15051-CONTRACT-FORESITE DESIGN & CONSTRUCTION, INC.PDF

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
ForeSite Labor Rates 2
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 — Performance 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
c/o Parks and Recreation Department
41835 N. Castle Hot Springs Rd
Unit Operations Center
Morristown, AZ 85342
C. JOB ORDER CONTRACTOR:
ForeSite Design & Construction, Inc.
1425 N. Mondel Dr.
Gilbert, AZ 85233
A Leslie Rozzell-President
Office: 602-820-1345; Fax: 602-820-1305; E-Mail: leslie.rozzell@foresite-inc.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
definitions 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 fmal
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
7-8-15
Principal (Signature) Date
W. Scott Breeding 86-0711556
Printed Name Federal Tax Identification Number
V.P. 095182 and 160163
Title License Number
Net 30 90924
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW
Approved as to foul' 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

FO SITE
June 25, 2015
Maricopa County Office of Procurement Services
Attn: Mr. Paul Shamrock, Procurement Officer
320 West Lincoln Street, 2nd Floor
Phoenix, Arizona 85003
RE: JOB ORDER CONTRACTOR FOR PARKS & RECREATION
Serial # 15051 - JOC
Dear Mr. Shamrock:
As requested, ForeSite proposed billable labor rates:
Project Manager $78.57
Project Superintendent $73.61
Project Engineer $54.64
Project Coordinator $51.04
Composite self-perform (Foreman, Tradesman, Helper & Laborer) $44.84
The detailed breakdown is on page 2.
If you have any questions, please contact me at 480 820-1345 X11 or cell phone 602 309-8086
ForeSite Design & Construction, Inc. 1425 N. Monde! Drive, Gilbert AZ 85233 480-820-1345 Fax 480-820-1305
P. 1 of 2

JOB ORDER CONTRACTOR FOR PARKS & RECREATION
Serial # 15051 - JOC
ForeSite billable labor rate detailed breakdown
Fore Site
Composite
Craftsperson
Project Project Project Project (Foreman/Journ
Manager Super. Engineer Coordindator eyman/Heiper)
BASE $ 51.14 $ 45.78 $ 32.44 31.25 27.29
WORKMAN'S COMP, $0.22 $2.57 $1.92 $0.13 $1.96
RETIREMENT PLAN $3.07 $2.75 $1_95 $1.88 $1.64
:HEALTH INSURANCE $4.45 $4_45 $4.45 $4.45
ISAFETY TRAINING $0.10 $0.25 0_10 $0.00 $0.25
iSICKiVAC $1.97 $1_57 $1.17 $1.20 $0.60
!HOLIDAY $1.57 $1.26 $0.94 $0,96
:CONTINUING ED_ $0.85 $0.85 $0.85 $0.85 $0.00
!FICA $3,91 $3.50 $2_48 $2.39 $2.09
IFUTA & SUI $0.15 $0.15 $0_15 $0.15 $0.15
:INFORMATION TECH. $1,62 $1.62 $1.62 $1.62 $0,00
'LONG TERM DISABILITY $0.30 $0.23 $0.17 $0.17 $0.17
l SHORT TERM DISABILITY $0.18 $0.16 $0.12: $0.12 $0,12
1SUB-TOTAL $69_53 $65.14 $48.35 $45.17 39.68
lOverhead 5% 3.48 $ 3.26 $ 2.42 $ 2_26 1.98
:Profit 8% 5 .55 $ 5.21 $ 3 - 87 $ 3_61 $ 3.17
:Total Billable Rate $78_57 $73.61 $54.64 $51.04 $11_84
ForeSite Design & Construction, Inc. 1425 N. Mondel Drive, Gilbert AZ 85233 480-820-1345 Fax 480-820-1305
P. 2 of 2

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 AgseD/NVD1WNSE PRESENTS: The Ohio Casualty
Thatwe,rnrqtrIlotinn. Tnr as Principal, (hereinafter called the Principal), and the Insurance corrpany
a corporation duly organized under the laws of the State of NH , as Surety,
(hereinafter called the Surety), are held and firmly bound unto Maricopa County (hereinafter called the
Obligee), in the sum of Ten Percent of the Amount Bid (10%)
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 # 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.
Signed and sealed this 28 g'31T of May , 20 1 5 .
Eaton & Associates, Inc. ForeSite Design & Construction, Inc.
Agent of Record, State of Arizona Seal
P.O. Box 1960
Scottsdale, AZ 85252
Agent Address
The OHio Casualty Insurance Company
Surety Seal
Bond Number N/A BY: /
Roy Rose
Power of Attorney Seal
Request For Qualifications Page 26
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 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. 6332135
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: That American 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 duly organized under the laws of the State of Massachusetts, and West American 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 forth, does hereby name, constitute
and appoint, David Rvbacki; Gregory J. Budiac; Rov Rose; William A. Eaton
all of the city of Scottsdale , state of AZ each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
and 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 28th day of October , 2013
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
By :
STATE OF WASHINGTON S S Gregory W. Davenport, Assistant Secretary
COUNTY OF KING
On this 28th day of October 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty 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 WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.
By: )6beilt*-•
KD Riley, Notdro) Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American 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 presaibe, 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 attomey, 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 the president 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-fact 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 INhen so
executed such instruments shall 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 Gregory W. Davenport, 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 Company's 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 valid and binding upon the Company with
the same force and effect as though manually affixed.
I, David M. Carey, 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 Attomey 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 7ffl -h day of 20 15
David M. CareAssistant Secretary
479 of 500
LMS_12873_092012

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 D 33
EXHIBIT E 34
EXHIBIT F 36
EXHIBIT G 37
EXHIBIT H 38
EXHIBIT 139
EXIHBIT 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 Definitions. 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
infounation 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.
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
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Job Order Contractor for Parks and Recreation
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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 perform 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 nonconfoi ming 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
nonconforming 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, penuit 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, fmish, 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 perfornied 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 perfornied 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 perfoinis 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 Conform 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 perfoun 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 perforniance 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
performed 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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Job Order Contractor for Parks and Recreation
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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 fmal 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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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 determines 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) termination 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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Job Order Contractor for Parks and Recreation
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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
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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
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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
perfoimance 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 termination 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 AlsID 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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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
form 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 determining 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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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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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
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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
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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 fmancial 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 "AJE"), if utilized, or Owner, unless
within seven (7) days from the date of submission, the A/E 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 finding. 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
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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 ALE 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 (1 1/2%) 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 A/E, if
utilized, assisted by the Owner, to determine Substantial Completion. When the Work or
designated portion thereof is substantially complete, the AJE, 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 fmal 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 perfonned, 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 fmal
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 final
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
terms 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
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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 perfonnance 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 II 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, impaiiment, or
destruction of property, including loss of use resulting therefrom, caused by
referenced acts, errors, omissions or mistakes in the perfomiance 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 teims 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 perforni 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 perfoimance 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 confoint 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: ForeSite Design & Construction, Inc.
1425 N Mondel Drive
Gilbert, AZ 85233
Attn: Project Manager
E-Mail: leslie.rozzell@foresite-inc.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 peimanently 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 Termination 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 terntination
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 Termination 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 website
http://www.azgovernor.govidms/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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Contract No.: 15051-JOC
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, perfoimance 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
EXHIBIT 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.
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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 Chairman 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 fmdings 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 JOC 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 determined 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)
Maricop a 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.
ForeSite Design & Construction, Inc. 1425 N. Mondel Drive
(Firm) (Address Line 1)
A. Leslie Rozzell Gilbert, AZ 85233
(Print Name) (Address Line 2)
President (602) 820-1345
(Print Title) (Phone)
(602) 820-1305
(Signature Required) (Fax)
leslie.rozzellAforesite-inc.com 86-0711556
(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 Serial# 15051-JOC

Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT D
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:
EXEBBIT 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 JOG 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.
FIVID-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 JOC 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 terms 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 firms utilized as subconsultants/subcontractors for
this pay application/invoice. If work was self-perfamied 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 hi
SBF Firm Name SBE Firm Address Performed App/hiv
$
$
$
$
$
$
0 A mark in this box certifies that no SBE films 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

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 INTERES [ED 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 ENTERPRISE 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.
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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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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 AIVI, 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://www.maricopa.gov/fmd/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 (SOQ) 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 IN RESPONSE TO THIS RFQ
Five (5) electronic copy(ies) on separate flash drive(s) no larger than 41\413 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 a
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 PersonalJAdvertising 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
Request For Qualifications Page 13
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

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.
f) 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.
i) 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 1)
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 CRIIERIA LISTED
FIRST. THE POINT VALUES ASSIGNED TO EACH OF THE CRITERIA ARE LISTED NEXT TO THE
CM IERIA 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.
DELIVERY 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 (SAVE):
The County is a member of the $AVE cooperative purchasing group. $AVE 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

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

MARICOPA COUNTY
Job Order Contractor
for
Parks and Recreation
FORESITE
ForeSite Design & Construction, Inc.
Statement of Qualifications
JOB ORDER CONTRACTOR
SERIAL # 15051-JOG
CONTRACT # 15051-JOG
Due Date: Thursday, May 28, 2015
Due Time: 10:00 AM
ForeSite Design & Construction, Inc. - 1425 N Mondel Dr, Gilbert AZ 85233 - Arizona ROC 095182 & 160163

1-410RESITE
May 28, 2015
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (Second Floor)
Phoenix, Arizona 85003
RE: Job Order Contractor for Parks and Recreation
SERIAL # 15051-JOC, CONTRACT # 15051-JOC
Dear Selection Committee:
Thank you for your consideration of ForeSite's qualifications to provide job order contracting services.
We are very enthusiastic about continuing our collaborative relationship with Maricopa County while
meeting the objectives under the Parks and Recreation JOC program.
Job Order Contracting represents a significant portion of our business, and it is a corporate priority.
The principals of the company are directly involved and committed to its success.
ForeSite is a locally based full-service, commercial construction company. We pride ourselves in cus-
tomizing our services to unique clients and projects, the success of which is evident in the fact that all
of our work is currently for repeat clients.
ForeSite is particularly qualified to provide JOC services to Maricopa County because of the following:
1. Proven success providing JOC design and construction phase services for Maricopa
County. ForeSite has been successfully providing collaborative job order contract-
ing services to Maricopa County for more than 4 years, and overall for more than 14 years,
continually finding creative ways to add value.
2. Experience with public parks and coordination of construction in operating facilities.
We have successfully demonstrated the flexibility and responsiveness to consistently per-
form effectively in these specific environments. ForeSite's experience with Maricopa Coun-
ty protocol will also be an asset.
3. Demonstrated collaborative team coordination capabilities and project controls. We
have the capability to successfully coordinate the project team in the collaborative fashion
necessary to achieve your objectives and meet your schedules. Our budget and schedule
control capabilities have been developed and proven over the past twenty-three years, con-
sistently delivering projects in accordance with budget, schedule, and quality expectations.
We pride ourselves on being flexible, able to think "outside-the-box" and develop solutions for the most
daunting challenges. Whether the challenge is a limited budget, an exceptionally aggressive schedule,
finding a work-around for an untimely permit, supplementing unique design needs, or working with
many stakeholders with varying agendas; we want to be your go to JOC contractor.
ForeSite will provide you with the professional team and the commitment to ensure the success of your
JOC program. Please contact me at (480) 820-1345 x16, or email: leslie.rozzell@foresite-inc.com with
any questions you may have.
Sincerely,
A. Leslie Rozzell, AT-chitbct
President
ForeSite Design & Construction, Inc.
1425 N Mondel Dr, Gilbert AZ 85233

PRIOR EXPERIENCE FORE STTE
Provide a project description for at least six (6) projects in a government environment your firm executed as a J
Maricopa County Experience. ForeSite has substantial experience working in public
operating facilities for Maricopa County. We are familiar with the security protocol
and logistical challenges associated with coordinating work in operating public envi-
ronments.
JOC Experience. ForeSite has a proven track record of providing successful Job Or-
der Contracting services for the past 14 years. We have provided design-phase ser-
vices, construction services, and post- construction services under all of these Job
Order Contracts. ForeSite prides itself with providing outstanding service and devel-
oping long lasting relationships. Subsequently, we have received every contract re-
newal available and have been repeatedly selected for subsequent JOC agreements.
Our experience includes over 300 job order projects totaling $39.7M, ranging from
$5,000 to $1M. The range of diverse project types is comprised of vertical and hori-
zontal construction, parks, utility and road work, new buildings, renovations, and nu-
merous unique and unusual projects.
Park Experience. ForeSite has substantial experience working in operating and new
parks on a wide variety of improvements in collaboration with Parks and Recreation
teams. Projects receiving recent recognition include Dust Devil Park - 2013 ENR
Best Landscape Urban Design, Civic Space - 2009 Regional and National Best Land-
scape Urban Design Project, Arizona Forward Crescordia Environmental Excellence.
Public Agency lob Order Contracts
Maricopa County FMD 2010 3.5 yrs 6,715,769 13.2 98% $126,713
Maricopa County FMD 2014 5 years 581,561 6.8 100% $96,927
City of Phoenix 2001-2004 3 years 4,839,807 15.3 *76% $105,213
City of Phoenix 2004-2007 3 years 7,422,448 28.7 *86% $86,308
City of Phoenix 2009-2014 5 years 3,305,518 5.8 *90% $127,135
City of Phoenix 2014-2019 5 years 447,801 6.2 *100% $89,560
City of Phoenix SIMS 2010 2 years 1,051,135 2.0 *NA $525,568
City of Phoenix SIMS 2012 1 years 1,004,507 2.0 *NA $502,253
City of Tempe 2005-2008 3 years 4,781,208 6.0 *82% $239,060
City of Tempe 2008-2011 3 years 3,469,909 4.4 *100% $182,627
City of Tempe 2011-2015 4 years 3,883,848 6.2 *90% $184,945
City of Tempe 2015-2019 5 years 0
SRP 2011-2015 4 years 1,478,225 4.7 *NA $89,743
* Agency does not recognize a goal of project completion within the current fiscal year.
Comparable Government IOC Projects
Provide a project description for at least six (6) projects in a government environment your firm executed as a Job Order Contractor.
5-1-77.7.11n 7v‘
g
b. Size, Schedule, Budget, Complexity: This 5-1/2 week project upgraded an existing underground storm
drainage system that provides drainage relief to roof drains and truck dock/service areas of the existing
Estrella Jail. ForeSite demolished the existing storm ceptor and tied in a new 500 gallon two-compartment
grease interceptor to the existing sewer line over 100' away. The existing drywell was decommissioned
and a new 25' deep drywell was installed.
c. Services Provided: ForeSite coordinated closely with the Estrella Jail staff to ensure no disruptions to their
daily deliveries to the truck dock during the project.
d. Process to establish price & keep cost within estimate: ForeSite received drawings from the Engineer and
compiled a detailed scope of work for each trade. We developed detailed bid tabs and worked with sub-
contractors to ensure the best value before subcontracts were written.
e. Owner budget: N/A I Estimate: $120;008 I Final Contract: $122,738 I Savings & Allocation: In the original
proposal we included off-hours pricing for installing asphalt. We were able to offset the cost of some addi-
tional scope by working with the Jail staff to determine an optimal paving time during normal hours that
would not disrupt their scheduled deliveries.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 1

