CMAR Design Phase Services Contract
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CITY OF EL MIRAGE
EL MIRAGE LIBRARY REMODEL / RELOCATION
CONSTRUCTION MANAGER AT RISK
DESIGN PHASE SERVICES
PROJECT NO. EM20-F01
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
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TABLE OF CONTENTS
ARTICLE
PAGE
RECITALS ............................................................................................................................................. 1
AGREEMENT........................................................................................................................................ 1
ARTICLE 1 – TERMS AND DEFINITIONS ........................................................................................ 1
ARTICLE 2 – BASIC DESIGN PHASE SERVICES .......................................................................... 4
2.1
GENERAL .......................................................................................................................... 4
2.2
CONTRACTOR LABOR REQUIREMENTS ................................................................ 5
2.3
PROJECT SCHEDULE .................................................................................................... 5
2.4
DESIGN DOCUMENT REVIEWS ................................................................................... 6
2.5
COST MODEL, COST ESTIMATES AND SCHEDULE OF VALUES .......................... 7
2.6
GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS ............................................. 8
2.7
SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS .................................... 9
ARTICLE 3 – PERIOD OF SERVICES ............................................................................................. 11
ARTICLE 4 – CONTRACT AMOUNT AND PAYMENTS ................................................................ 11
4.1
CONTRACT AMOUNT ................................................................................................... 11
4.2
PAYMENTS ..................................................................................................................... 11
4.3
ADDITIONAL DESIGN PHASE SERVICES ................................................................. 12
ARTICLE 5 – CITY’S RESPONSIBILITIES ...................................................................................... 12
ARTICLE 6 – CONTRACT CONDITIONS ........................................................................................ 12
6.1
PROJECT DOCUMENTS AND COPYRIGHTS ........................................................... 12
6.2
COMPLETENESS AND ACCURACY OF CM@RISK’S WORK ................................ 13
6.3
ALTERATION IN CHARACTER OF WORK ................................................................. 13
6.4
DATA CONFIDENTIALITY ............................................................................................. 13
6.5
PROJECT STAFFING .................................................................................................... 14
6.6
INDEPENDENT CONTRACTOR................................................................................... 14
6.7
SUBCONSULTANTS ...................................................................................................... 14
6.8
TERMINATION ................................................................................................................ 15
6.9
DISPUTES ....................................................................................................................... 15
6.10
RECORDS/AUDIT ........................................................................................................... 15
6.11
INDEMNIFICATION ........................................................................................................ 15
6.12
NOTICES ......................................................................................................................... 16
6.13
COMPLIANCE WITH LAWS .......................................................................................... 16
6.14
CONFLICT OF INTEREST ............................................................................................. 16
6.15
CONTRACTOR’S LICENSE .......................................................................................... 17
6.16
SUCCESSORS AND ASSIGNS .................................................................................... 17
6.17
FORCE MAJEURE.......................................................................................................... 17
6.18
COVENANT AGAINST CONTINGENT FEES.............................................................. 17
6.19
NON-WAIVER PROVISION ........................................................................................... 17
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
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6.20
JURISDICTION ................................................................................................................ 17
6.21
SURVIVAL ....................................................................................................................... 17
6.22
MODIFICATION............................................................................................................... 17
6.23
SEVERABILITY ............................................................................................................... 18
6.24
INTEGRATION ................................................................................................................ 18
6.25
TIME IS OF THE ESSENCE .......................................................................................... 18
6.26
THIRD PARTY BENEFICIARY ...................................................................................... 18
6.27
COOPERATION AND FURTHER DOCUMENTATION .............................................. 18
6.28
CONFLICT IN LANGUAGE ............................................................................................ 18
6.29
CITY’S RIGHT OF CANCELLATION ............................................................................. 18
ARTICLE 7 – INSURANCE................................................................................................................ 18
EXHIBIT “A” – PRECONSTRUCTION SERVICES
EXHIBIT “B” – SUBMITTAL REQUIREMENTS FOR GMP SUBMITTALS
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
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City of El Mirage, Arizona
Engineering Department
___________________________________________
CONSTRUCTION MANAGER AT RISK
DESIGN PHASE SERVICES
PROJECT NO. EM20-F01
THIS CONTRACT is made and entered into on the 2nd day of February, 2021, by and between City of El
Mirage, hereinafter called the “CITY” and CORE Construction, Inc. hereinafter called the "CONSTRUCTION
MANAGER AT RISK" or “CM@Risk”.
RECITALS
A. The City engages the CM@Risk to perform design phase services for the project known and described as
El Mirage Library Remodel / Relocation, Project No. EM20-F01 hereinafter called the “Project”.
B. To undertake the design of said Project, the City has entered into a contract with bo ARCH L.L.C.,
hereinafter referred to as the “Design Professional.”
C. The CM@Risk has represented to the City the ability to provide design phase services and to construct the
Project.
D. Based on this representation, the City intends to enter into a contract with the CM@Risk for the design
phase services identified in this contract. At the end of the design phase, at the City’s sole discretion, the City
may enter into a separate construction contract with the CM@Risk for construction phase services.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter contained,
it is agreed by and between the City and the CM@Risk as follows:
ARTICLE 1 – TERMS AND DEFINITIONS
Addenda - Written or graphic instruments issued prior to the submittal of the Guaranteed Maximum Price (GMP)
Proposal(s), which clarify, correct or change the GMP Proposal(s) requirements.
Agreement (Contract) – This written document signed by the City and CM@Risk covering the design phase of
the Project, and including other documents itemized and referenced in or attached to and made part of this
Contract.
Alternate Systems Evaluations – Alternatives for design, means and methods or other scope considerations that
are evaluated using value engineering principles and have the potential to reduce construction costs while still
delivering a quality and functional Project that meets City requirements.
Change Order - A written instrument issued after execution of the Contract Documents signed by the City and
CM@Risk, stating their agreement upon all of the following: the addition, deletion or revision in the scope of
services or deliverables; the amount of the adjustment to the Contract Amount, the extent of the adjustment to
the Contract Time, or modifications of other contract terms.
City of El Mirage – El Mirage Library Remodel / Relocation
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City (Owner or OWNER) - The City of El Mirage, a municipal corporation, with whom CM@Risk has entered into
this Contract and for whom the services is to be provided pursuant to said Contract.
Construction Documents - The plans, specifications, and drawings prepared by the Design Professional and
issued as approved for construction meaning the documents are sealed by the Design Professional, signed and
acceptable for permitting.
Construction Fee – The CM@Risk’s administrative costs, home office overhead, and profit, whether at the
CM@Risk’s principal or branch offices. This includes the administrative costs and home office costs and any
limitations or exclusions that may be included in the General Conditions for the construction phase.
Construction Manager at Risk (CM@Risk or Contractor) - The person, firm, corporation, or other approved legal
unit with whom the City has entered into this Contract to provide services as detailed in this Contract.
Contingency, CM@Risk (Contractor’s) - A fund to cover cost growth during the Project usually for costs that
result from Project circumstances. The amount of the CM@Risk Contingency shall be negotiated as a separate
line item in each GMP package. Use and management of the CM@Risk Contingency is described in Section
2.6.7.
Contingency, Owner’s – A fund to cover cost growth during the Project used at the discretion of the City usually
for costs that result from City directed changes or site conditions. The amount of the Owner’s Contingency will
be set solely by the City and shall be in addition to the Project costs included in the CM@Risk’s GMP packages.
Use and management of the Owner’s Contingency is described in Section 2.6.8.
Contract Amount - The final approved budget for this Contract as identified in Article 4.
Contract Documents - This Contract, exhibits, attachments, the Notice to Proceed for design phase services, all
Written Amendments and Change Orders to this Contract and any other documents so designated in this
Contract.
Contract Time(s) - The number of days or the dates related to the construction phase that as stated in
Construction Documents applies to achievement of final completion of the construction Work so that it is ready
for final payment.
Cost Model – A breakdown of the scope of the Project that is initially developed by the CM@Risk during the
preliminary design phase and based on information from the Project Team and the CM@Risk’s records of
similar projects. The model will evolve as the design progresses and be maintained by the CM@Risk throughout
the design phase and shall include any assumptions and clarifications made by the CM@Risk. The model shall
support any cost estimates, Alternative Systems Evaluations and eventually any GMP Proposals, when required
by the Project Team. The model shall comply with the specified requirements outlined in paragraph 2.5.
Contractor Payment Request - The form that is accepted by the City and used by the CM@Risk in requesting
progress payments or final payment and which shall include such supporting documentation as is required by
the Contract Documents and/or the City.
Cost of the Work - The direct costs necessarily incurred by the CM@Risk in the proper performance of the
Work. The Cost of the Work shall include direct labor costs, subcontract costs, costs of materials and
equipment incorporated in the completed construction, costs of other materials and equipment, temporary
facilities, building permit fees, materials testing and related items. The Cost of the Work shall not include the
CM@Risk’s construction fee, general conditions fee, taxes, bond, or insurance costs.
Day - Calendar day(s) unless otherwise specifically noted in the Contract Documents.
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Deliverables – The work products prepared by the CM@Risk in performing the scope of work described in this
Contract. Some of the major deliverables to be prepared and provided by the CM@Risk during the design phase
may include but are not limited to: Cost Model, Construction Management Plan, Project Schedule, Schedule of
Values, alternative system evaluations, procurement strategies and plans, cost estimates, construction market
surveys, cash flow projections, GMP Proposals, Subcontractor procurement plan, Subcontractor agreements,
Subcontractor bid packages, Supplier agreements, Constructability Review, Cost Control Log and others as
indicated in this Contract or required by the Project Team.
