concrete and other such materials.
b. Include testing for exterior components as specified in the various sections.
c. Field samples shall not be incorporated into the fmal work
2. Size(s) of field samples shall be sufficient to show the characteristics of the finish.
3. Approved field samples will serve as standard for approval of building construction.
4. Construct in location where directed.
5. Bracing and supports shall be adequate to support field samples throughout construction
period.
6. Modify field samples as directed by Design Professional to satisfy appearance and pedal.' lance
requirements.
7. Obtain approval of field samples before commencing construction of exposed work.
8. Upon acceptance of final work at completion of Project, remove sample panel from site and
dispose of in a legal manner, in accordance with Waste Management Plan per Section 01 74 19, if
directed by Owner's Representative.
C. Equipment Lists: Following Job Order Contractor's review and approval, submit to the Design
Professional and Owner's Representative 3 complete lists of major items of mechanical, plumbing and
electrical equipment and materials. Submit all items at one time. Partial lists will not be acceptable.
Submittals shall include the Manufacturer's Specifications, weights, space requirements, physical
dimensions, rating of equipment and supplemental information requested by the Design Professional.
Submit performance curves for pumps and fans. Where a submittal sheet describes items in addition to
that item being submitted, delete such items. Clearly note equipment and materials which deviate
from those shown or specified in size, weight, required clearances, and location of access.
Modifications to the Work as shown or specified in submittals shall be indicated and shall be provided
by the Job Order Contractor as a part of the Work.
D. Manufacturer's Instructions: Where Specifications require Work to be furnished, installed or performed
in accordance with a specified product Manufacturer's instructions, distribute copies of such
instructions to concerned parties.
1.04 LEED SUBMITTALS ***
A. Prior to start of construction: The following shall be submitted a minimum of 15 calendar days prior to
the start of construction for review and acceptance.
1. Erosion and Sedimentation Control Plan (SSpl)
2. Construction IAQ Management Plan as specified in Section 01 50 00-Temporary Facilities and
Control.
3. Construction Waste Management Plan as specified in Section 01 74 19.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
B. Prior to installation of products: The following shall be submitted a minimum of 7 calendar days prior to
the installation of the applicable product.
1. Product Form: Prior to installation of a product into the work, submit a completed form for each
product which contributes to the points required for LEEDTM Certification. Infounation contained
on the Product Form shall be used to complete the information required for the LEED Submission.
C. During the course of construction:
1. Submittals with applications for payment as specified in Section 01 29 76 — Progress Payment
Procedures.
D. Prior to Substantial Completion:
1. The Job Order Contractor shall complete required LEED-NC 2009 forms and supporting data
required by LEED-OnLine as required for the "Construction Submittal" in accordance with Section
01 81 13. Provide required Project Data and calculation information for each respective credit
template to document credit compliance using LEED-NC 2009 requirements.
2. Requirements of IAQ management (during construction and before occupancy) shall be in
accordance with Section 01 50 00 and 01 77 00.
END OF SECTION
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SECTION 01 33 23
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 GENERAL
1.1 Description
1.1.1 General
1.1.1.1 Furnish all shop drawings, product data and samples as indicated, in accordance with
Contract Documents.
1.1.1.2 Completely coordinate with work of all other trades.
1.1.1.3 See Sections of the Contract and Task Order for additional requirements.
1.1.2 See Specification Sections for items for which shop drawings, product data, and samples are required.
1.2 Submittal—General
1.2.1 Job Order Contractor shall be responsible for and make all submissions.
1.2.1.1 Transmit all items on an approved shop drawing transmittal form.
1.2.1.2 Identify each transmittal using the 6-digit specification number with a dash and an added
number (i.e. metal handrails might be numbered 05 50 00-1. If returned for re-submission,
second submission would be 05 50 00-1A) or other mutually agreed upon numbering system...
1.2.1.3 After the second rejection, a meeting may be required by the Owner or Owner's
Representative between the Job Order Contractor, Owner or Owner's Representative, and
Design Professional (hereafter "DP") to review the submittal.
1.2.3. Job Order Contractor shall review all Subcontractor submittals prior to submission.
1.2.4. Provide written statement that the submittals are consistent with the Construction Documents or if
not totally consistent, indicate all deviations. Unless such departures are accepted as indicated in
Section 1.7.6 below, such departures will not be permitted.
1.2.5. Submittals without written statement will be returned and considered as not having been submitted.
1.2.6. By reviewing or submitting submittals and/or shop drawings, the Job Order Contractor thereby
represents that it has determined and verified availability, field measurements, field construction
criteria, materials, catalog numbers and similar data, or will do so, and that it has checked and
coordinated each submittal and/or shop drawing with the requirements of the Construction Documents
and other Job Order Contractor Construction Contract Documents.
1.2.7. If any specified material item or part is not available, the Job Order Contractor shall so indicate to
the DP.
1.2.8 Make submittals sufficiently in advance of date required to allow the DP reasonable time, in
accordance with the requirements of the Contract, for review and additional resubmission and review
cycles if necessary.
1.2.9 Items not submitted in accordance with provisions of this Section will be returned, without action, for
resubmission.
1.2.10 Submittals on items not approved for use by specifications, addenda or substitution request will
be rejected.
1.2.11 Drawings transmitted to the Owner or Owner's Representative by other than the Job Order Contractor
will be returned to the Job Order Contractor without action of any kind unless agreed to previously.
Drawings will not be returned to subcontractors.
1.2.12 Provide Operation-Maintenance Manuals, and warranties in a separate transmittal. Refer to Section 01
91 13 for operation and maintenance manual requirements. Transmittal numbers for Operation-
Maintenance Manuals shall be original number for Operation- Maintenance "O-M" or other mutually
agreed to numbering system.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.3 Submittal Schedule
1.3.1 Per the requirements of the Contract and the Task Order, submit an itemized schedule, indicating
proposed submittal dates for all items.
1.3.1.1 Include all shop drawings, data, samples and other items required to be submitted including
operations and maintenance data.
1.3.1.2 All items requiring DP action should be submitted, when possible during the first 25 percent
of the construction period.
1.3.1.3 No extension of time will be granted to the Job Order Contractor because of its failure to
submit submittals or shop drawings in ample time to allow for review, possible resubmittals
and approval.
1.4 Product List
1.4.1 Submit six (6) copies *** of a list of products, equipment and subcontractors proposed for use.
Electronic submittals may be utilized in lieu of hard copies upon consent of Design Professional.
1.4.2 Tabulate by Specification Section.
1.4.3 Only items which have been specified, approved by addenda or substitution request may be used.
1.4.4 No partial Applications for Payment will be processed until this data and other submissions required
by Contract Documents are received.
1.4.5 For products specified under reference standards, approved equal products, or products of optional
manufacturers, include with listing of each product:
1.4.5.1 Name and address of manufacturer.
1.4.5.2 Trade name.
1.4.5.3 Model or catalog designation.
1.4.5.4 Manufacturer's data.
1.4.5.4.1Performance and test data.
1.4.5.4.2Reference standards.
1.5 Submittals—Shop Drawings
1.5.1 Identify drawings with manufacturer, item, use, type, project designation, specification section or
drawing detail reference.
1.5.2 In the event hard copies are submitted, submit six (6) copies of each drawing, or as otherwise
indicated in the specification section. Electronic submittals may be utilized in lieu of hard copies
upon consent of Design Professional.
1.5.2.1 Marks on drawings by Job Order Contractor shall not be in red. Any marks by Job Order
Contractor shall be duplicated on all copies submitted.
1.5.2.1 Submit drawings 24 x 36 inches, or 30 x 42 inches, unless size of items depicted makes such
size impractical or as agreed to by the Owner or Owner's Representative, the DP and the Job
Order Contractor.
1.5.2.3 Allow clear space of approximately 40 square inches for stamping on right hand side.
1.5.3 Submit six (6) copies * * * of standard items such as equipment brochures, catalog cuts of fixtures,
or standard catalog items. Electronic submittals may be utilized in lieu of hard copies upon consent
of Design Professional.
1.5.3.1 Indicate exact item or model and all proposed options.
1.5.3.2 Include scale details, sizes, dimensions, performance characteristics, capacities, wiring
diagrams, controls and other pertinent data.
1.6 Submittals—Samples
1.6.1 The Job Order Contractor shall furnish product samples of all items requested or required by the
specifications in accordance with Contract for Construction Manager at Risk Project.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.6.1.1 Product samples shall be properly identified and submitted with such promptness as to cause
no delay in Construction Work or in the work of any other contractor and to allow time for
consideration by the DP and the Owner.
1.6.1.2 Job Order Contractor shall submit product samples to the DP and Owner for review and
approval.
1.6.1.3 Any product or material substitutions must be submitted for DP's prior written approval,
subject to Owner's review and written approval.
1.6.1.4 Each product sample must be accompanied by a letter of transmittal containing: (i)Date of
submission; (ii) Name of Project; (iii) Location of Project; (iv) Branch of Construction Work
(specification section number); (v) Project number; (vi) Name of submitting Job Order
Contractor; and (vii) Name of Subcontractor.
1.6.1.5 The Job Order Contractor shall furnish to the DP a certificate stating that material or
equipment submitted complies with the Construction Documents and the other Contract
Documents. If a certificate originates with the manufacturer, the Job Order Contractor shall
endorse it and submit it to the DP together with a statement of compliance in its own name.
1.6.2 Submit six (6) samples *** to address indicated with transmittal letters, or construction site, if
required.
1.6.2.1 Include brochures, shop drawings, and installation instructions with transmittal.
1.6.2.2 Submit transmittal for site-built samples to address indicated.
1.6.3 DP, Owner or Owner's Representative may retain samples for comparison purposes until completion
of Work.
1.6.3.1 Samples will be returned or may be used in the Work unless the Specification Section
specifically indicates otherwise.
1.6.3.2 Remove samples when directed.
1.6.3.3 Pay all costs of furnishing or constructing, and removing samples as specified within the
Contract Documents.
1.6.3.4 Unless the DP is requested at the time of submittal to return samples at the Job Order
Contractor's expense, rejected samples will be destroyed.
1.6.4 Resubmit samples of rejected items.
1.7 Design Professional Review
1.7.1 Reproduce and distribute submittals that the DP reviews and stamps. The DP will review and stamp
the submittal as follows, to indicate the action taken:
1.7.1.1 REVIEWED: Where a submittal is marked "REVIEWED", that part of the Work covered by
the submittal may proceed provided it complies with requirements of the Contract
Documents; final acceptance will depend upon that compliance.
1.7.1.2 FURNISH AS CORRECTED: When a submittal is marked "FURNISH AS
CORRECTED", that part of the Work covered by the submittal may proceed provided it
complies with notations or corrections on the submittal and requirements of the Contract
Documents; final acceptance will depend on that compliance.
1.7.1.3 REJECTED Submit Specified Item: When a submittal is marked "REJECTED Submit
Specified Item", information submitted is not in compliance with Contract Documents.
Provide a written statement to the Job Order Contractor as to why the item is rejected. Job
Order Contractor shall resubmit submittal as required by Contract Documents.
1.7.1.4 REVISE AND RESUBMIT: When a submittal is marked "REVISE AND RESUBMIT", do
not proceed with that part of the Work covered by the submittal, including purchasing,
fabrication, delivery, or other activity. Revise or prepare a new submittal in accordance with
the notations; resubmit without delay. Repeat if necessary to obtain a different action mark.
1.7.1.4.1 Do not permit submittals marked "REVISE AND RESUBMIT" to be used at
the Project Site or elsewhere where Work is in progress.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1.7.2 Job Order Contractor shall retain one (1) copy of each "REVIEWED", or "FURNISH AS
CORRECTED" submittal on file at the job-site.
1.7.3 Owner or Owner's Representative and DP shall retain one (1) copy of each "REVIEWED", or
"FURNISH AS CORRECTED" submittal in the project file.
1.7.4 Job Order Contractor shall resubmit items stamped "REVISE AND RESUBMIT" or "REJECTED
Submit Specified Item"; by DP.
1.7.4.1 Provide a print of previous drawing with resubmission for comparison, if requested by the
DP.
1.7.4.2 Add letter suffix to previous transmittal number, to indicate resubmission.
1.7.4.3 It shall be the Job Order Contractor's responsibility to assure that previously approved
documents are destroyed when they are superseded by a resubmittal.
1.7.5 The DP shall review and approve Submittals, Shop Drawings, Product Data, Samples,
substitutions, and other required submissions of the Job Order Contractor.
1.7.5.1 Submissions shall be approved only if they are in conformance with the design of the Project
and in full compliance with the Construction Documents.
1.7.5.2 Submissions of Job Order Contractor shall be acted on and returned to Job Order Contractor
within fourteen (14) days of receipt. If review and approval are not timely, the DP shall notify
the Job Order Contractor or Job Order Contractor and the Owner in writing stating the reason
for the delay.
1.7.5.3 The DP's approval of a specific item or component shall not indicate approval of an
assembly of which the item is a component.
1.7.5.4 DP review does not relieve Job Order Contractor of the responsibility to provide all
components, wiring, etc., required to make item operable or usable provided this information
is indicated within the Contract Documents.
1.7.6 At Owner's option, items constituting a departure from Contract Documents that are in the interest
of Owner and involve no change in Contract cost may be accepted. In the event of such acceptance,
institute a Supplementary Instruction reflecting change.
1.7.7 Reviewed samples submitted or constructed and approved by DP constitute criterion for judging
completed work. Finish work or items not equal to samples will be rejected.
1.7.8 Start of work which requires submittals, prior to return of submittals with DP or Owner's stamp
indicating review is at Job Order Contractor's risk.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION (Not Used)
END OF SECTION
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SECTION 01 33 33
*** DEFERRED PERMIT - SUBMITTALS ***
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 Design deferred to the Contractor for completion of the design due to the complexity and
associated Code impacts. Typical Deferred Submittals may include, but are not limited to Curtain
Wall Systems, Stairs, Precast, Fire Alarm, and Fire Protection Systems.
1.1.2 On occasion, Design Professionals, with the consent of Owner's Representative, may provide for
"deferred permit submittals" which will comply with the procedures and requirements of the
permitting agency.
1.1.3 In the event of the AE having provided (with the Owner's consent) for deferred permit submittals,
the costs of such shall be borne by the Job Order Contractor (except for the permitting cost which
will be paid by the Owner).
1.2 The deferred permit submittals are as indicated on the drawings.
END OF SECTION
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SECTION 01 35 43
ENVIRONMENTAL PROCEDURES (Sustainable Design Projects)
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Procedures for achieving the most environmentally conscious Work feasible
within the limits of the Construction Schedule, Contract Sum, and available materials, equipment, and
products.
1. Participate in promoting efforts of Owner and Design Professional to create an energy-efficient
and environmentally sensitive structure.
2. Use recycled-content, toxic-free, and environmentally sensitive materials, equipment, and
products.
3. Use environmentally sensitive procedures.
a. Protect the environment, both on-site and off-site, during construction operations.
b Prevent environmental pollution and damage.
c. Effect optimum control of solid wastes.
B. Related Sections:
1. Section 01 33 00— Submittal Procedures: Submittals for "non-green" products.
2. Section 01 60 00 — Product Requirements Product substitution procedures.
3. Section 01 77 00— Closeout Procedures: Cleaning and fmal submittals.
1.02 SUBSTITUTIONS
A. Notify Owner when Job Order Contractor is aware of materials, equipment, or products that meet the
aesthetic and programmatic intent of Contract Documents but are more environmentally sensitive than
materials, equipment, or products specified or indicated in the Contract Documents.
B. Substitution requirements of Section 01 60 00, apply except as follows:
1. Prior to submitting detailed information required under Section 01 60 00, submit the following
for initial review by Owner and Design Professional:
a. Product data including manufacturer's name, address, and phone number.
b. Description of the differences of the proposed substitution from specified product. Include
description of environmental advantages of proposed substitution over specified product.
c. MSDS Sheets (for information only, not for verification of conformance under OSHA
requirements.)
2. Submit additional information as directed by Design Professional.
1.03 PRECONSTRUCTION MEETING
A. After award of Contract and prior to the commencement of the Work, schedule and conduct
meeting with Owner and Design Professional to discuss the proposed Solid Waste Management and
Environmental Protection Plan and to develop a mutual understanding relative to details of
environmental protection, recycling, and rebate programs.
1.04 SUBMITTALS
A. Environmental Protection Plan:
1. List of federal, state, and local laws, regulations, and permits concerning environmental
protection, environmental pollution and damage, hazardous materials, construction waste,
chemical waste, sanitary waste, sediment, water, air, and noise pollution that are applicable to the
Job Order Contractor's proposed operations.
2. List species of fish and wildlife (as applicable to this project) that require specific attention,
along with measures for their protection.
3. Procedures to be implemented to provide the required environmental protection and to comply
with the applicable laws and regulations. Document existing conditions.
4. Procedures for Recycling/Reuse Program, including:
a. Name, location, and phone number.
b. Copy of permit or license for each facility.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
B. Environmental Cleaning Plan: Submit cleaning / housekeeping policies and environmental cleaning
solution product data sheets.
1. Provide written program for training and implementation.
2. Provide written plan for integrating the Green Housekeeping program into the overall project
Environmental Protection Plan
3. Material Safety Data Sheets (MSDS) on chemicals approved for use within the building.
4. Develop list of approved and prohibited chemicals and practices.
1.05 QUALITY ASSURANCE
A. Regulatory requirements:
1. Cleaning materials and methods shall meet federal mandates including Executive Order 13101 on •
Greening the Government through Waste Prevention, Recycling and Federal Acquisition and
Section 23.703 of the Federal Acquisition Regulation which requires federal agencies to consider
environmental factors when purchasing products and services.
2. Comply with the CURRENT criteria of Green Seal standard GS-37 (see www.greenseal.org ).
PART 2 PRODUCTS
2.01 MATERIALS
A. Furnish environmentally responsible materials as defined above and as specified in the various
specification sections of this Project Manual.
B. Cleaning Materials:
1. Utilize non-hazardous chemicals that have no or greatly reduced impacts upon the environment.
2. Provide Green Seal approved ENVIRCARE chemical line, or approved equivalent, which consists
of products that are non-hazardous and have a low environmental impact.
3. Utilize concentrated cleaning products when available.
PART 3 EXECUTION
3.01 ENVIRONMENTAL GOALS IMPLEMENTATION
A. Job Order Contractor shall designate an on-site party (or parties) responsible for overseeing the
Environmental Goals for the project and instructing workers and subcontractors in the means and
methods of achieving those goals.
B. Distribution: The Job Order Contractor shall distribute copies of the Environmental Goals to the Job
Site Foreman, each Subcontractor, the Owner, and the Design Professional.
C. Meetings: Job Order Contractor shall discuss the implementation of the Environmental Goals at the
following meetings:
1. Pre-construction meeting.
2. Regular job-site meetings.
3.02 ENVIRONMENTAL CONTROLS
A. Protection of natural resources: Preserve the natural resources within the project boundaries and
outside the limits of permanent work performed under this Contract in their existing condition or
restore to an equivalent or improved condition as approved by Owner, upon completion of the Work.
1. Confme construction activities to work area limits indicated on the Drawings.
a. Temporary construction: As specified in Section 01 50 00.
b. Disposal operations for demolished and waste materials that are not identified to be
salvaged, recycled, or reused:
1) Remove debris, rubbish, and other waste materials resulting from construction operations
from site.
2) No burning permitted.
3) Transport materials with appropriate vehicles, and dispose off-site to areas that are
approved for disposal by governing authorities having jurisdiction.
4) Avoid spillage by covering and securing loads when hauling on or adjacent to public
streets or highways. Remove spillage and sweep, wash, or otherwise clean project site,
streets, or highways.
5) Comply with applicable regulations.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
2. Land resources: Prior to construction, identify land resources to be preserved within the Work
area. Do not remove, cut, deface, injure, or destroy land resources, including trees, shrubs, vines,
grasses, topsoil, and land forms without permission from Owner.
a. Earthwork: As specified in Section *** —Earthwork and as follows:
1) Erodible soils: Plan and conduct earthwork to minimize the duration of exposure of
unprotected soils, except where the constructed feature obscures borrow areas, quarries,
and waste material areas. Clear areas in reasonably sized increments only as needed to
use the areas developed. Form earthwork to final grade as shown Immediately protect
side slopes and back slopes upon completion of rough grading.
2) Erosion and sedimentation control devices: Construct or install temporary and
permanent erosion and sedimentation control features as required. Provide 'biofence"
(vvvvw.biofence.com), or approved equivalent or hay bales, or other methods as required
to provide silt control into adjacent washes, creeks, rivers, lakes and other wetlands as
directed by Design Professional and/or Civil Engineer.
b. Tree and plant protection: Prior to start of construction, tag each tree and plant scheduled
to remain with value as identified by Owner. In the event of damage to tree or plant, Owner
may, at Owner's discretion, deduct the indicated value of the damaged tree or plant from the
Contract Sum.
3. Air Resources: Prevent creation of dust, air pollution, and odors.
a. Use water sprinkling, temporary enclosures, and other appropriate methods to limit to lowest
practical level dust and dirt rising and scattering in air.
1) Dust mitigation shall be as required by local Environmental Health Department.
2) Do not use water when it may create hazardous or other adverse conditions such as
flooding and pollution.
b. Store volatile liquids, including fuels and solvents, in closed containers.
c. Properly maintain equipment to reduce gaseous pollutant emissions.
d. Interior fmal fmishes: Schedule construction operations involving wet products prior to
packaged dry products to the greatest extent possible, in accordance with approved Solid
Waste Management and Environmental Protection Plan.
e. Temporary Ventilation: As specified in Section 01 50 00—Temporary Facilities and Controls,
and as follows:
1) Provide adequate ventilation during and after installation of interior wet products and
interior final finishes.
2) Provide adequate ventilation of packaged dry products prior to installation. Remove
from packaging and ventilate in a secure, dry, well-ventilated space free from strong
contaminant sources and residues. Provide a temperature range of 60 degrees F minimum
to 90 degree F maximum continuously during the ventilation period. Do not ventilate
within limits of Work unless otherwise approved by Design Professional.
3) Preoccupancy ventilation: After final completion and prior to initial occupancy, provide
adequate ventilation for minimum five days. Preoccupancy ventilation procedures:
a) Use supply air fans and ducts only.
b) Temporarily seal exhaust ducts.
c) Temporarily disable exhaust fans.
d) Provide exhaust through operable windows or temporary openings.
e) Provide temporary exhaust fans as required to pull exhaust air from deep interior
locations. Stair towers may be used for exhausting air from the building during
the temporary ventilation.
After preoccupancy ventilation and prior to final testing and balancing of
HVAC system, replace air filters and make HVAC system fully operational.
Provide clean air filters.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
3.03 INDOOR AIR QUALITY
A. Verify ventilation requirements for indoor air quality. "Adequate" requirements for one material
may not be "adequate" for another; for example, carpet can contain over 100 chemicals, including
possible carcinogens, and may require more complex ventilation to accelerate off-gassing prior to
installation. Materials/products that generally require temporary ventilation for off gassing include:
1. adhesives
2. wood preservatives
3. composite wood products
4. plastics
5. waterproofing
6. insulation
7. fu-eproofmg
8. sealants/caulking
9. acoustical ceilings
10. resilient flooring
11. carpet
12. painting
13. sealers/coatings
14. wall coverings
15. manufactured casework
16. furniture
B For more information and information on current Federal activities for IAQ, contact: EPA Indoor Air
Quality Information Clearing House, National Pesticides Telecommunication Network, National
Institute for Occupational Safety and Health, The Department of Energy (DOE) Office of Conservation,
and Renewable Energy.
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 42 00
REFERENCES
1.01 QUALITY ASSURANCE
A. For products or workmanship specified by association, trade, or Federal Standards, comply with
requirements of the standard, except when more rigid requirements are specified or are required by
applicable codes.