f. Quality Determined & Achieved: ForeSite contracted with a third party testing agency FORESITE
to oversee installation. Quality control tests were performed throughout the project to
ensure the project was being built per specifications.
9- Completion Schedule: ForeSite Completed the work on schedule.
h. Problem/Challenge Avoidance & Early Resolution: To ensure no damage was done to underground utili-
ties prior to running the new waste line, several locations on site were "pot-holed". At one of the test holes
we discovered an undocumented fire line where our new waste line was to be installed. In coordination
with the engineer we determined a cost effective solution by raising the fire line 1 foot above the new waste
line and encasing both lines with slurry to provide rigidity.
An environmental consultant was brought in to test soil around a contaminated drywell that had been re-
moved. The test would determine if additional soil remediation was necessary. While waiting to obtain test
results, an existing 18" storm water pipe was still set up to discharge into the potentially contaminated area.
Concern was raised about the water pipe, as the project was underway during monsoon season. To allevi-
ate concerns, ForeSite implemented a plan to re-route potential drainage water using temporary piping and
graded swales to divert the water away from the open drywell pit until testing was complete.
i. Client References: Provided in Attachment 1
MCDOT CDL Shasta, rst.z S ri
b. Size, Schedule, Budget, Complexity: The scope for this project included a large,
4,200 SF cantilevered steel shade structure, new electric meter, and two security
lights installed at an operating Maricopa County training facility. Work was expedited
to ensure design, fabrication and installation were completed prior to the end of Mari-
copa County's fiscal year. Close coordination was required with neighboring operat-
ing facilities, as the new lights required shutting down a transformer that fed exterior
power for adjacent buildings.
c. Services Provided: ForeSite provided pre-construction design services and value
engineering for the steel structure. We also provided expedited steel delivery to ensure the project finished
on time.
d. Process to establish price & keep cost within estimate: Sub-contractors were competitively bid to ensure
market value. The steel subcontractor was contracted to design the steel structure, allowing design risk to
shift to the construction team to minimize potential change orders.
e. Owner budget: unknown I Estimate: $98,137 I Final Contract: $98,137
f. Quality Determined & Achieved: Pre-bid and pre-construction meetings were held with the Owner/client
department, the Facilities Maintenance department, and ForeSite to establish quality needs. Submittals
and shop drawings were reviewed by all parties, including color samples and mix designs. A third party
consultant was also hired by ForeSite to review structural drawings and perform special inspections. Regu-
lar job walks and materials testing occurred to ensure quality standards as well.
9. Completion Schedule: The project team was able to deliver the steel ahead of schedule and complete the
project sooner than the original completion date.
h. Problem/Challenge Avoidance & Early Resolution: An early issue presented itself when it was determined
that the existing pad that the shade structure was to sit on was not sloped as shown on as-built documents.
ForeSite was able to bring in a structural engineer and obtain a no cost solution that could be applied to the
caissons. The solution was presented to all parties and found to be acceptable.
i. Client References: Provided in Attachment 1
Garden lm rovements icket/Information Bu Ci of oafs
b. Size, Schedule, Budget, Complexity: This project consisted of a ground up wood framed ticket/information
building for the Japanese Friendship Garden. The building required a new electrical service, air condition-
ing, new aluminum windows and sliding glass door, as well as custom roof tiles. Site work and hardscape
immediately adjacent to the building were also included. All work, including procurement, had to be com-
pleted in a six week period to ensure operation prior to the parks seasonal opening.
c. Services Provided: Pre-Construction value engineering was provided to maintain the look and feel of the
park while meeting the owner's budget. Expedited material ordering was also utilized to meet the extreme-
ly short schedule.
d. Process to establish price & keep cost within estimate: Pre-construction planning and budgeting were es-
sential, due to the owner's extremely tight budget Multiple job walks and thorough scope descriptions were
used to ensure all subcontractors could provide comprehensive numbers and schedule prior to ForeSite's
proposal to the owner. Deductive change orders for work not needed due to variations in underground con-
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 2

cealed conditions and utility as-built drawings were used to almost entirely offset the FORESITE
few small change orders that did occur.
e. Owner budget: N/A I Estimate: $88,983 I Final Contract: $90,360
f. Quality Determined & Achieved: Considerable time was spent during pre-construction to determine appro-
priate materials to match the park's existing Japanese inspired finishes. All materials and colors were sub-
mitted to the owner and architect for approval, including locations of vertical battens on the exterior siding.
g. Completion Schedule: As stated above, the schedule was accelerated based on a hard finish date. The
proposed schedule was met by fast tracking activities along with some strategic overtime.
h. Problem/Challenge Avoidance & Early Resolution: Due to the thorough pre-construction process, most
problems were solved prior to the start of construction. For any issue that did arise, ForeSite provided mul-
tiple options and the team would attend prompt field meetings to quickly resolve the issue and move for-
ward without delay to the project end date.
i. Client References: Provided in Attachment 1
--ry - -17 'ELPA .
b. Size, Schedule, Budget, Complexity: This 2-1/2 week park project was initiated to help the City of Tempe
fix areas throughout Kiwanis Park that were experiencing major erosion issues. The solution was to install
a Geoweb product at the problem areas to help stabilize the soil and prevent erosion. ForeSite installed
approximately 2,429 SF of Geoweb, 2,500 SF of decomposed granite, and 491 SF of filter fabric. In addi-
tion to the Geoweb, a new 70' drywell was installed to help drain water from a nearby flooding area.
c. Services Provided: ForeSite was contracted as the prime general contractor and provided general contrac-
tor services to City of Tempe.
d. Process to establish price & keep cost within estimate: The original scope of work included over 6,000 SF
of Geoweb in different areas throughout the park. It was determined that the owner's budget could not cov-
er these renovations, so the team worked together to alter the scope and tighten up pricing to cover the
high priority areas. ForeSite employed a working superintendent on site that helped with some of the self-
perform tasks to ensure the work stayed under budget.
e. Owner budget: N/A I Estimate: $44,808 I Final Contract: $43,733 I Savings & Allocation: Based on effi-
ciencies found during construction and self performing both concrete work and the drywell, ForeSite was
able to credit savings back to the City of Tempe.
f. Quality Determined & Achieved: Our onsite supervision oversaw the construction activities and ensured
each area we worked blended back in with the natural landscape. Our superintendent also coordinated
with the park maintenance supervisor and a City of Tempe vendor to ensure aggregate color selections
were the same as the native materials. By self performing the concrete work, we were also able to closely
oversee the quality of the new hardscapes.
9. Completion Schedule: The project was completed within the originally estimated 2-1/2 weeks.
h. Problem/Challenge Avoidance & Early Resolution: Some of the existing emitters were not working properly
at areas where the Geoweb was installed. Included in our proposal was a small amount of money to self-
perform and fix any irrigation issues that may pop up. We were able to quickly fix these problem areas,
including some that were not directly part of our scope of work.
i. Client References: Provided in Attachment 1
b. Size, Schedule, Budget, Complexity: After providing emergency response to stabi-
lize storm damaged structures, ForeSite performed an as-built survey of the existing
Fiesta ramada compound and produced new civil plans. The plans outlined the
demolition of existing precast furnishings, equipment and ramada structures to be
removed, and new ADA compliant concrete slab on grade elevations. We also pre-
pared a new structural detail for the concrete encasement of 30 deteriorating steel
ramada columns. All electrical receptacles on the columns were raised to accom-
modate the new concrete encasement and were replaced with waterproof GFCI receptacles. The existing
electrical primary feed was incorporated into one of the new concrete columns, protecting it from future
damage.
c. Services Provided: ForeSite worked with the City to select, on qualifications, a civil engineer / survey firm
experienced with work on the site. This brought efficiency, compatibility and consistency to the project and
minimized the learning curve for the project. Civil design documents were prepared and coordinated with
the City to meet their ADA requirements for the park. During construction, ForeSite provided collaboration
with stakeholders, design and construction phase scheduling, budgeting and cost containment.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 3

d. Process to establish price & keep cost within estimate: Being a design/build for the FORESITF,
civil scope of work, there were numerous reviews done during design to ensure we
stayed within the budget. Once the design was complete the project was competitively bid to prequalified
subcontractors. The extensive preconstruction work during the design phase ensured there were not any
surprises to add costs to the project.
e. Owner budget: N/A I Estimate: $96,944 I Final Contract: $103,604 I Savings & Allocation: Being involved
in the design process provided a better understanding of the end goal. There were no added costs from
the base scope, so the City used their contingency to include new water fountains and repair additional
damage concrete headers in the park.
f. Quality Determined & Achieved: ForeSite built concrete slab-on-grade mock-up panels for approval prior to
placement. A walk of the proposed concrete walkways and slab elevations with the City to verify new
grade elevations verified conformance with City ADA guidelines and requirements. To confirm the finish
had been obtained, ForeSite's Superintendent and Project Manager pre-punched the work before the City
review.
g. Completion Schedule: The project was completed within the contract time.
h. Problem/Challenge Avoidance & Early Resolution: Upon completing the as-built of the existing site grade
elevations, the civil designer in collaboration with the City determined the desired concrete walkways and
slabs. This confirmed that the existing grades were not in conformance and we were able to adjust grades
and proposed walkway layouts to come to an acceptable design meeting ADA requirements prior to imple-
mentation of the work.
i. Client References: Provided in Attachment 1
.1111-711%
b. Size, Schedule, Budget, Complexity: New 640 SF masonry restroom building with
twelve toilet compartments, prison-grade toilets and exterior lavatories. The building
featured a standing seam metal roof and natural river rock wainscot. The schedule
was 21 weeks with construction and all change orders being finished within this time
period. Due to the desired exposed materials, and to reduce future maintenance, the
steel, masonry and stone connections and penetrations needed to be precise to pro-
vide for a pleasing finish product.
c. Services Provided: Preconstruction services included pre-purchase of the long lead equipment, estimate
preparation and scheduling coordination. Value engineering and value added suggestions were also pro-
vided . Construction services included collaboration with stakeholders, understanding their goals and ob-
jectives, schedule delivery, quality control, start up and commissioning and closeout.
d. Process to establish price & keep cost within estimate: Competitive bidding of trades assured advanta-
geous pricing. Weekly internal reporting of actual and committed costs kept the team informed. We re-
viewed subcontractor change proposals for added scope for reasonability, challenged them when appropri-
ate, or found alternate means to accomplish the work. Certain scopes of work were aslo self-performed at
a better value.
e. Owner budget: N/A I Estimate: $535,175 I Final Contract: $550,782 I Savings & Allocation: Cost increases
were due to added scope, including a tapping sleeve and valve at the domestic water service main that re-
quired a larger size than designed. We also added 12 access panels and engineer directed drainage
modifications.
1. Quality Determined & Achieved: A thorough submittal process ensured compliance with the contract docu-
ments. One-on-one preconstruction meetings with each subcontractor to review expectations and the de-
tailed scope of work were performed to establish the quality level. ForeSite pre-punched the project before
subcontractors demobilized to make sure any concerns were addressed in a timely fashion.
g. Completion Schedule: The notice to proceed was issued on 1/19/09 with a construction duration of 150
days. The project was completed within the original contract time while incorporating several City request-
ed scope additions.
h. Problem/Challenge Avoidance & Early Resolution: During the submittal process, conflicts with material
connections became apparent. Collaboration with the designers and subcontractors allowed us to solve
the connection issues prior to materials being fabricated at no additional cost to the City.
i. Client References: Provided in Attachment 1
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 4

A PROJECT TEAM FORESITE
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....Describe Job Order Contract project delivery method experience or comparable experience.
ForeSite's team has recent experience working together in the same roles as proposed on numerous JOC
projects. All of our team members have significant experience working with Maricopa County as a JOC/
CMR collaborative team member. Examples are shown in the chart in item 'd' below and resumes.
OPERATIONS MNGR / SR PROJECT MANAGER, Scott Breeding has been accountable for and coordinated
the resources for successful completion of all ForeSite's JOC park and civil projects including phased pro-
jects, renovations in operating/occupied and secured facilities. He has worked with our team to schedule
and staff over 300 job order projects. He will oversee construction activities, logistics and master schedul-
ing. Scott will assign the appropriate resources to the ensure the success of the project. Scott has also
served as Sr. Project Manager on many job order projects. Examples of project experience include those
listed in Section 1, 2d, and attached resumes.
PRECONSTRUCTION MANAGER, David Holt has 32 years of preconstruction experience and has success-
fully prepared/reviewed estimates for all of the company's JOC projects for comprehensiveness and accura-
cy. Design-phase collaboration with all participants, scope clarification, CD coordination, and value-added
engineering are among his areas of expertise. Dave assists with Design/Build, programming, defining
scope and setting budgets. He is experienced in providing Owners with timely detailed information to make
informed decisions about value, quality and schedule. Project examples include those listed in Sections 1,
2d, and attached resumes.
PROJECT MANAGER, Jarrod Kerns, PMP, LEED AP has extensive experience managing projects within op-
erating facilities, parks, infrastructure, and security upgrades. Jarrod's professional management style, col-
laborative approach, and commitment to a successful
outcome will be an asset to the project team. Jarrod LI Graphical Organization of Proposed Staff
has been providing project management services to Provide graphical organization of proposed staff.
Maricopa County for the past two years on JOC and
CMR projects. Project examples are indicated on 2d Design Team &
and attached resume. Stakeholders
PROJECT MANAGER, Drew Wenger has substantial
experience with Maricopa County JOC projects as Maricopa County F ORESITE
well as operating facilities, parks, site improvements, Parks & Recreation Job Order Contractor
and visitor center projects. He expedites submittal Leslie Rozzell
processing, assists with estimating and subcontractor President
interaction, processes RFI's, and contract administra-
tion activities to support the project team. Project ex- Scott Breeding
amples are indicated on 2d and attached resume. David Holt Operations Sr. Project Manager Manager Joe Lanute
PROJECT SUPERINTENDENT, Phil Schreiber has Preconstruction Jarrod Kerns Safety Consultant
substantial experience working collaboratively with Drew Wenger
Maricopa County on JOC and CMR projects, as well Preconstruction Estimating Services Staff Project Managers Project Phil Superintendent Schreiber
as experience with park improvements, and operating
facility coordination as illustrated below and on his Field Support
resume. He is familiar with Maricopa County Inspec- As Required
tors, non-disruptive work practices and coordination
of sensitive system tie-in schedules.
Current and Projected Work Loads I Time Dedicated to this Project
Provide graphic depicting current and projected workloads of proposed staff members. Indicate time that each of the assigned staff
person will have to dedicate to this project.
a Prt) FD:
David Holt Preconstruction Manager 80% 70% 30% (precon
Scott Breeding Operations Manager 80% 80% 20%
Jarrod Kerns Project Manager 75% 75% 25%
Drew Wenger Project Manager 80% 75% 25%
Phil Schreiber Project Superintendent 100% 0% 100% (construction)
Time dedicated to this project will be adjusted as needed. ForeSite will provide whatever resources are re-
quired to ensure the success of the project.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 5

Examples of Projects where Staff Worked as a Team
Include examples of projects where staff assigned to this project have worked together as a team.
David Holt Scott rod Ker Drew Schred3e
Years working together as a ea 18 9
MC Estrella Site Drainage Imrovements JOC Preconstruction Operations Manager Project Manager
MC CDL Shade Structure JOC Preconstruction Operations Manager Project Manager
Hance Pk Japanese Garden Imp rvmts JOC Preconstruction Operations Manager Project Manager
Kiwanis Park Erosion Control JOC Preconstruction Operations Manager Project Manager
Kiwanis Park Shade Structure Repairs JOC Preconstruction Operations Manager
Tempe Beach Park Restroom Building JOC Preconstruction Operations Manager Project Super
Tramonto Park CMR Preconstruction Ops Mgr/ Prjct Mgr Project Super
Burton Barr Library College Depot TI JOC Preconstruction Operations Manager Project Manager Project Super
MC Security Building Multi-Floor TI CMR Preconstruction Ops Mgr/ Prjct Mgr Project Super
MC East Court 7th Floor Courtrooms CMR Preconstruction Operations Manager Project Manager Project Super
PROJECT EXAMPLE DESCRIPTIONS (if not described in Section1)
Tramonto Park: 1.7 acre new neighborhood park in a rocky foothill terrain. Scope included new utilities,
plant relocations, play fields, shaded play grounds, picnic ramadas, restrooms, drinking fountains, reten-
tion areas, and basketball courts. Reference - City of Phoenix Parks, Tom Byrne 602-262-4897
Burton Barr Library College Depot TI: $140K, 1,500sf remodel coordinated within an operating public facili-
ty. Reference - City of Phoenix, Ruth Spear 602-256-3442
MC Security Building Multi-Floor TI: $3.6M Phased fast-track improvements within a secure operating facili-
ty. Reference - Maricopa County, Ed Wimmer 602-506-0602
MC East Court 7th Floor Courtrooms: $2.9M build-out of 7th floor shell space in downtown secure court
facility. Reference - Maricopa County, Hugh Gallagher 602-723-8955
Key Sub-Consultants
List proposed key sub-consultants with qualifications and experience of individuals. Include key sub-consultant resumes in Attach-
ments Tab 7(b) Resumes.
SAFETY CONSULTANT, Joe Lanute is experienced with providing the team safety guidance/training
throughout the course of our JOC contracts, and conducting regular safety inspections. He is familiar with
local codes and safety criteria. He is a valuable resource when particular safety concerns arise and
brings the perspective of a full time safety professional.
Example Projects where Staff and Consultants Have Worked Together as a Team
List example projects the proposed individuals of your firm and consultant firms have completed as a team.
Include examples of projects where staff assigned to this project have worked together as a team.
ForeSite has had an on-going consulting relationship with Joe Lanute, owner of Universal Safety Compli-
ance LLC, for safety consulting services for more than 11 years. Joe has been engaged for routine safety
training, project-specific safety concerns and inspections on numerous projects.
El SUBCONTRACTOR SELECTION PLAN FORE SITE
Please provide your Subcontractor Selection Plan for this project/contract. The proposed subcontractor selection plan should in-
clude 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.
ForeSite's process for subcontractor selection is tailored to each project as it is presented. Conversations
with stakeholders and Owner representatives provide insight into the priorities and goals of the project.
This allows us to select and solicit subcontractors for the project-specific scope of work using the following
steps:
• Identification of trades for the project
• Produce a list of pre-qualified subcontractors and suppliers that are a good fit to meet trade, quality,
and safety requirements, and allow for Maricopa County and design team input
• Review the schedule, budget and long-lead items to consider early qualification-based trade selection
if appropriate
• If applicable, present a detailed plan demonstrating the advantage of certain subcontractors selection
based on qualifications
• Establish bid date/time that meets the project goal and encourages maximum competition
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 6