Drawings (Plans) – Documents, which visually represent the scope, extent and character of the Work to be
furnished and performed by the CM@Risk during the construction phase and which have been prepared or
approved by the Design Professional and the City. Includes Drawings that have reached a sufficient stage of
completion and released by the Design Professional solely for the purposes of review and/or use in performing
constructability or biddability reviews and in preparing cost estimates (e.g. conceptual design Drawings,
preliminary design Drawings, detailed design Drawings at 30%, 60%, 90% or 100% or schematic, design
development, construction documents), but “not for construction”. Shop Drawings are not Drawings as so
defined.
Design Professional - The qualified, licensed person, firm or corporation who furnishes design services required
under the Contract Documents.
General Conditions Costs – Includes, but is not limited to the following types of costs for the CM@Risk during
the construction phase: payroll for Work conducted at the site, payroll costs for the superintendent and full-time
general foremen, payroll costs for management personnel for work conducted on the site, workers not included
as direct labor costs engaged in support (e.g. loading/unloading, clean-up, etc.), administrative office personnel,
costs of offices and temporary facilities including office materials, office supplies, office equipment, minor
expenses, utilities, fuel, sanitary facilities and telephone services at the site, costs of liability insurance premiums
not included in labor burdens for direct labor costs, costs of bond premiums, costs of consultants not in the
direct employ of the CM@Risk or Subcontractors, taxes, fees for permits and licenses. Certain limitations and
exclusions are described in the General Conditions for the construction phase.
Guaranteed Maximum Price (GMP) – The sum of the maximum Cost of the Work and the CM@Risk’s
construction fee, general conditions fee, sales tax, bonds, insurance costs, and contingency (ies).
GMP Plans and Specifications – The three sets of plans and specifications provided pursuant to paragraph 2.7.3
upon which the Guaranteed Maximum Price Proposal is based.
Guaranteed Maximum Price (GMP) Proposal - The offer or proposal of the CM@Risk submitted on the
prescribed form setting forth the GMP prices for the entire Work and/or portions of the Work to be performed
during the construction phase. The GMP Proposal(s) are to be developed pursuant to Article 2 of this Contract.
Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Notice to Proceed - A written notice given by the City to the CM@Risk fixing the date on which the CM@Risk will
start to perform the CM@Risk’s obligations under this Contract.
Project - The work to be completed in the execution of this Contract as described in the Recital above.
Project Team – Design phase services team consisting of the Design Professional, CM@Risk, and City of El
Mirage representatives, representatives and other stakeholders who are responsible for making decisions
regarding the Project.
Schedule of Values (SOV) – Document specified in the General Requirements for the construction phase
Contract, which divides the Contract Price into pay items, such that the sum of all pay items equals the Contract
Price for the construction phase Work, or for any portion of the Work having a separate specified Contract Price.
The SOV may or may not be output from the Progress Schedule depending on if the Progress Schedule is cost-
loaded or not.
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Shop Drawings - All drawings, diagrams, schedules and other data specifically prepared for the Work by the
CM@Risk or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion
of the Work.
Site – The land or premises on which the Project is located.
Specifications - The part(s) of the Contract Documents for the construction phase consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work
and certain administrative details applicable thereto. This project shall be constructed using the current Uniform
Standard Specifications and Details for Public Works Construction as furnished by the Maricopa Association of
Governments and as amended by the City of El Mirage.
Subcontractor - An individual or firm having a direct contract with the CM@Risk or any other individual or firm
having a contract with the aforesaid contractors at any tier, who undertakes to perform a part of the design
phase services or construction phase Work at the site for which the CM@Risk is responsible. Subcontractors
shall be selected through the Subcontractor bid process described in paragraph 2.8 of this Contract.
Subconsultant - A person, firm or corporation having a contract with the CM@Risk to furnish services required
as its independent professional associate or consultant with respect to the Project.
Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with
CM@Risk or with any Subcontractor to furnish materials or equipment to be incorporated in the construction
phase Work by CM@Risk or any Subcontractor.
Total Float - Number of Days by which the design phase services or construction phase Work or any part of the
same may be delayed without necessarily extending a pertinent Contract Time or schedule milestone in the
Project Schedule.
Work - The entire completed construction or the various separately identifiable parts thereof, required to be
furnished during the construction phase. Work includes and is the result of performing or furnishing labor and
furnishing and incorporating materials, resources and equipment into the construction, and performing or
furnishing services and documents as required by the Contract Documents for the construction phase.
ARTICLE 2 – BASIC DESIGN PHASE SERVICES
2.1
GENERAL
2.1.1
The CM@Risk, to further the interests of the City, shall perform the services required by, and in
accordance with this Contract and as outlined in the attached Exhibit “A” to the satisfaction of the City Engineer,
exercising the degree of care, skill and judgment a professional construction manager performing similar
services in the Phoenix, Arizona metropolitan area would exercise at such time, under similar conditions. The
CM@Risk shall, at all times, perform the required services consistent with sound and generally accepted
engineering principals and construction management and construction contracting practices. The services being
provided under this Contract shall not alter any real property owned by the City.
2.1.2
As a participating member of the Project Team, when requested by the City, the CM@Risk shall
provide to the City and Design Professional a written evaluation of the City’s Project Program and Project
Budget, each in terms of the other, with recommendations as to the appropriateness of each.
2.1.3
The CM@Risk shall attend Project Team meetings, which may include, but are not limited to, bi-
weekly Project management meetings, Project workshops, special Project meetings, construction document
rolling reviews, public meetings and partnering sessions.
2.1.4
The CM@Risk shall provide design phase services, described herein, in a timely manner and
consistent with the intent of the most current Drawings and Specifications. The CM@Risk shall promptly notify
the City in writing whenever the CM@Risk determines that any Drawings or Specifications are inappropriate for
the Project and/or cause changes in the scope of Work requiring an adjustment in the Cost Model, cost
estimate, Project Schedule, GMP Proposals and/or in the Contract Time for the Work, to the extent such are
established.
City of El Mirage – El Mirage Library Remodel / Relocation
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2.1.5
The CM@Risk when requested by the City, shall attend, make presentations and participate as may
be appropriate in public agency and or community meetings, germane to the Project. The CM@Risk shall
provide drawings, schedule diagrams, budget charts and other materials describing the Project, when their use
is required or appropriate in any such public agency meetings.
2.1.6
In providing any Design Phase Services under this Agreement, CM@Risk does not assume any
responsibility for any design errors, omissions or inconsistencies, nor does CM@Risk assume any design
responsibilities unless specifically called for in the scope of work. In providing Construction Services, CM@Risk
shall be responsible for his errors, omissions or inconsistencies included in the Work.
2.2
CONTRACTOR LABOR REQUIREMENTS
The CONTRACTOR shall insure that all employees have a legal right to live and work in the United States.
Upon request by the City of El Mirage, a copy of the Birth Certificate, Certificate of Naturalization, Immigration
Card, or Special Entry Permit shall be provided to the City Engineer. In addition, employee compensation shall
meet all applicable requirements of the Fair Labor Standards Act (FLSA) and Federal Minimum Wage Laws.
2.3
PROJECT SCHEDULE
2.3.1
The fundamental purpose of the Project Schedule is to identify, coordinate and record the tasks and
activities to be performed by all of the Project Team members and then for the Project Team to utilize that
Deliverable as a basis for managing and monitoring all member’s compliance with the schedule requirements of
the Project. Each Project Team member is responsible for its compliance with the Project Schedule
requirements. The CM@Risk shall, however, develop and maintain the Project Schedule on behalf of and to be
used by the Project Team based on input from the other Project Team members. The Project Schedule shall be
consistent with the most recent revised/updated CPM. The Project Schedule shall use the Critical Path Method
(CPM) technique, unless required otherwise, in writing by the City. The CM@Risk shall use scheduling software
to develop the Project Schedule that is acceptable to the City. The Project Schedule shall be presented in
graphical and tabular reports as agreed upon by the Project Team. If Project phasing as described below is
required, the Project Schedule shall indicate milestone dates for the phases once determined. As part of
construction phase, the CM@Risk shall be required to prepare a schedule for all work, including work performed
by subcontractors, detailing each of the project tasks.
2.3.2
The CM@Risk shall include and integrate in the Project Schedule the services and activities
required of the City, Design Professional and CM@Risk including all construction phase activities based on the
input received from the City and the Design Professional. The Project Schedule shall detail activities to the
extent required to show: (a) the coordination between preliminary design and various design phase documents,
(b) any separate long-lead procurements, (c) any permitting issues, (d) any land, right-of-way, or easement
acquisition, (e) bid packaging strategy and awards to Subcontractors and Suppliers, (f) major stages of
construction, (g) start-up and commissioning, and (h) occupancy of the completed Work by the City. The Project
Schedule shall include by example and not limitation, proposed activity sequences and durations for design,
procurement, construction and testing activities, milestone dates for actions and decisions by the Project Team,
preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long-
lead time procurement (if any), milestone dates for various construction phases, Total Float for all activities,
relationships between the activities, City’s occupancy requirements showing portions of the Project having
occupancy priority, and proposed dates for Final Completion.
2.3.3
The Project Schedule shall be updated and maintained by the CM@Risk throughout the design
phase such that it shall not require major changes at the start of the construction phase to incorporate the
CM@Risk’s plan for the performance of the construction phase Work. The CM@Risk shall provide updates
and/or revisions to the Project Schedule for use by the Project Team, whenever required, but no less often than
at the Project Team meetings. The CM@Risk shall include with such submittals a narrative describing its
analysis of the progress achieved to-date vs. that planned, any concerns regarding delays or potential delays,
and any recommendations regarding mitigating actions.
