Amendment No. 1 to Agreement with MGC Contractors, Inc.
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City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
Project Name: West Area WRF Improvements-HVAC Improvements-GMP1
Project No.:
222348.2
Amendment No: 1
Date:
This Amendment to that certain Standard Form Agreement dated 1 by and between the City of Glendale and MGC
Contractors, Inc. (CM@Risk) for services, deliverables and work related to Project No. 222348.2, Project Name:
, (the “Agreement”) is made and entered into effective this day of , 2025.
1. This Amendment #1 establishes a Guaranteed Maximum Price (“GMP”) and Construction Phase Fee for
Construction Services and incorporates such terms into the Agreement, making the Agreement effective
for Construction Phase Services:
a.
The total fee for Construction Phase Services, which is included in the Guaranteed Maximum Price (GMP)
as defined under the Agreement, shall be fixed at Six Hundred Ninety-Six Thousand Eight Hundred Sixty-
Seven and 07/100 Dollars ($696,867.07). [INSERT ADDITIONAL LANGUAGE HERE IF PHASED
AGREEMENT.]
b. The Guaranteed Maximum Price (“GMP”) for Construction Services, as defined under the Agreement, shall
be Eleven Million Forty-Eight Thousand Four Hundred Eighty-Four and 43/100 Dollars ($11,048,484.43).
[INSERT ADDITIONAL LANGUAGE HERE IF PHASED AGREEMENT.]
c.
The total compensation under the Agreement, as amended by this Amendment, shall be:
Pre-Construction Phase
Construction Phase
Total
Original Agreement:
$2,329,657.64
$
$2,329,657.64
Previous Amendments:
$
$
$
This Amendment:
$
$11,048,484.43
$11,048,484.43
Total (including this
Amendment):
$2,329,657.64
$11,048,484.43
$13,378,142.07
2. DELETE the blank template “Exhibit C – Cost of the Work – Schedule of Values” from the Agreement,
and ADD “Exhibit C – MGC Contractors, Inc. Cost of the Work – Schedule of Values” dated 1/17/2025
(8 Pages), attached herein.
3. ADD “Exhibit E – Construction Documents necessary to define Scope of Work and deliverables for the
Construction Phase Services, including plans, designs, drawings, specifications and other required
Contract Documents” dated 2/24/2025 (9 Pages), attached herein.
4. ADD “Exhibit F - Statement of All Clarifications and Assumptions” dated 2/24/2025 (2 Pages), attached
herein.
5. ADD “Exhibit G – Schedule of Major Milestones” dated 2/25/2025 (2 Pages), attached herein.
6. All other provisions, terms and conditions of the Agreement shall remain unchanged and in full effect.
(Signature on following page)
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
EXHIBIT C
Cost of the Work
(One (1) page - template)
(8 pages - final document to be included with GMP Amendment )
SEE ATTACHED
The City of Glendale - GMP 1 Proposal - West Area WRF Improvements 2023 —Project No.222348.2
Construc3on Manager At Risk Contractor
Tab 3 -
Cost of Construc3on
COST OF CONSTRUCTION
Tab 3 -
Cost of Construc3on
4110 E. Elwood St. Phoenix, Arizona 85040 Telephone (602) 437-5000 Fax (602) 470-4000
License Numbers ROC069949 & ROC071441
February 24, 2025
The City of Glendale
5858 W. Glendale Ave.
Glendale, AZ 85301
Attn: PM Marty Soma
Re:
West Area WRF Improvements 2023
GMP 1 – HVAC Improvements – Rev 01
Dear Marty:
Per the information provided, we present this GMP 1 proposal for the West Area WRF Improvements - HVAC
Improvements Project. This GMP 1 proposal was based on the 100% IFC drawings and specifications provided
by Arcadis dated December 2024. The total work price is ($11,048,484.43) Eleven Million Forty-Eight
Thousand Four Hundred Eighty-Four Dollars and Forty-Three Cents. A further breakdown of the proposal and
quotations are attached. Bond, insurance, sales tax, and markup have been included. Please note the following
clarifications:
Included Scope:
• This proposal includes all HVAC improvements scope as described in the 100% design drawings and
specifications dated December 2024.
• Includes replacement of all existing equipment bolded in the H-4, H-5, and H-6 schedules. The
described sheets are shown in Tab 7 – Contract Drawings and Specifications.
• Includes new HVAC ductwork, piping, and accessories to replace equipment noted above as shown on
the 100% IFC drawings and specifications.
• New piping is included where necessary per the Harder Mechanical P&ID markup drawings included
in the Harder Mechanical proposal attached.
• Includes installation of new hangers (as needed) to accommodate new piping. Hangers are to be re-
used where possible.
• Includes a drain-down of the heating water system.
• Includes a drain-down of the chilled water system.
• Furnish new flushing shunts and flush new piping with house pumps. Water is assumed to be disposed
of in building sanitary system.
• Includes chemical treatment of new piping, based on 0% glycol.
• Includes new painting of the TWS/R piping. Other systems, equipment & insulation to be unpainted.
• Includes new adapter curbs for HVAC equipment being replaced on rooftops.
• Includes installation of new chillers on spring isolators. Pumps will be mounted directly to concrete to
match the existing condition.
• Includes insulation installation for CHWS/R, HWS/R with 1.5-inch to 2-inch fiberglass insulation.
NPW, TWS/R, drains, and all other systems to be uninsulated.
• Includes insulation installation on air separators and pumps for CHWS/R and HWS/R. Expansion
tanks, chillers, and other equipment will not be field insulated.
4110 E. Elwood St. Phoenix, Arizona 85040 Telephone (602) 437-5000 Fax (602) 470-4000
License Numbers ROC069949 & ROC071441
• Includes PVC jacketing for CHWS/R, HWS/R with color coding.
• Includes balancing of new equipment.
• Includes a two-year warranty on new work from substantial completion of each work area/phase, not
overall project completion.
• Includes a full in-kind replacement of the cooling tower and separator pump skid.
• Includes demolition of lab air compressor and pneumatic tubing.
• Includes pipe thickness testing of existing pipe.
• Includes asset tagging/barcoding of new equipment.
• Includes a full controls package as detailed in the attached Climatec proposal. This also includes
submittals, project management, control devices, installation labor, materials installation,
startup/check out and testing for proper operation, O&M’s, and customer training.
• Includes necessary demolition of existing power conduit and wiring to existing equipment, testing of
existing and new cabling, grounding, branch conduit with wire, and electrical contractor startup &
commissioning of new equipment.
• Includes a construction office for MGC personnel in addition to the three (3) City of Glendale
temporary use offices for the full duration of the project. The MGC office is thought to be placed near
the RAS/WAS building.