• Issue detailed Instructions to Bidders that are specific to the project
• Conduct pre-bid jobsite walks with Bidders
• Contact subcontractors to clarify any questions
• Review bids for clarity, completeness, and eliminate any overlapping scope
• Present Maricopa County with the recommended subcontractors and suppliers for each trade to review
Implementing these steps, ForeSite will select subcontractors on a qualifications only, or qualifications and
price basis; but will not select subcontractors on a price only basis. The benefits of ForeSite's selection
plan include the ability to provide the best value to the project through qualified competitive subcontrac-
tors, as well as the ability to provide early subcontractor involvement if advantageous.
• Criteria for Determining the qualifications of the Subcontractors
Your criteria for determining the qualifications of the subcontractors, for example: Number of years in business, Financial history, etc
The criteria encompasses licensing, financial status, insurance coverage, bonding capabilities, company
experience, management depth, security 'Clearances, labor resources, historical performance, safety pro-
gram, LEED and SBE certification. ForeSite also considers the company culture to ensure they are a
good fit for the JOC program and the specific project.
Minimum Number of Qualified Subcontractors Available for Each Trade
The minimum number of qualified subcontractors available for each trade.
ForeSite will solicit a minimum of 4-6 qualified subcontractors in each major trade. Our goal is to exceed
the County's contractual minimum number of bidders for each trade to insure we get the best value for the
project.
• Range of Years that Your Qualified Subcontractors have Worked With Your Firm
The range of years that your qualified subcontractors have worked with your firm
ForeSite has long term working relationships with qualified subcontractors that span up to 23 years. In a
continuing effort to add value and respond to the changing marketplace and construction climate, we con-
tinue to reevaluate those included and add new qualified subcontractors to our database.
Subcontractor Reference Contacts
Provide reference contacts for three (3) major trade subcontractors utilizing the format provided in Attachment 1.
References are provided in Attachment 1- Subcontractor References.
PROJECT MANAGEMENT PLAN FORESITE
Describe the schedule management and control process your firm proposes to apply to projects assigned under this JOC. Spe-
cifically address submittals, sub-contractor management, and critical path aspects of project and material availability.
PROJECT MANAGEMENT & CRITICAL PATH MANAGEMENT
Job Order Work Plan Development Each job order is addressed individually. Fore-
Site will learn each stakeholder's role, agenda and concerns to better understand
what can be done to develop an achievable work plan that meets the requirements
of the team. The client department's schedule of operations affecting the site/area is
assessed during the process and a plan is developed to minimally impact opera-
tions. The logistical constraints, existing conditions, constructability, and safety are
also considered, and a plan will be coordinated to accomplish the work safely and
efficiently. Based on the information gathered, a Critical Path Method (CPM) sched-
ule is developed based on the work plan understanding.
Procurement Lead-Times Identified. Knowing that material lead time can often
times drive a JOC schedule, lead times are assessed during the pre-construction
process to determine if alternate materials, or if early material delivery will be re-
quired.
Start Date based on Work-Flow Continuity. ForeSite will work with Stakeholders to back into a credible
start dated based on critical path material and equipment lead-times, ensuring that we can meet or exceed
the desired completion date.
Improving on the Target Date. During the preconstruction process we will fine tune our CPM schedule
including all aspects of the work and attempt to improve upon the project's target completion date.
Critical Path During Construction. During construction, our Superintendent will update the schedule
weekly based on their detailed understanding of the project. These updates will keep team members, in-
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 7

cluding subcontractors, informed of ongoing and upcoming activities. With hands- FORESIT
on daily involvement we will be equipped to deal with changes and find solutions.
Our Project Management team will review the schedule logic and add solutions-oriented field expertise.
ForeSite can bring additional labor resources, as conditions require, to meet the schedule. Corrective ac-
tions will be implemented if the schedule is not being met, or if other time savings are identified.
Continuously Adjusting Our Course. Our attitude at ForeSite is not to simply allow things to happen and
report them, but to control the activities and constantly rethink and adjust our plan to ensure completion
on or before the designated date. Superintendents will update a 3-week look-ahead schedule that will be
distributed to the team on a weekly basis. These schedules are not only used to track progress, but to
inform the team of upcoming milestones, so that proper steps can be taken to ensure the critical path
does not slip. Input from the team can also provide insight on schedule improvements or other alterations.
SUBMITTALS
The submittal process is key to the success and timely project completion. During the preconstruction
process we fine tune our CPM schedule including all aspects of the material procurement to track and po-
tentially improve upon the project's target completion date. If early submittals are required to complete a
project on time, then ForeSite will communicate the critical nature of the submittals to the County and work
with our sub-contractors to start the submittal process early. Limited Notices to Proceed can also be uti-
lized if early material order is required. Procurement activities are included in our CPM schedule, so all
team members are informed of the submittal durations and the impact they play on the overall project de-
livery.
SUBCONTRACTOR MANAGEMENT PROCESSES
Maricopa County Specific Subcontract Documents. Maricopa County includes specific requirements in
the prime contract that directly impact subcontractors. These requirements will be incorporated into Fore-
Site's subcontract documents for all Maricopa County Parks JOC projects to ensure adherence from the
entire construction team.
Pre-Mobilization Meeting. ForeSite conducts a one-on-one pre-mobilization meeting with each subcon-
tractor's field supervisor, at which time the schedule, manpower and quality expectations are addressed.
Subcontractors sign off on the project schedule, safety plan and project approach before starting work on
site.
Subcontractor Management. ForeSite has extensive standardized written procedures addressing subcon-
tractor management including safety, submittals, material expediting, weekly meetings, weekly schedule
updates, reviews of the work, corrective actions, and payment procedures. Relationships with our sub-
contractors are always our first line of management, but if needed, there are contractual steps that Fore-
Site puts in place to ensure adherence to the contract drawings and schedule. While it is not common,
ForeSite retains the contractual right to replace subcontractors due to lack of adherence to the contract
documents and will do so if required to meet the quality or time constraints of a project.
Subcontractor Security Protocol. We are familiar with security clearance, badging requirements, and af-
ter-hours access requirements. ForeSite will administer security clearance and badging for subcontractors
by requiring the timely submission of all applications in advance of construction start. We scrutinize their
submissions for completeness prior to County submission to facilitate and shorten this process. We main-
tain a database of subcontractor personnel security clearances as a management tool and to expedite the
preconstruction process.
ADDITIONAL JOC MANAGEMENT PROCESSES
Partnering Experience I Proven Track Record. The ability to work successfully as part of your team is
critical to the success of the JOC program. ForeSite's team has been instrumental in the successful col-
laboration on numerous, diverse JOG projects for Maricopa County, as well as many other government
clients.
Resource for Construction Solutions. As your JOC Contractor, ForeSite is an integral member of your
team; a resource for budgeting and identifying construction solutions
Facilitate Timely Informed Decisions. ForeSite's mission as your Job Order Contractor is to provide con-
struction solutions that accomplish your objectives. We keep you informed of the risks during the course
of construction and assist in contingency planning. We provide value engineering and value-added ideas
for your consideration.
Full-Service Turn-Key Approach. ForeSite strives to provide whatever services are required for each indi-
vidual job order including design-phase services such as design assistance to owner-contracted design-
ers, design-build services, and coordination of owner-direct trade vendors.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 8

Design I Build Services. ForeSite will coordinate design/build services for the pro- FORESITE
ject as required to facilitate the construction objectives. This design/build approach
can encompass the overall project or a particular system. ForeSite carries professional liability insurance
required for design services.
Project Definition and Budgeting. When desired, ForeSite will assist in defining the scope of work to be
accomplished, and evaluating the program priorities relative to funds available.
Familiarity with County Requirements and Processes. Over the past 4+ years we have gained an under-
standing of Maricopa County's requirements and processes. We are agile at adapting to process and pro-
cedure changes as they arise in the County's quest to continually improve the service they provide to their
client departments. ForeSite has a proven track record of working successfully with the challenging oper-
ating environments and administering the various security clearance requirements (ie. Trial Courts, Pro-
tective Services, OFT). We understand how to work and coordinate with the various client departments
and personalities to have no or minimal disruptions to their daily routine and operations.
Staffing Resource Management ForeSite has been providing JOC services on multiple concurrent job
orders for the last 14 years. We have developed resource management tools to ensure that we are re-
sponsive and anticipate the upcoming resource demands. Scott Breeding, Operations Manager, is expe-
rienced with the flexibility required to successfully meet the demands, having operated in this capacity for
23 years.
Backlog Schedule. We maintain a master backlog schedule, which is updated weekly with potential new
projects on the horizon, as well as input from each of our superintendents' weekly schedule updates on
current jobs. We are able to anticipate upcoming resource requirements and respond accordingly.
Responsiveness and Flexibility. One of the keys to our success has been our flexibility and our ability to
respond to the objectives and requirements of our clients. We are skilled at focusing resources on priori-
ties and adapting as situations change. Our partnering approach will be customized to meet each client/
user's needs on every project.
Communication Tools. Communication tools include large and small format document scanners, pdf com-
menting/editing software, computer updated schedules, smart phones, ipads, digital cameras, webcams,
ftp website for electronic distribution of large plan files and fax/email communication distribution groups.
Coordination with County-Direct Vendors. ForeSite has experience coordinating with Maricopa County's
vendors such as Climatec (fire alarm system), ESI Electrical Systems Inc. (surveillance & security sys-
tem), Teltech (data and telephone), and audio visual consultants. We will make sure that the appropriate
vendors are "in-the-loop" and that all infrastructure to ensure properly functioning systems is coordinated
timely.
Unique I Unusual. During the past 14 years of job order contracting we have been tasked with some
unique and unusual projects. For example, trail improvements on the side of Camelback Mountain requir-
ing helicopter material lifts, new field lighting and scoreboard installation at Diablo Stadium improvements
to historically significant sites/buildings like the Maricopa County Security Building, Rosson House, and
Pueblo Grande Museum. We have issued multiple RFQ's for specialized procurements. Our team enjoys
rising to the challenges that our clients bring, and contributing to the
success of these projects. ForeSite thrives on thinking outside of the "ForeSite Design & Construction
box. has provided outstanding ser-
Balanced Value Approach. ForeSite knows the key to a successful vice to the City of Phoenix over
schedule is being responsive and flexible to the occupants needs, all the past six years... They worked
collaboratively with City staff to
while keeping the project's goals and cost/value in perspective. establish policies and proce-
Project Checklists & Meetings. To ensure that all tasks are addressed dures for the new (JOC) delivery
and responsibilities assigned we have developed a series of check- method. Based on experience,
lists: Start-Up, Course-of-Construction, and Close-Out. At the appro- the city then selected them to
priate time the project management team meets and addresses each complete some very complicat-
checklist. At the "Project Start-Up Meeting" pre-construction staff ed, highly visible projects using
walks through the project to download in detail to the operations team. the Construction Manager at
At the "Course-of-Construction Meeting" the project team ensures we Risk delivery method.. .both
have all our ducks in a row to properly start the project timey and effec- were completed in an outstand-
tively. The "Close Out Meeting" ensures the as-bulks, 0 & M manuals, in g manner"
Owner training and final billings are completed timely.
Weekly Operations Meeting. Our project management staff meet on a WYLIE BEARUP, PE PhD
weekly basis to exchange information about current projects and up- Former City Engineer
coming proposals and their resource requirements. City of Phoenix
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 9

BUDGET a SCOPE MANAGEMENT CAPABILITY FORESITE
Describe the budget management and control process your firm proposes to apply to this Project.
Proven Budget Management Capabilities. ForeSite has consistently delivered projects, including all JOC
projects, within budget and has typically generated some savings. We are thorough and thoughtful. We
utilize software tools, which aid in accuracy and eliminate double entry.
Variance Reporting I Analysis Tools. Our software tools allow us to provide variance reports comparing the
updated estimate with the previous estimate reflecting line-item variances for the team to review and analyze.
Savings Identification. During the course-of-construction, we identify any cost savings early-on, and once
it is confirmed, we share this with the project team so the funds may be returned or used at the Owner's
direction. Tools we use to identify savings include tracking of committed and projected costs, as well as
real-time costs, all for comparison with the imported budget within our integrated system.
Instruction to Bidders. To control the budget we will prepare detailed instructions about special means
and methods, sequencing, access, work hours, facility schedules, security requirements, material/
equipment staging and delivery limitations, etc.
Comprehensive Scope Checklists. We prepare detailed scope checklists for each trade and ensure that
all bids include the proper scope, or are adjusted to reflect only the complete required scope.
Add Alternates. If appropriate to provide budget control, we will work with the project team prior to bidding
the project to define additive alternate scopes of work for optional inclusion. This approach provides a
better value than removing scope later.
Self-Perform Capabilities. Our self-performed capabilities will add value and allow us more control, flexibil-
ity, and responsiveness. We analyze weekly detailed cost reports, which are particularly important to
managing the self-perform work productivity.
System Design-Build. To obtain a better value we may recommend competitively bidding design/build ser-
vices for a system, such as steel structures, fire sprinklers and fire alarm.
PRE-CONSTRUCTION
Cost Proposal Development. The cost estimate is developed to reflect the work plan and schedule. A
conceptual budget can be developed at any level of design completion as required. Before soliciting bids
from prequalified subcontractors, we will develop "Instructions to Bidders" to relate the project specific cri-
teria and constraints to the subcontractors. This document will clarify the expected scope for each sub-
contractor and alleviate the cost of duplicated scope that two subcontractors will potentially pick up.
Subcontractor Jobsite Walks. We have found that detailed preconstruction/pre-bid job walks with subcon-
tractors, imparting as much information as possible, will remove guesswork, yield the most competitive
pricing and generate constructability ideas, while providing the most accurate price.
Open-Book Transparency. ForeSite operates in a transparent "open book" manner. We provide a scope
outline, clarifications and supplemental detailed information, along with the final detailed estimate break-
down including the bids received and analysis of those bids to determine the lowest responsive bid.
Value Engineering. Pertinent value engineering suggestions and value-added options will be developed
based upon client requirements, expectations and priorities. Our constructability reviews include field in-
vestigation as required for discovery. ForeSite will also consult select specialty subcontractors to supple-
ment our constructability reviews regarding the most cost effective means and methods for accomplishing
their scopes.
CONSTRUCTION
Adding Value During Construction. ForeSite's cost control techniques have been developed over the past
23 years. They include comprehensive risk assessments associated with the Work and contingency plan-
ning. Our standardized subcontractor management practices are also instrumental to cost control. We
continue to search for value-added concepts during the course of construction. Savings due to value-
added construction techniques and efficiencies are identified, so the funds can be reallocated for addition-
al scope or the savings will be reflected in the final reduced invoice.
Decreasing the Likelihood of Changes. ForeSite strives to conduct a complete discovery process and
provide for all risks reasonably associated with the scope of work. In so doing we seek to avoid changes
and provide contingency plans if necessary.
Detailed Analysis of Change Requests. When a change in scope does arise, our standard detailed break-
down makes it easy to evaluate. ForeSite will scrutinize the information for appropriateness and reasona-
bility and review all costs in detail with the County. We do not "rubber stamp" changes requested from
subcontractors.
Comprehensive Documentation. ForeSite manages changes to the scope in an open book manner, and
provides the County with comprehensive documentation.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 10