B. Conform to reference standard by date of issue current on date of Contract Documents.
C. Obtain copies of standards when required by Contract Documents.
D. Should specified reference standards conflict with Contract Documents, request clarification from
Design Professional/Engineer before proceeding.
E. The contractual relationship of the parties to the Contract shall not be altered from the
Contract Documents by mention or inference otherwise in any reference document.
1.02 MARICOPA COUNTY DESIGN GUIDELINES AND STANDARDS
A. The following list represents County Departmental and User-specific Design Guidelines and Standards.
Project teams must incorporate the requirements of these guidelines into their project approach. The
information in these specific design guidelines takes precedence over the information of the Technical
Design Standards unless directed otherwise by the FMD Project Manager.
B. Discrepancies between the County Technical Design Standards and the specific departmental
guidelines must be brought to the attention of the FMD Project Manager for review with 0 & M and user
group staff.
C. The FMD Project Manager will assist the Design Team in obtaining the latest versions of the following
design guidelines:
1. Maricopa County Green Government Program
2. MCSO Cabling Standards
3. Maricopa County Structured Cabling Standard
4. Maricopa County Security System Requirements
5. Maricopa County Superior Court — Court Facility Planning Guidelines
6. Maricopa County Justice Court — Facility Planning Guidelines
7. Maricopa County Locksmith Guidelines
8. Maricopa County Ergonomics Guidelines
9. MCSO Detention Facility Design Guidelines
10. Maricopa County Commissioning Requirements
11. Maricopa County Space Guidelines
12. Maricopa County CAD Layering Standards
D. Sustainable Design is a priority to Maricopa County. New projects shall be designed to achieve a
minimum LEED — Certification level as defined by the U.S. Green Building Council, unless specified
otherwise by FMD. ***
1. Maricopa County may elevate desired LEED —Certification levels on certain projects.
2. Credits that increase operating efficiencies and reduce Life Cycle Costs are strongly
desired.
3. Building Commissioning is required on all projects regardless of LEED. FMD will hire
and additional commissioning agent under separate contract.
4. Design shall incorporate lighting, motors, and HVAC equipment that are eligible for
rebate or incentive programs from local utility companies such as APS or SRP.
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1.03 SCHEDULE OF REFERENCES (telephone numbers, addresses, or URL's may not be current):
AA Aluminum Association (202) 862-5100
900 19th St. N.W., Suite 300
Washington, DC 20006
www.aluminum.org
AABC Associated Air Balance Council (202) 737-0202
1518 K. Street, N.W.
Washington, DC 20005
www.aabchq.com
AACPA Autoclaved Aerated Concrete Product Association (863) 419-2058
3701 C.R. 544 E Haines
City, FL 33844
www.aacpa.org
AAMA American Architectural Manufacturers Association (847) 303-5664
1540E. Dundee Rd., Suite 310
Palatine, IL 6067-8321
www.aamanet.org
AASHTO American Association of State Highway (202) 624-5800
and Transportation Officials
444 North Capitol Street, N.W., Suite 249
Washington, DC 20001
www.aashto.org
ACT American Concrete Institute (248) 848-3700
P. 0 Box 9094
Farmington Hills, MI 48999-9094
www.aci-net.org
ADC Air Diffusion Council (312) 201-0101
230 North Michigan Avenue
Chicago, IL 60601
www.flexibleduct.org
AFPA American Forest and Paper Association (202) 463-2700
(Formerly: National Forest Products Association
1111 19th St., NW, Suite 800
Washington, DC 20036
www.afandpa.org
Al Asphalt Institute (606) 288-4960
2696 Research Park Dr
P.O. Box 14052
Lexington, KY 40512-4052
www.asphaltinstitute.org
AIA American Institute of Architects (202) 626-7300
1735 New York Avenue, N.W.
Washington, DC 20006-5292
www.aia.org
AISC American Institute of Steel Construction (312) 670-2400
1 E. Wacker Dr., Suite 3100
Chicago, IL 60601
www.aisc.org
AISI American Iron and Steel Institute (202) 452-7133
1101 17th Street, N.W., Suite 1300
Washington, DC 20036
www. steel. org
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AITC American Institute of Timber Construction (303) 792-9559
7012 S. Revere Pky, Suite 140
Englewood, CO 80112
www.aitc-glulam.org
AMCA Air Movement and Control Association (847) 394-0150
30 West University Drive
Arlington Heights, IL 60004
www.amca.org
AMG Arizona Masonry Guild (602) 265-5999
5225 N. Central Ave., Suite 400
Phoenix, AZ 85014
www.azmasonryguild.org
ANSI American National Standards Institute (212) 642-4900
11 West 42nd Street, 13 th Fl
New York, NY 10036
wwvv.ansi.org
APA Engineered Wood Association (253) 656-6600
(Formerly: American Plywood Association)
P.O. Box 11700
Tacoma, WA 98411
www.apawood.org
API American Petroleum Institute (202) 682-8000
1220 L Street, N.W.
Washington, DC 20005
www.api.org
AQMD Air Quality Management District (909) 396-2000
21865 E. Copley Drive
Diamond Bar, CA 91765
www.aqmd.gov
ARI Air-Conditioning and Refrigeration Institute (703) 524-8800
4301 N. Fairfax Dr., Suite 425
Arlington, VA 22203
www.ari.org
ASHRAE American Society of Heating, Refrigerating (800) 527-4723
and Air Conditioning Engineers (404) 636-8400
1791 Tullie Circle, N.E.
Atlanta, GA 30329
www.ashrae.org
ASME American Society of Mechanical Engineers (800) 843-2763
345 East 47th Street (973) 882-1167
New York, NY 10017
www.asme.org
ASTM American Society for Testing and Materials (610) 832-9585
100 Barr Harbor Drive
West Conshohocken, PA 19428
www.astm.org
A'WI Architectural Woodwork Institute (703) 733-0600
1952 Isaac Newton Square West
Reston, VA 20190 www.awinet.org
AWPA American Wood Preservers Association (817) 326-6300
PO Box 5690
Granbury, TX 76049
www.awpa.com
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AWS American Welding Society (800) 443-9353
8669 NW 36 St.,#130 (305) 443-9353
Miami,FL 33166-6672
www.amweld.org
AWAVA American Water Works Association (303) 794-7711
6666 West Quincy Avenue
Denver, CO 80235
www.awwa.org
BHMA Builders Hardware Manufacturer's Association (212) 661-4261
355 Lexington Ave., 17th Floor
New York, NY 10017
BIA Brick Institute of America (703) 620-0010
11490 Commerce Park Drive
Reston, VA 22091 www.bia.org
CDA Copper Development Association (212) 251-7200
260 Madison Ave. New
York, NY 10016
www.copper.org
CFPC Certified Forest Products Council (503) 590-6600
14780 SW Osprey Drive, Suite 285
Beaverton, OR 97007
www.certifiedwood.org
CISCA Ceilings and Interior Systems Construction Association (630) 584-1919
1500 Lincoln Highway, Suite 202
St. Charles, IL 60174
www.cisca.org
CLFMI Chain Link Fence Manufacturers Institute (301) 596-2584
9891 Broken Land Pkwy, Suite 300
Columbia, MD 21046
www.chainlinkinfo.org
CRI The Carpet and Rug Institute (706) 278-3176
Box 2048
Dalton, GA 30722-2048
www.carpet-ruu.com
CRSI Concrete Reinforcing Steel Institute (847) 517-1200
933 Plum Grove Road
Schaumburg, IL 60173
www.crsi.org
CSSB Cedar Shingle and Shake Bureau(Formerly: Red Cedar (425) 453-1323
Shingle and Handsplit Shake Bureau)
515 116th Avenue
Bellevue, WA 98004
DCAT Development Center for Appropriate Technology (520) 624-6628
P.O. Box 41144
Tucson, AZ 85717
www.dcat.net
DHI Door and Hardware Institute (703) 222-2010
14170 Newbrook Drive
Chantilly, VA 20151
www.dhi.org
DOE U.S. Department of Energy (800) 342-5363
1000 Independence Ave., SW
Washington, DC 20585
http://www.energy.gov
EEBA Energy and Environmental Building Association (952) 881-1098
10740 Lyndale Avenue South, 10W,
Bloomington, MN 55420-5615
http://www.eeba.orgZ
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EBN Environmental Building News (802) 257-7300
122 Birge St., Suite 30
Brattelboro, VT 05301
www.BuildingGreen.com
EJMA Expansion Joint Manufacturers Association (914) 332-0040
25 North Broadway
Tarrytown, NY 10591
www.ejma.org
EPA U.S. Environmental Protection Agency (202) 775-6650
401 M St. WS, 6202J
Washington, DC 20460
www.epa.gov
FSC Forest Stewardship Council - U.S. (877) 372-5646
1155 30th Street NW Suite 300
Washington, DC 2007
vvww.fscus.org
FM FM Global (781) 762-4300
(Formerly: Factory Mutual System)
1151 Boston-Providence Turnpike
P.O. Box 688
Norwood, MA 02062
www.factorvmutual.com
GA Gypsum Association (312) 606-4000
125 S Franklin St
Chicago, IL 60606
www.usg.com
GANA Glass Association of North America (785) 266-7013
(Formerly: Flat Glass Marketing Association)
3310 SW Harrison St
Topeka, KS 66611
www.glasswebsite.com/gana
ICC International Code Council Headquarters 703-931-4533
5203 Leesburg Pike, Suite 600
Falls Church, VA 22041
Los Angeles District Office
5360 S. Workman Mill Road 800-284-4406
Whittier, CA 90601
http://www.iccsafe.org/
IEEE Institute of Electrical and Electronics Engineers (212) 419-7900
3 Park Ave 17th Floor
New York, NY 10016
www.ieee.org
ISRI Institute of Scrap Recycling Industries (202) 737-1770
1325 G St. NW, Suite 1000
Washington, DC 20005-3104
www.isri.org
M_AG Maricopa 1st Association of Governments (602) 254-6300
302 N. Street, suite 300
Phoenix, AZ 85003
www.mag.maricopa.gov
MBMA Metal Building Manufacturer's Association (216) 241-7333
1300 Simmer Ave.
Cleveland, OH 44115
MIL Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
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ML/SFA Metal Lath/Steel Framing Association (312) 456-5590
(A Division of the NAAMM)
8 South Michigan Ave., Suite 1000
Chicago, IL 60603
NAAMM National Association of Architectural (312) 456-5590
Metal Manufacturers
8 South Michigan Ave, Suite 1000
Chicago, IL 60603
www naamm org
NCMA National Concrete Masonry Association (703) 713-1900
2302 Horse Pen Rd.
Herndon, VA 22071
www.ncma.org
NEBB National Environmental Balancing Bureau (301) 977-3698
8575 Grovemont Circle
Gaithersburg, MD 20877
www.nebb.org
NEMA National Electrical Manufacturers Association (703) 841-3200
1300 N 17th Street, Suite 1847
Rosslyn, VA 22209
www.nema.org
NFPA National Fire Protection Association (800) 344-3555
1 Battery March Park (617) 770-3000
Quincy, MA 02269
www.nfpa.org
NRCA National Roofmg Contractors Association (847) 299-9070
10255 W. Higgins Rd., Suite 600
Rosemont, IL 60018
www.roofonline org
NTMA National Terrazzo and Mosaic Association (800) 323-9736
110 E Market St, Ste 200A (703) 779-1022
Leesburg, VA 20176
www.ntma.com
PCA Portland Cement Association (847) 966-6200
5420 Old Orchard Road
Skokie, IL 60077
www.portcement.org
PCI Precast/Prestressed Concrete Institute (312) 786-0300
209 W. Jackson Blvd
Chicago, IL 60606
www.pci.org
PDCA Painting and Decorating Contractors of America (703) 359-0826
3913 Old Lee Hwy., Suite 33B
Fairfax, VA 22030
wvvw.pdca.com
PS Product Standard
U. S. Department of Commerce
Washington, DC 20203
RIS Redwood Inspection Service (415) 382-0662
405 Enfrente Rd
Novato, CA 94949
RCSHSB Red Cedar Shingle and Handsplit Shake Bureau Refer to CSSB
RFCI Resilient Floor Covering Institute (301) 340-8580
966 Hungerford Dr., Suite 12B
Rockville, MD 20850
www.buildernet.com/rfci
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SDI Steel Deck Institute (847) 462-1930
P.O. Box 25
Fox River Grove, IL 60021-0025
www.sdi.org
SDI Steel Door Institute (440) 899-0010
30200 Detroit Rd.
Cleveland, OH 44145
www.steeldoor.org
SIGMA Sealed Insulating Glass Manufacturers Association (312) 664-6610
401 N. Michigan Ave
Chicago, IL 60611
www.sigmaonline org
SJI Steel Joist Institute (843) 626-1995
3127 10th Ave Extension
North Myrtle Beach, SC 29582
www.steeljoistorg
SMACNA Sheet Metal and Air Conditioning (703) 803-2980
Contractors' National Association
4201 Lafayette Center Drive
Chantilly, VA 20151
www.smacna.org
SSPC The Society for Protective Coatings
(Formerly: Steel Structures Painting Council)
4516 Henry St., 6th Floor (412) 281-2331
Pittsburgh, PA 15222
vvww.sspc.org
TCA Tile Council of America, Inc. (864) 646-8453
100 Clemson Research Blvd
Anderson, SC 29625
www.tileusa.com
UL Underwriters' Laboratories, Inc. (800) 704-4050
333 Pfmgston Road
Northbrook, IL 60062
www.ul.com
USGBC US Green Building Council (202) 429-2081
1825 I St. NW, Suite 400
Washington, DC 20006
www.usgbc.org
WCLIB West Coast Lumber Inspection Bureau (503) 639-0651
Box 23145
Portland, OR 97281
wwvv.wclib.org
WDMA Window and Door Manufacturing Association (800) 223-2301
(Formerly: National Woodwork Manufacturers Association
1400 E. Touhy Avenue, Suite 470
Des Plaines, IL 60018
www.wdma.com
WWPA Western Wood Products Association (503) 224-3930
522 S.W. 5th Ave., Ste 500
Portland, OR 97204
www.vvwpa.org
END OF SECTION
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SECTION 01 42 15
TERMINOLOGY
PART 1 GENERAL
1.01 DESCRIPTION
A. Work included: Terminology used on drawings and within specifications and the meanings
intended. The following list is limited to those words which experience indicates are most often
misused and sources of confusion. Words, which are consistently properly used and understood, are
not included.
1.02 DEFINITIONS PERTAINING TO THE CONTRACT DOCUMENTS
A. In accordance with Section 01 11 00, Exhibit A contains acronyms and definitions related to the
Summary of Work. ***
1.03 COMMON ABBREVIATIONS (MARICOPA COUNTY)
A. FMD-Facilities Management Department
B. IT-Information Technology
C. JOC-Job Order Contracting
D. MC-Maricopa County
E. MCSO-Maricopa County Sheriff's Office
F. O&M-Operations and Maintenance
G. OET-Office of Enterprise Technology
H. OMB-Office of Management and Budget
I. D.P. or A.E.-Design Professional or Architect/Engineer
J. P&D-Planning and Development Department
K. MCDEQ-Maricopa County Depai twent of Environmental Quality
1.04 TERM ("GREEN" BUILDING RELATED)
A. ADEQUATE VENTILATION: Ventilation, including air circulation and air changes Required to
cure materials, dissipate humidity, and prevent accumulation of dust fumes, vapors, or gases. See
Section 01 81 13 - for requirements relating to Indoor Environmental Quality (EQ) Prerequisite No. 1
- Minimum IAQ Performance
B. AIR BARRIER SYSTEM: The assembly of components used in building construction to create a
plane of air tightness throughout the building envelope and to control air leakage.
C. ADAPTIVE REUSE: Renovation of a building or site to include elements that allow a particular use
or uses to occupy a space that originally was intended for a different use.
D. ALTERNATIVE ENERGY: Energy from a source other than the conventional fossil-fuel sources of
oil, natural gas and coal (i.e., wind, running water, the sun). Also referred to as "alternative fuel."
E. BAKE-OUT: Process by which a building is heated in an attempt to accelerate VOC emissions from
furniture and materials.
F. BIODEGRADABLE: Waste material composed primarily of constituent parts that occur naturally,
are able to be decomposed by bacteria or fungi, and are absorbed into the ecosystem. Wood, for
example, is biodegradable, while plastics are not.
G. BUILDING ENVELOPE: The external elements walls, floor, ceiling, roof, windows and doors of
a building that encloses conditioned space; the building shell.
H. BUILDING FOOTPRINT: The area on a project site that is used by the building structure and is
defined by perimeter of the building plan. Parking lots, landscape and other non- building facilities
are not included in the building footprint.
I. BROWNFIELDS: Abandoned, idled or underused industrial and commercial facilities where
expansion or redevelopment is complicated by real or perceived environmental contamination.
J. CHAIN OF CUSTODY: A tracking procedure to document the status of a product from the point
of harvest or extraction to the ultimate consumer end use. (from LEEDTM Reference Guide Version
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K. CHEMICAL WASTE: Includes petroleum products, bituminous materials, salts, acids, alkalis,
herbicides, pesticides, organic chemicals, and inorganic wastes.
L. CLOSED-LOOP RECYCLING: When a used product is recycled into a similar product; a recycling
system in which a particular mass of material (possibly after upgrading) is remanufactured into the
same product (e.g., glass bottles into glass bottles).
M. COMPOST: Process whereby organic wastes, including food wastes, paper and yard wastes,
decompose naturally, resulting in a product rich in minerals and ideal for gardening and fanning as a
soil conditioner, mulch, resurfacing material or landfill cover.
N. CONSTRUCTION [AND DEMOLITION ] WASTE: Includes solid wastes, such as building
materials, packaging, rubbish, debris, and rubble resulting from construction, remodeling, repair. [and
demolition ]operations.
1. Rubbish: Includes both combustible and noncombustible wastes, such as paper. boxes, glass.
crockery, metal and lumber scrap, metal cans. and bones.
2. Debris: Includes both combustible and noncombustible wastes, such as leaves and tree
trimmings that result from construction or maintenance and repair work.
0. CRADLE-TO-CRADLE: A term used in life-cycle analysis to describe a material or product that
is recycled into a new product at the end of its defmed life and disposal. Also refers to a system that
handles a product from creation through disposal.
P. DAYLIGHTING: Daylighting optimizes the use of natural light through design considerations to
illuminate the interior of buildings during the day. Common daylighting strategies include the
proper orientation and placement of windows, use of light wells, light shafts or tubes, skylights,
clerestory windows, light shelves, reflective surfaces, and shading, and use of interior glazing to allow
light into adjacent spaces.
Q. DEVELOPMENT FOOTPRINT: The area on the project site that has been impacted by any
development activity. Hardscape, access roads, parking lots, non-building facilities and building
structure are all included in the development footprint.
R. ENVIRONMENTAL FOOTPRINT: For an industrial setting, this is a company's environmental
impact determined by the amount of depletable raw materials and nonrenewable resources it
consumes to make its products, and the quantity of wastes and emissions that are generated in the
process. Traditionally, for a company to grow, the footprint had to get larger. Today, finding ways
to reduce the environmental footprint is a priority for leading companies.
S. ENVIRONMENTALLY RESPONSIBLE MATERIALS:
1. Products made from environmentally attractive materials such as "salvaged products" and
"products with post-consumer recycled content."
2. Products that are green because of what isn't there, such as alternative to products made
from PVC and polycarbonate.
3. Products that reduce environmental impacts during construction, renovation, or demolition.
4. Products that reduce environmental impacts of the building operation, such as equipment
that conserves energy and products that prevent pollution or reduce waste.
5. Products that contribute to a safe, healthy indoor environment such as products that remove
indoor pollutants.
T. ENVIRONMENTAL TOBACCO SMOKE: Secondhand tobacco smoke exposure. U. FLY ASH
1. A fine, glass-powder recovered from the gases of burning coal during the
production of electricity. These micron- sized earth elements consist primarily of silica,
alumina and iron. When mixed with lime and water the fly ash forms a cementitious
compound with properties very similar to that of Portland cement. Because of this
similarity, fly ash can be used to replace a portion of cement in the concrete, providing
some distinct quality advantages. The concrete is denser resulting in a tighter, smoother
surface with less bleeding. Fly Ash concrete offers a distinct architectural benefit with
improved textural consistency and sharper detail.
2. Fly ash with a low LOI (carbon content) is used as a substitute for Portland cement in
concrete. Regulations vary from state to state, however, ASTM suggests that fly ash must not
contain more than 6% unburned carbon to be used for its cementitious qualities.
Otherwise, concrete companies use it as a fine aggregate in concrete block. Others use it for
filling old coal mines, seaside docking areas and as a lining for hazardous waste dumps.
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V. GREEN BUILDING: Green Building refers to the process of designing and constructing buildings
in ways that minimize their negative ecological impacts. This includes concern for the full life cycle
impacts of buildings from the acquisition of resources and materials, transportation, processing,
manufacture, distribution, installation, use, maintenance, repair, and ultimate disposal. Green
building usually also includes efforts to ensure energy efficiency, material and resource efficiency
and healthy and safe indoor environment in terms of the toxicity of materials and indoor air quality.
W. GREEN DEVELOPMENT: Green development is a development approach that benefits or has
minimal negative impacts to the local and larger environment, uses resources efficiently (including
community resources), and is sensitive to the existing local culture and community.
X. GREEN MATERIALS, PRODUCTS, AND SYSTEMS: Green materials. Products, and systems
have many of the following characteristics: are durable, are low-maintenance, have low-embodied
energy (energy required to acquire, transport, manufacture and install), are locally available, are made
from recycled or renewable resources and can be recycled or renewed, have low toxicity, produce
little pollution or waste, and have minimal negative ecological impacts.
Y. GREENFIELD: Undeveloped land or land that has not been impacted by human activity.
Z. GREENWASH: Disinformation disseminated by an organization so as to present an
environmentally responsible public image.
AA. INDOOR AIR QUALITY (IAQ): AR-RAE defines acceptable indoor air quality as air in
which there are no known contaminants at harmful concentrations as determined by cognizant
authorities and with which 80% or more people exposed do not express dissatisfaction.
AB. INTEGRATED WASTE MANAGEMENT: The complementary use of a variety of practices to
handle solid waste safely and effectively. Techniques include source reduction, recycling,
composting, combustion and landfilling.
AC. LIFE CYCLE OF A PRODUCT: All stages of a product's development, from extraction of fuel for
power to production, marketing, use and disposal.
AD. LIFE CYCLE ANALYSIS (LCA): The assessment of a product's full environmental costs, from raw
material to final disposal, in terms of consumption of resources, energy and waste.
AE. MATERIAL SAFETY DATA SHEET (MSDS): A standard formatted infonnation sheet,
prepared by a material manufacturer, describing the potential hazards, physical properties, and
procedures for safe use of a material.
AF. OPEN-LOOP RECYCLING: A recycling system in which a product made from one type of
material is recycled into a different type of product (e.g., used newspapers into toilet paper). The
product receiving recycled material itself may or may not be recycled.
AG. PASSIVE SOLAR DESIGN: Passive solar design of buildings maximizes the use of the sun for
heating during cool weather and minimizes solar gain from the sun in warm weather. Design features
typically include south-facing orientation of windows for winter sun (in the northern hemisphere),
general east-west orientation of the building, roof and overhangs that provide shade from the summer
sun but allow the winter sun through the windows, and thermal mass in the interior to store heat or
coolness and maintain more constant temperatures within the structure. Good insulation is typical
also for most of the building envelope, to control heat loss and gain
AH. POST-CONSUMER MATERIAL: Any household or commercial product that has served its
original, intended use.
Al. POST-CONSUMER RECYCLE CONTENT: A product composition that contains some
percentage of material that has been reclaimed from the same or another end use at the end of its
fruitier, useful life.