• Includes patch repair of roof membrane around new adapter curbs on rooftops. See Classic Roofing
quote.
• Includes hoisting of equipment on rooftops.
• New chiller water buffer tank has been included in this proposal as specified in drawing H00-10, H00-
13, and Specification Section 23 21 13-16 article 2.3 paragraph 0.
Allowances:
• An Owner’s Contingency of $435,542.00 has been included in this proposal at 5% of direct and indirect
costs. This has been included for use to cover any design changes that may be necessary throughout the
construction phase of this project.
• A Full Roof Membrane Replacement allowance of $584,348.00 has been included in this proposal. The
full scope of the roof membrane repair/replacement is unknown. This allowance is being included as an
option to be used at the City of Glendale’s discretion.
• A Temporary COG Offices allowance of $220,800.00 has been included for use to house any COG staff
that will be affected by the construction operations that will take place. This allowance is based on a 6-
month rental of three (3) 60’ x 12’ mobile offices that are quoted to come fully furnished for ease of
office transitions. This allowance value also includes the rental of a four (4) station bathroom and shower
trailer, hookups to water, sewer, and electrical. Detailed cut sheets of the trailers are provided in Tab 5
– General Conditions Details.
• A Replace Controls Wiring allowance of $79,126.00 has been included in this proposal for use if it is
determined that the existing control wiring needs replacement.
• An HVAC Duct Cleaning allowance of $121,664.00 has been included for use if it is determined that
4110 E. Elwood St. Phoenix, Arizona 85040 Telephone (602) 437-5000 Fax (602) 470-4000
License Numbers ROC069949 & ROC071441
the existing ducting requires cleaning.
• A Full Demolition of Steam Piping allowance of $7,503.00 has been included for use if it is determined
that the steam piping is required to be demolished.
• No Additional BABA Compliance Equipment allowance has been added. The BABA compliance
requirements has been removed from the scope of this project per the progress meeting held on 2/12/25.
• A Hazardous and Third-Party Testing allowance of $15,000.00 has been included to be used as the
project requires.
• A PLC Replacements allowance of $239,801.00 has been included at the request of City of Glendale for
the procurement installation of a new PLC system.
• A Concrete Pads allowance of $139,625.00 has been included for the demolition, forming, pouring, and
stripping of potential existing HVAC equipment pads needing replacement to accommodate new gear
and equipment. If required, MGC can reach out to subcontractors for competitive pricing on these pads
once a scope is defined.
• Insurance, Bond, Contractor’s Fee, General Conditions, and Sales Tax for Contingencies allowances
have been included in the Owner’s Contingency to be applied to Allowance Use Authorization requests.
These allowance values have been labeled Additional Contractor Markup on Contingencies within this
proposal.
• NOTE – All allowances will require written authorization by City of Glendale for use. All unused
allowances will be returned to the City of Glendale at the end of the project.
Thank you for the opportunity to be of service; if you have any questions, please do not hesitate to call.
Sincerely,
Wesley Forster
Project Manager
Date: 01/17/2025
Project Title:
AMOUNT
DIRECT COSTS
1.A
Cost of Construction - West Area WRF - HVAC Improvements - Phase 1
3,126,688.96
$
1.B
Cost of Construction - West Area WRF - HVAC Improvements - Phase 2
3,234,689.15
$
SUBTOTAL DIRECT COSTS
6,361,378.12
$
INDIRECT COSTS
CALCULATED
RATE:
A.1
4.08%
450,311.03
$
A.2
4.07%
449,448.00
$
B.
1.00%
87,108.38
$
C.
2.00%
174,216.77
$
D.
SUBTOTAL GENERAL CONDITIONS COSTS
1,161,084.18
$
E.
SUBTOTAL DIRECT AND INDIRECT COSTS
7,522,462.30
$
F.
8.00%
696,867.07
$
G.
SUBTOTAL DIRECT AND INDIRECT COSTS (INCLUDING FEE)
8,219,329.38
$
H.
Sales Tax (5.64% of I)
5.64%
491,509.06
$
8,710,838.43
$
J. Contingencies W/ Bond + Insurance
2,337,646.00
$
11,048,484.43
$
Phase #1 Total:
Phase #2 Total:
Owners Allowance:
$4,291,155.56
$4,419,682.88
$2,337,646.00
L. Total GMP Amount
WEST AREA WRF 2024 IMPROVEMENTS - HVAC IMPROVEMENTS - GMP 1
Project Number: 2222348.2
West Area WRF Improvements 2023 - HVAC Improvements
CONSTRUCTION SERVICES
General Conditions - Phase 1 (Excluding Bonds and Insurance)
Payment and Performance Bonds (1% of I)
Insurance (2% of I)
Construction Fee (Direct and Indirect Costs, 8% of I)
I. Direct & Indirect Cost Plus Sales Tax
General Conditions - Phase 2 (Excluding Bonds and Insurance)
Estimate ID #
Description
Qty
Unit
Unit Cost
Total
Labor Total
Materials Total
Owned Equip
Total
Rented
Equip
Total
Subcontract
Total
Supplies Total
Misc. Fee / Other
Total
Fee (8%)
Sales Tax
Insurance (2%)
Bond (1%)
01
Division 1 - General Requirements - Phase 01
1
LS
540,216.57
$
540,216.57
$
340,008.00
$
11,900.00
$
3,000.00
$
24,000.00
$
30,700.00
$
17,940.00
$
22,763.03
$
43,217.33
$
30,481.72
$
10,804.33
$
5,402.17
$
01.01.00
Project Staff & Temporary Facilities
6
Mo
90,036.10
$
540,216.57
$
340,008.00
$
11,900.00
$
3,000.00
$
24,000.00
$
30,700.00
$
17,940.00
$
22,763.03
$
43,217.33
$
30,481.72
$
10,804.33
$
5,402.17
$
02
Subcontractors & Suppliers
1
LS
3,750,938.98
$
3,750,938.98
$
-
$
-
$
-
$
-
$
3,126,688.96
$
-
$
-
$
300,075.12