a EXPEDITED COMPLETION OF THE PROJECT FORESITE
ri Fast-Track Practices and Procedures
Describe what practices and procedures your firm utilizes when asked to "fast-track" a project.
Preconstruction Preparation & Planning. ForeSite will immediately focus on gaining an understanding of
the stakeholders concerns and goals. We'll utilize this information to develop a detailed efficient plan and
schedule with multiple contingency plans addressing the identified potential challenges. The opportune
window to pick up the most time on a fast tracked project is at the very beginning. It requires engaging
immediately with more resources than normal. The team must be extremely organized at the start of con-
struction to execute flawlessly with the desired increase in efficiency.
Procurement Management. Utilizing our project management software and designated schedule activities to
track the submittal and expediting process we will manage the timely procurement of materials and equip-
ment.
Expediting Long-Lead Items. A technique we have used working with the County to expedite early release
of long-lead items, prior to the job order, is to initiate a purchase order for just those items while the bal-
ance of the project is being designed and budgeted.
Creative Approach to Schedule Compression. We have found that a creative thinking "outside-of-the-box"
approach assists us in exploring ways to overlap many phases and activities while maintaining efficiency
and squeezing the overall schedule as short as practical.
Critical Path Activity Analysis. We will analyze the critical path activities for possible efficiencies. Often a
few strategic premium dollars can yield worthwhile time savings.
Communication & Schedule Management from the Field. Once construction begins, our Superintendent will
manage the critical path schedule from the jobsite. This allows him to immediately see the consequences
of scheduling changes and the impact on related activities. This process will also allow him to immediate-
ly take advantage of opportunities to compress the schedule.
Solutions Oriented. ForeSite will facilitate timely information and decision making. We will offer solutions
and address the pertinent criteria to assist the decision makers.
"Pre-Punch" Sub's work as soon as completed. By taking the time to perform a "pre-punch" of the subcon-
tractor's work immediately after their completion and before they demobilize, ForeSite saves time in the
long run. This will minimize the Owner/Architect's punch list at the end of the project. Our goal is a zero
punch list.
Added Scope & Completion Date Remains the Same. We have frequently been asked to add scope to a
project and maintain the original completion date. We can add ForeSite resources both administratively
and in the field to manage this. Another strategy is to add supplemental subcontractors in the same trade
to perform a defined added scope if the original subcontractor cannot perform the additional scope in the
required time.
Self-Perform Capability. ForeSite can self-perform work when appropriate, such as when we can provide
the best value, or if we can save time responding to a concealed condition situation. If a subcontractor's
resources are insufficient, we can supplement with our own crafts people. This capability allows us to pro-
vide more flexible and responsive service.
Sample/Mock-up Preparation. ForeSite will expedite sample/mock-up preparation ear-
ly on to allow the necessary time for interaction and avoid delays. Preconstruction
preparation will be required to determine the means and methods acceptable to
achieve the desired results.
Modified Work Week. The ability to work four 10-hour shifts, which can include off
hours at the facilities being used without incurring overtime premium costs, will save
the time of one "roll-out", one "roll-up" of tools and equipment.
Similar Projects Applying Fast-Track Procedures
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 ref-
erence information in Attachment 1. Also include a description of the time savings achieved.
UiVie Plea. apace P1 - CI' of PhVie ' 'flew Park
Pre-Construction, Preparation and Planning. Due to multiple phases and an unusual amount of stakehold-
ers, this process was crucial. It is difficult to calculate time savings other than we completed the project
on time. •
Expediting Long Lead Items. We had several unique elements and many long lead items. These items
were typically priced and released in the early phases to ensure timely delivery. We saved anywhere from
6-12 weeks, depending on the piece of material or equipment.
Added Scope and Completion Date Remaining the Same. An additional phase to the project was added,
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 11

which included developing a future south east corner of the park. ForeSite had to FOR_ESITF _
get another concrete and steel subcontractor involved because the current ones
were already over extended. We moved a ForeSite foreman over to help supervise the additional work. It
enabled the team to incorporate an extra 6 weeks into the Scope of Work.
=m-Tat
,1;4-". 1:ti " •
Pre-Construction, Preparation and Planning. When projects are complicated or phased like this one, this
process described in 6a is crucial. In addition to the complicated phasing, this building was constructed in
the early 1930s, so extensive time was spent on discovery. At times some of the design consultants,
ForeSite and a few key subcontractors were all working together opening walls and systems to evaluate
the conditions to finalize design details.
Self-Performed Capability. A refresh to a section of another floor was added to our Scope of Work. The
demo, framing, drywall, and paint trades were over extended; therefore, ForeSite performed this work.
This allowed us to complete the project by our original completion date.
Benedict strk, City of Terdpe Park" •Iteplacing the Sports Fi d and Pa i ngot Lightin
Procurement Management. Based on our preliminary schedule the LED parking lot light fixtures were not
working into either the current schedule or the budget. After several brainstorming meetings with the City
of Tempe, it was decided that the City would purchase the lights prior to our JOC agreement. It saved the
project about 4 weeks.
Creative Approach to Schedule Compression. Based on the pre-construction schedule, it was going to be
difficult to complete the sports field lighting by Memorial Day weekend, when the park was to be opened.
To save time, we decided to instruct the bidders to use directional boring in lieu of the traditional trenching
and backfill. This also saved time and money on A/C trench patch back in the parking lot. This saved us 2
weeks.
Mitigation of Scheduling Impacts Due to Permitting Requirements
Describe what practices and procedures your firm utilizes to plan for and mitigate schedule impacts due to permitting requirements.
After first creating a detailed schedule reflecting both pre-con and construction activities, we can determine
if the permitting process is on critical path and how many days it will disrupt the County's desired comple-
tion date. The team will consider all the expediting techniques described in 6a and implement whatever
strategies may apply. ForeSite will work with the County to determine how much risk the team is willing to
take and devise a plan for moving forward. In some cases, once the first permit review comments are
made, the owner decides they would like to start with construction and wait for the permit to catch up.
With our detailed schedule we can identify when the permit is required for our first inspection to identify the
appropriate project start date. Often we are able to rearrange the schedule to accomplish as much work as
possible before an inspection is required. Another option is to pull a demo or civil permit to start construc-
tion while the rest of the project is being reviewed. We also have had success on some projects talking to
the building inspector and explaining the sense of urgency of a completion. Often, they will work with us
by doing courtesy inspections, allowing us to take photos prior to covering up work or allow special inspec-
tions by design consultants until a permit is available.
JOC Service Example: "Tempe City Council directed City Staff to have McClintock and Rio Sala-
do Parkway completely open prior to the January 1st holiday weekend. The private development con-
tractororiginally scheduled the pavement patch forearly Tuesday morning and cancelled the work at the
• • last minute sending City Staff scrambling for a backup plan. I called Scott Breeding at ForeSite on
Tuesday afternoon and within a day Scott had assembled the contractor, materials, and equipment to
• accomplish the job on Friday. Although the patch was completed in time by the private development
contractor, ForeSite was able to provide the safety net to assure that the City's goal was met."
JAMES BOND, Principal Civil Engineer (retired), City of Tempe
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Page 12

El ATTACHMENTS ORESITE
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 state-
ment that the firm holds the appropriate license, license type and contractor license number.
ForeSite Design & Construction, Inc. currently holds the following licenses appropriate for
this contract issued by the Arizona Registrar of Contractors:
B-01 095182 General Commercial Contractor
A- 160163 General Engineering
b. Resumes
Resumes are attached for the following five (5) key team members and a consultant:
Scott Breeding Operations Manager/ Sr Project Manager
David Holt Preconstruction Manager
Jarrod Kerns Project Manager
Drew Wenger Project Manager
Phil Schreiber Project Superintendent
Joe Lanute Safety Consultant (per Item 2.e)
c. References
Attachment 1 Reference Form follows for 1.i. Clients, 3.d. Subcontractors, and 6.b. Fast-
track examples.
d. Addendum Acknowledgement
Attachment 2 Addendum Acknowledgment is executed and attached.
e. Legal Worker Certification
Attachment 3 Legal Worker Certification is executed and attached.
L Surety Bond
Attachment 4 current standard surety bond forms are acknowledged, and will provided on
an individual task order basis as required.
g. Proposal Exceptions
None taken.
Ii. lion -Collusion Affidavit
Attachment 5 Non-Collusion Affidavit is executed, notarized, and attached.
ForeSite Design & Construction, Inc. Maricopa County JOC Parks & Recreation Serial #15051-JOC Attachments

FoRESITE
Representative Projects
Dust Devil Park (CMR), Phoenix, AZ
$4.6M 14 acre community park incorporating a flood irrigation rivulet.
Tramonto Park (CMR), Phoenix, AZ
$1.7M 12.8 acre new neighborhood park
W. Scott Breeding L MC Security Building Multi-Floor TI (CMR), Phoenix, AZ
OPERATIONS MANAGER $3.6M 45,000 SF phased TI for building on historic register..
SENIOR PROJECT MANAGER Civic Space (CMR), Phoenix AZ
Years with ForeSite: 23 years $13.3M, 2.77 acre urban space and public assembly building renovation.
Construction Experience: 34 years Old Courthouse Ren. & Justice Museum (CMR), Phoenix, AZ
$1.9M exterior rehab, 12 courtrooms, and justice museum improvements
Scott Breeding has been Operations Man- Volleyball Courts- JW Teets & Mtn View Parks(JOC), Phoenix, AZ
ager overseeing ForeSite's municipal JOC $87K Installation of new sand volleyball court, irrigation, lighting.
services for 14 years. He has extensive Petersen Park Grading, Paving, Sewer Main (JOC), Tempe, AZ
experience managing resources for mul- $173K new retention basin, turf area, new 2" sewer force main.
tiple concurrent projects, and coordinating North Mountain Visitors Center Exhibit Ren (JOC), Phoenix, AZ
work in secure and operating facilities. In $169K Renovation of exhibits and signage.
fact the majority of our work is in operat-
ing facilities. Encanto Park Entrada (JOC), Phoenix, AZ
$41K New commemorative entry gateway and plaza.
He has been directly responsible for the
management of complex, fast-tracked proj- Heritage Square Park/Rosson Hse Rehab (JOC), Phoenix, AZ
ects of the most sensitive nature for clients $300K Rehabilitation of 10 historic structures.
whose livelihood depends on successful Pueblo Grande Trail Improvements (JOC), Phoenix, AZ
results. Scott's expertise in CPM schedul- $63K Trail and patio improvements at sensitive archaeological site.
ing, cost control, quality implementation, Playa Margarita Park Improvements (JOC), Phoenix, AZ
constructability, and proactive manage- $36K New ramadas and replaced walks.
ment enable him to anticipate challenges Tempe City Hall HVAC Piping Replacement (JOC), Tempe, AZ
and implement action plans. $594K Replace HVAC piping in operating facility.
Scott Breeding co-founded ForeSite in Pioneer Park and Smurthwaite House (JOC), Phoenix, AZ
1992. Every project under his manage- $193K New ramada, lighting, patio and restoration improvements.
ment has been delivered timely, within MC 4th Ave Jail -APS Vault Relocation (JOC), Phoenix, AZ
budget constraints, and to the clients $146K chilled water air handling system replacement without shutdown.
satisfaction.
MC Durango Jail - Controls & VFD Design/Build (JOC), Phoenix, AZ
Regisrations and Licenses $132K Change chilled water pumps to variable frequency drive pumps.
Arizona License R0C160163,
A General Engineering South Mtn Park Pondersosa Stables Repairs (JOC), Phoenix, AZ
Arizona License R00095182, $139K repairs and reroofing to existing stable facility.
B-01 General Commercial Contractor MC Estrella Jail Hot Water Line Replacement (JOC), Phoenix, AZ
Arizona License R00095181, $137K replacement of 1,600 LF of hotwater line within secure facility
B General Building Contractor
Sunburst Paradise Park Playground Ren (JOC), Phoenix, AZ
Education and Training $142K New ramadas, replaced walks, lighting, resurface bballct.
University of Northern Iowa, Cedar Falls
Bachelor of Arts - Industrial Technology JGM WTP Security Improvements (CMR), Tempe AZ
Construction emphasis $147K campus security improvements at water treatment facility.
SSTA 15 Hour Safety Training Benedict Sports Lighting Phases 1 & 2 (JOC), Tempe, AZ
OSHA 10 Hour Training $697K & $687K energy efficient sports and parking lot lighting replcmt.
First Aid and CPR Training Saint Vincent de Paul Hall of Banners (JOC), Phoenix, AZ
ADEQ Certified Dust Control Trainer $689K 12,000 SF Improvements for sound insulation, energy efficiency.
ADEQ EPA Method 9 Visible Emissions
Certified Hermoso Park Improvements (JOC), Phoenix, AZ
$198K Design/build services for new ramadas in operating park.

FORESITE
Representative Projects
Civic Space (CMR), Phoenix AZ
$13.3M, 2.77 acre urban space and public assembly building renovation.
Dust Devil Park (CMR), Phoenix, AZ
$4.6M 14 acre community park incorporating a flood irrigation rivulet.
David B. Holt Tramonto Park (CMR), Phoenix, AZ
PRECONSTRUCTION MANAGER $1.7M 12.8 acre new neighborhood park
MC Security Building Multi-Floor TI (CMR), Phoenix, AZ
Years with ForeSite: 18 years $3.6M 45,000 SF phased TI for building on historic register..
Construction Experience: 31 years MC Security Building Window Rehabilitation (CMR), Phoenix, AZ
$1.7M window rehab for building on historic register.
David Holt has lead ForeSite's precon-
struction services for 18 years including Maricopa County Animal Care Dog Park (JOC), Phoenix, AZ
321 municipal/governmental JOG projects $89K new dog park for the Maricopa County Animal Care.
as well as many CMR projects. North Mountain Visitors Center Exhibit Ren (JOC), Phoenix, AZ
$169K Renovation of exhibits and signage.
His diverse municipal JOG experience has
included improvements for public parks, Tempe Beach Restroom Building (JOC), Tempe, AZ
police departments, fire departments, $535K New 640SF restroom building in an operating park.
historical renovations, courts, city hall, Heritage Square Park Lath House Reconstruction (CMR), Phoenix, AZ
council chambers, museums, libraries, $1.5M Reconstruction of heavy timber structure in downtown.
governmental office administration, infor- Desert West Park Restroom Facility (JOC), Phoenix, AZ
mation technology, redundant power, data $73K Coordination of installation of utilities and prefab restroom bldg.
centers, detention centers, security, and Echo Canyon Trail Improvements (JOC), Phoenix, AZ
communications. $259K Trail construction on the north side of Camelback Mountain
Preconstruction and design/build services Halle Heart Childrens Museum Renovation, Tempe, AZ
are among his areas of expertise. David $386K 15,000 SF Renovation of interactive museum space.
is skilled at translating program priorities Kiwanis Park Baseball Field Lighting Upgrade (JOC), Tempe, AZ
into construction solutions while being $958K high efficiency lighting and controls at 4 baseball fields.
mindful of budget objectives. His design- Hermoso Park Improvements (JOC), Phoenix, AZ
phase collaboration with all participants, $198K Design/build services for new ramadas in operating park.
scope clarification, construction document
coordination, and value engineering are MC SE Regional Facility Storm Water Drainage (JOC), Mesa AZ
appreciated by JOG clients. He is expe- $77K Design/Build of storm water drainage system.
rienced with providing timely information Petersen Park Grading, Paving, Sewer Main (JOC), Tempe, AZ
to make informed decisions about value, $173K new retention basin, turf area, new 2" sewer force main.
quality and schedule. Playa Margarita Park Improvements (JOC), Phoenix, AZ
The savings generated for clients from $36K New ramadas and replaced walks.
David's original value engineering efforts Kiwanis Park Sister Cities Restroom Building (JOC), Tempe, AZ
are substantial. $263K New 580SF masonry restroom building and utility extension.
Laveen Village Park Restrooms (JOC), Phoenix, AZ
Education $269K New 570SF prototype masonry restroom building.
Arizona State University, Tempe, AZ
B.S. Construction Management MC Northwest Courts Structural & Drainage D/B (JOC), Phoenix, AZ
$468K Phased site drainage, structural stabilization, & interior imprvmts.
Continuing Education
Computer Applications in Construction 36" Waterline-Scottsdale/Rural Rd (JOC), Tempe, AZ
Sage Timberline Precision Estimating $469K Installation of alternate 36" waterline in Rural Rd
American Red Cross Wesley Community Center Renovation (JOC), Phoenix, AZ
First Aid and CPR Training 15,000 SF, $600K Improvements for sound insulation, energy efficiency.
MC OET CHS Zone H Refresh (JOC), Phoenix, AZ
$409K redundant power infrastructure for information technology.