AJ. POST-INDUSTRIAL MATERIAL: Industrial manufacturing scrap or waste; also called pre-
consumer material.
AK. POST-INDUSTRIAL RECYCLE CONTENT: A product composition that contains some
percentage of manufacturing waste material that has been reclaimed from a process generating the
same or a similar product. Also called pre-consumer recycle content.
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AL. RECLAMATION: Restoration of materials found in the waste stream to a beneficial use that may
be other than the original use.
AM. RECYCLE: A strategy to process material in order to extend the usable life of that material.
AN. REDUCE: A strategy to use less of a material or to use it more efficiently.
AO. RENEWABLE RESOURCES: A resource that can be replenished at a rate equal to or greater
than its rate of depletion; i.e., solar, wind, geothermal and biomass resources.
AP. RESOURCE CONSERVATION: Practices that protect, preserve or renew natural resources in a
manner that will ensure their highest economic or social benefits.
AQ. RETROFIT: The modification of an existing building or facility to include new systems or
components.
AR. REUSE:
1. A strategy to return a material to achieve use in the same or a related capacity.
2. Using a product or component of municipal solid waste in its original form more than once.
AS. SALVAGED MATERIALS: Construction materials recovered from existing building and
reprocessed for reuse in other buildings. Common salvaged materials include structural beams and
posts, flooring, doors, cabinetry, brick and decorative items. (from LEEDTM Reference Guide Version
2.0, June 2001, pg 188)
AT. SEDIMENT: Soil and other debris that has been eroded and transported by storm or well production
runoff water.
AU. SOLAR THERMAL WATER HEATING: Here the energy of the sun is used to provide or
supplement a building's hot water supply. This can be both domestic hot water and for building
heat, usually through radiant heat systems.
AV. SOURCE REDUCTION.
1. The design, manufacture, purchase or use of materials to reduce the amount or toxicity
of waste in an effort to reduce pollution and conserve resources (i.e., reusing items,
minimizing the use of products containing hazardous compounds, extending the useful life
of a product and reducing unneeded packaging).
2. Practices that reduce the amount of any hazardous substance, pollutant or contaminant
entering any waste stream or otherwise being released into the environment. Such
practices also reduce the risk to public health and the environment associated with such
releases. Term includes equipment or technology modifications, substitution of raw
materials, and improvements in housekeeping, maintenance, training or inventory control.
AW. TIPPING FEE:
1. Charge for the unloading or dumping of waste at a recycling facility, composting
facility, landfill, transfer station or waste-to-energy facility.
2. Fees charged by the landfill for dumping large volumes of disposable waste. The fee is
usually quoted for one ton of waste.
AX. TOTAL VOLATILE ORGANIC COMPOUNDS: The total mass, typically in milligrams per cubic
meter, of the organic compounds collected in air.
AY. VAPOR RETARDER: A layer of moisture resistant material usually which controls moisture
diffusion (defmed as less than 1 perm) to prevent moisture build up in the walls.
AZ. VOLATILE ORGANIC COMPOUNDS (VOC): Any compound containing carbon and
hydrogen or containing carbon and hydrogen in combination with other elements.
BA. WASTE TO ENERGY: Burning of industrial waste to provide steam, heat or electricity.
Sometimes referred to as waste-to-fuel process.
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1.04 TERMS (ELECTICITY, HVAC AND VENTILATION RELATED)
A. AIR CHANGES PER HOUR (ACH): An expression of ventilation rates - the number of
Times in an hour that a home's entire air volume is exchanged with outside air.
B. BATTERY POWER STORAGE SYSTEMS: Battery systems that are designed to store power in batteries
that has been generated by solar photovoltaic, wind, micro- hydroelectric, or other site-based power
generation systems.
C. BLOWER DOOR: Diagnostic equipment consisting of a fan, removable panel and gauges, used to measure
and locate air leaks.
COMBUSTION EFFICIENCY: A measure of useful heat extracted from a fuel source by an operating
D. heating appliance. For example a furnace with a combustion efficiency of 60 percent converts 60 percent of
the fuels energy content into useful heat. The rest is lost as exhaust gases.
E. CONDUCTION TRANSMISSION: of energy (heat /sound) through a material or from one material to
another by direct contact. Materials with low rates of conductive heat transfer make good insulation.
F. CONVECTION TRANSMISSION: of energy (heat /sound) from one place to another by movement of a
fluid such as air or water.
G. DEW POINT: The temperature at which a vapor begins to condense.
H. EXFILTRATION: Uncontrolled leakage of conditioned air from inside the home to the outside.
I. HEAT RECOVERY VENTILATION SYSTEM: A mechanical ventilation system that recovers energy
from exhausted indoor air and transfers it to incoming air. This system usually incorporates an air-to-air
heat exchanger which transfers the heat from exhaust air to the incoming air or vice versa.
J. HUMIDISTAT: A humidity sensitive control device that signals the ventilation system to operate if the
humidity goes above a preset limit
K. MICRO-HYDROELECTRIC SYSTEMS: Micro hydroelectric systems generate electricity by harnessing the
flow of a stream or some other small scale flowing water source. Surplus electricity is often stored in a battery
storage system for later use.
L. PASSIVE VENTILATION: Passive ventilation relies typically on using both convective air flows that result
from the tendency of warm air to rise and cool air to sink and taking advantage of prevailing winds. Many
passive ventilation systems rely on the building users to control window and vents as dictated by site
conditions and conditions within the building.
RELATIVE HUMIDITY: The ratio expressed as a percentage of the amount of moisture air actually contains
M. to the maximum amount it could contain at that temperature.
N. SOLAR PHOTOVOLTAIC SYSTEMS: These systems harness the energy of the sun and convert it into
electricity. This electricity can be used as either direct current (DC) power or alternating current (AC) power
if an inverter is used. Surplus electricity is often stored in a battery storage system for later use.
0. SOLAR THERMAL AIR HEATING: This uses the energy of the sun to heat air either for direct space
heating or to heat the thermal mass of the building or heat storage systems (such as water tanks, rock pits).
P. THERMAL BRIDGE: A thermally conductive material which penetrates or bypasses an insulation system;
Q. THERMAL RESISTANCE: (R) An index of a material's resistance to heat flow.
R. WIND POWER SYSTEMS: These convert the energy of the wind into electricity. Surplus electricity is
1.05 TERMS (WATER RELATED)
A. GREYWATER SYSTEMS: Greywater systems take water used once for washing clothes or bodies and
distribute that water for secondary use, typically for substrate irrigation of landscaping.
B. WATER HARVESTING SYSTEMS: These systems collect rainwater for use after a rain event. Features in
the system include catchment/storage systems such as gutters and cisterns, landscaping features (swales,
basins, etc.) to direct the rainwater to plants and/or hold the water to slow the infiltration rate.
1.06 TERMS (UNITS RELATED)
A. BTU: British Thermal Unit - The amount of energy that is required to raise 1 lb. of water up 1° F.
B. BTUH: A rate of energy transfer - can be expressed as Btu's/hour.
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C. KILOWATT-HOUR (kWh): Standard unit for measuring electrical energy consumption- kilowatts X hours.
D. PERM: A unit of water vapor transmission defined as 1 grain of water vapor per square foot per hour per inch of
mercury pressure difference (1 inch mercury = 0.49 psi). Metric unit of measure is ng/m 2 s Pa. 1 perm = 55 ng/m2
s Pa.
E. PH: A measure of acidity/alkalinity of aqueous mixtures. A measure of pH 7 is neutral, lower is more acidic,
higher is more alkaline.
F. PSI: Pounds per square inch.
R A: unit of measurement of resistance to heat flow in hr. ft 2 ° F/BTU.in.
H. RSI: A unit of measurement of resistance to heat flow in in 2 ° C/W per 25 mm. R = 0.176 RSI
I. U-VALUE: Overall thermal conductance. U value is equal to the inverse of the sum of the R-values in a system
(U = 1 /R total).
1.07 TERMS (GENERAL)
A. ACCESS DOOR: Small doors not included in door schedules which are typically a prefabricated assembly
including frame and door.
B. ACCESS PANEL: A section of finish which can be opened.
C. ACOUSTICAL SEALANT: Non-hardening caulking or sponge tape used to seal partitions to structural ceiling,
walls and floor to reduce sound transmissions.
D. ANCHOR BOLT: A bolt that is embedded in masonry or cast-in-place in concrete.
E. AS-BUILT DRAWING: A drawing or print marked by the Job Order Contractor to show actual
conditions as constructed. For Architect's drawing, see RECORD DRAWING.
F. BACKING: A continuous material behind entire area of finish, as opposed to intermittent or edge
support.
G. BATT INSULATION: Roll type insulation for installation between studs or joists, either pressed fit
or stapled. See also BLANKET INSULATION.
H. BLANKET INSULATION: Roll type insulation for installation over suspended ceiling or on plane
wall surfaces. Either laid loose or secured with stick clips. See also BATT INSULATION.
I. BUILDING PAPER: Sheathing paper or felt.
J. CAULK, CAULKING: Non-elastomeric fillers and joints subject to little movement, generally indoors.
K. CASING BEAD: Plaster stop.
L. CEMENT PLASTER: Portland cement plasters used at interior spaces.
M. COLD JOINT: Use to describe a joint where the material on one side of the joint is to be set or hard
before the other side is installed and no particular bonding is expected.
N. CONTROL JOINT: A joint to limit cracking, or a joint which is necessary to the construction process
but continuity or bonding is required.
0. DAMPPROOFING: A coating intended to resist vapor transmission and dampness, but not designed to
resist a head of water.
P. DELETE: Something to be taken out by intention. See also OMIT.
Q. DOWNSPOUT: A rain water conduit made of sheet metal or plastic. See also LEADER.
R. ELASTOMERIC: A material which is inherently rubbery, typically used to describe sealant, flashing,
membrane, etc.
S. EXPANSION BOLT: Single unit bolt with integral anchoring device, such as Wej-it or Kwik Bolt.
T. EXPANSION JOINT: A joint designed for structural movement, both expansive and contractive.
U. EXPANSION SHIELD: Use for devices that receive a separate screw or bolt and also note type of
screw or bolt.
V. FURRED CEILING: Any ceiling not directly attached to the floor or roof framing above except
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suspended acoustical ceiling.
W. FURRING: Any ceiling not directly attached to the floor or roof framing above except suspended
acoustical ceiling.
X. FURRING CHANNEL: Cold rolled steel channel. For hat-shaped 25 gauge steel channels see METAL
FURRING.
Y. GLAZED OPENING: Used at interior partitions.
Z. GROOVE: A long, narrow indentation. In wood, use only when parallel to the grain. See also RABBET.
AA. GROUT: Any cementitious material used to fill, level or set other materials.
AB. GYPSUM BOARD: Wall and ceiling finish material. Abbreviation is GYP.BD .
AC. HANDRAIL: Single rail. For protective barricade type rails see RAILING.
AD. HANGER: Any suspended structural member by which other members are attached.
AE. HARDWOOD: No specific species. Wood from broadleaved evergreen or deciduous trees. See also
WOOD for softwood.
AF. HEAVYGAUGE FRAMING: Weldable load bearing metal studs and joists.
AG. HOISTWAY: Use for elevators and dumbwaiters.
AH. HOISTWAY BEAM: Beams supporting guiderails between multiple hoistways.
Al. JOINT BACKER: Material behind sealant which establishes depth of sealant. Generally shown on
drawings but not noted.
AJ. JOINT FILLER: Material which fills entire joint. May also be used with sealant.
AK. LEADER: A rain water conduit made of pipe or tubing. See also DOWNSPOUT.
AL. LIGHTGAUGE FRAMING: 20 and 25 gauge non-loadbearing interior framing assemblies. For
weldable loadbearing assemblies see HEAVYGAUGE FRAMING.
AM. LIGHTWEIGHT AGGREGATE CONCRETE: Concrete of lightweight aggregates not designed to
provide insulation.
AN. METAL FRAME: Pressed metal frames used with doors and panel or glazed openings.
AO. METAL FURRING: Hat-shaped, 25 gauge steel channels used to fun out walls and for furring
ceilings. For cold rolled steel channels see FURRING CHANNEL.
AP. OMIT: To leave out by intention. See also DELETE.
AQ. PANELING: Sheet or board material for interior use.
AR. PANELS: Sheet material, with some sort of joint or trim for exterior or interior use.
AS. PARTITION: Non-loadbearing vertical panel subdividing interior spaces, either rated or non-rated.
For loadbearing see WALL.
AT. PATCH: Replacement or repair of material or finish to match existing conditions.
AU. PLASTER: Specifications shall define type, i.e., gypsum plaster, Keenes Cement, etc.
AV. PROVIDE: Denotes "Furnish and Install."
AW. RABBET: Groove at edge of member only.
AX. RAILING: Multiple railed barrier. See also HANDRAILS.
AY. RECORD DRAWING: Drawings revised to include construction changes. See "AS- BUILT
DRAWING" for drawings prepared by the Job Order Contractor.
AZ. REFINISH: To put a finish back into its original condition.
BA. RELOCATE: To move from one location and install in another location.
BB. REPLACE: To provide a substitute or equivalent for.
BC. RUNNER CHANNEL: 1-1/2 inch cold rolled steel channel
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BD. SCREED: Metal or wood strip placed at intervals to gauge thickness of applied materials.
BE. SCRIBE STRIP: Strip to make tight closure to adjoining surfaces.
BF. SEALANT: Elastomeric materials at joints subject to movement or weather penetration at outdoors or
indoors. If purpose is acoustical use ACOUSTICAL SEALER.
BG. SEAMLESS FLOORING: Sheet material with joints field welded or sealed, or field installed
materials finished to provide a homogenous flooring material.
BH. SECTION:
1. Drawing showing cut through an object.
2. Subdivision of a Division of the specifications as defined by the CSI MasterFormat.
BI. SELF-EDGE: Application to edge of plywood or particleboard of plastic laminate of same pattern as face
surface.
BJ. SERVICE SINK: Wall or floor mounted sink.
BK. SHEET: Thin construction material.
BL. SHEET FLOORING: Resilient flooring installed in lengths, generally wall to wall with joints
depending upon manufactured widths of roll material.
BM. SHEET METAL: General term on drawings with specifications defining particulars.
BN. SOUND DEADENING BOARD: High density wallboard, wood fiber or gypsum, not suitable for
painting or finishing.
BO. STAGGER: To offset building elements in a horizontal or vertical plane as stagger studs, stagger joints.
BP. STOCK: Raw material, i.e. 2x4 stock.
BQ. STUD: Upright framing member of wood or metal.
BR. SUBFLOORING: Usually of different grade and thickness than used for wall or roof sheathing.
BS. THRU: Short version of THROUGH on drawings only.
BT. TOE BOARD: Raised protective edge at balconies, landings, etc. (OSHA requirement).
BU. TOE SPACE: Recess at base of cabinets.
BV. TYPICAL: Representative example, characteristic of a kind.
BW. UNDERLAYMENT: A smooth, hard sheet material, placed over rougher substrates to achieve a
surface suitable for the application of such finishes as resilient tile.
BX. WAINSCOT: Finish on the lower part of a partition when it differs from that of the upper wall.
BY. WALL: Vertical panel enclosing a building or that serves as an occupancy separation. Generally
loadbearing.
BZ. WATERPROOFING: Designed to resist a head of water.
CA. WOOD: Used to describe solid stock softwoods. See also HARDWOOD.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 45 00
*** QUALITY CONTROL ***
PART 1 GENERAL
1.1 Description
Provide and maintain an effective Job Order Contractor Quality Control (JOCQC) program and
perform sufficient and adequate inspections and testing of all items of Work, including those of
Subcontractors, to ensure compliance with Contract Documents. Including, but not limited to, the
surveillance and tests specified in the technical sections of the Specifications. Furnish appropriate
facilities, instruments, and testing devices required for performance of the quality control function.
Controls must be adequate to cover construction operations and be scheduled with the construction
sequence.
1.1.2 The individual selected by the Job Order Contractor to manage the Job Order Contractor Quality
Control Program must be approved by the Owner or Owner's Representative following an
approved resume indicating the experience of the proposed manager.
1.2 Control of On-Site Construction
1.2.1 Perform inspections prior to beginning work on any definable feature of Work. The
JOCQC Manager shall monitor and review the Contract requirements; check to assure that
materials, products, and equipment have been tested, submitted, and approved; check to assure that
provisions have been made for required control testing; examine the Work area to ascertain that
preliminary Work has been completed; physically examine materials and equipment to assure
that they conform to shop drawing data and that the materials and equipment are on hand.
1.2.2 Perform initial inspections as soon as Work commences on a representative portion of a particular
feature of Workmanship; monitor and review control testing for compliance with Contract
requirements.
1.2.3 Perform follow-up inspections on a regular basis to assure continuing compliance with
Contract requirements until completion of that particular Work.
1.3 Control of Off-Site Operations
1.3.1 Perform factory quality control inspections for items fabricated or assembled off-site as opposed
to "off-the-shelf' items as required in the specifications. The JOCQC representative at the job site
shall receive the item and note any damage incurred during shipment. The Job Order Contractor
shall be responsible for protecting and maintaining the item in good condition throughout the
period of on-site storage and during erection or installation. Although any item found to be faulty
may be rejected before it is used, final acceptance of an item by the Owner is based on its
satisfactory incorporation into the Work and acceptance of the completed project.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 45 29
*** TESTING LABORATORY SERVICES ***
PART 1: GENERAL
1.1 DESCRIPTION
1.1.1 The Job Order Contractor shall cooperate with the Owner or Owner's Representative, DP, and the
approved testing laboratory and all others responsible for testing and inspecting the Work.
1.1.2 The provisions of other testing and inspecting, as specified, will be furnished as directed by this Section
and/or in the Specifications..
1.1.3 Where no other testing requirements are described, but the Owner decides that testing is required, the
Owner may direct that such testing be performed under current standards for testing. Payment for such
testing will be made as described in this Section.
1.1.4 All services of the testing laboratory will be paid for as further described in this Section.
1.2 QUALITY ASSURANCE
1.2.1 The Owner has selected the testing laboratory in accordance with the applicable ASTM Section.
1.2.2 Codes and Standards: Testing, when and where required, will be in accordance with pertinent codes
and regulations and with selected standards of the American Society for Testing and Materials (ASTM).
1.3 PRODUCT HANDLING
1.3.1 The testing laboratory will promptly process and distribute required copies of test reports and related
instructions to ensure necessary retesting and replacement of materials with the least possible delay.
1.3.1.1 Retests of all work shall be specifically indicated by the term "Retest" and shall be
sufficiently descriptive to designate the date, location, and original test information
indicating why the original was not in compliance with documents.
1.3.1.2 The Laboratory shall send all test reports to the Owner, or Owner's Representative, Job
Order Contractor, and DP.
PART 2: PRODUCTS
2.1 PAYMENT FOR TESTING
2.1.1 Initial Services
2.1.1.1 The Owner or Owner's Representative will pay for testing services as specified in each
Division of the Specifications as applicable.
2.1.1.2 When initial tests indicate non-compliance with the Contract Documents, the costs of initial
tests associated with that non-compliance will be paid by the Owner.
2.1.2 Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent
retesting occasioned by the non-compliance shall be performed by the same testing agency and the costs
thereof will be paid by the Job Order Contractor.
2.2 CODE COMPLIANCE TESTING
2.2.1 Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are
made by a legally constituted authority, shall be the responsibility of, and shall be paid for by, the Job
Order Contractor unless otherwise provided in the Contract Documents.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
2.3 JOB ORDER CONTRACTOR'S CONVENIENCE TESTING
2.3.1 Inspecting and testing performed exclusively for the Job Order Contractor's convenience shall be the sole
responsibility of the Job Order Contractor and at the sole expense of the Job Order Contractor.
PART 3: EXECUTION
3.1 COOPERATION WITH TESTING LABORATORY
3.1.1 Representatives of the testing laboratory shall have access to the Work at all times. The Job Order
Contractor shall accommodate such access in order that the laboratory may properly perform its
function.
3.2 TAKING SPECIMENS
3.2.1 Specimens and samples for testing, unless otherwise provided in the Contract Documents, will be
taken by the testing personnel. Sampling equipment and personnel will be provided by the testing
laboratory. Deliveries of specimens and samples to the testing laboratory will be performed by the
testing laboratory.
3.3 SCHEDULES FOR TESTING
3.3.1 Establishing the schedule
3.3.1.1 By advance discussion with the testing laboratory, the Owner or Owner's Representative,
Job Order Contractor and testing laboratory shall determine the time required for the
laboratory to perform its tests and to issue each of its fmdings.
3.3.1.2 Job Order Contractor shall provide for required time within the construction schedule.
3.3.1.3 Job Order Contractor shall provide twenty-four (24) hours' notice to the testing laboratory of
required tests.
3.3.2 Revising the schedule: When changes of construction schedule are necessary during construction,
coordinate such changes of schedule with the testing laboratory as required.
3.3.3 Adherence to schedule: When the testing laboratory is ready to test according to notification by
the Job Order Contractor, but is prevented from testing or taking specimens due to incompleteness of the
Work or weather, all extra charges for testing attributable to the delay will be paid by the Job Order
Contractor and shall not be borne by the Owner.
3.4 ALTERNATIVE AND ADDITIONAL INSPECTION PROCEDURE
3.4.1 Owner or Owner's Representative and DP, subject to the Owner's approval, shall have the right, to
require alternative and/or additional inspection or testing procedures other than as specified when, in
the Owner or Owner's Representative and DP's judgment, other inspections or testing services are
required to demonstrate compliance with the Contract requirements. Costs of such alternative and/or
additional inspections or testing services will be borne by the Owner if products are found to comply;
otherwise, costs shall be borne by the Job Order Contractor.
END OF SECTION
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Serial # 15051 -JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 All labor, material, equipment and services necessary to furnish, erect and maintain temporary
facilities and controls and perform temporary work required in the performance of the Contract
shall be provided by Job Order Contractor.
1.1.2 Maintenance and Removal: Job Order Contractor shall maintain temporary facilities and
controls in a clean, proper, safe operating and sanitary condition for the duration of the
Contract. Upon completion of the Contract, Job Order Contractor shall remove all temporary
facilities and controls from the premises.
1.1.3 Job Order Contractor's and construction personnel shall not use any utilities, toilet/hand wash
facilities, offices or any other resources in existing County facilities, except with written
permission of the Owner or Owner's Representative.
1.2 UTILITIES
1.2.1 Existing Utilities: Intentionally left blank. ***
1.2.2 Electric power as required for the Job Order Contractor's use, shall be provided and paid for by
the Owner. _Disruptions to Electrical Services shall be in accordance with Section 01 00 00 -
Site Use and Security Requirements.
1.2.3 Fuel for power and/or heating required for the Job Order Contractor's use, shall be provided by
and paid for by the Owner.
1.2.4 The Job Order Contractor will provide an extended warranty or guarantee period on any
permanent systems which are used during the construction period, such warranty to commence
on date of substantial completion.
1.2.5 All equipment and devices used as Temporary Utilities shall comply with all applicable codes
and ordinances.
1.2.6 The Job Order Contractor will make all arrangements for an adequate supply of clean water for
construction purposes.
1.2.7 The Owner will pay for all water used and any applicable sewer service charges.
1.2.8 The Job Order Contractor will supply and pay for adequate cool, pure drinking water with
individual drinking cups or sanitary bubbler fountain for the use of employees on the project.
The quality of the drinking water shall meet the standards for public water supplies.
1.3 TOILET/HAND WASH FACILITIES
1.3.1 The Job Order Contractor will provide and pay for temporary toilet facilities for use of all
workmen and enforce their use by all personnel.
1.3.1.1 Provide facilities complying with local and State sanitary laws and OSHA
regulations.