$
211,646.73
$
75,018.78
$
37,509.39
$
02.01.00
HVAC Subcontractor
1
LS
3,352,159.03
$
3,352,159.03
$
-
$
-
$
-
$
-
$
2,794,275.96
$
-
$
-
$
268,172.72
$
189,145.57
$
67,043.18
$
33,521.59
$
02.02.00
Roofing Subcontractor
1
LS
116,960.08
$
116,960.08
$
-
$
-
$
-
$
-
$
97,495.00
$
-
$
-
$
9,356.81
$
6,599.47
$
2,339.20
$
1,169.60
$
02.03.00
Electrical Subcontractor
1
LS
281,819.87
$
281,819.87
$
-
$
-
$
-
$
-
$
234,918.00
$
-
$
-
$
22,545.59
$
15,901.69
$
5,636.40
$
2,818.20
$
02.05.00
Concrete Supplier (Moved to Concrete Allowance Item)
1
Ea
-
$
-
$
02.06.00
Rebar Supplier (Moved to Concrete Allowance Item)
1
LS
-
$
-
$
03
Self-Performed Work
1
LS
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
03.01.00
Concrete Work (Moved to Concrete Allowance Item)
2
Ea
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
4,291,155.56
$
340,008.00
$
11,900.00
$
3,000.00
$
24,000.00
$
3,157,388.96
$
17,940.00
$
22,763.03
$
343,292.44
$
242,128.45
$
85,823.11
$
42,911.56
$
Total Cost
Labor Total
Materials Total
Owned Equip. Total
Rental Equip. Total
Sub Total
Supplies Total
Misc. Fees Total
Fee Total
Sales Tax Total
Insurance Total
Bond Total
% of Total Cost
(01+02+03)
7.92%
0.28%
0.07%
0.56%
73.58%
0.42%
0.53%
8.00%
5.64%
2.00%
1.00%
01
Division 1 - General Requirements - Phase 02
1
LS
539,181.24
$
539,181.24
$
340,008.00
$
17,200.00
$
3,000.00
$
24,000.00
$
34,700.00
$
22,140.00
$
8,400.00
$
43,134.50
$
30,423.30
$
10,783.62
$
5,391.81
$
01.02.00
Project Staff & Temporary Facilities
6
Mo
89,863.54
$
539,181.24
$
340,008.00
$
17,200.00
$
3,000.00
$
24,000.00
$
34,700.00
$
22,140.00
$
8,400.00
$
43,134.50
$
30,423.30
$
10,783.62
$
5,391.81
$
02
Subcontractors & Suppliers
1
LS
3,657,155.21
$
3,657,155.21
$
-
$
-
$
-
$
-
$
3,048,513.15
$
-
$
-
$
292,572.42
$
206,354.98
$
73,143.10
$
36,571.55
$
02.01.00
HVAC Subcontractor
1
LS
3,235,183.58
$
3,235,183.58
$
-
$
-
$
-
$
-
$
2,696,768.15
$
-
$
-
$
258,814.69
$
182,545.23
$
64,703.67
$
32,351.84
$
02.02.00
Roofing Subcontractor (Included in Phase 1)
1
LS
-
$
-
$
02.03.00
Electrical Subcontractor
1
Ea
361,989.02
$
361,989.02
$
-
$
-
$
-
$
-
$
301,745.00
$
-
$
-
$
28,959.12
$
20,425.23
$
7,239.78
$
3,619.89
$
02.04.00
Ceiling Removal/Replace Subcontractor Allowance
1
LS
59,982.61
$
59,982.61
$
-
$
-
$
-
$
-
$
50,000.00
$
-
$
-
$
4,798.61
$
3,384.52
$
1,199.65
$
599.83
$
02.05.00
Concrete Supplier (Moved to Concrete Allowance Item)
1
LS
-
$
-
$
02.06.00
Rebar Supplier (Moved to Concrete Allowance Item)
1
LS
-
$
-
$
03
Self-Performed Work
1
LS
223,346.43
$
223,346.43
$
186,176.00
$
-
$
-
$
-
$
-
$
-
$
-
$
17,867.71
$
12,602.32
$
4,466.93
$
2,233.46
$
03.06.00
Concrete Work (Moved to Concrete Allowance Item)
2
Ea
-
$
-
$
03.18.00
Subcontractor Supervision (Included in Self-Perform Work)
32
Wk
6,979.58
$
223,346.43
$
186,176.00
$
-
$
-
$
-
$
-
$
-
$
-
$
17,867.71
$
12,602.32
$
4,466.93
$
2,233.46
$
4,419,682.88
$
526,184.00
$
17,200.00
$
3,000.00
$
24,000.00
$
3,083,213.15
$
22,140.00
$
8,400.00
$
353,574.63
$
249,380.61
$
88,393.66
$
44,196.83
$
Total Cost
Labor Total
Materials Total
Owned Equip. Total
Rental Equip. Total
Sub Total
Supplies Total
Misc. Fees Total
Fee Total
Sales Tax Total
Insurance Total
Bond Total
% of Total Cost
(01+02+03)
11.91%
0.39%
0.07%
0.54%
69.76%
0.50%
0.19%
8.00%
5.64%
2.00%
1.00%
04
Contingencies
1
LS
2,337,646.00
$
2,337,646.00
$
-
$
-
$
-
$
-
$
-
$
-
$
2,337,646.00
$
-
$
-
$
-
$
-
$
04.00.00
Owners Allowance
1
LS
2,337,646.00
$
2,337,646.00
$
-
$
-
$
-
$
-
$
-
$
-
$
2,337,646.00
$
11,048,484.43
$
866,192.00
$
29,100.00
$
6,000.00
$
48,000.00
$
6,240,602.12
$
40,080.00
$
2,368,809.03
$
696,867.07
$
491,509.06
$
174,216.77
$
87,108.38
$
Total Cost
Labor Total
Materials Total
Owned Equip. Total
Rental Equip. Total
Sub Total
Supplies Total
Misc. Fees Total
Fee Total
Sales Tax Total
Insurance Total
Bond Total
% of Total Cost
(01+02+03+04)
7.84%
0.26%
0.05%
0.43%
56.48%
0.36%
21.44%
6.31%
4.45%
1.58%
0.79%
West Area WRF - HVAC Improvements - GMP 1
Cost of Construction + CM@R Markups - Itemized Breakdown
PHASE 1 TOTALS
PHASE 2 TOTALS
GRAND TOTALS PHASE 1 & 2 +
CONTINGENCIES
WEST AREA WRF IMPROVEMENTS 2023
HVAC Improvements - GMP 1 Proposal_Rev 01
Project Number:
Contractor:
Date:
% of
Estimate ID #
Description
Total
Cost
Comments
00
Division 0 - Bidding and Contract Requirements
00.01.00
Fee (8% on Overall Total)
8.00%
696,867.07
$
00.02.00
Sales Tax (Overall Total) x 0.056425
5.64%
491,509.06
$
00.03.00
Insurance (Overall Total) x 2%
2.00%
174,216.77
$
00.04.00
Bond (Overall Total) x 1%
1.00%
87,108.38
$
00
Bidding and Contract Requirements Sub-Total
16.6%
1,449,701.29
$
01
Division 1 - General Requirements - Phase 01
01.01.00
Project Staff & Temporary Facilities
5.17%
450,311.03
$
01
Division 1 - General Requirements - Phase 02
01.02.00
Project Staff & Temporary Facilities
5.16%
449,448.00
$
01
General Requirements Sub-Total
10.3%
899,759.03
$
00 + 01
Sub-Total Indirect Costs
27.0%
2,349,460.32
$
02
Subcontractors & Suppliers
02
Subcontractors & Suppliers - Phase 01
02.01.00
HVAC Subcontractor
32.08%
2,794,275.96
$
Harder Mechanical
02.02.00
Roofing Subcontractor
1.12%
97,495.00
$
Classic Roofing
02.03.00
Electrical Subcontractor
2.70%
234,918.00
$
Swain Electric
02.05.00
Concrete Supplier (Moved to Concrete Allowance Item)
0.00%
-
$
02.06.00
Rebar Supplier (Moved to Concrete Allowance Item)
0.00%
-
$
02
Subcontractors & Suppliers - Phase 02
