2022C014 - DURANGO -ON-CALL CONTRACT -PRE-CONSTRUCTION CMAR.PDF
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FCD 2022C014 / OPS 230022 DBB
Durango Campus Landscape & Water Conservation Retrofit -Pre-
Construction CMAR
CONSTRUCTION MANAGER AT RISK
PROFESSIONAL CONSTRUCTION MANAGEMENT FOR PRE-CONSTRUCTION
SERVICES
PCN 065.01.03
AGENDA ITEM ________________________
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FCD 2022C014
DURANGO CAMPUS LANDSCAPE & WATER CONSERVATION RETROFIT -PRE-CONSTRUCTION CMAR
CONSTRUCTION MANAGER AT RISK
TABLE OF CONTENTS
1 - SCOPE OF WORK…………………………………………………………………….….4
2 – DEFINITIONS…………………………………………………………………………......4
3 - TERM AND TIME OF PERFORMANCE……………………………….…………….…7
4 – COMPENSATION…………………………………………………………….…………..8
5 - CHANGES IN SCOPE OF SERVICE……………………………………….…………..8
6 – INDEMNIFICATION…………………………………………………………….………...9
7 – INSURANCE………………………………………………………………………………9
8 - TERMINATION OR SUSPENSION OF CONTRACT……...……………….………..11
9 – MISCELLANEOUS…………...……………………………………………….….…..…12
9.1
Ownership of Documents
9.2
Audit Right and Retention of Records
9.3
Compliance with Laws
9.4
General Considerations
9.5
Successors and Assigns
9.6
No Kick-Back Certification
9.7
Influence
9.8
Anti-Discrimination Provision
9.9
Small Business Enterprise (SBE) Program
9.11 Certification Regarding Debarment and Suspension
9.12 Certification Regarding Lobbying
9.13 Forced Labor
9.14 Notes
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CONSTRUCTION MANAGER AT RISK
PRE-CONSTRUCTION SERVICES
_______________________________________________________________
BETWEEN
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and
Rummel Construction, Inc.
for
PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES
for
DURANGO CAMPUS LANDSCAPE & WATER CONSERVATION RETROFIT -PRE-CONSTRUCTION CMAR
Whereas, the Flood Control District of Maricopa County (DISTRICT), desires to finalize the design and construction
documents for Durango Campus Landscape & Water Conservation Retrofit -Pre-Construction CMAR, and
Whereas, it is the best interests of the DISTRICT to obtain professional construction management services in order to
ensure quality, timely and valued construction from a pre-approved professional Construction Manager at Risk
(CMAR), and
Whereas, the DISTRICT has competitively selected the CMAR in accordance with the procedures in Section 34-603,
Arizona Revised Statutes and the Maricopa County Procurement Code from several firms, and
Whereas the selected firm will provide professional construction management services for the for- Durango Campus
Landscape & Water Conservation Retrofit Pre-Construction Phase as directed by the Director.
This agreement made this ____ day of _______, 2022.
By and between the DISTRICT and Rummel Construction, Inc., hereinafter called the “CONTRACTOR” as a
Construction Manager at Risk Firm
Pre-Construction Services
Witnesseth, that the DISTRICT and the CONTRACTOR for the considerations herein set forth, agree as follows:
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1 - SCOPE OF WORK
1.01
The CONTRACTOR, under the general supervision of the District Planning and Project Management Division
Manager, shall furnish professional Construction Management (CM) Services according to the directions and
designated standards of the DISTRICT and in accordance with Exhibit A, Pre-Construction General Scope of
Work and the Detailed Scope of Work as negotiated for each specific Work Assignment.
1.02
The DISTRICT’s authorized representative shall be the District Planning and Project Management Division
Manager or his/her duly authorized representative, hereinafter called the “Agent”. For purposes of this contract,
the Agent’s duly authorized representative shall be the Project Manager and he/she shall be the sole contact for
administering this contract.
1.03
CONTRACTOR shall provide CM services, and complete in a professional and substantial manner and in
accordance with the provisions of Exhibit A, General Scope of Work and the Detailed Scope of Work as negotiated
for each specific Work Assignment. and The CONTRACTOR shall furnish at its own cost and expense all
necessary labor, materials, machinery, equipment, tools, apparatus, and incidentals necessary to complete the
work in the most substantial and professional manner according to the Drawings, Specifications and Addenda on
file with the DISTRICT, and such modifications of the same and other directions that may be made by the
DISTRICT as provided herein for the Project known as the Durango Campus Landscape & Water Conservation
Retrofit CMAR Preconstruction design prepared by Environmental Planning Group, LLC Performance for a
Work Assignment shall commence only upon receipt of the Agent’s written notice to proceed.
2 - DEFINITIONS
2.01
AMENDMENTS - A written alteration to the executed contract, within the general scope of work, which
authorizes and directs any of the following: an addition, deletion, or revision to the scope of work; or an
adjustment in the contract performance period or contract value; or any combination thereof. The term
“Amendment” is also referred to and may be designated as “Change Order.”
2.02
BOARD OF DIRECTORS - Board that govern the District. The members are the elected Board of Supervisors
for Maricopa County. The Board has contracting authority for the District.
2.03
CHANGE ORDER: A written document ordering a change in the Contract Price or Contract Time or a material
change in the Work as determined by the PROJECT MANAGER. The term “Change Order” is also referred
to and may be designated as “Amendment”.
2.04
CONSULTANT: The individual, partnership, corporation, association, joint venture, or any combination
thereof, of properly registered professional architects and/or engineers, which has entered into an agreement
to provide professional services to the DISTRICT.
2.05
CONTINGENCY: An established sum included in the Guaranteed Maximum Price (GMP) for the purpose of
defraying actual expenses that may arise due to unforeseen circumstances of the Project for which the
contingency is established.
2.06
CONTRACT DOCUMENTS: The Project Manual (including this Agreement and its Exhibits, Attachments and
Forms), work assignments, drawings and specifications, the Request For Qualifications and CONTRACTOR’s
response thereto (as negotiated and accepted by the DISTRICT), any Addenda to the Project Manual, the
record of the contract award by the Flood Control District Board of Directors, the Contract, the Performance
Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, and all agreed upon modifications
issued after execution of the Contract are the documents which are collectively referred to as the Contract
Documents.
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2.07
CONTRACT PRICE: The amount established in the Contract as the Guaranteed Maximum Price (GMP), as
may be amended by Change Order.
2.08
CONTRACT: This Pre-Construction Agreement.
2.09
CONTRACTOR: An individual, partnership, corporation, limited liability company, association, joint venture,
or any combination thereof, which has entered into the contract with the DISTRICT to provide construction
management services. The term “CONTRACTOR” means and includes the CONTRACTOR and all of its
representatives and subcontractor. The term “CONTRACTOR” is also referred to and may be designated as
“CMAR”.