1.3.1.2 Maintain in clean, sanitary condition.
1.3.1.3 Provide adequate supplies of toilet paper.
1.3.2 The Job Order Contractor will provide hand wash facilities.
1.4 ACCESSIBILITY OF VALVES & CONTROLS
1.4.1 No equipment that has to be operated or maintained, such as valves, traps, controls, unions,
motors, etc., shall be placed in an inaccessible location.
1.5 FIRE PROTECTION
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1.5.1 Provide adequate fire extinguishers on the premises during the course of construction, of the
type and sizes recommended by the NFPA and the Uniform Fire Code to control fires resulting
from the particular work being performed and instruct employees in their use. Place
extinguishers in the immediate vicinity of the work being performed, ready for instant use. In
the use of especially hazardous types of equipment, such as acetylene torches, welding
equipment, tar pots, kettles, etc., no work shall be commenced or equipment used unless fire
extinguishers of approved type and capacity are placed in the working area available for
immediate use by the workman using the above-mentioned equipment.
1.5.2 Provide at least one (1) operational standpipe to each level during construction as required by
Code.
1.6 TEMPORARY ENCLOSURES, BARRIERS AND FENCES
1.6.1 Provide and maintain all fences, barricades, lights, shoring and other protective structures or
devices necessary for the safety of workmen, equipment, the public and property as required by
State or municipal laws and regulations, local ordinances, laws and other requirements of the
County, State, and other authorities having jurisdiction with regard to safety precautions,
operation and fire hazards.
1.6.2 Provide and maintain pumping facilities, including power, for keeping the site, excavations and
structure free from accumulations of water at all times, whether from underground seepage,
rainfall, drainage or broken line.
1.6.3 Provide 6-foot high woven wire temporary fencing around the construction area as indicated in
the drawings and acceptable to the Owner or Owner's Representative. The approval of the fence
and its exact location will be made by the Owner or Owner's Representative. Fencing shall be
erected and secured in a manner to withstand the forces to which it may be subjected. Locate
gates for access to the areas as required. Close and lock all gates after normal working hours. A
duplicate set of keys to all gate locks shall be furnished by the Job Order Contractor to the
Owner or Owner's Representative. The fencing shall remain in place until its removal is
approved by Owner
1.7 SCAFFOLD, STAGING, ETC.
1.7.1 The work under each Section of these Specifications shall include providing, installing, and
maintaining all scaffold, staging, trestles, and planking necessary for the work under each
Section in strict conformity with applicable laws, ordinances, and maintenance of same so as
not to interfere with or obstruct the work of other trades. Additionally, the work under each
Section of these Specifications shall include providing all forms of protection necessary to
preserve the work of other trades free from damage. These provisions shall be considered as
though repeated under each separate Section of the Specifications.
1.8 TREE AND PLANT PROTECTION
1.8.1 Existing or newly planted vegetation, shrubs, trees, sidewalks, paving, etc., if present on the
site, shall, unless directly affected by the Work of this Contract, be protected against damage of
any kind. No diesel or gasoline engine shall be left running under trees. No vehicle shall be
allowed to pass over the feeder root system within the drip line unless approved by the Owner.
Work, storage and traffic areas shall be restricted to those areas immediately adjacent to the
construction site as outlined in the contract documents. Damage of any kind caused by the Work
of this Contract shall be repaired or replaced before final acceptance of the Project. The Job
Order Contractor shall provide water and protection barricades as required to maintain all trees,
plants, shrubs, existing site improvements, etc., designated to remain.
1.9 TRAFFIC CONTROL
1.9.1 The Job Order Contractor shall be responsible to provide all barricades, signs, lights, off-duty
police officers, fences, security instruments, flagmen, and all other traffic control devices and
personnel necessary to properly mark and control the construction area for the safe and efficient
movement of traffic. The Job Order Contractor will be responsible to maintain all traffic control
devices during construction and will be responsible for the removal of all traffic control devices
upon completion of the work as accepted by the DP.
1.9.2 All traffic controls measures shall conform to Section 401 of the MAG Uniform Standard
Specifications for Public Works Construction 1998, revised 2008, City of Phoenix Traffic
Barricade Manual, 2007 and the Manual of Uniform Traffic Control Devices. ***
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1.9.3 Whenever construction operations create a condition hazardous to the public in the opinion of
the Job Order Contractor or the Owner or Owner's Representative, the Job Order Contractor
shall furnish such flagmen and guards as necessary to provide adequate warning to the public of
any dangerous conditions.
1.9.4 Safety devices, flagmen and guards, while on duty shall conform to the applicable City, County
and State requirements. The Job Order Contractor will be responsible to immediately inform the
Owner or Owner's Representative of hazardous conditions.
1.10 NOISE, DEBRIS AND DUST CONTROL
1.10.1 Job Order Contractor shall develop and implement a Dust Control Plan as required under
Maricopa County Air Pollution Rules and Regulations.
1.10.2 All subcontractors engaged in dust-generating operations (land clearing, maintenance, land
cleanup, earthmoving, weed abatement, excavating, construction, demolition, bulk material
handling, storage/transporting operations, etc.) at a site that is subject to a Maricopa County
dust control pernfit Must Register Maricopa County Air Quality Department (MCAQD) and
pay an annual fee. For more information, visit the MCAQD website at
http://www.maricopa.gov/aq/divisions/compliance/dust/Default.aspx.
1.10.3 Exercise all possible care to control excessive noise and emissions during the construction.
1.10.4 All debris, etc., shall be removed from all pipe, pipe chases or other such remote and hidden
spaces prior to closing of said space.
1.10.5 Comply with regulatory requirements of ADEQ, MAG and in accordance with the Erosion and
Sedimentation Control plan.
1.10.6 Prevent polluting the air with dust and particulate matter to meet LEED Sustainable Sites
Prerequisite No. 1 in accordance with the Erosion and Sedimentation Control (ESC) plan. ***
1.11 DEMOLITION OF EXISTING STRUCTURES, ETC.
1.11.1 All structures, equipment, and other items owned by the County which are scheduled for
removal shall remain the property of the Owner unless otherwise noted in the contract
documents. The manner of dismantling, moving, storing or disposal shall be reviewed by the
Owner or Owner's Representative, prior to commencement of said activities, with the costs
being borne by the Job Order Contractor in the event of disposal. ***
1.12 FIELD OFFICE, STORAGE ENCLOSURES
1.12.1 Provide suitable temporary office facilities complete with telephone and furnishings, required
for the Job Order Contractor's administration of the Work in such locations as approved by the
Owner or Owner's Representative. Office space shall be kept clean by the Job Order Contractor.
1.12.2 The Job Order Contractor shall provide all storage enclosures required for his operations.
1.12.3 The Job Order Contractor shall furnish and install temporary enclosures, doors and transparent
plastic windows required to attempt to protect building from damage due to vandalism, or the
elements.
1.13 STAGING AREAS
1.13.1 The Job Order Contractor shall be responsible for meeting and conferring with the Owner or
Owner's Representative to determine the areas and limits of all staging areas that will occur
outside of the Site.
1.13.2 After the staging limit areas have been determined, the Job Order Contractor shall prepare and
submit to the Owner or Owner's Representative a detailed drawing of the fenced areas including
all traffic control devices if required.
1.13.3 The County will provide thirty (30) days' notice of any changes to this agreement, up to and
including request to vacate property. Relocation costs shall be the responsibility of the Owner.
1.13.4 Job Order Contractor may use area to temporarily store construction materials and park trailers,
construction equipment and employee vehicles. The Job Order Contractor shall not store
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
petroleum products, hazardous or toxic substances or flammable materials, or use the area for
storage of disabled or wrecked vehicles or for vehicle maintenance.
1.14 TEMPORARY FENCES AND BARRICADES
1.14.1 The Job Order Contractor will furnish, install and maintain all necessary temporary fences,
barricades, trench and hole covers, warning lights and all other safety devices necessary to
protect the public and prevent damage to property.
1.14.2 The entire construction and staging areas shall be fenced to control the limits of access of
personnel, equipment, storage and delivery of materials.
1.15 PROJECT SIGNS
1.15.1 Job Order Contractor and subcontractor signage, except for those specifically required by
Regulatory Agencies and/or safety measures, is prohibited unless approved by the owner prior
to installation.
1.15.2 Job Order Contractor shall provide and install a project information sign (to be coordinated with
Design Professional), before beginning construction to inform the public about the project.
Project sign shall include the names of all agencies participating in the project. Sign shall be
constructed in accordance with the "Project Sign Information" drawing provided in this section.
The sign shall be installed at the location approved by the Owner or Owner's Representative.
The Job Order Contractor shall maintain the sign as necessary, and update the information as
requested by the Owner or Owner's Representative. Updates to sign will be at the cost of the
Owner.
1.16 ACCESS TO PROJECT SITE
1.16.1 Authorized representatives of the City, County, State of Arizona and Owner shall have ready
access to project at all times, after checking in with the Job Order Contractor and attending
safety orientation as required by the Job Order Contractor.
1.16.2 Facility Entry/Exit Requirements shall be in accordance with provisions of Section 01 00 00 -
Site Use and Security Requirements.
1.17 TEMPORARY HEATING AND VENTILATING ***
A. Prior to operation of permanent equipment for temporary heating purposes, verify that
installation is approved for operation, equipment is lubricated and filters are in place.
1. If air handlers are used during construction, filtration media with a Minimum Efficiency
Reporting Value (MERV) of 8 must be used at each return air grills, as determined by
ASHRAE 52.2.1999. Verify with Mechanical Engineer prior to implementation.
2. Provide and pay for operation, maintenance, and regular replacement of filters and worn or
consumed parts.
B. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent
accumulation of dust, fumes, vapors, or gases.
C. Also see requirements for "Construction IAQ Management Plan" as specified elsewhere in this
Section.
1.18 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual specification
Sections.
B. Provide temporary and removable protection for installed products. Control activity in
immediate work area to minimize damage.
C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.
D. Protect fmished floors, stairs, elevators, and other surfaces from traffic, dirt, wear, damage,
or movement of heavy objects, by protecting with durable sheet materials.
E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is
necessary, obtain recommendations for protection from waterproofmg or roofmg material
manufacturer.
F. Prohibit traffic from landscaped areas.
1.19 PROTECTION OF EXISTING FACILITIES
In the event that that the Project involves nearby existing County facilities, Job Order Contractor shall
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
provide appropriate protection for such facilities. If such facilities are to be used by Job Order
Contractor, Owner shall approve in writing the Job Order Contractor's protection plan concerning such
use.
1.20 CONSTRUCTION IAQ MANAGEMENT PLAN (LEED EQ Credit No. 3.1)
A. Job Order Contractor shall reduce indoor air quality problems resulting from the
construction process, to help sustain the comfort and well-being of construction works and
building occupants.
B. Job Order Contractor shall develop and implement an Indoor Air Quality (IAQ)
Management Plan for the construction and preoccupancy phases of the building as follows:
1. During construction meet or exceed the recommended Control Measures of the Sheet
Metal and Air Conditioning National Contractors Association (SMACNA) IAQ
Guidelines for Occupied Buildings under Construction, 2' 1 Edition 2007,
ANSI/SMACNA 008-2008 (Chapter 3).
2. Protect stored on-site or installed absorptive materials from moisture damage
3. If permanently installed air handlers are used during construction, filtration media with
a Minimum Efficiency Reporting Value (MERV) of 8 shall be used at each return air
grille, as determined by ASHRAE 52.2-1999 (with errata but without addenda).
Replace all filtration media immediately prior to occupancy.
C. Refer to Section 01 77 00 for Construction IAQ Management Plan — Before Occupancy
(LEED EQ Credit No. 3.2).
D. Submittals:
1. Contractor shall submit a completed LEED-NC 2009 form with supporting data for
LEED EQ Credit No. 3.1 to Design Professional, to be included with the
comprehensive construction submittal. The following project data and calculation
information is required to document credit compliance using LEED-NC 2009
credit templates
2. Provide the following in accordance with the requirements of LEED Submittals in
accordance with applicable requirements of Section 01 33 00 — Submittal Procedures.
Verify these requirements with LEED-OnLine and include any additional submittals
required for EQ Credit No. 3.1 as per LEED-OnLine.
a. Submit copy of the Construction IAQ Management Plan highlighting the 5
requirements of SMACNA IAQ Guideline for Occupied Buildings under
Construction, 1995, Chapter 3 prior to start of construction.
b. Provide confirmation if permanently installed air handling equipment was used
during construction prior to substantial completion.
c. Provide photographs (digital format preferable), acceptable to Design
Professional, documenting construction IAQ management measures such as
protection of ducts and on-site stored or installed absorptive materials prior to
substantial completion.
d. Prior to substantial completion provide cut sheets of filtration media used during
construction and installed immediately prior to occupancy with MERV values
highlighted. Include list outlining all filtration media (manufacturer, model
number, MERV rating, location of installed filter and confirm that each was
replaced prior to fmal occupancy.
e. Provide a narrative describing any special circumstances or non-standard
approaches taken by project.
PART2 PRODUCTS (Not Used)
PART3 EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page I 68
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 57 13
***TEMPORARY EROSION AND SEDIMENT CONTROL ***
PART 1: GENERAL
1.01 SUMMARY
A. LEEDTM Certification:
1. Job Order Contractor shall ensure that the work provided under this section will provide the
construction activity pollution prevention required by the US Green Building Council
(USGBC) LEED (Leadership in Energy & Environmental Design) "Sustainable Sites"
Prerequisite. Achievement of this prerequisite requires the creation and implementation of
an Erosion and Sedimentation Control (ESC) Plan for all construction activities associated
with the project. The ESC Plan shall conform to the erosion and sedimentation
requirements of the 2003 EPA Construction General Permit, OR local erosion and
sedimentation control standards and codes, whichever is more stringent. The Plan shall
describe measures implemented to accomplish the following objectives:
a. Prevent loss of soil during construction by Stormwater runoff and/or wind erosion,
including protecting topsoil by stockpiling for reuse.
b. Prevent sedimentation of storm sewer or receiving streams.
c. Prevent polluting the air with dust and particulate matter.
2. The Construction General Permit (CGP) outlines the provisions necessary to comply with
Phase I and Phase II of the National Pollutant Discharge Elimination System (NP-DES)
program. While the CGP only applies to construction sites greater than 1 acre, the
requirements are applied to all projects for the purposes of this prerequisite. Infounation on
the EPA CGP is available at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm.
1.02 SUBMITTALS - LEED
A. Submit documentation to the Design Professional regarding erosion and sedimentation control
procedures followed, including; but not limited to; memos, letters, drawings, sketches and
photographs.
PART 2: PRODUCTS
2.01 MATERIALS
A. In accordance with Civil Drawings and Specifications
PART 3: EXECUTION
3.01 EXECUTION
A. In accordance with Civil Drawings and Specifications
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 60 00
*** PRODUCT REQUIREMENTS ***
PART 1: GENERAL
1.01 DELIVERY, STORAGE AND HANDLING
A. In accordance with Section 01 66 00 and as follows:
1. Deliver manufactured materials in the original packages, containers or bundles, with the seals
unbroken, identified by the name and mark of the Manufacturer.
2. Deliver fabrications in as large assemblies as practicable. Fabrications specified to be shop-primed
or shop-finished shall be packaged or crated as required to preserve such priming or fmish intact
and free from abrasion.
3. Store materials in a manner to properly protect from damage. Materials or equipment
damaged by handling, weather, dirt or other cause will not be acceptable.
4. Store materials so as to cause no obstructions. Store off sidewalks, roadways and underground
services. The Job Order Contractor shall be responsible for protecting materials and equipment
furnished under the Contract.
5. When a room in the Project is used as a shop or store room, the Job Order Contractor shall be
responsible for all repairs, patching or cleaning necessary due to such use. Location of such storage
space shall be subject to approval of the Design Professional.
B. Packaging shall be minimized whenever possible but shall not be reduced so as to cause damage to
materials or products. Packaging shall be recycled in accordance with the requirements of Section
01 74 19 - Construction Waste Management.
1.02 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Whenever a product is specified by using a proprietary name or the name of a particular Manufacturer
or Vendor, the specific item mentioned shall be understood as establishing type, function, dimension,
appearance, and quality desired.
B. Other manufacturers' products will be accepted provided sufficient information is submitted with
prior approval to allow the Design Professional to determine that products proposed are equivalent to
those named.
C. Substitutions (Prior Approvals and requests for approval after award of a contract): In accordance
with Section 01 25 00 — Substitution Procedures.
1.03 RECYCLED CONTENT
A. LEEDTM Certification: Job Order Contractor shall ensure that the work provided will include recycled
content materials to achieve Materials & Resources Credit 4.1 and 4.2 and Innovation in Design Credit
1.2 as outlined in Section 01 8113.
1. Credit 4.1 (one point) requires that the sum of post-consumer recycled content plus one-half of
the pre-consumer content constitutes at least 10% (based on cost) of the total value of the materials
in the project.
2. Credit 4.2 (one point) requires that the sum of post-consumer recycled content plus one-half of
the pre-consumer content constitutes and additional 10% beyond MR Credit 4.1 (total of 20%
based on cost) of the total value of the materials in the project.
3. Credit IDc1.2 (one point) requires that the sum of post-consumer recycled content plus one-half of
the pre-consumer content constitutes an additional 10% beyond MR Credit 4. 2 (total of 30% based
on cost) of the total value of the materials in the project.
B. Submittals In accordance with Section 01 81 13 — Special Procedures — LEED Certification.
C. Materials Containing Recycled Content:
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
1. Concrete and cementitious materials containing fly ash as specified in Section 03 05 05:
a. Section 03 30 00 - Cast-In Place Concrete
b. Section 04 05 15 - Mortar and Masonry Grout
c. Section 04 22 00 - Concrete Masonry Units
d. Section 09 24 00 - Portland Cement Plaster (Stucco).
2. Materials containing recycled steel:
a. Section 03 20 00 — Concrete Reinforcement
b. Section 05 10 00 — Structural Metal Framing
c. Section 05 31 00 — Steel Deck
d. Section 05 41 00— Load Bearing Metal Stud System
e. Section 05 50 00— Metal Fabrications
f. Section 07 60 00 — Flashing and Sheet Metal
g. Section 08 11 13 — Steel Doors and Frames
h. Section 09 22 16 — Metal Support Assemblies.
3. Other materials as specified throughout the Project Manual. (The following are examples)
a. Section 06 10 53 — Miscellaneous Carpentry
b. Section 06 40 00 — Architectural Woodwork
c. Section 07 53 16 — Single Ply Membrane Roofing
d. Section 08 41 13 - Aluminum Entrances and Storefronts
e. Section 08 44 00 — Glazed Aluminum Curtain Walls
f. Section 09 29 00 - Gypsum Board
g. Section 09 30 00 - Tile
h. Section 09 65 16 — Resilient Flooring
i. Section 09 51 00 — Acoustical Ceilings
j. Section 09 68 00 — Carpet Tile
k. Section 09 91 00— Paint.
4. Other materials as recommended by Job Order Contractor to achieve requirements specified in
Section 01 81 13.
5. Mechanical and electrical components shall not be included in the calculations for this Credit.
1.04 REGIONAL MATERIALS
A. LEEDTM Certification: Job Order Contractor shall ensure that the work provided will include regional
Materials to achieve Materials & Resources Credit 5.1 [and 5.21, and Innovation in Design Credit
1.2 as outlined in Section 01 8113.
1. Credit 5.1 (one point) requires that 10% of building materials (based on cost) have been
extracted, harvested or recovered, as well as manufactured, within 500 miles of the project.
a. Mechanical, electrical and plumbing components and specialty items such as elevators and
equipment shall not be included in this calculation.
b. Only include materials permanently installed in the project.
c. Furniture may be included, providing it is included consistently in MR Credits 3-7.
2. Credit 5.2 (one point) is to be achieved which requires that an additional 10% of the building
materials beyond MR Credit 5.1 (total of 20% based on cost) have been extracted, harvested or
recovered, as well as manufactured, within 500 miles of the project.
3. Credit IDc1.3 (one point) requires that an additional 10% of the building materials beyond MR
Credit 5.2 (total of 30% based on cost) have been extracted, harvested or recovered, as well as
manufactured, within 500 miles of the project.
B. Submittals: In accordance with Section 01 81 13 — Special Procedures — LEED Certification
C. Regional Materials
1. Earthwork and site utilities as specified in Section 31 01 00 - Earthwork.
2. Concrete and cementitious materials as specified in:
a. Section 03 30 00 — Cast-In Place Concrete
b. Section 04 05 15 — Mortar and Masonry Grout
c. Section 04 22 00 — Concrete Masonry Units
d. Section 09 24 00 — Portland Cement Plaster (Stucco).
3. Materials containing steel components that are locally fabricated:
a. Section 03 20 00 — Concrete Reinforcement
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
b. Section 05 10 00 — Structural Metal Framing
C. Section 05 31 00 — Steel Deck
d. Section 05 41 00 — Heavy-Gauge Metal Stud System
e. Section 05 50 00 — Load-Bearing Metal Stud System
f. Section 07 60 00 — Flashing and Sheet Metal
g. Section 08 11 13 — Steel Doors and Frames
h. Section 09 22 16 — Metal Support Assemblies.
4. Other materials as specified throughout the Project Manual. (The following are examples)
a. Section 06 10 53 — Miscellaneous Carpentry
b. Section 06 40 00 — Architectural Woodwork
c. Section 07 53 16— Single Ply Membrane Roofmg
d. Section 08 41 13 — Aluminum Entrances and Storefronts
e. Section 08 44 00— Glazed Aluminum Curtain Walls
f. Section 09 29 00— Gypsum Board
g. Section 09 30 00 — Tile
h. Section 09 51 00 - Acoustical Ceilings
1. Section 09 65 16 — Resilient Sheet Flooring
J. Section 09 68 00 - Carpet
k. Section 09 91 00 - Paint.
5. Other materials as recommended by Job Order Contractor to achieve requirements specified in
Section 01 8113.
6. Mechanical and electrical components shall not be included in the calculations for this Credit.
1.05 FSC WOOD
A. In accordance with Section 06 05 13 — FSC Certified Wood.
1.06 LOW-EMITTING MATERIALS
A. LEEDTM Certification: Job Order Contractor shall ensure that the work provided under this section
will provide Low-Emitting Materials to achieve Indoor Environmental Quality Credit 4.1, 4.2, 4.3,
and 4.4.
1. Credit EQc 4.1 requires that adhesives and sealants used on the interior of the building (defined
as inside of the weatherproofing systems and applied on-site) shall comply with the requirements of
the following reference standards:
a. Adhesives, Sealants and Sealant Primer: South Coast Air Quality Management District
(SCAQMD) Rule #1168. Job Order Contractor shall comply with VOC limits as required by
LEED OnLine to achieve this credit.
b. Aerosol Adhesives: Green Seal Standard for Commercial Adhesives GS-36 requirements in
effect on October 19, 2000. Job Order Contractor shall comply with VOC limits as required
by LEED OnLine to achieve this credit.
c. Materials that must comply with these requirements include, but are not limited to:
1) Adhesives specified in various sections of the specifications.
2) Sealants as specified in Section 07 92 00
2. Credit EQc 4.2 requires that paints and coatings used on the interior of the building (defined
as inside of the weatherproofmg systems and applied on-site) shall comply with the requirements of
the following criteria:
a. Architectural paints, coatings and primers applied to interior walls and ceilings: Do not
exceed the VOC content limits established in Green Seal Standard GS-11, Paint, First
Edition, May 20, 1993. Job Order Contractor shall comply with VOC limits as required by
LEED OnLine to achieve this credit.
b. Anti-corrosive and anti-rust paints applied to interior ferrous metal substrate: Do not exceed
the VOC content limit of 250 g/L established in Green Seal Standard GC-03, anti-Corrosive
Pints, Second Edition, January 7, 1997. Job Order Contractor shall comply with VOC limits as
required by LEED OnLine to achieve this credit.
c. Clear wood fmishes, floor coatings, stains, sealers and shellacs applied to interior elements:
Do not exceed the VOC content limits established in South Coast Air Quality Management
District (SCAQMD) Rule 1113, Architectural Coating, rules in effect on January 1, 2004.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
Job Order Contractor shall comply with VOC limits as required by LEED OnLine to achieve
this credit.
d. Materials that must comply with these requirements include, but are not limited to:
1) Primers for steel specified in Sections 05 20 00 and 05 50 00.