City of El Mirage – El Mirage Library Remodel / Relocation
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2.3.4
If phased construction is deemed appropriate and the City and Design Professional approve, the
CM@Risk shall review the design and make recommendations regarding the phased issuance of Construction
Documents to facilitate phased construction of the Work, with the objective of reducing the Project Schedule
and/or Cost of the Work. The CM@Risk shall take into consideration such factors as natural and practical lines
of work severability, sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, labor and materials availability, and any other factors pertinent to saving time
and cost.
2.4
DESIGN DOCUMENT REVIEWS
2.4.1
The CM@Risk shall evaluate periodically the availability of labor, materials/equipment, cost-
sensitive aspects of the design; and other factors that may impact the Cost Model or cost estimate, GMP
Proposals and/or the Project Schedule.
2.4.2
The CM@Risk shall recommend, in conjunction with the Project Team, those additional surface and
subsurface investigations that, in its professional opinion, are required to provide the necessary information for
the CM@Risk to construct the Project. These additional investigations, agreed to by the design team, shall be
acquired by the City and copies of the reports will be provided to the CM@Risk. The CM@Risk will not be
responsible for unknown or concealed sub-surface conditions. After completion of design phase services, the
CM@Risk may request additional investigations in their GMP Proposal to improve the adequacy and
completeness of the site condition information and data made available with the Construction Documents.
2.4.3
The CM@Risk shall meet with the Project Team as required to review designs during their
development. The CM@Risk shall familiarize itself with the evolving documents through the various design
phases. The CM@Risk shall proactively advise the Project Team and make recommendations on factors related
to construction costs, and concerns pertaining to the feasibility and practicality of any proposed means and
methods, selected materials, equipment and building systems, and, labor and material availability. The
CM@Risk shall furthermore advise the Project Team on proposed site improvements, excavation and
foundation considerations, as well as, concerns that exist with respect to coordination of the Drawings and
Specifications. The CM@Risk shall recommend cost effective alternatives.
2.4.4
The CM@Risk shall routinely conduct constructability and biddability reviews of the Drawings and
Specifications as necessary to satisfy the needs of the Project Team. The reviews shall attempt to identify all
discrepancies and inconsistencies in the Construction Documents especially those related to clarity,
consistency, completeness and coordination of Work of Subcontractors and Suppliers.
2.4.4.1
The CM@Risk shall evaluate whether (a) the Drawings and Specifications are configured to enable
efficient construction, (b) design elements are standardized, (c) construction efficiency is properly considered in
the Drawings and Specifications, (d) module/preassembly design are prepared to facilitate fabrication, transport
and installation, (e) sequences of Work required by or inferable from the Drawings and Specifications are
practicable, (f) the design has taken into consideration, efficiency issues concerning; access and entrance to the
site, laydown and storage of materials, staging of site facilities, construction parking, and other similar pertinent
issues, and (g) the design maintains continued operation of the existing system and maintains traffic on adjacent
roadways.
2.4.4.2
The CM@Risk shall check cross-references and complementary Drawings and sections within the
Specifications, and in general evaluate whether (a) the Drawings and Specifications are sufficiently clear and
detailed to minimize ambiguity and to reduce scope interpretation discrepancies, (b) named materials and
equipment are commercially available and are performing well or otherwise, in similar installations, (c)
Specifications include alternatives in the event a requirement cannot be met in the field, and (d) in its
professional opinion, the Project is likely to be subject to differing site conditions.
2.4.4.3
The results of the reviews shall be provided to the City in formal, written reports clearly identifying all
discovered discrepancies and inconsistencies in the Drawings and Specifications with notations and
recommendations made on the Drawings, Specifications and other documents. The CM@Risk shall meet with
the City and Design Professional to discuss any findings and review reports.
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2.4.4.4
The CM@Risk’s reviews shall be from a contractor's perspective, and though it shall serve to
reduce the number of Requests for Information (RFIs) and changes during the construction phase, responsibility
for the Drawings and Specifications shall remain with the Design Professional and not the CM@Risk.
2.4.5
It is the CM@Risk’s responsibility to assist the Design Professional in ascertaining that, in the
CM@Risk’s professional opinion, the Construction Documents are in accordance with applicable laws, statutes,
ordinances, building codes, sound engineering principles rules and regulations. If the CM@Risk recognizes that
portions of the Construction Documents are at variance with applicable laws, statutes, ordinances, building
codes, sound engineering principles rules and regulations, it shall promptly notify the Design Professional and
City in writing, describing the apparent variance or deficiency. However, the Design Professional is ultimately
responsible for the compliance with those laws, statutes, ordinances, building codes, rules and regulations.
2.4.6
The Project Team shall routinely identify and evaluate using value engineering principles any
alternate systems, approaches, design changes that have the potential to reduce Project costs while still
delivering a quality and functional product. If the Project Team agrees, the CM@Risk in cooperation with the
Design Professional will perform a cost/benefit analysis of the alternatives and submit such in writing to the
Project Team. The Project Team will decide which alternatives will be incorporated into the Project. The Design
Professional will have full design responsibility for the review and incorporation of the CM@Risk suggested
alternatives into the Drawings and Specifications. The CM@Risk shall include the cost of the alternatives into
the Cost Model or cost estimate and any GMP Proposals.
2.5
COST MODEL, COST ESTIMATES AND SCHEDULE OF VALUES
2.5.1
As soon as practical during the design phase, the CM@Risk will review all available information
regarding the design and scope of the Project, the CM@Risk’s experience in performing similar work, etc. and
based upon that review shall develop a Cost Model for review and approval by the City. Once approved by the
City, the Cost Model shall be continually updated and kept current as the design progresses throughout the
design phase until a final GMP for the entire Project is established. The Cost Model shall be the best
representation of the CM@Risk of what the complete functional Project’s construction costs will be as indicated
by the most current available documents. The CM@Risk shall communicate to the Project Team, any
assumptions made in preparing the Cost Model. The Cost Model shall support the CM@Risk’s construction cost
estimates and may be broken down initially as dictated by the available information, as required by the City. The
Cost Model shall also include allowances as agreed to by the Project Team, including but not limited: (a) a
construction cost contingency based on an agreed upon percentage of the total estimated construction cost, (b)
allowances for potential additional quantities and/or additional Work that the City may require, and (c) any costs
related to investigations described in paragraph 2.4.2.
2.5.2
After receipt of the Design Professional’s most current documents from certain specified design
phase milestones, the CM@Risk shall provide a detailed written report to the Project Team regarding the impact
of and changes to the Cost Model based on the CM@Risk’s review of the design documents made available at
the specified design phase milestone. The Design Professional and the CM@Risk will reconcile any
disagreements on the estimate to arrive at an agreed upon estimate for the construction costs based on the
scope of the Project through that specified design phase milestone. The design phase milestones applicable to
this paragraph are: preliminary design completion, and detailed design completion at 30% cost model and 90%.
If no consensus is reached, the City will make the final determination. If the Project Team requires additional
updates of the Cost Model beyond that specified in this paragraph, the CM@Risk shall provide the requested
information in a timely manner.
2.5.3
If at any point the estimate submitted to the City exceeds previously accepted estimates agreed to
by the Project Team or other key aspects of the Cost Model or the City’s Project Budget, the CM@Risk shall
make appropriate recommendations to the City and Design Professional on means/methods, materials, and or
other design elements that it believes will reduce the estimated construction costs, (without altering the City’s
basic program) such that it is equal to or less than the established Project Team’s target and/or the Project
Budget.
City of El Mirage – El Mirage Library Remodel / Relocation
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2.5.4
Near completion of the 90% detailed design review and included with the associated report, the
CM@Risk shall also submit to the City for review and approval a Schedule of Values that complies with the
following requirements. The Schedule of Values shall be based on City standard bid schedule and highlight
significant variances from any previously submitted Schedule of Values. The Schedule of Values shall be directly
related to the breakdowns reflected in the Project Schedule and the CM@Risk’s Cost Model. In addition, the
Schedule of Values shall: (a) detail unit prices and quantity take-offs, (b) detail all other allowances and unit
price Work shown and specified in the detailed design documents
2.5.4.1
The CM@Risk is to track, estimate/price and address the Team overall project cost issues that
arise outside of the Cost Model estimate such as: Owner generated changes, Design Team Proposed changes,
Alternate system analysis, Constructability items and Value Engineering. The system used to implement this
process will be referred to as the Design Evolution Log. This is to be addressed between the 30% Cost Model
estimate and 90% estimate and between the 90% estimate and the bid packages for all Phases.
2.5.5
Upon request by the City, the CM@Risk shall submit to the City a cash flow projection for the
Project based on the current updated/revised Project Schedule and the anticipated level of payments for the
CM@Risk during the design and construction phases. In addition, if requested by the City and based on
information provided by the City, the CM@Risk shall prepare a cash flow projection for the entire Project based
on historical records for similar types of projects to assist the City in the financing process.
2.6
GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS
2.6.1
The proposed GMP for the entire Work, and for each phase (if required) of the work, shall be
presented in a format acceptable to the City. The City may request a GMP Proposal for all or any portion of the
Project and at any time during the design phase. Any GMP Proposals submitted by the CM@Risk shall be
based on and consistent with the current update/revised cost estimate at the time of the request, the associated
estimates for construction costs and include any clarifications or assumptions upon which the GMP Proposal(s)
are based.
2.6.2
GMP Proposals for the entire Project shall be the sum of the maximum Cost of the Work, and
include the CM@Risk’s Construction Fee, General Conditions Fee, CM@Risk Contingency, and any
allowances. The CM@Risk guarantees to complete the Project at or less than the final GMP Proposal amount
plus approved Change Orders, and agrees that it shall be responsible for any increase in the actual cost of the
Work above that amount.
