CMAR Construction Services Contract - Executed
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CITY OF EL MIRAGE
EL MIRAGE LIBRARY REMODEL / RELOCATION
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION SERVICES
PROJECT NO. EM20-F01
Project Name: City of El Mirage – City Hall
Project No. EM15-F01
TABLE OF CONTENTS
PAGE
RECITALS ....................................................................................................................................... 1
ARTICLE 1 – DEFINITIONS ....................................................................................................... 1
ARTICLE 2 – CM@RISK’S SERVICES AND RESPONSIBILITIES ........................................... 4
ARTICLE 3 – CITY’S SERVICES AND RESPONSIBILITIES .................................................. 13
ARTICLE 4 – CONTRACT TIME .............................................................................................. 14
ARTICLE 5 – CONTRACT PRICE ............................................................................................ 17
ARTICLE 6 – CHANGES TO THE CONTRACT PRICE AND TIME ........................................ 18
ARTICLE 7 – PROCEDURE FOR PAYMENT .......................................................................... 19
ARTICLE 8 – CLAIMS AND DISPUTES ................................................................................... 20
ARTICLE 9 – SUSPENSION AND TERMINATION .................................................................. 21
ARTICLE 10 – INSURANCE AND BONDS ................................................................................ 21
ARTICLE 11 – INDEMNIFICATION ............................................................................................ 25
ARTICLE 12 – GENERAL PROVISIONS ................................................................................... 26
EXHIBIT A
– SIGNATURE PAGE ............................................................................................ 43
EXHIBIT B
– SETTLEMENT OF CLAIMS ................................................................................ 44
EXHIBIT C
– APPROVED GMP PROPOSAL .......................................................................... 45
EXHIBIT D
– GMP SPECIFICATIONS ..................................................................................... 46
EXHIBIT E
– GMP CLARIFICATIONS, INCLUSIONS & EXCLUSIONS ................................. 47
EXHIBIT G
– GMP LIST OF CONSTRUCTION DOCUMENTS .............................................. 48
1
____________________________________________
Construction Manager at Risk
Construction Services
Project No. EM20-F01
THIS CONTRACT is made and entered into on the 8th day of July, 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 construction services
for the project known and described as the El Mirage Library
Remodel / Relocation, Project No. EM20-F01, herein 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
construction management services and to construct the Project
and based on this representation the City engages the CM@Risk
to provide these services and construct the Project.
D.
A previous contract has been executed between City and
CM@Risk to perform design 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 - Definitions
“Agreement” or “Contract” This written document signed by the City and CM@Risk
covering the construction phase of the Project, and including other documents itemized
and referenced in or attached to and made part of this Contract.
“Change Order” A written order issued by the City to the CM@Risk to make changes in
the Work or to perform extra Work, and setting forth conditions for payment and/or
adjustment in time of completion.
“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 Contact.
“CM@Risk” The firm selected by the City to provide construction services as detailed in
this Agreement.
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“Contingency, CM@Risk” (Contractor’s) A fund to cover cost growth during the project
used at the discretion of the CMAR usually for costs that result from project circumstances.
The amount of the CM@Risk’s Contingency shall be negotiated as a separate line item in
the GMP package. Use of the CM@Risk’s Contingency is described in Section 5.2.2.3.
“Contract Documents” The following items and documents executed by the City and the
CM@Risk: (i) all written Change Orders; (ii) this Agreement, including all exhibits and
attachments and (iii) GMP Plans and Specifications.
“Contract Price” The amount or amounts set forth in Article 5 and as modified by Change
Order.
“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 Costs.
“Contract Time” The Days as set forth in Article 4 for the period of time, including authorized
adjustments, allotted in the Contract Documents for Final Acceptance of the Work.
“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 required to
construct the Work, permit and license fees, materials testing, and related items. The Cost
of the Work shall not include the CM@Risk’s Construction Fee, General Conditions Costs,
CM@Risk’s Contingency and taxes.
“Critical Path” The sequence of activities which control the overall duration of the project
from the start of the Work to the Final Acceptance of the Project. Any delay in the
completion of these activities will extend the Contract Time
“Day(s)” Calendar day(s) unless otherwise specifically noted in the Contract Documents.
“Design Phase Services Contract” An agreement between the City and CM@Risk for
Services provided by the CM@Risk during the design phase.
“Design Professional” A qualified, licensed design professional who furnishes design and/or
construction administration services for the Project.
“Differing Site Conditions” Concealed or latent physical conditions or subsurface conditions
at the Site that, (i) materially differ from the conditions indicated in the Contract Documents
or (ii) are of an unusual nature, differing materially from the conditions ordinarily
encountered and generally recognized as inherent in the Work at the general area of the
project site.
“Final Acceptance” The completion of the Work including punch list, as prescribed in
Section 4.1.
”Float” The number of Days by which an activity can be delayed without lengthening the
Critical Path and extend the Contract Time.
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“General Conditions Costs” Includes but is not limited to the following types of costs for the
CM@Risk during the construction phase: (i) payroll costs for project manager or CM@Risk
for Work conducted at the site, (ii) payroll costs for the superintendent. (iii) payroll costs for
other administrative and management personnel for Work conducted at the site, (iv) costs
of offices and temporary facilities including office materials, office supplies, office equipment
and minor expenses, (v) cost of utilities, fuel, sanitary facilities and telephone services at the
site, (vi) costs of liability insurance premiums not included in labor burdens for direct labor
costs, (vii) costs of bond premiums, or Contractor’s default insurance.
“Guaranteed Maximum Price” or “GMP” The sum of the maximum Cost of the Work; the
CM@Risk’s Construction Fee; General Conditions Costs, taxes, bonds, insurance costs
and CM@Risk’s Contingency.
“GMP Plans and Specifications” The set of plans and specifications provided in the Design
Phase Services upon which the Guaranteed Maximum Price Proposal is based.
“Legal Requirements” All applicable federal, state and local laws, codes, ordinances, rules,
regulations, orders and decrees of any government or quasi-government entity having
jurisdiction over the Project or Site, the practices involved in the Project or Site and relating
to the performance of the Work.
“Notice to Proceed” or “NTP” A directive issued by the City, authorizing the CM@Risk to
start the Work, which shall not be issued before the CM@R has received the executed
Contract and all permits necessary to begin construction.
“Payment Request” The City form used by the CM@Risk to request progress payments for
Work in accordance with Article 7.
“Product Data” Illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the CM@Risk to illustrate materials
or equipment for some portion of the Work.
“Project Record Documents” The documents created pursuant to Section 2.10.
“Samples” Physical examples, which illustrate materials, equipment or Workmanship and
establish standards by which the Work will be evaluated.
“Shop Drawings” Drawings or reproductions of drawings, detailing; fabrication and erection
of structural elements, false Work and forming for structures, fabrication of reinforcement
steel, installed equipment and installation of systems, or any other supplementary plans or
similar data, which the CM@Risk is required to submit for approval.
“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. Except as modified by the project plans, specifications and Change
Orders, 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.
“Subcontractor” Those having direct contracts with the CM@Risk and those who furnish
material worked into a special design according to the plans and specifications for the
Work, but not those who merely furnish material not so worked.
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“Supplier” A manufacturer, fabricator, supplier, distributor, material man or vendor having a
direct contract with CM@Risk or any Subcontractor to furnish materials or equipment to be
incorporated in the construction phase Work by CM@Risk or any Subcontractor.
“Work” or “Project” 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 - CM@Risk’s Services and Responsibilities
2.1
Standard Specifications and Details
2.1.1
The City is now operating under the latest revision of the Uniform Standard
Specifications and Details for Public Works Construction, published by the Maricopa
Association of Governments, the City of El Mirage Infrastructure Guide, the City of El Mirage
Details, and the City of Peoria Standard Details where such details are not adopted or
included in MAG, and all are herewith incorporated by reference and made a part hereof.
2.1.2
Copies of the Uniform Standard Specifications and Uniform Standard Details,
published by the Maricopa Associations of Governments, are available at the Maricopa
Association of Governments office, 302 N. 1st Avenue, Suite 300, Phoenix, Arizona; they
may be downloaded at their web site: http://www.mag.maricopa.gov/ under “Publications”.
2.2
General Services
CM@Risk’s Representative shall be available to the City and shall have the necessary
expertise and experience required to supervise the Work. CM@Risk’s Representative shall
communicate regularly with City but not less than once a week and shall be vested with the
authority to act on behalf of the CM@Risk. CM@Risk’s Representative may be replaced
only with the written consent of the City.
2.3
Government Approvals and Permits
2.3.1
Unless otherwise provided, the CM@Risk shall obtain all necessary permits for
the Work, and pay all applicable fees. The CM@Risk is specifically notified of the need to
obtain the necessary environmental permits or file the necessary environmental and
regulatory permit notices.
2.3.2
Copies of these permits and notices must be provided to the City prior to
starting the permitted activity
2.3.3
City shall pay and be responsible for Zoning, Engineering and Building Safety
permit(s). City shall also pay for utility design fees for permanent services.
2.4
Pre-construction Conference
2.4.1
Prior to the commencement of any Work, the City will schedule a Pre-
construction conference.
2.4.2
The purpose of this conference is to establish a Working relationship between
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the CM@Risk, utility firms, and various City agencies. The agenda will include critical
elements of the Work schedule, submittal schedule, cost breakdown of major lump sum
items, Payment Requests and processing, coordination with the involved utility firms, and
emergency telephone numbers for all representatives involved in the course of construction.
2.4.3
The Notice to Proceed date will be concurred to by the parties or set by the City.
At or after the meeting and upon receipt of an executed Contract and the receipt of the
required City permit(s)..
2.4.4
The CM@Risk shall provide a schedule of values based on the categories used
in the buyout of the Work. The schedule of values shall not be greater than the approved
GMP and shall identify the CM@Risk’s Contingency. The schedule of values will subdivide
the Work into all items comprising the Work.
2.4.5
Minimum attendance by the CM@Risk shall be the CM@Risk’s Representative,
who is authorized to execute and sign documents on behalf of the firm, the job
superintendent, and the CM@Risk's safety officer.
2.5
Control of the Work
2.5.1
Unless otherwise provided in the Contract Documents to be the responsibility of
the City or a separate contractor, CM@Risk shall provide through itself or Subcontractors
the necessary supervision, labor, inspection, testing, start-up, material, equipment,
machinery, temporary utilities and other temporary facilities to permit CM@Risk to complete
the Work consistent with the Contract Documents.
2.5.2
CM@Risk shall perform all construction activities efficiently and with the
requisite expertise, skill and competence to satisfy the requirements of the Contract
Documents. CM@Risk shall at all times exercise complete and exclusive control over the
means, methods, sequences and techniques of construction.
2.5.3
CM@Risk or the CM@Risk’s Superintendent shall be present at the Site at all
times that Work under this contract is taking place.
2.5.3.1
All elements of the Work shall be under the direct supervision of a foreman or
his designated representative on the Site who shall have the authority to take actions
required to properly carry out that particular element of the Work.
2.5.3.2
In the event of noncompliance of this section, the City may require the
CM@Risk to stop or suspend the Work in whole or in part.
2.5.4
Where the Contract Documents require that a particular product be installed
and/or applied by an applicator approved by the manufacturer, it is the CM@Risk’s
responsibility to ensure the Subcontractor employed for such Work is approved by the
manufacturer.
2.5.5
Before ordering materials or doing Work, the CM@Risk and each Subcontractor
shall verify measurements at the Site and shall be responsible for the correctness of such
measurements. No extra charge or compensation will be allowed because of differences
between actual dimensions and the dimensions indicated on the drawings.
2.5.6
The CM@Risk shall take field measurements and verify field conditions and
shall carefully compare such field measurements and conditions and other information
known to the CM@Risk with the Contract Documents. Errors, inconsistencies or omissions
discovered shall be reported to the City at once.
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2.5.7
The CM@Risk shall establish and maintain all construction grades, lines, levels,
and bench marks, and shall be responsible for accuracy and protection of same. This Work
shall be preformed or supervised by a licensed civil engineer or surveyor in the State of
Arizona, in accordance with section 2.7
2.5.8
CM@Risk shall be responsible for the proper performance of the Work of
Subcontractors and any acts and omissions in connection with such performance. Nothing
in the Contract Documents is intended or deemed to create any legal or contractual
relationship between City and any Subcontractor or Sub-Subcontractor, including but not
limited to any third-party beneficiary rights.
2.5.9
CM@Risk shall coordinate the activities of all Subcontractors. If the City
performs other Work on the Project or at the Site with separate contractors under City’s
control, CM@Risk agrees to cooperate and coordinate its activities with those of such
separate contractors so that the Project can be completed in an orderly and coordinated
manner without unreasonable disruption.
2.5.10
The respective sections of the specifications contain detailed requirements for
materials testing and inspections to be performed by an approved testing laboratory. All
costs incurred for testing laboratory services will be paid by the CM@Risk at no cost to the
City.
2.6
Control of the Work Site
2.6.1
Throughout all phases of construction, including suspension of Work, CM@Risk
shall keep the Site reasonably free from debris, trash and construction wastes to permit
CM@Risk to perform its construction services efficiently, safely and without interfering with
the use of adjacent land areas. Prior to Final Acceptance of the Work, or a portion of the
Work, CM@Risk shall remove all debris, trash, construction wastes, materials, equipment,
machinery and tools arising from the Work or applicable portions thereof to permit City to
occupy the Project or a portion of the Project for its intended use.
2.6.2
CM@Risk shall take whatever steps, procedures or means necessary to
prevent dust nuisance due to construction operations. The dust control measures shall be
maintained at all times to the satisfaction of the City and in accordance with the
requirements of the Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
2.6.3
CM@Risk shall maintain ADA and ANSI accessibility requirements during
construction activities. ADA and ANSI accessibility requirements shall include, but not be
limited to, parking, building access, areas of refuge, and emergency exit paths of travel.
CM@Risk shall be responsible for the coordination of all Work to minimize disruption to
residents and the public.
2.6.4
Only materials and equipment used directly in the Work shall be brought to and
stored on the Site by the CM@Risk. When equipment is no longer required for the Work, it
shall be removed promptly from the Site. Protection of construction materials and
equipment stored at the Site from weather, theft, damage and all other adversity is solely
the responsibility of the CM@Risk.
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2.7
Construction Survey
2.7.1
General: The CM@Risk shall furnish the services of a surveyor professionally
licensed or Registered (RLS) to perform land surveying in the State of Arizona. At the pre-
construction conference, the CM@Risk shall provide to the City in writing the name and
license number of the person who will perform the survey Work. The City or their
designated representative will initially provide the alignment control points and the control
elevation benchmark(s). All other Master Control surveying in connection with this contract
shall be the responsibility of the CM@Risk to provided surveying services. At a minimum
these services shall include preconstruction surveys, construction surveys and a post-
construction survey and their accuracy shall be third order or better. Payment for these
services shall be included in the GMP.
2.7.2
Preconstruction Surveys: Preconstruction surveys include, but are not limited
to:
2.7.2.1
Valve and Manhole Ties: Prior to the start of construction, the CM@Risk will
reference survey monuments to a permanent feature. A copy of all reference ties shall be
provided to the City Inspector and to the CM@Risk. The City will provide to the CM@Risk
as-built records showing these locations and ties to existing valves.
2.7.2.2
Topographic Survey: The CM@Risk shall perform topographic surveys
necessary to ascertain unforeseen conditions as requested by the City.
2.7.2.3
Elevations: When it is a requirement of the contract for the CM@Risk to pothole
existing utilities to verify their location and elevation, the CM@Risk shall ascertain stationing
and elevations of the existing utilities and compute slopes and distances to insure potential
conflicts are identified. The CM@Risk shall provide this data to the City sufficiently in
advance of construction so that remedial action can be taken.
2.7.3
Construction Surveys: During construction the CM@Risk shall provide survey
services including, but not limited to:
2.7.3.1
Staking: The CM@Risk shall provide all construction staking, including right-of-
way and easements, slope staking, line and grade, and other staking, from which
measurement of items of Work can be taken conveniently by the construction force and
which will insure the project is constructed according to the plans.
2.7.3.2
Quantity Surveys: Quantity surveys, for identified unit price items, shall be
conducted, and the data derived from these surveys shall be used in computing the
quantities of Work performed and the actual construction completed and in place.
2.7.3.3
The CM@Risk shall conduct the original and final surveys and surveys for any
periods for which progress payments are requested and shall make the computations based
on these surveys. All these surveys shall be conducted under the direction of a
representative of the City, unless the City waives this requirement in a specific instance.
The CM@Risk shall make the computations based on the surveys for any periods for which
progress payments are requested.
2.7.3.4
Promptly upon completing a survey, the CM@Risk shall furnish the originals of
all field notes and all other records relating to the survey or to the layout of the Work to the
City, who shall use them as necessary to determine the amount of progress payments. The
CM@Risk shall retain copies of all such material furnished to the City.
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2.7.4
Post-Construction Surveys: Upon completion of construction and prior to
submittal of record drawings, the CM@Risk shall conduct the necessary surveys to verify
final alignment and grade, location and elevation of underground utility stub outs, and
permanent ties for all valves, fire hydrants, flushing lines, corporation stops, and other
features as directed by the City. Promptly upon completing the survey the CM@Risk shall
furnish the original of all field notes and records relating to the post-construction surveys to
City. A copy of the field notes and records shall be retained by the CM@Risk for use in
preparation of the record drawings.
2.7.5
Datum: Unless otherwise specified, all surveys shall be conducted using the
NAVD 88 datum.
2.7.6
Quality Assurance: From time to time, the City or the City’s Representative may
cause a quality assurance survey to be performed. Such survey may include, but not be
limited to:
•
Review of records, methods, procedures and techniques.
•
Verification of computations.
•
Resurveying using in-place hubs, stakes or monuments.