02.01.00
HVAC Subcontractor
30.96%
2,696,768.15
$
Harder Mechanical
02.02.00
Roofing Subcontractor (Included in Phase 1)
0.00%
-
$
02.03.00
Electrical Subcontractor
3.46%
301,745.00
$
Swain Electric
02.04.00
Ceiling Removal/Replace Subcontractor Allowance
0.57%
50,000.00
$
02.05.00
Concrete Supplier (Moved to Concrete Allowance Item)
0.00%
-
$
02.06.00
Rebar Supplier (Moved to Concrete Allowance Item)
0.00%
-
$
02
Subcontractors & Suppliers Sub-Total
70.9%
6,175,202.12
$
03
Self-Performed Work
03
Phase 01 Work
03.01.00
Concrete Work (Moved to Concrete Allowance Item)
0.00%
-
$
03
Phase 02 Work
03.02.00
Concrete Work (Moved to Concrete Allowance Item)
0.00%
-
$
03.03.00
Subcontractor Supervision (Included in Self-Perform Work)
2.14%
186,176.00
$
03
Self-Performed Work Sub-Total
2.1%
186,176.00
$
02 + 03
Sub-Total Direct Costs
73.0%
6,361,378.12
$
00 + 01 + 02 + 03
Overall Total of Indirect & Direct Costs
8,710,838.43
$
23456
MGC Contractors Inc.
24-Feb-25
Construction Indirect Costs Summary
Direct Costs
Indirect Costs
WEST AREA WRF IMPROVEMENTS 2023
HVAC Improvements - GMP 1 Proposal_Rev 01
Project Number:
Contractor:
Date:
% of
23456
MGC Contractors Inc.
24-Feb-25
04
Contingencies
04.01.00
Owners Contingency (5% of Total)
5.00%
435,542.00
$
04.02.00
Full Roof Replacements
6.71%
584,348.00
$
See Classic Roofing Quote
04.03.00
Temporary COG Offices (3 Offices+Shower @ 6 months)
2.53%
220,800.00
$
04.04.00
Replace Controls Wiring
0.91%
79,126.00
$
See Harder Mechanical Quote
04.05.00
HVAC Duct Cleaning
1.40%
121,664.00
$
See Harder Mechanical Quote
04.06.00
Full Demolition of Steam Piping
0.09%
7,503.00
$
See Harder Mechanical Quote
04.08.00
Hazardous and Third-Party Testing
0.17%
15,000.00
$
04.09.00
PLC Replacements
2.75%
239,801.00
$
See Swain Quote
04.10.00
Concrete Pads
1.60%
139,625.00
$
See Labor Breakdown
Additional Contractor Markup on Contingencies
5.67%
494,237.00
$
Contingency Item Fee, GCs, Sales Tax, Insurance and Bond.
04
Contingency Sub-Total
26.8%
2,337,646.00
$
04
Sub-Total Contingency
26.8%
2,337,646.00
$
01 + 02 + 03 + 04
Overall GMP 1 Total with Contingency
11,048,484.43
$
Owner Contingency's
Labor and Equipment Breakdown
Job Name: West Area WRF Improvements 2023
Work Order Breakdown
Estimate
HRS
HRS
HRS
HRS
HRS
HRS
HRS
SF
HRS
DAY
HRS
$ Total
ID
Project
#
Water & Wastewater Facilities Projects
Info
Super
For Line
03
Self-Performed Work
03
Phase 1 Work (Moved to Concrete Pad Allowance)
03.01.00
Demo Existing Hot Water Pump Pad (Qty 1)
03.01.01
GPR Area of Existing Pad
1 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.01.02
Remove Existing Pad (9'L x 6'W x 1'H)
1 Ea
8.0
8.0
0.0
0.0
8.0
8.0
32.0
0.0
8.0
0.0
8.0
2,873.12
$
03.02.00
Form/Rebar/Pour/Strip New Hot Water Pump Pad
-
$
03.02.01
Build Formwork for Pump Pad (9'L x 6'W x 1'H)
1 Ea
8.0
8.0
8.0
0.0
0.0
8.0
32.0
30.0
8.0
3,084.44
$
03.02.02
Place Rebar Dowels for Pump Pads
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.02.03
Place Rebar for Pump Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.02.04
Pour Pump Pad
2 CY
4.0
4.0
4.0
4.0
4.0
8.0
28.0
0.0
0.0
1.0
4.0
4,218.60
$
03.02.05
Strip Pump Pad Forms
1 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.03.00
Demo Existing Hot Water Boiler Pad (Qty 1)
03.03.01
GPR Area of Existing Pad
1 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.03.02
Remove Existing Pad (7'L x 4'W x 1'H)
1 Ea
8.0
8.0
0.0
8.0
8.0
16.0
48.0
0.0
24.0
0.0
8.0
4,358.24
$
03.04.00
Form/Rebar/Pour/Strip New Boiler Pad
03.04.01
Build Formwork for Boiler Pad (7'L x 4'W x 1'H)
1 Ea
8.0
8.0
8.0
0.0
0.0
8.0
32.0
22.0
0.0
0.0
8.0
3,016.44
$
03.04.02
Place Rebar Dowels for Boiler Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.04.03
Place Rebar for Boiler Pads
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.04.04
Pour Boiler Pad
1.5 CY
4.0
4.0
4.0
4.0
4.0
8.0
28.0
0.0
0.0
1.0
4.0
4,218.60
$
03.04.05
Strip Boiler Pad Forms
1 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.05.00
Demo Existing Solar System Pump Pads
03.05.01
GPR Area of Existing Pad
1 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.05.02
Remove Existing Pad (7'L x 4'W x 1'H)
1 Ea
8.0
8.0
0.0
8.0
8.0
16.0
48.0
0.0
48.0
0.0
8.0
5,258.24
$
03.05.03
Resurface Pump Pad Area
12.0
12.0
0.0
12.0
12.0
12.0
60.0
0.0
0.0
0.0
12.0
4,653.00
$
03
Phase 2 Work (Moved to Concrete Pad Allowance)
03.06.00
Demo Existing Chiller Pads (Qty 2)
03.06.01
GPR Area of Existing Pad
2 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.06.02
Remove Existing Pad (9'L x 3'W)
2 Ea
8.0
8.0
0.0
8.0
8.0
16.0
48.0
0.0
48.0
0.0
8.0
5,258.24
$
03.07.00
Form/Rebar/Pour/Strip New Chiller Pads
03.07.01
Build Formwork for Chiller Pads (12'L x 4'W)
2 Ea
12.0
12.0
0.0
12.0
0.0
24.0
60.0
32.0
0.0
0.0
12.0
4,975.40
$
03.07.02
Place Rebar Dowels for Chiller Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.07.03
Place Rebar for Chiller Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.07.04
Pour Chiller Pads
4 CY
8.0
8.0
8.0
8.0
16.0
16.0
64.0
0.0
0.0
1.0
8.0
6,559.84
$
03.07.05
Strip Chiller Pad Forms
2 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.08.00
Demo Existing Tower Water Pump Pad (Qty 1)
03.08.01
GPR Area of Existing Pad
1 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.08.02
Remove Existing Pad (4'L x 3'W x 1'H)
1 Ea
8.0
8.0
0.0
0.0
8.0
8.0
32.0
0.0
8.0
0.0
8.0
2,873.12
$
Genset &
Cords
Jack-
Hamr/Cmp
Concrete
Pump
LABOR
Cons.