2.6.3
The CM@Risk, in preparing the GMP Proposal, will obtain from the City, three sets of signed,
sealed, and dated Drawings and Specifications for the phase (including all addenda). The CM@Risk shall
prepare its GMP in accordance with the City’s request for GMP Proposal requirements based on the most
current completed Drawings and Specifications at that time. The CM@Risk shall mark the face of each
document of each set upon which its proposed GMP is based. These documents shall be identified as the GMP
Plans and Specifications. The CM@Risk shall send one set of those documents to the City’s Project Manager,
keep one set and return the third set to the Design Professional.
2.6.4
An updated/revised Project Schedule shall be included with any GMP Proposal(s) that reflects the
GMP Plans and Specifications. Any such Project Schedule updates/revisions shall continue to comply with the
requirements of paragraphs 2.3.1 through 2.3.4.
2.6.5
By mutual agreement of the CM@Risk and the City, a CM@Risk contingency fund amount within
the GMP may be established.
2.6.6
GMP Proposal(s) Review and Approval
2.6.6.1 The CM@Risk shall meet with the City and Design Professional to review the GMP Proposal(s) and
the written statement of its basis. In the event the City or Design Professional discovers inconsistencies or
inaccuracies in the information presented, the CM@Risk shall make adjustments as necessary to the GMP
Proposal.
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2.6.6.2 The City upon receipt of any GMP proposal from the CM@Risk may submit the GMP Plans and
Specifications to an independent third party or to the Design Professional for review and verification. The
third party or Design Professional will develop an independent estimate of the Cost of the Work and review
the Project Schedule for the associated scope of the GMP Proposals.
2.6.6.3 If the CM@Risk GMP Proposal is greater than the independent third party or Design Professional’s
estimate, the City may require the CM@Risk to reconfirm its GMP Proposal. The CM@Risk shall then meet
with the City, the Design Professional and if used, the independent third party to reconcile the project
estimate.
2.6.6.4 If during the review and negotiation of GMP Proposals design changes are required, the City will
authorize and cause the Design Professional to revise the Construction Documents to the extent necessary
to reflect the agreed-upon assumptions and clarifications contained in the final approved GMP Proposal.
Such revised Construction Documents will be furnished to the CM@Risk. The CM@Risk shall promptly
notify the Design Professional and City in writing if any such revised Construction Documents are
inconsistent with the agreed-upon assumptions and clarifications.
2.6.7
CM@Risk Contingency shall be a separate line item in each GMP package submitted to the City as
an amount to be negotiated by the City and the CM@Risk with input from the Design Professional. The
CM@Risk Contingency shall be the last item in the GMP proposal table and shall have no markups applied at
the time of submission of the GMP proposal. CM@Risk Contingency shall be used by the CM@Risk at the
discretion of the City pursuant to the requirements indicated in the General Conditions of the construction phase
contract.
2.6.8
Owner’s Contingency will be used at the sole discretion of the City, if applicable. At the time that the
CM@Risk submits its GMP proposal to the City for approval, the City may add an additional amount to the sum
of the GMP proposals for approval by City Council to cover any increases in project costs that result from City
directed changes. The total Project cost approved by City Council will be the sum of the CM@Risk’s GMP
proposals and the Owner’s Contingency, if applicable.
2.6.8.1 Owner’s Contingency may be included outside of the Contract Price agreed to with the CM@Risk. If
the City decides to utilize some of its contingency funds, that amount will be added to the CM@Risk’s
Contract Price through the Change Order process described in the General Conditions for the construction
phase contract.
2.7
SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
2.7.1
There are two ways to select Subcontractors and major Suppliers prior to submission of a GMP
Proposal. They are either qualifications-based selection or a combination of qualifications and price. Except as
noted below, the selection of Subcontractors/Suppliers is the sole responsibility of the CM@Risk. In any case,
the CM@Risk is solely responsible for the performance of the selected Subcontractors/Suppliers.
2.7.2
The City may approve the selection of a Subcontractor(s) or Suppliers(s) based only on their
qualifications when the CM@Risk can demonstrate it is in the best interest of the Project.
2.7.2.1 Qualification based selection of a Subcontractor(s)/Supplier(s) should only occur prior to the
submittal of the GMP Proposal.
2.7.2.2 The CM@Risk shall prepare a Subcontractor/Supplier selection plan and submit the plan to the City
for approval. The CM@Risk shall apply the plan in the evaluation of the qualifications of a Subcontractor(s)
or Supplier(s) and provide the City with its review and recommendation.
2.7.2.3 The CM@Risk must receive City approval of the selected Subcontractor(s)/Supplier(s).
2.7.2.4 The CM@Risk shall negotiate costs for services/supplies from each Subcontractor/Supplier
selected under this method.
2.7.3
All Work shall be competitively bid unless a Subcontractor or Supplier was selected pursuant to
paragraph 2.7.2 above. Competitive bids shall occur prior to the GMP Proposal(s).
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2.7.3.1 The CM@Risk shall develop Subcontractor and Supplier interest, submit the names of a minimum
of three qualified Subcontractors or Suppliers for each trade in the Project for approval by the City and solicit
bids for the various Work categories. If there are not three qualified Subcontractors/Suppliers available for a
specific trade or there are extenuating circumstances warranting such, the CM@Risk may request approval
by the City to submit less than three names. Without prior written notice to the City, no change in the
recommended Subcontractors/Suppliers shall be allowed.
2.7.3.2 If the City objects to any nominated Subcontractor/Supplier or to any self-performed Work for good
reason, the CM@Risk shall nominate a substitute Subcontractor/Supplier that is acceptable to the City.
2.7.3.3 The CM@Risk shall distribute Drawings and Specifications, and when appropriate, conduct a prebid
conference with prospective Subcontractors and Suppliers.
2.7.3.4 If the CM@Risk desires to self-perform the certain portions of the Work, it shall request to be one of
the approved Subcontractor bidders for those specific bid packages. The CM@Risk’s bid will be evaluated
in accordance with the process identified below. If events warrant and the City concurs that in order to
insure compliance with the Project Schedule and/or cost, the CM@Risk may self perform Work without
bidding or re-bidding the Work.
2.7.3.5 The CM@Risk shall receive, open, record and evaluate the bids. The apparent low bidders shall be
interviewed to determine the responsiveness of their proposals. In evaluating the responsiveness of bid
proposals the CM@Risk, in addition to bid price, may consider the following factors: past performance on
similar projects, qualifications and experience of personnel assigned, quality management plan, approach or
understanding of the Work to be performed, and performance schedule to complete the Work. The final
evaluation of Subcontractor/Supplier bids shall be provided to the City Representative upon request. The
CM@Risk shall resolve any Subcontractor/Supplier bid withdrawal, protest or disqualification in connection
with the award at no increase in the Cost of the Work, unless such event occurs prior to acceptance of the
GMP Proposal for the Work.
2.7.4
The CM@Risk shall be required to prepare two different reports on the subcontracting process.
2.7.4.1 Within fifteen Days after each major Subcontractor/Supplier bid opening process; the CM@Risk
shall prepare a report for the City’s review and approval identifying the recommended
Subcontractors/Supplier for each category of Work. The report shall detail (a) the name of the
recommended Subcontractor/Supplier and the amount of the Subcontractor/Supplier bid for each
subagreement, (b) the sum of all recommended Subcontractor/Supplier bids received, (c) and trade work
and its cost that the CM@Risk intends to self-perform, if any.
2.7.4.2 Upon completion of the Subcontractor/Supplier bidding process, the CM@Risk shall submit a summary
report to the City of the entire Subcontractor/Supplier selection process. The report shall indicate, by bid process,
all Subcontractors/Suppliers contacted to determine interest, the Subcontractors/Suppliers solicited, the bids
received and costs negotiated, and the recommended Subcontractors/Suppliers for each category of Work.
2.7.5
The approved Subcontractors/Suppliers shall provide a Schedule of Values with their bid proposals,
which shall be used to create the overall Project Schedule of Values.
2.7.6
If after receipt of sub-bids or after award of Subcontractors and Suppliers, the City objects to any
nominated Subcontractor/Supplier or to any self-performed Work for good reason, the CM@Risk shall nominate a
substitute Subcontractor or Supplier, preferably if such option is still available, from those who submitted Subcontractor
bids for the Work affected. Once such substitute Subcontractors and Suppliers are consented to by the City, the
CM@Risk's proposed GMP for the Work or portion thereof shall be correspondingly adjusted to reflect any higher or
lower costs from any such substitution.
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ARTICLE 3 – PERIOD OF SERVICES
3.1
The design phase services described in this Contract shall be performed by CM@Risk in
accordance with the most current update/revised Project Schedule. Failure on the part of the CM@Risk to
adhere to the Project Schedule requirements for activities for which it is responsible and in control will be
deemed a material breach and sufficient grounds for termination of this Contract by the City.
3.2
If the date of performance of any obligation or the last day of any time period provided for herein
should fall on a Saturday, Sunday, or holiday for the City, then said obligation shall be due and owing, and said
time period shall expire, on the first day thereafter which is not a Saturday, Sunday or legal City holiday. Except
as may otherwise be set forth herein, any performance provided for herein shall be timely made if completed no
later than 5:00 p.m. (El Mirage time) on the day of performance.