2.10
CONSTRUCTION MANAGER at RISK (CMAR): CONTRACTOR who will provide pre-construction
management services during the end of the design phase of the Project and serve as the general
contractor during Project construction.
2.11
DAY – A calendar period of 24 hours, measured from midnight to the following midnight.
2.12
DESIGN SPECIFICATION – Category of specifications, which sets out in detail, the materials used for
contract work and the mode and manner in which contract work is to be performed.
2.13
DESIGNEE: the person or entity named, nominated or selected for the purpose identified in that section of
this Contract.
2.14
FINAL COMPLETION: The date certified by the CONTRACTOR and PROJECT MANAGER in the Final
Certificate of Performance and Payment in which all conditions and requirements of any permits and
regulatory agencies have been satisfied, and the documents (if any) required to be provided by
CONTRACTOR have been received by the PROJECT MANAGER, and to the best of CONTRACTOR’s and
PROJECT MANAGER’s information and belief that the Project has been fully completed in accordance with
the terms and conditions of the Contract Documents.
2.15
GUARANTEED MAXIMUM PRICE CONSTRUCTION CONTRACT: The method of construction contracting
whereby the CONTRACTOR provides design phase consulting services (pre-construction services) and
management responsibility for the project (general conditions). The fee is a dollar amount negotiated for
profit, overhead and off-site general and administrative costs. All subcontracts are generally awarded by the
CONTRACTOR based on qualifications alone or on a combination of qualifications and price and shall
not select subcontractors based on price alone. The total price paid to the CONTRACTOR is either the
fee plus the costs or the Guaranteed Maximum Price (GMP), whichever is less. This contract utilizes the
Guaranteed Maximum Price as the method of compensation.
2.16
MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of the Work.
2.17
NOTICE TO PROCEED: One or more written notifications to CONTRACTOR authorizing the commencement
of work.
2.18
PLANS AND/OR DRAWINGS: The official graphic representations of this construction project which are a
part of the Contract Documents.
2.19
PRICING DOCUMENTS: The set of documents upon which this contract is negotiated is comprised of the
following: (i) the DISTRICT approved Contract Documents, (ii) the Estimated CONTRACTOR’s Direct
Construction Cost (including unit prices, quantities and explanatory notes), (iii) the CONTRACTOR’s General
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Condition Items, (iv) schedules developed by the CONTRACTOR and approved by the PROJECT
MANAGER, and any other documents or exhibits utilized to derive the GMP.
2.20
PROJECT: The construction, alteration or repair, and all service and incidents thereto, as contemplated and
budgeted by the DISTRICT, including the work described in Exhibit A, Scope of Work herein.
2.21
PROJECT MANAGER: The ranking managerial employee of the DISTRICT or that person’s designee,
expressly designated as PROJECT MANAGER, in writing by the Director; who is the representative of the
DISTRICT, concerning the Contract Documents.
2.22
PROJECT MANUAL: The official documents setting forth information and requirements; contract forms,
bonds, and certificates; general and supplementary conditions of the Contract Documents; the specifications;
and the plans and drawings of the Project.
2.23
SCHEDULE: A timeline of the scope of work that, at a minimum, contains those elements which are applicable
to the project, i.e., contract start and completion dates, coordination meetings, dates of required submittals,
and significant project milestones.
2.24
SMALL BUSINESS ENTERPRISE (SBE): The Maricopa County Small Business Enterprise (SBE) Program
is incorporated by reference. It is Maricopa County’s policy to provide small businesses the opportunity to
participate in the County’s solicitation process and to be considered to fulfill the requirement for various
commodities and services. No specific SBE participation percentage goal or dollar amount has been
established for this contract.
2.25
SPECIAL PROVISIONS: The Special conditions, requirements, additions, and/or revisions to the Standard
Specifications, applicable to the work, to cover conditions or requirements peculiar to the project under
consideration.
2.26
SPECIFICATION – A description of the technical requirements for a material, product, or service that
includes the criteria for determining whether these requirements are met.
2.27
STANDARD – A document that establishes engineering and technical limitations and applications of
materials, processes, methods, designs, and engineering practices.
2.28
SUBCONTRACTOR: A person, firm or corporation having direct contact with CONTRACTOR including one
who furnishes material worked to a special design according to the Project Manual for this work, but does not
include one who merely furnishes material not so worked.
2.29
SUBSTANTIAL COMPLETION: That date on which, as certified in writing by CONTRACTOR, the work, or a
portion thereof designated by the PROJECT MANAGER in its sole discretion, is at a level of completion in
substantial compliance with the Contract Documents such that all conditions of permits and regulatory
agencies have been satisfied and the DISTRICT or its designee can use or operate it in all respects for its
intended purpose. A Certificate of Final Inspection must be issued for Substantial Completion to be achieved.
2.30
SUPPLEMENTARY GENERAL CONDITION ITEMS: Requirements, or revisions, to the Standard General
Conditions, applicable to the work, and to cover conditions or requirements peculiar to the project under
consideration. Payment for the Supplementary General Condition items will be at cost and included as part of
the Guaranteed Maximum Price.
2.31
SURETY: The entity or individual who is legally bound to provide acceptable and timely performance of the
work under the contract and for the payment of all debts pertaining thereto, in the event CONTRACTOR, who
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is primarily liable for such items, fails to perform under this CONTRACT, all in accordance with A.R.S. § 34-
222, as amended from time to time.
2.32
TERMINATION – Right reserved by the District to bring an end to the CONTRACT for either the
convenience of the DISTRICT, or due to the unexcused failure of the CONTRACTOR to perform.
2.33
VALUE ENGINEERING: An organized approach to providing the necessary function or product which
provides equal or better performance at a lower cost.
2.34
WORK: The totality of the obligations, including construction and other services required by the Contract
Documents, whether completed or partially completed, including all labor, materials, equipment and service
provided or to be provided by CONTRACTOR to fulfill the CONTRACTOR’s obligations. The work may
constitute the whole or a part of the project.
2.35
WORK ASSIGNMENT: An instruction to the CONTRACTOR directing the immediate performance of services
set forth in this CONTRACT for which services a detailed Scope of Work is developed and incorporated by
reference.
2.36
WRITTEN or IN WRITING – Any worded or numbered expression which can be read, reproduced, and later
communicated, and includes electronically transmitted and stored information.
2.37
WRITTEN NOTICE: Shall be deemed to have been duly served if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for whom it is intended, if delivered at or sent by
registered mail or other traceable delivery service to the party listed under Section 9.10 - Notices.