2.7.7
Defective Work: The City will notify the CM@Risk of any non-compliance with
the foregoing provisions of this section and the actions to be taken. The CM@Risk shall,
after receipt of such notice, immediately take corrective action. If the CM@Risk fails or
refuses to comply promptly, the City may issue an order stopping all or part of the Work until
satisfactory corrective action has been taken. No part of the time lost due to any such stop
orders, nor any Work performed which must be removed and replaced as a result of
defective survey Work, shall be made the subject of a claim for extension of time or for
excess costs or damages by the CM@Risk. If recurring deficiencies indicate the registered
land surveyor is not competent to perform the required surveys, corrective action shall be
taken as directed and progress payments may be withheld until such corrective action has
been completed.
2.7.8
Certification: Upon completion of all survey Work on this contract, the RLS shall
submit a letter to the City, on letterhead stationery, containing the following paragraph:
"I hereby certify that all elevations, dimensions, measurements, tabulations and
computations provided by me on this contract are true, correct and accurate to the best of
my knowledge and belief."
___________________________________
(Typed Name)
Registered Land Surveyor
This letter shall be signed by the RLS and cite the City project name and number and shall
be stamped with the RLS's professional stamp.
2.8
Quality Control, Testing and Inspection
2.8.1
All materials used in the Work shall be new and unused, unless otherwise
noted, and shall meet all quality requirements of the Contract Documents.
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2.8.2
All construction materials to be used on the Work or incorporated into the Work,
equipment, plant, tools, appliances or methods to be used in the Work may be subject to
the inspection and approval or rejection by the City. Any material rejected by the City shall
be removed immediately and replaced in an acceptable manner.
2.8.3
The CM@Risk shall be responsible for all Quality Control and Acceptance
Testing.
2.8.4.
When the first and subsequent tests indicate noncompliance with the Contract
Documents, all retesting shall be performed by the same testing agency.
2.8.5
The CM@Risk will cooperate with the selected testing laboratory and all others
responsible for testing and inspecting the Work and shall provide them access to the Work
at all times.
2.8.6
At the option of the City, materials may be approved at the source of supply
before delivery is started.
2.8.7
Code compliance testing and inspections required by codes or ordinances, or by
a plan approval authority, and which are made by a legally constituted authority, shall be the
responsibility of the CM@Risk to coordinate and to comply, unless otherwise provided in the
Contract Documents.
2.8.8.
Failure of the City or City’s selected testing agency to discover or detect
noncompliance by CM@Risk with the Contract Documents shall not relieve the obligation of
CM@Risk to comply with the Contract Documents and to correct any defective work or work
not in compliance with the Contract Documents, at CM@Risk’s sole cost and expense.
2.9
Trade Names and Substitutions
2.9.1
Contract Document references to equipment, materials or patented processes
by manufacturer, trade name, make or catalog number, unless indicated that no
substitutions are permitted, substitute or alternate items may be permitted, subject to the
following:
2.9.2
The substitution shall be submitted by CM@Risk in writing to the City.
2.9.3
The CM@Risk shall certify that the substitution will perform the functions and
achieve the results called for by the general design, be similar and of equal substance, and
be suited to the same use as that specified.
2.9.4
The submittal shall state any required changes in the Contract Documents to
adapt the design to the proposed substitution.
2.9.5
The submittal shall contain an itemized estimate of all costs and credits that will
result directly and indirectly from the acceptance of such substitution, including cost of
design, license fees, royalties, and testing. Also, the submittal shall include any adjustment
in the Contract Time created by the substitution.
2.9.6
The CM@Risk if requested by the City shall submit Samples or any additional
information that may be necessary to evaluate the acceptability of the substitution.
2.9.7
The City will make the final decision and will notify the CM@Risk in writing as to
whether the substitution has been accepted or rejected.
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2.9.8
If the City does not respond in a timely manner, the CM@Risk shall continue to
perform the Work in accordance with the Contract Documents and the substitution will be
considered rejected.
2.10
Project Record Documents
2.10.1
During the construction period, the CM@Risk shall maintain at the jobsite a set
of blueline or blackline prints of the Construction Document drawings and shop drawings for
Project Record Document purposes.
2.10.1.1
The CM@Risk shall mark these drawings to indicate the actual installation
where the installation varies appreciably from the original Construction Documents. Give
particular attention to information on elements that will be concealed, which would be
difficult to identify or measure and record later. Items required to be marked include but are
not limited to:
•
Dimensional changes to the Drawings
•
Revisions to details shown on Drawings
•
Locations and depths of underground utilities
•
Revisions to routing of piping and conduits
•
Actual equipment locations
•
Changes made by Change Order
•
Details not on original Contract Drawings
2.10.1.2
The CM@Risk shall mark completely and accurately Project Record Drawing
sets of Construction Documents.
2.10.1.3
The CM@Risk shall mark Project Record Drawings sets with red erasable
colored pencil.
2.10.1.4
The CM@Risk shall note request for information (RFI) Numbers and Change
Order numbers, etc., as required to identify the source of the change to the Construction
Documents.
2.10.1.5
The CM@Risk shall submit Project Record Drawing sets and Shop Drawings to
the City or its representative for review and comment.
2.10.2
Upon receipt of the reviewed Project Record Drawings from the City, the
CM@Risk shall correct any deficiencies and/or omissions to the drawings and submit the
final original of the Project Record Drawings to the City prior to Final Acceptance and as a
condition of Final Acceptance.
2.10.3
The City Representative will review the Project Record Drawings monthly prior
to the date established for the Payment Request and shall be the sole judge of acceptance
of these drawings.
2.11
Project Safety
2.11.1
These Construction Documents, and construction covered by this agreement
are to be governed, at all times, by applicable provisions of the federal laws, including but
not limited to, the latest amendments of the following:
a. Williams-Steiger Occupational Safety & Health Act of 1970, Public Law, 91-596.
b. Part 1910 and Part 1926 - Occupational Safety and Health Standards, Chapter
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XVII of Title 29, Code of Federal Regulations.
c. Part 1518 - Safety and Health Regulations for Construction, Chapter XIII
of Title 29, Code of Federal Regulations.
2.11.2
The CM@Risk is responsible for safety of the job site for employees of
CM@Risk as well as for members of the general public and others who may drive or walk
through or be in the job site. CM@Risk recognizes the importance of performing the Work
in a safe manner so as to assist with preventing damage, injury or loss to, all individuals at
the Site, whether working or visiting, shall report to the CM@Risk’s field office and sign in
before entering the Project Site.
2.11.3
CM@Risk recognizes the importance of performing the Work in a safe manner
so as to prevent damage, injury or loss to (i) all individuals at the Site, whether Working or
visiting, (ii) the Work, including materials and equipment incorporated into the Work or
stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto.
2.11.4
CM@Risk assumes responsibility for implementing and monitoring all safety
precautions and programs related to the performance of the Work.
2.11.5
The CM@Risk shall provide a “competent person” as required by O.S.H.A.
regulations. The “competent person” shall be identified at the preconstruction conference
with the City advised in writing of any changes.
2.11.6
The “competent person” shall make routine daily inspections of the Site and
shall hold weekly safety meetings with CM@Risk’s personnel, Subcontractors and others as
applicable.
2.11.7
CM@Risk and Subcontractors shall comply with all legal and regulatory
requirements relating to safety, as well as any City-specific safety requirements set forth in
the Contract Documents, provided that such City-specific requirements do not violate any
applicable legal and regulatory requirement.
2.11.8
CM@Risk will immediately report in writing any safety-related injury, loss,
damage or accident arising from the Work to City’s Representative and, to the extent
mandated by Legal Requirements, to all government or quasi-government authorities
having jurisdiction over safety-related matters involving the Project or the Work.
2.11.9
CM@Risk’s responsibility for safety under this Section is not intended in any
way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal
obligations and responsibility for (i) complying with all Legal Requirements, including those
related to health and safety matters, and (ii) taking all necessary measures to implement
and monitor all safety precautions and programs to guard against injury, losses, damages
or accidents resulting from their performance of the Work.
2.11.10
Nothing in this agreement shall relieve the CM@Risk of his responsibility to
maintain traffic, structures, etc., as noted on the plans, specifications, and Special
Provisions. The CM@Risk is responsible to provide all necessary shoring, bracing and
trench support as is necessary to maintain traffic structures, etc., as stipulated in the plans,
specifications, and Special Provisions. If the stability of adjoining building, walls, roadways,
etc., is endangered by the CM@Risk's excavation, shoring, bracing, or underpinning shall
be provided as necessary to ensure project safety. Cost for shoring, bracing,
underpinnings, and trench support shall be included in the appropriate items listed in the
GMP, and no additional payment shall be made for this Work.
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2.12
Warranty
2.12.1
CM@Risk warrants to City that the construction, including all materials and
equipment furnished as part of the construction, shall be new unless otherwise specified in
the Contract Documents, of good quality, in conformance with the Contract Documents and
free of defects in materials and Workmanship.
2.12.2
The date of Final Acceptance and the beginning of the Warranty period shall be
the date upon which the City indicates final completion and acceptance of the Work,
irrespective of early completion by some subcontractors of their Work. Final Acceptance
will not be issued until all items of Work, including punch list items have been completed.
The CM@Risk shall furnish extended warrantees for facilities placed in service before Final
Acceptance and that expire no earlier than one year beyond Final Acceptance except as
otherwise required in the specifications.
2.12.3
CM@Risk’s warranty obligation shall be in accordance with MAG Specification
108.
2.12.4
Nothing in this warranty is intended to limit any manufacturer’s warranty which
provides City with greater warranty rights than set forth in this section or the Contract
Documents. CM@Risk will provide City with all manufacturers’ warranties prior to Final
Acceptance.
2.12.5
CM@Risk’s warranty obligation excludes defects caused by abuse, alterations,
or failure to maintain the Work by persons other than CM@Risk or anyone for whose acts
CM@Risk may be responsible and/or liable.
2.13
Correction of Defective Work
2.13.1
CM@Risk agrees to correct any Work that is not in conformance with the
Contract Documents, including that part of the Work subject to Section 2.12 above, within a
period of one year from the date of Final Acceptance of the Work, or within such longer
period to the extent required by the Contract Documents. A progress payment, or partial or
entire use or occupancy of the Project by the City, shall not constitute acceptance of Work
not in accordance with the Contract Documents.
2.13.2
CM@Risk shall take immediate steps to commence correction of
nonconforming Work, subject to Section 2.12 above, within fourteen calendar days of
receipt of written notice from City in accordance with MAG Specifications. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused to
other parts of the Work affected by the nonconforming Work. If defects develop which are
determined by the City to be an emergency, the City shall notify the CM@Risk, via the most
expeditious means regarding the nature and condition of the defects. In turn, the CM@Risk
shall immediately dispatch necessary forces to correct the defect or the emergency
condition in accordance with MAG Specifications.
2.13.3
The one year period referenced in Division 2.13.1 above applies only to
CM@Risk’s obligation to correct nonconforming Work and is not intended to constitute a
period of limitations for any other rights or remedies that the City may have regarding
CM@Risk’s other obligations under the Contract Documents.
2.13.4
The failure of City to discover or detect noncompliance by CM@Risk with the
Contract Documents shall not relieve the obligation of CM@Risk to comply with the
Contract Documents and to correct any defective work or work not in compliance with the
Contract Documents, at CM@Risk’s sole cost and expense. The City’s approval of the
Project, or any part thereof, shall not constitute a waiver of the City’s right to require the
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CM@Risk to correct any Work subsequently found or determined not to be in compliance
with the Contract Documents.
2.14
Contractor Labor Requirements
The CM@Risk 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.
2.15
CM@Risk Self Perform
(Applies to Horizontal Projects only) CM@Risk shall perform, with the CM@Risk’s own
organization, construction Work that amounts to not less than forty-five percent of the total
contract price for construction. For the purposes of this paragraph, the total contract price
for construction does not include the cost of preconstruction services, design services or
any other related services or the cost to procure any right-of-way of other cost of
condemnation.
Article 3 - City’s Services and Responsibilities
3.1
City’s Representative and Inspector
3.1.1
City’s Representative is responsible for providing City-supplied information and
approvals in a timely manner to assist CM@Risk to fulfill its obligations under the Contract
Documents.
3.1.2
City’s Representative will also provide CM@Risk with prompt notice if it
observes any failure on the part of CM@Risk to fulfill its contractual obligations, including
any default or defect in the project or non-conformance with the drawings and
specifications.
3.1.3
The City may utilize field inspectors to assist the City’s Representative during
construction in observing performance of the CM@Risk. The inspector is for the purpose of
assisting the City’s Representative and should not be confused with an inspector with a
regulatory agency.
3.1.3.1
The inspector is authorized to inspect all Work and materials furnished. Such
inspection may extend to all or part of the Work and to the preparation, fabrication or
manufacture of the materials to be used.
3.1.3.2
The inspector is not authorized to issue instructions contrary to the Construction
Documents or to act as foremen for the CM@Risk.
3.1.3.3
The inspector shall have the authority to reject Work or materials until any
questions at issue can be decided by the City’s Representative.
3.1.3.4
The furnishing of an inspector by the City shall not make the City responsible for
or give the City control over construction means, methods, techniques, sequences or
procedures or for safety precautions or programs or responsibility for the CM@Risk’s failure
to perform the Work in accordance with Contract Documents.
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3.2
Design Professional Services
The City may contract separately with one or more Design Professionals to provide
construction administration of the project. The Design Professional's contract as well as
other firms hired by the City shall be furnished to the CM@Risk. The CM@Risk shall not
have the right to limit or restrict or reject any contract modifications that are mutually
acceptable to the City and Design Professional.
3.3
City’s Separate Contractors
City is responsible for all Work performed on the Project or at the Site by separate
contractors under City’s control. City shall contractually require its separate contractors to
cooperate with, and coordinate their activities so as not to interfere with, CM@Risk in order
to enable CM@Risk to timely complete the Work consistent with the Contract Documents.
3.4
Permit Review and Inspections
3.4.1
If requested by the CM@Risk, the City’s Representative will provide assistance
and guidance in obtaining necessary reviews, permits and inspections.
3.4.2
The regulating agencies of the City, such as Public Works, Fire, and Planning
Departments, enforce Legal Requirements. The enforcement activities of the City are
independent and separate from this Agreement.
Article 4 - Contract Time
4.1
Contract Time
4.1.1
Contract Time shall start with the Notice to Proceed (NTP) and end with Final
Acceptance. The Notice to Proceed shall not require CM@Risk to commence with
construction Work prior to CM@Risk’s receipt of the required permit(s) or recipe of the
executed Construction Contract.
4.1.2
Contract Time for the Agreement shall be two hundred sixty-two (262)
consecutive calendar days starting with the Notice to Proceed. Contract Time shall be for
the completion of the Work.
4.1.3
CM@Risk agrees that it will commence performance of the Work and achieve
the Contract Time.
4.1.4
All of the times set forth in this Article 4 shall be subject to adjustment in
accordance with Article 6.
4.2
Final Acceptance
Upon receipt of written notice that the Work is ready for final inspection and acceptance, City
and CM@Risk will jointly inspect to verify that the remaining items of Work have been
completed. There shall be no partial acceptance. Final Acceptance shall not be issued until
all items of Work, including punch list items, have been completed to the City’s satisfaction.
4.3
Liquidated Damages
4.3.1
For this project, time is of the essence. Therefore, there will be liquidated
damage assessment made for each calendar day the project is not completed after the
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specified completion date. For each and every calendar day that Work shall remain
incomplete after the time specified for the completion of the Work in the GMP, or as
adjusted by the City, the sum per MAG Section 108.9, per calendar day, shall be deducted
from monies due to the CM@Risk, not as a forfeit or penalty, but as liquidated damages
and added expenses including administrative, inspectors' cost and loss of facility revenue.
This sum is fixed and agreed upon between the parties, because the actual loss to the City
caused by delay in completion will be impractical and extremely difficult to ascertain and
determine.
4.3.2
Final Acceptance means the completion of all items of Work, including punch
list items subject to Section 4.2.
4.3.3
Permitting the CM@Risk to continue and finish the Work or any part of it after
the time fixed for its completion, or after the date to which the time fixed for its completion
may have been extended, does not operate as a waiver by the City of any rights under this
contract.
4.3.4
The CM@Risk acknowledges and agrees to the amount of liquidated damages,
specified in Section 4.3.1.
4.3.5
Nothing herein shall be deemed to constitute a waiver of damages mutually
agreed upon by the Parties as liquidated damages in this Article 4.3, and excluding losses
covered by insurance required by the Contract Documents. City and the CM@Risk agree to
waive all claims against each other for any consequential damages that may arise out of or
relate to this Contract. City agrees to waive consequential damages including but not limited
to the City's for loss of use of the Project, any rental expenses incurred, loss of income,
profit or financing related to the Project, as well as the loss of business, loss of financing,
loss of profits not related to this Project, loss of reputation, or insolvency. The CM@Risk
agrees to waive consequential damages including but not limited to for loss of business,
loss of financing, principal office overhead and expenses, loss of profits not related to this
Project, loss of bonding capacity, loss of reputation, or insolvency. The provisions of this
section shall also apply to the termination of this Contract and shall survive such
termination.
4.4
Project Schedule
4.4.1
The Project Schedule approved as part of a GMP shall be updated and
maintained throughout the Work.
4.4.2
The Project Schedule shall be revised as required by conditions and progress of
the Work, but such revisions shall not relieve CM@Risk of its obligations to complete the
Work within the Contract Time, as adjusted in accordance with the Contract Documents.
4.4.3
An updated Project Schedule shall be submitted monthly to the City as part of
the Payment Request. The monthly submittal shall include one full size plot of the entire
schedule and one computer disk containing the schedule in a format acceptable to the City.