ARTICLE 4 – CONTRACT AMOUNT AND PAYMENTS
4.1
CONTRACT AMOUNT
Based on the design phase services fee proposal submitted by the CM@Risk and accepted by the City
(Attached as Exhibit A); the City will pay the CM@Risk a lump sum fee of $29,000.00 as follows:
For the basic services described in Article 2, the CM@Risk
shall receive a lump sum fee of:
$29,000.00
Total Contract Amount
$29,000.00
4.2
PAYMENTS
4.2.1
Requests for monthly payments by the CM@Risk for design phase services shall be submitted
monthly and shall be accompanied by a progress report, detailed invoices and receipts, if applicable. Any
requests for payment shall include, as a minimum, a narrative description of the tasks accomplished during the
billing period, a listing of any Deliverables submitted, and copies of any Subconsultants’ requests for payment,
plus similar narrative and listings of Deliverables associated with their Work. Payment for services negotiated as
a lump sum shall be made in accordance with the percentage of work completed during the preceding month.
4.2.2
The fees for the CM@Risk shall be based upon the completion of tasks as shown in Exhibit A
attached.
4.2.3
In no event will the City pay more than 90 percent of the Contract Amount until final acceptance of
the all design phase services, and award of the final approved GMP for the entire Project by City Council.
4.2.4
The CM@Risk agrees that no charges or claims for costs or damages of any type shall be made by
it for any delays or hindrances beyond the reasonable control of the City during the progress of any portion of the
services specified in this Contract. Such delays or hindrances, if any, shall be solely compensated for by an
extension of time for such reasonable period as may be mutually agreed between the parties. It is understood
and agreed, however, that permitting the CM@Risk to proceed to complete any services, in whole or in part after
the date to which the time of completion may have been extended, shall in no way act as a waiver on the part of
the City of any of its legal rights herein.
4.2.5
No compensation to the CM@Risk shall be allowed contrary to Article I, Chapter I, Title 34 of the
Arizona Revised Statutes.
4.2.6
If any service(s) executed by the CM@Risk is abandoned or suspended in whole or in part, for a
period of more than 180 days through no fault of the CM@Risk, the CM@Risk is to be paid for the services
performed prior to the abandonment or suspension.
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4.3
ADDITIONAL DESIGN PHASE SERVICES
Additional services which are outside the scope of the services contained in this agreement shall not be
performed by the CM@Risk without written authorization from the CITY. Additional services, when authorized by
an executed Contract or an Amendment to this agreement shall be compensated for by a fee mutually agreed
upon between the City and the CM@Risk.
ARTICLE 5 - CITY'S RESPONSIBILITIES
5.1
The City, at no cost to the CM@Risk, will furnish the following information:
5.1.1
One copy of data the City determines pertinent to the work. However, the CM@Risk shall be
responsible for searching the records and requesting information it deems reasonably required for the Project.
5.1.2
All available data and information pertaining to relevant policies, standards, criteria, studies, etc.
5.1.3
The name of the City employee or City’s representative who will serve as the Project Manager
during the term of this Contract. The Project Manager has the authority to administer this Contract and will
monitor the CM@Risk’s compliance with all terms and conditions stated herein. All requests for information from
or decisions by the City on any aspect of the work or Deliverables shall be directed to the Project Manager.
5.2
The City additionally will:
5.2.1
Contract separately with one or more Design Professionals to provide architectural and/or
engineering design services for the Project. The scope of services for the Design Professional will be provided to
the CM@Risk for its information. The CM@Risk shall have no right, to limit or restrict any changes of such
services that are otherwise mutually acceptable to the City and Design Professional.
5.2.2
Supply, without charge, three (3) copies and one (1) CD of programs, reports, drawings, and
specifications reasonably required by the CM@Risk except those copies where cost has been reimbursed by
the City.
5.2.3
Provide the CM@Risk with adequate information in its possession or control regarding the City’s
requirements for the Project.
5.2.4
Give prompt written notice to the CM@Risk when the City becomes aware of any default or defect in
the Project or non-conformance with the Drawings and Specifications.
5.2.5
Notify the CM@Risk of changes affecting the budget allocations.
5.2.6
Provide potholing services by the City or Design Professional.
5.3
The City’s Project Manager shall have authority to approve the Project Budget and Project Schedule,
and render decisions and furnish information the Project Manager deems appropriate to the CM@Risk.
ARTICLE 6 – CONTRACT CONDITIONS
6.1
PROJECT DOCUMENTS AND COPYRIGHTS
6.1.1
All work products (electronically or manually generated) including but not limited to plans,
specifications, cost estimates, tracings, studies, design analyses, original mylar drawings, computer aided
drafting and design (CADD) file CD’s which reflect all final drawings, and other related products which are
prepared in the performance of this Contract are the property of the CITY and are to be delivered to the CITY
before the final payment is made to the CM@Risk. The CITY shall retain ownership of these original drawings,
the CM@Risk may retain a reproducible mylar. He/she shall endorse by his/her professional seal all plans and
special provisions furnished by him/her. In the event these documents are used for another project without
further consultations with the CM@Risk, the CITY agrees to indemnify and hold the CM@Risk harmless from
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any claim arising from the reuse of the documents. The CITY shall remove the CM@Risk's seal and title block
from such documents.
6.1.2
The copyrights, patents, trade secrets or other intellectual property rights associated with the ideas,
concepts, techniques, inventions, processes or works of authorship developed or created by the CM@Risk, its
Subconsultants or personnel, during the course of performing this Contract or arising out of the Project will
belong to the CM@Risk.
6.1.3
The CM@Risk hereby grants, and shall require its Subconsultants to grant, a license to the City, its
agents, employees, and representatives for an indefinite period of time to reasonably use, make copies, and
distribute as appropriate the Project Documents, works or Deliverables developed or created for the Project and
this Contract. This license shall also include the making of derivative works. In the event that the derivative
works require the City to alter or modify the Project Documents, then paragraph 6.1.1 applies.
6.1.4
When applicable and required by state law, the CM@Risk and its Subconsultants shall endorse by
an Arizona professional seal all drawings, works, and Deliverables prepared by them for this Contract.
6.2
COMPLETENESS AND ACCURACY OF CM@RISK'S WORK
The CM@Risk shall be responsible for the completeness and accuracy of its reviews, reports, supporting data,
and other design phase Deliverables prepared or compiled pursuant to its obligations under this Contract and
shall at its sole own expense correct its work or Deliverables. Any damage incurred by the City as a result of
additional construction cost caused by such willful or negligent errors, omissions or acts shall be chargeable to
the CM@Risk to the extent that such willful or negligent errors, omissions and acts fall below the standard of
care and skill that a professional CM@Risk in El Mirage, Arizona would exercise under similar conditions. The
fact that the City has accepted or approved the CM@Risk’s work or Deliverables shall in no way relieve the
CM@Risk of any of its responsibilities under the Contract, nor does this requirement to correct the work or
Deliverable constitute a waiver of any claims or damages otherwise available by law or Contract to the City.
Correction of errors, omissions and acts discovered on architectural or engineering Drawings and Specifications
shall be the responsibility of the design architect.
6.3
ALTERATION IN CHARACTER OF WORK
6.3.1
In the event an alteration or modification in the character of work or Deliverable results in a
substantial change in this Contract, thereby materially increasing or decreasing the scope of services, cost of
performance, or Project Schedule, the work or Deliverable shall nonetheless be performed as directed by the
City. However, before any altered or modified work begins, a Change Order will be approved and executed by
the City and the CM@Risk. Such Change Order shall not be effective until approved by the City.
6.3.2
Additions to, modifications, or deletions from the Project provided herein may be made, and the
compensation to be paid to the CM@Risk may accordingly be adjusted by mutual agreement of the contracting
parties.
6.3.3
No claim for extra work done or materials furnished by the CM@Risk shall be allowed by the City
except as provided herein, nor shall the CM@Risk do any work or furnish any material(s) not covered by this
Contract unless such work or material is first authorized in writing. Work or material(s) furnished by the
CM@Risk without such prior written authorization shall be the CM@Risk’s sole jeopardy, cost, and expense,
and the CM@Risk hereby agrees that without prior written authorization no claim for compensation for such
work or materials furnished shall be made.
6.4
DATA CONFIDENTIALITY
6.4.1
As used in the Contract, data means all information, whether written or verbal, including plans,
photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting
minutes, data field notes, work product, proposals, correspondence and any other similar documents or
information prepared by or obtained by the CM@Risk in the performance of this Contract.
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6.4.2
The parties agree that all data, including originals, images, and reproductions, prepared by,
obtained by, or transmitted to the CM@Risk in connection with the CM@Risk’s performance of this Contract is
confidential and proprietary information belonging to the City.
6.4.3
The CM@Risk shall not divulge data to any third party without prior written consent of the City. The
CM@Risk shall not use the data for any purposes except to perform the services required under this Contract.
These prohibitions shall not apply to the following data:
6.4.3.1 Data which was known to the CM@Risk prior to its performance under this Contract unless such
data was acquired in connection with work performed for the City;
6.4.3.2 Data which was acquired by the CM@Risk in its performance under this Contract and which was
disclosed to the CM@Risk by a third party, who to the best of the CM@Risk’s knowledge and belief, had the
legal right to make such disclosure and the CM@Risk is not otherwise required to hold such data in
confidence; or
6.4.3.3 Data, which is required to be disclosed by the CM@Risk by virtue of law, regulation, or court.
6.4.4
In the event the CM@Risk is required or requested to disclose data to a third party, or any other
information to which the CM@Risk became privy as a result of any other contract with the City, the CM@Risk
shall first notify the City as set forth in this Article of the request or demand for the data. The CM@Risk shall
timely give the City sufficient facts, such that the City can have a meaningful opportunity to either first give its
consent or take such action that the City may deem appropriate to protect such data or other information from
disclosure.