3 - TERM AND TIME OF PERFORMANCE
3.1
The term of this CONTRACT shall begin on the date it is fully executed by both parties and shall end on the
date of commencement of the term of the separate agreement between the DISTRICT and the
CONTRACTOR for Construction services for the Durango Campus Landscape & Water Conservation
Retrofit -Pre-Construction CMAR, but in no event later than, three hundred sixty five (365) calendar days
from the date of commencement. The DISTRICT shall have the authority to extend the term of this Contract
for such period of time as deemed necessary for the Project.
3.2
At or before the above referenced completion date for this contract the CONTRACTOR, following completion
of cost estimating, value engineering and other services set forth in Section 4 will tender to the DISTRICT a
written Guaranteed Maximum Price (GMP) for final completion of this Project, defined as Durango Campus
Landscape & Water Conservation Retrofit -Pre-Construction CMAR. The DISTRICT, by and through the
Planning and Project Management Division Manager, the PROJECT MANAGER and/or other DISTRICT
personnel, will have the opportunity to negotiate the amount of the GMP with the CONTRACTOR. In the
event a GMP which is satisfactory to DISTRICT its reasonable discretion is not agreed upon in writing within
30 days of the tender of GMP, the DISTRICT may terminate this Contract, at which time the CONTRACTOR
will immediately tender all CONTRACT DOCUMENTS, as defined in 9.1 hereof, in accordance with the
applicable provisions of this Agreement. The CONTRACTOR shall have no recourse from this termination
and the DISTRICT shall take such documents, as defined, in 9.1 herein. Conditions precedent to a Phase II
contract for this project are the satisfactory final completion of Phase I and an agreed upon GMP. If a GMP
is agreed to with the CONTRACTOR, a separate agreement will be entered into between the parties.
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4 - COMPENSATION
4.1
WORK ASSIGNMENTS AND PERIOD OF SERVICE
4.1.1
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work and a
not-to-exceed fee consistent with Exhibit B, Fee Schedule, will be developed for each Work
Assignment and incorporated herein by reference.
4.1.2
The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit A, General
Scope of Work and the detailed Scope of Work as negotiated for each specific Work Assignment.
Performance for a Work Assignment shall commence only upon receipt of the Agent’s written notice
to proceed. All work initiated under this contract must be completed on or before the expiration date
of the contract.
4.1.3
This contract shall be effective for three hundred sixty-five (365) calendar days from the date of
its execution or until the contract amount of five hundred thousand dollars and zero cents
($500,000.00) is expended, whichever occurs first.
4.2
METHOD OF BILLING AND PAYMENT
4.2.1
The CONTRACTOR shall be paid a fee not-to-exceed five hundred thousand dollars and zero
cents ($500,000.00) for work under this contract in accordance with the General Scope of Work.
Payments will be made for the actual hours worked and/or other costs incurred or provided for in
accordance with Exhibit B, Fee Schedule.
4.2.2
The DISTRICT does not guarantee any minimum or maximum fee during the period of this contract,
and Contractor, in accepting this contract, does not anticipate any minimum or maximum fee.
4.2.3
A Certificate of Performance will be provided with each Work Assignment. Upon Completion of the
specific Work Assignment, the CONTRACTOR will furnish to the DISTRICT that Certificate of
Performance, fully executed. Upon completion of all Work Assignments under this contract, the
CONTRACTOR will furnish to the DISTRICT an executed Certificate of Performance (Attachment).
4.2.4
The DISTRICT shall pay the CONTRACTOR in full for each Work Assignment upon satisfactory
completion and acceptance by the DISTRICT, provided the CONTRACTOR returns the executed
Certificate of Performance furnished by the Agent. Should an assignment require more than thirty
(30) days to complete, the CONTRACTOR may invoice progress payments based on District
approved monthly progress reports and subject to the limitations set forth in the Scope of Work
negotiated for each Work Assignment. With each request for payment, the CONTRACTOR shall
complete and provide the “Maricopa County Small Business Enterprise Program Participation
Reporting Form” which is included with this contract document.
5 - CHANGES IN SCOPE OF SERVICE
5.1
This contract may be amended by mutual agreement of the DISTRICT and the CONTRACTOR.
5.1.1
Any alteration in the General Scope of Work and/or the detailed Scope of Work that will result in a
substantial change in the nature of the Work Assignment so as to materially increase or decrease
the contract fee will require negotiation of an amendment to the contract to be executed by the
DISTRICT and the CONTRACTOR. No work shall commence on any change until a CONTRACT
AMENDMENT has been approved by the DISTRICT and the CONTRACTOR has been notified to
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proceed by the Agent. No claim for extra work done or materials furnished by the CONTRACTOR
will be allowed by the DISTRICT except as provided herein, nor shall the CONTRACTOR do any
work or furnish any materials not covered by this agreement unless such work is first authorized in
writing by the DISTRICT and in accordance with the Maricopa County Procurement Code. Any such
work or materials furnished by the CONTRACTOR without such written authorization first being given
shall be at CONTRACTOR’S own risk, cost, and expense, and CONTRACTOR hereby agrees that
without such written authorization to make no claim for compensation for such work or materials
furnished.
6 - INDEMNIFICATION
6.1
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless the
DISTRICT, Maricopa County, the City of Scottsdale, the City of Phoenix, and their respective agents,
representatives, officers, directors, officials, and employees from and against all claims, damages, losses and
expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the performance of this Contract,
except any loss caused by the sole negligence of the DISTRICT. CONTRACTOR’S duty to defend, indemnify
and hold harmless the Flood Control District of Maricopa County, Maricopa County, and their agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage,
loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of property, including loss of use resulting there from, caused by any negligent acts, errors,
omissions or mistakes in the performance of this Contract including any person for whose acts, errors,
omissions or mistakes CONTRACTOR may be legally liable.
Any insurance coverage requirements set forth herein shall not be construed as limiting the scope of this
indemnity.
Written Certification Pursuant to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of
$100,000 or more, VENDOR certifies it is not currently engaged in, and agrees for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a
boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
7 - INSURANCE
7.1
The CONTRACTOR, at the CONTRACTOR’s sole expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of B++ or better. In lieu of State of Arizona licensing, the stipulated insurance
may be purchased from a company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of the DISTRICT. The form of any insurance
policies and forms must be acceptable to the DISTRICT.
7.1.1
The CONTRACTOR’s insurance shall be primary insurance as respects the DISTRICT and Maricopa
County and any insurance or self-insurance maintained by the DISTRICT or Maricopa County shall
not contribute to it.
7.1.2
All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted with the submittal of the Certificate of Performance. Failure to do so may, at the sole
discretion of the DISTRICT, constitute a material breach of this Contract.
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7.1.3
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of
an insurance policy warranty shall not affect the DISTRICT’S right to coverage afforded under the
insurance policies.