FORESITE
Representative Projects
MC East Court 7th Floor New Courtrooms (CMR), Phoenix, AZ
$2.7M 4 new courtrooms in operating secure facility.
MCDOT CDL Shade Structure D/B (JOC), Phoenix, AZ
Jarrod Kerns PMP, LEED AP $81K 4,200 SF Pre-engineered canopy at an operating facility.
PROJECT MANAGER Hance Pk Japanese Garden Ticket/Info Building (JOC), Phoenix, AZ
Years with ForeSite: 2 years $89K New info bldg addition in an operating public entry area.
Construction Experience: 14 years
University Drive Sidewalk Improvements (JOC), Tempe, AZ
Jarrod is a certified Project Management $91K new irrigation pipe and sidewalk right-of-way improvements.
Professional (PMP) with a background in
complex multifaceted projects. His project MC S Court Tower Card Readers & Mod.s D/B (JOC), Phoenix, AZ
management experience includes work $40K Installation of interior and exterior card readers and modification of
existing exhaust fan cages at South Court Tower.
with public entities, design consultants, IT
professionals, a variety of stakeholders, Benedict Sports Complex Lighting Phases 1 & 2 (JOC), Tempe, AZ
and community members. $697K & $687K energy efficient sports and parking lot lighting replace-
His experience includes collaborative ment lighting in an operating public park.
CMAR, JOC and Design/Build team coor- Wesley Community Center Renovation (JOC), Phoenix, AZ
dination, as well as coordination in secure $600K, 15,000 SF Interior renovation, sound insulation, energy efficien-
operating municipal environments and cy, mechanical, lighting improvements to operating community center.
public facilities. His project management MC LBJ Roof Pathway Lighting D/B (JOC), Phoenix, AZ
experience includes security clearance $274K Design-Build of new structurally reinforced roof lighting at Lower
administration, sound mitigation imple- Buckeye Jail accessory building.
mentation, courts, public parks, site/civil
improvements, detention facilities, com- MC SE Juvenile Court Records TI (JOC), Phoenix, AZ
munity centers, schools, redundant power $224K Clerk of the Court juvenile records secure counter and office TI.
upgrades, and information technology/ MC Board of Supervisors - Repairs (JOC), Phoenix, AZ
communication infrastructure. $58K Renovation of the public courtyard outside of the Maricopa
Jarrod is a successful collaborator with County Board of Supervisors Auditorium.
skills in bringing together stakeholders Secure Document Storage (JOC), Phoenix, AZ
with differing agendas. He has the proven $182K TI for secure document stg w/ steel bridge between buildings.
ability to successfully manage scope,
schedules and budgets. Jarrod is a MCDOT Metal Building/ Wash Rack (JOC), Phoenix, AZ
customer-oriented problem solver with an $175K Pre-engineered building and wash rack at operating facility.
exceptional ability to identify construction MC Assessor's Counter Remodeling (JOC), Phoenix, AZ
solutions and deliver projects to the clients' $78K Remodel of service counter and lobby, while remaining open.
satisfaction.
Data Hub Design/Build Renovation Project, Taylor, TX
Education $780K Design, site development, pre-cast building, electrical service,
Georgia Southern University, generator, redundant mechanical system, and entrance road.
Statesboro, GA MC Admin Bldg Generator Replacement (JOC), Phoenix, AZ
Bachelor of Science in $638K Procurement and installation of new 1,000 KW diesel genera-
Building Construction and Contracting tor with 2 ATS's at a secure operating Maricopa County facility.
Accreditations/Certifications Performing Arts Center Emergency Repairs (JOC), Tempe, AZ
Project Management Professional $22K Emergency response repair of failing masonry at public entry.
PMP Certification Helen Drake Senior Center Site Enhancements (JOC), Phoenix, AZ
LEED Accredited Professional $70K New bocce courts, shuffleboard courts, and horseshoe pits.
US Green Building Council
Heritage Square Park Roof Replacement (JOC), Phoenix, AZ
$205K wood shingle replacement on operating historic structures.

FoRESITE
Representative Projects
Kiwanis Park Erosion Control Improvements (JOC), Tempe, AZ
$44K Drainage / erosion control improvements at multiple locations.
Drew Wenger MC Estrella Jail Drainage Improvements (JOC), Phoenix, AZ
$123K Several drainage improvements, new 500 gallon grease inter-
PROJECT MANAGER ceptor, drywell and other sewer enhancements.
Time with ForeSite: 2 years
Construction Experience: 9 years MC OET Remote Zones Upgrade (CMR), Phoenix, AZ
$3.9M OET infrastructure improvements for information technology
Drew is a results-oriented, hands-on con-
struction professional who has success- Burton Barr Library College Depot TI (JOC), Phoenix, AZ
fully managed and coordinated several $140K 1,506 sf remodel for office, multi-purpose, and break rooms.
projects in a high security operating envi- MC NW Justice Court Transaction Counter Ren (JOC), Surprise, AZ
ronment. He was raised by an architect $47K Replacment of millwork, counter tops, and safety glass screen.
and has construction in his blood with over
9 years of construction experience includ- MCDOT Service Facility Refresh (JOC), Surprise, AZ
ing diverse types of commercial projects. $102K 6,000 SF new carpet tile, ceramic tile, paint in operating facility.
Drew brings a unique talent to the project MC Estrella Jail Lieutenant's Office Area Refresh (JOC), Phoenix, AZ
team by being able to think outside of the $94K flooring, base, ceiling, paint improvements to operating area.
box to solve complex problems. He has
shown his ability to be a team leader by MC Durango PC Command Center Refresh (JOC), Phoenix AZ
being an excellent communicator using $85 improvements included new mechanical system
that talent to bring the project team to-
gether to work cohesively to accomplish Fire Station 49 Generator (JOC), Phoenix AZ
any challenge. $144K new diesel generator, service entrance panel, transfer switch.
Drew has a verifiable track record for the MC Security Building 11th Floor Remodel (JOC), Phoenix AZ
successful completion of projects through $75K 2,241 SF New interior finishes in operating secure building.
coordinating trades, developing partner-
ships, and building positive rapport with MC LBJ Loading Dock Levelers, Card Readers (JOC), Phoenix, AZ
architects, engineers, local officials, and $108K Five new loading dock levelers at jail accessory building.
clients while maintaining costs. He is a MC Towers Jail Canopy and Driveway (JOC), Phoenix, AZ
highly motivated, dedicated and expe- $200K steel canopy addition, pavement and drainage improvements.
rienced construction professional who
strives to be the best he can each and MC Estrella Jail Mop Sinks and CHS Tank (JOC), Phoenix, AZ
every day. $108K Penal grade fixtures and secure storage in secure jail locations.
Education Mesa Public Schools Electrical Upgrades, Mesa, AZ
$250K Electrical upgrades at several schools including wiring for
Arizona State University, Tempe, AZ HVAC units and new lighting in various areas.
BS Construction Management
BIM Software Training MC Admin Bld Mold Damage Reconstruction (JOC), Phoenix, AZ
Specialized Training $38K Mold remediation repairs at 6 floors in Maricopa Cnty Admin Bld.
OSHA 30 Hour Training
First Aid and CPR Training MC 1 W Madison Mold Damage Reconstruction (JOC), Phoenix, AZ
Professional Affiliations $15K Mold remediation repair of finishes on two separate floors.
APAAZ American Planning Association MC S Court Interview Room Soundproofing D/B (JOC), Phoenix, AZ
Arizona Chapter
Habitat for Humanity $40K Prototype sound privacy improvements to typical interview room.
MC S Court Tower Sound Improvements D/B (JOC), Phoenix, AZ
$167K implementation of sound privacy improvements at interview rms.

FoRESITE
Representative Projects
Tramonto Park (CMR), Phoenix, AZ
$1.7M 12.8 acre new neighborhood park with restrooms, shade
structures, play grounds, volleyball, basketball courts, parking lot.
Phil Schreiber Tempe Beach Park New Restroom Building (JOC), Tempe, AZ
PROJECT SUPERINTENDENT $535K New 640SF masonry restroom building in operating park.
Time with ForeSite: 9 years MC East Court 7th Floor New Courtrooms (CMR), Phoenix, AZ
Construction Experience: 24 years $2.7M interior construction of 4 new courtrooms in operating facility.
Phil Schreiber has been responsible for MC Security Building Multi-Floor TI (CMR), Phoenix, AZ
successful field coordination and quality $3.6M 45,000 SF interior improvement project on multiple floors,
control on a diverse range of projects with new and modified mechanical, plumbing and electrical.
with the majority for municipal clients
under alternate delivery methods. Clients MC Security Building Windows Renovation (CMR), Phoenix, AZ
are consistently pleased by the level of $1.7M rehabilitation of 568 windows, scaffolding management, self-
service and commitment Phil brings. performed interior preping and painting,
Phil started as a laborer in his youth but MC Old Courthouse Ren. & Justice Museum (CMR), Phoenix, AZ
through his drive, pride in a job well done $1.9M exterior rehabilitation, justice museum improvements, and
and plenty of hard work; brought himself refurbishing of 12 courtrooms in an operating secured facility.
up the ladder to the position of Project
Superintendent. With over twenty years Laveen Village Park Restrooms (JOC), Phoenix, AZ
of construction experience, Phil is a valu- $269K New 570SF prototype masonry restroom building with struc-
able asset on our team. tural steel panel roof constructed within an operating park.
Phil's experience includes supervision of Kiwanis Park Sister Cities Restroom Building (JOC), Tempe, AZ
multi-phase projects with strong sched- $263K New 580SF masonry restroom building and utility extension.
uling and sequencing skills. His strength
in coordinating manpower and materials, Petersen Park Grading, Paving, Sewer Main (JOC), Tempe, AZ
ability to recognize critical sequences $173K new retention basin, turf area, new 2" sewer force main.
and interfaces, and persistence enable Burton Barr Library College Depot TI (JOC), Phoenix, AZ
him to keep the project running smooth- $140K 1,506 sf remodel for office, multi-purpose, and break rooms.
ly, on schedule and on budget.
Halle Heart Childrens Museum Renovation, Tempe, AZ
$386K 15,000 SF Renovation of interactive museum space.
Training/Experience
OSHA Training & Certification RID Canal Undergrounding (JOC), Phoenix, AZ
10 Hour Course $239K Undergrounding of irrigation canal in right-of-way.
SSTA -Southwest SafetyTraining Alliance Wesley Community Center Renovation (JOC), Phoenix, AZ
15 Hour Course $600K Interior renovation, sound insulation, energy efficiency, me-
American Red Cross chanical and lighting improvements to operating community center.
First Aid and CPR Training
Maricopa County Air Quality Dept JGM WTP Operations Building Remodel (CMR), Tempe, AZ
Basic Dust Control Training $811K Phased remodel of secure operating 24/7 facility including
Lead Awareness Training & Certification offices, water testing lab, control room and locker rooms.
Universal Safety & Compliance Orchid House 2nd Floor Renovation (JOC), Tempe, AZ
Respirator Fit Tested $152K 4-phase office tenant improvements for the operating /occu-
Purdue University pied City of Tempe Neighborhood Services Department.
Master Gardener Accreditation
Various Security Clearances MC Flood Control Alert Area Expansion (JOC), Phoenix AZ
$110K Design-Build interior renovation in operating facility.

FORESITE
SAFETY CONSULTANT
Joe Lanute will provide the team with safety guidance and
training through out the project, and provide any assistance
needed in the preparation of project specific safety plans. He
will provide insight into particular safety concerns related to
Joseph I Lanute specific construction activities involved. During the construc-
SAFETY CONSULTANT tion phase Joe will conduct periodic safety inspections. He
Time consulting to ForeSite: 11 years will be a valuable resource to the team when particular safety
Construction Experience: 20 years concerns arise and brings the perspective of a full-time safety
professional.
Joe Lanute is a specialist in occupational
safety compliance, as demonstrated by Certifications and Training
his safety accreditation credentials. He
is focused on ForeSite's safety program OSHA 500 Course
implementation, and is a certified instructor Accredited Instructor of Occupational Safety & Health
responsible for safety training of person- Des Plaines, IL
nel. Joe is the founder of Universal Safety OSHA 502 Course — Updated every 4 years as required per OSHA
Compliance LLC specializing in safety University of California, San Diego, CA
consulting services to the construction
industry. American Red Cross Community First Aid, CPR & AED Instructor
Joe is well versed in OSHA compliance Mid America Chapter & Grand Canyon Chapter
specific to the construction industry. He Mine Safety & Health Administration (MSHA) Instructor
has previously held the position of Director U. S. Department of Labor, Arizona
of Safety for the AGC (Associated General
Contractors of America - Arizona Chap- NUCA Confined Space Instructor
ter) providing safety implementation and Des Plaines, IL
loss control services for AGC members
throughout Arizona. OSHA Hazardous Waste Site Supervisor Instructor
Northern Illinois University — DeKalb, IL
Joe provides in-house lead awareness
training and other safety training for Certified Crane Qualified Rigger Instructor
Fore Site field personnel. Performing Qualified Signal Person Instructor
jobsite inspections with an emphasis on Crane Tech — Irvine, CA
OSHA compliance and loss prevention Hilti & Simpson Powder Actuated Tool Certification
are benefits that Joe's expertise brings to Chicago, IL— March
ForeSite's team and, in so doing, benefits
those that ForeSite serves. Certified Federal Hazardous Materials Transportation Regula-
tions Supervisor
Education IDOT Itasca, IL
Purdue University, Certificate Program — Occupational Safety & Health
Calumet, Hammond IN Purdue University Calumet — Hammond, IN
Certificate Program -
Occupational Safety and Health OSHA Excavation Safety Instructor
Triton College, River Grove, IL OSHA Confined Space Entry Instructor,
Associate Certificate - OSHA Fall Protection Instructor &
Occupational Safety and Health OSHA Forklift Operator Certification Instructor
UCSD — San Diego, CA
Professional Affiliations
Associate General Contractors of Scaffolding Competent Person Training Instructor
America, Arizona Chapter Scaffold Industry Association & Construction Safety Council
Hillside, IL

Attachment 1 - REFERENCE FORMAT 1.i) Client References
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: Maricopa County
Address: 401 West Jefferson St., Phoenix, AZ 85003
Phone Number: (602) 876-5578
Facsimile Number: (602) 278-0965
Person to Contact: Officer Hector Osuna
(Email Address): H_Osuna@mcso.maricopa.gov
Owner's Project #: # 1403-13-1078
Date of Completion: 5/28/2013
Brief Project Description (Including Partnering Team and Owner's project name):
ESTRELLA SITE DRAINAGE, DRYWELL & STORM DRAIN IMPROVEMENTS:
(Described in Section 1 Prior Experience)
MC PM: Leah Hanwell, Project Manager
MC FMO: Officer Hector Osuna
Design Team: Hoskin Ryan
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Drew Wenger
Safety Director — Joe Lanute
Project Superintendent — Bill Monroe
Subcontracting team
Self-perform craftspeople
2. Company Name: Maricopa County
Address: 401 West Jefferson St., Phoenix, AZ 85003
Phone Number: (602) 506-0602
Facsimile Number: (602) 506-1556
Person to Contact: Mr. Edward Wimmer, Capital Facilities Manager
(Email Address): EdwardWimmer@mail.maricopa.gov
Owner's Project #: # 1418- 14 - 1066
Date of Completion: 5/30/2014
Brief Project Description (Including Partnering Team and Owner's project name):
MCDOT CDL SHADE STRUCTURE: (Described in Section 1 Prior Experience)
MC PM: Edward Wimmer, Capital Facilities Project Manager
Design Team: Michael Wright Associates, Inc. - Architects
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Jarrod Kerns
Safety Director — Joe Lan ute
Project Superintendent — Scott Jenkins
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-J0C