4.4.4
CM@Risk shall provide City with a monthly status report with each Project
Schedule detailing the progress of the Work, including: (i) if the Work is proceeding
according to schedule, (ii) any discrepancies, conflicts, or ambiguities found to exist in the
Contract Documents that require resolution, and (iii) other information detailing items that
require resolution so as not to jeopardize the ability to complete the Work as presented in
the GMP and within the Contract Time.
4.4.5
With each Project Schedule submittal, the CM@Risk shall include a transmittal
letter including the following:
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•
Description of problem tasks, referenced to field instructions or requests for
information (RFI’s), as appropriate
•
Current and anticipated delays including:
•
Cause of the delay
•
Corrective action and schedule adjustments to correct the delay
•
Known or potential impacts and their delay on other activities, milestones,
and their impact date of Final Completion
•
Changes in construction sequence
•
Pending items and status thereof including but not limited to:
•
Time Extension requests
•
Other items
•
Final Completion date status:
•
If ahead of schedule, the number of calendar days ahead
•
If behind schedule, the number of calendar days behind
•
Other Project or scheduling concerns.
4.4.6
City’s review of and response to the Project Schedule serves to ensure for
general conformance with the scheduling requirements of the Contract Documents. The
review shall not relieve the CM@Risk from compliance with the requirements of the
Contract Documents or be construed as relieving the CM@Risk of its complete and
exclusive control over the means, methods, sequences and techniques for executing the
Work.
4.4.7
The Project Schedule shall include a Critical Path Method (CPM) diagram
schedule showing the sequence of activities, the interdependence of each activity and
identifies the Critical Path.
4.4.8
The CPM diagram schedule shall be in Days and indicate duration, earliest and
latest start and finish dates for all activities, and total Float times for all activities except
critical activities. The CPM diagram shall be presented in a time scaled graphical format for
the Project as a whole.
4.4.9
The CPM diagram schedule shall indicate all relationships between activities.
4.4.10
The activities making up the schedule shall contain sufficient detail to assure
that adequate planning has been done for proper execution of the Work and such that it
provides an appropriate basis for monitoring and evaluating the progress of the Work.
4.4.11
The CPM diagram schedule shall be based upon activities, which coincide with
the schedule of values.
4.4.12
The CPM diagram schedule shall show all submittals associated with each
Work activity and the review time for each submittal.
4.4.13
The project schedule shall show milestones, including milestones for Owner-
furnished information, and shall include activities for Owner-furnished material and
construction by other contractors when those activities are interrelated with the CM@Risk
activities.
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4.4.14
The Project Schedule shall consider the City’s and the tenants’ use of portions
of the Project during Contract Time and prior to Final Acceptance.
4.4.15
Float time shall be as prescribed below:
4.4.15.1
The total Float time within the overall schedule, is not for the exclusive use of
either the City or the CM@Risk, but is jointly owned by both and is a resource available to
and shared by both parties as needed to meet contract milestones and the Project
completion date.
4.4.15.2
The CM@Risk shall not sequester shared Float time through such strategies as
extending activity duration estimates to consume available Float, using preferential logic, or
using extensive crew/resource sequencing, etc. Since Float time within the schedule is
jointly owned, no time extensions will be granted nor delay damages paid until a delay
occurs which extends the Work beyond the Contract Time.
4.4.15.3
Since Float time within the schedule is jointly owned, it is acknowledged that
City-caused delays on the Project may be offset by City-caused time savings (i.e., critical
path submittals returned in less time than allowed by the contract, approval of substitution
requests and credit changes which result in savings of time to the CM@Risk, etc.). In such
an event, the CM@Risk shall not be entitled to receive a time extension or delay damages
until all City-caused time savings are exceeded and the Contract Time is also exceeded.
Article 5 - Contract Price
5.1
General
The CM@Risk agrees at his own proper cost and expense, to do all Work as aforesaid for
the construction of said improvements and to completely construct the same and install the
material therein, as called for by this Agreement free and clear of all claims, liens, and
charges whatsoever, in the manner and under the conditions specified within the time, or
times, stated in the approved Guaranteed Maximum Price.
5.2
Contract Price
5.2.1
The Contract Price will be as approved in the Guaranteed Maximum Price
proposal attached as Exhibit “C” an amount of Two Million, One Hundred Fifty Thousand
Dollars ($2,150,000) plus Owner’s Contingency as described in Section 5.2.3 below, the
sum of which will be the full contract price for construction.
5.2.2
Guaranteed Maximum Price is composed of the following not-to-exceed lump
sum amounts defined below. The CM@Risk is at risk to cover any additional Project costs;
excluding Owner’s Contingency.
5.2.2.1
The Cost of the Work is actual costs and is a not-to-exceed reimbursable
amount.
5.2.2.2
The General Conditions costs and the Construction Fee are firm fixed lump
sums.
5.2.2.3
CM@Risk’s Contingency is an amount the CM@R may use under the following
conditions: (1) at its discretion to cover costs that have not been identified as a trade
specific scope on the GMP setting documents and may require further clarification or
coordination. These costs may include scope gap, coordination issues between trades, and
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cost growth during the project, or (2) with written approval of the City for increases in
General Condition Costs. CM@R’s Contingency is assumed to be a direct project cost and,
therefore, shall and shall be assumed to have received all markups at the time of GMP
submission. Construction Contingency does not account for design revisions or additional
scope requests made by the City or Design Professional.
5.2.2.3.1
At the time that CM@Risk’s Contingency is used by the CM@Risk, the
appropriate markups for overhead and profit will be applied.
5.2.2.3.2
When the CM@Risk utilize CM@Risk’s Contingency funds, the CM@Risk shall
make the appropriate changes to the schedule of values with the next regular progress
payment request. The CM@Risk shall deduct the amount of CM@Risk’s Contingency funds
used from the CM@Risk’s Contingency line item and adding the same amount to the line
item on the schedule of values where the funds were used. If the CM@Risk’s Contingency
funds are used for a new line item that was not given with the original schedule of values,
that will be so indicated.
5.2.2.3.3
Any portion of the CM@Risk’s Contingency not utilized after Final Acceptance of
the project shall be retained by the City.
5.2.2.4
Taxes are deemed to include all sales, use, consumer and other taxes which
are legally enacted when negotiations of the GMP were concluded, whether or not yet
effective or merely scheduled to go into effect. Taxes are actual costs and are a firm fixed
lump sum.
5.2.3
Owner’s Contingency funds are to be used at the sole discretion of the City.
Owner’s Contingency will be added to the Contract Price for approval by Council to cover
any increases in Project costs that result from City directed changes or unforeseen site
conditions. Owner’s Contingency will be added to the GMP amount provided by the
CM@Risk, the sum of which will be the full contract price for construction. At the time that
Owner’s Contingency is used, the appropriate markups per section 12 will be applied.
5.2.4
The GMP is subject to adjustments made in accordance with Article 6 and by
Change Orders to this Agreement.
5.2.4.1
GMP Change Orders are cumulative except for contingency.
5.2.4.2
If the GMP requires an adjustment due to changes in the Work, the cost of such
changes is determined subject to Article 6. The markups that shall be allowed on such
changes shall be no greater than the markups delineated in Article 6.6.
Article 6 - Changes to the Contract Price and Time
6.1
Delays to the Work
Delays and damages shall be determined in accordance with MAG Standard Specifications
Section 108.9. In addition if CM@Risk is delayed at any time in the commencement or
progress of the Work by any cause beyond the control of CM@Risk, CM@Risk shall be
entitled to an equitable extension of the Date of Final Completion, and related overhead and
expenses. Examples of causes beyond the control of CM@Risk include, but are not limited
to, the following: (a) acts or omissions of City or Design Professional; (b) changes in the
Work or the sequencing of the Work ordered by City, or arising from decisions of City that
impact the time of performance of the Work; (c) encountering Hazardous Materials, or
concealed or unknown conditions; (d) transportation delays not reasonably foreseeable; (e)
labor disputes not involving CM@Risk; (f) disruptions in labor or materials resulting from a
19
health crisis regardless of whether epidemic, pandemic or isolated to areas from which such
labor and materials are supplied; (g) adverse governmental actions; and (k) adverse
weather conditions not reasonably anticipated.
6.2
Differing Site Conditions
Differing Site Conditions shall be addressed in accordance with MAG Standard
Specification section 104.2.
6.3
Errors, Discrepancies, and Omissions
6.3.1
If the CM@Risk observes errors, discrepancies or omissions in the Contract
Documents, he shall promptly notify the Design Professional and request clarification.
6.3.2
If the CM@Risk proceeds with the Work affected by such observed errors,
discrepancies or omissions, without receiving such clarifications, he does so at his own risk.
Adjustments involving such circumstances made by the CM@Risk prior to clarification by the
Design Professional shall be at the CM@Risk’s risk.
6.4
City Requested Change in Work
6.4.1
The City reserves the right to make, at any time during the progress of the
Work, such alterations as may be found necessary or in the City’s best interest.
6.4.2
Such alterations and changes shall be addressed in accordance with MAG
Standard Specifications section 104.2.
6.5
Change Orders
6.5.1
City and CM@Risk shall negotiate in good faith and as expeditiously as possible
the appropriate adjustments for a Change Order. Upon reaching an agreement, the parties
shall prepare and execute an appropriate Change Order reflecting the terms of the
adjustment.
6.5.2
All changes in Work authorized by Change Orders shall be performed under the
conditions of the Contract Documents.
6.6
Extra Work
6.6.1
The CM@Risk shall perform such extra Work and charge the Owner at actual
cost of labor and materials. The CM@Risk shall have the right to add not more than 5.5%
to the Subcontractor’s prices for authorized extra Work performed solely by Subcontractors.
Such %age shall include all of the CM@Risk’s charges for overhead, profit, administration
and supervision. A 15% mark-up for overhead, profit, administration and supervision may
be added to the CM@Risk’s cost of labor and materials for extra Work authorized to be
done by his own forces. The Subcontractor’s maximum allowable additions for overhead,
profit, administration and supervision shall not exceed 15% of cost of labor and materials.
The CM@Risk and Subcontractors will not be allowed any additional compensation beyond
the allowable markups for overhead, profit, administration and supervision as noted above.
6.6.2
If there is a net increase in the GMP, Construction Manager's Fee shall be
adjusted accordingly. In case of a net decrease in the GMP, CM@Risk's overhead and Fee
shall not be adjusted unless five percent (5%) or more of the Project is deleted. CM@Risk
shall maintain a documented, itemized accounting evidencing the expenses and savings.
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6.6.3
This paragraph has been intentionally deleted.
6.7
Contract Modifications
Any agreement which modifies the terms of the contract (including Change Orders) shall be
approved in writing by the Public Works Director. Once properly executed by both parties,
these modifications to the contract shall have the same effect as if they had been included
in the original contract. Signature by the contracting parties shall constitute full accord and
satisfaction between the City and the CM@Risk for all costs, damages, and expenses of
whatever kind or nature, including delay, impact or acceleration damages, which may be
occasioned by the modification.
6.8
Emergencies
In any emergency affecting the safety of persons and/or property, CM@Risk shall act, at its
discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price
and/or Contract Time resulting from emergency Work under this Division shall be
determined as provided in this Article.
Article 7- Procedure for Payment
7.1
Payment
Payment for the specific Work under this Agreement will be made in accordance MAG
Standard Specification section 109.
7.2
Record Keeping and Finance Control
7.2.1
As it relates to Contract “Allowances” or cost based change orders, 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. The City, its authorized representative, and/or the appropriate
agency, reserve the right to audit the CM@Risk’s records, as it relates to Allowances or cost
based change orders, in compliance with local, state or federal policies, statutes or at the
City’s discretion, within (3) years of Final Acceptance of the Work.
7.2.2
The CM@Risk shall include a provision similar to paragraph 7.2.1 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.
Article 8 - Claims and Disputes
8.1
Attorney Fees
In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled
to received from the other party reasonable attorneys’ fees and reasonable costs and expenses,
determined by the court sitting without a jury or arbitration board, which shall be deemed to have
accrued on the commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment or by arbitration award.
As an alternative to filing a law suit to resolve the dispute, the parties may elect to arbitrate the
dispute. Each party shall select a competent and impartial arbitrator. The two selected arbitrators
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shall appoint a third arbitrator. If the two appointed arbitrators cannot agree on a third, they may
petition a judge having competent jurisdiction to select the third arbitrator, or they may resign their
appointment jointly or individually so that the parties may renew the selection process. The
written award of two of the three arbitrators shall bind the parties. The cost of the arbitrators and
any expert witnesses shall be borne by the party that hired them. The cost of the third arbitrator
and other expenses of the arbitration shall be shared equally by the parties. The arbitration shall
take place in the City of El Mirage. State court rules of procedure and evidence shall be
governing.
8.2
Duty to Continue Performance
Unless provided to the contrary in the Contract Documents, CM@Risk shall continue to
perform the Work and City shall continue to satisfy its payment obligations to CM@Risk,
pending the final resolution of any dispute or disagreement between CM@Risk and City.
8.3
Representatives of the Parties
8.3.1
City’s Representatives
8.3.1.1
City designates the individual listed below or his designee as its Senior
Representative (Level III), which individual has the authority and responsibility for avoiding
and resolving disputes under MAG Section 110:
Jorge Gastelum, P.E., Community Development Director / City Engineer
10000 N. El Mirage Road
El Mirage, Arizona 85335
8.3.1.2
City designates the individual listed below as its City’s Representative (Level II),
which individual has the authority and responsibility set forth in MAG Section 110:
Bryce Christo, P.E., Assistant City Engineer
10000 N. El Mirage Road
El Mirage, Arizona 85335
8.3.1.3
City designates the individual listed below as its City’s Representative (Level I),
which individual has the authority and responsibility set forth in MAG Section 110:
Tessa Wessel, E.I.T., Civil Engineer / Project Manager
10000 N. El Mirage Road
El Mirage, Arizona 85335
8.3.2
CM@Risk’s Representatives
8.3.2.1
CM@Risk designates the individual listed below as its Senior Representative
(Level III), which individual has the authority and responsibility for avoiding and resolving
disputes under MAG Section 110:
Todd Steffen, President or designee
3036 E. Greenway Road
Phoenix, Arizona 85032
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8.3.2.2
CM@Risk designates the individual listed below as its CM@Risk’s
Representative (Level II), which individual has the authority and responsibility for avoiding
and resolving disputes under MAG Section 110:
Todd Steffen, President or designee
3036 E. Greenway Road
Phoenix, Arizona 85032
8.3.2.3
CM@Risk designates the individual listed below as its CM@Risk’s
Representative (Level I), which individual has the authority and responsibility for avoiding
and resolving disputes under MAG Section 110:
Gary Wenk, Vice President or designee
3036 E. Greenway Road
Phoenix, Arizona 85032
Article 9 - Suspension and Termination
9.1
The City may suspend or terminate this contract in accordance with Sections
9.1.1 and 9.2 below and MAG Specifications Section 108.
9.1.1
City may, at its discretion and without cause, order CM@Risk in writing to stop and
suspend the Work. Such suspension shall not exceed one hundred and eighty (180)
consecutive days.
9.1.2
CM@Risk may seek an adjustment of the Contract Price and/or Contract Time if its
cost or time to perform the Work has been adversely impacted by any suspension or
stoppage of Work by City.
9.2
CM@Risk's Right To Terminate
9.2.1
Upon seven (7) Days' written notice to City and an opportunity to cure within
three (3) Days, CM@Risk may terminate this Contract if the Work has been stopped for one
hundred and eighty one (181) consecutive day period, or for any of the following reasons
through no fault of CM@Risk:
9.2.1.1
if the City fails to pay CM@Risk in accordance with this Contract; or
9.2.1.2
if the City otherwise materially breaches this Contract.
9.2.2
Upon termination by CM@Risk in accordance with this Section 9.2, CM@Risk
shall be entitled to recover from City payment for all Work executed and for any proven loss,
cost, or expense in connection with the Work, including all demobilization costs plus
reasonable Overhead and profit on Work not performed.
Article 10 - Insurance and Bonds
10.1
Insurance Requirements
10.1.1
The CM@Risk, at CM@Risk’s own expense, shall purchase and maintain the
herein stipulated minimum insurance with companies possessing a current A.M. Best, Inc.
rating of A- or better, and duly licensed or approved to do business in the State of Arizona,
with policies and forms satisfactory to the City.
All insurance coverage required herein shall be maintained in full force and effect until all
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Work required to be performed under the terms of the Contract is satisfactorily completed
and formally accepted; failure to do so may, at the sole discretion of the City, constitute a
material breach of this Contract.
The CM@Risk’s insurance shall be primary insurance, and any insurance or self insurance
maintained by the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the policies or any breach of an
insurance policy warranty shall not affect coverage afforded under the policy to protect the
City.
The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer
rights of recovery (subrogation) against the City, its agents, representatives, directors,
officers, and employees for any claims arising out of the Contractor’s Work or service.
The insurance policies may provide coverage which contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to the City under such policies. The CM@Risk shall be
solely responsible for deductible and/or self-insured retention and the City, at its option, may
require the CM@Risk to secure the payment of such deductible or self-insured retentions by
a surety bond or an irrevocable and unconditional letter of credit.
The City reserves the right to request and to receive, with 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 advise CM@Risk of any deficiencies in
such policies and endorsements, and such receipt shall not relieve Contractor from, or be
deemed a waiver of the City’s right to insist on, strict fulfillment of CM@Risk’s obligations
under this Contract.
The insurance policies, except Workers’ Compensation, required by this Contract shall
name the City, its agents, representatives, officers, directors, officials, and employees as
Additional Insureds.
10.1.2
General Liability
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 a least as broad as
Insurance Service Office, Inc. Policy Form CG000211093 or any replacement thereof. The
coverage shall not include X, C, U.
Such policy shall contain a severability of interest provision, and shall not contain a sunset
provision, commutation clause or any provision which would serve to limit third party action
over claims.