7.1.4
No deductible and/or self-insured retentions shall be applicable with respect to the coverage provided
to the DISTRICT or Maricopa County under any policy. The CONTRACTOR shall be solely
responsible for the deductible and/or self-insured retention and the DISTRICT, at its option, may
require the CONTRACTOR to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
7.1.5
The DISTRICT reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. The DISTRICT
shall not be obligated, however, to review such policies and/or endorsements or to advise the
CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not
relieve the CONTRACTOR from, or be deemed a waiver of the DISTRICT’S right to insist on strict
fulfillment of the CONTRACTOR’s obligations under this Contract.
7.1.6
The insurance policies required by this Contract, except Workers’ Compensation and Errors and
Omissions, shall name the DISTRICT, Maricopa County the City of Scottsdale, the City of Phoenix,,
and their respective agents, representatives, officers, directors, officials, and employees as
Additional Insureds.
7.1.7
The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against the DISTRICT Maricopa
County and their respective agents, representatives, officers, directors, officials, and employees for
any claims arising out of the Contractor’s work or service.
7.2 CONTRACTOR is required to procure and maintain the following coverage’s:
7.2.1
Commercial General Liability.
Commercial General Liability insurance and, when necessary, Commercial Umbrella insurance with
a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for bodily
injury, broad form property damage, personal injury, products, and completed operations and blanket
contractual coverage, and shall not contain any provision that would serve to limit third party action
over claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.
7.2.2
Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella
insurance with a combined single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the CONTRACTOR’s owned, hired, and non-
owned vehicles assigned to or used in performance of the CONTRACTOR’s work or services under
this Contract.
7.2.3
Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of the CONTRACTOR’s employees engaged in the performance of the work or services
under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $1,000,000 disease policy limit.
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The CONTRACTOR waives all rights against the Flood Control District of Maricopa County, Maricopa
County, and their agents, officers, directors, and employees for recovery of damages to the extent
these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial
umbrella liability insurance obtained by the CONTRACTOR pursuant to this contract.
7.2.4
Errors and Omissions Insurance
Errors and Omissions insurance and, when necessary, Commercial Umbrella insurance, which will
insure and provide coverage for errors and omissions of the CONTRACTOR, with limits of no less
than $2,000,000 for each claim.
7.3 CERTIFICATES OF INSURANCE
7.3.1
Prior to commencing work or services under this Contract, the CONTRACTOR shall furnish the
DISTRICT with Certificates of Insurance in a form acceptable to the DISTRICT, or formal
endorsements as required by the Contract in the form provided by the DISTRICT, issued by the
CONTRACTOR’s insurer(s), as evidence that policies providing the required coverage’s, conditions,
and limits required by this Contract are in full force and effect. Such certificates shall identify this
contract number and contract title.
7.3.2
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made”
basis, coverage shall extend for two (2) years past completion and acceptance of the
CONTRACTOR’s work or services and as evidenced by annual Certificates of Insurance.
7.3.3
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the
DISTRICT at least fifteen (15) days prior to the expiration date.
7.4
CANCELLATION AND EXPIRATION NOTICE
7.4.1
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to the DISTRICT.
8 – TERMINATION OR SUSPENSION OF CONTRACT
8.1
The DISTRICT may terminate this contract at any time upon reimbursement to the CONTRACTOR of
expenses that include reasonable charges for time and material for the percentage of work satisfactorily
completed and turned over to the DISTRICT.
8.2
The DISTRICT reserves the right to postpone, terminate, or abandon this contract for the CONTRACTOR’S
failure to complete any Work Assignment on time, or failure to comply with the provisions of the contract. The
DISTRICT also reserves the right to terminate any or all parts of this contract for its own convenience as the
DISTRICT may determine at its sole discretion.
8.3
The DISTRICT hereby gives notice that pursuant to A.R.S. § 38-511 “A” this contract may be canceled without
penalty or further obligation within three (3) years after execution if any person significantly involved in
initiating, negotiating, securing, drafting, or creating a contract on behalf of the DISTRICT is, at any time while
the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract
in any capacity or a CONTRACTOR to any other party of the contract with respect to the subject matter of the
contract. Cancellation under this section shall be effective when written notice from the Flood Control District
Director is received by all of the parties of the contract. In addition, the DISTRICT may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or
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creating the contract on behalf of the DISTRICT from any other party to the contract arising as a result of the
contract.
8.4
The CONTRACTOR may terminate this CONTRACT in the event of nonpayment of fees as specified in
section 4 - Compensation.
9 - MISCELLANEOUS
9.1
OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, estimates, schedules, drawings and other data and documents
provided or created in connection with this Agreement, whether finished or unfinished and produced in any
phase of the PROJECT (CONTRACT DOCUMENTS), are and shall remain the property of the DISTRICT. In
the event of termination of this Agreement, any and all CONTRACT DOCUMENTS shall be delivered by
CONTRACTOR to the PROJECT MANAGER within seven (7) days of termination of this Agreement. Any
compensation due to CONTRACTOR shall be withheld until all CONTRACT DOCUMENTS are received as
provided herein.
9.1.1
The CONTRACTOR may not use CONTRACT DOCUMENTS in regard to current or future claims
or litigation against the DISTRICT brought by another party or parties unless the CONTRACT
DOCUMENTS are independently produced in accordance with a court order or procedural rules and
notice of such production is given to the DISTRICT immediately and prior to their production.
9.1.2
Copies retained by the CONTRACTOR, SUB-CONTRACTOR(s), or any related entities are
governed by Arizona Law regarding the use of public records and may not be used for commercial
purpose without written permission from the DISTRICT and the payment of all applicable fees.
9.1.3
The DISTRICT reserves the right to reuse the documents as it sees fit.
9.1.4
In the event of termination of this Agreement, any compensation due to CONTRACTOR shall be
withheld until all documents, as defined, in 9.1 herein, are received. This shall apply to all documents
produced in any phase of the work, regardless of whether a subsequent phase is undertaken with
CONTRACTOR.
9.2
AUDIT RIGHT AND RETENTION OF RECORDS
9.2.1
DISTRICT shall have the right to audit the books, records and accounts of CONTRACTOR that are
related to this Project. CONTRACTOR shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the Project.
9.2.2
CONTRACTOR shall preserve and make available, at reasonable times for examination and audit
by DISTRICT, all financial records, supporting documents, statistical records, and any other
documents pertinent to this Agreement for the required retention period of 10 years. If any audit has
been initiated and audit findings have not been resolved at the end of the retention period or three
(3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of
the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be
a basis for DISTRICT’s disallowance and recovery of any payment upon such entry.