Supplies
Craft
Foreman
Labor
Group 2
Form
Lumber
Labor
Group 1
EQUIP
Carpenter
Jour
Carpenter
App.
Estimate ID # 04.10.00
Labor and Equipment Breakdown
Job Name: West Area WRF Improvements 2023
Work Order Breakdown
Estimate
HRS
HRS
HRS
HRS
HRS
HRS
HRS
SF
HRS
DAY
HRS
$ Total
ID
Project
#
Water & Wastewater Facilities Projects
Info
Super
For Line
Genset &
Cords
Jack-
Hamr/Cmp
Concrete
Pump
LABOR
Cons.
Supplies
Craft
Foreman
Labor
Group 2
Form
Lumber
Labor
Group 1
EQUIP
Carpenter
Jour
Carpenter
App.
03.09.00
Form/Rebar/Pour/Strip New Tower Water Pump Pad
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
-
$
03.09.01
Build Formwork for Pump Pad (4'L x 3'W x 1'H)
1 Ea
8.0
8.0
8.0
0.0
0.0
8.0
32.0
14.0
0.0
0.0
8.0
2,948.44
$
03.09.02
Place Rebar Dowels for Pump Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.09.03
Place Rebar for Pump Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.09.04
Pour Pump Pads
.5 CY
4.0
4.0
4.0
0.0
8.0
8.0
28.0
0.0
0.0
1.0
4.0
4,115.48
$
03.09.05
Strip Pump Pad Forms
1 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.10.00
Demo Existing Tower Pads (Qty 2)
03.10.01
GPR Area of Existing Pads
2 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.10.02
Remove Existing Pads (10'L x 2'W x 2'H)
2 Ea
8.0
8.0
0.0
0.0
8.0
8.0
32.0
0.0
8.0
0.0
8.0
2,873.12
$
03.11.00
Form/Rebar/Pour/Strip New Tower Pads
03.11.01
Build Formwork for Pads (10'L x 2'W x 2'H)
2 Ea
8.0
8.0
8.0
0.0
0.0
8.0
32.0
96.0
0.0
0.0
8.0
3,645.44
$
03.11.02
Place Rebar Dowels for Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.11.03
Place Rebar for Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.11.04
Pour Pads
6 CY
4.0
4.0
4.0
4.0
4.0
8.0
28.0
0.0
0.0
1.0
4.0
4,218.60
$
03.11.05
Strip Pad Forms
2 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.12.00
Demo Existing Chilled Water Pump Pad (Qty 1)
03.12.01
GPR Area of Existing Pad
1 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.12.02
Remove Existing Pad (9'L x 6'W x 1'H)
1 Ea
8.0
8.0
0.0
0.0
8.0
16.0
40.0
0.0
16.0
0.0
8.0
3,529.36
$
03.13.00
Form/Rebar/Pour/Strip New Chilled Water Pump Pad
03.13.01
Build Formwork for Pump Pad (9'L x 6'W x 1'H)
1 Ea
8.0
8.0
8.0
0.0
0.0
8.0
32.0
30.0
0.0
0.0
8.0
3,084.44
$
03.13.02
Place Rebar Dowels for Pump Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.13.03
Place Rebar for Pump Pad
1 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.13.04
Pour Pump Pads
2 CY
4.0
4.0
4.0
4.0
4.0
8.0
28.0
0.0
0.0
1.0
4.0
4,218.60
$
03.13.05
Strip Pump Pad Forms
1 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.14.00
Demo Existing Chiller Pump Pads (Qty 2)
03.14.01
GPR Area of Existing Pad
2 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.14.02
Remove Existing Pad and Foundation (9'L x 3'W)
2 Ea
12.0
12.0
0.0
0.0
12.0
24.0
60.0
0.0
32.0
0.0
12.0
5,594.04
$
03.15.00
Form/Rebar/Pour/Strip New Chiller Pump Pads
03.15.01
Build Formwork for Chiller Pump Pads (12'L x 4'W)
2 Ea
10.0
10.0
0.0
10.0
0.0
20.0
50.0
64.0
0.0
0.0
10.0
4,463.50
$
03.15.02
Place Rebar Dowels for Chiller Pump Pads
2 Ea
8.0
8.0
0.0
8.0
0.0
16.0
40.0
0.0
0.0
0.0
8.0
3,135.60
$
03.15.03
Place Rebar for Chiller Pump Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.15.04
Pour Chiller Pump Pads
4 CY
4.0
4.0
4.0
4.0
4.0
8.0
28.0
0.0
0.0
1.0
4.0
4,218.60
$
03.15.05
Strip Chiller Pump Pad Forms
2 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
03.16.00
Demo Existing CWP 1 & 2 Pump Pads (Qty 2)
03.16.01
GPR Area of Existing Pad
2 Ea
1.0
0.0
0.0
0.0
0.0
1.0
2.0
0.0
0.0
0.0
1.0
206.98
$
03.16.02
Remove Existing Pad (4'L x 3'W x 1'H)
2 Ea
8.0
8.0
0.0
8.0
8.0
16.0
48.0
0.0
48.0
0.0
8.0
5,258.24
$
03.17.00
Form/Rebar/Pour/Strip New CWP 1 & 2 Pump Pads
Labor and Equipment Breakdown
Job Name: West Area WRF Improvements 2023
Work Order Breakdown
Estimate
HRS
HRS
HRS
HRS
HRS
HRS
HRS
SF
HRS
DAY
HRS
$ Total
ID
Project
#
Water & Wastewater Facilities Projects
Info
Super
For Line
Genset &
Cords
Jack-
Hamr/Cmp
Concrete
Pump
LABOR
Cons.