6.4.5
The CM@Risk, unless prohibited by law, within ten calendar days after completion of services for a
third party on real or personal property owned or leased by the City, shall promptly deliver, as set forth in this
section, a copy of all data to the City.
6.5
PROJECT STAFFING
6.5.1
Prior to the start of any work or Deliverable under this Contract, the CM@Risk shall submit to the
City, an organization chart for the CM@Risk staff and Subconsultants and detailed resumes of key personnel
listed in its response to the City’s Request for Qualifications or subsequent fee proposals (or revisions thereto),
that will be involved in performing the services prescribed in the Contract. Unless, otherwise informed, the City
hereby acknowledges its acceptance of such personnel to perform such services under this Contract. In the
event the CM@Risk desires to change such key personnel from performing such services under this Contract,
the CM@Risk shall submit the qualifications of the proposed substituted personnel to the City for prior approval.
Key personnel shall include, but are not limited to, principal-in-charge, project manager, superintendent, project
director or those persons specifically identified to perform services of cost estimating, scheduling, value
engineering, and procurement planning.
6.5.2
The CM@Risk shall maintain an adequate number of competent and qualified persons, as
determined by the City, to ensure acceptable and timely completion of the scope of services described in this
Contract throughout the period of those services. If the City objects, with reasonable cause, to any of the
CM@Risk’s staff, the CM@Risk shall take prompt corrective action acceptable to the City and, if required,
remove such personnel from the Project and replace with new personnel acceptable to the City.
6.6
INDEPENDENT CONTRACTOR
The CM@Risk is and shall be an independent contractor and whatever measure of control the City exercises
over the work or Deliverable pursuant to the Contract shall be as to the results of the work only. No provision in
this Contract shall give or be construed to give the City the right to direct the CM@Risk as to the details of
accomplishing the work or Deliverable. These results shall comply with all applicable laws and ordinances.
6.7
SUBCONSULTANTS
Prior to beginning the work or Deliverable, the CM@Risk shall furnish the City for approval, the names of all
Subconsultants to be used on this Project. Subsequent changes are subject to the approval of the City.
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6.8
TERMINATION
6.8.1
The CITY, at its sole discretion, may terminate this Contract for convenience or abandon any portion
of the Project for which services have not been performed by the CM@Risk, upon fourteen (14) days written
notice delivered to CM@Risk personally or by certified mail. This Contract may be terminated pursuant to ARS
Sec. 38-511.
6.8.2
Immediately after receiving such notice, the CM@Risk shall discontinue advancing the services
under this Contract and proceed to close said operations under this Contract. The CM@Risk shall appraise the
services he/she has completed and submit an appraisal to the CITY for evaluation. The CITY shall have the
right to inspect the CM@Risk 's work to appraise the services completed.
6.8.3
CM@Risk shall deliver to the CITY all drawings, special provisions, field survey notes, reports,
estimates and any and all other documents or work product generated by the CM@Risk under the contract,
entirely or partially completed, together with all unused materials supplied by the CITY.
6.8.4
In the event of such termination or abandonment, the CM@Risk shall be paid for services
performed prior to receipt of said notice of termination including reimbursable expenses then incurred. If the
remuneration scheduled hereunder is based upon a fixed fee or definitely ascertainable sum, the portion of such
sum payable shall be proportionate to the percentage of services completed by the CM@Risk based upon the
scope of work set forth in Exhibit A, and shall be agreed upon mutually by the CM@Risk and the CITY.
However, in no event shall the fee exceed that set forth in Article 4 of this agreement.
6.8.5
The CITY shall make final payment within sixty (60) days after the CM@Risk has delivered the last
of the partially completed items and the final fee has been agreed upon.
6.8.6
In the event this agreement is terminated, the CITY shall have the option of completing the work, or
entering into an agreement with another party for the completion of the work according to the provisions and
agreements herein.
6.9
DISPUTES
A dispute escalation process will be utilized to resolve questions of fact during the course of this Contract in
accordance with Maricopa Association of Governments Uniform Standard Specifications Section 110.3. The
final determination shall be made by the CITY.
6.10
RECORDS/AUDIT
6.10.1
Records of the CM@Risk’s direct personnel payroll, reimbursable expenses pertaining to this
Project and records of accounts between the City and CM@Risk shall be kept on a generally recognized
accounting basis for a period of three (3) years from the Date of Substantial Completion. The City, its authorized
representative, and/or the appropriate agency, reserve the right to audit the CM@Risk’s records in compliance
with local, state or federal policies, statutes or at the Cities’ discretion.
6.10.2
The CM@Risk shall include a provision similar to paragraph 6.10.1 in all of its agreements with
Subconsultants, Subcontractors, and Suppliers, who have reimbursable GMP type contracts, providing services
under this Contract to ensure the City, its authorized representative, and/or the appropriate agency, has access
to the Subconsultants’, Subcontractors’, and Suppliers’ records.
6.11
INDEMNIFICATION
6.11.1
For workers' compensation and employers liability, automobile liability, general liability, D&O,
pollution, aircraft, etc. To the fullest extent permitted by law, the CM@Risk shall defend, indemnify and hold
harmless the CITY its agents, representatives, officers, directors, officials and employees from and against
claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of
appellate proceeding), relating to, arising out of or resulting from the CM@Risk services. The CM@Risk’s duty
to defend, hold harmless, and indemnify the CITY, 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;
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sickness; disease, death, injury to, impairment or destruction of tangible property caused by any acts, errors,
mistakes, or omissions arising out of the performance of this contract by the CM@Risk, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable.
6.11.2
The amount and type of insurance coverage requirements set forth below will in no way be
construed as limiting the scope of the indemnity in this paragraph.
6.12
NOTICES
Unless otherwise provided herein, demands under this Contract shall be in writing and shall be deemed to have
been duly given and received either (a) on the date of service if personally served on the party to whom notice is
to be given, or (b) on the third day after the date of the postmark of deposit by first class United States mail,
registered or certified, postage prepaid and properly addressed as follows:
To City:
City of El Mirage
Attn: City Manager
10000 N. El Mirage Road
El Mirage, Arizona 85335
To CM@Risk:
CORE Construction, Inc.
Attn: Todd Steffen, President
3036 E. Greenway Road
Phoenix, AZ 85032
Copy to:
City of El Mirage
Attn: City Attorney
10000 N. El Mirage Road
El Mirage, Arizona 85335
6.13
COMPLIANCE WITH LAWS
6.13.1
The CM@Risk shall comply with all applicable Federal, State, and local laws and ordinances at the
time the plans are sealed, and shall not discriminate against any person on the basis of race, color, or national
origin in the performance of this Contract, and shall comply with the terms and intent of Title VI of the Civil
Rights Act of 1964, P.L. 88-354.
6.13.2
The CM@Risk further agrees to insert the foregoing provisions in all subcontracts hereunder,
except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall
constitute a material breach of this Contract.
6.14
CONFLICT OF INTEREST
6.14.1
The CM@Risk agrees to disclose any financial or economic interest with the Project property, or any
property affected by the Project, existing prior to the execution of this Contract. Further, the CM@Risk agrees to
disclose any financial or economic interest with the Project property, or any property affected by the Project, if
the CM@Risk gains such interest during the course of this Contract. If the CM@Risk gains financial or
economic interest in the Project during the course of this Contract, this may be grounds for terminating this
Contract. Any decision to terminate the Contract shall be at the sole discretion of the CITY.
6.14.2
The CM@Risk shall not engage the services on this CM@Risk of any present or former CITY
employee who was involved as a decision maker in the selection or approval processes, or who negotiated
and/or approved billings or contract modifications for this CM@Risk.
6.14.3
The CM@Risk agrees that it shall not perform services on this Project for the contractor,
subcontractor, or any supplier.
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
17
6.15
CONTRACTOR'S LICENSE
Prior to award of the Contract, the CM@Risk must provide to the City’s Engineering Department its Contractor's
License Classification and number and its Federal Tax I.D. number.
6.16
SUCCESSORS AND ASSIGNS
This Contract shall not be assignable except at the written consent of the parties hereto and it shall extend to
and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
6.17
FORCE MAJEURE
If either party is delayed or prevented from the performance of any service, in whole or part, required under this
Contract by reason of acts of God or other cause beyond the control and without fault of that party (financial
inability excepted), performance of that act will be excused, but only for the period of the delay. The time for
performance of the act will be extended for a period equivalent to the period of delay.
6.18
COVENANT AGAINST CONTINGENT FEES
The CM@Risk affirms that he has not employed or retained any company or person, other than a bona fide
employee working for the CM@Risk to solicit or secure this Contract, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration, contingent upon or resulting from the award or making of the Contract. For breach
or violation of this clause, the CITY may terminate this Contract without liability, or in its discretion may deduct
from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage brokerage fee, gift, or contingent fee.
6.19
NON-WAIVER PROVISION
The failure of either party to enforce any of the provisions of this Contract or to require performance by the other
party of any of the provisions hereof shall not be construed to be a waiver of such provisions, nor shall it affect
the validity of this Contract or any part thereof, or the right of either party to thereafter enforce each and every
provision.
6.20
JURISDICTION
This Contract shall be deemed to be made under, and shall be construed in accordance with and governed by
the laws of the State of Arizona, without regard to the conflicts or choice of law provisions thereof. An action to
enforce any provision of this Contract or to obtain any remedy with respect hereto shall be brought in the
Superior Court, Maricopa County, Arizona, and for this purpose, each party hereby expressly and irrevocably
consents to the jurisdiction and venue of such Court.