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9.3
COMPLIANCE WITH LAWS
9.3.1
The CONTRACTOR is required to comply with all Federal, State, and local laws, local ordinances
and regulations. The CONTRACTOR’S signature on this contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform and Control Act of 1986 for all personnel
that the CONTRACTOR and any sub-Contractors employ to complete any Work Assignment. It is
understood that the DISTRICT shall conduct itself in accordance with the provisions of the Maricopa
County Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:
a) That the CONTRACTOR and its sub-Contractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§23-214, subsection A; After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the e-verify program and shall keep a record
of the verification for the duration of the employee's employment or at least three years, whichever
is longer.
b) That a breach of a warranty under subsection a above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contracts;
c) That the contracting government entity retains the legal right to inspect the papers of any
CONTRACTOR or sub-Contractor employee who works on the contract to ensure that the
CONTRACTOR or sub-Contractor is complying with the warranty provided under subsection (a)
above and that the CONTRACTOR agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
d) That nothing herein shall make any CONTRACTOR or sub-Contractor an agent or employee of the
contracting government entity.
9.4
GENERAL CONDITIONS
9.4.1
The CONTRACTOR shall furnish to the DISTRICT for approval, the names of its key employees,
and of its sub-Contractors and their key employees, to be used on the Work Assignment prior to
beginning the work under this contract. Any subsequent changes are subject to the written approval
of the DISTRICT, which approval shall be at the sole discretion of the DISTIRCT..
9.4.2
The CONTRACTOR shall perform, with its own firm, work amounting to fifty percent (50%) or more
of the total amount of the contract value. Any deviation shall be approved by the DISTRICT, in
writing, which approval is at the sole discretion of the DISTRICT.
9.4.3
The failure of either party to enforce any of the provisions of this CONTRACT or to require full
performance of the other party of any of the provisions hereof shall not be construed to be a waiver
of such provisions, shall not affect the validity of this CONTRACT or any part thereof, or the right of
either party to thereafter enforce each and every provision.
9.4.4
The CONTRACTOR shall be responsible for the cost of any additional design, field layout, testing,
construction and supervision necessary to correct those errors or omissions attributable to the
CONTRACTOR, and for any damage incurred by the DISTRICT as a result of additional construction
costs caused by such CONTRACTOR errors or omissions.
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9.4.5
The fact that the DISTRICT has accepted or approved the CONTRACTOR’S work shall in no way
relieve the CONTRACTOR’S responsibility.
9.4.6
This contract shall be governed by the laws of the State of Arizona, both as to interpretation and
performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this
contract, or any provision thereof, shall be instituted only in the courts of the State of Arizona.
9.4.7
When this CONTRACT requires the CONTRACTOR to study specific geographic areas of Maricopa
County (including, but not limited to, floodplain delineations, watercourse master plans, area
drainage master studies, or any other site specific assignment) the CONTRACTOR agrees during
the term of this CONTRACT and any extensions thereof that CONTRACTOR will not perform similar
services for any clients other than the DISTRICT within that specific geographic area without the
written authorization and approval of the Director of the DISTRICT, which approval shall be at the
sole discretion of the DISTRICT.
9.4.8
The CONTRACTOR shall incorporate stormwater quality best management practices (BMPs) in the
design of the PROJECT and comply with the Maricopa County Stormwater Quality Management and
Discharge Control Regulation, the Maricopa County Drainage Policies and Standards, and the
Maricopa County Drainage Regulations, using guidance from the Maricopa County Drainage Design
Manual, Vol. III, Erosion Control.
9.4.9
The CONTRACTOR’S, agents and assigns, shall not accept employment as contractors, expert
witnesses or otherwise in any pending or contemplated litigation against the DISTRICT during the
term of this CONTRACT and any extensions thereof without the written authorization and approval
of the Director of the DISTRICT, which permission shall be at the sole discretion of the DISTRICT.
9.4.10 The CONTRACTOR’S principals, employees, sub-Contractors, agents and assigns, shall not accept
employment as contractors, expert witnesses or otherwise in any future litigation against the
DISTRICT in regard to the subject matter of this contract without the written authorization and
approval of the Director of the DISTRICT, which permission shall be at the sole discretion of the
DISTRICT.
9.4.11 The DISTRICT shall have the right to seek and obtain in any court of competent jurisdiction an
injunction to restrain a violation or alleged violation by the CONTRACTOR, its principals, employees,
sub-Contractors, agents or assigns, of the provisions of 9.4.7, 9.4.9 and 9.4.10. of this section or of
the provisions of Article 9, Section 9.1.1, and the right of action for full damages at law, in addition to
any other remedies provided by this contract. In no case shall a waiver by the DISTRICT of the right
to seek relief under this provision constitute a waiver of any other or further violation.
9.4.12 The CONTRACTOR shall comply with any and all additional City of Scottsdale codes, policies, and
standards, since the PROJECT lies entirely within the City of Scottsdale corporate boundary.
9.5
SUCCESSORS AND ASSIGNS
9.5.1
Except in the event the jurisdiction of the DISTRICT shall be taken over by another governmental
entity, this contract shall not be assigned by either party without prior written approval of the other.
The CONTRACTOR may use in the performance of this CONTRACT without prior approval of the
DISTRICT, personnel or services of its related entities and affiliated companies as if they were an
integral part of the Contractor; and it shall extend to and be binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
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9.6
NO KICK-BACK CERTIFICATION
9.6.1
The CONTRACTOR warrants that no person has been employed or retained to solicit or secure this
CONTRACT upon any agreement or understanding for a commission, percentage, brokerage, or
contingent fee; and that no member of the Board of Directors or any employee of the DISTRICT has
any interest, financially or otherwise, in the CONTRACTOR’S firm.
9.6.2
For breach or violation of this warranty, the DISTRICT shall have the right to annul this CONTRACT
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.
9.7
INFLUENCE
9.7.1
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence or
attempt to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct
or any unethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
1. A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type valuable contribution or subsidy;
2. That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of the DISTRICT or Maricopa County, the
Chief Procurement Officer of Maricopa County, or his designee, reserves the right to seek any
remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or
any remedy provided by this contract.
9.8
ANTI-DISCRIMINATION PROVISION
9.8.1
The CONTRACTOR shall not discriminate against any employee or applicant for employment
because of race, religion, gender, age, disability, or national origin, and further agrees not to engage
in any unlawful employment practices. The CONTRACTOR shall insert the foregoing provisions in
all subcontracts hereunder.
9.9
SMALL BUSINESS ENTERPRISE (SBE) PROGRAM
9.9.1
The Maricopa County Small Business Enterprise (SBE) Program is incorporated by reference. It is
DISTRICT’S policy to provide small businesses the opportunity to participate in the DISTRICT’S
solicitation process and to be considered to fulfill the requirement for various commodities and
services. No specific SBE participation percentage goal or dollar amount has been established for
this CONTRACT.