The Commercial General Liability additional insured endorsement shall be at least as broad
as the Insurance Service Office, Inc.’s, Additional Insured, CG 20 10 04 13 and CG 20 37
04 13, and shall include coverage for CM@Risk’s operations and products and completed
operations.
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,
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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 prosecution 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 issues by the same insurance company that issues the CM@Risk’s
Commercial General Liability insurance.
The Commercial General Liability insurance and the Owner’s and Construction Manager at
Risk Protective Liability insurance policies shall not be written on a “claims made” basis.
10.1.3
Automobile Liability
CM@Risk shall maintain Commercial/Business Automobile Liability insurance with a
combined single limit for bodily injury and property damage of not less than $1,000,000
each occurrence with respect to the CM@Risk’s any owned, hired, and non-owned vehicles
assigned to or used in performance of the CM@Risk’s Work. Coverage will be at least as
broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA
00011293, 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. The Commercial/Business Automobile
Liability insurance policy shall not be written on a “claims made” basis.
10.1.4
Workers’ Compensation
The CM@Risk shall carry Workers’ Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of CM@Risk’s employees engaged in the
performance of the Work; 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.
In case any Work is subcontracted, the CM@Risk will require the Subcontractor to provide
Workers’ Compensation and Employer’s Liability to at least the same extent as required of
the CM@Risk.
10.1.5
Certificates of Insurance
Prior to commencing services under this Contract, CM@Risk shall furnish the City with
Certificates of Insurance (naming the City as Additional Insured), or formal endorsements
as required by the Contract, issued by Contractor’s insurer(s), as evidence that policies
providing the required coverages, conditions, and limits required by this Contract are in full
force and effect.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to
the City fifteen (15) days prior to the expiration date.
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.
10.1.6
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled or materially changed without fifteen
(15) days prior written notice to the City.
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10.1.7
Builders' Risk Insurance
CM@Risk shall purchase and maintain, in a company or companies lawfully authorized to
do business in the jurisdiction in which the Project is located, property insurance written on a
builders risk “all-risk” or equivalent policy form in the amount of the initial contract sum, plus
value of subsequent contract modifications and cost of materials supplied or installed by
others, comprising total value for the entire Project at the site on a replacement cost basis.
This insurance shall include interests of the City, the CM@Risk, Subcontractor and its
subcontractors in the Project, and shall include insurance against the perils of fire and
physical loss or damage including, without duplication of coverage, theft, vandalism,
malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup,
temporary buildings and debris removal, including demolition occasioned by enforcement of
any applicable legal requirements.
City and CM@Risk waive all rights against each other and against all Subcontractors, Sub-
subcontractors, Material Suppliers and the Architect/Engineer, for damages caused by fire
or other perils covered by Builder’s Risk or any other property insurance, except such rights
as they may have to the proceeds of such insurance. Such insurance may be subject to an
amount deductible from the sums otherwise payable thereunder and the burden of such
deduction shall be borne by the CM@Risk. The City or CM@Risk, as appropriate, shall
require of the Design Professional, Design Professional’s consultants, separate contractors,
if any, and the subcontractors, sub-subcontractors, agents and employees of any of them,
by appropriate agreements, written where legally required for validity, similar waivers each
in favor of other parties enumerated herein.
10.2
Bonds and Other Performance Security
10.2.1
Bid/Proposal Security
Not Applicable.
10.2.2
Performance Bond
The CM@Risk shall be required to furnish non-revocable security binding the CM@Risk to
the City to provide faithful performance of the Contract in the amount of 100% of the total
Contract price payable to the City of El Mirage.
Performance security shall be in the form of a performance bond, certified check, or
cashier’s check. This security must be in the possession of the City of El Mirage Finance
Department within the time specified, or ten (10) days after notice of award if no period is
specified. If the CM@Risk fails to execute security document as required, the CM@Risk
may be found in default under the terms of the Bid Security. In case of default the City
reserves all rights under the Bid/Proposal security pursuant to Sec. 10.2.1.
All performance bonds shall be executed on the Performance Bond Form included in the
Bid Documents, or on a form as mutually agreed to, duly executed by the Bidder as
Principal and having as surety thereon a surety company approved by the Owner and
holding a Certificate of Authority to transact surety business in the State of Arizona, by the
Arizona Department of Insurance. Individual sureties are unacceptable. All insurers and
sureties shall have at the time of submission of the proposal an A.M. Best’s Key Rating
Guide of “A-“ or better as currently listed in the most recent Best Key Guide published by the
A.M. Best Company, payable without condition to the Owner.
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10.2.3.
Payment Bond
The CM@Risk shall be required to furnish non-revocable security in an amount equal to the
full Contract Price, made payable to the Owner and solely for the protection of those
supplying labor or materials to the CM@Risk or its Subcontractors in the prosecution of the
Work or any part thereof in accordance with A.R.S. § 34-222 and § 34-223.
All payment bonds shall be executed on the Payment Bond Form included in the Bid
Documents, or on a form as mutually agreed to, duly executed by the CM@Risk as
Principal and having as surety thereon a surety company approved by the Owner and
holding a Certificate of Authority to transact surety business in the State of Arizona, by the
Arizona Department of Insurance. Individual sureties are unacceptable. All insurers and
sureties shall have at the time of submission of the proposal an A.M. Best’s Key Rating
Guide of “A-“ or better as currently listed in the most recent Best Key Guide published by the
A.M. Best Company, payable without condition to the Owner.
Article 11 - Indemnification
11.1
CM@Risk’s General
11.1.1
To the fullest extent permitted by law, the CM@Risk shall defend, indemnify and
hold harmless the City of El Mirage, its agents, representatives, officers, directors, officials
and employees from all demands, proceedings, suits, actions, claims, damages, or losses
relating to, arising out of, resulting from or alleged to have resulted from the performance of
the Work. CM@Risk’s duty to defend, indemnify and hold harmless the City of El Mirage,
its agents, representatives, officers, directors, officials and employees shall arise in
connection with all demands, proceedings, suits, actions, claims, Workers’ compensation
claims, unemployment claims, damages, losses or expenses (including but not limited to
attorney’s fees, court costs, and the cost of appellate proceedings) that are attributable to
personal or bodily injury, sickness, disease, death, or injury to, impairment or destruction of
property including loss of use resulting there from, caused by any act or omission of the
CM@Risk, a subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable.
11.1.2
In any and all claims against the indemnified parties by any employee of the
CM@Risk, any subcontractor, any supplier, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the defense and indemnification
obligation in this Article 11 shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the CM@Risk, or any
subcontractor, or any supplier or other person under Workmen’s compensation acts,
disability benefit acts, or other employee acts.
11.1.3
The CM@Risk shall also defend, indemnify and hold harmless the City of El
Mirage, the Design Professional, the Owner’s representative, any jurisdiction or agency
issuing permits for any Work involved in the project, and their consultants, and each of their
directors, officers, employees and agents from and against all losses, expenses, damages
(including damages to the Work itself), attorney’s fees and other costs, including costs of
defense, which any of them may incur with respect to the failure, neglect, or refusal of
CM@Risk to faithfully perform the Work and all of the Work and all of the CM@Risk’s
obligations under the contract. Such costs, expenses, and damages shall include all costs,
including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are
a party.
11.1.4
In case any claim, action, suit or proceeding is brought against the City of El
Mirage, or any indemnified party by reason of any act or condition requiring indemnification
by the CM@Risk hereunder, the indemnified party(ies) receiving notice of said claim, action,
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suit or proceeding shall notify the CM@Risk promptly of the same, and the CM@Risk shall,
at the CM@Risk’s expense, compromise, resist or defend, as appropriate, such claim,
action, suit or proceeding, or cause the same to be compromised, resisted or defended, by
the insurer of the liability, by the CM@Risk, or by legal counsel retained by the insurer or
CM@Risk. The indemnified party shall have the right to approve the legal counsel selected
by the CM@Risk or the insurer of the liability, which approval shall not be unreasonably
withheld.
11.1.5
The defense, indemnification, hold harmless provisions and City’s Liability
Insurance set forth herein shall survive any termination of this Agreement.
11.1.6
The CM@Risk shall have no obligation to indemnify or defend under this Article
11 to the extent such claims, damages, losses and expenses are caused by the negligence
of a party indemnified hereunder.
11.1.7.
The CM@Risk’s obligation to defend, indemnify and hold harmless the City of El
Mirage, its agents, representatives, officers, directors, officials and employees (the
“Indemnified Parties”) under this Article 11 shall include the obligation to defend, indemnify
and hold harmless the Indemnified Parties from and against any and all demands,
proceedings, suits, actions, claims, damages, or losses relating to, arising out of, resulting
from or alleged to have resulted from the failure or alleged failure of any Indemnified Party
to detect, discover (including allegations of negligent inspection) or prevent any acts or
omissions of the CM@Risk, a subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, which are alleged to have directly or indirectly
resulted in personal or bodily injury, sickness, disease, death, or injury to, impairment or
destruction of property including loss of use resulting there from to the Claimant.
Article 12 – General Provisions
12.1
Contract Documents
12.1.1
The Contract Documents are intended to permit the parties to complete the
Work and all obligations required by the Contract Documents within the Contract Times for
the Contract Price. The Contract Documents are intended to be complementary and
interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a
manner consistent with construction and design industry standards.
12.1.2
In the event of any inconsistency, conflict, or ambiguity between or among the
Plans and Specifications, the Contract Documents shall take precedence in the order in
accordance with MAG Section 102.2.
12.1.2.1
On the drawings, given dimensions shall take precedence over scaled
measurements, and large scale drawings over small-scale drawings.
12.1.3
The headings used in this Agreement, or any other Contract Documents, are for
ease of reference only and shall not in any way be construed to limit or alter the meaning of
any provision.
12.1.3.1
The headings used in this Agreement, or any other Contract Documents, are for
ease of reference only and shall not in any way be construed to limit or alter the meaning of
any provision.
12.1.3.2
The Contract Documents form the entire agreement between City and
CM@Risk and by incorporation herein are as fully binding on the parties as if repeated
herein. No oral representations or other agreements have been made by the parties except
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as specifically stated in the Contract Documents.
12.1.3.3
The Contract Documents may not be changed, altered, or amended in any way
except in writing signed by a duly authorized representative of each party in the form of a
Change Order.
12.1.4
In the event of any inconsistency, conflict or ambiguity between or among the
Contract Documents, the Contract Documents shall take precedence in the order in which
they are listed in the definition of Contract Documents in Article 1.
12.2
Time is of the Essence
City and CM@Risk mutually agrees that time is of the essence with respect to the dates and
times set forth in the Contract Documents. Adjustments to contract time shall be in
accordance with Article 4.
12.3
Mutual Obligations
City and CM@Risk commit at all times to cooperate fully with each other, and proceed on
the basis of trust and good faith, to permit each party to realize the benefits afforded under
the Contract Documents.
12.4
Cooperation And Further Documentation
The CM@Risk agrees to provide the City such other duly executed documents as shall be
reasonably requested by the City to implement the intent of the Contract Documents.
12.5
Assignment
Neither CM@Risk nor City shall, without the written consent of the other assign, transfer or
sublet any portion of this Agreement or part of the Work or the obligations required by the
Contract Documents.
12.6
Successorship
CM@Risk and City intend that the provisions of the Contract Documents are binding upon
the parties, their employees, agents, heirs, successors and assigns.
12.7
Third Party Beneficiary
Nothing under the Contract Documents shall be construed to give any rights or benefits in
the Contract Documents to anyone other than the City and the CM@Risk, and all duties and
responsibilities undertaken pursuant to the Contract Documents will be for the sole and
exclusive benefit of City and the CM@Risk and not for the benefit of any other party.
12.8
Governing Law
The Agreement and all Contract Documents 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. Any 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.
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12.9
Severability
If any provision of the Contract Documents or the application thereof to any person or
circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of the
Contract Documents and the application thereof shall not be affected and shall be
enforceable to the fullest extent permitted by law.
12.10 Compliance with Federal Laws
12.10.1
CM@Risk understands and acknowledges its obligations under, and the
applicability to CM@Risk, of the Americans with Disabilities Act, the Immigration Reform
and Control Act of 1986 and the Drug Free Workplace Act of 1989. The CM@Risk agrees
to comply with these laws in performing the Contract Documents and to permit the City to
verify such compliance. The City’s failure to verify the CM@Risk’s compliance with such
laws shall not relieve the CM@Risk’s obligation to comply with all applicable state and
federal laws.
12.10.2
The CM@Risk shall require a drug free Workplace for all employees working
under the Contract. Specifically, all employees of the CM@Risk who are Working under a
contract with the City shall be notified, in writing, by the CM@Risk that they are prohibited
from the manufacture, distribution, dispensation, possession or unlawful use of a controlled
substance in the Workplace.
Failure to require a drug free workplace may result in termination of the Contract and
possible debarment from bidding on future City projects.
12.10.3
The CM@Risk will not discriminate against any employee or applicant for
employment because of religion, race, creed, color, sex, national origin or disability. The
CM@Risk will take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to their religion, race, creed,
color, sex, national origin or disability. Such action shall include but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The CM@Risk agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause and the nondiscrimination laws of the State
of Arizona and the United States.
12.10.4
The CM@Risk, will, in all solicitations or advertisements for employees placed
by or on behalf of the CM@Risk, state that all qualified applicants will receive consideration
for employment without regard to religion, race, creed, color, sex, national origin or
disability.
12.10.5
The CM@Risk will send to each labor union or representative of Workers with
which he has a collective bargaining agreement or other contract or understanding, a notice
advising the labor union or Workers' representative of the CM@Risk's commitments under
Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
12.10.6
The CM@Risk will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
12.10.7
The CM@Risk will furnish to the City all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and
30
orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the Department of Housing and Urban Development and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
12.10.8
In the event of the CM@Risk's noncompliance with the nondiscrimination
clauses of this Contract or with any such rules, regulations or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the CM@Risk may be declared
ineligible for further Government contracts or Federally assisted construction contracts, in
accordance with procedures authorized in Executive Order No. 11246 of September 24,
1965, or by rules or order of the Secretary of Labor, or as otherwise provided by law.
12.10.9
The CM@Risk will include the provisions of paragraphs 12.10.4 through 12.10.9
in every subcontract or purchase order unless exempted by rules, regulations or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The CM@Risk will take such action with respect to any subcontractor or purchase
order as the Department of Health and Human Services may direct as a means of enforcing
such provisions, including sanctions for noncompliance; Provided however, that in the event
the CM@Risk becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Department of Health and Human Services, the
CM@Risk may request the United States to enter into such litigations to protect the
interests of the United States.
12.11 Legal Requirements
12.11.1
CM@Risk shall perform all Work in accordance with all Legal Requirements
and shall provide all notices applicable to the Work as required by the Legal Requirements.
12.11.2
It is not the CM@Risk’s responsibility to ascertain that the Construction
Documents are in accordance with applicable laws, statutes, ordinances, building codes,
rules and regulations. However, if the CM@Risk recognizes that portions of the
Construction Documents are at variance therewith, the CM@Risk shall promptly notify the
City in writing, describing the apparent variance or deficiency.
12.12 Independent Contractor
The CM@Risk is and shall be an independent contractor. Any provisions in the Contract
Documents that may appear to give the City the right to direct the CM@Risk as to the
details of accomplishing the Work or to exercise a measure of control over the Work means
that the CM@Risk shall follow the wishes of the City as to the results of the Work only.
These results shall comply with all applicable laws and ordinances.
12.13 City's Right Of Cancellation
All parties hereto acknowledge that this Agreement is subject to cancellation by the City
pursuant to the provisions of Section 38-511, Arizona Revised Statutes.
12.14 Survival
All warranties, representations and indemnifications by the CM@Risk shall survive the
completion or termination of this Agreement.
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12.15 Covenant Against Contingent Fees
The CM@Risk warrants that no person has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, and that no member of the City Council, or any employee of
the City has any interest, financially, or otherwise, in the firm. For breach or violation of this
warrant, the City shall have the right to annul this Agreement without liability or at its
discretion to deduct from the Contract Price or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
12.16 No Waiver
The failure of either party to enforce any of the provisions of the Contract Documents or to
require performance of 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 the Contract Documents or
any part thereof, or the right of either party to thereafter enforce each and every provision.
12.17 Notice
12.17.1
Unless otherwise provided, any notice, request, instruction or other document to
be given under this Agreement by any party to any other party shall be in writing and shall
be delivered in person or by courier or facsimile transmission or mailed by certified mail,
postage prepaid, return receipt requested and shall be deemed given upon (a) confirmation
of receipt of a facsimile transmission, (b) confirmed delivery by hand or standard overnight
mail or (c) upon the expiration of three (3) business days after the day mailed by certified
mail, as follows:
to CM@Risk:
Todd Steffen, President
CORE Construction, Inc.
3036 E. Greenway Road
Phoenix, Arizona 8532
to City:
City of El Mirage
Attn: City Manager
10000 N. El Mirage Road
El Mirage, AZ 85335
Copy to:
City of El Mirage
Attn: City Attorney
10000 N. El Mirage Road
El Mirage, AZ 85335
or to such other place and with such other copies as either Party may designate as to itself
by written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of
the notice as of the date of such rejection, refusal or inability to deliver.
12.18 Preference for Use of Off-Duty El Mirage Police Officers The CM@Risk shall
provide off-duty El Mirage police officer(s), if available, to control traffic at signalized
intersections when traffic is restricted or where Work is underway or as directed by the
Engineer. The cost of the officer(s) shall be included in the GMP. In the event El Mirage
police officers are not available, the CM@Risk may obtain Arizona Police Officer Standards
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and Training (POST) Certified Officers from other off-duty sources.
12.19 Hazardous Materials
12.19.1
Unless included in the Work, if the CM@Risk encounters onsite material which he
reasonably believes to contain asbestos, polychlorinated biphenyl (PCB), or other hazardous
substances or materials regulated by Public Health Laws, he shall immediately stop Work and
report the condition to the City.