3. Company Name: City of Phoenix
Address: 200 W. Washington St., Phoenix, Arizona 85003
Phone Number: (623) 882-7959
Facsimile Number: NA
Person to Contact: Mr. Walt Kinsler, RLA (now with City of Goodyear)
(Email Address): Walter.Kinsler@goodyearaz.gov
Owner's Project #: # PA75200432-1
Date of Completion: 9/17/13
Brief Project Description (Including Partnering Team and Owner's project name):
HANCE PARK JAPANESE GARDEN ENTRY IMRPOVEMENTS (Ticket /Information
Building) (Described in Section 1 Prior Experience)
City PM: Walt Kinsler, Project Manager
Parks Dept: Tom Byrne, 602-262-4897
Design Team: Swan Architects, Inc.
ForeSite Team: Operations Manager - Scott Breeding
Preconstruction Manager - Dave Holt
Project Manager — Jarrod Kerns
Safety Director — Joe Lanute
Project Superintendent — Bill Monroe
Subcontracting team
Self-perform craftspeople
4. Company Name: City of Tempe
Address: 31 East Fifth Street, Tempe, AZ 85281
Phone Number: (480) 350-8524
Facsimile Number: (480) 350-8591
Person to Contact: Ms. Melissa Bomar, Project Manager
(Email Address): Melissa_Bomar@tempe.gov
Owner's Project #: 6303092
Date of Completion: 5/10/13
Brief Project Description (Including Partnering Team and Owner's project name):
KIWANIS PARK EROSION CONTROL, GEOWEB & DRYWELLS
(Described in Section 1 Prior Experience)
City PM: Melissa Bomar, Project Manager
Design Team: City of Tempe
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Drew Wenger
Safety Director — Joe Lan ute
Project Superintendent — Ken Ronan
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

5. Company Name: City of Tempe
Address: 31 East Fifth Street, Tempe, AZ 85281
Phone Number: (480) 350-8585
Facsimile Number: (480) 350-8591
Person to Contact: Mr. Chris Kabala, PE
(Email Address): Chris_Kabala@tempe.gov
Owner's Project #: # 6304493-JOC 11
Date of Completion: 2/17/13
Brief Project Description (Including Partnering Team and Owner's project name):
KIWANIS PARK EMERGENCY REPAIR- FIESTA RAMADA STRUCTURES
(Described in Section 1 Prior Experience)
CM: David Bosak, Bosak Architectural Company
Design Team: ForeSite provided Design/Build services
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Jeff Eades
Safety Director — Joe Lanute
Project Superintendents — David Guerrero
Subcontracting team
Self-perform craftspeople
6. Company Name: City of Tempe
Address: 31 East Fifth Street, Tempe, AZ 85281
Phone Number: (480) 204-4254
Facsimile Number: (480) 350-8591
Person to Contact: Mr Scott Balck
(Email Address): scott_balck@tempe.gov
Owner's Project #: #6501755
Date of Completion: 5/8/09
Brief Project Description (Including Partnering Team and Owner's project name):
TEMPE BEACH PARK NEW RESTROOM BUILDING
(Described in Section 1 Prior Experience)
City PM: Scott Balck, Project Manager
Design Team: Arrington Watkins Architects
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Jeff Eades
Project Superintendents — Phil Schreiber
Safety Director — Joe Lanute
Subcontracting team
Self-perform craftspeople
Request For Oualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

Attachment 1 - REFERENCE FORMAT 3.d) Subcontractor References
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: D.P. Electric, Inc.
Address: 602 S. Perry Lane, Tempe, AZ 85283
Phone Number: (480) 289-3181 X 38
Facsimile Number: (480) 858-9067
Person to Contact: Mr. Sean Goneau, Estimator / Project Manager
(Email Address): sean.goneau@dpelectric.corn
Owner's Project #: Maricopa County Project # 4157-12-1303
Date of Completion: Phase 1 — 6/6/2013, Phase 2— 11/13/13, Phase 3 — 4/11/14,
Phase 4 — 4/1/14
Brief Project Description (Including Partnering Team and Owner's project name):
SECURITY BUILDING MULTI-FLOOR TI (CMAR): A fast-tracked multi-phase tenant
improvement project requiring the management of various design stages on each of
the phases.
MC PM: Edward Wimmer, Capital Facilities Project Manager
Design Team: DFDG Architects
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Scott Breeding / Jeff Eades
Safety Director — Joe Lanute
Project Superintendent — Phil Schreiber
Subcontracting team
Self-perform craftspeople
2. Company Name: Arizona Professional Painting (JAP Corporation)
Address: 5424 S. 39th St, Ste 4, Phoenix, AZ 85040
Phone Number: (602) 424-3411
Facsimile Number: (602) 431-2248
Person to Contact: Ms. Jean Pfiefle, Estimator / Officer
(Email Address): jean@azpropaint.com
Owner's Project #: City of Tempe - Project #6501755
Date of Completion: 5/8/09
Brief Project Description (Including Partnering Team and Owner's project name):
TEMPE BEACH PARK NEW RESTROOM BUILDING (JOC):
(Described in Section 1 Prior Experience)
City PM: Scott Balck, Project Manager
Design Team: Arrington Watkins Architects
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Jeff Eades
Project Superintendents — Phil Schreiber
Safety Director — Joe Lanute
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

3. Company Name: Gold Canyon Pipeline, LLC
Address: 1855 E. Southern Ave., Ste. 215, Mesa, AZ 85204
Phone Number: (480) 216-3342
Facsimile Number: (480) 926-1799
Person to Contact: Mr. Randy Schulte
(Email Address): randy@gcpipeline.com
Owner's Project #: City of Phoenix Project # 122477
Date of Completion: by phase from 4/14/09 to GMP #10 on 2/15/12
Brief Project Description (Including Pat tnering Team and Owner's project name):
CIVIC SPACE (CMAR): A fast-tracked multi-phase urban park civic space with many
sustainable features constructed concurrently with the coordination of multiple design
teams including phased park/site area, historic building renovation, shade structures
and photovoltaics design, and public art piece design.
City PM: Steve Bunyard, Project Manager
Parks Dept: Tom Byrne, 602-262-4897
Design Teams: AE COM, Swan Architects, Inc., Architekton, Janet Echleman;
each with a team of consulting engineers
ForeSite Team: Operations Manager/ Sr Project Manager - Scott Breeding
Preconstruction Manager - Dave Holt
Safety Director — Joe Lanute
Project Superintendents — various
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday May 28, 2015
Job Order Contractor Serial# 15051-JOC

Attachment 1 - REFERENCE FORMAT 6.b) Fast Track References
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: City of Tempe
Address: 31 East Fifth Street, Tempe, AZ 85281
Phone Number: (480) 350-8524
Facsimile Number: (480) 350-8591
Person to Contact: Ms. Melissa Bomar, Senior Engineering Associate
(Email Address): Melissa Bomar@tempe.gov
Owner's Project #: # 63054-51
Date of Completion: 12/11/14
Brief Project Description (Including Partnering Team and Owner's project name):
BENEDICT SPORTS COMPLEX ATHLETIC FIELD LIGHTING (JOC): Lighting and
electrical service upgrades as well as parking lot lighting were completed in two
phases under two JOC projects requiring coordination of design, procurement, and
construction activities.
City PM: Melissa Bomar, Senior Engineering Associate
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Jarrod Kerns
Safety Director — Joe Lanute
Project Superintendent — Vince Simplicio
Subcontracting team
Self-perform craftspeople
2. Company Name: Maricopa County
Address: 401 West Jefferson St., Phoenix, AZ 85003
Phone Number: (602) 506-0602
Facsimile Number: (602) 506-1556
Person to Contact: Mr. Edward Wimmer, Capital Facilities Manager
(Email Address): EdwardWimmer@mail.maricopa.gov
Owner's Project #: #4157-12-1303
Date of Completion: Phase 1 — 6/6/2013, Phase 2 — 11/13/13, Phase 3 — 4/11/14,
Phase 4 — 4/1/14
Brief Project Description (Including Partnering Team and Owner's project name):
SECURITY BUILDING MULTI-FLOOR TI (CMAR): A fast-tracked multi-phase tenant
improvement project requiring the management of various design stages on each of
the phases.
MC PM: Edward Wimmer, Capital Facilities Project Manager
Design Team: DFDG Architects
ForeSite Team: Operations Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Project Manager — Scott Breeding / Jeff Eades
Safety Director — Joe Lanute
Project Superintendent — Phil Schreiber
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

3. Company Name: City of Phoenix
Address: 200 W. Washington St., Phoenix, Arizona 85003
Phone Number: (602) 256-4375
Facsimile Number: (602) 534-4563
Person to Contact: Mr. Steve Bunyard, RA
(Email Address): steve.bunyard@phoenix.gov
Owner's Project #: # 122477
Date of Completion: by phase from 4/14/09 to GMP #10 on 2/15/12
Brief Project Description (Including Partnering Team and Owner's project name):
CIVIC SPACE (CMAR): A fast-tracked multi-phase urban park civic space with many
sustainable features constructed concurrently with the coordination of multiple design
teams including phased park/site area, historic building renovation, shade structures
and photovoltaics design, and public art piece design.
City PM: Steve Bunyard, Project Manager
Parks Dept: Tom Byrne, 602-262-4897
Design Teams: AE COM, Swan Architects, Inc., Architekton, Janet Echleman;
each with a team of consulting engineers
ForeSite Team: Operations Manager/ Sr Project Manager - Scott Breeding,
Preconstruction Manager - Dave Holt
Safety Director — Joe Lanute
Project Superintendents — various
Subcontracting team
Self-perform craftspeople
Request For Qualifications Page 20
Job Order Contractor for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

Attachment 2- ADDENDUM ACKNOWLEDGMENT
RECEIPT BY THE UNDERSIGNED OF THE FOLLOWING ADDENDA IS HEREBY ACKNOWLEDGED:
ADDENDUM NUMBER: 1 DATED:
ADDENDUM NUMBER: 2 DATED:
ADDENDUM NUMBER: 3 DATED:
ADDENDUM NUMBER: 4 DATED:
ADDENDUM NUMBER: 5 DATED:
ADDENDUM NUMBER: 6 DATED:
ForeSite Design & Construction, Inc. 1425 N Mondel Drive
(Firm) (Address Line 1)
A. Leslie Rozzell Gilbert, AZ 85233
(Print Name) (Address Line 2)
President (480) 820-1345
(Print Title) (Phone)
(480) 820-1305
(Signature Required (Fax)
leslie.rozzell@foresite-inc.com 86-0711556
(Email Address) (Federal Taxpayer ID Number)
Request For Qualifications Page 21
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

Attachment 5- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
)§
COUNTY OF MARICOPA
A. Leslie Rozzell being first duly sworn, deposes and says:
That he is President of ForeSite Design & 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 restraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
Subscribed and sworn to before me this day of irY-) A-si, 20 /
My Commission Expires: 0 k C4.;" [c20
u
(Notary Public)
Notary Valerie Public A. Curran Arizona
Cornmission #299205
My Commission Pinel Expires
0094.00
Request For Qualifications Page 27
Job Order Contractors for Parks and Recreation Thursday, May 28, 2015
Job Order Contractor Serial# 15051-JOC

, , 0
ACC)R15) DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
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: Cassandra Reymore
LeBaron. & Carroll, LLC PHONE (Arc. No. Ext): (480)834-9315 FAX ( NC, No): (480)844-9866
1350 E . Southern Ave. ADDRESS: E-MAIL creymore@landc. com
INSURER(S) AFFORDING COVERAGE NAIC *
Mesa AZ 85204 INSURER A :Wes tf ield Insurance Company
INSURED INSURER B :CopperPoint Mutual Insurance
Foresite Design & Construction, Inc. INSURER C :Federal Insurance Co 20281
1425 N Mondel Drive INSURER D :
INSURER E :
Gilbert AZ 85233 INSURER F :
COVERAGES CERTIFICATE NUMBER:1.15-16 2mm XS 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE ADDL 1NSR SUER WVD POLICY NUMBER (MM/DD/YYYY) POLICY EFF (MMIDDIVYYY) POLICY EXP LIMITS
GENERAL LIABILITY EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED 500,000
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $
A CLAIMS-MADE X OCCUR X Y TRA0679332 9/1/2014 9/1/2015 MED EXP (Any one person) $ 5,000
PERSONAL & ADV IN,LIRY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY HC Wm- LOC $
AUTOMOBILE LIABILITY COMBINED (Ea accident) SINGLE LIMIT $ 1 , 000 , 000
ANY AUTO BODILY INJURY (Per person) $
A ALL OVVNED SCHEDULED x y TRA0679332 9/1/2014 9/1/2015 BODILY INJURY (Per accident) $
AUTOS AUTOS
v NON-OWNED PROPERTY DAMAGE $
- X HIRED AUTOS AUTOS (Per acddent)
Hired n/o Liab $
_ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000
A EXCESS LIAB CLAIMS-MADE AGGREGATE 2,000,000
DED X RETENT ON $ 0 TRA0679332 9/1/2014 9/1/2015 $
B WORKERS COMPENSATION Y x T VIlad 0TH- ER
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETORIPARTNER/EXECUTIVE 1 E.L. EACH ACCIDENT $ 1,000 , 000
OFFICER/MEMBER EXCLUDED? N/A 1009996 1/1/2015 1/1/2016
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
C Builder's Risk 0669 - 80 -25 WCE 9/1/2014 9/1/2015 $1,500 ,000 Limits $2,500 Ded
DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Job Order Contractor for Parks and Recreation
Contract #15051-JOC
Maricopa County Facilities Management Department, its agents, representatives, officers, directors,
officials, and employees are listed as additional insureds with respects auto liability and general
liability on a primary and non-contributory basis where required by written contract. Waiver of
Subrogation applies in favor of the additional insureds with respects to the general liability, auto
liability and workers compensation where required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M
ACCORDANCEINITHTHEPOLICYPROMMONS.
Maricopa county
c/o Parks and Recreation Department
41835 N Castle Hot Springs Rd AUTHORIZED REPRESENTATIVE
Unit Operations Center
Morristown, AZ 85342
Brian Carroll/CASSIE
I
ACORD 25(2010105) @ 1988-2010 ACORD CORPORATION. All rights reserved.
INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: TRA0679332- COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
All persons or organiatiOns when you have All Locations
agreed in writing' in a contract or agreement
that such. persons or organizations-be added .as
an additional insured
Information required to complete this Schedule ; if not shown above., will be shown i.n the Declarations.
A. Section II - Who Is An Insured is amended to 1. All work; including Materials, pad S or
include as an additional insured the person(s) equipment furnished in connettion with
or organization(s) shown in the Schedule ; but such work ; on the project Other than
only with respect to liability for "bodily injury", service ; maintenance or repairs) to be
"property -damage" or "personal and adver- performed by or on behalf of the addi-
tising injury" caused, in whole or in part ; by tional insured(s) at the location of the
Covered operatidns has been cbrripleted;
1. Your acts or omissions; or or
2, The acts or bmiSsiohs -of thOse acting oh 2. That portion of "you.r work" out of which
your behalf;. the injury or damage arises has been put
to- its intended use by any .person or or-
in. the performance of your ongoing oper- ganization other than another contractor
ations for the additional insured( at the or subco.ntractoreng-aged in performing
location(s) designated above. operations fora printipal aS-a part oftite
same project.
However:
C. With respect: to the insurance :afforded to
1. The insurance afforded to such additional these. additional inSureds, the followin g
insured only applies to the extent per- added to 'Section III - Limits Of Insurance:-
mitted by law; and
If Coverage provided to The additional insured
2. If coverage provided to the additional in- is required by a contract or agreement ; the
sured is required by a contract or agree- most wewill pay on behalf of the additional
ment ; the insurance afforded to such insured is the amount of insurance:
additional inSOred will riot be broader 1. Required by the Contract, or agreement;
than that which you are required by the
contract or agreement to provide for or
such additional insured. 2. Available under the applicable Limits of
Insurance shown .ih the DeclaratiOnS;
B. With respect to the insurance afforded to
these :additional insureds, the following addi- whitheVer is
tiOrial exclOsibriS apply: This endorsement shall not increase he ap-
This insurance does not apply to "bodily in- plicable Limits. of Insurance shown in the
jiity" Or "prOperty clarnage" OCcUrring after: •DeclarationS:
Insirrar;ce Services Oific, 012 CG 20 10 04 13