9.11
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
9.11.1 The undersigned, as authorized representative of CONTRACTOR, certifies to the best of his or her
knowledge and belief, that the CONTRACTOR, defined as the primary participant in accordance with
45 CFR Part 76, and its principals:
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Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal Department or agency;
Have not within a 3-year period preceding this CONTRACT been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (2) of this
certification; and
have not within a 3-year period preceding this CONTRACT had one or more public transaction
(Federal, State or local) terminated for cause of default.
Should the CONTRACTOR not be able to provide this certification, an explanation as to why should
be attached to the CONTACT.
The CONTRACTOR shall, without modification, include this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this CONTRACT.
9.12
CERTIFICATION REGARDING LOBBYING
9.12.1 The undersigned, as authorized representative of CONTRACTOR, certifies, to the best of his or her
knowledge and belief, that:
An attempt to influence includes, but is not limited to:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an office or employee
of an agency, a Member of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperation agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
2.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification
is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
Durango Campus Landscape & Water Conservation Retrofit -Pre-Construction CMAR FCD 2022C014
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U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
9.13 FORCED LABOR
By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394.
Contracting; procurement; prohibition; written certification; remedy; termination; exception;
definitions. Contractor certifies that it does not currently, and agrees for the duration of the contract,
that it will not use:
1. The forced labor of ethnic Uyghurs in the People’s Republic of China. Any goods or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
2. Any contractors, subcontractors or suppliers that use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
If contractor becomes aware during the term of the agreement that contractor is not in compliance
with this paragraph, the contractor shall notify the County within five business days after becoming
aware of the noncompliance. If the contractor fails to provide a written certification to the County that
the contractor has remedied the noncompliance within 180 days after notifying the County of its
noncompliance, then the agreement terminates, except that if the agreement termination date occurs
before the end the 180 day period, the agreement terminates on the agreement termination date.
9.14
NOTICES
9.14.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States mail, postage prepaid, return receipt requested, by commercial courier or by
hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the
party for whom it is intended at the place last specified. The place for giving notice shall remain the
same as set forth herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Michael A. Fulton
Director
2801 W. Durango Street
Phoenix, Arizona 85009
Harry Cooper
Project Manager
PPM Division
Rummel Construction, Inc.
Jason Kahn, Project Director
7520 East Adobe Drive
Scottsdale, AZ 85255
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10. Attached to this CONTRACT or contained herein is the written determination by the General Counsel to the
DISTRICT, that the DISTRICT is authorized under the laws of the State of Arizona to enter into this CONTRACT and
that it is in proper form.
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Attachment 1
Maricopa County Small Business Enterprise Program
Participation Reporting Form
This form is to be submitted with each pay application or invoice. Any pay application or invoice without
this form attached is subject to rejection as not being a completed pay application or invoice pursuant to
the terms of the contract.
_____________________________
___________________________________
Name of Prime Consultant/Contractor
Contract No.
_____________________________
___________________________________
Contact Person
Project No.
_____________________________
$__________________________________
Street Address
Amount of this Pay Application/Invoice
_____________________________
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay
application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to
A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work
Performed
$ Pd to SBE this
App/Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or
subcontractor with respect to this pay application/invoice.
Date: ____________________________
______________________________________
Signature
Phone No.: _______________________
______________________________________
Printed Name
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Attachment 2
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
CERTIFICATE OF INSURANCE
CONTRACT FCD 2022C014 Durango Campus Landscape & Water Conservation Retrofit -Pre-Construction CMAR
NAME AND ADDRESS OF INSURANCE AGENCY:
*COMPANIES AFFORDING COVERAGES:
Company
Letter
A
Company
Letter
B
Company
Letter
C
NAME AND ADDRESS OF INSURED:
Company
Letter
D
Company
Letter
E
Company
Letter
F
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
*CO.
LTR.
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
(MM/DD/YY)
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
GENERAL LIABILITY:
COMMERCIAL GENERAL LIABILITY
: Claims Made : Occur
: PREMISES OPERATIONS
: BLANKET CONTRACTURAL
: BROAD FORM PROPERTY
DAMAGE
: PERSONAL INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU Hazards
: INDEPENDENT CONTRACTORS
GENERAL AGGREGATE
PRODUCTS/COMPLETED
OPERATIONS AGGREGATE
EACH OCCURRENCE
$4,000,000
$2,000,000
$2,000,000
AUTOMOBILE LIABILITY:
: ANY AUTO
: ALL OWNED AND NON-OWNED
AUTOS
Combined Single Limit
Bodily Injury
Property Damage
Per person/Per accident
$2,000,000
$2,000,000
$2,000,000
$2,000,000
: EXCESS LIABILITY
: Umbrella Form
: Other than Umbrella Form
Each occurrence
Aggregate
$
$
: WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY
STATUTORY LIMITS AND
EMPLOYER’S LIABILITY:
EACH ACCIDENT
DISEASE: EACH EMPLOYEE
DISEASE: POLICY LIMIT
$1,000,000
$1,000,000
$1,000,000
: PROFESSIONAL LIABILITY
Each Claim
Aggregate
$2,000.000
$2,000,000
: OTHER:
Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District of Maricopa
County, Maricopa County, and their agents, representatives, officers, Directors, Officials, and employees are named
as Additional Insured’s.
Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District of Maricopa County (District), Maricopa County, City of Scottsdale, City of
Phoenix and, their agents, representatives, officers, Directors, Officials, and employees are named as Additional Insureds on those types of policies described herein which
are required to be furnished by this contract entered into between the insured and the District. To the extent provided in this Contract, insured shall hold harmless the District
from liability arising out of any services provided or duty performed by insured as required by statute, law, purchase order or otherwise required, with the exception of liability
for loss or damage resulting from the sole negligence of the District, its agents, employees, or indemnities. It is agreed that any insurance available to the named insured
shall be primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available
to the District without thirty (30) days written notice to the District. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE INSURANCE COMPANY.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2801 WEST DURANGO STREET
PHOENIX, ARIZONA 85009
DATE ISSUED:
AUTHORIZED REPRESENTATIVE
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Attachment 3
Certificate of Performance and Payment of All Claims
CONTRACTOR CONTRACT
hereby certifies to the Flood Control District of Maricopa County (District) that all
(Name of Signer)
lawful claims for labor, rental of equipment, material used, and any other claims by Rummel Construction, Inc., or
subcontractors in connection with the project described in District Contract FCD 2022C014 for Pre-Construction
Services, Durango Campus Landscape & Water Conservation Retrofit -Pre-Construction CMAR (CMAR), have
been paid.