12.19.2
If the material is found to contain asbestos, PCB or other hazardous substances
or materials regulated by Public Health Laws, the CM@Risk shall not resume Work in the
affected area until the material has been abated or rendered harmless. The CM@Risk and
the City may agree, in writing, to continue Work in non-affected areas onsite.
12.19.3
An extension of Contract Time may be granted in accordance with Article 6.
12.20.4
The CM@Risk will comply with all applicable laws/ordinances and regulations
and take all appropriate health and safety precautions upon discovery.
12.20 Traffic Regulations
12.20.1
All traffic affected by this construction shall be regulated in accordance with the
City of Phoenix Traffic Barricade Manual latest edition and the City of Phoenix in the Traffic
Barricade Manual shall be referred to as the City of El Mirage City Engineer for
interpretation.
12.20.2
At the time of the pre-construction conference, the CM@Risk shall designate an
employee who is well qualified and experienced in construction traffic control and safety to
be responsible for implementing, monitoring, and altering traffic control measure, as
necessary. At the same time, the City will designate a representative who will be
responsible for seeing that all traffic control and any alterations are implemented and
monitored to the extent that traffic is carried through the Work area in an effective manner
and that motorists, pedestrians, bicyclists, and workers are protected from hazard and
accidents.
12.20.3
The following shall be considered major streets: all major parkway, mile (section
line), arterial, and collector (mid-section line and quarter-section line) streets so classified by
the City of El Mirage.
12.20.4
All traffic control devices required for this project shall be the responsibility of the
CM@Risk. The CM@Risk shall place advance warnings REDUCE SPEED, LOOSE
GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS signs in accordance with the Traffic
Barricade Manual.
12.20.5
The CM@Risk shall provide, erect, and maintain all necessary flashing arrow
boards, barricades, suitable and sufficient warning lights, signals, and signs, and shall take
all necessary precautions for the protection of the Work and safety of the public. The
CM@Risk shall provide, erect, and maintain acceptable and adequate detour signs at all
closures and along detour routes.
12.20.6
All barricades and obstructions shall be illuminated at night, and all safety lights
shall be kept burning from sunset until sunrise. All barricades and signs used by the
CM@Risk shall conform to the standard design generally accepted for such purposes, and
payment for all such services and materials shall be considered as included in the other pay
items of the Contract.
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12.20.7
The CM@Risk shall insure that all existing traffic signs are erect, clean, and in
full view of the intended traffic at all times. Street name signs at major street intersections
shall be maintained erect at all times. If these signs should interfere with construction, the
CM@Risk shall notify the Inspector at least forty-eight (48) hours in advance for City
personnel to temporarily relocate said signs. The City Engineer will re-set all traffic and
street name signs to permanent locations when notified by the Engineer that construction is
complete, unless otherwise stated in the specifications. Payment for this item shall be
made at the Contract lump sum price for TRAFFIC CONTROL.
12.20.8
When construction activities or traffic hazards at the construction site require the
use of flagmen, it shall be the CM@Risk’s responsibility to provide adequate personnel
including flagmen to direct traffic safely.
12.20.9
Manual traffic control shall be in conformity with the Traffic Barricade Manual,
except the liaison officer shall be contacted at the El Mirage Police Department at telephone
number (623) 933-1341.
12.20.10
When traffic hazards at construction sites warrant the use of certified police
personnel to direct traffic, arrangements should be made with the liaison officer at the El
Mirage Police Department at telephone number (623) 933-1341.
12.20.11
The assembly and turn-arounds of the CM@Risk’s equipment shall be
accomplished using adjacent local streets when possible.
12.20.12
Equipment used and/or directed by the CM@Risk shall travel with traffic at all
times. Supply trucks shall travel with traffic except when being spotted. Provide a flagman
or officer to assist with this operation.
12.20.13
During construction, it may be necessary to alter traffic control. Alterations shall
be in accordance with the Traffic Barricade Manual.
12.20.14
No street within this project may be closed to through traffic or to local
emergency traffic without prior written approval of the City Engineer of the City of El Mirage.
Written approval may be given if sufficient time exists to allow for notification of the public
at least two (2) days in advance of such closing. Partial closure of streets within the project
shall be done in strict conformity with written directions to be obtained from the City
Engineer.
12.20.15
Caution should be used when excavating near intersections with traffic signal
underground cable. Notify the City Engineer twenty-four (24) hours in advance of any Work
at such intersections. The CM@Risk shall install and maintain temporary overhead traffic
signal cable as specified by the City Engineer when underground conduit is to be severed
by excavations at intersections. The CM@Risk shall provide an off-duty uniformed police
officer to direct traffic while the traffic signal is turned off and the wiring is transferred. All
damaged or modified traffic signal overhead and underground items shall be repaired and
restored to the City Engineer’s satisfaction. Magnetic detector loops shall under no
circumstances be spliced.
12.20.16
The CM@Risk shall address how local access to adjacent properties will be
handled in accordance with the specification herein.
12.20.17
Where crossings of existing pavements occur, no open trenches shall be
permitted overnight, but plating may be permitted if conditions allow as determined by the
City Engineer or his authorized representative. If plates cannot be used, crossings shall be
back-filled or the CM@Risk shall provide a detour.
34
12.21 Construction Water
Watering shall conform to the provisions of Section 230 of the MAG Standard
Specifications. The cost of watering will be included in the price bid for the construction
operations to which such watering is incidental or appurtenant.
Installation and removal of fire hydrant meters should be scheduled at least forty-eight (48)
hours in advance through the City of El Mirage Utilities Division at (623) 933-1228. The cost
of the water is at the prevailing rate.
12.22 CM@Risk's Affidavit
CM@Risk shall submit a signed copy of the CM@Risk's Affidavit Regarding Settlement of
Claims, attached as Exhibit “B”, prior to final payment.
12.23 Equipment Rental Rates for Actual Cost Work
12.23.1
Compensation for equipment used on Actual Cost Work (M.A.G. U.S.S.
109.5.1) shall be paid in accordance with the Arizona Department of Transportation
(A.D.O.T.) “Standard Specifications for Road and Bridge Construction,” latest edition,
Section 109.04(D)(3), except as follows:
The Rate Adjustment factors for year of manufacture shall be as published in the Dataquest
Blue Book.
The Regional Adjustment Factor for climate and regional costs shall apply as published in
the Blue Book.
Overtime and Shift rates shall be as follows:
a. Overtime - at the rate of 1/176th of the monthly rate plus operating costs.
b. Double Shift (16 hours per day) - the first 8-hour shift shall be at 1/176th of the
monthly rate plus operating costs; the second 8-hour shift shall be at 50% of
1/176th of the monthly rate plus operating costs.
c. Triple Shift (24 hours per day) - the first two shifts as b). above; the third shift
shall be at 50% of 1/176th of the monthly rate plus operating costs.
12.23.2
Compensation under these procedures shall apply to CM@Risk/ Subcontractor-
owned equipment only. Leased or rented equipment costs will be compensated as
specified in A.D.O.T. 109.04(D)(3)(c).
12.24 NOT USED
12.25 Shop Drawings
12.25.1
The CM@Risk shall prepare and submit shop drawings which show details of all
Work to insure proper installation of the Work using those materials and equipment
specified under the approved plans and specifications.
12.25.2
A schedule of shop drawing submissions shall be submitted with the GMP.
Unless otherwise noted, shop drawings will not be required for items specified or detailed in
the Uniform Standard Specifications and details or the Technical Specifications.
35
Shop drawings shall be numbered consecutively for each specification section and shall
accurately and distinctly present the following:
a. All Working and erection dimensions.
b. Arrangements and sectional views.
c. Necessary details, including complete information for making connections
between Work under this Contract and Work under other Contracts.
d. Kinds of materials and finishes.
e. Parts list and description thereof.
Each Drawing or page shall include:
1. Project name, City of El Mirage Project Number and descriptions.
2. Submittal date and space for revision dates.
3. Identification of equipment, product or material.
4. Name of CM@Risk and Subcontractor.
5. Name of supplier and manufacturer.
6. Relation to adjacent structure of material.
7. Physical dimensions, clearly identified.
8. Identification of and justification for deviations from the Contract Documents.
9. CM@Risk's stamp, initialed or signed, dated and certifying to review of
submittal, certification of field measurements and compliance with Contract.
10. Location at which the equipment or materials are to be installed.
12.25.3
Location shall mean both physical location and location relative to other
connected or attached material. The City will return unchecked any submittal which does
not contain complete data on the Work and full information on related matters.
12.25.4
Stock or standard drawings will not be accepted for review unless full
identification and supplementary information is shown thereon in ink or typewritten form.
12.25.5
The CM@Risk shall schedule, prepare and submit all shop drawings in
accordance with a time-table that will allow his suppliers and manufacturers sufficient time
to fabricate, manufacture, inspect, test and deliver their respective products to the project
site in a timely manner so as to not delay the complete performance of the Work.
12.25.6
If the shop drawings show departures from the Contract requirements, the
CM@Risk shall make specific mention thereof in his letter of transmittal, otherwise review of
such submittals by the City shall not constitute review of the departure. Review of the
drawings shall constitute review of the specific subject matter for which the drawings were
submitted and not of any other structure, materials, equipment, or apparatus shown on the
drawings.
36
12.25.7
The review of shop drawings will be general and shall not relieve the CM@Risk
of responsibility for the accuracy of such drawings, nor for the proper fitting and construction
of the Work, nor for the furnishing of materials or Work required by the Contract. No
construction called for by shop drawings shall be initiated until such drawings have been
reviewed and approved by the City.
12.25.8
The procedure in seeking review of the shop drawings shall be as follows:
a. The CM@Risk shall submit six (6) complete sets of shop drawings and other
descriptive data with one copy of a letter of transmittal for review by the City.
The CM@Risk shall submit shop drawings to the Engineering Department for
the City's review. Drawings submitted for review shall be folded to
approximately 9” x 12”.
b. Drawings or descriptive data will be stamped “Approved”, “Approved as Noted”,
or “Unacceptable - Resubmit” and one copy with a Letter of Transmittal will be
mailed to the CM@Risk at an address designated by the CM@Risk.
c. If a shop drawing or data is stamped “Approved” or “Approved as Noted”, no
additional submittal is required for that shop drawing.
d. If a shop drawing or data is stamped “Unacceptable-Resubmit”, the CM@Risk
shall make the necessary corrections and resubmit the documents as required
in Instruction 1. The letter transmitting corrected documents shall indicate that
the documents are resubmittals.
e. If any corrections, other than those noted by the City, are made on a shop
drawing prior to resubmittal, such changes should be pointed out by the
CM@Risk upon resubmittal.
f.
The CM@Risk shall revise and resubmit the shop drawing as required, until
they are stamped either “Approved” or “Approved as Noted.”
g. After the CM@Risk's submittal or resubmittal of shop drawings, the City shall
be provided with ten (10) working days for review.
h. The City will not issue a “Notice to Proceed” until all shop drawings are
approved, unless otherwise approved by the City Engineer.
12.25.9
The CM@Risk shall be responsible for all extra costs incurred by the City
caused by the CM@Risk's failure to comply with the procedure outline above.
12.26 Date of Final Acceptance and Beginning of Warranty Period
12.26.1
The date of final acceptance and beginning of the warranty period shall be the
date upon which the owner indicates completion and acceptance of the Work. This date will
represent the completion date of the project, irrespective of early completion by some
subcontractors of their Work.
12.26.2
No partial acceptance, no partial Certificate of Substantial Completion and no
partial occupancy shall be approved by the City.
12.26.3
Final acceptance will not be issued until all items of Work, including punch list
items, have been completed.
37
12.27 Payment for Stored Materials
12.27.1
The City will not pay for materials stored on site unless the material is properly
stored, and the material has been paid for. The CM@Risk shall submit copies of invoices
marked, "PAID", or other proof acceptable to the City indicating that the material, has in fact
been paid for.
12.27.2
No payments will be made for any material stored offsite, whether it has been
paid for or not.
12.28 The Clean Air Act
12.28.1
The CM@Risk shall comply with the Clean Air Act, as amended (42 USC 1857)
and Executive Order 11288; and the Federal Water Pollution Control Act, as amended (33
USC 1251); and all applicable standards, orders and regulations issued pursuant thereto.
The Owner agrees to report all violations thereof to the Environmental Protection Agency
and specifically to comply with the following:
12.28.1.1 For the purpose of this paragraph, the term "facility" means (1) any building,
installation, structure, location or site or operations, (2) owned, leased, or supervised (3) by
the Owner or its CM@Risk and the latter's Subcontractors (4) for the construction, supply
and service contracts entered into by the Owner for the purpose of accomplishing this
project.
12.28.1.2 The Owner and CM@Risk agrees to comply with the Clean Air Act and the
Federal Water Pollution Control Act during the accomplishment of this project and
specifically agree to the following:
12.28.1.2.1 That any facility to be utilized in the accomplishment of this project is not listed
on the Environmental Protection Agency's List of Violating Facilities pursuant to 40 CFR,
Part 15.2;
12.28.1.2.2 That in the event a facility utilized in the accomplishment of this project becomes
listed on the EPA List, the Government may, inter alia, cancel, terminate for default, or
suspend for such failure, in whole or in part, the agreement;
12.28.1.2.3 That it will comply with all other requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act, as amended, relating to
inspection, monitoring, entry, reports, and information, as well as all other requirements
specified in Section 114 and Section 308, respectively and all regulations and guidelines
issued there under;
12.28.1.2.4 That it will promptly notify the Government of the receipts of any notice from the
Director, Office of Federal Activities, Environmental Protection Agency, indicating that any
facility utilized or to be utilized in the accomplishment of this project is under consideration
for listing on the EPA List of Violating Facilities;
12.28.1.2.5 That it will insert in any of its contracts and require insertion in subcontracts
entered into for the purpose of accomplishing this project, unless otherwise exempted
pursuant to the EPA regulations implementing the Clean Air Act and the Federal Water
Pollution Control Act (40 CFR, Part 15.5e) provisions which shall include the criteria and
requirements set forth in this paragraph, including this Subparagraph (5).
12.28.1.3 All pertinent rules and regulations issued under and pursuant to the National
Environmental Policy Act of 1969 as amended (P.L. 90-190) (42 USC 4321); the National
Historic Preservation Act of 1966 (80 Stat. 16 USC 470); the Wild and Scenic Rivers Act
38
P.O. 90-542 as amended, and Executive Order No. 11593 of May 31, 1971.
12.29 Project Closeout
Prior to the final payment to the CM@Risk, the CM@Risk shall furnish to the City Project
Representative for review the following written guarantees, warranties, manuals and
equipment lists identified in the Contract Documents.
12.30 Cleaning
12.30.1
PART 1 - GENERAL
12.30.1.1 Work Specified Herein
12.30.1.2 This Section outlines requirements for cleaning of the Project Work. This
Section is complementary to the General Conditions and Supplementary General
Conditions and nothing herein shall be considered to waive any requirements of the General
Conditions or Supplementary General Conditions.
12.30.1.3 Requirements of Regulatory Agencies
12.30.1.4 Safety and Insurance Standards: Maintain Project in accordance with the
following safety and insurance standards:
State Industrial Commission (of Arizona), OSHA
12.30.1.5 Fire Protection
Store volatile waste in covered metal containers, and remove from premises daily. Pollution
Control: Conduct clean-up and disposal operations to comply with local ordinances and
anti-pollution laws. Burning or burying of rubbish and waste material on the project site is
not permitted. Disposal of volatile fluid waste (such as mineral spirits, oil or paint thinner) in
storm or sanitary sewer systems or into streams or waterways is not permitted.
12.30.2
PART 2 - PRODUCTS
12.30.2.1 Cleaning Material
12.30.2.2 Use only cleaning materials recommended by manufacturer of surface to be
cleaned. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
12.30.3
PART 3 - EXECUTION
12.30.3.1 During Construction
a. During the construction period, the material to be used in the Work shall be kept
in an orderly manner, neatly stacked or piled.
b. Clean up daily all refuse, rubbish scrap materials, and debris caused by
operations, to the end that at all times the site of the Work shall present a neat,
orderly and Workmanlike appearance. Sprinkle dusty debris with water.
c. Provide for the disposal of all waste products, trash, debris, etc., and make
necessary arrangement for legal disposal of same off the site. Lower waste
39
materials in a controlled manner with as few handlings as possible.
d. Remove all surplus material or any debris of every nature resulting from
operations and put the site in a neat, orderly condition.
e. Schedule cleaning operation so that dust and other contaminants resulting from
cleaning process will not impact new Work.
f.
CM@Risk shall provide trash gondolas or containers for use by all trades.
12.30.3.2 Final Cleaning
a. Use experienced workmen, or professional cleaners for final cleaning.
b. Remove temporary Work.
c. Clean all surfaces impacted by Construction.
d. Protect new Work until final inspection and acceptance.
e. All existing improvements within the right-of-way or private property which are
disturbed, damaged, or destroyed by the Work under the Contract shall be
restored to their original condition, or to the satisfaction of the City
Representative.
12.31 Approved Applicators
Where specific instructions in these specifications require that a particular product and/or
material(s) be installed and/or applied by an approved applicator of the manufacturer, it
shall be the CM@Risk's responsibility to ensure that any Subcontractors used for such
Work be approved applicators.
12.32 Watertight-Weathertight
Anything in the Contract Documents notwithstanding, the CM@Risk accepts the
responsibility of constructing a watertight, weather tight project, except for design errors.
12.33 Progress Meeting
At a time designated by the City, a Weekly Progress Meeting will be held at the job site.
The CM@Risk, together with representatives of his major Subcontractors, shall attend, as
will the City. The CM@Risk shall be responsible for notifying the Subcontractors of their
required attendance. The purpose of these meetings is to discuss the job progress, and to
resolve any problems that may have developed since the last meeting. Unless followed up
in writing, verbal authorizations or acknowledgments by anyone present shall not be binding.