TRA0679332 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
-WESTFIEL D
COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Coverage afforded under this expanded coverage endorsement does not apply to any person or organ-
ization covered as an additional insured on any other endorsement now or hereafter attached to this
Coverage Form.
SCHEDULE
The coverage provided by this endorsement is summarized below and is intended to provide a general
coverage description only. For the details effecting each coverage please refer to the terms and condi-
tions in this endorsement.
A. Expected or Intended Injury
• Reasonable force
B. Liquor Liability Coverage Extension
C. Non-Owned Watercraft
• Increased to 60 feet
D. Non-Owned Aircraft
E. Damage To Property - Borrowed Equipment
F. Damage To Premises Rented To You
G. Personal And Advertising Injury
• Contractual Personal and Advertising Injury
• Exclusions
H. Supplementary Payments
• Bail Bonds - $2.500
• Loss of Earnings - $1.000
I. Additional Insureds - Automatic Status
• State or Governmental Agency or Subdivision or Political Subdivision Controling Interest
• Managers or Lessors of Premises
• Mortgagee, Assignee or Receiver
• Owners or Other Interests From Whom Land Has Been Leased
• Co-Owners of Insured Premises
• Lessor of Leased Equipment
J. Who Is An Insured broadened
• Joint Ventures / Partnership / Limited Liability Company
• Health Care Professionals (Incidental Medical Malpractice)
• Individual Owners of Building are Insured's
• Newly Formed or Acquired Entities
K. Knowledge and Notice of Occurrence
L. Other Insurance Condition Amended
M. Unintentional Failure To Disclose Hazards
N. Waiver of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status
0. Liberalization
P. Definitions
• Bodily Injury redefined
• Insured Contract redefined
• Expanded Personal and Advertising Injury definition
A. EXPECTED OR INTENDED INJURY "Bodily Injury" or "property damage"
expected or intended from the
Under SECTION 1, COVERAGES, COVERAGE standpoint of the insured. This ex-
A. BODILY INJURY AND PROPERTY DAMAGE clusion does not apply to "bodily in-
exclusion a. is replaced with the following: jury" or "property damage" resulting
from the use of reasonable force for
a. Expected Or Intended Injury the purpose of protecting persons or
property.
CG 7137 11 12
Page 1 of 7

B. LIQUOR LIABILITY COVERAGE EXTENSION (6) That particular part of any real
property that must be restored,
SECTION 1, COVERAGES, COVERAGE A replaced, or repaired because
BODILY INJURY AND PROPERTY DAMAGE "your work" was incorrectly
LIABILITY, Item 2. Exclusions c. Liquor Li- performed on it.
ability is deleted
C. NON-OWNED WATERCRAFT Paragraphs (1), (3) and (4) of this exclusion
do not apply to:
Under SECTION 1, COVERAGES, COVERAGE
A BODILY INJURY AND PROPERTY DAMAGE (i) "property damage" to
LIABILITY, Item 2. Exclusions g.2(a) is re- tools or equipment
placed with the following: loaned to you if the
tools or equipment are
(a) Less than 60 feet long; and not being used to per-
D. NON-OWNED AIRCRAFT form operations at the
time of loss; or
Under SECTION 1, COVERAGES, COVERAGE
A BODILY INJURY AND PROPERTY DAMAGE (ii) "property damage"
LIABILITY, Item 2. Exclusions g. Aircraft, (other than damage by
Auto or Watercraft, the following is added: fire) to premises rented
to you or temporarily
(6) An aircraft you do not own pro- occupied to you with
vided that: the permission of the
(a) The pilot in command holds owner or to the con-
a currently effective certif- tents of premises
icate issued by the duly rented to you for a pe-
constituted authority of the riod of seven (7) or
United States of America or fewer consecutive
Canada, designating that days. A separate limit
person as a commercial or of insurance applies to
airline transport pilot; Damage To Premises
Rented To You as de-
(b) It is rented with a trained, scribed in Section III -
paid crew; and Limits Of Insurance.
(c) It does not transport per- Paragraph (2) of this exclusion does not apply
sons or cargo for a charge. if the premises are "your work" and were not
occupied, rented or held for rental by you
E. DAMAGE TO PROPERTY - BORROWED beyond one year from the date "your work"
EQUIPMENT was completed.
Under SECTION 1, COVERAGES, COVERAGE Paragraph (2) of this exclusion does not apply
A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Item 2. Exclusions j. is deleted if the premises are "your work' and were
and replaced by the following: never occupied, rented or held for rental by
you.
Damage To Property: Paragraphs (3), (4), (5) and (6) of this exclu-
(1) Property you own, rent or oc- sion do not apply to liability assumed under
cupy; a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
(2) Premises you sell, give away or to "property damage" included in the
abandon, if the "property dam-
age" arises out of any part of "products-completed operations hazard."
those premises; F. DAMAGE TO PREMISES RENTED TO YOU
(3) Property loaned to you; Under SECTION I - COVERAGES, COVERAGE
(4) Personal property in the care, A BODILY INJURY AND PROPERTY DAMAGE
custody or control of the in- LIABILITY, Item 2. Exclusions, the last para-
sured: graph of Item 2. Exclusions is replaced with
the following:
(5) That particular part of any real Exclusion c. through n. do not apply to dam-
property on which you or any
contractors or subcontractors age by fire or explosion to premises while
working directly or indirectly on rented to you or temporarily occupied by you
your behalf are performing op- with permission of the owner. A separate
erations, if the "property dam- limit of insurance applies to this coverage as
age" arises out of those described in Section III - LIMITS OF INSUR-
operations; or ANCE.
CG 7137 11 12
Page 2 of 7

G. PERSONAL AND ADVERTISING INJURY Only the following persons or organizations
are additional insureds under this endorse-
Under SECTION 1, COVERAGES, COVERAGE ment and coverage provided to such addi-
B PERSONAL AND ADVERTISING INJURY LI- tional insureds is limited as provided herein:
ABILITY, Item 2. Exclusions e. Contractual
Liability is deleted. a. State or Governmental Agency or
Under SECTION I - COVERAGES, COVERAGE Subdivision or Political Subdivisions
B PERSONAL AND ADVERTISING INJURY LI- A state or governmental agency or
ABILITY, the following are added to Item 2. subdivision or political subdivision
Exclusions: subject to the following provisions:
q. Discrimination Relating To Room, (1) This insurance applies only with
Dwelling or Premises
respect to the following hazards
Caused by discrimination directly or for which the state or govern-
indirectly related to the sale, rental ; mental agency or subdivision or
lease or sub-lease or prospective political subdivision has issued
sale, rental. lease or sub-lease of a permit or authorization in
any room, dwelling or premises by connection with premises you
or at the direction of any insured. own, rent or control and to
r. Fines or Penalties which this insurance applies;
Fines or penalties levied or imposed (a) The existence, repair main-
by a governmental entity because of tenance, erection, con-
discrimination. struction, or removal of
advertising signs, awnings
H. SUPPLEMENTARY PAYMENTS canopies, cellar entrances,
Under SECTION I - SUPPLEMENTARY PAY- coal holes, driveways,
MENTS COVERAGES A AND B, item 1.b. is manholes, marquees, hoist
replaced with the following: away openings, sidewalk
vaults, street banners, or
b. Up to $2,500 for cost of bail bonds decorations and similar ex-
required because of accidents or posures; or
traffic law violations arising out of
the use of any vehicle to which the (b) The construction, erection,
"Bodily Injury" Liability Coverage or removal of elevators.
applies. We do not have to furnish
these bonds. (2) This insurance applies only with
respect to operations performed
Under SECTION I - SUPPLEMENTARY PAY- by you or on your behalf for
MENTS COVERAGES A AND B, item 1.d. is which the state or governmental
replaced with the following: agency or subdivision or poli-
d. All reasonable expenses incurred by tical subdivision has issued a
the insured at our request to assist permit or authorization.
us in the investigation or defense of This insurance does not apply to
the claim or "suit", including actual "bodily injury", "property dam-
loss of earnings up to $1,000 a day age" or "personal and advertis-
because of time off from work. ing injury" arising out of
I. ADDITIONAL INSUREDS - AUTOMATIC STA- operations performed for the
TUS federal government, state or
municipality.
SECTION ll - WHO IS AN INSURED is
amended to include as an insured any person b. Managers or Lessors of Premises
or organization (called additional insured)
described in paragraphs a. through g. below A manager or lessor of premises but
whom you are required to add as an addi- only with respect to liability arising
tional insured on this policy under a written out of the ownership, maintenance
contract or written agreement. However the or use of that specific part of the
written contract or written agreement must premises leased to you and subject
be: to the following additional exclu-
sions:
1. Currently in effect or becoming effective
during the term of the policy; and This insurance does not apply to:
2. Executed prior to the "bodily injury", (1) Any "occurrence" which takes
"property damage" or "personal injury place after you cease to be a
and advertising injury", but tenant in that premises; or
CG 7137 11 12
Page 3 of 7

(2) Structural alterations, new con- This insurance does not apply:
struction or demolition oper-
ations performed by or on (1) To any "occurrence" which
behalf of such additional in- takes place after the equipment
sured. lease expires; or
c. Mortgagee, Assignee or Receiver (2) To "bodily injury", "property
A mortgagee ; assignee or receiver damage", or "personal and ad-
but only with respect to their liability vertising injury" arising out of
as mortgagee, assignee or receiver the sole negligence of such ad-
and arising out of the ownership, ditional insured.
maintenance, or use of a premises
by you. Any insurance provided to an addi-
tional insured designated under par-
This insurance does not apply to agraphs a. through I. above does not
structural alterations, new con- apply to "bodily injury" or "property
struction or demolition operations damage" included within the "pro-
performed by or for such additional ducts-completed operations hazard".
insured.
d. Owners Or Other Interests From As respects the coverage provided underthis
provision, Paragraph 4.b.(1) of Section IV -
Whom Land Has Been Leased Commercial General Liability Conditions is
An owner or other interest from who deleted and replaced with the following:
land has been leased by you but
only with respect to liability arising 4. Other Insurance
out of the ownership, maintenance
or use of that specific part of the land b. Excess Insurance
leased to you and subject to the fol-
lowing additional exclusions: ( 1) This insurance is excess over:
This insurance does not apply to: Any other insurance naming the
additional insured as an insured
(1) Any "occurrence" which takes whether primary, excess, con-
place after you cease to lease tingent or on any other basis
that land; or unless a written contract or
written agreement specifically
(2) Structural alterations, new con- requires that this insurance be
struction or demolition oper- either primary or primary and
ations performed by or on non-contributing. Where re-
behalf of such additional in- quired by written contractor
sured. written agreement, we will con-
sider any other insurance main-
e. Co-owner of Insured Premises tained by the additional insured
A co-owner of a premises co-owned for injury or damage covered by
by you and covered under this in- this endorsement to be excess
surance but only with respect to the and non-contributing with this
co-owners liability as co-owner of insurance.
such premises.
J. WHO IS AN INSURED BROADENED
f. Lessor of Equipment Under SECTION ll - WHO IS AN INSURED the
Any person or organization from following is added to item 1:
whom you lease equipment. Such
person or organization are insureds f. Joint Ventures / Partnership / Lim-
only with respect to their liability ited Liability Company Coverage
arising out of the maintenance, op- You are an insured when you had an
eration or use by you of equipment Interest in a joint venture, partner-
leased to you by such person or or- ship or limited liability company
ganization. which is terminated or ended prior
A person's or organization's status to or during this policy period but
as an insured under this endorse- only to the extent of your interest in
ment ends when their written con- such joint venture, partnership or
tract or written agreement with you limited liability company. This cov-
for such leased equipment ends. erage does not apply:
With respect to the insurance af- (1) Prior to the termination date of
forded these additional insureds. the any joint venture ; limited liability
following exclusions apply: company or partnership; or
CG 7137 11 12
Page 4 of 7

(2) If there is other valid and K. KNOWLEDGE AND NOTICE OF OCCURRENCE
collectible insurance purchased Under SECTION IV - COMMERCIAL GENERAL
specifically to insure the joint LIABILITY CONDITIONS, 2. Duties in the
venture, legal liability company Event of Occurrence, Offense, Claim Or Suit,
or partnership. the following is added:
Under SECTION II - WHO IS AN INSURED, e. The requirement in Condition 2.a.
2.a.(1)(d) is deleted and replaced with the fol- applies only when the "occurrence"
lowing: or offense is known to:
(d) Arising out of his or her (1) You, if you are an individual:
providing or failing to pro-
vide professional health (2) A partner, if you are a partner-
care services. ship;
This does not apply to
nurses, emergency medical (3) An "executive officer" or insur-
technicians or paramedics ance manager, if you are a cor-
employed by you to provide poration; or
health care services, but (4) A manager, if you are a limited
only if you are not in the liability company.
business or occupation of
providing such professional f. The requirement in Condition 2.b.
services. will not be breached unless the
breach occurs after such claim or
Under SECTION II - WHO IS AN INSURED the "suit" is known to:
following is added:
(1) You, if you are an individual:
4. For COVERAGE A and COVERAGE B
only, the owner of any building leased to (2) A partner, if you are a partner-
you, but only if the building owner is a ship;
shareholder in your corporation or a
partner in your partnership insured by (3) An "executive officer" or insur-
this policy, and only with respect to li- ance manager, if you are a cor-
ability arising out of the ownership, poration; or
maintenance or use of that part of the
premises leased to you. However, this (4) A manager, if you are a limited
insurance does not apply: liability company.
a. To any "occurrence" or offense Your rights under this Coverage Part
which takes place after you cease to will not be prejudiced if you fail to
be a tenant in the premises; or give us notice of an "occurrence."
offense, claim. or "suit" and that
b. To structural alterations, new con- failure is solely due to your reason-
struction or demolition operations able belief that the "bodily injury" or
performed by or on behalf of the "property damage" is not covered
building owner. under this Coverage Part. However,
you shall give written notice of this
Under SECTION II - WHO IS AN INSURED, 3.a. "occurrence," offense, claim, or
is deleted and replaced with the following: "suit" to us as soon as you are
aware this insurance may apply to
a. Coverage under this provision is af- such "occurrence," offense, claim or
forded only until the end of the policy "suit."
period or the next anniversary of this
policy's effective date after you ac- L. OTHER INSURANCE CONDITION AMENDED
quire or form the organization When required by written contract with any
whichever is earlier. additional insured owner, lessee, or contrac-
tor to provide insurance on a primary and
Under SECTION II - WHO IS AN INSURED the noncontributory basis. Condition 4 of Section
last paragraph in this section is deleted and IV - Commercial General Liability Conditions
replaced with the following: is deleted and replaced by the following:
Except as provided in 3. above, no per- 4. Other Insurance
son or organization is an insured with
respect to the conduct of any current or If other valid and collectible insurance is
past joint venture, limited liability com- available for a loss we cover under Cov-
pany or partnership that is not shown as erage A or B of this Coverage Part, our
a named insured in the Declarations. obligations are limited as follows:
CG 7137 11 12
Page 5 of 7