Supplies
Craft
Foreman
Labor
Group 2
Form
Lumber
Labor
Group 1
EQUIP
Carpenter
Jour
Carpenter
App.
03.17.01
Build Formwork for Pump Pads (4'L x 3'W x 1'H)
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
28.0
0.0
0.0
4.0
1,805.80
$
03.17.02
Place Rebar Dowels for Pump Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.17.03
Place Rebar for Pump Pads
2 Ea
4.0
4.0
0.0
4.0
0.0
8.0
20.0
0.0
0.0
0.0
4.0
1,567.80
$
03.17.04
Pour Pump Pads
1 CY
4.0
4.0
4.0
4.0
4.0
16.0
36.0
0.0
0.0
1.0
4.0
4,574.84
$
03.17.05
Strip Pump Pad Forms
2 Ea
2.0
2.0
0.0
0.0
0.0
4.0
8.0
0.0
0.0
0.0
2.0
651.68
$
3.18.00
Subcontractor Supervision (Included in Self-Perform Work)
3.18.01
HVAC Subcontractor Supervision
32 Weeks
1,280.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
186,176.00
$
A
Total Column
1,563.0
274.0
76.0
170.0
136.0
489.0
1,428.0
316.0
240.0
8.0
283.0
325,800.64
$
B
Unit Cost
145.45
$
69.33
$
67.37
$
61.11
$
35.33
$
39.53
$
5.00
$
8.50
$
37.50
$
2,200.00
$
12.00
$
C
Total Cost $
227,338
$
18,996
$
5,120
$
10,389
$
4,805
$
19,330
$
7,140
$
2,686
$
9,000
$
17,600
$
3,396
$
325,800.64
$
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
T H I S P A G E I S B L A N K
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
EXHIBIT E
Construction Documents necessary to define Scope of Work and Deliverables for the
Construction Phase Services, including plans, designs, drawings, specifications and other
required Contract Documents
(9 pages - To be Incorporated by Amendment)
SEE ATTACHED
The City of Glendale - GMP 1 Proposal - West Area WRF Improvements 2023 —Project No.222348.2
Construc3on Manager At Risk Contractor
Tab 7 - Contract Drawings and
Specifica3ons
Tab 7 - Contract Drawings and
Specifica3ons
CONTRACT DRAWINGS AND
SPECIFICATIONS
PROJECT SPECIFICATIONS AND
CONTRACT DOCUMENTS
100% DESIGN SUBMITTAL -
ISSUED FOR CONSTRUCTION
PROJECT NO. 222348.1
GLENDALE WEST AREA WATER RECLAMATION FACILITY
HVAC IMPROVEMENTS
DECEMBER 2024
CITY OF GLENDALE
ENGINEERING DEPARTMENT
5850 W. Glendale Avenue, Glendale, Arizona 85301 (623) 930-3630
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
EXHIBIT F
Statement of All Clarifications and Assumptions (if any)
(2 pages - To be Incorporated by Amendment)
SEE ATTACHED
The City of Glendale - GMP 1 Proposal - West Area WRF Improvements 2023 —Project No.222348.2
Construc3on Manager At Risk Contractor
Tab 6 – Clarifica3ons and Assump3ons
Tab 6 – Clarifica3ons and Assump3ons
CLARIFICATIONS AND
ASSUMPTIONS
The City of Glendale - GMP 1 Proposal - West Area WRF Improvements 2023 —Project No.222348.2
Construc)on Manager At Risk Contractor
Tab 6 Cont. - Clarifica)ons & Assump)ons
Tab 6 Cont. - Clarifica)ons & Assump)ons
CLARIFICATIONS & ASSUMPTIONS:
1. Procurements of chiller units is included in separate proposal.
2. Excludes seismic/vibration isolation except as noted in the exclusions above. This proposal excludes specification
40 05 96.
3. BIM modeling has been excluded from this proposal.
4. Excludes equipment extended warranties. A two-year warranty is included.
5. Excludes equipment salt spray/special coatings.
6. Excludes humidification, installation of new steam piping per an agreement with Arcadis.
7. Excludes pre-demo balancing survey.
8. Excludes replacement of control valves for existing-to-remain equipment. If additional valves not shown on the
100% IFC drawings are needing replacement, the Owner’s Allowance can be used.
9. Excludes installation of chain wheels and chain operators. No existing chain wheels found.
10. Excludes leak detection and/or secondary drip pans.
11. Excludes live taps, hot taps, and line freezes. All work to be performed on drained piping.
12. Excludes warranty of existing piping, ductwork, equipment, and other items not installed in the scope of this pro-
ject.
13. Excludes special inspections, nondestructive testing, or third-party testing. Includes NDT of pipe thickness and
concrete break tests. An allowance has been included if inspections and testing are required.
14. Excludes the repair or upgrading of existing systems to conform to codes.
15. Excludes hazardous materials identification, testing, handling, removal, or disposal. An allowance has been in-
cluded if required. The City will be considered the generator of any pre-existing hazardous conditions or materials
discovered at the site.
16. CHWS/R, TWS/R, HHWS/R are priced as type K copper with brazed fittings through 2.5-inch and welded A106
SMLS pipe above 3-inches.
17. Drain lines and NPW/makeup water lines are included in type K copper with brazed fittings.
18. Excludes roof framing, sub-framing, decking, sheeting, wood nailers, and roof cutting.
19. Heresite coating for evaporative cooling units is explicitly excluded.
20. Excludes equipment maintenance, extra factory training and servicing noted in drawings and specifications.
21. Excludes mockups, spare parts, stock items, filter changes noted in drawings and specifications.
22. Excludes a second backup boiler option.
23. Excludes engineering or deferred submittals on seismic, wind, vibration isolation, and all other deferred submit-
tals on system equipment.