12.34 Asbestos-Free Facility
12.34.1
The installation or use of any materials containing a detectable quantity of
asbestos for this project is strictly prohibited. A detectable quantity of asbestos is defined
as any detectable amount of asbestos using the method specified in Appendix E, subpart E
of 40 CFR Part 763 Section 1, Polarized Light Microscopy.
12.34.2
The asbestos material prohibition shall supersede any material that might
inadvertently be specified in the Project plans. The City or his representative shall be
40
notified in writing 7 days prior to ordering any material that may contain detectable asbestos
if the Approved Plans specify the use of such a material. The City or its representative shall
have the discretion to prohibit the use of any material containing detectable asbestos and
shall approve or disapprove associated changes in costs. Should the CM@Risk install
material containing detectable asbestos without notifying the City or his representative, the
CM@Risk shall remove and replace such material with material not containing asbestos at
no cost to the City.
12.35 After Hours Inspections
The CM@Risk is advised that inspections outside standard City inspection hours may be
required. The CM@Risk shall coordinate his Work with the City Inspector. There shall be
no additional payment for this coordination.
12.36 Arizona Pollutant Discharge Elimination System (AZPDES)
12.36.1
This project is subject to the Arizona Pollutant Discharge Elimination System
(AZPDES) storm water requirements under the Arizona Department of Environmental
Quality’s (ADEQ) General Permit for Discharge from Construction Activities to Waters of the
United States (Permit). Under provisions of the Permit, the CM@Risk shall be designated
as the site operator who has day-to-day operational control of those activities at the project
which are necessary to ensure compliance with the Storm Water Pollution Prevention Plan
(SWPPP) or other Permit conditions. The CM@Risk shall be responsible for providing
necessary materials and for taking appropriate measures to minimize pollutants in storm
water runoff from the project.
12.36.2
The City is also identified as an operator for this project since the City has
operational control over Project plans and specifications (including the ability to make
modifications). However, it shall be the responsibility of the CM@Risk to select, implement
and maintain Best Management Practices (BMP) (including sediment and erosion control
measures) to prevent potential pollutants from entering storm water. The Project plans will
specify the long term post construction storm water management measures, as required,
that are to be used (i.e., retention basins, landscaping, etc.).
12.36.3
The CM@Risk shall be responsible for preparing the SWPPP for the Project.
This Plan shall incorporate the post-construction storm water management measures
prescribed by the City and meet all of the requirements described in the Permit (available by
calling
ADEQ
at
602-771-4449
and
through
the
internet
at:
www.adeq.state.az.us/environ/water/permits/stormwater.html).
12.36.4
The Flood Control District of Maricopa County has prepared a manual entitled
“Drainage Design Manual for Maricopa County Arizona, Volume III, Erosion Control” to
assist in the preparation of the SWPPP. It is available at the Flood Control District Office at
2801 West Durango Street, Phoenix, Arizona. The EPA has published a similar guide
entitled Storm Water Management for Construction Activities (EPA 832-R-92-005). It is
available from the National Center for Environmental Publications Information at 1-800-490-
9198.
12.36.5
The SWPPP shall be submitted to the City for approval at least 14 calendar
days prior to issuance of the notice to proceed. The SWPPP will be reviewed by the City
only to ensure that it includes the information required by the Permit. Development and
compliance with other components of the SWPPP are solely the CM@Risk’s responsibility.
The City’s approval of the SWPPP applies only to its contents and is neither comprehensive
nor does it make the City responsible for the CM@Risk’s noncompliance. The CM@Risk
shall complete, certify and submit the Notice of Intent to the ADEQ with a copy to the City.
In addition, the CM@Risk shall submit a written certification to Engineering Construction
41
that the Notice of Intent has been sent to the ADEQ. This certification shall be received no
later than three (3) working days prior to the Notice to Proceed. The ADEQ address is:
Surface Water Permits Unit (M05415B-3)
ADEQ - Water Permits Section
1110 W. Washington Street
Phoenix, AZ 85007
12.36.5.1 “AZPDES Permit Compliance” shall include all material, labor, and other
incidental costs related to: (1) Preparing, updating, and changing the SWPPP; (2)
installation and maintenance of all structural and non-structural BMPs either identified in the
SWPPP or specified by the City in the Bid Document; (3) all clean-up and disposal costs
associated with clean-up and repair following storm events and other runoff or releases on
the Project; (4) implementation and maintenance of other activities identified in the SWPPP
(i.e., inspections, record keeping); (5) preparation of the Notice of Intent and Notice of
Termination. No additional payments will be made for these items.
12.36.5.2 It is the CM@Risk’s responsibility to perform inspections of all storm water
pollution control devices on the project in accordance with Permit requirements. The
CM@Risk is also responsible for maintaining those devices in proper working order,
including cleaning and/or repair. No separate payment will be made for such inspections,
cleaning or repair. The Maricopa County Flood Control District provides access to real time
rainfall
information
via
telephone
at
(602)
506-8701
and
the
internet
at
http://156.42.96.70/alert/alert.htm.
12.36.6
All SWPPP reports required under this contract shall be made available to the
public in accordance with the requirements of Section 308 (b) of the Clean Water Act. The
storm water regulations require that the records be maintained at the construction site or
that notice be provided indicating where the records are kept.
12.36.7
No condition of the AZPDES Permit shall release the CM@Risk from any
responsibilities or requirements under other environmental statutes or regulations.
12.36.8
Within 30 calendar days after completion of all Work (including final stabilization
when applicable), the CM@Risk shall submit a completed and signed NOT Form to the
ADEQ with a copy to the City, thereby terminating all AZPDES Permit coverage for the
project.
12.37 Temporary Utilities For Construction
12.37.1
“Temporary utility service” shall be defined as any utility service or usage by the
CM@Risk prior to final acceptance of the Project by the City. For convenience, temporary
utility services are classified as either "Type 1" or "Type 2". A "Type 1" service is a utility
service established by the CM@Risk for his use during construction, which will not become
part of the permanent utility service lines for the facility. A "Type 2" service is a utility
service line and/or meter, which will become part of the utility service lines for the facility.
Any use of a Type 2 service or meter by the CM@Risk prior to final acceptance of the
facility by the City is included in the definition of "temporary utility service". The CM@Risk
shall be required to install and maintain both Type 1 and Type 2 temporary utility services as
necessary for execution of the Work under this contract.
12.37.2
In the case of Type 1 services, it shall be the CM@Risk’s sole responsibility to
make all arrangements as necessary for electric, telephone, gas, cable, water, and other
utility services, as necessary for execution of the Project Work. The CM@Risk’s
responsibility shall include the setting of temporary power and telephone poles, the
42
temporary extension of utility lines, and installation of meters. The CM@Risk shall pay all
deposits, installation fees, service charges, usage charges, monthly flat rates, and all other
expenses associated with such service for the duration thereof.
12.37.3 For Type 2 services, the CM@Risk shall install the service lines and meters for the
facility as required by the Project plans and specifications. For Type 2 services, the
CM@Risk will be required to open an account with the utility company (or companies, if
applicable) in the CM@Risk's name and maintain the account in the CM@Risk's name until
final acceptance of the facility by the City. The CM@Risk shall pay all deposits, installation
fees, service charges, usage charges, monthly flat rates, and all other expenses associated
with the service through final acceptance of the facility by the City, including utility usage for
final testing and startup. Upon final acceptance of the facility by the City, the utility service
accounts and meters for the facility will be transferred to the City. The CM@Risk shall pay
to the utility companies all amounts incurred prior to the transfer, including any transfer
charges.
12.37.4 The CM@Risk shall estimate the charges associated with establishing and
maintaining Type 1 and Type 2 temporary utility services at the site throughout the duration
of the project, including the monthly flat charges and estimated usage charges. The
CM@Risk shall include the costs associated with temporary utility services in appropriate
item(s) within the GMP.
12.38 Maricopa County Air Quality Department Permit
The CM@Risk is advised that a Dust Control Permit and Dust Control Plan may be required
by the Maricopa County Air Quality Department. It shall be the CM@Risk’s responsibility to
obtain this permit, if necessary, and comply with its requirements. Prior to construction, the
CM@Risk shall provide a copy of the Dust Control Permit and Plan to the City for Review.
12.39 Electric Power, Water, and Telephone
Unless otherwise specified, the CM@Risk shall make his own arrangements for electric
power, water, and telephone. Subject to the convenience of the utility, he may be permitted
to connect to existing facilities where available, but he shall meter and bear the cost of such
power or water, and installation and disconnect of such power, water, and telephone
services.
12.40 Energized Aerial Electrical Power Lines
The utility company may maintain energized aerial electrical power lines in the immediate
vicinity of this Project. Do not consider these lines to be insulated. Construction personnel
working in proximity to these lines are exposed to an extreme hazard from electrical shock.
CMs@Risk, their employees, and all other construction personnel working on this Project
must be warned of the danger and instructed to take adequate protective measure,
including maintaining a minimum ten (10) feet clearance between the lines and all
construction equipment and personnel. (see OSHA Standard 1926.550 (a) 15).
As an additional safety precaution, CM@Risk should also be instructed to call the utility
company to arrange, if possible, to have these lines de-energized or relocated when the
Work reached their immediate vicinity. The cost of such temporary arrangements shall be
borne by the CM@Risk. The utility company can often responds to such request if two (2)
days advance notice is given, but some situations may require up to sixty (60) days lead
time for relocation or other arrangements.
Electrical utility companies may maintain energized underground electrical power lines in
the immediate vicinity of this Project. These power lines represent an extreme hazard of
43
electrical shock to any construction personnel or equipment coming in contact with them.
Arizona law requires all parties planning excavation in public rights-of-way to contact all
utility firms for locations of their underground facilities. CM@Risk, their employees, and all
other personnel working near any underground power lines must be warned to take
adequate protective measure. (see: OSHA Standard 1926-651 (A)).
12.41 Relocation and/or Adjustment of Existing Facilities, Services and Access
If relocation or adjustment of existing facilities is noted on the plans, this is intended to
include the relocation or adjustment of items appurtenant to the noted piece of Work, just as
if they were specifically called out. If these appurtenant items are lost or broken during con-
struction, they shall be replaced by the CM@Risk with items of equal or better quality, at no
additional cost to the City.
12.42 Contractors License Law
Contractor shall comply with, and require all Subcontractors to comply with, State
Contractor’s license laws and duly registered and licensed.
12.43 Plans and Specifications to the CM@Risk
The CM@Risk shall be provided with seven (7) sets of plans and specifications at no cost
from the Contracting Agency, unless otherwise specified.
12.44 Subcontractor’s Bonds
The CM@Risk shall work only with Subcontractors who are properly licensed and bonded
with the State of Arizona, Registrar of Contractors.
12.45 Signature Page
Refer to Exhibit “A”, signature page for signing Contract agreement.
[End of document. Next page is signature page.]
45
EXHIBIT B
CITY OF EL MIRAGE, ARIZONA
ENGINEERING DEPARTMENT
CM@Risk's AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS
Part 100, Section 109, General Conditions
El Mirage, Arizona
Date_______________
Project No. _________________
To the City of El Mirage, Arizona
This is to certify that all lawful claims for materials, rental of equipment and labor used in
connection with the construction of the above project, whether by subcontractor or claimant in
person, have been duly discharged.
The undersigned, for the consideration of $___________________________, as set out in the
final pay estimate, as full and complete payment under the terms of the contract, hereby waives
and relinquishes any and all further claims or right-of-lien under, in connection with, or as a
result of the above described project. The undersigned further agrees to indemnify and save
harmless the City of El Mirage against any and all liens, claims of liens, suits, actions, damages,
charges and expenses whatsoever which said City may suffer arising out of the failure of the
undersigned to pay for all labor, performance and materials furnished for the performance of
said installation.
Signed and dated at _________________, this ______ day of _____________, 20__.
_____________________________________
CM@Risk
_____________________________________
By
STATE OF ARIZONA )
)ss
County of Maricopa )
The foregoing instrument was subscribed and sworn to before me this __________
day of ______________, 20____,
__________________________________
Notary Public
My Commission expires:
46
EXHIBIT C
APPROVED GMP PROPOSAL
1. See attached Exhibit C.1 – Basis of GMP Summary Sheet, dated 06/16/21, 1
page(s); and
2. See attached Exhibit C.2 – Baseline Project Schedule, dated 06/16/21, 3 page(s).
LOCATION: El Mirage, AZ
ARCHITECT: bo ARCH Architects
GENERAL REQUIREMENTS
$35,199
GR1
General Requirements
$33,340
FC
Final Clean
Arizona Proclean Empire
$1,859
DEMOLITION/ OFF-SITE INFRASTRUCTURE
$97,627
1
Demolition
Dickens Quality Demo
$96,727
2
Hazardous Material Abatement
Comprehensive Risk Services
$900
SITE WORK (ROUGH)
$144,694
6
Surveying/Staking
EPS Group
$4,500
7
Earthwork & Paving
Mark's Valley Grading
$78,546
8
Site Utilities
Midwest Contracting
$61,181
11
Soil Treatment
Contractors Termite & Pest
$467
SITE WORK (FINISH)
$82,550
14
Site Signage & Striping
TSS Enterprises
$1,189
18
Fencing & Gates
Diamond Iron
$16,611
19
Site Concrete
JF Ellis
$59,500
24
Site Furnishings
IISI
$5,250
STRUCTURE
$241,184
27
Building Concrete
JF Ellis
$50,300
28
Structural Masonry
SVM
$67,186
29
Masonry Restoration
Restruction Corp
$23,291
30
Steel Package
Castle Steel
$52,107
33
Rough Carpentry
CMR Construction
$48,300
ENCLOSURE
$219,119
38
Insulation
Alcal
$18,885
39
Aluminum Frames / Entrances
Brothers Glass & Glazing
$113,555
43
Exterior Wall Systems (Stucco)
SPG
$39,110
44
Joint Sealants
Western Sealant
$3,648
47
Tile Roofing
Global Roofing
$41,968
51
Sheet Metal Flashing & Trim
CORE
$1,953
INTERIOR FINISHES
$280,918
55
Finished Carpentry & Millwork
Ironwood Cabinets
$39,044
56
HM Frames, Doors, & Hardware
Twin City Hardware
$40,483
59
Metal Studs & Drywall Package
Pete King Construction
$70,005
61
Painting
Pete King Construction
$20,019
62
Acoustical Ceilings
Barrett Homes
$65,952
64
Tile Package
InteriorWorx
$5,056
65
Flooring Package
InteriorWorx
$39,826
66
Concrete Sealing
InteriorWorx
$533
SPECIALTIES
$7,578
73
Signage Package
Airpark Signs & Graphics
$5,105
75
Toilet Partitions & Accessories
Interstate Interior Systems, Inc.
$908
77
Wall Protection & Corner Guards
Northwest Floor and Wall
$890
78
Fire Extinguishers & Cabinets
Interstate Interior Systems, Inc.