6.21
SURVIVAL
All warranties, representations and indemnifications by the CM@Risk shall survive the completion or termination
of this Contract.
6.22
MODIFICATION
Additional services, which are outside the scope of basic services contained in this agreement, shall not be
performed by the CM@Risk without prior written authorization from the CITY. Additional services, when
authorized by an executed Contract or an Amendment to the Professional Services Contract shall be
compensated for by a fee mutually agreed upon between the CITY and the CM@Risk.
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
18
6.23
SEVERABILITY
If any provision of this Contract or the application thereof to any person or circumstance will be invalid, illegal or
unenforceable to any extent, the remainder of this Contract and the application thereof will not be affected and
will be enforceable to the fullest extent permitted by law.
6.24
INTEGRATION
This Contract contains the full agreement of the parties hereto. Any prior or contemporaneous written or oral
agreement between the parties regarding the subject matter hereof is merged and superseded hereby.
6.25
TIME IS OF THE ESSENCE
Time of each of the terms, covenants, and conditions of this Contract is hereby expressly made of the essence.
6.26
THIRD PARTY BENEFICIARY
This Contract shall not be construed to give any rights or benefits in the Contract to anyone other than the City
and the CM@Risk. All duties and responsibilities undertaken pursuant to this Contract shall be for the sole and
exclusive benefit of the City and the CM@Risk and not for the benefit of any other party.
6.27
COOPERATION AND FURTHER DOCUMENTATION
The CM@Risk agrees to provide the City such other duly executed documents as may be reasonably requested
by the City to implement the intent of this Contract.
6.28
CONFLICT IN LANGUAGE
All work or Deliverables performed shall conform to all applicable City of El Mirage codes, ordinances and
requirements as outlined in this Contract. If there is a conflict in interpretation between provisions in this Contract
and any Exhibits, the provisions in this Contract shall prevail.
6.29
CITY'S RIGHT OF CANCELLATION
All parties hereto acknowledge that this Contract is subject to cancellation by the City of El Mirage pursuant to
the provisions of Section 38-511, Arizona Revised Statutes.
ARTICLE 7 - INSURANCE
7.1
Without limiting any of their obligations or liabilities, the CM@Risk, at their own expense, shall purchase
and maintain the minimum insurance specified below with companies duly licensed or otherwise approved by
the State of Arizona, Department of Insurance, and with forms reasonably satisfactory to the CITY. Each insurer
shall have a current A.M. Best Company, Inc. rating of not less than A-. Use of alternative insurers requires
prior approval from CITY.
7.2
GENERAL CLAUSES
7.2.1
Additional Insured. The insurance coverage, except Workers' Compensation and Professional
Liability, required by this contract, shall name the CITY, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that insurance afforded the CM@Risk shall be
primary insurance, and that any insurance coverage carried by the CITY or its employees shall be excess
coverage, and not contributory coverage to that provided by the CM@Risk.
7.2.2
Coverage Term. All insurance required herein shall be maintained in full force and effect until
Services required to be performed under the terms of the Contract are satisfactorily completed and formally
accepted; failure to do so may constitute a material breach of this Contract, at the sole discretion of the CITY.
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
19
7.2.3
Primary Coverage. The CM@Risk's insurance shall be primary insurance as respects CITY and
any insurance or self insurance maintained by CITY shall be excess of the CM@Risk’s insurance and shall not
contribute to it.
7.2.4
Claim Reporting. Any failure to comply with the claim reporting provisions of the policies or any
breach of a policy warranty shall not affect coverage afforded under the policy to protect CITY.
7,2,5
No “Claims Made” Policies. Insurance policies required by this Contract shall not be written on a
“claims made” basis.
7.2.5
Waiver. The policies, except Workers' Compensation and Professional Liability, shall contain a
waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, directors, officers,
and employees for any claims arising out of the work of the CM@Risk.
7.2.6
Certified Copies of Policies and Endorsement. The City 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. The City shall not be obligated, however, to review same or to advice CM@Risk of any
deficiencies in such policies and endorsements, and such receipt shall not relieve CM@Risk from, or be
deemed a waiver of the City’s right to insist on, strict fulfillment of CM@Risk’s obligations under this Contract.
7.3
DEDUCTIBLE/RETENTION
The policies may provide coverage, which contain deductibles or self-insureds retentions. Such deductible
and/or self-insureds retentions shall not be applicable with respect to the coverage provided to CITY under such
policies. The CM@Risk shall be solely responsible for deductible and/or self-insured retentions and the City, at
its option, may require the CM@Risk to secure the payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
7.4
CERTIFICATES OF INSURANCE
Prior to commencing services under this Contract, CM@Risk shall furnish CITY with Certificates of Insurance, or
formal endorsements as required by the Contract, issued by CM@Risk's insurer(s), as evidence that policies
providing the required coverages, conditions, and limits required by this Contract are in full force and effect. 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 the CM@Risk’s work or services and as
evidenced by annual Certificates of Insurance. Insurance required herein shall not expire, be canceled, or
materially changed without fifteen (15) days prior written notice to the City. All Certificates of Insurance required
by this Contract shall be identified with a bid serial number and title. A $25.00 administrative fee shall be
assessed for all Certificates received without the appropriate bid serial number and title. Such certificates shall
be sent directly to:
City of El Mirage
10000 N. El Mirage Road
El Mirage, Arizona 85335
7.5
WORKERS' COMPENSATION
7.5.1
The CM@Risk shall carry Workers' Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of CM@Risk employees engaged in the performance of the
Services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit.
7.5.2
In case services are subcontracted, the CM@Risk shall require the Subconsultant to provide
Workers' Compensation and Employer's Liability to at least the same extent as provided by CM@Risk.
7.6
AUTOMOBILE LIABILITY
Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
20
damages of not less than $1,000,000, each occurrence regarding any owned, hired, and non-owned vehicles
assigned to or used in performance of the CM@Risk services. Coverage shall be at least as broad as coverage
Code 1 "any auto" (Insurance Service Office policy form CA 00111293 or any replacements thereof). Such
insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials, or
wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
7.7
COMMERCIAL GENERAL LIABILITY
7.7.1
CM@Risk shall maintain Commercial General Liability insurance with a limit of not less than
$1,000,000 for each occurrence with a $2,000,000 Products and Completed Operations Aggregate and
$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property
damage, personal injury, products/completed operations and blanket contractual coverage including, but not
limited to, the liability assumed under the indemnification provisions of this Contract, which coverage will be at
least as broad as Insurance Service Office, Inc. Policy Form CG000211093 or any replacement thereof. The
coverage shall not exclude X, C, U.
7.7.2
Such policy shall contain a severability of interest provision, and shall not contain a sunset provision
or commutation clause, nor any provision which would serve to limit third party action over claims.
7.7.3
The Commercial General Liability additional insured endorsement shall be at least as broad as the
Insurance Service Office, Inc.’s, Additional Insured, Form B, CG20200413 and CG 20370413, and shall include
coverage for CM@Risk’s operations and products and completed operations.
7.8
PROFESSIONAL LIABILITY
The CM@Risk retained by the CITY, to provide the engineering services required by the Contract shall maintain
Professional Liability insurance covering errors and omissions arising out of the services performed by the
CM@Risk or any person employed by him, with an unimpaired limit of not less than $500,000 each claim and
$1,000,000 all claims.
7.9
UMBRELLA/EXCESS LIABILITY
Umbrella/Excess Liability insurance with an unimpaired limit of not less than $1,000,000 per occurrence
combined limit Bodily Injury and Property Damage, that "follows form" and applies in excess of the Commercial
General Liability, Automobile Liability, and Employer's Liability, as required above.
7.10
VALUABLE PAPERS
Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, or other
similar data relating to the services of the CM@Risk used in the completion of this contract.
7.11
OWNER AND CM@RISK PROTECTIVE LIABILITY
Any CM@Risk subletting any part of the work, services or operations awarded to the CM@Risk shall purchase
and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s
and CM@Risk’s Protective Liability insurance policy for bodily injury and property damage, including death,
which may arise in the prosection of the Work or CM@Risk’s operations under this Contract. Coverage shall be
on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by
the same insurance company that issues the CM@Risk’s Commercial General Liability insurance. (Not
applicable to the design phase.)
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
21
This Contract is made and entered into by the Parties on the date first written above.
CITY:
CONSTRUCTION MANAGER AT RISK:
____________________________________
______________________________________
By: J. Crystal Dyches
By: Todd Steffen
Title: City Manager
Title: President
ATTEST:
____________________________________
Sharon Antes, City Clerk
Approved as to form:
_____________________________________
Justin Pierce, City Attorney
City of El Mirage – El Mirage Library Remodel / Relocation
22
Project No. EM20-F01
EXHIBIT A
January 15, 2021
City of El Mirage
10000 N. El Mirage Road
El Mirage, AZ 85335
Attn: Tessa Wessel
Re:
Preconstruction Services Fee Proposal for
City of El Mirage Library Remodel / Relocation – CMAR Design Phase Services
Dear Tessa,
We appreciate the opportunity to provide this proposal for preconstruction services on the City of
El Mirage Library Remodel / Relocation Project. We are honored by the trust you have placed in our
team, and we are fully committed to providing Preconstruction Services in real time so El Mirage can
make informed decisions that will serve the end-users of this station for decades to come.
Project Defining Elements
1) Project Description and Scope as defined in the Request for Statement of Qualifications for
Construction Manager at Risk Services dated November 16, 2020.
2) Proposed Design to be complete by the August 31, 2021.
3) 60% Design Development set is currently being prepared.