24. Commissioning, if desired, is to be by a 3rd party hired by City of Glendale. Commissioning assistance will be
provided.
25. MGC has not included a field office for the engineering staff.
26. Material costs cannot be locked in until a contract is issued due to current market volatility and tariffs changing
costs daily. Included in this proposal is the 6% cost increase for all Carrier products, as this is a known cost in-
crease. All other manufacturers escalation costs, or possible tariff increases, are unknown and have not been in-
cluded in this proposal. Allowance funds will be requested upon known cost changes with backup of cost vari-
ances provided.
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
T H I S P A G E I S B L A N K
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
EXHIBIT G
Schedule of Major Milestones
(2 pages - To be Incorporated by Amendment)
SEE ATTACHED
The City of Glendale - GMP 1 Proposal - West Area WRF Improvements 2023 —Project No.222348.2
Construc3on Manager At Risk Contractor
PROJECT SCHEDULE
Tab 8 - Project Schedule
Tab 8 - Project Schedule
3-Feb
10-Feb
17-Feb
24-Feb
3-Mar
10-Mar
17-Mar
24-Mar
31-Mar
7-Apr
14-Apr
21-Apr
28-Apr
5-May
12-May
19-May
26-May
2-Jun
9-Jun
16-Jun
23-Jun
30-Jun
7-Jul
14-Jul
21-Jul
28-Jul
4-Aug
11-Aug
18-Aug
25-Aug
1-Sep
8-Sep
15-Sep
22-Sep
29-Sep
6-Oct
13-Oct
20-Oct
27-Oct
3-Nov
10-Nov
17-Nov
24-Nov
1-Dec
8-Dec
15-Dec
22-Dec
29-Dec
5-Jan
12-Jan
19-Jan
26-Jan
2-Feb
9-Feb
16-Feb
23-Feb
2-Mar
9-Mar
16-Mar
23-Mar
30-Mar
Overall Contract
Project Contract NTP / Set-up / Kickoff (2-4 Weeks)
Heating Water System Within Mechanical Room
Procurement - Heating Water System Within Mechanical Room (Phase 1)
Heating Water Equipment Submittals (7-8 Weeks)
Procure Boiler (11 Weeks)
Procure Heating Water Pumps (16 Weeks)
Install - Heating Water System Within Mechanical Room (Phase 1)
Shutdown Heating Water System
Demolish Solar Water Tanks, Mechanical Room HWS/R Equipment
Install New Heating Water Piping in Mechanical Room
Install New Boiler, Heating Water Pump Skids
Mech. Room HWS/R Complete (System Startup in January)
HVAC Equipment - Side Buildings
Procurement - HVAC Equipment Side Buildings (Phase 1)
HVAC Side Building Equipment Submittals (7-8 Weeks)
Procure Side Building Heat Pumps and AC Units (18)
Procure Side Building Supply Fans / Exhaust Fans (12)
Procure Chem Building Evap Cooler (20)
Replace Units and Controls in Side Buildings (Phase 1C)
Replace MNEB Heat Pump
Replace BLRB Heat Pump and Exhaust Fan
Replace RAS Heat Pump and Exhaust/Supply Fans
Replace PREF Supply Fan
Replace CHEM Heat Pump, AC, Evap Cooler, and Exhausty Fan
Phase 2 (ADMN, OMB Buildings Not Operational)
Admin / OMB Building HVAC Systems
Procurement - ADMIN / OMB HVAC Systems (Phase 1)
Store Early Procurement Chiller Offiste for Install During Shutdown
Admin / OMB Wet Mech System Equipment Submittals (7-12 Weeks)
Procure Chilled Water System Pumps (16 Weeks)
Procure Tower Water System Pumps (16 Weeks)
Procure Buffer and Expansion Tanks (18 Weeks)
Procure Cooling Tower (10 Weeks)
Procure ADMIN / OMB AHU's (12 Weeks)
Procure ADMIN / OMB Evap Coolers (20 Weeks)
Procure Admin / OMB Fan Coil Units (18 Weeks)
Procure Admin / OMB VAV's (9 Weeks)
Procure Admin / OMB Exhaust/Supply Fans (12 Weeks)
Procure Admin / OMB Control Valves and Dampers (16 Weeks)
Pre-Fabrication - ADMIN / OMB HVAC Systems (Phase 1)
Light Modeling of CHWS/R, TWS/R for Spool Fabrication
Procurement of CHW PVF for Spool Fabrication
Fabricate Spools, Paint TWS/R, Store Spools Offsite
Install - ADMIN / OMB HVAC Systems (Phase 2)
Ship Pipe Spools to Site for Install
Shutdown Chilled Water System - Begin Demo
Mechanical Room Chilled Water/Chiller Room Onsite Rework
Demolish Cooling Tower/TW Piping, Replace with New
Install new CHW valve trees to AHUs, FCs
Replace Heating Water Piping for VAVs
Install New HHW Valve Trees to AHUs, FCs, ECs
Replace Admin/OMB AHUs, OMB Evaporative Cooler
Replace Admin/OMB HPs, Fans
Install New HP and Ductwork in OMB
Final Testing, System Startup
Procurement - ADMIN / OMB Lab Exhaust Systems (Phase 1)
Admin / OMB Lab Exhaust System Equipment Submittals (7-8 Weeks)
Procure Lab Exhaust Fans (25 Weeks)
Procure Phoenix Valves (7 Weeks)
Install - ADMIN / OMB Lab Exhaust Systems (Phase 2)
Shutdown Lab Exhaust
Replace Phoenix/Lab Controls
Replace Lab Exhaust Fans
Final Testing, System Startup
Substantial Completion, COG Moves Back Into Building
Project Closeout & Demob from Site
February
March
August
September
October
November
December
January
February
March
April
May
June
July
NTP Push
HMC Schedule Revision - 2-24-2025
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
T H I S P A G E I S B L A N K
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
EXHIBIT H
Dispute Resolution Procedures
1.
Disputes.
1.1
Each Dispute arising out of or related to this Agreement (including Disputes
regarding any alleged breaches of this Agreement) shall be initiated and decided
under the provisions of this Exhibit.
1.2
CMAR and City shall each designate in writing to the other party, from time to
time, a member of senior management who shall be authorized to attempt to
expeditiously resolve any Dispute relating to the subject matter of this Agreement
in an equitable manner.
1.3
A party shall initiate a Dispute by delivery of written notice to the members of
management designated by the respective parties under Section 1.2 of this Exhibit.
1.4
The parties must:
(A)
Attempt to resolve all Disputes promptly, equitably and in a good faith
manner; and
(B)
Provide each other with reasonable access during normal business hours to
any and all non-privileged records, information and data pertaining to any
such Dispute.