Rummel Construction, Inc., understands that with receipt of payment for previously invoiced amounts plus any
retained monies, that this is a settlement of all claims of every nature and kind against the District arising out of the
performance of the District’s contract FCD 2022C014, relating to the material, equipment, and work covered in and
required by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this contract and
that he/she has no knowledge of any pending or potential claims in regard to this contract.
Upon submission of this document and a separate invoice for any retained funds to the District, invoice processing will
be completed within forty-five (45) calendar days.
State of Arizona
)
)§
County of Maricopa
)
Signed this
day of
, 20
.
Signature
Title
SUBSCRIBED AND SWORN TO before me this _____ day of _________, 20__.
Notary Public
My Commission Expires:
EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2022C014
CMAR FOR DURANGO CAMPUS LANDSCAPE AND WATER CONSERVATION
RETROFIT PROJECT
CONSTRUCTION MANAGER AT-RISK (CMAR)
PRE-CONSTRUCTION SERVICES
FCD 2022C014 Pre-Construction Services General Scope of Work
Page 2 of 8
Durango Campus Landscape and Water Conservation Retrofit Project – CMAR-Pre-Construction
EXHIBIT A
PRE-CONSTRUCTION SERVICES SCOPE OF WORK
The Durango Campus Landscape and Water Conservation Retrofit Project is a construction renovation of
the Flood Control District of Maricopa County’s (District) Main Administration Campus landscape,
irrigation, and parking areas, implementing Green Infrastructure/Low Impact Development (GI/LID) and
alternative stormwater management practices to create a showcase for water conservation focused site
design. The Project limits are primarily on the District’s Main Campus at 2801 West Durango Street,
Phoenix, AZ 85009), the City of Phoenix right-of-way adjacent to the property on Durango Street, and from
the median islands on RC Esterbrooks Boulevard to the property boundaries between Durango Street and
27th Avenue. This is a moderately complex project that, once constructed, will serve as an educational and
performance monitoring/research site for green stormwater infrastructure in order to provide much-needed
data supporting the usefulness of GI/LID features as flood mitigation and water conservation tools,
specifically in the Phoenix metropolitan region. It will also serve as an example of proper site-scale
stormwater management, effective use of Sonoran-desert adapted plants, and sustainable maintenance
practices for new construction and other retrofit projects in the Phoenix area. As such, the DISTRICT will
obtain valuable constructability input and Contractor partnering through delivery of Pre-Construction
Services under this Contract FCD2022C014.
The CONSTRUCTION MANAGER AT-RISK (CMAR) agrees to supply Pre-Construction Services to the
DISTRICT on an “as-needed” basis. Work assignments will be authorized by the DISTRICT and issued to
the CMAR under this General Scope of Work. Work assignments issued to the CMAR may include, but
are not limited to, the following:
I.
PROJECT MANAGEMENT AND MEETINGS
(i)
General
(A)
Performing site visits and site-specific inspections.
(B)
Providing deliverables in accordance with the project schedule.
(ii)
Project Administration
(A)
Coordination with the DISTRICT and the Design Consultant Team
(CONSULTANT).
(B)
Coordination with sub-consultants and vendors.
(C)
Providing monthly invoicing and progress reports.
(iii)
Project Coordination
(A)
Participation in scheduled progress meetings.
(B)
Participation in a working review and technical workshop meeting, comment
review meeting.
(C)
Participation in design team meetings with the DISTRICT, City representatives,
MCDOT, and the CONSULTANT.
(D)
Participation in Guaranteed Maximum Price (GMP) Meetings.
(E)
Participation in other meetings, as needed and requested by the DISTRICT.
FCD 2022C014 Pre-Construction Services General Scope of Work
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Durango Campus Landscape and Water Conservation Retrofit Project – CMAR-Pre-Construction
II.
CONSTRUCTION DOCUMENT AND DESIGN REVIEW
The existing construction documents are at 100%. The CMAR will meet with the DISTRICT and the
CONSULTANT to review these documents and make recommendations for revisions as needed based on
the subsections below.
(i)
Project Design and Constructability Review
(A)
Review construction drawings and construction documents (plans, special
provisions, supplemental general conditions, construction bid items, quantities,
cost estimates, etc.) for the Project and provide a “mark up” set of plans and written
comments.
(B)
Prepare an anticipated construction schedule to include, at a minimum, the
sequencing and duration of construction operations.
(C)
Review existing utility information and the geotechnical report and prepare utility
coordination comments, recommendations, and proposals for additional or
supplemental borings, geotechnical investigations, etc. as needed.
(D)
Evaluate constructability issues and evaluate proposals for feasible solutions.
(E)
Evaluate construction safety issues and evaluate proposals for construction safety
improvements.
(F)
Identify anticipated construction site security and facility/building access issues
and propose feasible solutions.
(G)
Review proposed construction areas such as: excavation areas, disposal areas,
staging areas, ingress/egress routes, haul routes, temporary irrigation water
locations, etc. for improvements to feasibility, safety, and minimizing disturbance,
as may be applicable.
(H)
Identify construction equipment, supplies, methods, and construction materials
needed for the project and research the availability of such equipment, supplies,
and materials.
(ii)
Value Engineering to Reduce or Control Costs
(A)
Coincident with the CMAR’s Project Design and Constructability Review, the
CMAR shall provide Value Engineering input, in coordination with the
CONSULTANT, for the DISTRICT’s consideration.
(iii)
Permitting
(A)
Identify requirements for permits or licenses from other agencies.
(B)
Develop permit applications that can be finalized and submitted by the CMAR.
III.
CONTRACTOR WORK PLAN AND QUALITY CONTROL PLAN PREPARATION
(i)
Work Plans
Work plans shall be submitted for review prior to the start of construction to provide the CMAR an
opportunity to elicit feedback from the Engineer on processes and their relationship to all of the
other activities required to accomplish the work. In so doing, the CMAR and the DISTRICT gain
assurance that the job will be completed as designed. Work Plans demonstrate the CMAR’s
understanding, forethought, and preparation for accomplishing the various elements of the project.
FCD 2022C014 Pre-Construction Services General Scope of Work
Page 4 of 8
Durango Campus Landscape and Water Conservation Retrofit Project – CMAR-Pre-Construction
The submittal of these plans for review prior to beginning the work provides an opportunity to
address misunderstandings without the cost of removing or redoing the work and gives greater
assurance that the job will be constructed as intended.
(A)
Prepare and submit comprehensive Work Plans which detail the anticipated
structural, earthwork, landscape, irrigation, water harvesting, drainage, site access
and security, traffic control, project/public information notification considerations,
and other significant construction activities for all major elements of work for
review and approval by the Engineer.