$675
EQUIPMENT
$0
84
Projection Screens
(BY OWNER)
$0
86
Residential Appliances
(BY OWNER)
$0
92
FF&E
(BY OWNER)
$0
MEP SYSTEMS
$357,621
97
Fire Sprinkler Systems
Complete Fire Protection
$26,624
98
Plumbing Systems
Tempe Mechanical
$75,125
99
HVAC Systems
Tempe Mechanical
$100,780
101
Test & Balance
Omega
$1,755
102
Electrical Systems
A.M.E. Electrical
$142,050
103
Fire Alarm Systems
Firetrol Protection Systems
$11,286
SPECIAL SYSTEMS
$0
109
Structured Cabling Systems
(BY OWNER)
$0
110
Security/Access Control Systems
(BY OWNER)
$0
111
Audio Visual Systems
(BY OWNER)
$0
112
Intercom Systems
(BY OWNER)
$0
CONTINGENCIES & ALLOWANCES
$87,755
AL1
Escalation Allowance
$15,815
AL2
Material Testing / Special Inspection Allowance
$21,346
AL3
Landscaping & Irrigation Allowance
$50,594
GENERAL CONDITIONS
BASED ON
SUB TOTAL
REQUIRED
General Conditions
Carried from 'GC's' Tab
$257,460
RATE
CONTRACTOR'S FEE
BASED ON
SUB TOTAL
5.00%
Construction Manager At Risk Fee
$2,085,500
$104,275
CONTINGENCIES
$64,500
3.0%
CM@Risk's Contingency
$64,500
Exhibit C.1 - GMP Summary Sheet
Description
#
CoEM - El Mirage Library Remodel /
Relocation
Est. #3 - 100% CD GMP 06.16.21
Base Price
SUBCONTRACTOR
Subtotal (GC's, Insurance, Tax, & Fee)
$2,085,500
Subtotal (with GC's, Insurance, & Tax)
Guaranteed Maximum Price Total
Estimate Amount
$2,150,000
Subtotal
Subtotal (with GC's & Insurance)
$1,981,225
$1,554,245
Subtotal (with GC's)
$1,811,705
$1,862,343
Page 1 of 1
ID
Task Name
Duration
Start
Finish
0
El Mirage Fire Station to Library Coversion 95 DD Sch
206 d
Fri 7/9/21
Fri 4/29/22
1
Executed Construction Contract
1 d
Fri 7/9/21
Fri 7/9/21
2
Anticipated Notice To Proceed
1 d
Wed 8/11/21
Wed 8/11/21
3
Procurement
90 d
Wed 8/11/21
Fri 12/17/21
4
Deferred Submittals
30 d
Wed 8/11/21
Wed 9/22/21
5
Wood Truss Shop Drawings & Calcs
30 d
Wed 8/11/21
Wed 9/22/21
6
Fire Alarm Shop Drawings
30 d
Wed 8/11/21
Wed 9/22/21
7
Fire Sprinkler Shop Drawings
30 d
Wed 8/11/21
Wed 9/22/21
8
Submittals
20 d
Wed 8/11/21
Wed 9/8/21
9
Submit/Review/Approve Door & Hardware Shop D
20 d
Wed 8/11/21
Wed 9/8/21
10
Submit/Review/Approve Structural Steel Shop Dra
20 d
Wed 8/11/21
Wed 9/8/21
11
Submit/Review/Approve Mechanical Submittals
20 d
Wed 8/11/21
Wed 9/8/21
12
Submit/Review/Approve Plumbing Submittals
20 d
Wed 8/11/21
Wed 9/8/21
13
Submit/Review/Approve Millwork Submittals
20 d
Wed 8/11/21
Wed 9/8/21
14
Submitt/Review/Approve CMU
10 d
Wed 8/11/21
Tue 8/24/21
15
Submit/Review/Approve Electrical Submittals
20 d
Wed 8/11/21
Wed 9/8/21
16
Submittals Complete
0 d
Wed 9/8/21
Wed 9/8/21
17
Long Lead Items
80 d
Wed 8/25/21
Fri 12/17/21
18
Procure Aluminum Frames
50 d
Thu 9/9/21
Wed 11/17/21
19
Procure HM Frames
60 d
Thu 9/9/21
Fri 12/3/21
20
Procure CMU
60 d
Wed 8/25/21
Wed 11/17/21
21
Procure Electrical Equipment
30 d
Thu 9/9/21
Wed 10/20/21
22
Procure Doors & Hardware
30 d
Thu 9/9/21
Wed 10/20/21
23
Procure Mechanical Equipment
60 d
Thu 9/9/21
Fri 12/3/21
24
Procure Plumbing Fixtures
60 d
Thu 9/9/21
Fri 12/3/21
25
Procure Millwork
30 d
Thu 9/9/21
Wed 10/20/21
26
Procure Structural Steel Columns & Beams
60 d
Thu 9/9/21
Fri 12/3/21
27
Procure Steel Purlins
60 d
Thu 9/23/21
Fri 12/17/21
28
Procure Wood Trusses
60 d
Thu 9/23/21
Fri 12/17/21
29
Procurement Complete
0 d
Fri 12/17/21
Fri 12/17/21
30
Building Construction
183 d
Wed 8/11/21
Fri 4/29/22
31
Construction Start
0 d
Wed 8/11/21
Wed 8/11/21
32
Abatement
15 d
Wed 8/11/21
Tue 8/31/21
33
NESHAP Submittal
10 d
Wed 8/11/21
Tue 8/24/21
34
Asbestos Abatement
5 d
Wed 8/25/21
Tue 8/31/21
35
Demolition Approval
0 d
Tue 8/31/21
Tue 8/31/21
36
Building Demolition
24 d
Tue 8/31/21
Tue 10/5/21
37
Start Building Demo
0 d
Tue 8/31/21
Tue 8/31/21
38
Make-Safe MPE
2 d
Wed 9/1/21
Thu 9/2/21
39
Install Interior Structural Shoring
5 d
Fri 9/3/21
Fri 9/10/21
9/8
12/17
8/11
8/31
8/31
W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M
Aug 9, '2 Aug 23, Sep 6, '2 Sep 20, ' Oct 4, '2 Oct 18, '2Nov 1, '2 Nov 15, Nov 29, Dec 13, ' Dec 27, ' Jan 10, '2Jan 24, '2Feb 7, '2 Feb 21, ' Mar 7, '2 Mar 21, ' Apr 4, '22Apr 18, '2M
Baseline Milestone
Baseline Summary
Task
Milestone
Summary
Critical Tasks
Critical
Baseline
Attachment D
El Mirage Fire Station to Library Coversion 95 DD Schedule
Page 1 of 4
Exhibit C.2 – Baseline Project Schedule
Page 1 of 3
City of El Mirage - Library Remodel / Relocation
Date: 06/16/21
ID
Task Name
Duration
Start
Finish
40
Demo Interior & Structural Walls, Partial Concrete
7 d
Wed 9/8/21
Thu 9/16/21
41
Demo Interior OH Doors
4 d
Wed 9/15/21
Mon 9/20/21
42
Demo Interior MP&E
7 d
Wed 9/15/21
Thu 9/23/21
43
Demo Interior Structural Footings
5 d
Fri 9/24/21
Thu 9/30/21
44
Demo Exterior Walls,Openings,Roofing, Soffits and
8 d
Fri 9/24/21
Tue 10/5/21
45
Building Demo Complete
0 d
Tue 10/5/21
Tue 10/5/21
46
Site Demolition
12 d
Fri 9/10/21
Tue 9/28/21
47
Start Site Demo
0 d
Fri 9/10/21
Fri 9/10/21
48
Relocation of Existing Landscape
2 d
Mon 9/13/21
Tue 9/14/21
49
Sawcut & Remove Existing Asphalt
7 d
Mon 9/13/21
Tue 9/21/21
50
Demo Existing Grease Interceptor
3 d
Thu 9/16/21
Mon 9/20/21
51
Sawcut & Remove Existing Concrete,Drives, etc.
6 d
Mon 9/20/21
Mon 9/27/21
52
Demo Exist. Masonry Screen Walls
2 d
Wed 9/22/21
Thu 9/23/21
53
Demo & Remove Existing Wet Utilities
3 d
Fri 9/24/21
Tue 9/28/21
54
Demo & Remove Existing Dry Utilities
3 d
Fri 9/24/21
Tue 9/28/21
55
Site Demo Complete
0 d
Tue 9/28/21
Tue 9/28/21
56
Sitework/Utilities
60 d
Wed 9/29/21
Thu 12/23/21
57
Survey Bldg. Pad
1 d
Wed 9/29/21
Wed 9/29/21
58
Rough Grade Site
2 d
Thu 9/30/21
Fri 10/1/21
59
Fine Grade Bldg. Pad
1 d
Mon 10/4/21
Mon 10/4/21
60
Bldg. Pad Certification
1 d
Tue 10/5/21
Tue 10/5/21
61
Survey Site Utilities/Bldg.
1 d
Wed 10/6/21
Wed 10/6/21
62
Install 4" & 2" Sewer
6 d
Thu 10/7/21
Thu 10/14/21
63
Install 2" Domestic Water
6 d
Fri 10/15/21
Fri 10/22/21
64
Install 4" & 8" Fireline
10 d
Fri 10/15/21
Thu 10/28/21
65
Install Site Elect. R.I.
10 d
Mon 10/25/21
Fri 11/5/21
66
UG Utilities Complete
0 d
Fri 11/5/21
Fri 11/5/21
67
Grade for Curb & Gutter
3 d
Mon 11/22/21
Wed 11/24/21
68
Install Landscape Sleeves
1 d
Tue 11/23/21
Tue 11/23/21
69
Form & Pour Curb & Gutter,Drives, etc.
10 d
Wed 11/24/21
Thu 12/9/21
70
Install Hardscape
10 d
Fri 12/3/21
Thu 12/16/21
71
Install Paving,Striping,Signage etc.
5 d
Fri 12/17/21
Thu 12/23/21
72
Sitework Complete
0 d
Thu 12/23/21
Thu 12/23/21
73
Foundation & Structure
67 d
Wed 10/6/21
Wed 1/12/22
74
Excavate, Pour, & Cure New Footings
7 d
Wed 10/6/21
Thu 10/14/21
75
Masonry Stemwalls
5 d
Thu 11/18/21
Wed 11/24/21
76
Sawcut & Trench Existing Slab
2 d
Thu 11/18/21
Fri 11/19/21
77
MP&E Rough - in
4 d
Mon 11/22/21
Mon 11/29/21
78
Back Fill & Slab Prep/ Pour Slab
4 d
Tue 11/30/21
Fri 12/3/21
79
Foundation Complete
0 d
Fri 12/3/21
Fri 12/3/21
10/5
9/10
9/28
11/5
12/23
12/3
W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M
Aug 9, '2 Aug 23, Sep 6, '2 Sep 20, ' Oct 4, '2 Oct 18, '2Nov 1, '2 Nov 15, Nov 29, Dec 13, ' Dec 27, ' Jan 10, '2Jan 24, '2Feb 7, '2 Feb 21, ' Mar 7, '2 Mar 21, ' Apr 4, '22Apr 18, '2M
Baseline Milestone
Baseline Summary
Task
Milestone
Summary
Critical Tasks
Critical
Baseline
Attachment D
El Mirage Fire Station to Library Coversion 95 DD Schedule
Page 2 of 4
Page 2 of 3
Exhibit C.2 – Baseline Project Schedule
City of El Mirage - Library Remodel / Relocation
Date: 06/16/21
ID
Task Name
Duration
Start
Finish
80
Masonry Walls & Columns
12 d
Mon 12/6/21
Tue 12/21/21
81
Gabion Piers
5 d
Wed 12/22/21
Wed 12/29/21
82
Install Structural Steel Columns and Beams
3 d
Wed 12/15/21
Fri 12/17/21
83
Install Imbeds & Ledger Material
3 d
Thu 12/16/21
Mon 12/20/21
84
Install New Trusses
5 d
Tue 12/21/21
Tue 12/28/21
85
Install Roof Decking
5 d
Wed 12/29/21
Wed 1/5/22
86
Dry-in Building
5 d
Thu 1/6/22
Wed 1/12/22
87
Building Dried -In Complete
0 d
Wed 1/12/22
Wed 1/12/22
88
Interior Frame & Finishes
69 d
Tue 1/4/22
Fri 4/8/22
89
Interior OH MP&E Rough -Ins
7 d
Tue 1/4/22
Wed 1/12/22
90
Interior Wall Furring & Framing
7 d
Thu 1/6/22
Fri 1/14/22
91
Framing Complete
0 d
Fri 1/14/22
Fri 1/14/22
92
Plumbing and Electrical Wall Rough-in
8 d
Wed 1/12/22
Fri 1/21/22
93
Hang Drywall One Side
5 d
Mon 1/24/22
Fri 1/28/22
94
Wall Insulation
2 d
Mon 1/31/22
Tue 2/1/22
95
Close Up Drywall
5 d
Wed 2/2/22
Tue 2/8/22
96
Tape & Texture
6 d
Wed 2/9/22
Wed 2/16/22
97
Drywall Complete
0 d
Wed 2/16/22
Wed 2/16/22
98
Paint
4 d
Thu 2/17/22
Tue 2/22/22
99
Wall MP&E Trim
6 d
Wed 2/23/22
Wed 3/2/22
100
Install Ceiling Grid
4 d
Thu 3/3/22
Tue 3/8/22
101
Cloud Suspension System
4 d
Wed 3/9/22
Mon 3/14/22
103
Cloud SS Drywall & Paint
1 d
Tue 3/15/22
Tue 3/15/22
104
Install Wood Tile Suspended Ceiling Syst.
4 d
Tue 3/15/22
Fri 3/18/22
105
Install Wood Tiles
2 d
Mon 3/21/22
Tue 3/22/22
106
MP&E Ceiling Trim
7 d
Wed 3/9/22
Thu 3/17/22
107
Drop Ceiling Tile
4 d
Fri 3/18/22
Wed 3/23/22
108
Hang Doors & Hardware Install
4 d
Tue 3/22/22
Fri 3/25/22
109
Install Casework
5 d
Tue 3/22/22
Mon 3/28/22
110
Install Flooring
6 d
Tue 3/29/22
Tue 4/5/22
111
Test & Balance
3 d
Wed 4/6/22
Fri 4/8/22
112
Interior Finishes Complete
0 d
Fri 4/8/22
Fri 4/8/22
113
Punch List & Closeout
15 d
Fri 4/8/22
Fri 4/29/22
114
Substantial Completion
0 d
Fri 4/8/22
Fri 4/8/22
115
CORE Completion List
5 d
Mon 4/11/22
Fri 4/15/22
116
Owner Punch
2 d
Mon 4/18/22
Tue 4/19/22
117
Complete Owner Punch
10 d
Mon 4/18/22
Fri 4/29/22
118
Construction Complete
0 d
Fri 4/29/22
Fri 4/29/22
1/12
1/14
2/16
4/8
4/8
W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M
Aug 9, '2 Aug 23, Sep 6, '2 Sep 20, ' Oct 4, '2 Oct 18, '2Nov 1, '2 Nov 15, Nov 29, Dec 13, ' Dec 27, ' Jan 10, '2Jan 24, '2Feb 7, '2 Feb 21, ' Mar 7, '2 Mar 21, ' Apr 4, '22Apr 18, '2M
Baseline Milestone
Baseline Summary
Task
Milestone
Summary
Critical Tasks
Critical
Baseline
Attachment D
El Mirage Fire Station to Library Coversion 95 DD Schedule
Page 3 of 4
Page 3 of 3
Exhibit C.2 – Baseline Project Schedule
City of El Mirage - Library Remodel / Relocation
Date: 06/16/21
47
EXHIBIT D
GMP SPECIFICATIONS
1. See attached Exhibit D – Enumeration of Specifications on which the GMP is
based, dated 05/26/21, 2 pages.
Exhibit D -
Enumeration Of GMP
Specifications Documents
City of El Mirage
El Mirage Library Remodel / Relocation
CD 100%
26 May 2021
Specification/
Drawing
Description
Spec Date
Stamp Date
CORE Received Date
Revision
Color
Table of Contents
Special Provisions
26-May-21
26-May-21
26-May-21
None
White
Geotechnical Report
26-May-21
26-May-21
26-May-21
None
White
Asbestos Report
26-May-21
26-May-21
26-May-21
None
White
Division 01
General Requirements
000115 List of Drawing Sheets
26-May-21
26-May-21
26-May-21
None
White
011010 Summary of Work
26-May-21
26-May-21
26-May-21
None
White
012100 Allowances
26-May-21
26-May-21
26-May-21
None
White
012600 Contract Modification Procedures
26-May-21
26-May-21
26-May-21
None
White
012900 Payment Procedures
26-May-21
26-May-21
26-May-21
None
White
013100 Project Management and Coordination
26-May-21
26-May-21
26-May-21
None
White
013200 Construction Progress Documentation
26-May-21
26-May-21
26-May-21
None
White
013300 Submittal Procedures
26-May-21
26-May-21
26-May-21
None
White
014000 Quality Requirements
26-May-21
26-May-21
26-May-21
None
White
014200 References
26-May-21
26-May-21
26-May-21
None
White
016000 Product Requirements
26-May-21
26-May-21
26-May-21
None
White
017300 Execution
26-May-21
26-May-21
26-May-21
None
White
017700 Closeout Procedures
26-May-21
26-May-21
26-May-21
None
White
017839 Project Record Documents
26-May-21
26-May-21
26-May-21
None
White
Division 02
Existing Conditions/Site
Division 03
Concrete
033000 Cast-in-Place Concrete
26-May-21
26-May-21
26-May-21
None
White
Division 04
Masonry
042000 Unit Masonry
26-May-21
26-May-21
26-May-21
None
White
Division 05
Metals
055000 Metal Fabrications
26-May-21
26-May-21
26-May-21
None
White
Division 06
Wood, Plastics, and Composites
061000 Rough Carpentry
26-May-21
26-May-21
26-May-21
None
White
061600 Sheathing
26-May-21
26-May-21
26-May-21
None
White
061753 Shop Fabricated Wood Trusses
064116
Plastic-Laminate-Faced Architectural
Cabinets
26-May-21
26-May-21
26-May-21
None
White
Division 07
Thermal and Moisture Protection
070150 Thermal Insulation
071750
Transparent, Water-Based, Concretemasonry
Sealer
072100 Thermal Insulation
26-May-21
26-May-21
26-May-21
None
White
072140 CMU Insulation
26-May-21
26-May-21
26-May-21
None
White
073213 CMU Insulation
26-May-21
26-May-21
26-May-21
None
White
076200 Clay Roof Tiles
26-May-21
26-May-21
26-May-21
None
White
077100 Roof Specialties
26-May-21
26-May-21
26-May-21
None
White
079200 Joint Sealants
26-May-21
26-May-21
26-May-21
None
White
Division 08
Openings
081113 Hollow Metal Doors and Frames
26-May-21
26-May-21
26-May-21
None
White
085113 Aluminum Storefront
26-May-21
26-May-21
26-May-21
None
White
087100 Door Hardware
26-May-21
26-May-21
26-May-21
None
White
087101 Hardware Sets
26-May-21
26-May-21
26-May-21
None
White
082000 Wood Doors
26-May-21
26-May-21
26-May-21
None
White
088000 Glazing
26-May-21
26-May-21
26-May-21
None
White
Division 09
Finishes
092216 Non-Structural Metal Framing
26-May-21
26-May-21
26-May-21
None
White
092400 Portland Cement Plastering
26-May-21
26-May-21
26-May-21
None
White
092900 Gypsum Board
26-May-21
26-May-21
26-May-21
None
White
093013 Ceramic Tiling
26-May-21
26-May-21
26-May-21
None
White
095113 Acoustical Panel Ceilings
26-May-21
26-May-21
26-May-21
None
White
096513 Resilient Base and Accessories
26-May-21
26-May-21
26-May-21
None
White
096519 Resilient Tile Flooring
26-May-21
26-May-21
26-May-21
None
White
096813 Tile Carpeting
26-May-21
26-May-21
26-May-21
None
White
099000 Exterior Painting and Coatings
26-May-21
26-May-21
26-May-21
None
White
099000 Interior Paints and Coatings
26-May-21
26-May-21
26-May-21
None
White
099300 Staining and Transparent Finishes
26-May-21
26-May-21
26-May-21
None
White
Division 10
Specialties
26-May-21
26-May-21
26-May-21
None
White
PROJECT MANUAL
Page 1 of 2
Exhibit D -
Enumeration Of GMP
Specifications Documents
City of El Mirage
El Mirage Library Remodel / Relocation
CD 100%
26 May 2021
Specification/
Drawing
Description
Spec Date
Stamp Date
CORE Received Date
Revision
Color
102800 Bath Accessories
26-May-21
26-May-21
26-May-21
None
White
104400 Fire Protection Specialties
26-May-21
26-May-21
26-May-21
None
White
Division 11
Equipment
Division 12
Furnishings
123661 Solid Surfacing Countertops
26-May-21
26-May-21
26-May-21
None
White
Division 13
Special Construction
Division 14
Conveying Equipment
Division 21
Fire Suppression
Division 22
Plumbing
Division 23
Heating, Ventilating, and Air Conditioning
Division 25
Integrated Automation
Division 26
Electrical
Division 27
Communications
Division 28
Electronic Safety and Security
Division 31
Earthwork
313116 Termite Control
26-May-21
26-May-21
26-May-21
None
White
Division 32
Utilities
Addendums
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
None.