2) Stains and sealers specified in Section 06 40 00
3) Game line paints for athletic flooring specified in Sections 09 64 66 and 09 65 66.
4) Interior paints as specified in Section 09 91 00.
5) Other clear wood finishes, floor coatings, sealers and stains specified elsewhere in the
Project Manual.
3. Credit EQc 4.3 requires that:
a. Carpet installed in the building interior shall meet the testing and product requirements of the
Carpet and Rug Institute's Green Label Plus program.
b. Carpet cushion installed in the building interior shall meet the requirements of the Carpet and
Rug Institute Green Label program.
c. Carpet adhesive shall meet the requirements of EQ Credit 4.1. Job Order Contractor shall
comply with VOC limits as required by LEED OnLine to achieve this credit.
d. All hard surface flooring must meet the requirements of the FloorScore standard (current as
of the date of this rating system, or more stringent version) as shown with testing by an
independent third-party. Mineral- based finish flooring products such as tile, masonry,
terrazzo, and cut stone without integral organic-based coatings and sealants and
unfinished/untreated solid wood flooring qualify for credit without any IAQ testing
requirements. However, associated site-applied adhesives, grouts, finishes and sealers must
be compliant for a mineral-based or unfinished/untreated solid wood flooring system to qualify
for credit.
e. Concrete, wood, bamboo and cork floor finishes such as sealer, stain and finish must meet
the requirements of South Coast Air Quality Management District (SCAQMD) Rule 1113,
Architectural Coatings, rules in effect on January 1, 2004.
f. Tile setting adhesives and grout must meet South Coast Air Quality Management
District (SCAQMD) Rule 1168. VOC limits correspond to an effective date of July 1, 2005
and rule amendment date of January 7, 2005.
4. Credit EQc 4.4 requires that wood and agrifiber products used on the interior of the building
(defined as inside of the weatherproofing systems and applied on-site) must contain no added urea-
formaldehyde resins and that laminating adhesives used to fabricate on-site and shop-applied
composite wood and agrifiber assemblies shall contain no added urea-formaldehyde resins.
a. Materials that must comply with these requirements include, but are not limited to:
1) Composite wood products applied on-site inside the building weatherproofing systems
such as sheathing, doors, and other structural and non-structural applications.
2) Wood doors as specified in Section 08 14 00.
B. Submittals: In accordance with Section 01 8113— Special Procedures — LEED Certification.
END OF SECTION
FMD/JOC/GR § Page 173
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 70 00
CLOSEOUT REQUIREMENTS
PART 1 GENERAL
Li DESCRIPTION
1.1.1 General
1.1.1.1 Complete project closeout as indicated in accordance with the provisions of the
Contract Documents.
1.2 SUBSTANTIAL COMPLETION AND FINAL INSPECTION
1.2.1 Substantial Completion will not be certified until all Tests, Training, and Demonstrations specified
have been executed, and the provisions of the Contract for Construction Manager at Risk and
requirements established by individual Specification Sections have been successfully completed.
1.2.2 The Final Application for Payment will not be accepted and processed until the Owner or
Owner's Representative is satisfied that the Work is satisfactorily completed, including "punch list"
items and Commissioning Issues List; and that all manuals, documents, warranties, guarantees, and
Record Documents, as required by the Specifications, have been received and accepted by the Owner
or Owner's Representative. The executed AIA Documents G706 entitled "Contractor's Affidavit-
Payment of Debts/Claims" (or equivalent) and G707 entitled "Consent of Surety to Final Payment (or
equivalent)" shall accompany final Application for Payment.
1.3 FINAL ADJUSTMENT AND TESTS
1.3.1 Tests: When the Job Order Contractor is satisfied that all systems and equipment meet performance
and operational requirements directed by applicable codes, safety standards and these specifications,
the Job Order Contractor shall arrange a demonstration and test of all mechanical, electrical and other
operable equipment furnished for operating efficiency and for conformance to all specified
requirements and to all applicable regulations of any governing agency. Equipment shall be tested
under operating conditions; where possible, all safety devices shall be tested under simulated
emergency conditions. Where test results indicate a need for final adjustments, Job Order Contractor
shall make such adjustments and retest until test results indicate compliance.
1.3.2 All tests shall be scheduled through the Owner or Owner's Representative, and shall be witnessed by
the Owner or Owner's Representative and DP. The Job Order Contractor shall notify the Owner or
Owner's Representative and Design Professional of any scheduled tests at least seven (7) working
days in advance
1.3.3 Testing shall be in accordance with written procedures as described or developed by the Owner, the
DP or the Commissioning Authority.
1.3.4 Certificate of Occupancy: All required certificates of inspection, tests, or final approvals shall be
secured by the Job Order Contractor from the governing authority. Promptly deliver the Certificate of
Occupancy to the Owner or Owner's Representative.
1.4 WARRANTIES AND BONDS
1.4.1 Job Order Contractor's warranty will commence for all portions of the Construction Work upon
Substantial Completion of the entire Construction Work, unless stated otherwise in the Contract.
1.4.2 Job Order Contractor shall provide written warranties, guarantees, and bonds in favor of the Owner,
as required by respective sections of these Specifications, and arrange to commence at the date of
Substantial Completion of the project or date of installation of warranted item(s), whichever is later.
1.4.3 During the period of any warranty or guarantee, the Job Order Contractor shall provide services
within a reasonable time following a request by the Owner to do so in accordance with the Job Order
Contractor Contract. When the complete breakdown of a system or a piece of equipment occurs, the
service shall be performed promptly. The service shall be provided during normal working hours,
unless otherwise specified herein. Should the listed service agency fail to perfoim the service in a
reasonable amount of time, the Job Order Contractor shall provide the service through any other
agency that will comply.
1.5 EXTRA MATERIAL INVENTORY
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Serial # 1505140C ; Project Title Job Order Contractor for Parks and Recreation .
1.5.1 Upon Substantial Completion of the Contract Work, provide the Owner with extra materials (i.e.,
spare parts, etc.) as identified in respective sections of the Specifications. Deliver to the Owner when
and as directed by the Owner or Owner's Representative, providing a written detailed inventory
including a signed receipt from the Owner or Owner's Representative.
1.6 MAINTENANCE AND OPERATION MANUALS
1.6.1 Job Order Contractor shall review the Operation and Maintenance Manuals required in the
Specifications and provide two (2) hard copies and four (4) CD Disk sets of final information
reflecting any changes from the initial submittal.
1.7 PROJECT RECORD DOCUMENTS
1.7.1 The Job Order Contractor shall provide a complete set of Project As-Built Documents, as defined in
Section 01 78 39.
1.7.2 The set of Project As-Built Documents shall be maintained at the job site and readily available
for inspection by the Owner or Owner's Representative, and DP. All changes shall be legibly marked
and kept current.
1.7.3 Upon Substantial Completion of the project Work, submit one (1) copy of the As-Built hardcopies
and one (1) copy of as-builts electronically as PDF's to the Design Professional for review, approval
and incorporation into the electronic record documents. The electronic file shall be full color scans (if
applicable) of As-Built hardcopies. If available, supply auto-cad and BIM models. ***
1.8 PROJECT DIRECTORY
1.8.1 Provide a hardcopy list and a Microsoft Excel 2007 compatible spreadsheet of all known major
material/equipment suppliers and subcontractors, identified by name, address, telephone number, and
contact person. Excel file shall be submitted on archival quality media as specified by the Owner. ***
1.9 DEMONSTRATIONS AND TRAINING
See Section 01 79 00 (Equipment Demonstration and Owner Personnel Instruction.
1.10 PROJECT CLOSEOUT SUBMITTALS
1.10.1 At the time of Substantial Completion, the Job Order Contractor shall deliver to the Owner or
Owner's Representative, the following items as described previously in this section:
Project Directory
As-Built Drawings
Maintenance and Operation Manuals
Extra Material Inventory
Warranties and Bonds
Certificate of Occupancy
Record photographs
Owner Training.
1.11 POST CONSTRUCTION INSPECTION
1.11.1 Two (2) months prior to expiration of the warranty period, the DP will make visual inspection of
the Project in company of the Owner or Owner's Representative, and Job Order Contractor to
determine whether correction of Work is required.
1.11.2 The DP will promptly notify Job Order Contractor of any observed deficiencies.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page I 75
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 71 23
*** FIELD ENGINEERING **
PART 1 GENERAL
1.1 RELATED DOCUMENTS
1.1.1 Drawings and general provisions of the Contract, including General Conditions and Division 1
Specification Sections, apply to this Section.
1.2 DESCRIPTION
1.2.1 This Section describes requirements for verifying, establishing and maintaining construction grades,
lines, levels and monuments as indicated within the contract documents.
1.3 GENERAL
1.3.1 The Job Order Contractor shall, before commencing Work, verify all grades, lines, levels and
dimensions indicated and report any errors or inconsistencies to the Owner or Owner's
Representative. The Job Order Contractor shall not proceed until such errors or inconsistencies are
corrected or meet Owner or Owner's Representative's modified requirements.
1.3.2 Provide construction staking and surveying from base lines, grades, and benchmarks shown on
the plans. Under no circumstances will the Job Order Contractor be granted a time extension to
this contract due to the lack of construction survey information. Any discrepancies in design of base
lines and grades revealed in construction operations shall be brought to the Owner or Owner's
Representative's attention immediately for correction or clarification.
1.3.3 The Job Order Contractor shall establish and maintain all construction grades, lines, levels and
bench marks and shall be responsible for the accuracy and protection of the same. This work shall be
accomplished by a licensed civil engineer or surveyor. Protect all temporary bench marks and
maintain them in place for the duration of the Contract or until such time as their removal does
not affect completion of the Project.
1.3.4 Do not remove any property line markers or monuments or data established by the Owner. If such
are damaged or removed, the Job Order Contractor shall bear cost of replacement.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION (Not Used)
END OF SECTION
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
SECTION 01 73 29
CUTTING AND PATCHING
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Cutting, fitting and patching, including attendant excavation and backfill required to complete Work, and
for:
1. Making several parts fit together properly.
2. Uncovering portions of Work to provide for installation of ill-timed Work.
3. Removing and replacing defective and non-confouning Work.
4. Removing samples of installed Work required for testing, as directed by Design Professional.
5. Providing routine penetrations of non-structural surfaces for installation of piping and electrical
conduit.
6. Attaching new materials to existing remodeling areas, or removing existing materials / assemblies /
finishes.
1.02 SUBMITTALS
A. In advance of executing any cutting or alterations, submit written request to Design Professional
and Owner requesting consent to proceed with cutting which affects:
1. Work of Owner or other trades.
2. Structural value or integrity of any element of Project.
3. Areas of existing building outside the described limit of work as may be required for connecting to
existing utilities.
4. Integrity or effectiveness of weather-exposed or moisture-resistant elements or systems.
5. Efficiency, operational life, maintenance or safety of operational elements.
6. Visual qualities of sight-exposed elements.
B. Include in Request
1. Identification of Project.
2. Description of affected Work including affected drawings and specifications.
3. Necessity for cutting, alteration or excavation.
4. Effect on Work of Owner or other trades, or structural or weatherproof integrity of Project
5. Description of proposed Work:
a. Scope of cutting, patching, alteration, or excavation.
b. Trades which will execute Work.
c. Products proposed to be used.
d. Extent of refinishing to be done.
6. Alternatives to cutting and patching.
7. Cost proposal, when applicable.
8. Written permission of trades whose Work will be affected.
9. If structure is to be affected, include engineer's sealed approval.
C. Submit advanced written notice to Design Professional designating reasonable time Work will be
uncovered to provide for observation.
1.03 PAYMENT FOR COSTS
A. Cost caused by ill-timed or defective Work or Work not conforming to Contract Documents, including
costs for additional services of Design Professional and Engineer to be paid by Job Order Contractor.
B. Cost of Work done on written instructions of Design Professional, other than defective or nonconfoiming
Work, will be paid by Owner on approval of written Change Order. Provide C.O.R. prior to proceeding
with cutting and patching.
PART 2 PRODUCTS
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2.01 MATERIALS
A. Provide for replacement of Work removed. Comply with Contract Documents for type of Work
standards and Specification requirements for each specific product involved.
B. If preexisting facilities are affected, replace or repair with identical (or approved) materials and
workmanship.
PART 3 EXECUTION
3.01 INSPECTION
A. Inspect existing conditions of Work, including elements subject to movement or damage during cutting
and patching, and excavating and backfilling. After uncovering Work, inspect conditions affecting
installation of new products and verify procedures with Design Professional.
B. Report unsatisfactory or questionable conditions in writing to Design Professional. Do not proceed
with Work until further instructions are received.
3.02 PREPARATION
A. Provide shoring, bracing and supports as required to maintain structural integrity of Work. B. Provide
devices and methods to protect other portions of Work from damage, including elements which may
be exposed by cutting and patching Work. Maintain excavations free from water.
3.03 ERECTION, INSTALLATION AND APPLICATION
A. Performance:
1. Execute fitting and adjustment of products to provide finished installation to comply with and
match specified tolerances and fmishes.
2. Execute cutting and demolition by methods which prevent damage to other Work to provide proper
surfaces to receive installation of repairs and new Work.
3. Execute excavating and backfilling by methods which prevent damage to other Work and
settlement as specified in Section 31 01 00. ***
B. Employ original installer or fabricator to perform cutting and patching for:
1. Weather-exposed surfaces and moisture-resistant elements such as roofing, sheet metal, sealants and
waterproofmg.
2. Sight-exposed finished surfaces.
C. Execute fitting and adjustment of products to provide a finished installation to comply with specified
products, functions, tolerances and finishes as shown on Drawings and as specified.
D. Fit Work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. Conform to
fire code requirements for penetrations and maintain integrity of fire walls and ceilings.
E. Restore Work which has been cut or removed. Install new products to provide completed Work in
accordance with requirements of Contract Documents and as required to match surrounding areas and
surfaces.
F. Refinish entire surfaces as necessary to provide an even, matching finish as follows:
1. Painted Walls or Ceilings: To nearest intersection with another finish or corner.
2. Where Applied Finishes Occur (i.e wallcovering, tile, wood paneling): To nearest intersection of
finish without damage to adjacent material. Where match of pattern, grain, texture, or similar finish
cannot be made, refinish area to intersection with other fmish or corner.
3. Manufactured or Shop Fabricated Materials: Replace entire affected surface or material.
END OF SECTION
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SECTION 01 74 00
*** CLEANING ***
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 General
1.1.1.1 Furnish all labor, materials, tools, equipment, and services for clean up as required in
conjunction with Work performed, in accordance with provisions of Contract Documents.
1.1.1.2 Coordinate with Work of all other trades.
1.1.1.3 Although such Work is not specifically indicated, furnish and install supplementary or
miscellaneous items, appurtenances, and devices incidental to or necessary for a complete
clean up.
1.1.2 Fire Protection
1.1.2.1 Store volatile waste in covered metal containers.
1.1.2.2 Remove volatile waste from premises daily.
PART 2 PRODUCTS
2.1 CLEANING MATERIALS
2.1.1 Use materials recommended by manufacturers of surfaces to be cleaned.
2.1.2 Use cleaning materials only on surfaces recommended by cleaning material manufacturer or by the
manufacturer of surface to be cleaned.
PART 3 EXECUTION
3.1 GENERAL
3.1.1 Clean all items installed under this Contract and any affected preexisting facilities.
3.1.1.1 Leave free of stains, damage, or other defects prior to final acceptance.
3.1.1.2 Include washing; sweeping and polishing of all finished wall surfaces, floors, windows,
hardware, mirrors, lighting fixtures and equipment items.
3.1.1.3 Replace damaged or defaced items not acceptable to Owner or Owner's Representative,
to Owner's or Owner's Representative's satisfaction at no additional expense to Owner.
3.1.2 See Specification Sections for additional cleaning requirements. *"
3.2 DURING CONSTRUCTION
3.2.1 Each Contractor must:
3.2.1.1 Clean up all waste materials, rubbish, and debris resulting from Contractor's operations
daily.
3.2.1.2 Oversee cleaning and ensure that the construction site is maintained free from
accumulations of debris.
3.2.1.3 At reasonable intervals, minimum once a week, clean up entire site of excess debris and
dispose of debris off-site.
3.2.1.4 Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from
interior and exterior surfaces of fixtures, hardware, and equipment.
3.2.1.5 Repair, patch, and touch-up marred surfaces to match adjacent finishes damaged by Job
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Order Contractor's operations.
3.2.1.6 Comply with additional requirements defmed in specifications.
3.2.1.7 Vacuum interior areas when ready for painting.
3.2.1.8 Schedule cleaning operations so that contaminants resulting from cleaning do not fall on
wet painted surfaces.
3.2.1.9 Should the Job Order Contractor fail to keep the Site free from debris, trash and
construction wastes as required, after written request by the Owner or Owner's
Representative, then the Owner, after twenty-four (24) hours, shall have the authority to
provide clean-up services and deduct said services from the Job Order Contractor's Contract.
3.3 FINAL CLEANING
3.3.1 At completion of construction, just prior to acceptance or occupancy, perfoiin final cleaning.
3.3.2 Use cleaning products that meet the Green Seal GS-37 standard, if applicable, OR if GS-37 is not
applicable (e.g., for products such as carpet cleaners, floor fmishes or strippers), use products that
comply with the California Code of Regulations maximum allowable VOC levels, or equivalents.
3.3.3 Use Vacuum cleaners that meet the requirements of the Carpet & Rug Institute "Green Label" Testing
Prop-am—Vacuum Cleaner Criteria and are capable of capturing 96% of particulates 0.3 microns in size
3.3.4 Use experienced workmen or professional cleaners for fmal cleaning.
3.3.5 Remove dirt, stains, labels, and foreign materials.
3.3.6 Repair and touch-up marred areas.
3.3.7 Broom clean paved surfaces; rake clean other surfaces of grounds; vacuum and mop floors.
END OF SECTION
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SECTION 01 74 19
*** CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ***
PART 1 GENERAL
1.01 SUMMARY
A. The Owner has established that this Project shall minimize the creation of construction demolition
waste on the job site.
1. Factors that contribute to waste such as over packaging, improper storage, ordering error, poor
planning, breakage, mishandling, and contamination, shall be minimized
2. Of the inevitable waste that is generated, as many of the waste materials as economically
feasible shall be reused, salvaged, or recycled.
3. Waste disposal in landfills shall be minimized
B. LEEDTM Certification: Job Order Contractor shall ensure that the work provided under this section will
provide Construction Waste Management to achieve Materials & Resources Credit 2, options 1 and 2 and
Innovation & Design Process Credit 1.2.
1. Credit MRc2 , optionl (one point) requires recycling and/or salvaging at least 50% of non-hazardous
construction and demolition. Develop and implement a construction waste management plan that,
at a minimum, identifies the materials to be diverted from disposal and whether the materials will
be sorted on-site or commingled
2. Credit MRc2, option 2 (one point) requires recycling and/or salvaging of an additional 25%
beyond MR Credit 2, optionl (75% total) of non-hazardous construction and demolition debris.
3. Credit IDc1.2, exemplary performance (one points) requires recycling and/or salvaging of an
additional 20 % beyond MR Credit 2, option 2 (95% total of non- hazardous construction and
demolition debris.
4. Excavated soil and land-clearing debris does not contribute to this credit.
5. Calculations can be done by weight or volume, but must be consistent throughout.
1.02 DEFINITIONS
A. Construction Waste: Debris that is either the result of demolition, or is discarded material generated in
the construction process. (Note that for LEED documentation excavated soil, land clearing debris, and
hazardous waste are excluded from consideration in the calculations.)
B. Diversion from the waste stream: For the purposes of LEED MR Credit 2—Construction Waste
Management, waste is considered diverted if it is transported to a recycling facility. The weight of
crushed asphalt and concrete may be tallied as diverted material if it is used in another project,
including as fill; note that an inert landfill is not currently considered to be a diversion.
C. Recycling Facility: A business that specializes in collecting, sorting, handling, processing, distributing or
remanufacturing waste materials into products or materials that can be used by others. A materials
recovery facility (MRF) is a type of recycling facility that typically sorts and stockpiles co-mingled
recyclables for pick-up and reuse by others.
D. Co-Mingled Recyclables: Recyclable materials that are collected together in a single bin or dumpster
and which are sorted into separate materials offsite, typically by an MRF.
E. Recovery Rate: The percentage of co-mingled recyclables that is actually recovered, sorted and
made available for reuse. Recovery rates (also called diversion rates) differ among MRFs.
F. Contamination: A load of waste material may be rejected due to contamination by containing too much
foreign matter including moisture. Each recycling facility sets its own standards and conditions for
accepting collected waste materials. Contaminated recyclables typically become trash and end up being
dumped in the land fill.
1.03 SUBMITTALS
A. Construction Waste Management Plan: Within 15 days from date of Notice To Proceed submit a draft
of the Plan for review by the Owner's LEED consultant and approval by the Owner. Utilize the plan
template furnished by the LEED Consultant or a comparable plan template with elements congruent with
this Section. Submit the completed, approved plan prior to or concurrent with the first payment
application. The approved Plan establishes the approved Construction Waste Management Program and
will identify the following items:
1. Responsible Parties: Identify Personnel who will manage the program, research diversion options,
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educate on-site personnel, collect and coordinate data, prepare monthly reports, and compile the
final report including the LEED-Online template.
2. Materials Diverted: Identify the types of waste created on the project which may include Asphalt,
Concrete, Masonry, Metal, Wood Pallets, Plastics, Glass, Cardboard, and Paper, Gypsum Wallboard,
Carpet and Pad Paint and Salvaged items.
3. Method of Diversion: Identify who the hauler will be and requirements for "Condition of Material"
for example whether wood must be free of nails. For reusable materials identify the location and
method of removing the materials from the site.
4. Space and collection requirements: Determine number and type of collection bins required and
storage areas needed for the separate materials to be collected, and prepare a site plan showing the
layout. Plan the layout to optimize vehicular and pedestrian access, to encourage compliance with
the program goals, and to discourage contamination of recyclables.
5. Signage: Describe signage for the collection areas to maximize effectiveness of program.
6. Training of Subcontractors.
7. Method of evaluating progress and identifying non-compliance issues.
8. Determine government requirements applicable to waste management, especially for hazardous
waste
B. Diversion Rate Reports: At project meetings each month, present a one page overview report on the
program's progress to help the project team assess whether the CVVM Program is on track. Progress
Reports will contain the following information:
1. Current rate of diversion as a percentage of the total waste
2. Projections estimating future diversions
3. Upcoming tasks requiring team collaboration
4. Possible opportunities for reuse of materials
C. LEED Closeout Submittals: Upon substantial completion of the Project, Contractor shall:
1. Provide Final Waste Diversion Rate
2. Upload to LEED Online narrative summary of measures used to recycle construction waste
3. Upload to LEED Online the types of waste diverted, the amount and method of removal for all
waste.
4. Narrative of insights gained for managing future CWM Programs
1.04 MEETINGS
A. Refer to Meetings in Section 01 81 13 - LEED Requirements for details regarding training and orientation
for both the Contractor and Subcontractors.