(B)
The CMAR’s Work Plans shall include detailed information for the chosen
approach, methods, and equipment to be used on each part of the work. The
CMAR’s approach will require methodical planning and sequencing.
(C)
Acceptable elements of the CMAR’s Work Plans will be utilized by the
DISTRICT, where applicable, in any necessary revisions in issuance of the revised
final construction documents.
(ii)
Contractor Quality Control (CQC) Plan
(A)
Prepare and submit a Construction Quality Control (CQC) Plan based on the input
from the DISTRICT and the CONSULTANT. The DISTRICT may provide
example(s) for reference. The CMAR shall prepare a DRAFT CQC to be submitted
in conjunction with the Constructability Review. The CMAR shall revise and
provide a FINAL CQC plan with GMP submittal, in conjunction with issuance of
the revised final construction documents.
IV.
COST ESTIMATES AND GUARANTEED MAXIMUM PRICE (GMP)
(i)
Construction Cost Estimating
(A)
The CMAR will be responsible for preparing up to two (2) Construction Cost
Estimates for review by the DISTRICT and CONSULTANT.
(B)
The CMAR shall prepare the Construction Cost Estimate based on the revised final
construction documents and shall estimate the cost of the major elements and
subcomponents of the project. The purpose of the Construction Cost Estimate is
to verify the DISTRICT’s ability to complete the project within the established
construction budget.
(C)
The final Construction Cost Estimate will be based on revised final construction
documents and should be “permit ready” with sufficient detail to allow issuance of
permits and gain required approval of all authorities having jurisdiction over the
Project. The final Construction Cost Estimate will be used as the basis for
negotiating the GMP for the project.
(ii)
Guaranteed Maximum Price (GMP) Derivation
Utilizing the information arrived at by formulating a schedule and cost estimates, along with the
results achieved by performing the Constructability Review and Value Engineering exercises, the
CMAR shall develop a GMP based upon the revised final construction documents.
(A)
The CMAR shall present the GMP in writing to the DISTRICT.
(B)
The CMAR should expect to develop at least two (2) draft GMP for
review/revision and comment, prior to derivation of a final GMP.
(C)
The final GMP shall include all pricing documents as set by the DISTRICT.
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Durango Campus Landscape and Water Conservation Retrofit Project – CMAR-Pre-Construction
(D)
The CMAR shall include at least three (3) quotes for each item provided by a
supplier and/or subcontractor. The CMAR needs to show due diligence to reach
out to receive as many quotes as possible.
V.
WORK ASSIGNMENTS
(i)
A detailed scope of work will be developed for each Work Assignment within the
guidelines set forth in this General Scope of Work and incorporated herein by reference.
A not-to-exceed fee will be negotiated for each Work Assignment consistent with the
DISTRICT Fee Schedule form.
(ii)
The CMAR shall complete all work in accordance with the provisions of this General
Scope of Work and the detailed Scope of Work as negotiated for each specific Work
Assignment. Performance for a Work Assignment shall commence only upon receipt of
the Agent’s written notice to proceed. All work initiated under this contract must be
completed on or before the expiration date of the contract.
(iii)
If a conflict exists between the Pre-Construction Services General Scope of Work and the
Work Assignment Detailed Scope of Work, the Work Assignment Detailed Scope of Work
shall govern.
VI.
PREQUALIFICATION OF SUBCONTRACTORS
(i)
Contractual Relationship
(A)
Nothing contained in the Contract shall create any contractual relationship between
the DISTRICT or CMAR and any Subcontractor.
(ii)
Award of Subcontracts
(A)
CMAR may select Subcontractors based on qualifications alone or on a
combination of qualifications and price, but may not select Subcontractors based
on price alone.
(B)
CMAR will select Subcontractors based on their Subcontractor Selection Plan
submitted with their statement of qualifications and approved by the DISTRICT.
(C)
The CMAR must receive DISTRICT approval of the selected Subcontractor(s).
(D)
If the DISTRICT objects to any Subcontractors or to any self-performed work the
CMAR shall nominate a substitute Subcontractor.
(E)
If the CMAR desires to self-perform certain portions of the Work, it will request
to be one of the approved Subcontractors.
(F)
The CMAR shall be expected to perform, within the CMAR’s own organization,
construction work that amounts to not less than thirty-five (35%) of the total
contract price for the construction. Requests for variance to this percentage will be
reviewed for approval or rejection at the sole discretion of the DISTRICT.
(G)
The Arizona Contractors License number of each Subcontractor shall be provided
to the DISTRICT. Upon request by the DISTRICT, the CMAR shall promptly
provide an experience statement or other requested information providing
evidence of the Subcontractors' qualifications for the Work and experience with
similar projects.
(H)
Upon request, the CMAR shall submit a summary report to the DISTRICT of the
Subcontractor selection process. The report will indicate the Subcontractors
contacted to determine interest, the Subcontractors solicited, the qualifications
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Durango Campus Landscape and Water Conservation Retrofit Project – CMAR-Pre-Construction
received, costs negotiated, and recommended Subcontractors for each category of
work.
(I)
Promptly after issuance of the Notice to Proceed, the DISTRICT will conduct a
pre-award conference with the CMAR and other team members.
(iii)
Sub-contractual Relations
(A)
By an appropriate Written Agreement, the CMAR may require each Subcontractor,
to the extent of the Work to be performed by the Subcontractor, to be bound to the
CMAR by the terms of the Agreement, and to assume toward the CMAR all the
obligations and responsibilities which the CMAR assumes toward the DISTRICT
and CONSULTANT, except with respect to the alternative dispute resolution
(ADR) provisions of this Contract.
(B)
All Work performed for the CMAR by a Subcontractor shall be pursuant to a
Written Agreement between the CMAR and the Subcontractor. The CMAR shall
insure that each such subcontract contains provisions requiring:
(a)
That the Work be performed and guaranteed in accordance with the
requirements of this Contract.
(b)
That the Subcontractor purchase and maintain insurance and comply with
all insurance provisions as required by Article 7 of the Contract.
(c)
That the Subcontractor complies with all Federal, State, and local laws,
local ordinances, and regulations as required by Article 9.
(iv)
Reducing Project Costs after Bidding
(A)
If, prior to the establishment of the GMP, the lowest responsive bid for
construction or supply of an element of the work exceeds the sum indicated in the
Construction Cost Estimate for the element of the work, the CMAR, in cooperation
with the DISTRICT, as required, shall evaluate possible means of bringing the
price to within the Construction Cost Estimate.
VII.
PAYMENTS
The amount of the work requested during the lifetime of the Contract is unknown, with the least
being zero and the maximum amount being limited to the “not to exceed” value of the Contract.
Payments will be made for the actual hours worked and/or other costs incurred or provided for in
accordance with Exhibit B, Fee Schedule.