a. Primary Insurance Under SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, item 6. Representa-
This insurance is primary and non- tions, the following is added:
contributory except when b. below
applies. d. Your failure to disclose all hazards
or prior "occurrences" existing as of
b. Excess Insurance the inception date of this policy shall
This insurance is excess over any of not prejudice the coverage afforded
the other insurance, whether pri- by this policy, provided such failure
mary, excess, contingent, or on any to disclose all hazards or prior "oc-
other basis: currences" is not intentional.
(1) That is Fire, Extended Coverage, N. WAIVER OF TRANSFER OF RIGHTS OF RE-
COVERY AGAINST OTHERS TO US - AUTO-
Builders Risk, Installation Risk, MATIC STATUS
or similar coverage for your
work; Under SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, item 8. Transfer Of
(2) That is Fire insurance for prem- Rights Of Recovery Against Others To Us is
ises rented to you or temporar- deleted and replaced by the following:
ily occupied by you with We waive any right of recovery we may have
permission of the owner; or against any person or organization with re-
(3) If the loss arises out of the spect to which the insured has waived its
maintenance or use of aircraft, right of recovery.
"autos," or watercraft to the ex- It is further agreed that work commenced un-
tent not subject to Exclusion g. der letter of intent or work order, subject to
of Section I - Coverage A. subsequent reduction to writing, with cus-
tomers whose customary written contracts
(4) If the loss is caused by the sole would require a waiver of recovery rights
negligence of any additional in- against them also falls within this blanket
sured, owner, lessee, or con- waiver of recovery rights.
tractor.
O. LIBERALIZATION
When this insurance is excess, we If we adopt a change in our forms or rules
will have no duty under Coverage A which would broaden coverage for contrac-
or B to defend the insured against tors under this coverage form without an ad-
any "suit" if any other insurer has a ditional premium charge, your policy will
duty to defend the insured against automatically provide the additional cover-
that "suit." If no other defends, we age's as of the date the broadened coverage
will undertake to do so, but we will is effective in your state.
be entitled to the other insured's
rights against all those other insur- P. DEFINITIONS
ers. Under SECTION V - DEFINITIONS, item 3. is
When this insurance is excess over deleted and replaced with the following:
other insurance, we will pay only our
share of the amount of loss ; if any, 3. "Bodily Injury" means bodily injury, disa-
that exceeds the sum of: bility ; sickness, or disease sustained by
a person, including death resulting from
(1) •The total amount that all such any of these at any time. "Bodily injury"
other insurance would pay for includes mental anguish or other mental
the loss in the absence of this injury resulting from "bodily injury".
insurance: and Under SECTION V - DEFINITIONS, item 9. is
(2) The total of all deductibles and deleted and replaced with the following:
self-insured amounts under all 9. "Insured Contract" means:
that other insurance.
a. A contract for a lease of premises.
We will share the remaining loss, if However, that portion of the contract
any with any other insurance that is for a lease of premises that indem-
not described in this Excess Insur- nifies any person or organization for
ance provision and was not bought damage by fire to premises while
specifically to apply in excess of the rented to you or temporarily occu-
limits of Insurance shown in the pied by you with permission of the
declarations of this Coverage Part. owner is not an "insured contract";
M. UNINTENTIONAL FAILURE TO DISCLOSE b. A sidetrack agreement;
HAZARDS
c. Any easement or license agreement;
CG 7137 11 12
Page 6 of 7

d. An obligation, as required by ordi- them, if that is the primary
nance, to indemnify a municipality, cause of the injury or dam-
except in connection with work for a age; or
municipality; (2) Under which the insured if an
e. An elevator maintenance agree- architect, engineer or surveyor,
ment; assumes liability for an injury
or damage arising out of the
f. That part of any other contract or insured s rendering or failure to
agreement pertaining to your busi- render professional services in-
ness (including an indemnification cluding those listed in (1) above
of a municipality in connection with and supervisory, inspection, ar-
work performed for a municipality) chitectural or engineering, ac-
under which you assume the tort li- tivities.
ability of another party to pay for
"bodily injury" or "property damage" Under SECTION V - DEFINITIONS, item 14. the
to a third person or organization. following is added to the definition of "Personal
and advertising injury":
Tort liability means a liability that would
be imposed by law in the absence of any h. Discrimination or humiliation that results
contract or agreement. in injury to the feelings or reputation of
a natural person, but only if such dis-
Paragraph I. does not include that crimination or humiliation is:
part of any contract or agreement:
(1) Not done intentionally by or at the
(1) That indemnifies an architect. direction of:
engineer, or survey or for injury
or damage arising out of: (a) The insured; or
(a) Preparing, approving or (b) Any "executive officer", director,
failing to prepare or ap- stockholder, partner, member
prove, maps, shop or manager (if you are a limited
drawings, opinions, reports, liability company) of the insured;
surveys, field orders,
change orders or drawings (2) Not directly or indirectly related to
and specifications; or the employment, prospective em-
ployment, past employment or ter-
(b) Giving directions or in- mination of employment of any
structions, or failing to give person or persons by any insured.
CG 7137 11 12
Page 7 of 7

TRA0679332 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WfiSTFIELD
SERIES •
BUSINESS AUTO ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
The coverage provided: by this, endorsement is summarized below and is intended to providea general
coverage description only. For the details 'affecting each coverage, please refer to the terms and condi-
tions in this endorsement.
A. Who Is An Insured broadened:
• Additional Insured by Contract, Agreement or Permit
• Legally Incorporated Subsidiaries
• Newly Acquired Organizations
B. Supplementary Payments
• Sail Bonds $5000
• . Loss of Earnings - $500
C. Fellow Employee Exclusion Amendment
D. Coverage Extensions
• Transportation Expenses
• Personal Effects (Excess Basis)
E. Additional Coverages
• Expenses, paid for returning, a stolen covered auto
• Fire- Department Service Charge
F. Airbag Coverage - Accidental. Discharge
G. Glass Repair - - Waiver of Deductible
H. Knowledge and Notice. of an Accident, Claim or Suit
I. Unintentional Failure To Disclose Hazards
J. Worldwide. Coverage
K. Definitions:
• Bodily Injury Redefined
In addition to the policy amendments contained in A. through K. listed above, the endorsements listed
below will automatically be attached to your policy to complete the coverage provided by the Signature
Series Business Auto Endorsement:
• Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60
• Auto Loan/Lease Gap Coverage - CA 20 71
• Drive Other Car Coverage - Broadened Coverage For Named IndiViduals - (Executive
officers/Spouses)- CA 99 10
• Employee Hired Autos - CA 20 54
• Employees As Insureds - CA 99 33
• Hired Auto Physical Damage (Refer to Auto Deelarations page)
• Rental ReimburSement Coverage - CA 99 23
• Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44
A. WHO IS AN INSURED BROADENED .50% of the 'voting stock On the ef-
fective date of this endorsement.
SECTION II - LIABILITY COVERAGE, item A.
Coverage, 1. Who Is An Insured is amended However, "insured" does not include
to include the following additional para- any subsidiary that, is an Insured
graphs: under any other liability policy or
would be an "insured" under such a
Any legally - incorporated subsidiary policy but for its termination. or the
of years in which you own .morethan exhaustion of its limit of insurance.
CA 70 77 09 11
Page 1 of 3

Coverage under this provision is af- C. FELLOW EMPLOYEE EXCLUSION AMEND-
forded only for the first- 180 days -af- MENT
ter you acquire or form the SECTION II - LIABILITY COVERAGE, item B.
organization or: until the end of the Exclusions, 5. Fellow Employee does not ap-
policy period, whichever COITIes first. ply if the "bodily injury" results from the use
of a covered "auto" y6u own or hire
e. Any organization you newly acquire
or form, other than a partnership or D. COVERAGE EXTENSIONS
joint venture, and over which you
Maintain Ownership or a majority in- SECTION, III - PHYSICAL DAMAGE COVER-
AGE, Item A. Coverage, 4. Coverage Exten-
terest. However, coverage under sions, a. Transportation Expenses is replaced
this provision: with the foliewing:
(1) Does not apply if the Organiza- a. Transportation Expenses
tion you acquire or form is an
"insured" under another auto li- We will pay up to $100 per :day to a
ability policy or would be In- maximum of $1,800 for transporta-
sured" under such a policy but tion expense incurred by you be-
for its termination or the ex: cause of the total theft of a covered
haustion of its limits of insur- "auto" of the private : passenger type.
We will pay .only for those covered
ance; "autos" for which you carry either
(2) Does not apply to "bodily injury" Comprehensive or Specified Causes
or "property damage" that oc- of Loss Coverage. We will pay for
curred before you acquired or transportation expenses incurred
:during the period beginning 48 hours
formed the organization; and after the theft and ending, regardless
(3) Is afforded only for the first 180. of the policy's expiration, when the
days after you acquire or form covered "auto" is returned to use or
the organization or until the end we pay for its "loss",
of the -policy period, whichever The following is added to Item 4. Cover-
Comes first. age Extensions:
f. Any person or organization with e. Personal Effects
whom you agreed in writing in a
contract, agreement Or permit, to We will pay up to $500 for the "less"
provide insurance such as is af- of your personal effects that are
centained in a covered "auto" due to
forded under this policy. the total theft of the covered "auto:"
This provision only applies if the We will pay only for those personal
written contract or agreement has effects that are contained in covered
been -executed or permit has been "autos" for which You :carry either
issued, prior to the "bodily injury" or Comprehensive or Specified Causes
"property damage". Of Loss Coverage.
Our payment for "loss" of or damage
B. SUPPLEMENTAL PAYMENTS to personal effects will apply only on
SECTION II - LIABILITY COVERAGE, item A. an excess basis over other collect-
Coverage, 1 Coverage Extensions, a. Sup- ible insurance.
plenientary Payenenig, subparagraphs (2) and
E. ADDITIONAL COVERAGES
(4) are deleted and replaced with the follow-
ing: SECTION III - PHYSICAL DAMAGE COVER-
AGE, A. Coverage, is amended to include the
(2) Up to $55300 for cost of bail following additional coverage items:
bonds (including bonds for re'
hated -traffic law violations) re, 5. We will pay the: expense of returning a
quired because of an "accident" stolen covered 'auto" - to you..
we cover. We de not have to Fire Department Service Charge
furnish these bonds.
When a fire department is called to save
(4) All reasonable expenses .in- or protect a covered 'auto', its equip-
curred by the "insured" at our ment, its contents or occupants from a
request, :including actual lost Of Covered Cause Of Loss, we will pay up
earnings pp to $500 per day be- to $1,000 for your liability for Fire De-
cause of time off from Work, partment Service Charges:
CA 70 77 09 11
Page 2 of 3

(a) Assumed by contract or agreement mean that you have such know-
prior to loss; or ledge, unless receipt of 'such
documents' is known toryou, any
(b) Required by local ordinance. of your executive officers or
No deductible applies to this additional partners -or your insurance
coverage. manager.
F. AIRBAG COVERAGE - ACCIDENTAL DIS- I. UNINTENTIONAL FAILURE TO DISCLOSE
CHARGE HAZARDS
SECTION III - PHYSICAL DAMAGE COVER- Under SECTION IV - BUSINESS AUTO CON-
AGE, Item B. Exclusions, subparagraph 3.a. DITIONS, B. General Conditions, 2.
is deleted and replaced with the following: Concealment, Misrepresentation Or Fraud is
amended to include the following additional
a. Wear and tear, freezing, mechanical paragraph:
or electrical breakdown.
If you unintentionally fail to disclose any
Mechanical breakdown does not ap- hazards existing at the inception date of
ply to the accidental .discharge of an your policy, we will not deny coverage
airbag. under this Coverage Part because of
G. GLASS REPAIR - WAIVER OF DEDUCTIBLE such failure.
SECTION III - PHYSICAL DAMAGE COVER- J. WORLDWIDE COVERAGE
AGE, item D. Deductible the following para- Under SECTION IV - BUSINESS AUTO CON-
graph is added: DITIONS, B. General Conditions, 7. Policy
No deductible shall apply to glass dam- Period, Coverage Territory, subparagraph (5)
age if the glass is repaired rather than is deleted and replaced with the following:
replaced.
(5) Anywhere in the world, : if::
H. KNOWLEDGE AND NOTICE OF AN ACCI-
DENT, CLAIM OR SUIT (a) A- covered "auto" of the private
passenger type IS leased, hired,
SECTION IV - BUSINESS AUTO CONDITIONS, rented or borrowed without a
Item A. Loss Conditions is amended as fol- driver for a- period of 45 days or
lows: less; and
Subparagraph ar under Item 2. Duties In (b). The "insured's" responsibility to
The Event Of Accident, Claim, Suit Or pay damages is determined in
Loss, is amended to include the following a "suit' on the merits, : in the
paragraphs: United States of America,
Puerto Rio or Canada or in a
This requirement applies when the settlement we agree to.
"accident," claim. "suit" or "loss" is
first known to: (c) If, for such "autos" a "suit" is
brought outside the territory de-
(1)- You, if you are an individual'; scribed in 7.(I) through 7.(4)
(2) A partner, if you are a partner- above, we will reimburse the
ship; or insured for defense expenses
incurred with our written con-
(3) An executive officer or insur- sent, but we will Make no pay-
ance manager, if you -are a cor- ment, nor will we reimburse the
poration. insured for damages.
Subparagraph b.(2) under 2. Duties In K. DEFINITIONS
The Event Of Accident, Claim, Suit Or
Loss is amended as follows: Under SECTION V - DEFINITIONS : Item C. is
replaced by the following:
(2)- Immediately send us copies of
any request, demand, order, C. 'Bodily injury" means bodily injury, sick-
notice. summens or legal paper ness or disease sustained by a person,
received concerning the claim including mental anguish-, mental injury
or "suit." or death resulting from any of these.
"Bodily injury" includes mental anguish
Your employees may know of or other mental injury resulting from
documents received concerning "bodily injury".
a claim or "suit". This will not
CA 70 77 09 11
Page 3 of 3

TRA0679332 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply Un-
lesS modified by the endorsement.
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, item c. is re-
placed by the folloWing:
c. Regardless of the provisions of Paragraph a, above, this Coverage Form's Liability Coverage is
primary and we will not seek contribution from any other insurance for any liability assumed
under an Insured contract' that requires liability to be assumed on a primary noncontributory
basis.
CA 70 75 10.08:

CARRIER CODE SCF Arizona - 19909
POLICY ENDORSEMENT
Please attach this endorsement to your policy
This endorsement changes the policy to which it is attached and is Effective on the date issued unless otherwise stated.
A.rizona • If you have any questions, please contact your local SCF Arizona office.
.f,iij *.; :::::,1 1..:;S::di-i.W)4 .'..c.$:3•: : ).:11:ii.?
EFFECTIVE 12:01 AM 1 MO I DAY I YEAR r AMENDING POLICY NUMBER I MO I DAY I YEAR AUTHORIZED REP RESEIVIAT1VE
01/01/2014 324262 12/27/13
ounter signed oenix, Anzona
ForeSite Design & Construction Inc
1425 N. Mondel Dr
Gilbert, AZ 85233
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.
n Schedule Job Name &
Contract Number:
E] Blanket Any and all Arizona jobs. 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 endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
Premium Charge: $ 0.00
61-1046 POLEND WC 00 03 13
0 1983 National Council on Compensation Insurance

Job Order Contractor for Parks and Recreation
Contract No.: 15051-JOC
EXHIBIT J
[General Requirements for Job Order Contracts]
General Conditions for JOG Page #40

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 - 1AQ *** . 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
FlViD/J0C/GR § Page 11
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .

DIVISION 01- GENERAL REQUIREMENTS FOR JOB ORDER CONTRACTS
SECTION TITLEI 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 I 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
FMD/JOC/GR § Page I 2
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 defined 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 EnvironmentalfF'rocess 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 perfoiin 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 final 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),
FMD/JOC/GR § Page 16
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 defmed 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 BM Model: If the Job Order Contractor maintains a BIM model, it shall be made available for
reference by the Design Professional and Owner. The tiles 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 fmished 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, terminations 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 fmish 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 # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .

1.5.5 Time Restrictions for Performing 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 performed 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 deteunined 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.
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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 foim.
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 final 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 foim 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.
FM7D/J0C/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 defnied 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 infoimation 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 perform 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 font's. 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 CONTRACTOR'S REQUESTS FOR INFORMATION
A. RFI's shall be submitted on a foliii acceptable to the Owner. ***
1. Forms shall be completely filled in, and; shall be fully legible after photocopying or transmission
by facsimile (fax).
2. RFI' s shall be submitted in numerical order with no breaks in the consecutive numbering.
3. Each page of attachments to RFI's shall bear the RFI number and shall be consecutively
numbered in chronological order.
4. Job Order Contractor's may use their own form 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 foil"' will not be considered a formal 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 I 16
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. RFI 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
information 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 performing 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 I 17
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 fon is:
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 118
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .

SECTION 01 26 63
TASK ORDER MODIFICATION PROCEDURE
PART I 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 foil i.
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.
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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .

1.3.4.2 Secure the required infola ation 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/J0C/GR § Page I 21
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 (1 st) of the month or the next business day if the first (1 st) 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/J0C/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 fmish
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 perform 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 125
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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 final
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 final 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.
FIVID/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 defmed 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 permitted.
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 fmish 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 finishes, 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
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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 defined 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.
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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, final 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.
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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 130
Serial II 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 information used to perform 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 deteimination 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/J0C/GR § Page I 32
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
FMD/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.
FMD/JOC/GR § Page I 34
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 final 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 fmal 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 final 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 final 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 performance
requirements.
7. Obtain approval of field samples before commencing construction of exposed work.
8. Upon acceptance of fmal 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 infounation 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 Farm: 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. Infoimation 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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Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .

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.
1.4.5.4.1Perfoimance and test data.
1.4.5.4.2 Reference 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.
FMD/JOC/GR § Page I 38
Serial # 15051-JOC ; Project Title Job Order Contractor for Parks and Recreation .