1.05 SUBMITTALS — LEED
A. The Contractor shall submit a completed LEED-NC 2009 form and supporting documentation for
LEED MRc2.1, MRc2.2 and IDc1.2 to the Design Professional to be included with the comprehensive
"Construction Submittal." The following project data and calculation infoimation is required to
document credit compliance using LEED-CI version 2.0 credit templates:
1. Complete the construction waste calculation tables in the submittal template. The following info
will be required to complete these tables: general description of each type/category of waste
generated; location of receiving agent (recycler/landfill) for water; quantity of waste diverted (by
category) in tons, or cubic yards.
2. Provide a narrative describing the project's construction waste management approach. The narrative
shall include the project's Construction Waste Management Plan. Provide additional comments or
notes to describe special circumstances or considerations regarding the project's credit approach.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION
3.01 WASTE MANAGEMENT PLAN IMPLEMENTATION
A. Plan Distribution: The Contractor shall provide copies of the Waste Management Plan to the Job Site
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Foreman, each Subcontractor, the Owner, and the Design Professional.
B. Instruction: The Contractor shall provide on-site instruction of appropriate separation, handling, and
recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the
Project.
C. Meetings: Contractor shall conduct Construction Waste Management meetings. Meetings shall include
subcontractors affected by the Waste Management Plan. At a minimum, waste management goals and
issues shall be discussed at the following meetings:
1. Pre-bid meetings.
2. Pre-construction meeting.
3. Regularly scheduled job-site meetings.
D. Separation facilities: The Contractor shall designate a specific area or areas to facilitate separation of
materials for potential reuse, salvage, recycling, and return. Recycling and waste bin areas are to be kept
neat and clean and clearly marked in order to avoid commingling of materials. Bins shall be protected
during non-working hours from off-site contamination.
E. Materials Handling Procedures: Materials to be recycled shall be protected from contamination, and
shall be handled, stored and transported in a manner that meets the requirements set by the designated
facilities for acceptance.
1. Clean contaminated materials prior to placing in collection containers.
2. Deliver materials free of dirt, adhesives, solvents, petroleum contamination, and other substances
deleterious to recycling process.
3. Arrange for collection by or delivery to the appropriate recycling or reuse facility.
F. Hazardous wastes: Hazardous wastes shall be separated, stored and disposed of according to local
regulations.
G. Food Wastes: Food wastes (including packaging and wrappers) shall be properly disposed of immediately
and shall be removed daily to minimize or eliminate the attraction of animals.
3.02 WASTE MANAGEMENT OPERATIONS
A. The following waste categories, at a minimum, shall be separated and diverted from landfill.
Appropriately sized, separate collection bins or containers, labeled (in both English and Spanish) for
the particular waste categories identified below, shall be provided as follows:
1. Wood:
a. Clean dimensional wood, palette wood
b. Plywood, OSB, and particleboard
2. Concrete, Bricks and Concrete Masonry Units (CMU). Materials in this category shall be crushed on-
site and reused as aggregate when feasible
3. Asphaltic Concrete
4. Cardboard, paper, packaging
5. Cement fiber products (shingles, panels, siding)
6. Asphalt roofing shingles
7. Metals
a. Ferrous
b. Aluminum
c. Other \non-ferrous
8. Gypsum Drywall (unpainted). (This is may be used on site as compost)
9. Paint
10. Rigid Foam
11. Glass
12. Plastics (#1 and #2)
a. Polyethylene terephthalate (PET) (#1)
b. High-density polyethylene (HDPE) (#2)
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13. Carpet and Pad
14. Acoustical ceiling tiles
15. Beverage containers
16. Insulation
17. Others as appropriate.
B. Recycling/Reuse Centers: Implement a recycling/reuse program that includes separate collection of
Reusable building materials, including (but not necessarily limited to) lumber, structural steel,
miscellaneous hardware and plumbing and electrical fixtures. The following is a partial list for
contractor's information only. For more information, contact the Integrated Solid Waste Management
Office, Arizona Depaitment of Environmental Quality.
1. Reusable Building Materials
a. Stardust Bldg Supplies, Inc. (non-profit), 1720 West Broadway Road, Mesa, AZ; (480) 668-0566.
b. Salvage Depot, 6516 NW Grand Ave, Phoenix, AZ 85031; (602) 931-4115.
c. Habitat for Humanity, (800) HABITAT.
2. Asphalt: For information on recycling/reuse of asphalt, contact the Asphalt Recycling and Reclaiming
Association (410) 267-0023.
3. Concrete and other paving materials
a. (occasionally) Western Block Co., 4021 S. 19th Ave, Phoenix, AZ; (602) 243-9275
b. (occasionally) United Metro Materials, 3640 S. 19th Ave, Phoenix, AZ; (602) 262-1466
4. Metals
a. National Metals Co., 320 S. 19th Ave., Phoenix, AZ; (602) 258-8074
b. Phoenix Metals Trading, 610 S. 19th Ave., Phoenix, AZ; (602) 257-4660
c. Davis Salvage Co , 3337 E Washington St, Phoenix, AZ 85034; (602) 267-7208
5. Wood (lumber)
a. UE Recycling, 3330 W. Broadway, Phoenix, AZ; (602) 268-8849
b. (occasionally) Stone Container, 6902 W. Northern, Glendale, AZ; (602) 264-4655
c. Wood Recycling, Inc. (www.woodrecycling.com)
6. Wood (trees, etc.)
a Wood Industries Co., Phoenix, AZ; (602) 237-3131
b. Wood Recycling, Inc. (www.woodrecycling.com)
7. Office paper: Arizona Pacific Pulp & Paper, 302 S 28th St, Phoenix, AZ 85034; (602) 220-9200.
8. Plastic and mixed paper: Arizona Center for the Blind and Visually Impaired Recycling Center
(non-profit) 302 S 28th St, Phoenix, AZ 85034; (602)267-8740.
9. Cardboard, Newsprint and some plastics: Weyerhaeuser Co, 301 S 30th St, Phoenix, AZ 85034;
(602) 225-0560.
10. Plastics Only:
a. Plastic Recovery Industries Inc. 2101 NW Grand Ave, Phoenix, AZ (602) 340-0040
b. National Environmental Waste, 4330 N. 39th Ave, Phoenix, AZ (602) 415-8229
c. (information) Vinyl Environmental Resource Center of the Vinyl Institute; (800) 969-8469
d. (information) American Plastics Council (800) 2-HELP-90.
11. Plastic "peanut" packing materials:
a. Mail Boxes Etc, 2303 N 44th St, Phoenix, AZ 85008; (602) 840-3020
b. (information) The Association of Foam Packaging Recyclers (202) 974-5351.
12. Mixed Office (Jobsite) Recyclables: Curbside Recycling, 3027 E. Madison, Phoenix, AZ; (602) 225-
0020.
13. Rechargeable batteries: Milwaukee Electric Tool Corp, 405 E Watkins, Phoenix, AZ 85004; (602)
256-7210.
14. Glass bottles: BIRP, 619 S 3rd St, Phoenix, AZ 85004; (602) 253-6920.
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15. Used Paint and Used Paint Cans:
a._ Green Paint Company (800) 527-8866.
b. (public and private agencies only) Major Paint Company (310) 542-7701.
c. (paint cans only - information) Steel Can Recycling Institute (SCRI); (800) 937-1226
16. Fluorescent and HID lamps and ballasts.
a. AERC.com, Inc., Hayward, CA (800) 628-3675, www.aercrecycling.com
b. Ecolights Northwest, Seattle, WA (206) 343-1247, www.ecolights.com
c. Environmental Light Recyclers, Inc., Fort Worth, TX (800) 755-4117.
d. Full Circle Recyclers, Bronx, NY (800) 775-1516, www.fcrecyclers.com
e. HTR-Group, Lake Ozark, MO (888) 537-4874, wvvw.htr-group.com
f. Institution Recycling Network, Concord, NH (603) 229-1962, wvvw.ir- network.com .
g. Northeast Lamp Recycling, Inc., East Windsor, CT (860) 292-1992
h. Onyx special Services, Port Washington, WI (800) 556-5267, www.superiorserv.com .
END OF SECTION
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SECTION 01 77 00
*** CLOSEOUT PROCEDURES - IAQ ***
PART 1 GENERAL
1.01 CONSTRUCTION IAQ MANAGEMENT PLAN (LEED EQ Credit No. 3.2)
A. Flush-out (Option 1): In conjunction with the Design Professional and the Mechanical Engineer,
develop and implement an Indoor Air Quality (IAQ) Management Plan for pre- occupancy phase per one
of the following:
1. After construction ends, prior to occupancy and with all interior finishes installed, perform a
building flush-out by supplying a total air volume of 14,000 cu. ft. of outdoor air per sq. ft. of floor
area while maintaining an internal temperature of at least 60 degrees F and relative humidity no
higher than 60%.
2. If occupancy is desired prior to completion of the flush-out, the space may be occupied
following delivery of a minimum of 3,500 cu. ft. of outdoor air per square foot of floor area to
the space. Once a space is occupied, it shall be ventilated as a minimum rate of 0.30 cfm / sq.ft. of
outside air or the design minimum outside air rate determined by EQ Prerequisite 1, whichever is
greater. During each day of the flush-out period, ventilation shall begin a minimum of 3 hours prior to
occupancy and continue during occupancy. Those conditions shall be maintained until a total of
14,000 cu. ft./sq. ft. of outside air has been delivered to the space.
B. Air Quality Testing (Option 2):
1. Conduct baseline indoor-air-quality testing, after construction ends and prior to occupancy, using
testing protocols consistent with the EPA's "Compendium of Methods for the Determination of Air
Pollutants in Indoor Air," and as additionally detailed in the USGBC's "Green Building Design and
Construction Reference Guide."
2. Demonstrate that the contaminant maximum concentrations listed below are not exceeded:
a. Foinialdehyde: 27 ppb.
b. Particulates (PM10): 50 micrograms/cu. m.
C. Total Volatile Organic Compounds (TVOC): 500 micrograms/cu. m.
d. 4-Phenylcyclohexene (4-PH): 6.5 micrograms/cu. m.
e. Carbon Monoxide: 9 ppm and no greater than 2 ppm above outdoor levels.
3. For each sampling point where the maximum concentration limits are exceeded, conduct additional
flush-out with outside air and retest the specific parameter(s) exceeded to indicate the requirements
are achieved. Repeat procedure until all requirements have been met. When retesting noncomplying
building areas, take samples from same locations as in the first test.
4. Air-sample testing shall be conducted as follows:
a. All measurements shall be conducted prior to occupancy but during normal occupied hours,
and with building ventilation system starting at the normal daily start time and operated at the
minimum outside air flow rate for the occupied mode throughout the duration of the air testing.
b. Building shall have all interior fmishes installed including, but not limited to, millwork, doors,
paint, carpet, and acoustic tiles. Non-fixed furnishings such as workstations and partitions are
encouraged, but not required, to be in place for the testing.
c. Number of sampling locations varies depending on the size of building and number of
ventilation systems. For each portion of building served by a separate ventilation system, the
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number of sampling points shall not be less than one per 25,000 sq. ft. or for each contiguous
floor area, whichever is larger, and shall include areas with the least ventilation and greatest
presumed source strength.
d. Air samples shall be collected between 3 and 6 feet from the floor to represent the breathing
zone of occupants, and over a minimum four- hour period.
C. The Job Order Contractor shall submit a completed LEED-NC 2009 form and supporting
documentation for LEED EQc3.2 to the Design Professional to be included with the comprehensive
"Construction Submittal." (see Section 01 81 13). The following project data and calculation
infaimation is required to document credit compliance:
1. Confirmation regarding the approach taken by the project (pre-occupancy flush-out, flush-out with
early occupancy; IQ testing.)
2. A copy of the Project's IAQ Report (if applicable).
3. A narrative describing the project's specific flush-out procedures and/or IAQ testing process
and results.
END OF SECTION
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SECTION 01 78 36
WARRANTIES
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Division 1
Specification Sections, apply to this Section.
1.2 DESCRIPTION
A. Provide written warranties, guarantees, bonds or service contracts for products and installations, for the
period(s) indicated.
B. Provide manufacturer's warranties or guarantees for products.
1. Where manufacturer's standard warranties or guarantees expire before expiration date required by
Contract Documents, obtain and pay for warranty or guarantee extensions, at no additional cost to
Owner.
C. Provide all warranties, guarantees, bonds or service contracts prior to final acceptance.
D. Provide Owner or Owner's Representative a copy of each warranty, guarantee, bond or service contract
issued. Submit with each of the foregoing an information sheet for Owner's personnel which includes:
1. Effective dates or period.
2. Proper procedures in the event of failure.
3. Instances which might affect the validity of warranties, bonds or service contracts.
4. Identify of contract persons in the event of claims
E. Submit all warranties, guarantees, bonds or service contracts identified by specification section and
equipment identification used in operating and maintenance data.
F. In the event of a warranty-work-notice to the Job Order Contractor, requiring work to be done, Job Order
Contractor will coordinate with Subcontractors and Suppliers to accomplish the work.
1.3 RELATED WORK SPECIFIED ELSEWHERE
A. Technical Specifications: Divisions 02 through 48.
B. Execution and Closeout Requirements: Section 01 70 00 - (especially I 1.81 therein).
C. Project Record Documents: Section 01 78 39.
D. Equipment Demonstration and Owner Personnel Instruction: Section 01 79 00.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
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SECTION 01 78 39
*** PROJECT AS-BUILT AND RECORD DOCUMENTS ***
PART 1 GENERAL
1.1 Description
1.1.1 Work Included:
1.1.1.1 Throughout progress of the Work of this Contract, the Job Order Contractor shall timely
maintain an accurate record of all changes in the Construction Documents (drawing and
specifications)per Contract, and as described in Part 3.1 below.
1.1.1.2 For the purpose of this Section, the updated set of Construction Documents (drawing and
specifications) per Paragraph 1.1.1.1 above shall be known as the Project As-Built
Documents.
1.1.1.3 As-Built Drawings are produced by the Job Order Contractor and shall refer to all
changes recorded on the As-Built Drawings, as defmed in relevant sections of the Contract.
1.1.1.4 Record Drawings and Specifications as defined in Section 2.1.2 are produced by the Design
Professional.
1.1.2 Related Work described elsewhere:
1.1.2.1 Shop Drawings, Project Data, and Samples: Section 01 33 23.
1.1.2.2 Progress Payment Procedures: Section 01 29 76 ***
1.1.2.3 Execution and Closeout Requirements: Section 01 70 00.
1.2 Quality Assurance
1.2.1 General. Maintenance of the Project As-Built Documents shall be the responsibility of one person on
the Job Order Contractor's staff as approved in advance by the Owner or Owner's Representative.
1.2.2 Accuracy of Records: Thoroughly coordinate all changes within the Project As- Built Documents,
making adequate and proper entries in red ink on each page of Specifications and each sheet of
Drawings and other Documents where such entry is required to properly show the change. The
Project As-Built Documents shall reflect all changes due to Addenda issued at bidding time and
Change Order items during construction, whether added or deleted. The Change Order and Addenda
items shall be properly referenced by number. Accuracy of records shall be such that future searches
for items shown in the Contract Documents may reasonably rely on information obtained from the
approved Project Record Documents.
1.2.3 Timing of Entries: Make all entries within three days following completion of change.
1.2.4 The DP, and the Owner or Owner's Representative shall examine the Project As- Built Documents at
selected intervals to assure Job Order Contractor compliance for updating entries. Should the Job
Order Contractor fail to satisfy the requirements of this Section, the Owner may withhold the Job
Order Contractor's monthly Application for Payment until said requirements are satisfied.
1.3 Submittals
1.3.1 General: The DP and the Owner or Owner's Representative's approval of the current status of
Project As-Built Documents will be a prerequisite to the DP and Owner's or Owner's Representative's
acceptance of Job Order Contractor's Progress Payment Applications and fmal Application for
Payment under the Contract.
1.3.2 Final Submittal. Prior to submitting final Application for Payment, submit the fmal Project As-Built
Documents required by Contract to the DP and secure DP's approval.
1.4 As Built Documents
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1.4.1 Use all means necessary to maintain the job set of Project As-Built Documents completely protected
from deterioration and from loss and damage until completion of the Work and transfer of the
recorded data to the final Record Documents. In the event of loss of recorded data, use all means
necessary to secure the data to the Owner's or Owner's Representative's approval; such means shall
include, if necessary in the opinion of the Owner or Owner's Representative, removal and
replacement of concealing materials and, in such case, all replacements shall be to the standards
originally specified in the Contract Documents.
PART 2 PRODUCTS
2.1 As-Built Drawings ***
2.1.1 The DP will provide the Job Order Contractor with a set of reproducible drawings, of the
Construction Documents, at Job Order Contractor's expense. Seals and signatures of Registrants shall
be completely removed and/or permanently obscured. The DP will furnish the Job Order Contractor
one set of the REVIT model and AutoCAD Drawings bound with all external reference of the
Construction Drawings for use in recording information.
2.1.2.1 Seals and signatures of Registrants shall be completely removed and/or permanently
obscured.
2.1.2.2 DP makes no representations as to the accuracy or completeness of CAD Drawings as they
relate to the Contract Drawings
2.1.2.3 The Contact Drawings are available in REVIT and AutoCAD for Microsoft Windows XP.
As Built Drawings prepared by the Job Order Contractor shall be in the same software
version.
2.1.2.4 Organize CAD information into separate electronic files that correspond to each sheet of the
Contract Drawings. Name each file with the sheet identification. Include identification in
each CAD file.
2.1.2 Final Record Documents:
2.1.2.1 Upon Substantial Completion of the Work, submit the job set of Project As-Built
Documents to the DP for review.
2.1.2.2 Record Drawings: Upon DP's approval of the Project As-Built Documents, the DP shall
prepare a full set of corrected drawings of the Contract Drawings, CAD Drawings, Shop
Drawings, and RFI' s. These corrected drawings shall be called the "Record Drawings."
2.1.2.2.1 DP shall incorporate changes and additional information previously marked
on As Built Drawings. Erase, redraw, and add details and notations where
applicable.
2.1.2.2.2 DP shall organize into unbound sets matching As-Built Drawings.
2.1.2.2.3 DP shall prepare Record Drawings in AutoCAD and REVIT for the project per
the requirements of the Design Professional Contract.
2.1.2.2.4 Seals and signatures of the registrant Design Professional shall not be placed
on Record Drawings and Specifications.
2.1.2.2.5 Record Documents shall be free of revision clouds.
2.1.2.3 Record Specifications: Submit one copy of Project Specifications, including addenda and
contract modifications. Where Owner selects one of several alternates specified or
installation varies from that indicated, mark copy to indicate the actual product installed.
Bind in volumes as appropriate.
2.1.2.3.1 Mark copy with the proprietary name and model number of products, materials,
and equipment furnished, including substitutions and product options selected.
2.1.2.3.2 Note related Change Orders and Record Drawings.
2.1.2.3.3 In addition to the requirements of 2.1.3.3, submit the Record Specifications in
Adobe Acrobat foimat on electronic media formatted for Windows XP. Also
submit one set of back-up media.
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2.1.2.2.4 Seals and signatures of the registrant Design Professional shall not be placed on
Record Drawings and Specifications.
2.1.2.2.5 Record Documents shall be free of revision clouds.
2.1.2.4 Miscellaneous Record Submittals: Bind or file miscellaneous records with identification
labels clearly visible.
PART 3 EXECUTION
3.1 Maintenance of Job Set
3.1.1 Identification. Immediately upon receipt of the job set described in 2.1.1 above, identify each of the
Documents with the title "AS-BUILT DRAWINGS—JOB SET".
3.1.2 Preservation
3.1.2.1 Considering the Contract completion time, the probable number of occasions upon which
the job set must be taken out for new entries and for examination, and the conditions under
which these activities will be performed, devise a suitable method for protecting the job set
to the approval of the Owner or Owner's Representative.
3.1.2.2 Do not use the job set for any purpose except entry of new data and review by the
DP and Owner or Owner's Representative, until start of transfer of data to final Record
Drawings.
3.1.2.3 Maintain the job set at the site of Work as designated by the Owner or Owner's
Representative.
3.1.3 Making entries on As-Built Drawings. Using an erasable colored pencil (not ink or indelible pencil),
clearly describe the change by note and by graphic lines, as required. Date all entries and
incorporate entry from Subcontractor following completion of change. Call attention to the entry by a
"cloud" around the area or areas affected. In the event of overlapping changes, different colors may be
used for each of the changes.
3.1.4 Making Entries on other Project Documents
3.1.4.1 Where changes are caused by directives issued by the DP, or Owner, or Owner's
Representative clearly indicate the change by note in ink, colored pencil, or rubber stamp.
3.1.4.2 Where changes are caused by Job Order Contractor -originated proposals approved by the
Owner or Owner's Representative, or DP, including inadvertent errors by the Job Order
Contractor, which have been accepted by the Owner, clearly indicate the change by note
in erasable colored pencil.
3.1.4.3 Make entries in the pertinent Project Documents as approved by the
Owner or Owner's Representative.
3.1.5 Conversion of schematic layouts:
3.1.5.1 In most cases on the Drawings, arrangement of conduits and circuits, piping, ducts, and
other similar items, is shown schematically and is not intended to portray precise physical
layout. Final physical arrangement is as determined by the Job Order Contractor, subject to
the DP's approval. However, design of future modifications of the facility may require
accurate information as to the fmal physical arrangement of items which are shown only
schematically on the Drawings.
3.1.5.2 Information contained in the As-Built Drawings shall include, but not be limited to:
3.1.5.2.1 Actual installation where actual installation varies from original drawings
3.1.5.2.2 Location of underground pipes, conduits, ducts, cables and similar work,
dimensioned horizontally to penuanent points of reference and located vertically
by indicating depth of burial. Dimensions shall be accurate within +6 inches.
3.1.5.2.3 Location of plumbing piping, sprinkler piping, control valves, heating and air
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conditioning equipment, mechanical piping, ductwork, major conduit runs,
power, control and alarm wiring, etc., dimensioned horizontally to permanent
points of reference. Dimensions shall be accurate within 6 inches.
3.1.5.2.4 Modifications made to accommodate field conditions.
3.1.5.2.5 Location of mechanical and electrical control devices and shut-off valves.
3.1.5.2.6 Final circuiting of electrical fixtures and equipment.
3.1.5.2.7 Record and check the markup before enclosing concealed installations.
3.1.5.2.8 Change Order numbers and similar identification where applicable.
3.1.5.3 The DP may waive the requirements for conversion of schematic data where, in the
DP's judgment, such conversion serves no beneficial purpose. However, no such waivers are
effective unless specifically issued in writing by the DP.
3.1.6 Timing of entries. Be alert to changes in the Work from how it is shown in the Contract Documents.
Promptly, within three days following completion of the change, make the entry or entries required.
3.1.7 Accuracy of entries. Use all means necessary, including the proper tools and necessary labor for
measurement, to determine actual locations of the installed items.
3.2 Final Project As-Built Documents
3.2.1 The purpose of the fmal Project As-Built Documents is to provide factual information regarding all
aspects of the Work, both concealed and visible, to enable future modification of the Work to
proceed without lengthy and expensive site measurement, investigation, and examination.
3.2.3 The Owner shall not authorize final payment to the Job Order Contractor until all Final Project
As-Built Documents have been submitted and approved by the Owner and DP.
3.3 Record Drawings
3.3.1 Upon approval of the Project As-Built Documents, the DP shall prepare Record Drawings.
END OF SECTION
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SECTION 01 78 43
*** SPARE PARTS AND MAINTENANCE MATERIALS ***
PART 1 GENERAL
1.1 RELATED DOCUMENTS
1.1.1 Drawings and general provisions of the Contract, including General Conditions and Division 1
Specification Sections (General Requirements), apply to this Section.
1.2 DESCRIPTION
1.2.1 General:
1.2.1.1 This Section describes methods for documenting spare parts and maintenance materials as
indicated, in accordance with the provisions of the Contract Documents.