ADDENDUMS
Page 2 of 2
48
EXHIBIT E
GMP CLARIFICATIONS, INCLUSIONS & EXCLUSIONS
1. See attached Exhibit E – Basis of GMP (Clarifications, Inclusions & Exclusions on
which the GMP is based), dated 06/16/21, 7 pages.
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 1 of 7
The Basis of GMP is a written explanation clarifying the scope, assumptions and exclusions used in establishing the
GMP dated June 16, 2021.
All costs are based on CORE’s incorporation of the scope shown on the 5/26/21 100% Set of construction documents
(as per Exhibits D & G – Enumeration of Documents) and the scope clarifications below.
ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS
Schedule
•
As per Exhibit C.2 - Baseline Project Schedule.
Contingency
•
CM@Risk’s Contingency of 3% ($64,500 direct cost) is included in this GMP – CMAR’s Contingency is intended
to be used at CORE’s discretion to cover costs that have not been identified as a trade specific scope on the
GMP setting documents and may require further clarification or coordination. These costs may include scope
gap, coordination issues between trades, and missed scope during the subcontractor bidding process.
Construction Contingency does not account for design revisions or additional scope requests made by the
Owner or Architect.
Allowances
•
“Allowances” are considered to be an allotted sum of money included for a particular system or scope of work
for which sufficient detail is not available to determine a definitive cost. A reasonable estimate for an assumed
scope and quality is included as a placeholder. The Owner receives the savings for any amount under the
allocation and is responsible for any amount over the allocation. We have included the “Allowances” listed
below:
1. Escalation Allowance of ($15,815 direct cost) – is included in this GMP – Escalation allowance is intended
to be used to mitigate increases in material and labor costs during the design and construction phases.
2. Material Testing/Special Inspections Allowance of ($21,346 direct cost) – is included in this GMP –
Material Testing and Special Inspections allowance is intended to be used to cover the costs of material
testing and special inspections as required per the construction documents.
3. Landscaping & Irrigation Allowance of ($50,594 direct cost) – is included in this GMP – Landscaping and
Irrigation allowance is intended to be used to cover the costs of landscape design and landscape and
irrigation installation based on the resulting design. Included in this allowance is $1,500 to cover the
costs of CORE hiring a landscape architect.
Alternates
•
N/A.
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 2 of 7
General Assumptions
•
This budget GMP is valid for 45 days.
•
Any cost savings from approved value engineering after executed GMP will be added to the CMAR’s
Contingency.
•
CORE has not included any costs for building permit, mechanical/electrical/plumbing permits. We have included
a Dust permit and NESHAP for the demo.
•
We assume normal working hours.
•
This budget GMP includes all costs related to warranty as required in the contract.
•
This GMP is considered a GMP, not line-item GMP.
•
We acknowledge the following Geotechnical Report issued by Speedie and Associates:
•
Geotechnical Report 202557SA dated February 4, 2021
•
There are no Addenda issued for this project.
•
Normal shrinkage cracking of the slab is expected and shall not be cause for removal or replacement of
structurally sound slabs
•
CORE does not recommend or endorse any specific topical vapor moisture barrier as they have proven to
promote Alkaline Silica Reaction (ASR). In addition, CORE does not recommend installation of an under-slab
vapor barrier at areas where polished or sealed concrete will be the finished product. It is our experience that
using an under-slab vapor barrier will contribute to slab curling which will affect the final appearance on concrete
grinding, especially for “salt-and-pepper” light aggregate exposure finish.
•
CORE has not included any existing relocation or new off-site street lighting, Fire Department crossing lighting,
or other off-site improvements.
•
The following agreed to hourly rates will be used to determine and define “Actual Costs”. The Actual Costs for
each of the agreed to rates includes all normal and customary payroll paid by the Contractor plus all fringe
benefits, taxes and insurances.
Standard Rate
Overtime
Rate
Pre-Construction:
Director of Preconstruction
127
-
Preconstruction Manager
106
-
Preconstruction Coordinator
69
-
Project Management:
Project Director
132
-
Sr. Project Manager
121
-
Project Manager
106
-
Asst. Project Manager
95
-
Scheduler
102
-
Virtual Construction Director
127
Virtual Construction Manager
99
Construction Coordinator
69
-
Project Accountant
69
-
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 3 of 7
Specific Exclusions to GMP
a.
FF&E - Furniture, Fixtures, and Equipment (book drop and gun locker by Owner)
b. FRP
c.
Window Coverings
d. Residential Appliances
e. Special Systems other than Fire Alarm
f.
Monument Sign
g. The following are excluded and assumed to be by Owner or Owner’s vendor:
o
Basketball equipment
o
Salvage and Relocation of any existing equipment or furnishings
o
Visual Display Boards
o
Data Cabling & Related Equipment (Pathway by CORE as shown)
o
Security and Access Control Systems (Rough-in by CORE as shown)
o
Audio and Video Equipment of any kind including Monitors, Smart Boards, Projectors
o
HVAC DDC Controls Systems – none shown
o
Delivery and Installation of all above
Other Scope Specific Assumptions and Clarifications:
LINE ITEM 1 | Demolition
1.
We have included demolition of CMU on north side of building for new window openings.
2. We have included a NESHAP permit for structural demolition.
3. We have NOT included removal of existing gas meter. Assumed by Gas Utility Company
4. We have NOT included removal of any trees on the property.
5. We have included demolition of existing electrical poles and lights in the parking lot.
Contracts Administrator
69
-
Information Systems Technician
74
-
Intern
28
42
Field Operations:
Director of Field Operations
139
-
Sr. Superintendent
121
-
Superintendent
106
-
Asst. Superintendent
83
-
Safety Director
92
-
Carpenters
69
104
Water Truck Driver
69
104
Painters
69
104
Laborers
63
94
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 4 of 7
LINE ITEM 2 | Hazardous Material Abatement
1.
We have included remediation of asbestos at mirrors in gym.
LINE ITEM 6 | Survey & Staking
1.
We have NOT included survey work at east portion of site outside of construction boundary
LINE ITEM 7 | Earthwork & Paving
1.
We have included patch back of asphalt at street for new water line
2. We have included a seal coat of existing AC paving on site.
3. We have included SWPPP plan and implementation.
4. We have included patch back of asphalt paving at trenching for new light poles.
LINE ITEM 11 | Soil Treatment
1.
We have included termite treatment at the new building pad and under the new slab on grade inside the existing
apparatus bay.
LINE ITEM 14 | Site Signage & Striping
1.
We have NOT included:
o
Red painted curbs, stencils, and signage at the fire lane.
LINE ITEM 19 | Site Concrete
1.
We have NOT included:
o
Repair work at the basketball court
o
Colored concrete
2. We have included (4) new light pole bases in the parking lot.
LINE ITEM 24 | Site Furnishings
1.
We have included:
o
Knox Box
o
Bike Racks
2. We have NOT included:
o
Drive-up Book Return Facility
o
Gun Locker
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 5 of 7
LINE ITEM 27 | Building Concrete
1.
We have included pour back of MEP trenches inside building
2. We have included vapor barrier under areas receiving flooring products. No vapor barrier will be installed at sealed
concrete areas.
LINE ITEM 28 | Structural Masonry
1.
We have included:
o
Integral Water Repellent in CMU at new addition.
2. We have NOT included integrally colored masonry block
LINE ITEM 33 | Rough Carpentry
1.
We have included:
o
½” CDX Plywood roof sheathing at outer 2 feet of roof at existing roof
o
½” CDX Plywood roof sheathing along center parapet wall
o
½” OSB Plywood Sheathing plate at perimeter fascia
o
Backing and blocking
LINE ITEM 38 | Insulation
1.
We have included sound batt insulation above restroom ceilings.
LINE ITEM 39 | Aluminum Frames / Entrances
1.
We have included medium bronze finish on all aluminum frames and doors.
2. Sunshades at Type A Windows
LINE ITEM 47 | Tile Roofing
1.
We have included new roof tile at all locations not receiving salvaged existing roof tile.
LINE ITEM 61 | Painting
1.
We have included:
o
CMU sealant at exterior and interior exposed CMU block.
o
Sealer at exterior steel canopies
o
Rusted finish at exterior steel canopies.
2. We have NOT included painting the stucco as it will be integrally colored.
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 6 of 7
LINE ITEM 62 | Acoustical Ceilings
1.
We have NOT included acoustical wall panels. None shown.
LINE ITEM 65 | Flooring package
1.
We have included a topical moisture barrier at all existing concrete slab to receive new flooring.
LINE ITEM 66 | Concrete Sealing
1.
We have included: sealed concrete at the IT, Electrical, and Fire/Mechanical rooms, and Janitor’s closet.
2. We have NOT included: integrally colored concrete or concrete stain.
LINE ITEM 73 | Signage Package
1.
We have included:
o
ADA compliant room signage
o
ADA compliant restroom signage
o
Fire Riser Room Sign
o
Electrical Room Sign
o
Aluminum Letters at the Circulation Desk – “WELCOME”
o
Aluminum Letters for address – “13513”
o
Aluminum Letters at the West Building Elevation – “EL MIRAGE LIBRARY”
o
Occupancy Sign at the Programming Room
2. We have NOT included an exterior monument sign
LINE ITEM 75 | Toilet Partitions & Accessories
1.
We have included (2) each of the following:
o
42” Grab Bar
o
36” Grab Bar
o
18” Vertical Grab Bar
o
Toilet Paper Dispenser
o
Toilet Seat Cover Dispenser
o
24”x36” Stainless Steel Mirror
o
Soap Dispenser
o
Paper Towel Dispenser
2. We have included one Stainless Shelf with Mop Holder in the Janitor’s Closet
Exhibit E – Basis of GMP
CoEM - El Mirage Library Remodel / Relocation
El Mirage, Arizona
June 16, 2021
Page 7 of 7
LINE ITEM 77 | Wall Protection & Corner Guards
1.
We have NOT included stainless steel corner guards at high traffic locations. None shown.
2. We have included stainless steel wall panels behind the mop sink in the janitor’s closet
3. We have NOT included FRP in the janitor’s closet.
LINE ITEM 86 | Residential Appliances
1.
We have NOT included residential appliances. Assumed by Owner.
LINE ITEM 97 | Fire Sprinkler Systems
1.
We have included a full wet-pipe sprinkler system
2. We have NOT included fire sprinkler at canopies. Not required by code.
LINE ITEM 102 | Electrical Systems
1.
We have included:
o
Recessed light fixtures at the soffit in the Program Room
2. We have included new exterior light poles/fixtures.
49
EXHIBIT G
CONSTRUCTION DOCUMENTS
1. See attached Exhibit G – Enumeration of Drawing on which the GMP is based,
dated 05/26/21, 2 pages.
Exhibit G -
Enumeration Of GMP
Construction Documents
City of El Mirage
El Mirage Library Remodel / Relocation
CD 100%
26 May 2021
Specification/
Drawing
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
General
G000
Cover Sheet/General Notes
26-May-21
26-May-21
26-May-21
None
White
Civil
C001
Cover Sheet
26-May-21
26-May-21
26-May-21
None
White
C002
General Notes
26-May-21
26-May-21
26-May-21
None
White
C003
Details
26-May-21
26-May-21
26-May-21
None
White
C004
Demolition Plan
26-May-21
26-May-21
26-May-21
None
White
C005
Horizontal Control Plan
26-May-21
26-May-21
26-May-21
None
White
C006
Grading & Drainage Plan
26-May-21
26-May-21
26-May-21
None
White
C007
Utility Plan
26-May-21
26-May-21
26-May-21
None
White
Architectural
A000
Demo Site Plan
26-May-21
26-May-21
26-May-21
None
White
A001
Site Plan
26-May-21
26-May-21
26-May-21
None
White
A011
Site Details
26-May-21
26-May-21
26-May-21
None
White
A012
Mechanical Yard Details
26-May-21
26-May-21
26-May-21
None
White
A101
Code Floor Plan
26-May-21
26-May-21
26-May-21
None
White
A200
Demo Floor Plan
26-May-21
26-May-21
26-May-21
None
White
A201
Floor Plan
26-May-21
26-May-21
26-May-21
None
White
A202
Furniture Plan
26-May-21
26-May-21
26-May-21
None
White
A210
Enlarged Restoom Plan
26-May-21
26-May-21
26-May-21
None
White
A211
Floor Plan Details
26-May-21
26-May-21
26-May-21
None
White
A212
Metal Stud Details
26-May-21
26-May-21
26-May-21
None
White
A221
Wall Types
26-May-21
26-May-21
26-May-21
None
White
A300
Demo Reflected Ceiling Plan
26-May-21
26-May-21
26-May-21
None
White
A301
Reflected Ceiling Plan
26-May-21
26-May-21
26-May-21
None
White
A311
Reflected Ceiling Plan Details
26-May-21
26-May-21
26-May-21
None
White
A400
Demo Roof Plan
26-May-21
26-May-21
26-May-21
None
White
A401
Roof Plan
26-May-21
26-May-21
26-May-21
None
White
A411
Roof Details
26-May-21
26-May-21
26-May-21
None
White
A500
Demo Building Elevations
26-May-21
26-May-21
26-May-21
None
White
A501
Demo Building Elevations
26-May-21
26-May-21
26-May-21
None
White
A502
Building Elevations
26-May-21
26-May-21
26-May-21
None
White
A503
Building Elevations
26-May-21
26-May-21
26-May-21
None
White
A511
Exterior Details
26-May-21
26-May-21
26-May-21
None
White
A521
Building Sections
26-May-21
26-May-21
26-May-21
None
White
A522
Building Sections
26-May-21
26-May-21
26-May-21
None
White
A601
Wall Sections
26-May-21
26-May-21
26-May-21
None
White
A701
Casework Elevations and Sections
26-May-21
26-May-21
26-May-21
None
White
A702
Casework Elevations and Sections
26-May-21
26-May-21
26-May-21
None
White
A703
Casework Elevations and Sections
26-May-21
26-May-21
26-May-21
None
White
A801
Door and Frame Schedule
26-May-21
26-May-21
26-May-21
None
White
A802
Door and Frame Types
26-May-21
26-May-21
26-May-21
None
White
A811
Door and Frame Details
26-May-21
26-May-21
26-May-21
None
White
A812
Door and Frame Details
26-May-21
26-May-21
26-May-21
None
White
A901
Finish Plan
26-May-21
26-May-21
26-May-21
None
White
A902
Finish Schedule
26-May-21
26-May-21
26-May-21
None
White
Structual
S100
General Structural Notes and I.O.D.
26-May-21
26-May-21
26-May-21
None
White
S101
Typical Details
26-May-21
26-May-21
26-May-21
None
White
S102
Typical Details
26-May-21
26-May-21
26-May-21
None
White
S103
Schedules
26-May-21
26-May-21
26-May-21
None
White
S200
Foundation Plan
26-May-21
26-May-21
26-May-21
None
White
S201
Roof Framing Plan
26-May-21
26-May-21
26-May-21
None
White
S300
Sections and Details
26-May-21
26-May-21
26-May-21
None
White
S400
Sections and Details
26-May-21
26-May-21
26-May-21
None
White
Mechanical
M002
Mechanical Floor Plan
26-May-21
26-May-21
26-May-21
None
White
M003
Mechanical Schedules & Details
26-May-21
26-May-21
26-May-21
None
White
M004
Mechanical Specifications
26-May-21
26-May-21
26-May-21
None
White
Plumbing
P100
Plumbing Demo Floor Plan
26-May-21
25-May-21
26-May-21
None
White
P200
Plumbing Floor Plan
26-May-21
25-May-21
26-May-21
None
White
DRAWINGS
Page 1 of 2
Exhibit G -
Enumeration Of GMP
Construction Documents
City of El Mirage
El Mirage Library Remodel / Relocation
CD 100%
26 May 2021
Specification/
Drawing
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
P300
Plumbing Diagrams & Details
26-May-21
25-May-21
26-May-21
None
White
P400
Plumbing Schedules & Specifications
26-May-21
25-May-21
26-May-21
None
White
Electrical
E000
Electrical Notes, Symbols & Abbreviations
26-May-21
26-May-21
26-May-21
None
White
E001
Electrical Specifications
26-May-21
26-May-21
26-May-21
None
White
E003
Electrical Lighting Plan
26-May-21
26-May-21
26-May-21
None
White
E004
Electrical Power Plan
26-May-21
26-May-21
26-May-21
None
White
E005
Electrical HVAC Power Plan
26-May-21
26-May-21
26-May-21
None
White
E006
Electrical One Line Diagram
26-May-21
26-May-21
26-May-21
None
White
E007
Electrical Schedules
26-May-21
26-May-21
26-May-21
None
White
E020
Electrical Site Plan
26-May-21
26-May-21
26-May-21
None
White
E021
Photometry Site Plan
26-May-21
26-May-21
26-May-21
None
White
E022
Lighting Cutsheets
26-May-21
26-May-21
26-May-21
None
White
Addendums
Description
Drawing Date
Stamp Date
CORE Received Date
Revision
Color
None.
ADDENDUMS
Page 2 of 2