CORE understands that the defining elements for this project are subject to change. We also
understand and anticipate that there will be separate project meetings and potentially multiple cost
option deliverables as required to achieve best value and maintain a schedule that best meets the
needs of the City and End Users. The following PreConstruction Services Fee is based general scope
of services for the PreConstruction phase.
Basic Scope of Services Narrative
CORE’s scope of services begins with a clear Mission to provide Leadership and Professional Service
towards Best Value. While not responsible for design, our preconstruction team will be an actively
providing early accurate estimates, options, comprehensive scheduling and leveraging our long-
standing subcontractor relationships towards developing a Best Value Guaranteed Maximum Price
Proposal. Below, we have compiled a more specific list of services that will facilitate this mission.
1. Design Development Phase
At this point the project elements, size, and systems have been determined. The goal at design
development will be for the team to begin to focus in on determining finishes and details as well as
site layout and function. The project specifications will begin to be developed.
a. CORE’s Role during the design development phase
To provide detailed estimate information on the project based upon subcontractor
feedback and quantity take-off. CORE will also provide options analysis on finishes
for both the building and site.
b. Basic Scope of Services required to fulfill this role
i. Detailed Quantity Take-off & Estimate
CORE will make changes to the cost model to reflect the design development
documents.
ii. Work Breakdown Structure (WBS)
The WBS is essentially the summary of the detailed estimate. It will be
summarized the same way at each phase so the team will clearly see the cost
variance between line items. It will be organized based upon the “ten
groups”. These ten different groups are: Demolition/Offsite Infrastructure,
Site Rough Group, Site Finish Group, Structural Group, Enclosure Group,
Interior Finishes Group, Specialties Group, Equipment Group, MEP Systems
Group, and Special Systems Group.
iii. Basis of Estimate
This document will evolve with the documents and estimate to clarify further
and info design as it moves forward.
iv. Options Studies
Provide appropriate options analysis on the building & any potential site
finishes.
v. Update the list of Unique Features of Work (UFW)
Unique features of work include anything that makes this project unique or is
identified as a potential risk. These items may include specific site logistic
issues, site coordination challenges, or even specific unique materials that the
design team is considering. The identification of these unique features will
assist in keeping the team focused on the most important aspects of the
project in order to achieve Best Value.
vi. Constructability Review
The purpose of the Constructability Review is to develop design issues related
to construction. This deliverable will be the result of the team study of the
unique features of work. This study will analyze each UFW for:
1. How does it impact the milestone schedule?
2. Should the team involve a subcontractor for additional feedback?
3. What safety considerations should be made?
4. Are there any site logistics issues?
5. How should it be detailed on the documents?
6. What are the QA/QC considerations?
7. Are there options to consider?
vii. Updated Preconstruction and Construction Schedule
viii. Prequalified Subcontractor List
CORE will provide a specific list of subcontractors to actually bid the design
development documents.
ix. Initial Site Lay-Down and Logistics Plan
This will be the first draft submitted to the team for review. It will indicate site
access, site control, material lay-down, and trailer location.
2. Construction Documents Phase
During this phase the team will work to finalize all details, finish schedules, site details and project
specifications in preparation for submission to local jurisdictions for permitting.
a. CORE’s Role during the construction document phase
To review the documents as they evolve for constructability and coordination.
Provide cost feedback on details such as City review comments and minor building
code requirements. During this phase CORE will provide the Guaranteed Maximum
Price.
b. Basic Scope of Services required to fulfill this role
i. Work Breakdown Structure (WBS) for GMP
This estimate summary will look just as it did at all other phases. It will be
supported by competitive bids from prequalified subcontractors.
ii. Basis of Estimate
This will be the clarification to the GMP. It will define any and all
contingencies, allowances, proprietary specifications and/or venders, and
anything else that serves to clarify the basis of our estimate.
iii. Big Picture Outcome Desires Update
CORE will provide an audit of the stated BPOs to ensure they have been
achieved.
iv. Updated Unique Features of Work
This list will continue to evolve even after GMP.
v. Constructability Review
This will be an updated look at the analysis done in previous phases as well
as a look at the newest UFW.
vi. Updated Detailed Construction Schedule
This will include all predecessors and successors and all required relationships.
vii. Finalized List of Prequalified Subcontractors to Bid
CORE will look for input from the entire team on the final list of invited
subcontractors. This will include at a minimum of three bidders per trade;
major trades of construction will be sought with a minimum of 5 bidders per
trade.
viii. Final Site Logistics Plan
As all other details are finalized CORE will have the information necessary to
submit the site logistics and lay-down plan for approval.
ix. Site Specific Safety Plan
CORE will submit for approval a safety plan that will reflect actual site
conditions for the Dispatch Site.
x. Pre-preparatory QA/QC Plan
This will summarize the findings of the UFW analysis done in previous phases.
3. General Comments
a. Building Information Modeling During Preconstruction
i. CORE will use the REVIT model provided by the designer to look for clashes,
provide clarification to subcontractors for bidding, and to partner with this project
team.
b. Meeting Attendance
i. CORE will be present at all schematic, design development and construction
documents meetings. CORE will attend programming meetings as necessary.
c. LEED
i. CORE will adhere the LEED Silver standards for estimating purposes, however the
project will not be registered with the USGBC for LEED Certification, nor will CORE
consider costs for a LEED Champion.
d. Asbestos Survey
i. CORE has included an Allowance of $2,450.
e. Fire Sprinkler System Design
i. CORE has included an Allowance of $2,500.
f.
Site / Utility Investigation
i. CORE has included an Allowance of $3,500.
g. Material Testing & Special Inspections
i. CORE has not included this Allowance. It will be carried in the GMP.
4. Preconstruction Fee
We propose to provide these services for the Hourly Cost and Not to Exceed $20,550.00, not
including allowances.
Please do not hesitate to contact me with any further questions or concerns. We are grateful for the
opportunity to serve you and we are looking forward to working with the City of El Mirage and your
Team on the Library Remodel.
Sincerely,
BJ Pennington
Director of PreConstruction
CORE Construction, Inc.
DESCRIPTION
UNITS
DD
CD
TOTAL
DIRECTOR OF PRECON
HRS
6
4
$1,350
PRECON MANAGER
HRS
45
40
$9,520
ASST. PRECON MANAGER
HRS
36
30
$6,006
PRECON COORDINATOR
HRS
16
12
$2,124
PROJECT MANAGER
HRS
4
4
$896
SUPERINTENDENT
HRS
4
2
$654
$20,550
Phase of Preconstruction
% of
Preconstruction
Total
Design Development
60%
12,330
$
Construction Documents
40%
8,220
$
100%
20,550
$
Asbestos Survey Allowance
2,450
$
Fire Sprinkler System Design Allowance
2,500
$
Site Investigation Allowance
3,500
$
29,000
$
City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
EXHIBIT B - SUBMITTAL REQUIREMENTS FOR GMP SUBMITTALS
1.
Unless otherwise instructed, the CM@Risk shall submit three (3) bound copies of any GMP Proposal(s)
that includes the following documents, complies with the requirements specified in this Contract and the
following instructions. The GMP Proposal(s) shall be organized as follows:
A.
Table of Contents
B.
Project Description
C.
GMP Proposal and the following attachments
1. Detailed Estimate upon which the GMP is based
2. List of Subcontractors
3. Schedule of Manufacturers and Suppliers
D.
Schedule of Values (SOV)
E.
GMP Proposal clarifications and/or assumptions
F.
Project Schedule
G.
GMP Plans and Specifications
2. A summary breakdown of the GMP Proposal is shown below along with instructions regarding certain
line items. The definitions included in Article 1 of the General Conditions apply to the line items, as
appropriate, and set-forth the criteria to be used by the CM@Risk in providing the requested breakdown.
PROJECT #:
DATE:
PROJECT NAME:
GMP Summary
AMOUNT
A.
Cost of the Work (Labor, Materials, Equipment, Warranty)
$
INDIRECT COSTS
RATE
B.
CM@Risk’s Contingency
% $
C.
Construction Fee
% $
D.
General Conditions
% $
D1 Payment and Performance Bond
$
%
D2 Insurance
$
%
E.
Sales Taxes
% $
F. SUBTOTAL
$
OTHER COSTS
G.
Owner Contingency (Optional)
$
H.
Cash Allowance (Optional)
$
J. TOTAL GMP
$
3. Schedule of Values (SOV) - The most current version of the CM@Risk’s Schedule of Values shall be
submitted with the GMP Proposal. Supporting documents for the SOV, including the request for bids,
copies of bids received, and clarification assumptions used for the particular bid item listed, must be
provided in an organized manner that correlates with the SOV.
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City of El Mirage – El Mirage Library Remodel / Relocation
Project No. EM20-F01
4. A list of any GMP Proposal clarifications/assumptions made by the CM@Risk in the preparation of the
GMP Proposal shall be submitted to supplement the information contained in the GMP Proposal.
However, as indicated by this Contract, the GMP Proposal shall account for the CM@Risk’s estimated
costs for any clarifications/assumptions.
5. The most current version of the CM@Risk’s Project Schedule shall be submitted with the GMP Proposal.
The Project Schedule shall be prepared as specified in paragraph 2.3 of this Contract.
8. A table listing all drawing sheets included in the GMP Plans and Specifications shall be included with the
GMP package. The table shall include the following information: Sheet Number, Sheet Name, Sheet
Version, and Date of issuance. GMP and Specifications, as defined, shall be transmitted as specified in
paragraph 2.6 of this contract.
NOTE: The submittal package must be kept as simple as possible all on 8 ½ x 11 sheets. Color or shading
must be kept to a minimum. If used, make sure the color or shading will not affect the reproduction of the
submittal in black and white.
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