1.2.1.2 See Specification Sections for items required.
1.3 SUBMITTALS (SEE SECTION 01 33 23)
1.3.1 Spare parts and tools.
1.3.2 Maintenance.
1.3.3 Extra materials (attic stock).
PART 2 PRODUCTS
2.1 SPARE PARTS AND TOOLS
2.1.1. Package in clearly identified boxes, as follows:
2.1.1.1 Indicate manufacturer's name, part name and stock number.
2.1.1.2 Indicate what the piece of equipment part or tool is for.
2.1.1.3 Indicate name, address, and phone number of closest supplier.
2.2 MAINTENANCE MATERIALS
2.2.1. Package in clearly identified boxes.
2.2.1.1 Indicate trade name and stock number.
2.2.1.2 Indicate which item material is to be used with.
2.2.1.3 Indicate name, address, and phone number of closest supplier.
2.3 EXTRA MATERIALS (ATTIC STOCK)
2.3.1 Package in clearly identified container, or install where indicated.
2.3.1.1 Indicate trade name, stock number, size, color, etc.
2.3.1.2 Indicate where product is to be used.
2.3.1.3 Indicate name, address, and phone number of closest supplier.
2.3.2. Coordinate extra stock for specific items per the instruction of the Owner or Owner's
Representative.
PART 3 EXECUTION
3.1 DELIVERY
3.1.1. Deliver to Owner at time of substantial completion, unless Owner requests earlier delivery.
3.1.2. Extra stock materials are not to be used for completion of punch list items.
END OF SECTION
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SECTION 01 79 00
*** EQUIPMENT DEMONSTRATION AND OWNER PERSONNEL INSTRUCTION ***
PART 1 GENERAL
1.1 RELATED DOCUMENTS
1.1.1 Drawings and general provisions of the Contract, including General Conditions and Division 1
Specification Sections, apply to this Section.
1.2 DESCRIPTION
1.2.1 Provide demonstrations and instructions for all equipment and systems for which operating and
maintenance data is required. See individual sections.
1.3 QUALITY ASSURANCE
1.3.1 Instructors Member(s) of installers' staff and authorized representative(s) of component, assembly, or
system manufacturer(s). See individual sections for additional requirements.
1.4 SUBMITTALS
1.4.1 Schedule of Demonstrations. Submit to Owner or Owner's Representative for approval at least two (2)
weeks prior to first demonstration. The schedule shall be approved by the Owner, (taking into account
the availability of personnel to be trained).
1.4.2 List of instructors and schedule of instruction. Submit to Owner or Owner's Representative for
approval at least two (2) weeks prior to first instruction period.
1.5 JOB CONDITIONS
1.5.1 Complete demonstrations prior to Substantial Completion. Coordinate with procedures for Substantial
Completion to provide separate demonstrations.
1.5.2 Complete all instruction prior to Final Completion.
PART 2: PRODUCTS (Not Used)
PART 3: EXECUTION
3.1 PREPARATION
3.1.1 Do not begin demonstrations until the component, assembly or system being demonstrated has been
tested as specified and is in satisfactory operating condition. The Owner may elect to videotape any
and/or all demonstrations.
3.1.2 Do not begin instruction until demonstration is complete.
3.1.3 Assemble instructional aids.
3.1.4 Have operating and maintenance manuals available for use during instruction per the requirements of
Section 01 93 13.
3.2 DEMONSTRATION
3.2.1 Operate satisfactorily, in presence of Owner or Owner's Representative, and Design Professional, each
system and item of equipment, including accessories.
3.2.2 Replace defective work or material.
3.2.3 Repeat demonstration until defects are eliminated
3.3 INSTRUCTION
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3.3.1 Instruct Owner's personnel in operation and maintenance of equipment and systems.
3.3.1.1 Provide all necessary instruction to satisfaction of Owner.
3.3.2 Explain use of operating and maintenance manuals.
3.3.3 Tour building areas involved and identify:
3.3.3.1 Maintenance points and access.
3.3.3.2 Control locations and equipment.
3.3.4 Explain operating sequences.
3.3.4.1 Identify location and show operation of all necessary parts used to start, stop and adjust
systems.
3.3.4.2 Explain use of flow diagrams, operating sequence diagrams.
3.3.4.3 Demonstrate operation through complete control cycle and full range of operation in all
modes, including testing and adjusting relevant to operation.
3.3.5 Explain use of control equipment, including temperature settings, switch modes, available adjustments,
ring of gauges and functions that must be serviced only by authorized factory representatives.
3.3.6 Explain troubleshooting procedures.
3.3.6.1 Demonstrate commonly occurring problems.
3.3.6.2 Note procedures that must be performed by factory personnel
3.3.7 Explain maintenance procedures and requirements.
3.3.7.1 Point out items requiring periodic maintenance.
3.3.7.2 Demonstrate typical preventive maintenance procedures and recommended typical
maintenance intervals.
3.3.7.3 Demonstrate other commonly occurring maintenance procedures not part of preventive
maintenance program.
3.3.7.4 Identify maintenance materials to be used.
3.3.8 Furnish all tools required.
3.3.9 For each trade or system involved in Equipment Demonstration and Owner Personnel Instruction,
provide sixteen (16) working-time hours allowance for call- back training and/or consultation. The
sixteen (16) hours are to be considered actual on-site training time regardless of the number of experts
and/or technicians required. If and when needed, these additional training sessions will be scheduled by
the Owner.
3.3.10 Document attendance at all training sessions
3.3.11 Record all training sessions on digital video, per Owner's requirements. ***
END OF SECTION
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SECTION 01 81 13
*** SUSTAINABLE DESIGN REQUIREMENTS ***
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Procedures required of the Job Order Contractor to ensure that construction procedures
and documentation required for US Green Building Council (USGBC) / Green Building Certification
Institute (GB CI) LEED Certification are provided.
1.02 DEFINITIONS
A. LEED Green Building Rating System:
1. "LEED": Leadership in Energy and Environmental Design.
2. "USGBC": US Green Building Council. See Section 01 42 00 - References.
3. "GB CI": Green Building Certification Institute.
B. Prerequisite: Requirements which must be met in order to achieve LEEDTM Certification. Non-
compliance with any prerequisite may be cause for failure of Certification and is not acceptable.
1.03 SYSTEM DESCRIPTION
A. LEEDTM Certification:
1. The LEED Green Building Rating SystemTM is a voluntary, consensus-based, market-driven
building rating system based on existing proven technology. It evaluates environmental perfoimance
from a whole building perspective over a building's life cycle, providing a definitive standard for
what constitutes a "green building".
2. The development of LEED Green Building Rating SystemTM was initiated by the USGBC
Membership, representing all segments of the building industry and has been open to public scrutiny.
3. In 2008, the review of the submittals for building certification was changed to the GBCI.
4. LEEDTm is a measurement system designed for rating new and existing commercial, institutional,
and residential buildings. It is based on accepted energy and environmental principles and strikes a
balance between known established practices and emerging concepts. It is a performance-oriented
system where credits are earned for satisfying criterion designed to address specific environmental
impacts inherent in the design, construction and O&M of buildings. Different levels of green
building certification are awarded based on the total credits earned. The system is designed to be
comprehensive in scope, yet simple in operation.
5. There are a total of 110 points available in the LEED-NC v3 (2009) rating system.
a. 40 points are required for a building to be LEED Certified.
b. 50 points: "Silver Level" rating.
c. 60 points: "Gold Level" rating.
d. 80 points: "Platinum Level" rating
6. The Owner of this project intends to achieve a Silver Level rating, however, achievement of a
higher rating may be possible.
7. Some prerequisites/credits are related to the design of the project (or are not applicable to the
project) and are not related to materials and workmanship during the course of construction and
therefore are not included in the requirements for this specification section, including:
a. Sustainable Sites Credit No. 1 - Site Selection.
b. Sustainable Sites Credit No. 2 — Development Density & Community Connectivity
c. Sustainable Sites Credit No. 3 - Brownfield Redevelopment: (Not applicable)
d. Sustainable Sites Credit No. 4.1 - Alternative Transportation, Public Transportation Access.
e. Sustainable Sites Credit No. 4.4 - Alternative Transportation, Parking Capacity.
f. Sustainable Sites Credit No. 5.1 — Protect or Restore Habitat.
g. Sustainable Sites Credit No. 5.2 — Site Development, Maximize Open Space.
h. Sustainable Sites Credit No. 7.1 — Heat Island Effect, Non-Roof.
i. Sustainable Sites Credit No. 8.0 - Light Pollution Reduction. (Not applicable)
j. Water Efficiency Credit No. 1.2 — Water Efficient Landscaping, No Potable Use or No
Irrigation. (Not applicable)
k. Energy and Atmosphere Credit No. 4 — Enhanced Refrigerant Management. (Not applicable)
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1. Energy and Atmosphere Credit No. 5 - Measurement and Verification. (TBD)
m. Energy and Atmosphere Credit No. 6 - Green Power. (TBD)
n. Materials and Resources Prerequisite - Storage and Collection of Recyclables.
o Materials and Resources Credit No. 1.1 - Building Reuse. (Not applicable)
p Materials and Resources Credit No. 1.2 - Building Reuse. (Not applicable)
q. Materials and Resources Credit No. 3 — Materials Reuse. (Not applicable)
r. Materials and Resources Credit No. 6 — Rapidly Renewable Materials. (Not applicable)
s. Indoor Environmental Quality (EQ) Prerequisite No. 2 —Environmental Tobacco Smoke
(ETS) control: Zero exposure of nonsmokers to ETS will be provided by prohibition of
smoking in the building.
t. Indoor Environmental Quality (EQ) Credit No. 2 - Increased Ventilation. (Not applicable)
u. Indoor Environmental Quality (EQ) Credit No. 7.2 - Thermal Comfort, Verification.
v. Indoor Environmental Quality (EQ) Credit Nos. 8.1 and 8.2 — Daylighting & Views. (TBD)
w Innovation and Design Process Credit No. 1.1. Exemplary Performance - Materials and
Resources Credit No. 2 — Construction Waste Management -95% (in accordance with Section 01
74 19).
x Innovation and Design Process Credit No. 1.2. Exemplary Performance — Materials and
Resources Credit No. 4 — Recycled Content — 30% (in accordance with Section 01 60 00).
Y. Innovation and Design Process Credit No. 1.3. Exemplary Performance — Materials and
Resources Credit No. 5 — Regional Materials — 30% (in accordance with Section 01 60 00).
z Innovation and Design Process Credit No. 1.4. Educational Display.
aa. Innovation and Design Process Credit No. 1.5. (TBD).
ab. Innovation and Design Process Credit No. 2 - LEEDTM Accredited Professional.
ac. Regional Priority Credit No 1.1 — SSc2 — Community Connectivity.
ad. Regional Priority Credit No 1.2 — WEc3 — Water Use Reduction (30%).
ae. Regional Priority Credit No 1.3 — SSc4.4 — Parking Capacity.
af. Regional Priority Credit No 1.4 — SSc7.1 — Heat Island Effect — Non-roof.
B. LEED Prerequisites: Job Order Contractor shall provide construction procedures and documentation
required to ensure US Green Building Council (USGBC) / Green Building Certification Institute (GBCI)
LEED Certification can be achieved for each of the following prerequisites.
1. Sustainable Sites Prerequisite — Construction Activity Pollution Prevention: In accordance with
requirements of Section 01 57 13 - Erosion and Sedimentation Control and Civil Engineering
drawings and specifications.
2. Water Efficiency Prerequisite No. 1 - Water Use Reduction. This project is designed with
numerous innovative water usage reduction technologies as indicated on the Drawings and as
specified in the applicable sections of the Civil and Plumbing specifications. To achieve this
prerequisite it is the intent of the design to employ strategies that in aggregate use 20% less water
than the water use baseline calculated for the building (not including irrigation) after meeting Energy
Policy Act of 1992 fixture performance requirements. Note that this 20% aggregate is exceeded to
achieve the requirements for Water Efficiency Credits 3.1 and 3.2.
3. Energy and Atmosphere Prerequisite 1 - Fundamental Commissioning of the Building Energy
Systems: In accordance with Section 01 91 00 - Commissioning.
4. Energy and Atmosphere Prerequisite No. 2 - Minimum Energy Performance . This project is
designed with numerous technologies to minimize energy usage as indicated on the Drawings and
as specified in the applicable sections of the specifications. Job Order Contractor shall be aware
that it is the intent of the design to demonstrate a 10% improvement in the proposed building
performance rating compared with the baseline building performance rating required by
ASHRAE/IESNA 90.1-2007 or the local energy code, whichever is more stringent. Note that this
10% is exceeded to achieve the requirements for Energy and Atmosphere Credit 1.
5. Energy and Atmosphere Prerequisite No. 3 — Fundamental Refrigerant Management: This project is
designed to have zero use of CFC-based refrigerant in new base building HVAC&R systems as
indicated on the Drawings and as specified. Job Order Contractor shall be aware that NO
SUBSTITUTION will be allowed for equipment using CFC-based refrigerant.
6. Indoor Environmental Quality (EQ) Prerequisite No. 1 - Minimum IAQ Performance. This project
is designed with numerous technologies to establish minimum indoor air quality (IAQ) performance
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to enhance indoor air quality in the buildings, as indicated on the Drawings and as specified in
the applicable sections of the specifications. Job Order Contractor shall be aware that it is the intent
of the design to meet (or exceed as may be required to achieve additional points) the minimum
requirements of Sections 4 through 7 of voluntary consensus standard ASHRAE 62.1-2004,
Ventilation for Acceptable Indoor Air Quality.
C. LEED Credits: Job Order Contractor shall provide construction procedures and documentation
required to ensure US Green Building Council (USGBC) / Green Building Certification Institute (GBCI)
LEED Certification can be achieved for each of the following credits, unless noted "not applicable to this
project."
1. Sustainable Sites Credit No. 4.2 - Alternative Transportation, Bicycle Storage and Changing Room:
In accordance with Section 12 93 13 — Bicycle Racks, Division 22 (Plumbing) and as indicated on
Drawings.
2. Sustainable Sites Credit No. 4.3 - Alternative Transportation, Low-Emitting & Fuel Efficient
Vehicles.
a. In accordance with Pavement Markings and Signage as indicated on Drawings.
b. In accordance with Section 10 14 00 — Signage.
3. Sustainable Sites Credit No. 7.2 — Heat Island Effect — Roof: In accordance with Section 07 52 16.
4. Water Efficiency Credit No. 1.1 - Water Efficient Landscaping: Reduce by 50%: In accordance
with Landscape Drawings and Specifications.
5. Water Efficiency Credit No. 2 - Innovative Wastewater Technologies. (TBD)
6. Water Efficiency Credit No. 3 - Water Use Reduction. This project is designed with numerous
innovative water usage reduction technologies as indicated on the Drawings and as specified in the
applicable sections of the Civil and Plumbing specifications. Job Order Contractor shall be aware that
it is the intent of the design to employ strategies that in aggregate use a minimum of 30% (40% if
possible) less water than the water use baseline calculated for the building (not including irrigation)
after meeting Energy Policy Act of 1992 fixture perfolmance requirements. If possible, water use
reduction up to 40% should be achieved.
7. Energy and Atmosphere Credit No. 1 - Optimize Energy Performance: This project is designed with
numerous technologies to minimize energy usage as indicated on the Drawings and as specified in the
applicable sections of the specifications. Job Order Contractor shall be aware that it is the intent of
the design to reduce design energy cost compared to energy cost budget for regulated energy
components described in the requirements of ASIIRAE/IESNA 90.1-2007 by a minimum of 22% as
demonstrated by a whole building simulation. If possible, energy savings up to 48% should be
achieved.
8. Energy and Atmosphere Credit No. 2 — On-Site Renewable Energy. In accordance with Section
48 14 00 — Solar Energy Electrical Power Generation Equipment. It is anticipated that up to 5% of
the building annual energy cost will be provided.
9. Energy and Atmosphere Credit No. 3 — Enhanced Commissioning: In accordance with Section 01
91 00— Commissioning.
10. Materials and Resources Credit No. 2 - Construction Waste Management: In accordance with
Section 01 74 19 - Construction Waste Management and Disposal.
11. Materials and Resources Credit No. 4 — Recycled Content: In accordance with Section 01 60 00 —
Product Requirements.
12. Materials and Resources Credit No. 5 — Regional Materials: In accordance with Section 01 60 00 —
Product Requirements.
13. Materials and Resources Credit No. 7 - Certified Wood: In accordance with Section 06 05 13 -
FSC Certified Wood
14. Indoor Environmental Quality (EQ) Credit No. 1 — Outdoor Air Delivery Monitoring: In
accordance with Mechanical Drawings and Specifications.
15. Indoor Environmental Quality (EQ) Credit No. 3.1 - Construction IAQ Management Plan, During
Construction: In accordance with construction IAQ management plan as specified in Section 01 50
00 — Temporary Facilities and Controls.
16. Indoor Environmental Quality (EQ) Credit No. 3.2 - Construction IAQ Management Plan, Before
Occupancy: In accordance with Section 01 77 00— Closeout Procedures.
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17. Indoor Environmental Quality (EQ) Credit No. 4.1, 4.2, 4.3 and 4.4 - Low Emitting Materials: In
accordance with Section 01 60 00— Product Requirements.
18. Indoor Environmental Quality (EQ) Credit No. 5 - Indoor Chemical and Pollutant Source Control:
(TBD)
a. This credit requires that permanent entryway systems be provided which is at least 10 feet long
in the primary direction of travel to capture dirt and particulates entering the building at regularly
used exterior entrances.
b. Where hazardous gases or chemicals may be present or used (including garages,
housekeeping/laundry areas and copying/printing room), exhaust each space sufficiently to
create negative pressure with respect to adjacent spaces with the doors to the room closed. For
each of these spaces, provide self-closing doors and deck to deck partitions or a hard lid
ceiling. The exhaust rate shall be at least 0.5 cfm/sq.ft., with no air re- circulation. The pressure
differential with the surrounding spaces shall be at least 5 Pa (0.02 inches of water gauge)
on average and 1 Pa (0.004 inches of water) at a minimum when the doors to the rooms are
closed.
c. In mechanically ventilated building, provide regularly occupied areas of the building with air
filtration media prior to occupancy that provide a Minimum Efficiency Reporting Value
(MERV) of 13 or better. Filtration shall be applied to process both return and outside air that is
to be delivered as supply air.
d. Provide containment (i.e. a closed container for storage for off-site disposal in regulatory
compliant storage area, preferably outside the building) for appropriate disposal of hazardous
liquid wastes in places where water and chemical concentrate mixing occurs (e.g., housekeeping,
janitorial and science laboratories).
19. Indoor Environmental Quality (EQ) Credit No. 6.1 - Controllability of Systems, Lighting:
Provide lighting controls as indicated on Drawings and as specified in Division 26. (TBD)
20. Indoor Environmental Quality (EQ) Credit No. 7.1 - Thermal Comfort: Comply with ASHRAE
Standard 55-2004, Thermal Comfort Conditions for Human Occupancy in accordance with
Mechanical Drawings and Specifications.
1.04 SUBSTITUTIONS
A. In accordance with Section 01 35 43.
1.05 PRECONSTRUCTION MEETING
A. In accordance with Section 01 35 43.
1.06 SUBMITTALS
A. LEEDTM Submittal Documentation:
1. Upon completion of the Project, the Owner will be making a submission to the GBCI for
certification. This submission will require documentation provided by the Job Order Contractor.
2. Throughout the Project Manual, various submission requirements are specified that shall be
collected and compiled into a separate file by the Job Order Contractor prior to, during, and after the
course of construction.
3. The documentation shall be neatly organized and tabbed according to the listing outlined under
"System Description" specified herein and as identified in the each specification section.
4. LEED-Online:
a. At the time of Project Registration during the design phase of the project, the project team
identified a Project Administrator, who has assigned design team members to each applicable
LEED prerequisite/credit.
b. Upon execution of Contract, the Job Order Contractor will be invited to participate in the LEED-
Online process. Job Order Contractor shall accept the assignments and shall cooperate and
participate in the preparation of the LEED Templates at no additional cost to the Owner.
c. Once each prerequisite/credit is completed, the responsible team member shall upload the data
required for that prerequisite/credit's form on LEED-Online. The Project Administrator will track
the status of all attempted credits in "Credit Scorecard & Status" and submit the project for
review at the appropriate time. The Project Administrator will provide familiarization assistance
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to the Job Order Contractor, however, the Job Order Contractor will be responsible for the
training of Job Order Contractor's personnel in the usage of LEED-Online.
d. Credits marked as "Construction" will be submitted and reviewed by USGBC/GBCI after
the substantial completion of construction. The USGBC/GBCI will review and mark each credit
as either "Credit Achieved" or "Credit Denied". Project submittals will be reviewed and
project teams may be contacted for clarification or a short explanation of the rationale for
claiming the credit and meeting the credit intent.
e. Should clarification be required of a prerequisite or credit assigned to the Job Order Contractor,
the Job Order Contractor shall provide the required response to that clarification request by
GBCI.
f. The design/construct team will receive a ruling on every credit that is submitted, with a
brief explanation of why any credits were denied. The certification review process will be
documented in the LEED-Online exclusively.
g. Appeals: If a Prerequisite assigned to the Job Order Contractor be denied, the Job Order
Contractor shall appeal the denial at no additional cost to Owner. The appeal process shall be
completed so that the prerequisite is attained.
B. Fundamental Commissioning of the Building Energy Systems- Energy and Atmosphere Prerequisite:
Provide submittals in accordance with Section 01 91 13 — Commissioning General Requirements.
C. Construction Waste Management - Materials and Resources Credit 2: Provide submittals as specified in
Section 01 74 19 - Construction Waste Management and Disposal.
D. Recycled Content:
1. Materials and Resources Credit 4.1: Provide the following.
a. Product data submittals, in accordance with the requirements of Section 01 33 00— Submittals
and as specified in the various specification sections, highlighting recycled content (as
defmed in Section 01 60 00) materials.
b. Provide spreadsheet of all materials used on the project highlighting recycled content
materials. Include the percentage of post-consumer and post-industrial recycled content for
recycled content materials, the costs of all materials for the project, and calculations
demonstrating that sum of post-consumer recycled content plus one-half of the pre- consumer
content constitutes at least 10% (based on cost) of the total value of the materials in the project.
2. Materials and Resources Credit 4.2: Provide the following.
a. The submittals required for Credit 4.1.
b. Provide spreadsheet of all materials used on the project highlighting recycled content
materials. Include the percentage of post-consumer and post-industrial recycled content for
recycled content materials, the costs of all materials for the project, and calculations
demonstrating that sum of post-consumer recycled content plus one-half of the pre- consumer
content constitutes an additional 10% beyond MR Credit 4.1 (total of 20% based on cost) of the
total value of the materials in the project.
3. Innovation and Design Process Credit 1.2: Provide submittals listed for MRc4.1 and 4.2 showing
that 30% total (based on cost) of the materials provide recycled content as stipulated above.
4. Mechanical, electrical and plumbing components and specialty items such as elevators shall not be
included in calculations for this credit. Only include materials permanently install in the project.
E. Regional Materials:
1. Materials and Resources Credit 5.1: Provide the following.
a. Product data submittals, in accordance with the requirements of Section 01 33 00— Submittals
and as specified in the various specification sections, highlighting regional (as defined in Section
01 60 00) materials.
1) Location of the manufacturer must be verified by a product cut sheet or letter from the
manufacturer.
2) Manufacturer information shall state the location of extraction, harvest or recovery
of all components used in the material or product.
b. Provide spreadsheet of all materials used on the project highlighting regional materials.
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Include the location of the material manufacturer, the distance from the manufacturer to the
project site, the costs of all materials for the project, and calculations demonstrating that 10% of
building materials (based on cost) have been extracted, harvested or recovered, as well as
manufactured, within 500 miles of the project.