1.5
With respect to matters concerning modification of the GMP or any schedule,
CMAR must first follow the provisions of any Claim procedure established by the
Design-Build Agreement before seeking relief under these Procedures.
2.
Emergency Arbitration.
2.1
If the parties are unable to accomplish resolution of a Dispute, the expedited
resolution of which either party considers necessary to prevent or mitigate a
material delay to the critical path of the Services (a "Time Sensitive Dispute")
within two days after the Time Sensitive Dispute has been initiated by a party, either
party may thereafter seek emergency relief before an emergency arbitrator (the
"Emergency Arbitrator") appointed as follows:
(A)
The parties will exercise best efforts to pre-select an Emergency Arbitrator
within 20 days after entering into this Agreement;
(B)
If the Emergency Arbitrator has not been selected at the time a party delivers
Notice of a Time Sensitive Dispute, the parties will each select a
representative within one day after the Notice is delivered and the two
representatives will then select the Emergency Arbitrator by the third day
following delivery of the Notice.
(C)
The Emergency Arbitrator shall be an attorney with at least ten (10) years’
experience with commercial construction legal matters in Maricopa County,
Arizona, be independent, impartial, and not have engaged in any business
for or adverse to either party for at least ten (10) years.
2.2
The Emergency Arbitrator will conduct a hearing and render a written
determination on the Dispute to both parties within five business days of the matter
being referred to him or her, all in accordance with Rules O-1 to O-8 of the
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
American Arbitration Association ("AAA") Commercial Rules-Optional Rules for
Emergency Protection Commercial Rules ("AAA Emergency Rules").
2.3
Although the hearing will be conducted using AAA rules, unless both parties agree
otherwise, this dispute process will not be administered by the AAA but will be
conducted by the parties in accordance with these procedures.
2.4
If, however, an Emergency Arbitrator has not selected within three days after
delivery of the Notice, either party may upon three days additional notice, thereafter
seek emergency relief before the AAA, in accordance with the AAA Emergency
Rules, provided that the Emergency Arbitrator meets the qualifications set forth
above.
2.5
All proceedings to arbitrate Time Sensitive Disputes shall be conducted in
Glendale, Arizona.
2.6
Presentation, request for determination (i.e., a party’s prayer), and the Emergency
Arbitrators decision will adhere to the procedures required in Section 3.6 of this
Exhibit.
2.7
The finding of the Emergency Arbitrator with respect to any Time Sensitive
Dispute will be binding upon the parties on an interim basis during progress of the
Services, subject to review de novo by arbitration after the Project Substantial
Completion Date.
2.8
The time and extent of discovery will be as determined by the Emergency
Arbitrator.
(A)
Discovery orders of the Emergency Arbitrator will consider the time
sensitivity of the matter and the parties desire to resolve the issue in the
most time and costs efficient manner;
(B)
The parties are obligated to cooperate fully and completely in the provision
of documents and other information, including joint interviews of
individuals with knowledge such that the matter moves toward resolution
in the most time and costs efficient manner and the Emergency Arbitrator
is empowered to fashion any equitable penalty against a party that fail to
meet this obligation.
3.
Non-Emergency Arbitration.
3.1
Except as provided in Section 5 of this Exhibit, any Dispute that is either a non-
emergency Dispute that has not been resolved by negotiation, or a de novo review
of an AAA emergency arbitration will be decided by binding arbitration by a panel
of three arbitrators in accordance with, but not necessarily administered by, the
Construction Industry Rules of the AAA.
(A)
The parties shall each select an arbitrator within 15 days after notice that a
party desires to resolve a dispute by arbitration.
(B)
The two arbitrators shall then each select a third arbitrator. If an arbitrator
is not selected within any such 15 day period, then the arbitrator shall be
appointed by the AAA.
3.2
The arbitrator(s) shall meet the qualifications of Emergency Arbitrators as provided
in Section 2 of this Exhibit.
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
3.3
The arbitrators do not have the authority to consider or award punitive damages as
part of the arbitrators' award.
3.4
In connection with such arbitration, each party shall be entitled to conduct up to
five depositions, and, no less than 90 days prior to the date of the arbitration hearing,
each party shall deliver to the other party copies of all documents in the delivering
party's possession that are relevant to the dispute.
3.5
The arbitration hearing shall be held within 150 days of the appointment of the
arbitrators.
3.6
At the arbitration hearing, each party will argue its position to the arbitrators in
support of one proposed resolution to the dispute (a “Proposed Resolution”).
(A)
Each party’s Proposed Resolution must be fully dispositive of the dispute.
(B)
The arbitrators must select one Proposed Resolution by majority consent
and are not free to fashion any alternative resolutions.
(C)
The parties must submit their proposed resolution of the matter to the
arbitrators and the other party 15 days prior to the date set for
commencement of the arbitration proceeding.
(D)
The decision of the arbitrators will be forwarded to the parties within 15
days after the conclusion of the arbitration hearing.
(E)
The decision of the arbitration panel is final and binding on the parties and
may be entered in any court of competent jurisdiction for the purpose of
securing an enforceable judgment.
(F)
All costs and expenses associated with the arbitration, including the
reasonable legal fees and costs incurred by the prevailing party, must be
paid by the party whose position was not selected by the arbitrators.
4.
Continuing Work. Unless otherwise agreed to in writing, CMAR must continue to
perform and maintain progress of the Work during any Dispute Resolution or arbitration
proceedings, and City will continue to make payment to CMAR in accordance with the
Agreement.
5.
Exceptions.
5.1
Neither City nor CMAR are required to arbitrate any third-party claim, cross-claim,
counter claim, or other claim or defenses in any action that is commenced by a
third-party who is not obligated by contract to arbitrate disputes with City and
CMAR.
5.2
City or CMAR may commence and prosecute a civil action to contest a lien or stop
notice, or enforce any lien or stop notice (but only to the extent the lien or stop
notice the party seeks to enforce is enforceable under Arizona law), including,
without limitation, an action under A.R.S. § 33-420, without the necessity of
initiating or exhausting the procedures of this Exhibit.
5.3
This Exhibit does not apply to, and may not be construed to require arbitration of,
any claims, actions or other process undertaken, filed, or issued by the City of
Glendale Building Safety Department, Code Compliance Department, Police
Department, Fire Department, or any other agency of City acting in its
City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025)
governmental permitting, for the benefit of public health, safety, and welfare, or
other regulatory capacity.
5.4
In connection with any arbitration, the arbitrators do not have the authority to, and
may not enforce, any provision of the Federal or Arizona Rules of Civil Procedure.