2. Materials and Resources Credit 5.2: Provide the following.
a. The submittals required for Credit 5.1.
b. Provide spreadsheet of all materials used on the project highlighting regional materials.
Include the location of the material manufacturer, the distance from the manufacturer to the
project site, the costs of all materials for the project, and calculations demonstrating that an
additional 10% of the building materials beyond MR Credit 5.1 (total of 20% based on cost)
have been extracted, harvested or recovered, as well as manufactured, within 500 miles of the
project.
3. Innovation and Design Process Credit 1.3: Provide submittals listed for MRc5.1 and 4.5 showing
that 30% total (based on cost) of the materials provide regional materials as stipulated above.
4. Mechanical, electrical and plumbing components and specialty items such as elevators shall not be
included in calculations for this credit. Only include materials permanently install in the project.
F. Low Emitting Materials -
I. Indoor Environmental Quality Credit 4.1: Provide the following
a. Provide a cut sheet and / or material safety datasheet (MSDS) for all adhesives used, with
VOC levels highlighted. No other information contained on MSDS sheet shall be reviewed.
b. Provide in accordance with Section 01 60 00— Product Requirements.
2. Indoor Environmental Quality Credit 4.2: Provide the following
a. Provide a cut sheet and / or material safety datasheet (MSDS) for all coating applied on-site
in the building, with VOC levels highlighted. No other information contained on MSDS sheet
shall be reviewed.
b. Provide in accordance with Section 01 60 00— Product Requirements.
3. Indoor Environmental Quality Credit 4.3: Provide the following
a. Provide a cut sheet and / or material safety datasheet (MSDS) for all carpet systems used in
the building, with VOC levels highlighted. No other information contained on MSDS sheet
shall be reviewed.
b. Provide product data for all hard surface flooring showing compliance with requirements of
the FloorScore standard (current as of the date of this rating system, or more stringent version) as
shown with testing by an independent third-party.
c. Provide product data for concrete, wood, bamboo and cork floor finishes such as sealer, stain
and finish showing compliance with requirements of South Coast Air Quality Management
District (SCAQMD) Rule 1113, Architectural Coatings, rules in effect on January 1, 2004.
d. Provide product data for tile setting adhesives and grout showing compliance with South Coast
Air Quality Management District (SCAQMD) Rule 1168. VOC limits correspond to an effective
date of July 1, 2005 and rule amendment date of January 7, 2005.
e. Provide in accordance with Section 01 60 00— Product Requirements.
4. Indoor Environmental Quality Credit 4.4: Provide the following
a. Provide a cut sheet and / or material safety datasheet (MSDS) for all composite wood
products used in the building, with VOC levels highlighted. No other information contained
on MSDS sheet shall be reviewed.
b. Provide in accordance with Section 01 60 00 - Product Requirements.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
FMD/JOC/GR § Page 1101
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SECTION 01 91 13
"* GENERAL COMMISSIONING REQUIREMENTS ***
PART 1— GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions
and other Division 01 Specification Sections, apply to this Section.
B. Owner's Project Requirements and Basis of Design documentation are included by reference for
information only.
1.02 SUMMARY
A. This section describes the scope of the foil al commissioning process and the general requirements
for the building systems outlined herein.
B. Related Sections
1. Division 22, Section 220800, Commissioning of DHW Systems
2. Division 23, Section 230800, Commissioning of HVAC Systems
3. Division 26, Section 260800, Commissioning of Emergency Power and Lighting Control
Systems
1.03 REFERENCES
A. USGBC:
1. LEED — NC 3.0: EA Prerequisite 1, Fundamental Commissioning.
2. LEED — NC 3.0: Credit 3, Enhanced Commissioning.
1.04 DEFINITIONS
A. Basis of Design (BOD): The documentation of design criteria and assumptions for systems, components,
and methods chosen to meet the Owner's Project Requirements and applicable regulatory
requirements, standards, and guidelines. The document includes narrative descriptions of the systems to
be commissioned. The BOD is prepared by the Design Professionals.
B. Building Automation System (BAS): The automated building system providing control and user
interaction with select building systems, such as the HVAC, domestic hot water and lighting systems.
C. Commissioning Authority (CxA): An independent agent hired directly by the Owner and not otherwise
associated with the Design Professional(s) or the Construction Manager at Risk. The CxA assists the
Construction Manager at Risk with coordinating commissioning activities and witnesses the activities on
behalf of the Owner.
D. Commissioning Issue (Cx Issue): A condition that affects, prevents or inhibits commissioning, and
must be resolved to complete the commissioning process.
E. Commissioning Issues List (Cx Issues List): A log maintained by the CxA listing all Deficiencies
and Cx Issues documented during the commissioning process. All issues require action, correction and
closure.
F. Commissioning Report (Cx Report): The final report issued at the conclusion of the commissioning
process. The report will include an executive summary abbreviating the outcome of the commissioning
process and identifying all outstanding issues. The report also contains all commissioning documentation
collected throughout all phases of the project.
G. Commissioning Plan (Cx Plan): A document that outlines the organization, coordination, and
requirements of the commissioning process in more detail.
H. Commissioning Coordinator (CxC): Individual within the Job Order Contractor firm who plans,
schedules, directs and coordinates all the Trade Sub-Contractor's commissioning activities, and serves as
the CxA's single point of contact for all administrative, documentation and coordination functions.
I. Deferred Testing: Testing performed at a later time, due to partial occupancy, equipment, load, seasonal
requirements, design or other site conditions that disallow the test from being performed prior to
substantial completion.
J. Deficiency: A condition in the installation or function of a component, piece of equipment or system
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that is not in compliance with the Contract Documents. A Deficiency will be considered a Cx Issue and
documented on the Cx Issues List.
K. Design Professional (DP): Architects, engineers and other consultants involved in the design of the
over project scope.
L. Functional Performance Test (FPT): A test of the dynamic function, operation and control of the
equipment and systems to verify system performance to the fullest extent. Systems are tested under
various operating modes and control sequences including failure modes. The FPTs are performed using
manual (direct observation) or monitoring methods. The FPTs can include sequence of operation tests,
perfoimance verification tests, trend analysis and integrated systems tests.
M. Installation Verification (IV): Field verification and documentation of proper installation of system
equipment, assemblies and components prior to Startup. IV process is complete when systems are ready
for Startup. IV's are organized and documented under the System Readiness Checklist (SRC) forms.
N. Job Order Contractor: The contractor directly contracted to the Owner with overall responsibility for the
project and all commissioning activities described herein.
0. Monitoring: The recording of parameters (flow, current, status, pressure, etc) of equipment operation,
which shall be completed using data-loggers or the Trending capabilities of BAS or control systems.
P. Owner's Project Requirements (OPR): A document describing the operational and functional
requirements of a project, the expectations of how the facility will be used and operated, and the
equipment and system expectations and requirements, as defined by the Owner. This document provides
an explanation of the ideas, concepts, goals, success criteria, and supporting information for the project.
Q. Percent Sampling: Witnessing the Startup or testing of a selected fraction of the total number of
identical or near-identical pieces of equipment such as VAV boxes.
R. Pre-Functional Checks & Tests (PFCs): These are various checks and tests performed on a piece of
equipment or system just before, during, or after the initial Startup and operation. They are performed to
confirm that the equipment and individual components were installed correctly and are working
properly. Examples include checking fan rotation, sensor calibration, actuator testing, and spot
temperature, pressure and electrical measurements. They also include system specific tests such as
pipe system pressure tests, duct leakage tests, mechanical system test and balance and electrical
equipment NETA testing. They are organized under the System Readiness Checklist (SRC) forms and
must be completed prior to FPTs.
S. Startup: Initial starting or activating of equipment usually perfou ied by the Trade Sub- Contractor or
the Manufacturer's authorized representative.
T. Systems Manual: The CxA will complete a LEED Systems Manual for the systems and equipment
commissioned, with assistance provided by the CxC and Trade Sub- Contractors. The Systems Manual
will provide the operating staff the information needed to understand and optimally operate the
commissioned systems and includes the fmal BOD, single line diagrams, as-built controls drawings and
sequences of operation and O&M manuals.
U. System Readiness Checklist (SRC): A summary checklist, typically one page per equipment, covering
the necessary commissioning tasks and required documentation to verify that a system is ready for FPTs,
or system operation if no FPTs are performed. The tasks covered in the SRC include IV, Startup and PFC,
and the Trade Sub-Contractor completed forms for these tasks are attached to the equipment specific
SRC. The SRC must be completed and signed by the Job Order Contractor prior to conducting the FPTs.
V. TAB: Testing, Adjusting, and Balancing work on the air and water systems to ensure design flow
conditions are met. Performed by the TAB Trade Sub-Contractor.
W. Trade Sub-Contractor: Typically a subcontractor to the Job Order Contractor who provides and installs
specific building components and systems and/or provides certain services.
X. Trending: Monitoring using the Building Automation System (BAS) or a control system, to aid in
functional testing and to verify system operation and performance under actual operating conditions.
Y. Warranty Phase: The phase of the project immediately after the initiation of the building equipment
warranty which spans the entire length of the equipment warranty.
1.05 SYSTEMS TO BE COMMISSIONED
A. This specification section is applicable to the following systems and equipment to be
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commissioned in this project:
1. All equipment and controls of the HVAC systems (does not include any process refrigeration
equipment).
2. Building Automation System / HVAC system controls
3. Lighting controls
4. Domestic hot water heating systems
5. Emergency Power Systems, including:
a. Emergency Generators with a fuel oil system and storage tank
b. Paralleling Switchgear
c. Automatic Transfer Switches (ATS's)
d. Uninterruptable Power Supply (UPS) equipment
1.06 SUMMARY DESCRIPTION OF COMMISSIONING
A. Commissioning is a quality assurance process for achieving, verifying and documenting that building
systems are installed and perform functionally as intended according to the OPR, BOD, and the
requirements of the Contract Documents.
B. Commissioning during the construction phase is intended to achieve the following specific objectives:
1. Commissioning review of the Trade Sub-Contractor submittals for systems to be commissioned,
concurrent with the Design Professional's review.
2. Finalize the commissioning specific details within the Cx Plan.
3. Verify that applicable equipment and systems are installed according to the manufacturer's
recommendations and to industry-accepted minimum standards and that they receive the required
operational checkout and testing by the Trade Sub- Contractors.
4. Verify and document proper performance of equipment and systems.
5. Verify that operation and maintenance documentation is provided by the Trade Sub- Contractors and
is complete.
6. Develop a systems manual (for energy-related systems per LEED) that provides future operating
staff the information necessary to optimally operate the commissioned systems.
7. Verify that the Owner's facilities and operations personnel are trained according to Contract
Document requirements.
C. The commissioning process does not take away from or reduce the responsibility of the Job Order
Contractor to provide a finished and fully functioning building. The Job Order Contractor has overall
responsibility to assure that all systems are properly tested and commissioned, and that all required
commissioning documents are completed and provided to the Owner.
D. The Project will meet the Commissioning Requirements of LEED-NC v3.0, Energy & Atmosphere,
Prerequisite 1 (Fundamental Commissioning) and Credit 3 (Enhanced Commissioning). The Job Order
Contractor, Trade Sub-Contractors, and suppliers are responsible to ensure all requirements for
commissioning are met in their respective work.
1.07 GENERAL COMMISSIONING PROCESS
A. Unless otherwise noted in the trade specific commissioning specification sections, the general
commissioning process is as follows. See the trade specific commissioning specification sections for
additional details on the commissioning process.
B. Submittal Reviews by the CxA (concurrent with the Design Professional reviews)
1. The Job Order Contractor shall include the CxA on the distribution of the Trade Sub-Contractor
issued submittals to the Design Professionals, for the systems to be commissioned. The CxA will
provide review comments to the Design Professionals.
C. Cx Plan and Form Development
1. The CxA prepares a Cx Plan that provides guidance in the execution of the commissioning process
during construction.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .
2. The CxA develops the SRC and FPT forms and provides them to the JOB ORDER
CONTRACTOR and Trade Sub-Contractors for review and comment.
D. System Readiness Activities
1 The Trade Sub-Contractors shall perfoun IV, Startup and PFC activities. The Trade Sub-Contractors
and the CxC shall document completion of these activities on the SRC forms and attach the completed
IV, Startup, and PFC fonus to the SRC.
2. The CxA will perform various observation inspections during the installation phase and back-
checks of the completed IV. The CxA will also witness a percent sampling of the Startups and
PFCs, including TAB procedures and back-checks after PFCs are completed.
a. The Trade Sub-Contractor shall resolve any PFC results deemed unacceptable by the CxA.
The Trade Sub-Contractor shall execute a new sample of the PFCs, witnessed by the CxA per
their discretion. The CxA shall deem the PFCs acceptable after resolution of all issues and
any witnessed sampling results in no issues.
E. Functional Testing
1. Once the c Job Order Contractor Completes the SRC forms, the Trade Sub-Contractors execute all
FPTs and the CxA witness a sample as defined in the Cx Plan. The FPTs may be achieved by any
combination of manual testing, monitoring or trending.
a. Any witnessed sampling of the FPTs that do not pass shall require the Trade Sub-Contractor to
resolve the issue for all equipment and a new sample of the FPTs shall be executed and witnessed
by the CxA. The CxA shall deem the FPTs acceptable after resolution of all issues and any
witnessed sampling of tests has passed.
2. The Cx Plan will define any deferred testing.
F. Deficiencies and Commissioning Issues
1. Throughout the process, the CxA records Cx Issues on the Cx Issues List and distributes the
list to the team. The Job Order Contractor and Trade Sub-Contractors shall correct Cx Issues and
retest the system(s) without delay at no additional cost to the Owner. The CxA will verify the
completion of the issues and make all amendments to the issues list.
G. O&M Manuals, Training Verification and Final Documentation
1. The CxA will verify the Trade Sub-Contractors provides complete operation and maintenance
(O&M) manual documentation to the Owner.
2. The Job Order Contractor shall submit to the CxA and Owner a training schedule and specific
training agendas (for each training class), for review prior to conducting any training. The CxA will
also verify completion of the training by receiving a copy of the training class sign-in sheets and any
training materials / handouts, provided by the Job Order Contractor.
3. The CxA will develop the Systems Manual (per LEED requirements) with assistance from the Job
Order Contractor and Trade Sub-Contractors. The systems to be included are the HVAC systems
and controls, lighting controls, domestic hot water systems and controls, and any renewable energy
systems (none in project).
4. The CxA will complete the Final Construction Phase Commissioning Report and documentation
for the Owner with assistance from the Job Order Contractor and Trade Sub- Contractors.
H. Post-Occupancy Warranty Phase Commissioning
1. The CxA will report any identified performance issues, warranty items or problems to the CxC via a
Warranty Phase Cx Issues List for correction by the Job Order Contractor and Trade Sub-Contractors
during or prior to the end of the warranty period.
2. The CxA will review trend data during the Warranty Phase and will report any identified
issues.
3. No later than 90 days prior to the expiration of the first 12 month warranty period of building
occupancy, the CxA will return to the facility to interview facility O&M staff, walk the facility and
review systems operation and trend data where applicable. Key representatives from the Job Order
Contractor and Trade Sub-Contractors shall attend a site walk- through and meeting, as deteimined by
the CxA.
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1.08 GENERAL COMMISSIONING PROCESS
A. The Commissioning Team is responsible for performing the process and achieving successful
commissioning results. The Commissioning Team is comprised of the following:
1. Owner's Representatives
2. Design Professionals (DP).
3. Commissioning Authority (CxA).
4. Construction Manager at Risk (Job Order Contractor)
5. Job Order Contractor's Commissioning Coordinator (CxC)
6. Trade Sub-Contractors responsible for specific types of systems being commissioned:
a. Mechanical Contractor
b. Electrical Contractor
c. HVAC Controls Contractor
d. Testing and Balance (TAB) Contractor
e. Plumbing Contractor
1.09 RESPONSIBILITIES
A. General:
1. The Commissioning Team and all others involved in the commissioning process shall follow the
Cx Plan, attend the commissioning kickoff meeting, and attend additional commissioning meetings as
necessary.
B. Commissioning Authority (CxA)
1. The primary role of the CxA is to oversee, organize and lead the commissioning team and assist
the Job Order Contractor and Trade Sub-Contractors in executing the commissioning process.
a. Prepare the Cx Plan and develop the SRC and FPT forms.
b. Work with the Job Order Contractor to schedule commissioning activities.
c. Lead commissioning team meetings, prepare meeting agendas and distribute meeting minutes.
d. Observe on a sampling basis the system and equipment installation, start-up, checkout, and
testing for compliance with the OPR, BOD, and Contract Documents; and review completion of
commissioning dociimentation.
e. Sample witness the execution of the FPTs by the Trade Sub-Contractors. The CxA will witness
one (1) re-test of any commissioned equipment or system.
f. Be the authority on commissioning test results and other commissioning program elements
completion. Prepare, maintain and distribute the Cx Issues List.
g. Review and comment on training agendas and verify that training is completed and O&M
manuals are delivered.
h. Lead the effort in developing the Systems Manual for energy-related systems in accordance with
LEED requirements.
i. Assemble the commissioning documents and prepare the Commissioning Report.
2. The CxA is not responsible for:
a. Design concept or design criteria
b. Review for code compliance
C. Inspector of record services
d. Design and construction scheduling
e. Cost estimating
f. Construction management
g. Providing tools and test equipment used for commissioning.
h. Scheduling startup and testing
1. Coordinating the work of Trade Contractors and any special testing agents
j. Performing startup and testing
C. Construction Manager at Risk:
1. The Job Order Contractor is responsible for performing all commissioning tasks, including tasks
assigned to Trade Sub-Contractors and ensures that all Trade Sub-Contractors execute their
commissioning responsibilities according to the Contract Documents, Cx Plan, and schedule.
a. Include the cost for commissioning in the project cost.
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b. Assign a CxC for the duration of the project with responsibilities outlined herein.
1) The CxC shall have at least five years' experience within the disciplines of construction.
2) The Job Order Contractor shall submit the name of the person(s) assigned as the CxC to
the CxA within a month of contract award.
c. Schedule and coordinate the commissioning meetings with the CxA.
d. Plan, schedule, coordinate and facilitate the commissioning work performed by the Trade Sub-
Contractors. Provide sufficient lead time of at least 10 days to notify the CxA in advance of
commissioning activities. Update the master construction schedule periodically with
commissioning progress and activities.
e. Review, comment and accept the Cx Plan prepared by the CxA.
f. Furnish continual updates of any construction related documents such as change orders,
submittals, shop drawings, ASIs and RFIs to the CxA. Electronic files are acceptable.
1) The CxC shall ensure the issuance of the requested submittals for review by the
CxA when also issued to the Design Team.
g. Obtain and review the Trade Sub-Contractor IV, Startup and PFC forms prior to use.
h. Using IV, Startup, PFC, SRC and FPT forms, document and certify the completion of all work
and all systems are installed, operational, and functionally tested.
i. Organize all Trade Sub-Contractor-completed Cx forms to be submitted to the CxA for review.
Evaluate deficiencies identified on the Cx Issues List. The OA will track the issues according
to the responsible entity. Collaborate with Trade Sub- Contractors and recommend corrective
action. Assure resolution of all Cx Issues.
k. Prepare a training schedule along with the Trade Sub-Contractor training agendas and
submit to CxA and Owner for review. Execute training of Owner's personnel per approved
training schedule and agendas.
1. Prepare O&M Manuals in accordance with the Contract Documents.
m. Assist the CxA in developing the Systems Manual.
D. Trade Sub-Contractors:
1. See the trade specific commissioning specification sections for the Trade Sub- Contractor
responsibilities.
PART 2—PRODUCTS
2.01 TEST EQUIPMENT
A. The responsible Trade Sub-Contractor shall furnish all standard testing equipment required to perform
Startup, PFCs and EPTs.
B. All testing equipment shall be of sufficient quality and accuracy to test and/or measure system
performance with the tolerance specified in the Contract Documents. If not otherwise specified, the
following minimum requirements apply:
1. All equipment shall be calibrated according to the manufacturer's recommended intervals (or within
one year if not otherwise specified) and recalibrated when dropped or damaged.
2. Calibration tags shall be affixed to or certificates readily available for all test equipment.
PART 3— EXECUTION
3.01 SCHEDULING AND COORDINATION
A. The CxA will provide an initial list of commissioning milestones and deliverables to the CxC for
scheduling purposes.
B. The JOB ORDER CONTRACTOR shall integrate all commissioning activities, milestones and
deliverables into the master construction schedule with assistance and input from the CxA.
C. The CxC shall provide sufficient notice to the CxA and Owner for scheduling and coordinating
commissioning activities. A minimum 10 days' notice shall be provided to the CxA for witnessing
equipment Startups, PFCs, and FPTs.
D. The Commissioning Team shall address scheduling problems and make necessary modifications in a
timely manner in order to expedite the commissioning process.
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3.02 MEETINGS
A. When commissioning team member attendance is required, as determined by the CxA and CxC, be
punctual and attentive during the meeting.
1. The CxA will conduct a commissioning kick-off meeting, usually within 60 days of the
commencement of construction. All team members involved in the commissioning process shall
attend the kick-off meeting.
2. The CxA will plan other commissioning meetings as deemed necessary as construction progresses.
These meetings will cover planning and coordination, and Cx Issues resolution.
3. The frequency of meetings will vary through construction, but generally increase during Startup and
commissioning activities.
B. The CxA will write and distribute meeting minutes documenting the meeting discussion, conclusions,
and actions for each team member.
3.03 COMMISSIONING ISSUES, BACK-CHECKS AND RE-TESTING
A. All Deficiencies and Cx Issues shall be corrected promptly. The responsible party shall correct the issue
and inform the CxC and CxA of the resolution and completion date. The CxA will record completion on
the Cx Issues List after a successful back-check or verification.
1. For all Cx Issues identified during the pre-functional system readiness activities, the CxA will back-
check and verify the completion of the issues where appropriate.
2. For all Cx Issues identified during FPT, the Trade Sub-Contractor shall retest to verify the resolution
of the issue and to complete the FPT.
3. Where sampling is used for witnessing PFCs and FPTs, the results shall be deemed acceptable once
all noted issues are resolved and any new sample set of tests or checks have passed. The CxA will
witness one (1) re-test for each equipment and will perform one (1) back-check verification of any
completed system readiness issue. The Owner may back-charge the Job Order Contractor for any
additional fees from the CxA, resulting from any re-testing or repeated system readiness issues list
back-checks beyond the first re-test or back-check.
3.04 COMMISSIONING ACCEPTANCE, CLOSEOUT AND REPORTING
A. Completion of the System Readiness Checks (which include installation verification, startups and pre-
functional checks) shall be accomplished as a prerequisite for substantial completion. Completion of all
functional performance testing, training, delivery of O&M manuals, and correcting all Cx Issues including
any re-testing shall be completed prior to final acceptance of commissioning by the Owner.
B. After completion of the commissioning activities and following review of the completed
commissioning documents that includes the draft Cx Report executive summary, all test results and the
latest Cx Issues List with all remaining Cx Issues and deficiencies, the Owner will provide a formal
written acceptance of the project construction phase commissioning. At that point, the CxA will
transfer any remaining construction phase Cx Issues or seasonal/deferred testing to the warranty phase
and will be tracked by the CxA as part of the LEED Post-Occupancy Warranty Phase Commissioning.
C. Upon completion of all commissioning activities, the CxA will prepare and submit to the Owner a
Final Cx Report detailing all completed commissioning activities and documentation. The CxC shall
support this effort by providing all Job Order Contractor and Trade Sub- Contractor commissioning
documentation.
D. The Final Cx Report will include the Owner's written acceptance of construction phase
commissioning.
END OF SECTION
FMD/JOC/GR § Page 1108
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .