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CITY COUNCIl
REPORT
Item 4
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Meeting Date:
General Plan Element:
General Plan Goal:
ACTION
July 2, 2026
Community Mobility
Transportation and Public Safety
Design Build Manager Construction Contract NEQ Parking Garage. Adopt Resolution No. 13717
authorizing Contract No. 2026-119-GOS between the City and Willmeng Construction, Inc. for an
amount not to exceed $12,907,921.55 to provide Design Build Manager (DBM) construction services
for Capital Project PD2503 - Build New Parking Structure in the NE Quadrant of Old Town Scottsdale
(the "NE Quadrant Parking Structure").
BACKGROUND
The proposed project will design and construct a parking garage located in the NE Quadrant of Old
Town. The total project budget available is $14,598,140. On March 4, 2025, Council approved
Resolution 13344 authorizing Design Build Manager Contract No. 2025-025-COS for preconstruction
and design services in the amount of $1,391,880 for the NE Quadrant Parking Structure.
The NE Quadrant Parking Structure will be sited on an existing surface parking lot owned by the City
at 7375 E. Stetson Drive, located North of E. 6**’ Ave., East of N. Wells Fargo Ave., and West of N.
Civic Center Plaza. The capacity of the new garage will be approximately 218 spaces.
ANALYSIS & ASSESSMENT
Recent Staff Action
Staff developed a design for a garage consisting of four floors and 218 parking spaces. Qn June 10,
2026, the Planning Commission approved ZN-0004-2026 to amend the zoning and related
development standards of an existing public surface parking lot to accommodate construction of a
four-floor parking garage, with "municipal use" as the designated land use.
Community Involvement
City staff held one-on-one meetings with property owners directly adjacent to the NE Quadrant
Parking Structure during the design process. A public meeting was held on November 6, 2025 where
the project team presented three design options to the community for feedback. The presentation
Action Taken
Page 1 of 3
City Council Report | Design Build Construction Contract NEQ Parking Garage
and public comment forms were available on the project website for those who could not attend
the meeting to participate.
RESOURCE IMPACTS
Available funding
Funding for this project is available in CIP Project PD2503.
Project
Total Project
Budget
(in millions)
Funds Spent
(in millions)
Remaining
Budget
(in millions)
Funding Sources
PD2503- Build New
Parking Structure in the
NE Quadrant of Old
Town Scottsdale
14.598
1.518
13.079
General Fund
RECOMMENDATION
Recommended Approach
Adopt Resolution No. 13717 authorizing Contract No. 2026-119-COS between the City and Willmeng
Construction, Inc. in an amount not to exceed $12,907,921.55 to provide Design Build Manager
(DBM) construction services for Capital Project PD2503 - Build New Parking Structure in the NE
Quadrant of Old Town Scottsdale.
Proposed Next Steps:
Upon Council approval, staff will begin the process to obtain a building permit and start
construction of the garage.
RESPONSIBLE DEPARTMENT(S)
Transportation and Infrastructure
STAFF CONTACT(S)
Nathan Crowell, Project Manager 480-312-2367. ncrowell(Sscottsdaleaz.gov
Page 2 of 3
City Council Report | Design Build Construction Contract NEQ Parking Garage
APPROVED BY
T
Alison Tymkiw, Senior^irector-City Engineer,
Transportation and Infrastructure
(480) 312-7760, atvmkiw(^scottsdaleaz.gov
Id
Date
ATTACHMENTS
1. Resolution No. 13717
2. Location Map
3. Contract No. 2026-119-COS
Page 3 of 3
RESOLUTION NO. 13717
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY. ARIZONA AUTHORIZING DESIGN BUILD MANAGER
CONTRACT NO. 2026-119-COS WITH WILLMENG CONSTRUCTION, INC. TO
PROVIDE CONSTRUCTION SERVICES FOR CAPITAL PROJECT PD2503 -
BUILD NEW PARKING STRUCTURE IN THE NE QUADRANT OF OLD TOWN
SCOTTSDALE IN AN AMOUNT NOT TO EXCEED $12,907,921.55.
WHEREAS, the City desires to construct Capital Project PD2503 - Build New Parking
Structure in the NE Quadrant of Old Town Scottsdale, located at 7375 E Stetson Drive,
Scottsdale, Arizona; and
WHEREAS, Willmeng Construction, Inc. has been selected through a competitive
solicitation process (RFSQ-082024-193) and is qualified to render the construction services
desired by the City.
follows:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale as
Section 1. The Mayor of the City of Scottsdale is authorized and directed to execute
Design Build Manager Contract No. 2026-119-COS with Willmeng Construction, Inc. for
construction services for Capital Project PD2503 - Build New Parking Structure in the NE
Quadrant of Old Town Scottsdale, in an amount not to exceed Twelve Million Nine Hundred Seven
Thousand Nine Hundred Twenty-One and 55/100 dollars ($12,907,921.55).
Section 2. The City Manager, or designee, is hereby authorized to execute such other
documents and take such other actions as necessary to carry out the intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Scottsdale this____day of
_____________2026.
ATTEST:
CITY OF SCOTTSDALE,
an Arizona municipal corporation
Ben Lane, City Clerk
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Luis E/^antaella, City Attorney
By: Lydia Tulin, Assistant City Attorney
19270776
Page 1 of 1
ATTACHMENT 1
Resolution No. 13717
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CITY OF SCOTTSDALE
DESIGN-BUILD MANAGER CONTRACT
FOR CONSTRUCTION SERVICES
PROJECT NO. PD2503 / SOLICITATION NO. RFSQ-082024-193
CONTRACT NO. 2026-119-COS
ATTACHMENT 3
CONTRACT NO. 2026-119-COS
TABLE OF CONTENTS
RECITALS.
.1
ARTICLE 1 - THE DBM’S SERVICES AND RESPONSIBILITIES ..........................................4
ARTICLE 2-THE CITY’S SERVICES AND RESPONSIBILITIES........................................16
ARTICLE 3 - CONTRACT TIME............... ....................................................................... 19
ARTICLE 4 - CONTRACT PRICE.............. .......................................................... ....... 22
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME.................................. ..... 27
ARTICLE 6 - PROCEDURE FOR PAYMENT........................................... .............. ....34
ARTICLE 7- CLAIMS AND DISPUTES............................................................................40
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION ................. 43
ARTICLE 9 - INSURANCE AND BONDS............................................... ..................... 46
ARTICLE 10-INDEMNIFICATION............................................. .......... .......................... 52
ARTICLE 11 - GENERAL PROVISIONS........................... ................................................64
ARTICLE 12 - BENCHMARKS................................ ..................... .................................. 67
ARTICLE 13 - DEFINITIONS............................................................................................67
EXHIBIT A - PROJECT DESCRIPTION SCOPE OF WORK
EXHIBIT B - PRECONSTRUCTION CONTRACT
EXHIBIT C - DBM’S HOURLY RATE SCHEDULE & GMP PROPOSAL
EXHIBIT D - STATUTORY PERFORMANCE BOND
EXHIBIT E - STATUTORY PAYMENT BOND
EXHIBIT F - CITY OF SCOTTSDALE PUBLISHED BENCHMARKS
EXHIBIT G - CONTRACTOR E-VERIFY COMPLIANCE WARRANTY
11218298V9
Project Narrve NE Quadrant Parking
Structure
Pagei
Project No. PD2503
CONTRACT NO. 2026-119-COS
CITY OF SCOTTSDALE
DESIGN-BUILD MANAGER CONTRACT
FOR CONSTRUCTION SERVICES
PROJECT NO. PD2503 / SOLICITATION NO. RFSQ-082024-193
CONTRACT NO. 2026-119-COS
THIS DESIGN-BUILD MANAGER CONTRACT FOR CONSTRUCTION SERVICES (“Contract")
is entered this___ day of__________ .
2026, between the City of Scottsdale, an Arizona
municipal corporation, (the “City") and Willmeng Construction, Inc., an Arizona corporation (the
“Design-Build Manager” or “DBM” or "Contractor”).
RECITALS
A.
The Mayor of the City of Scottsdale is authorized by provisions of the City Charter to
execute contracts for Professional Services and Construction Services.
B.
The City intends to design and construct CIP Project PD2603 - Build New Parking
Structure in the NE Quadrant of Old Town Scottsdale (hereinafter the “NE Quadrant
Parking Structure"), as more fully described in Exhibit A attached and by reference made
a part of this Contract, and hereinafter referred to in this Contract as the "Project". The
street address or physical address of the construction site is 7375 E. Stetson Drive,
Scottsdale, Arizona, hereinafter referred to the “Site".
C.
The Design-Build Manager ("DBM") has represented to the City its ability to provide
Preconstruction and Construction Services and to construct the Project. Based on these
representations the City desires to engage the DBM to provide the services identified in
this Contract.
D.
City of Scottsdale Contract No: 2025-025-COS has been executed previously between
the City and the DBM for Preconstruction Services (the “Preconstruction Contract"),
attached hereto as Exhibit B. Those services may continue during the duration of this
Contract.
FOR AND IN CONSIDERATION of the mutual covenants and conditions contained in this
Contract, it is agreed by the City and the DBM as follows:
ARTICLE 1 - THE DBM’S SERVICES AND RESPONSIBILITIES
The DBM will furnish any and all labor, materials, equipment, transportation, utilities, services
and facilities required to perform all Work for the Project’s Scope of Work, as more fully
described in Exhibit A attached hereto, for the construction services described In and
reasonably inferable from this Contract. All Work will be performed in a professional and
workmanlike manner and with the care and skill of a qualified DBM in Scottsdale, Arizona.
The Work will be strictly performed in conformity with all Legal Requirements and Contract
Documents as may be modified from time to time. It is not required that the services be
performed in the sequence in which they are described in this Contract. The Project is
11218298V9
Project Name: NE Quadrant
Parking Structure
Page 1 of71
Project No. PD2503
CONTRACT NO. 2026-119-COS
anticipated to be constructed in o n e (1) phase as Guaranteed Maximum Price #1(GMP
1) for complete construction services.
1.1. GENERAL SERVICES
1.1.1.
The DBM’S Representative will be available to the City and will have the
necessary expertise and experience required to supervise the Work. The DBM’s
Representative must communicate regularly with the City but not less than once
a day and must be vested with the authority to act on behalf of the DBM. The
DBM'S Representative may be replaced only with the written consent of the City,
which consent will not be unreasonably withheld.
1.1.2.
The City is a member of $AVE cooperative purchasing group. $AVE includes the
State of Arizona, Maricopa County, many Phoenix metropolitan area
municipalities, and many K-12 unified school districts. Under $AVE Cooperate
Purchasing Agreement, and with the concurrence of successful Respondents
under this solicitation, a member of $AVE may access a contract resulting from
this solicitation issued by the City. By signing the DBM Contract, the Contractor
agrees to allow other $AVE members the ability to purchase their needs and
"use" this contract for DBM requirements.
1.2. GOVERNMENT APPROVALS AND PERMITS
1.2.1. Unless otherwise provided, the DBM will make application for and obtain or assist
the City in obtaining all necessary permits, approvals and licenses required for
the prosecution of the Work from any governmental or quasi- governmental entity
having jurisdiction over the Project. Fees for City Building Permits and City
Encroachment Permits will be waived by the City. The DBM is specifically
required to obtain the necessary environmental permits and/or file the necessary
environmental notices. All environmental permits and licenses will be paid by the
City in accordance with the provisions of Article 2.5. All other fees and licenses
are the responsibility of the DBM.
1.
Scottsdale Revised Code, Chapter 31, Section 4, Division 3 prescribes the
requirements for Building Permits. Permits must be obtained from the
Development Services Office.
2.
Scottsdale Revised Code, Chapter 47, Section 3, Division 2 prescribes the
requirements for Encroachment Permits. Permits must be obtained from
the Development Services Office.
3.
Transportation & Infrastructure Inspection must be notified before the
beginning of Work, and CPM Inspection will represent the City for the
purpose of inspecting the Work for conformance to Plans, Specifications
and details as well as public safety requirements as authorized by City
Code.
4.
Development Fees applicable to the Contract will be pre-paid by the City.
The DBM will also obtain any reviews for all-necessary permitting, but the
fees for the permitting will be paid by the City in accordance with Article 2.5.
11218298V9
Project Name: NE Quadrant
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Project No. PD2503
CONTRACT NO. 2026-119-COS
The DBM is responsible for ali other review and permit fees not specifically
listed in Article 2.5.
The DBM is responsible for the cost of construction-related water meter(s),
water and sewer taps, fire lines and taps, and all water bills on the Project
meters until Substantial Completion of the Project. Arrangement for
construction water is the DBM's responsibility. Construction water does not
include "test water” required to complete new water line pressure tests.
1.2.2. Copies of all necessary permits and notices must be provided to the Contract
Administrator before starting the permitted activity. This provision is not an
assumption by the City of an obligation of any kind for any violation of the permit
or notice requirements.
1.2.3. The DBM will be responsible for City plan review and making application for and
obtaining permit(s) for building and demolition permits, but the fees will be paid
by the City in accordance with Article 2,5. The DBM will also obtain any
necessary regulatory or permitting related reviews for grading and drainage,
water, sewer, and landscaping, but any fees will be paid by the City in
accordance with Article 2.5. The DBM will be responsible for coordinating utility
design work for permanent service to the Project and will ensure that the work
takes place in a timely manner and does not impact the Project Schedule. Any
utility design fees for permanent sen/ices to the Project will be paid by the City
in accordance with Article 2,5.
1.2.4. The DBM will be responsible for all other review and permit fees not specifically
listed in Article 2.5 below, or as qualified in the Preconstruction Contract.
1.2.5. The DBM is responsible for the cost of construction related water meter(s)i Water
and sewer taps, fire lines and taps, and all water bills bn the project meters until
Substantial Completion of the Project. Arrangements for construction water are
the DBM’s responsibility. Construction water does not include “test water"
required to complete neyv water line pressure tests.
1.2.6. The Maricopa Association of Governments (M.A.G.) Standard Specification
107.12 is modified to read as follows; "The DBM, at his own expense, is
responsible for the acquisition, of any necessary temporary easements for
construction purposes, storage, maintenance and refuse haul-off as indicated
upon the plans, which are required in addition to existing easements or rights of
way secured by the City."
1.3. PRECONSTRUCTION CONFERENCE
1.3.1. Before beginning any Work, the Contract Administrator will schedule a
Preconstruction Conference. The Parties have entered into a separate
Preconstruction Contract for Design Phase Services establishing a fee the City
will pay the DBM for all Preconstruction Services. The City will not request or
obtain from the DBM a fixed price or Guaranteed Maximum Price (GMP) until
after the City has entered into a written contract with the DBM for Preconstruction
Services and a preconstruction fee.
1.3.2. The purpose of this conference is to establish a working relationship between the
Page 3 of 71
Project No. PD2503
11218298vg
Project Name: NE Quadrant
Parking Structure
CONTRAGT NO. 2026-119-COS
DBM, utility firmSj and various other City agencies. The agenda will include
critical elements of the work schedule, submittal schedule, cost breakdown of
major lump sum items, the DBM Payment Requests and processing,
coordination with the involved utility firms and/or utility companies (i.e. APS,
SRP, SW Gas, etc.) and emergency telephone numbers for all representatives
Involved in the course of construction.
1.3.3. At a minimum, attendees will include the DBM’s Representative, who is
authorized to execute and sign documents on behalf of the firm, the Job
Superintendent, the Design Professional and the DBM'S safety officer.
1.3.4. The construction Notice-tp-Proceed date will be established at the
Preconstruction Conference.
1.3.5. The DBM will provide a Baseline Project Schedule indicating duration,
rhanpower, and equipment resources required to complete all major work
activities. The City and the DBM will review the Baseline Project Schedule. It
will be revised to the satisfaction of the Contract Administrator. No work will begin
Until the City accepts the Baseline Project Schedule.
1.3.6. The DBM will provide a Schedule of Values (SOV) based on the Work and bids
accepted from selected Subcontractors. These values must reflect the actual
labor, time, materials, profit and overhead for the Work.
1.4. CONTROL OF THE WORK
1.4.1. The DBM will properly secure and protect all finished or partially finished Work,
and will be responsible for the Work until the entire Contract is completed and
accepted by the City. Any payment for completed portions of the Work will not
release the DBM from this responsibility, however, he must turn over the entire
Work in full accordance with these specifications before final settlement will be
made of claims remaining unsettled at the time of final payment. In case of
suspension of the Work for any cause, the DBM will be responsible for the Project
and will take all precautions as may be necessary to prevent damage to the
Project and will erect any necessary temporary structures, signs, or other
facilities at no cost to the City.
1.4.2. After all Work under the Contract Is completed, the DBM shall remove all loose
concrete, (umber, wire, reinforcing, debris and other materials not Included in the
final Work from the Project site.
1
1.4.3. The DBM must provide through itself or Subcontractors the necessary
supenrision, labor, inspection, testing, Start-Up, material, equipment, machinery,
temporary utilities and other temporary facilities to permit the DBM to complete
the Work consistent with the Contract Documents, unless the Contract
Documents provide that it is the responsibility ofthe City or a separate contractor..
1.4.4. The DBM must perform all construction activities efficiently and with the requisite
expertise, skill and competence to satisfy the requirements of the Contract
Documents. The DBM must at all times exercise complete and exclusive control
over the means, methods, sequences and techniques of construction.
11218298y9
Project Name: NE Quadrant
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Project No. PD2503
CONTRACT NO. 2026-119-COS
1.4.5. Survey stakes and marks required for the completion of the construction shown
on the plans and described in the specifications will be furnished by the DBM.
1.4.6. The DBM or the DBM’s Representative or his designee must be present at the
Work at all times that construction activities are taking place.
1. All elements of the Work, such as concrete work, pipe work, etc., will be under
the direct supervision of a foreman or his designated representative on the
Site who must have the authority to take actions required to properly carry
out that particular element of the Work.
2. In the event of noncompliance with Article 8, the City may require the DBM
to stop or suspend the Work in whole or in part.
1.4.7. Where the Contract Documents require that a particular product be installed or
applied by an applicator approved by the manufacturer, the DBM shall ensure that
the Subcontractor employed for that portion of the Work is pre-approved by the
manufacturer
1.4.8. The DBM must take field measurements and verify field conditions and carefully
compare all field measurements and conditions and other information known to
the DBM with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered must be immediately reported to the
City.
1.4.9. Before ordering materials or conducting work, the DBM and each Subcontractor
must verify measurements at the Site and will be responsible for the correctness
and accuracy of any measurements. No extra charge or compensation will be
allowed because of differences between actual dimensions and the dimensions
indicated on the drawings; differences, which may be found, will be submitted to
the City for resolution before proceeding with the Work.
1.4.10. The DBM must establish and maintain all building and construction grades, lines,
levels, and benchmarks, and will be responsible for their accuracy and
protection. This work must be performed or supervised by an Arizona licensed
civil engineer or surveyor.
1.4.11. Any person employed by the DBM or any Subcontractor who, in the opinion of
the City, does not perform his work in a proper, skillful and safe manner or is
intemperate or disorderly will at the written request of the City, be removed from
the Work by the DBM or Subcontractor employing the person, and will not be
employed again in any portion of the Work without the written approval of the
City. The DBM or Subcontractor will hold the City harmless from damages or
claims which may arise out of or occur in the enforcement of this Article.
1.4.12. The DBM assumes responsibility for the proper performance of the Work of
Subcontractors and any acts and omissions in connection with their
performance. Nothing in the Contract Documents is intended or considered to
create any legal or contractual relationship between the City and any
Subcontractor or Sub-Subcontractor, including but not limited to any third-party
beneficiary rights.
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CONTRACT NO. 2026-119-COS
1.4.13. The DBM must coordinate the activities of all Subcontractors. If the City performs
other work on the Project or at the Site with separate contractors under the City’s
control, the DBM agrees to reasonably cooperate and coordinate its activities
With those of the separate contractors so that the Project can be completed in an
orderly and coordinated manner without unreasonable disruption.
1.4.14. On a daily basis, the DBM will prepare a Contractor’s Daily Report. The City’s
Transportation & Infrastructure Inspector will provide a sample report format to
the DBM. The report will detail the activities that occurred during the course of
the day, all equipment utilized, the number of hours operated and all personnel
on the Sitelnclusive of Subcontractors. The Daily Reports must be submitted on
a daily basis, unless othenA/ise arranged, to the City’s CPM Inspector. The Daily
Reports must also be made available to the Contract Administrator upon request.
Failure to provide Daily Reports as arranged or requested above will result in the
retention of monthly progress payments until the Reports are brought up to date.
1.4.16. In the event of noncompliance with this Article 1.4, the City may require the DBM
to stop or suspend the construction in whole or in part. Any suspension, due to
the DBM’S noncompliance will not be considered a basis for an increase in the
Contract Price, GMP, or extension of the Contract Time.
1.5. CONTROL OF THE WORK SITE
1.5.1. Throughout all phases of construction, including suspension of Work, the DBM
must keep the Site reasonably free from debris, trash and construction wastes
to permit the DBM to perform its Construction Services efficiently, safely and
without interfering with the use of adjacent land areas. Upon Substantial
Completion of the Work, or a portion of the Work, the DBM will remove all debris,
trash, construction wastes, materials, equipment, machinery and tools arising
from the Work to permit the City to occupy the Project or a portion of the Project
for its intended use.
1.5.2. Dust Prevention. The DBM will take appropriate steps, procedures, or means
required to prevent abnormal dust conditions due to his construction operations
in connection with this Contract. The dust control measures will be maintained
at all times during construction of the Project to the satisfaction of the City in
accordance with the requirements of the Maricopa County Health Department
Air Pollution Control Regulations and City of Scottsdale Supplement to M.A.G.
Standard Specifications together with applicable provisions of Federal and State
Law.
1.5.3. Dust Control Coordinator. Subject to the requirements or exemptions contained
A.R.S. §49-474.05, as amended, the DBM shall comply with the training,
permitting, and Dust Control Coordinator requirements applicable to the Site and
the Project. The Dust Control Coordinator must have full authority to ensure that
dust control measures are implemented at the Site, including authority to conduct
Inspections, deploy dust suppression resources, and modify or shutdown
activities as needed to control dust. The Dust Control Coordinator must be
responsible for managing dust prevention and dust control on the Site, including
the use of leaf blowers and street sweeping equipment. The Dust Control
Coordinator must have a valid Dust Training Certification Identification Card
11218298V9
Project Name: NE Quadrant
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Project No. PD2503
CONTRACT NO. 2026-119-COS
readily accessible on the Site while acting as the Dust Control Coordinator.
A Subcontractor who is engaged in dust generating operations at a Site that is
subject to a Dust Control Permit issued by a County Control Officer and that
requires the control of PM-10 emissions from dust generating operations must
register with the County Control Officer. The Subcontractor must have its
registration number readily accessible on the Site while conducting any dust
generating operations.
1.6.4. Only materials and equipment, which are to be used directly in the Work, will be
brought to and stored on the Site by the DBM. When equipment is no longer
required for the Work, it will be removed promptly from the Site. Protection of
construction materials and equipment stored at the Site from weather, theft,
damage and all other adversity is solely the responsibility of the DBM.
1.6.6. The DBM is responsible for the cost to dispose of all waste products including
excess earth material, which will not be incorporated into the Work under this
Contract. The waste product will become the property of the DBM. The DBM will
provide for the legal disposal at an appropriate off-site location of all waste
products, debris, etc., and will make necessary arrangements for its disposal.
Any disposal/dumping of waste products or unused materials must conform to
applicable Federal, State and Local Regulations.
1.6.6. The DBM will supervise and direct the Work. He will be solely responsible for the
means, methods, techniques, sequences and procedures of construction. The
DBM will employ and maintain on the Work a full-time competent and qualified
supervisor or superintendent who will be at the Work, and who has been
designated in writing by the DBM as the DBM's Representative at the Site. The
Representative must have full authority to act on behalf of the DBM and all
communications given to the Representative will be as binding as if given to the
DBM. The Representative must be present on the Site at all times as required
to perform adequate supen/ision and coordination of the Work. Where
appropriate all Provisions of M.A.G., Section 105.5, will be applicable.
1.6.7. In the event of abnormal weather conditions, such as windstorms, rainstorms,
etc., the DBM will Immediately inspect the work site and take all necessary
actions to insure public access and safety are maintained.
1.6.8. Damage to property at the Site; The DBM is responsible for any and all damage
or loss to property at the Site, except to the extent caused by the acts or
omissions of the City or its representatives, employees or agents and not covered
by insurance. The costs and expenses incurred by the DBM under this Article
will be paid as a Cost of the Work to the extent that these costs and expenses
are in excess of or are not covered by required insurance, and to the extent of
any deductibles, but will not increase the Contract Price or GMP.
1.5.9. Damage to property of others: The DBM will avoid damage, as a result of the
DBM’S operations, to existing sidewalks, curbs, streets, alleys, pavements,
utilities, adjacent property, the work of Separate Contractors and the property of
the City. The DBM will repair any damage caused by the operations of the DBM.
Repair costs will be paid as a Cost of the Work to the extent that these costs and
expenses are in excess of or are not covered by required insurance, and to the
extent of any deductible, but shall not increase the Contract Price or GMP
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1.5.10. Failure of the DBM to repair damage: If the DBM fails to begin the repair of
damage to property as stated in Articles 1.5.8 andl .5.9, and diligently pursue the
repair, the City wiil give the DBM ten (10) days written notice to begin the repairs.
If the DBM fails to begin the repairs within the ten (10) day notice period, the City
may elect to repair the damages with its own forces and to deduct from payments
due or to become due to the DBM amounts paid or incurred by the City in
correcting the damage and shall not increase the Contract Price or GMP.
1.6.11. If applicable, the DBM will maintain American with Disabilities Act (ADA) and
American National Standards Institute (ANSI) accessibility requirements during
construction activities in an occupied building or facility. ADA and ANSI
accessibility requirements must include, but not be limited to, parking, building
access, entrances, exits, restrooms, areas of refuge, and emergency exit paths
of travel. The DBM is responsible for the coordination of all Work to minimize
disruption to building occupants and facilities.
1.6. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
1.6.1. Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions
of the Work for which submittals are required the way the DBM proposes to
conform to the information given and the design concept expressed in the
Contract Documents. The DBM will review, approve and verify that all submittals
meet the intent of the Contract Documents.
1.6.2. The DBM will review, approve, and verify that all submittals meet the intent of the
Contract Documents. Six (6) copies of each Shop Drawing, Product Data,
Sample, and any other similar submittals required by the Contract Documents,
will be delivered to the Contract Administrator for review. The DBM will carry out
these activities in a timely manner so as to cause no delay in the Work or in the
activities of the City or of separate contractors.
1.6.3.
The DBM will direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples, or similar submittals, to revisions other than those
requested by the City on previous submittals.
1.6.4. The DBM will perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples, or similar submittals until the respective
submittal has been approved by the City. All Work will be in accordance with
approved submittals. The DBM will not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples, or similar submittals by
the City’s approval. Deviation from the original specifications will be specifically
noted on the submittal to the City and the City will be allowed seven (7) days to
approve or reject any deviations.
1.6.5. By approving, verifying and submitting Shop Drawings, Product Data, Samples
and similar submittals, the DBM represents that the DBM has determined and
verified materials, field measurements and any related field construction criteria,
or will do so, and has checked and coordinated the information contained within
these submittals With the requirements of the Work and of the Contract
Documents.
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1.6.6. The DBM will not be relieved of responsibility for deviations from requirements
of the Contract Documents unless the DBM has specifically informed the City in
writing of the deviation at the time of submittal and the City has given written
approval to the specific deviation.
1.6.7. When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the City will be entitled to rely
upon the accuracy and completeness of the calculations and certifications.
1.6.8. Informational submittals upon which the City is not expected to take responsive
action may be so identified in the Contract Documents.
1.6.9.
When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, the City shall be entitled to rely
upon the accuracy and completeness of the calculations and certifications.
1.7. QUALITY CONTROL, TESTING AND INSPECTION
1.7.1. The City’s Construction Inspectors may be stationed on the Site to report to the
Contract Administrator or designee as to the progress of the Work, the manner
in which it is being performed, and also to report whenever it appears that
material furnished or Work performed by the DBM fails to fulfill the requirements
of the specifications and this Contract. The Construction Inspector may direct the
attention of the DBM to any such failure as described above but the inspection
will not relieve the DBM from any obligation to furnish acceptable materials or to
provide completed construction that is in compliance with the Contract
Documents in every particular.
1.7.2. In case of any dispute arising between the Contract Administrator or Construction
Inspector and the DBM as to material furnished or the manner of performing the
Work, the Construction Inspector will have the authority to reject materials or
suspend the Work until the question and issue can be referred to and decided by
the City. Construction Inspectors are not authorized to revoke, alter, enlarge,
relax, or release any requirements of the specifications. Construction Inspectors
will in no case act as foremen, supervisor, or perform other duties for the DBM or
interfere with the management of the Work by the DBM.
1.7.3. Inspection or supervision by the Contract Administrator or Designee will not be
considered as direct control of the individual workman and his work. The direct
control will be solely the responsibility of the DBM.
1.7.4. The furnishing of any services for the City will not make the City responsible for
or give the City control over construction means, methods, techniques,
sequenced procedures or for safety precautions or programs or responsibility for
the DBM'S failure to perform the Work in accordance with Contract Documents.
1.8. MATERIALS TESTING
1.8.1. All materials used in the Work must be new and unused, unless otherwise noted,
and must meet all quality requirements of the Contract Documents.
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1.8.2. AH construction materials to be used on the Work or incorporated into the Work,
equipment, plant, tools, appliances or methods to be used in the Work may be
subject to the inspection and approval or rejection by the City. Any material
rejected by the City wili be removed immediately and replaced in a manner
acceptable to the City.
1.8.3. The procedures and methods used to sample and test material wili be
determined by the City. Unless otherwise specified, samples and tests will be
made in accordance with the following: The standard methods of American
Association of State and Highway Transportation Off Roads (AASHTO) or
American Society for Testing and Materials (ASTM), and Maricopa Association
of Governments (MAG) supplements.
1.8.4. The City will select a pre-qualified Independent Testing Laboratory and will pay
for initial City Acceptance Testing,
1. When the first and subsequent tests indicate noncompliance with the
Contract Documents, the cost associated with that noncompliance will be
paid for by the DBM. The DBM’s Contingency will be utilized for the cost of
re-testing.
2. When the first and subsequent tests indicate noncompliance with the
Contract Documents, all retesting will be performed by the same testing
agency.
1.8.5. The DBM will cooperate with the selected testing laboratory and all others
responsible for testing and inspecting the Work and will provide them access to
the Work at all times upon reasonable advance notice.
1.8.6. All soils and materials testing will be performed by the DBM or its representatives
and paid for by the City. The City will order tests and distribute test results for
all construction areas. The City will be responsible for ordering testing and will
distribute test results within 24 hours of receipt.
1. The City will pay for soils Or materials testing as a separate line item in the
Schedule of Values.
2. Other material testing: when the first and subsequent tests indicate
noncompliance with the Contract Documents, the cost associated with that
noncompliance will be paid for by the DBM. The Construction Contingency
cannot be utilized for the cost of re-testing.
1.8.7. At the option of the City, materials may be approved at the source of supply
before delivery is started.
1.8.8. Code compliance testing and inspections required by codes or ordinances, or by
a plan approval authority, and which are made by a legally constituted authority,
will be the responsibility of and wili be paid by the DBM, unless othenvise
provided in the Contract Documents.
1.8.9.
The DBM’s quality control testing and inspections shali be the sole financial
responsibility of the DBM.
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1.9. PROJECT RECORD DOCUMENTS/AS-BUILTS
1.9.1. During the construction period, the DBM will maintain at the jobsite a set of
blueline or blackline prints of the Construction Document drawings and Shop
Drawings for Project Record Document purposes.
1. The DBM will mark these drawings to indicate the actual installation where
the installation varies appreciably from the original Construction Documents.
The DBM will give particular attention to information on concealed elements,
which would be difficult to identify or measure and record later. Items
required to be marked include but are not limited to:
Dimensional changes to the drawings
Revisions to details shown on drawings
Depths of foundations below first floor
Locations and depths of underground utilities
Revisions to routing of piping and conduits
Revisions to electrical circuitry,
Actual equipment locations
Duct size and routing
Locations of concealed internal utilities
Changes made by Contract Amendments
Details not on original Contract Drawings
2. The DBM will mark completely and accurately Project Record Drawing prints
of Construction Documents or Shop Drawings, whichever is the most capable
of indicating the actual physical condition. Where Shop Drawings are
marked, show cross-reference locations on the Construction Documents.
3. The DBM will mark Project Record Drawing sets with red erasable colored
pencil.
4. The DBM will note Requests for Information (RFI) Numbers, Architects’
Supplemental Information (ASI) Numbers and Contract Amendment
Proposal Numbers, etc., as required to identify the source of the change to
the Construction Documents.
5. The DBM will at the time of Substantial Completion, submit Project Record
Drawing prints and Shop Drawings to the City or its representative for review
and comment.
1.9.2. Immediately upon receipt of the reviewed Project Record Drawings from the City,
the DBM will correct any deficiencies or omissions to the drawings and prepare
the following for resubmission to the City:
1. A complete set of PDF electronic files of all Project Record Drawings vyill be
prepared by the DBM in electronic format. Each drawing will be clearly
marked with “As-Built Document." Files will be named consistent with the
Plan Set Index.
2. A complete set of As-Built Docurnent reproducible mylars will be made by the
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DBM and delivered to the City as part of the Project closeout.
3. The DBM’S original redlined mark-up prints of the Project Record Drawings.
1.10. PROJECT SAFETY
1.10.1. The DBM Safety Program. The Site environment in which the DBM operates
may on occasion present a potential safety and health hazard to any who may
be on the jobsite. All Work must be performed in compliance with all applicable
Federal, State and Local laws, ordinances, statutes, rules and regulations
Including Arizona Division of Occupational Safety and Health (ADOSH)
policies and procedures. The DBM will be required to attend a City safety
briefing session at the Preconstruction Conference. The Contract
Administrator, the designated Risk Management staff, and a DBM’s
representative will attend the session. The DBM will provide a safe job site and
work environment for the safety and health of employees and members of the
general public and comply with all Legal Requirements including but not
limited to the following:
Occupational Safety and Health Act (OSHA)
Electrical Safe Work Practices Standards
OSHA Personal Protective Equipment Standards
National Fire Protection Association (NFPA) 70E Standard for Electrical
Safety in the Workplace
OSHA Fall Protection Standards
OSHA Confined Space Entry
All other applicable requirements of OSHA and local codes and
agencies having jurisdiction.
Contractors that violate the aforementioned rules and regulations may be
subject to job shutdown and or removal from City facilities.
1.10.2.
The City Safety Rules and Expectations: Risk Management Division makes
available a packet that contains the City’s OSHA compliance guidelines,
emergency evacuation, the City’s safety and health plan, and other safety
information.
1.10.3.
Contractor Safety Tailgate Meetings: The DBM will conduct tailgate safety
meetings regularly to ensure that safety on the job is given priority.
1.10.4.
Accidenl/lnjury Procedure: The DBM will contact the Contract Administrator
and the City’s Risk Management Division within twenty-four (24) hours of the
occurrence of an accident or injury arising out of the DBM's Work under this
Contract.
1.10.5.
Unsafe Acts: The DBM employees are encouraged to abate or remedy any
unsafe act or condition, which may arise in the course of the DBM’s Work under
this Contract.
1.10.6. Safety Audits: The City reserves the right to conduct safety audits at the job site
and stop unsafe acts at any time. In addition, the City must be notified within four
(4) hours should any OSHA Inspections occur at the Site.
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1.10.7.
The DBM recognizes the importance of performing the Work in a safe manner
so as to prevent damage, injury or loss to (i) all individuals at the Site, whether
working or visiting, (ii) the Work, including materials and equipment
incorporated into the Work or stored on-Site or off-Site, and (iii) all other
property at the Site or adjacent to the Site.
1.10.8.
The DBM assumes responsibility for implementing, monitoring, and
documenting all safety precautions and programs related to the performance
of the Work.
1.10.9.
The DBM will, before beginning construction, designate a Safety
Representative with the necessary qualifications and experience to supervise
the implementation and monitoring of all safety precautions and programs
related to the Work. Unless otherwise required by the Contract Documents,
the DBM'S Safety Representative will be an individual stationed at the Site who
may have responsibilities on the Project in addition to safety.
1.10.10. The DBM must provide OSHA 300A Summary log information Including total
recordable cases, total case rates, and lost workday incident rates for the past
two (2)calendar years. This information can be compared to Bureau of Labor
Statistics (BLS) rates to determine whether a contractor has below average or
above average accident/injury rates. Bureau of Labor Statistics information
can be obtained through Risk Management. The Safety Representative will
make routine daily inspections of the Site and will hold weekly safety meetings
with DBM’S personnel, Subcontractors and others as applicable.
1.10.11. The DBM and Subcontractors will comply with all Legal Requirements relating
to safety, as well as any City-specific safety requirements contained in the
Contract Documents, provided that any City-specific requirements do not
violate any applicable Legal Requirement.
1.10.12. The DBM will immediately report in writing any safety-related injury, loss,
damage or accident arising from the Work to the Contract Administrator and,
to the extent mandated by Legal Requirements, to all government or quasl-
governmental authorities having jurisdiction over safety-related matters
involving the Project or the Work.
1.10.13. The DBM'S responsibility for safety under this Article 1.10 is not intended in
any way to relieve Subcontractors and Sub-Subcontractors of their own
contractual and legal obligations and responsibility for (i) complying with all
Legal Requirements, including those related to health and safety matters, and
(ii) taking all necessary measures to Implement and monitor all safety
precautions and programs to guard against injury, losses, damages or
accidents resulting from their performance of the Work.
1.10.14. The DBM and Subcontractors must agree to provide to the City Material Safety
Data Sheets for all substances that are delivered to the Site that come under
OSHA Toxic and Hazardous Substances - Hazard Communication Standard,
29 CFR 1910.1200 Hazard Communicatiori (reference Occupational Safety
and Health Standards, Subpart Z Toxic and Hazardous Substances -
Hazardous Communication Standard).
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In conjunction with the Occupational Safety and Health Standards, Subpart Z
Toxic and Hazardous Substances - Hazard Communication Standard, 29 CFR
1910.1200 Hazard Communication, the DBM and Subcontractors are informed
of the presence of chemicals in the area where the Work requested will be
performed. It is the responsibility of all selected Contractors to contact the City
for specific information relative to the type of chemicals present and location of
appropriate Material Safety Data Sheets.
Unless included in the Work, if the DBM encounters on-Sile material which he
reasonably believes to contain asbestos^ polychlorinated biphenyl (PCB), or
other hazardous substances or materials regulated by Public Health Laws, he
will immediately stop work and report the condition to the City. If the material
is found to contain asbestos, PCB or other hazardous substances or materials
regulated by Public Health Laws, the DBM will not resume work in the affected
area until the material has been abated or rendered harmless. The DBM and
the City may agree, in writing, to continue work in non-affected areas on-Site.
An extension of Contract Time and an increase iri the GMP may be granted in
accordance with Article 5.
Upon discovery of hazardous substances or materials the DBM will comply
with all applicable laws/ordinances and regulations and take all appropriate
health and safety precautions.
The DBM and all Subcontractors using chemicals on City property will use only
the safest chemicals, with the least harmful Ingredients. The chemicals will be
approved for use by a City representative before bringing them on the property.
The DBM and all Subcontractors will make every attempt to apply approved
chemicals with highly volatile organic compounds, outside of working hours.
Adequate ventilation will be used at all times during the application of these
approved chemicals.
1.11. WARRANTY
1.11.1. The provisions of M.A.G., Section 108.8 will apply with the following additional
requirements:
1. Should the DBM fail to begin repairs or corrective work within fourteen (14)
calendar days after receipt of written notice from the City, the City may
perform the necessary work and the DBM agrees to reimburse the City for
the actual cost without an increase in the Contract Price or GMP.
2. The warranty period on any part of the Work so repaired or replaced will be
extended for a period of one (1) year from the date of the repair or
replacement.
3. This warranty will not apply to damage caused by normal wear and tear or
by acts beyond the DBM’s control.
1.11.2. The DBM'S warranty obligation excludes defects caused by abuse, alterations,
or failure to maintain the Work by persons other than the DBM or anyone for
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whose acts the DBM may be liable.
1.11.3.
The DBM’S warranty obligation will be the maximum allowed by the Arizona
Registrar of Contractors.
1.11.4.
The DBM further warrants that any material or service supplied to the City shall
fully conform to all requirements of the Contract Documents and all
representations of the DBM, and shall be fit for all purposes and uses required
by the Contract Documents, The materials and services supplied under this
Contract shall comply with all applicable federal, state and local laws, and the
DBM shall maintain all applicable licenses and permits.
1.11.5.
Nothing in this warranty is intended to limit any manufacturer's warranty which
provides the City with greater warranty rights than those provided in this Article
1.11 or the Contract Documents. The DBM will provide the City with all
manufacturers’ warranties upon Substantial Completion,
1.12. CORRECTION OF DEFECTIVE WORK
1.12.1.
The DBM agrees to correct any Work that is found to not be in conformance
with the Contract Documents, including that part of the Work subject to Article
1.11 above, within a period of one (1) year from the date of Substantial
Completion of the Work or any portion of the Work, or within any longer period
to the extent required by the Contract Documents. A Progress Payment, or
partial or entire use or occupancy of the Project by the City will not constitute
acceptance of the Work if not in accordance with the Contract Documents.
1.12.2.
The DBM willtake meaningful steps to begin correction of nonconforming Work
as notified by the City. This includes the correction, removal or replacement of
the nonconforming Work and any damage caused to other parts of the Work
affected by the nonconforming Work. If the DBM fails to initiate necessary
measures for this Work within seven (7) days of receipt of written notice from
the City, the City, in addition to any other remedies provided under the Contract
Documents, may provide the DBM with written notice that the City wili begin
correction of any noticonforming Work with its own forces.
1.12.3.
If the City does perform this corrective Work, the DBM will be responsible for
all reasonable costs incurred by the City In performing the correction without
increasing the Contract Price or GMP.
1.12.4.
The DBM will immediately respond to any nonconforming Work that creates an
emergency.
1.12.5.
The one (1) year period referenced in this Article 1.12 applies only to the DBM’s
obligation to correct nonconforming Work and is not intended to constitute a
period of limitations for any other rights or remedies the City may have
regarding the DBM’s other obligations under the Contract Documents.
1.13. SUBCONTRACTOR AND MAJOR SUPPLIER SELECTION. The DBM shall prepare a
Subcontractor/Supplier selection plan and submit the plan to the City for approval or the
DBM may use the City’s plan. If the Parties have entered into a Preconstruction Contract
that contains Subcontractor and Major Supplier provisions, in selecting Subcontractors and
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Major Suppliers, the DBM will comply with the provisions in the Preconstruction Contract.
For Horizontal Construction the DBM must self-perform not less than 45% of the Work as
required by A.R.S. §34-605(0).
ARTICLE 2 - THE CITY’S SERVICES AND RESPONSIBILITIES
2.0 DUTY TO COOPERATE. The City will, throughout the performance of the Work, cooperate
with the DBM and perform its responsibilities, obligations and services in a timely manner to
facilitate the DBM’s timely and efficient performance of the Work so as not to delay or interfere
with the DBM'S performance of its obligations under the Contract Documents. The City will furnish
to the DBM a Computer Aided Drafting and Design (CADD) file or electronic format of the
Construction Documents acceptable to the City, at no cost to the DBM.
2.1. CONTRACT ADMINISTRATION
2.1.1. The Construction Administration Supervisor will be responsible for providing
City-supplied information and approvals in a timely manner to permit the DBM to
fulfill its obligations under the Contract Documents.
2.1.2. The Contract Administrator will also provide the DBM with prompt notice if the
Contract Administrator observes any failure on the part of the DBM to fulfill its
contractual obligations, including any default or defect in the Project or non
conformance with the drawings and specifications. The Contract Administrator
has the authority to authorize Change Orders up to the limits permitted by the
City’s Procurement Code.
2.2. THE CITY’S SEPARATE CONTRACTORS. The City is responsible for all Work performed
on the Project or at the Site by separate contractors under the City's control. The City will
contractually require Its separate contractors to cooperate with and coordinate their
activities so as not to interfere with the DBM in order to enable the DBM to timely complete
the Work consistent with the Contract Documents. The DBM agrees to reasonably
cooperate and coordinate its activities with those of the separate contractors so that the
Project can be completed in an orderly and coordinated manner without unreasonable
disruption.
2.3. PERMIT REVIEW AND INSPECTIONS. Approving specific parts of the Building Permit is
the responsibility of the City’s Transportation & Infrastructure. The City of Scottsdale Plan
Review Division issues Certificates of Occupancy.
2.4. FURNISHING OF SERVICES AND INFORMATION
2.4.1. The City will be responsible for the payment or waiver of the following:
1. City review and permit{s) fees for building, encroachment, and demolition
permits.
2. City review fees for grading and drainage, water, sewer, and landscaping.
3. Utility design fees for permanent services.
4. Obtaining Clean Water Act Nationwide 404 Permits.
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5. City Development Fees.
6. Environmental Permits and Licenses.
2.4.2. Unless expressly stated to the contrary in the Contract Documents, the City will
provide, (at its own cost and expense) to the DBM, the following information:
1. To the extent available, surveys describing the property, boundaries,
topography and reference points for use during construction, including
existing service and utility lines;
2. Temporary and permanent easements, zoning and other requirements and
encumbrances affecting land use, or necessary to permit the proper design
and construction of the Project and enable the DBM to perform the Work;
3. A legal description and Street or Physical address of the Site;
4. To the extent available, as-built record or historicar drawings of any existing
structures at the Site;
5. To the extent available, environmental studies/reports and environmental
impact statements describing the environmental conditions (including
hazardous materials) known to exist at the Site;
6. To the extent available. Geotechnical studies describing subsurface
conditions, and other surveys describing other latent or concealed physical
conditions at the Site.
The City will provide all City standards and guidelines, supplementary
conditions and special provisions that will be included in the plans and
specifications for the Project. These may include but are not limited to:
disposal of surplus material, special security provisions, investigation of
underground facilities, traffic controls and regulations, special quality control
testing and termite treatment requirements.
The City is responsible for securing and executing all necessary agreements
with adjacent land or property owners that are necessary to enable the DBM
to perform the construction. The City is further responsible for all costs,
including attorneys’ fees, incurred in securing these necessary agreements.
2.5. PROJECT MANAGEMENT SERVICES
2.5.1. The City may contract separately with one or more Technical Consultants to
provide project management assistance to the Project. The Technical
Consultant’s contract as well as other firms hired by the City will be furnished to
the DBM. The DBM will not have any right however, to limit or restrict any
Contract Modifications that are mutually acceptable to the City and the Technical
Consultant.
2.5.2. The Technical Consultant services will augment the City Staffing resources to
effectively manage the objectives of the City and this Project with the goal of
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managing the key Project communication, cost and time parameters.
2.6.3. The Technical Consultant may provide preprogramming and design standards.
2.6.4. The City may contract with the Technical Consultant to provide some or all of the
following services during the performance of the construction:
1. Oversight of the construction: The City may hire Technical Consultants to
assist it in oversight of the Construction Project. The Technical Consultants
will:
2. Conduct Site visits at intervals appropriate to the stage of construction to
become generally familiar with the progress and quaiity of the completed
construction and to determine in general if the construction is being
performed in accordance with the Construction Documents. The Technical
Consultant will keep the City informed of progress of the construction, and
wiii endeavor to guard the City against defects and deficiencies in the
construction. The Technical Consultant may have authority to reject
construction vyhich does not conform to the Construction Documents and to
require additional inspection or testing of the construction in accordance with
Articles 1.7 and 1.8;
3. Review and recommend approval of the DBM’s Payment Requests;
4. Interpret matters concerning performance under and requirements of the
Contract Documents on written request of the City. The Technical
Consultant's response to these requests will be made with reasonable
promptness and within any time limits agreed upon;
5. Analyze, recommend and assist in negotiations of Change Orders;
6. Conduct inspections to determine Substantial Completion and Final
Acceptance;
7. Receive and forward to the City for the City’s review and records written
warranties and related documents required by the Contract Documents and
assembled by the DBM.
ARTICLE 3 - CONTRACT TIME
3.0 CONTRACT TIME
3.1.1. Contract Time will be three hundred four (304) calendar days as indicated in the
Notice-to-Proceed (NTP).
3.1.2. Contract Time will start with the Construction Notice to Proceed (NTP) and end
with Substantial Completion. The City will issue a NTP letter establishing the
mutually agreed upon NTP date for this Contract.
3.1.3. Failure on the part of the DBM to adhere to the Project Schedule requirements
for activities for which it is responsible will be sufficient grounds for termination
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of this Contract by the City.
3.1.4. Each GMP amendment to this Contract will establish a separate construction
NTP date, Performance Period and Substantial Completibn date for the entire
Project. The Performance Period(s) may be sequential or may run concurrently.
3.1.5. The DBM agrees that it will commence performance of the Work and achieve
Performance Periods and the Contract Time.
3.1.6. All of the times stated in this Article 3 will be subject to adjustment in accordance
with Article 5.
3.2. CONSTRUCTION SCHEDULE. Each approved GMP proposal will include a Project
Schedule as prescribed in Article 3.4 below with a Critical Path Method diagram
construction schedule that will indicate the critical path activities and establish the
Performance Period encompassed by the GMP. The DBM will maintain the construction
schedule throughout the construction.
3.3. LIQUIDATED DAMAGES. The DBM understands that if Substantial Completion is not
attained within the Contract Time, which may be adjusted, the City will suffer damages,
which are difficult to determine and accurately specify. The DBM agrees that if Substantial
Completion is not attained within the Contract Time, as may be adjusted, the DBM will pay
as liquidated damages the amounts specified in Section 108.9 of the M.A.G. Standard
Specifications, incorporated in this Contract by reference. These amounts may be adjusted
depending on the anticipated or actual loss caused by the delay and the difficulty of proof
of loss.
3.4. PROJECT SCHEDULE
3.4.1. The Project Schedule will be initially submitted at the start of this Contract as
required by Article 1 and updated and maintained throughout the Contract
Services. An updated Project Schedule will be part of the GMP amendment.
3.4.2. The Project Schedule will be revised as required by conditions and progress of
the Work, but any revisions will not relieve the DBM of its obligations to complete
the Work within the Contract Time(s), as these dates may be adjusted in
accordance with the Contract Documents.
3.4.3. Updated Project Schedules will be submitted monthly to the City five (5) days
before the DBM's monthly Payment Request.
1. The DBM will provide the City with a monthly status report with each Project
Schedule detailing the progress of Construction, including whether (i) the
construction is proceeding according to schedule, (ii) discrepancies,
conflicts, or ambiguities exist in the Contract Documents that require
resolution, and (iii) other items that require resolution so as not to jeopardize
the ability to complete the construction as presented in the GMP and within
the Contract Time(s).
2. With each Project Schedule submitted, the DBM will include a transmittal
letter including the following:
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a. Description of problem tasks (referenced to field instructions,
requests for information (RFIs), change order or claim numbers) as
appropriate.
b. Current and anticipated delays not resolved by approved change
orders, including:
o Cause of the delay
o Corrective action and schedule adjustments to correct the delay
o Known or potential impact of the delay on other activities,
milestones, and the date of Substantial Completion
Changes in construction sequence
o
c. Pending items and status including but not limited to:
o Pending change orders
o Time extension requests
Other items
o
d. Substantial Completion date status:
o If ahead of schedule, the number of days ahead
o If behind schedule, the number of days behind
e. Other project or scheduling concerns.
3.4.4. The City’s review of and response to the Project Schedule is only for general
conformance with the scheduling requirements of the Contract Documents. The
review will not relieve the DBM from compliance with the requirements of the
Contract Documents or be construed as relieving the DBM of its complete and
exclusive control over the means, methods, sequences and techniques of
executing the Work.
3.4.5. The Project Schedule will include a Critical Path Method diagram schedule that
will show the sequence of activities, the interdependence of each activity and
indicate the path of critical activities.
The Critical Path Method diagram schedule will be in days and indicate duration,
earlier and latest start and finish dates, and float times for all activities except
critical activities and will be presented in a time scaled graphical format for the
Project as a whole.
1. The activities making up the schedule will be of sufficient detailto assure that
adequate planning has been done for proper execution of the Work and
provides an appropriate basis for monitoring and evaluating the progress of
the Work.
2. The Critical Path Method diagram construction schedule will be based upon
activities, which would coincide with the schedule of values.
3. The Critical Path Method diagram schedule will show all subrnittals
associated with each Work activity and the review time for each submittal.
4. The schedule will show milestones, including milestones for City-furnished
information, and will include activities for City-furnished equipment and
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furniture, if any, when those activities are interrelated with the DBM’s
activities.
5. The schedule will include a critical path activity that reflects anticipated rain
delay during the performance of the Contract. The duration will reflect the
average climatic range and usual industrial conditions prevailing in the
locality of the Site. Weather data will be based on information provided by
the National Weather Service or other approved source.
3.5. COST ESTIMATES. Provisions pertaining to Cost Estimates may be found in the GMP
Proposal, attached as Exhibit C.
3.6. CONSTRUCTION MANAGEMENT PLAN. As a part of the Preconstruction Contract the
City has required the DBM to prepare a Construction Management Plan.
3.7. DESIGN SERVICES. Design Services have been performed by the DBM in
accordance with the Preconstruction Contract.
ARTICLE 4 - CONTRACT PRICE
4. The DBM agrees to do all Work for the design and construction of the Project and to
completely construct the improvements and install the material, as called for by this Contract
free and clear of all claims, liens, and charges, in the manner and under the conditions
specified within the time, or times, as set forth in the GMP Proposal, as may be amended from
time to time, attached as Exhibit C. and by reference made a part of this Contract.
4.1. CONTRACT PRICE
4.1.1. The Contract Price is a not-to-exceed-price of Twelve Million Nine Hundred
Seven Thousand Nine Hundred Twenty-One and 55/100 dollars
($12,907,921.55) as stated in detail in the GMP Proposal attached as Exhibit C.
4.1.2.
The Contract Price is the sum of the GMP including the City’s Project Contingency
and Allowances defined in Article 13 and is subject to adjustments made in
accordance with Article 5.
4.1.3. The DBM will be responsible for payment of all State of Arizona and City of
Scottsdale transaction privilege (sales) taxes due on construction income,
whether or not these taxes are specifically separated in the bid amount.
4.1.4. Unless otherwise provided in the Contract Documents, the Contract Price is
considered to include all sales, use, consumer and other taxes throughout the
term of this Contract, whether or not yet effective or merely scheduled to go into
effect.
4.1.5. The DBM must secure and maintain, during the life of the Contract, State of
Arizona and City of Scottsdale Transaction Privilege (sales) Tax Licenses.
To obtain a State of Arizona Privilege (Sales) Tax License Application,
please
go
to
the
following
website:
httD://www.revenue.state.az.us/ADOR Forms/70-79/74-4002 fillable.pdf
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To obtain a City of Scottsdale Transaction (Sales) Tax License Application,
please
go
to
the
following
website:
http://www.scottsdaleaz.qov/taxes/salestax.asp
4.2. RESPONSIBILITY FOR PRIVILEGE (SALES) TAXES
The DBM is responsible for payment of all applicable State of Arizona and City of
Scottsdale transaction privilege (sales) taxes due on construction income whether
or not these taxes are specifically separated in the bid amount. The taxes are to be
reported on either a progressive billing (accrual) basis or cash receipts basis,
depending on the method chosen at the time application was made for the Privilege
(sales) Tax License.
City Privilege (sales) tax exemptions/deductions may be applicable to certain
projects. The DBM is advised to consider this as it prepares its bid. Please review,
in detail. Sections 415, 465, and 110 of the Scottsdale Revised City Code, Appendix
C to determine if exemptions/deductions are applicable. For tax guidance, please
reference the City Code and other tax resources at the following website:
http://www.scottsdaleaz.qov/taxes/
The State of Arizona has similar exemptions, please reference A.R.S. Title 42 at the
following website:
http://www.azleq.state.az.us/ArizonaRevisedStatutes.asp?Title=42
For further questions regarding tax treatment, please contact the Arizona
Department of Revenue at 602-255-2060 and the City of Scottsdale Tax & Audit
Section at 480-312-2768.
4.3. CONTINGENCIES AND ALLOWANCES. Any contingencies and allowances as agreed
upon between the City and the DBM will be as stated in the GMP.
4.4. MARKUPS FOR CHANGES. If the GMP requires an adjustment due to changes in the
Work, the cost of these changes is determined by Article 5. The mark-ups that are to be
allowed on these changes will be no greater than the mark-ups in the approved GMP, as
stated in the Preconstruction Contract.
4.5. GUARANTEED MAXIMUM PRICE (GMP)
4.5.1. At the end of the design phase or at a time determined by the City and as a part
of the Work done under the Preconstruction Contract, the City has requested the
DBM to provide a GMP or series of GMPs if the DBM determines phased
construction would be in the City's best interest. The approved GMP Proposal
is set forth in Exhibit C. attached to this Contract.
4.5.2. The DBM guarantees to bring the completion of the design and construction of
the Project within the GMP or the DBM alone will be required to pay the
difference between the actual cost and the GMP.
1. Buy-out savings are any savings of the DBM’s GMP at the conclusion of the
selection of Subcontractors. Buy-out savings may be used during
construction by the City as a City Project contingency. Unused buy-out
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savings will be returned to the City.
2. Any Savings realized may be incorporated into the construction of the Project
to fund additional scope items or will be returned to the City upon the City’s
request.
4.5.3. The Cost of the Work (Direct Costs), plus the Indirect Costs, plus taxes, plus the
City’s Project Contingency and Allowances equals the Total GMP. The GMP is
composed of the following actual costs, not-to-exceed cost reimbursable, fixed
fee or lump sum amounts defined below:
1. The Cost of the Work (Direct Costs) is a negotiated cost and is a not-to-exceed
amount defined by the individual work items and their associated negotiated
unit prices as a part of the hard construction work as defined in Article 13.
2. indirect Costs include the costs for General Conditions, Payment and
Performance Bonds, Insurance, the DBM Construction Fee and Taxes.
a. The General Conditions Costs are a negotiated amount for Project
supervision and other Indirect Costs according to terms defined in
Article 13. These costs are not reflected In other GMP items. Costs
may include, but are not limited to, the following: Project Manager,
Superintendent, Full-time General Foremen, workers not included
as direct labor costs engaged in support (e g. loading/unloading,
clean-up, etc.) and administrative office personnel. Other costs may
include: temporary office, fencing and other facilities, office
supplies, office equipment, minor expenses, utilities, vehicles, fuel,
sanitary facilities, and telephone services at the site.
b. Payment Bonds, Performance Bonds and Insurance are fixed
percentages or actual costs that will be applied to Cost of Work, and
General Condition Costs as detailed in the GMP Proposal.
c. The Construction Fee is a negotiated percentage or fixed fee that is
proposed by the DBM for the project as defined in Article 13. It
accounts for the DBM’s profit and overhead for the Project.
d. Taxes include all sales, use, consumer and other taxes which are
legally enacted when negotiations of the GMP were concluded,
whether or not yet effective or merely scheduled to go into effect.
Taxes are actual costs and are a not-to-exceed reimbursable
amount.
3. The City’s Project Contingency is defined in Article 13. It is to be used at the
sole discretion of the City to cover any increases in Project costs that result
from City directed changes or unforeseen Site conditions. The City’s Project
Contingency will be added to the GMP amount provided by the DBM, the
sum of which will be the total Contract Price. Taxes will be applied by the
DBM atthetime of the City’s Project Contingency as an additional negotiated
Construction Fee.
4. The GMP is cumulative. The amount of any GMP amendment will be
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negotiated separately and will reflect the DBM's risk from that point forward
in the Project.
4.6. GMP PROPOSAL. The GMP Proposal will be that as stated in the Preconstruction
Contract, and the GMP Proposal is attached as Exhibit C.
4.7. GMP APPROVAL. The approval of the GMP will be in accordance with the provisions of the
Preconstruction Contract, attached hereto as Exhibit B.
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME
5.0 CHANGES TO THE CONTRACT PRICE AND TIME
5.1. DELAYS TO THE WORK
5.1.1.
Delays may be compensable, concurrent, excusable or non-excusable, all as
defined in Article 13.
5.1.2.
If the DBM is delayed in the performance of the Work due to acts, omissions,
conditions, events, or circumstances beyond its control and due to no fault of its
own or those for whom the DBM is responsible, or delays caused by reason of force
majeure as defined in this Contract, the Contract Times for performance may be
reasonably extended by Change Order.
5.1.3.
The DBM will request an increase in the Contract Time by written notice Including
an estimate of the probable effect of delay on progress of the Work. In the case of
a continuing delay only one request is necessary.
1. Written notice will be received within fourteen (14) days of the
commencement of the cause of the delay.
2. If written notice is received more than fourteen (14) days after
commencement of the cause of the delay, the period of delay will be
considered to commence fourteen (14) days before the giving of any notice.
5.1.4.
If adverse weather conditions are the basis for a request for additional Contract
Time, these requests will be documented by data substantiating that weather
conditions were abnormal for the period Of time and could not have been
reasonably anticipated, and that weather conditions had an adverse effect on the
scheduled construction.
5.1.5.
It is understood, however, that permitting the DBM to proceed to complete any
Work, or any part of the Work, after the date to which the time of completion may
have been extended, will In no way act as a waiver on the part of the City of any
of its legal rights in this Contract.
5.1.6.
In the event the DBM incurs expenses related to a delay for which the City is
responsible pursuant to A.R.S. §34-609(E), as amended, the DBM and the City will
negotiate an equitable adjustment to the Contract Price and/or Contract Time. This
provision does not void any other section of this Contract or the Preconstruction
Contract that requires notice of delays, provides for arbitration or other procedures
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for settlement or provides for liquidated damages.
5.1.7. In addition to the DBM’s right to a time extension for those events stated in this
Article 5, the QBM may also be entitled to an appropriate adjustment of the Contract
Price provided, however, that the Contract Price or GMP will not be adjusted for
delays caused by reason of force majeure as defined in this Contract.
5.2. DIFFERING SITE CONDITIONS
5.2.1. If the DBM encounters a Differing Site Condition(s), the DBM may be entitled to
an adjustment In the Contract Price or Contract Time(s) to the extent the increase
in cost or time of performance are the direct result of a Differing Site Condition{s).
5.2.2. Upon encountering a Differing Site Condition, the DBM will provide prompt
written notice to the City of the condition, which notice will not be later than
seven (7) days after the condition has been encountered. The DBM must give
the City’s Contract Administrator written notice of and an opportunity to observe,
such condition(s) before disturbing or altering the Differing Site Conditions(s).
The failure of the DBM to give written notice and make the Claim as required by
this Article and Article 7.1.5 shall constitute a waiver by the DBM of any rights
arising out of or relating to such Differing Site Conditions. The DBM will, to the
extent reasonably possible, provide notice before the Differing Site Condition has
been substantially disturbed or altered. Final costs must be submitted within
thirty (30) days after notice is received by the City, unless extended by written
agreement of the parties.
5.2.3. In order for the DBM to obtain any additional compensation or time extensions
for Differing Site Conditions, the DBM must demonstrate that it encountered a
material difference at the Site, as defined in Article 13, that required it to expend
additional cost or time. The DBM will also establish that it actually and
reasonably relied upon the representations found In the Contract Documents
concerning the Site conditions.
5.3 APPLICATION FOR EXTENSION OF TIME
5.3.1 If performance by the DBM is delayed for a reason set forth In Article 5, the DBM
may be allowed a reasonable extension of time in conformance with this Article.
Before the DBM's time extension request may be considered, the DBM shall notify
the City of the condition(s) which allegedly caused or is causing the delay, and
shall submit a written application to the City identifying:
1. Liquidated damage assessment rate, as specified in the Contract;
2. Original total GPM;
3. The original Contract Time;
4. Any previous time extensions granted (number and duration);
5. The extension of time requested.
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5.3.2 In addition, the application for extension of time shall set forth in detail;
1. The nature of each alleged cause of delay in completing the Work; and
2. The date upon which each such cause of delay began and ended and the
number of dates attributable to each such cause; and
3. A statement that the DBM waives all claims except for those delineated in
the application, and the particulars of any claims which the DBM does not
agree to waive. For time extensions for Substantial Completion and final
completion payments, the application shall include a detailed statement of
the dollar amounts of each claim item reserved; and
4. A statement indicating the DBM's understanding that the time extension is
granted only for purposes of permitting continuation of Contract performance
and payment for Work performed and that the City retains its right to conduct
an investigation and assess liquidated damages as appropriate in the future.
5.4
ERRORS, DISCREPANCIES AND OMISSIONS
5.4.1
If the DBM observes errors, discrepancies or omissions in the Contract
Documents, it will promptly notify the City and arrange for clarification. The DBM
will provide a copy of the notice to the City Contract Administrator.
5.4.2
If the DBM proceeds with the Work affected by the errors, discrepancies or
omissions, without receiving any clarifications, it does so at its own risk.
Adjustments involving these circumstances made by the DBM before receiving
clarification will be at the DBM's risk.
5.5
THE CITY REQUESTED CHANGE IN WORK. The City reserves the right to make, at any
time during the progress of the Work, any alterations as may be found necessary or
desirable.
5.5.1
Any alterations and changes will not invalidate this Contract nor release the surety,
and the DBM agrees to perform the Work as altered, in the same manner as if it
has been a part of the original Contract Documents, The DBM will notify the surety
of the changes and will assure that the alterations and changes are adequately
covered by the surety bond.
5.5.2
Upon receipt of a request for Change in Work, the DBM will prepare a proposal in
significant detail according to Article 5.11. The DBM's proposal will include a
detailed description of any schedule impact.
5.5.3
Legal Requirements: The Contract Price or Contract Times will be adjusted to
compensate the DBM for the effects of any changes in the Legal Requirements
enacted after the date of the Contract or the date of the GMP affecting the
performance of the Work.
5.5.4
In the event an alteration or modification in the character of the Work or Deliverable
results in a substantial change in this Contract, materially increasing or decreasing
the scope of services, cost of performance, or Project Schedule, the Work or
Deliverable, will be performed as directed by the City. But before any altered or
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modified Work begins, a Change Order or Contract Modification will be approved
and executed by the City and the DBM pursuant to the City’s Procurement Code,
as amended. This Change Order or Contract Modification will not be effective until
approved by the City. Change Orders are authorized up to the limits of the City’s
Procurement Code, as amended.
5.5.5 Additions to, modifications of, or deletions from the Project provided in this Contract
may be made, and the compensation to be paid to the DBM may accordingly be
adjusted by mutual agreement of the contracting parties.
5.5.6
No claim for extra Work done or materials furnished by the DBM will be allowed by
the City except as provided in this Contract, nor will the DBM do any Work or furnish
any material(s) not covered by this Contract unless the Work or material is first
authorized in writing. Work or material(s) furnished by the DBM without first obtaining
written authorization will be at the DBM’s sole responsibility, cost, and expense, and
the DBM agrees that without first obtaining written authorization, no claim for
compensation for the Work or materials furnished will be made.
5.6 CHANGE ORDERS
6.6.1
In accordance with the City of Scottsdale Procurement Code, as amended, and
related Rules and Procedures, the City and the DBM will negotiate in good faith and
as expeditiously as possible the appropriate Change Order(s), as defined in Article
13. Upon reaching an agreement, the Parties will prepare and execute an
appropriate Change Order reflecting the terms of the adjustment. The change in
Work may or may not include an adjustment in the Contract Price, GMP Proposal
and/or Contract Time.
5.6.2
All changes in Work authorized by Change Orders will be performed under the
conditions of the Contract Documents. The decision to issue Change Orders rests
solely with the City and any decision to issue a Change Order must be promptly
complied with by the DBM, subject to the provisions of Article 6.7. As the Work
authorized by a Change Order progresses, the Contractor must provide an
accounting of actual costs incurred in completing the Work authorized by the
Change Order. Change Orders are authorized up to the limits of the City’s
Procurement Code, as amended.
6.6.3
The execution of a Change Order by the DBM shall constitute conclusive evidence
of the DBM’s agreement to the ordered changes in the Work, this Contract as thus
amended, the Contract Price, GMP Proposal and/or the Contract Time for
performance by the DBM. The DBM, by executing the Change Order, waives and
forever releases any claim against the Cjty for any additional time or compensation
for matters relating to, arising out of, or resulting from the work included within or
affected by the executed Change Order of which the DBM knew or should have
known.
5.6.4
Changes to the Work may be directed by Construction Change Directive, as defined
in Article 13, In the event the City and DBM cannot agree on the cost or time of a
Change Order or if the cost or time of the Change Order cannot be reasonably
determined prior to beginning the change in Work. The City, without invalidating the
Contract, may order changes in the Work utilizing Construction Change Directives
with the City’s Project Contingency and/or the Contract Time being adjusted as
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deemed appropriate. Upon receipt, the DBM shall promptly proceed with the
directed changes..
6.7
UNILATERAL DETERMINATION OF CHANGE ORDER VALUE
If no mutual agreernent occurs between the City and the DBM, the change in
Contract Price or GMP Proposal resulting from Change Order or Construction
Change Directive, if any, shall be derived by determining the reasonable actual
costs incurred or savings achieved, resulting from revisions to the Work. Such
reasonable actual costs or savings shall include a component for direct job site
overhead and profit, but shall not include home-office overhead or other indirect
costs and components. The calculation of actual costs shall conform to the markup
schedule in Article 5.11.2. Any such costs or savings shall be documented in the
: format and with such content and detail as the City requires. The DBM shall
promptly submit such documentation and other backup as the City may require in
evaluating the actual costs incurred.
5.8
ADDITIONAL CHANGE ORDER COST REQUIREMENTS
The DBM’S or Subcontractor’s submittals shall include the cost of materials, sales
tax, cost of all transport, equipment costs and any direct Project expenses.. The
cost of items listed shall be directly related to the Change Order. Indirect costs not
specifically related to the Change Order shall not be considered. DBM’s or
Subcontractor’s Direct Labor Costs shall be limited to the hourly rate of directly
involved workmen, employer contributions toward DBM standard benefits,
pensions, unemployment or social security (if any), and employer costs for paid
sick and annual leave. DBM's or Subcontractor’s Indirect Costs may include
license fees, bond premiums, supen/ision, and vehicle expense directly related to
the Change Order.
5.8.1 The allowance for overhead and profit shall be limited to the following schedule:
1.
For the DBM, for any work performed by the DBM’s own forces, fifteen
(15%) percent of the Subtotal of Costs to the DBM.
2.
For the DBM, for any work performed by his Subcontractor, six (6%)
percent of the amount due to the Subcontractor.
3.
For each Subcontractor or Sub-subcontractor involved, for any work
performed by their own forces, fifteen (15%) of their materials and direct labor
costs.
4. For each Subcontractor, for work performed by his Sub-Subcontractor(s),
six (6%) percent of the amount due to the Sub-subcontractor.
5.9 LIMITATION OF COMPENSABLE ITEMS
5.9.1 For Change Orders, the total cost or credit to the City shall be based on the
following schedule:
1. DBM’s Materials Costs.
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2. DBM'S Direct Labor Costs.
3. DBM’S Equipment Costs (includes owned/rented equipment).
4. Applicable Subcontractor Costs.
5. Subtotal of Costs to the DBM.
6. DBM’S Overhead and Profit,
7. Total Cost or Credit to the City.
6.10 FIELD ORDERS
5.10.1 The City has authority to initiate Field Orders that do not materially and adversely
affect the Work, including the design, quality, performance and v\/orkmanship
required by the Contract Documents. Field Orders will be imposed by written order
and will be binding on the City and the DBM. The DBM will carry out the written
orders promptly.
5.10.2 Field Orders will not involve an adjustment in the Contract Price or Contract Time
unless or until an adjustment becomes a Change Order.
5.10.3 The DBM may make minor changes in Work, but the DBM will promptly inform the
City, in writing, of any changes and record the changes, if appropriate, on the
Project Record Documents maintained by the DBM.
5.11 CONTRACT PRICE ADJUSTMENTS
5.11.1 The increase or decrease in Contract Price resulting from a Change in the Work
will be determined by one or more of the following methods:
1. Unit prices stated in the Contract Documents or as subsequently agreed to
between the Parties;
2. A mutually agreed upon lump sum allowance, properly itemized and
supported by sufficient substantiating data to permit evaluation by the City;
and
3. Using direct cost labor and material rates established in the Contract
Documents as a basis of the Contract Price/GMP adjustment.
4. A negotiated Construction Fee for the Change Order equal to additional Indirect
Costs resulting from the Change Order plus any negotiated profit.
5.11.2 The markups that will be allowed on these changes will be no greater than the
markups outlined in the approved GMP Proposal as shown on Exhibit C.
5.11.3 If an increase or decrease cannot be agreed to as stated in Article 5.7 and
5.8, the cost of the Change Order will be determined by the reasonable expense
and savings in the performance of the Work resulting from the change, including
a reasonable Construction Fee, according to the methodology used to establish
the contract GMP. The DBM will maintain a documented, itemized accounting
evidencing the expenses and savings associated with these changes.
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5.11.4 If unit prices are included in the Contract Documents or are subsequently agreed
to by the parties, but application of the unit prices will cause substantial inequity
to the City or the DBM because of differences in the character or quantity of the
unit items as originally contemplated, the unit prices will be equitably adjusted.
5.11.5 If the City and DBM disagree upon the amount to be paid, whether the DBM is
entitled to be paid for any services required by the City the amount to be paid,
other disagreements over the Scope of Work, proposed changes to the Work, or
the time required to complete the work, the City and the DBM will resolve the
disagreement in compliance with Article 7.
1. As part of the negotiation process, the DBM will furnish the City with a good
faith estimate of the costs to perform the disputed services or the additional
time required in accordance with the City’s interpretations.
2. If the parties are unable to agree and the City expects the DBM to perform
the services in accordance with the City’s interpretations, the DBM will
proceed to perform the disputed services, conditioned upon the City issuing
a written order to the DBM (i) directing the DBM to proceed and (ii) specifying
the City’s interpretation of the services that are to be performed.
5.11.6 Emergencies: In any emergency affecting the safety of persons or property, the
DBM will act, at its discretion, to prevent threatened damage, injury or loss. Any
change in the Contract Price or Contract Time(s) resulting from emergency work
will be determined as provided in this Article 5.
ARTICLE 6 - PROCEDURE FOR PAYMENT
6. For and in consideration of the faithful performance of the Work required to be done in the
Contract Documents, and in accordance with the directions of the City to its satisfaction, the
City agrees to pay the DBM the Cost of the Work actually performed and any applicable costs
for general conditions, insurance, bonding, and taxes, but no more than the GMP, as may be
adjusted by any Change Orders and/or Contract Modification pursuant to this Contract and
City’s Procurement Code, as amended. Payment for the specific Work under this Contract will
be made in accordance with payment provisions of this Article 6.
6.1. GMP PAYMENT REQUEST
6.1.1. At the Preconstruction Conference, the DBM will submit, for the City’s review and
approval, a Schedule of Values. The Schedule of Values will (i) be based on the
bids accepted from the successful Subcontractors (ii) include values for all items
comprising the GMP including any City allowances, and (iii) serve as the basis
for monthly progress payments made to the DBM throughout the Work.
6.1.2. At least five (5) working days before the date established for a Payment Request,
the DBM will submit an updated Project Schedule and meet with the Contract
Administrator to review the progress of the construction, as it will be reflected on
the Payment Request. The DBM Payment Request will constitute the DBM’s
representation that the Work has been performed consistent with the Contract
Documents, has progressed to the point indicated in the DBM Payment Request,
and that title to all Work will pass to the City free and clear of all claims, liens,
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encumbrances, and security interests upon incorporation of the Work into the
Project.
6.1.3. The DBM Payment Request may request payment for equipment and materials
not yet incorporated into the Project if construction progress is in reasonable
conformance with the approved schedule,
1. For equipment and materials properly stored at the Site, the equipment and
materials will be protected by suitable insurance, and the City will receive the
equipment and materials free and clear of all lietis and encumbrances.
2. For materials and equipment stored off the Site, the City must approve the
storage. The material and equipment must be stored within Maricopa County
and be accessible for the City’s inspection. Title to the materials and
equipment must protect the City's interest and will include applicable
insurance, bonding, storage and transportation to the Site.
3. The City will be named as an Additional Insured on all insurance required for
stored materials or equipment.
4. All bonds and insurance required for stored materials will be In the City’s
name.
6.1.4. The DBM will submit Payment Requests in a format acceptable to the City on
dates established by the City and the DBM. The Payment Request will be
submitted to the City’s Contract Administrator. This submittal will include, as a
minimum, a narrative description of the Work accomplished during the billing
period, a listing of any Deliverables submitted, and the Subcontractors’ actual
request for payment plus similar narrative and listing of their Work.
6.1.5. Payment for services negotiated as a fixed unit price will be made in accordance
with actual measured quantities completed during the preceding month as
itemized on the Schedule of Values and stated in Exhibit C. Payments for these
services negotiated as a lump sum will be made in accordance with the
percentage of the services completed during the preceding month as itemized
on the Schedule of Values in Exhibit C. Those services negotiated as a not-to-
exceed fee will be paid in accordance with the actual costs of the service
expended during the preceding month. The City will review Payment Requests
and make recommendations for approval or denial within seven (7) calendar
days after the City’s receipt of each properly submitted and accurate Construction
Payment Request, but in each case less the total of payments previously made,
and less amounts properly withheld as retention under Article 6.2.3. Payment
Requests will be considered approved and certified for payment after seven {7)
days unless before that time, the Contract Administrator issues a specific
finding setting forth in detail those items in the Payment Request that are not
approved for payment,
6.1.6. The DBM agrees at its own proper cost and expense, to do all construction, as
called for by this Contract free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified within the time, or
times, stated in this Contract.
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6.1.7. The Schedule of Values will be submitted as prescribed in this Contract, and
subject to adjustment in accordance to this Contract and wiii serve as the basis
for monthiy progress payments made to the DBM throughout the construction.
6.1.8. The DBM wiii submit to the City, on the monthiy anniversary of the NTP date
beginning with the first month after the NTP date, the monthiy Payment Request.
6.2. PAYMENT OF GMP
6.2.1. The City wiii make payment in accordance with A.R.S. § 34-609, as amended.
Payment wiii be made no later than fourteen (14) days after the DBM’s Payment
Request is certifted and approved by the City's Contract Administrator, iess
amounts properly retained under Article 6.2.3.
6.2.2. The City will pay the DBM ail amounts properly due. If the City determines that
the DBM is not entitled to all or part of a DBM’s Payment Request, it will notify
the DBM in writing within seven (7) days after the date the DBM Payment
Request is received by the City, The notice will indicate the specific amounts the
City intends to withhold, the reasons and contractual basis for the withholding,
and the Specific measures the DBM must take to rectify the City's concerns. The
DBM and the City will attempt to reSolve the City’s concerns. If the parties cannot
resolve these concerns, the DBM may pursue its rights under the Contract
Documents, including those under Article 1 of this Contract.
6.2.3. RETENTION OF GMP
1. The City will retain 10% of each DBM Payment Request amount, provided,
however, that when 50% of the Work has been completed by the DBM, on
DBM’s request one-half of the amount retained, including any substituted
securities, will be paid to the DBM if the DBM is making satisfactory progress
on the Work, and there is no specific cause or claim requiring a greater
amount to be retained. After the Contract is 50% completed, no more than
5% of the amount of any subsequent progress payments may be retained if
the DBM is making satisfactory progress on the Work. If, however, the City
determines that satisfactory progress is not being made on the Work, the City
may reinstate the 10% retention for all remaining progress payments.
2. In lieu of retention, the DBM may provide an assignment of time certificates
of deposit (CDs) from a bank licensed by the State of Arizona, securities
guaranteed by the United States, securities of the United States, the State of
Arizona, Arizona counties, Arizona municipalities, and Arizona school
districts, or shares of savings and loan institutions authorized to transact
business in Arizona. Securities deposited in iieu of retention must be
deposited into a separate account with a bank having a branch located in the
City of Scottsdale. CDs and Securities will be assigned exclusively for the
benefit of the City of Scottsdale in accordance with the City’s form of
Retainage Escrow Agreement.
6.3. SUBSTANTIAL COMPLETION
6.3.1. Substantial Completion will be for the entire Project unless a partial Substantial
Completion is Identified in the approved GMP schedule and stated in the Notice
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to Proceed letter. Substantial Completion will be in accordance with its definition
in Article 13, and with the criteria in the Notice to Proceed letter.
6.3.2. Before notifying the City in accordance to Article 6.3.3 below, the DBM will
inspect the Work and prepare and submit to the City a comprehensive list of
items to be completed or corrected. The DBM will proceed promptly to complete
and correct items on the list. Failure to include an item on the list does not alter
the responsibility of the DBM to complete all Work in accordance with the
Contract Documents.
6.3.3. The DBM will notify the City when it believes the Work, or to the extent permitted
in the Contract Documents, a portion of the Work, has achieved Substantial
Completion.
6.3.4. Within five (5) days of the City’s receipt of the DBM's notice of Substantial
Completion in accordance with Article 6.3.3, the City and the DBM will jointly
inspect the Work to confirm Substantial Completion.
6.3.5. Once Substantial Completion of the Work is confirmed in accordance with Article
6.3.4, the City will prepare and issue a Certificate of Substantial Completion that
will state (i) the date of Substantial Completion of the Work or portion of the Work,
(ii) the remaining items of Work that have to be completed within thirty (30)
calendar days before Final Acceptance, (iii) provisions (to the extent not already
provided in the Contract Documents) establishing the City’s and the DBM’s
responsibility for the Project’s security, maintenance, utilities and insurance
pending Final Acceptance and (iv) an acknowledgment that warranties
commence to run on the date of Substantial Completion, except as may
otherwise be noted in the Certificate of Substantial Completion.
6.3.6. The City, at its option, may use a portion of the Work that has achieved Substantial
Completion, provided, however, that (i) a Certificate of Substantial Completion
has been issued for the portion of Work addressing the items in Article 6.3.5
above, (ii) the DBM and the City have obtained the consent of their sureties and
insurers, and to the extent applicable, the appropriate government authorities
having jurisdiction over the Project, and (iii) the City and DBM agree that the
City’s use or occupancy will not interfere with the DBM’s completion of the
remaining Work.
6.3.7. Punch List Preparation: A minimum of thirty (30) days before Substantial
Completion, the DBM, in conjunction with the City, will prepare a comprehensive
list of Punch List items, which the City may edit and supplement. The DBM will
proceed promptly to complete and correct the Punch List items. Failure to include
an item on the Punch List does not alter the responsibility of the DBM to complete
all Work in accordance with the Contract Documents. Warranties required by the
Contract Documents will not begin until the date of Final Acceptance unless
otherwise provided in the Contract Documents. Seven (7) days before the City
issues its Final Acceptance Letter, the DBM will deliver to the City all operation
and maintenance manuals necessary for the City to assume responsibility for the
operation and maintenance of that portion of the Work.
6.3.8. Upon Substantial Completion of the entire Work or, if applicable, any portion of
the Work, the City will release to the DBM all retained amounts relating, as
applicable, to the entire Work or completed portion of the Work, not to exceed
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two and one half times (2.5) the reasonable value of all remaining or incomplete
items of Work as noted in the Certificate of Substantial Completion.
6.3.9. Final Acceptance: Upon receipt of written notice that the Work or identified
portions of the Work are ready for final inspection and acceptance, the City and
DBM will jointly inspect to verify that the remaining items of Work have been
completed as described in Article 6.3, including items on the Punch List. Upon
verification that the items have been satisfactorily completed, the City will issue
a Final Acceptance Letter.
6.4. FINAL PAYMENT
6.4.1. After receipt of a final Payment Request from the DBM, and provided that the
DBM has completed all of the Work in conformance with the Contract Documents
the City will make final payment fourteen (14) days after the City has issued its
Final Acceptance Letter.
6.4.2. At the time of submission of its final DBM Payment Request, the DBM will provide
the following information:
1. An affidavit that there are no claims, obligations or liens outstanding or
unsatisfied for labor, services, material, equipment, taxes or other items
performed, furnished or incurred for or in connection with the Work which will
in any way affect the City’s interests;
2. A general release executed by the DBM waiving, upon receipt of final
payment by the DBM, all claims, except those claims previously made in
writing to the City and remaining unsettled at the time of final payment; and
3. Consent of the DBM’s surety. If any, to final payment.
6.5. EXTENSION OF TIME FOR FINAL PERFORMANCE
In the event the DBM Is delayed in performing any task, which at the time of the delay is
then critical, or which during the delay becomes critical, as the sole and exclusive result
of any act or omission by the City, or someone acting on the City’s behalf, or by City
authorized Change Orders, Differing Site Conditions, adverse weather conditions that
could not reasonably anticipated, or other events caused by reason of force majeure as
defined in this Contract and occurring without the fault or negligence of the DBM, the
date for achieving Substantial Completion, or, as applicable, final completion, will be
appropriately adjusted by the City upon the written claim of the DBM to the City filed in
full compliance with the Contract Documents. A task is critical within the meaning of this
Article if the task is on the critical path of the most recently approved Progress Schedule
so that a Delay in performing the task will Delay the ultimate completion of the Project.
ANY CLAIM FOR AN EXTENSION OF TIME BY THE DBM MUST STRICTLY COMPLY
WITH THE REQUIREMENTS OF ARTICLE 7 BELOW. IF THE DBM FAILS TO MAKE
SUCH CLAIM AS REQUIRED IN THIS ARTICLE, ANY CLAIM FOR AN EXTENSION
WILL BE WAIVED AND SHALL BE DISMISSED.
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6.6. PAYMENTS TO SUBCONTRACTORS OR SUPPLIERS
6.6.1. The DBM will pay Its Subcontractors or Suppliers within seven (7) calendar days
after receipt of each progress payment from the City unless othenwise agreed by
the DBM and the Subcontractor or Supplier. The DBM will pay for the amount of
Work performed or materials supplied by each Subcontractor or Supplier as
accepted and approved by the City with each Payment Request. In addition, any
reduction of retention by the City to the DBM will result in a corresponding
reduction to Subcontractors or Suppliers who have performed satisfactory work.
The DBM will pay Subcontractors or Suppliers the reduced retention within seven
(7) calendar days of the payment of the reduction of the retention to the DBM.
No Contract between the DBM and its Subcontractors and Suppliers may
materially alter the rights of any Subcontractor or Supplier to receive prompt
payment and retention reduction in this Contract.
6.6.2. If the DBM fails to make payments in accordance with these provisions, the City
may take any of one or more of the following actions, and the DBM agrees that
the City may take these actions:
1.
Hold the DBM in default under this Contract;
2.
Withhold future payments including retention until proper payment
has been made to Subcontractors or Suppliers in accordance with these
provisions:
3.
Reject all future offers to perform work for the City from the DBM for
a period not to exceed one (1) year from Substantial Completion date of this
Project: or
4.
Terminate this Contract.
6.6.3. If the DBM’S payment to a Subcontractor or Supplier is in dispute, the DBM and
Subcontractor or Supplier agree to submit the dispute to any of the following
dispute resolution processes within fourteen (14) calendar days from the date
any party gives notice to the other: (a) binding arbitration; (b) a form of alternative
dispute resolution (ADR) agreeable to all parties, or (c) a City of Scottsdale
facilitated mediation. V\^en the disputed claim is resolved through ADR or
otherwise, the DBM and Subcontractor or Supplier agree to implement the
resolution within seven (7) calendar days after the resolution date.
6.6.4. Should the City fail or delay in exercising or enforcing any right, power, privilege,
or remedy under this Article, this failure or delay will not be considered a waiver,
release or modification of the requirement of this Article or of any of the terms or
provisions of this Contract.
6.6.5. The DBM will include these prompt payment provisions in every subcontract,
including procurement of materials and leases of equipment for this Contract.
6.7. RECORD KEEPING AND FINANCE CONTROLS
6.7.1. Records of the DBM’s direct personnel payroll, reimbursable expenses pertaining
to this Project and records of accounts between the City and the DBM will be kept
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on a generally recognized accounting basis and will be available for three (3) years
after completion of the Project.
From the effective date of this Contract and until three (3) years after the date of
final payment by the City of Scottsdale to the DBM, the City, its authorized
representative, or the appropriate federal or state agencies, reserve the right to
audit the DBM’s records to verify the accuracy and appropriateness of ali pricing
data, including data used to negotiate Contract Documents and any Change
Orders or Contract Modifications. The City of Scottsdale or its authorized
representative will have access, during normal working hours, to all necessary
dBm and Subcontractor facilities, and will be provided adequate and appropriate
workspace, in order to conduct audits in compliance with the provisions of this
Article. The City of Scottsdale will give the DBM or Subcontractor reasonable
advance notice of intended audits.
The City reserves the right to decrease the Contract Price or payments made on
this Contract if, upon audit of the DBM’s records, the audit discloses the DBM
has provided false, misleading, or inaccurate cost and pricing data.
6.7.2. The DBM will include similar provisions in all of its agreements with Suppliers,
Subconsultants and Subcontractors providing services under the Contract
Documents to ensure the City, its authorized representative, or the appropriate
federal or state agencies, have access to the Suppliers’, Subconsultants’ and
Subcontractors’ records to verify the accuracy of cost and pricing data.
6.7.3. The City reserves the right to decrease the Contract Price, GMP and/or payments
made on this Contract if the above provision is not included in Suppliers,
Subconsultants and Subcontractors contracts, and one or more Suppliers,
Subconsultants, or Subcontractors do not allow the City to audit their records to
verify the accuracy and appropriateness of pricing data.
6.7.4. If an audit discloses overcharges, of any nature, by the DBM to the City in excess
of 1 % of the total contract billings, the actual cost of the City’s audit will be
reimbursed to the City by the DBM. Any adjustments or payments which must
be made as a result of any audit or inspection of the DBM’s invoices or records
will be made within a reasonable amount of time (not to exceed 90 days) from
presentation of the City’s findings to the DBM.
6.7.5. This audit provision includes the right to inspect personnel records as required
by Article 11.37.
6.7.6.
City may, at reasonable times, inspect the place of business of the DBM or its
Suppliers, Subconsultants and Subcontractors that is related to the performance of
this Contract.
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ARTICLE 7 - CLAIMS AND DISPUTES
7. CLAIMS AND DISPUTES
7.1. REQUESTS FOR CONTRACT ADJUSTMENTS AND RELIEF
7.1.1. If either the DBM or the City believes that It is entitled to relief against the other
for any event arising out of or related to the Work, the party will provide written
notice to the other party of the basis for its claim for relief. The claims shall set
forth in detail all known facts and circumstances supporting the claim; final costs
associated with any claim upon which notice has been given must be submitted
in writing to the City within thirty (30) days after notice has been received.
7.1.2. The notice will, if possible, be made before incurring any cost or expense and in
accordance with any specific notice requirements contained in this Contract.
7.1.3. Written notice will be given within a reasonable time, not to exceed ten (10)
calendar days, after the occurrence creating the claim for relief or after the
claiming party reasonably should have recognized the event or condition creating
the request, whichever is later.
7.1.4. Notice will include sufficient information to advise the other party of the
circumstances creating the claim for relief, the specific contractual adjustment or
relief requested and the basis of the request. ANY NOTICE OF CLAIM NOT
FILED WITH THE CITY WITHIN SUCH TIME AND IN COMPLIANCE WITH THE
PRECEEDING PROVISIONS SHALL BE CONSIDERED TO HAVE BEEN
WAIVED AND SHALL BE DISMISSED.
7.1.5. In the event the Contractor seeks to make a claim fpr an increase in the Contract
Price or GMP, as a condition precedent to any liability of the City therefore,
unless emergency conditions exist, the DBM shall strictly comply with the
requirements of this Article and such claim shall be made by the DBM before
proceeding to execute any work for which a claim is made, Failure to comply with
this condition precedent shall constitute a waiver by the DBM of any claims for
compensation.
7.1.6. The DBM must continue its performance under this contract regardless of the
existence of any claims by the DBM.
7.1.7. In a claim by the DBM against the City for compensation in excess of the Contract
Price or GMP, any liability of the City to the DBM shall be strictly limited and
computed in accordance with the Contract Documents and shall in no event
include indirect costs, such as home office overheads or consequential damages
of the DBM or any estimated costs or damages.
7.2. DISPUTE AVOIDANCE AND RESOLUTION
7.2.1. The parties are fully committed to working with each other throughout the Project
and agree to communicate regularly with each other at all times so as to avoid
or minimize disputes or disagreements. If disputes or disagreements do arise,
the DBM and the City each commit to resolving their disputes or disagreements
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in an amicable, professional and expeditious manner so as to avoid unnecessary
losses, delays and disruptions to the Work.
7.2.2. The DBM and the City will first attempt to resolve disputes or disagreements at
the field level through discussions between the DBM’s Representative and the
Contract Administrator as described in Article 7.3.
7.2.3. If a dispute or disagreement cannot be resolved through the DBM’s
Representative and the Contract Administrator, the DBM’s Senior
Representative and the City’s Senior Representative, upon the request of either
party, will meet as soon as conveniently possible, but in no case later than thirty
(30) days after the request is made, to attempt to resolve the dispute or
disagreement.
7.2.4. Before any meetings between the Senior Representatives, the parties will
exchange relevant information that will assist the parties in resolving their dispute
or disagreement. Should the Parties’ Senior Representatives be unable to
resolve the dispute or disagreement, either Party may file an action in the
Maricopa County Superior Court.
7.2.5.
In the event the DBM incurs expenses related to a delay for which the City is
responsible pursuant to A.R.S. §34-609{E), as amended, the DBM and the City will
negotiate an equitable adjustment to the Contract Price and/or Contract Time. This
provision does not void any other section of this Contract that requires notice of
delays, provides for arbitration or other procedures for settlement or provides for
liquidated damages.
7.2.6. Duty to Continue Performance. Unless provided to the contrary in the Contract
Documents, the DBM will continue to perform the Work and the City will continue
to satisfy its payment obligations to the DBM pending the final resolution of any
dispute or disagreement between the DBM and the City.
7.3. REPRESENTATIVES OF THE PARTIES
7.3.1. Contract Administrator, Senior Representative, and Construction Administration
Supervisor.
1. The City designates the individual listed below as its Senior Representative
(“The City’s Senior Representative”), which individual has the authority and
responsibility for avoiding and resolving disputes under Article 7.2.3:
Alison Tymkiw, City Engineer
Transportation & Infrastructure
7447 E, Indian School Road, Suite 205
Scottsdale, Arizona 85251
The City designates the individual listed below as its Contract Administrator,
which individual has the authority and responsibility set forth in Article 7.2.2:
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Nathan Crowell, Senior Project Manager
Transportation & Infrastructure
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
The City designates the individual listed ;below as its Coristruction
Administration Supervisor, which individual has the responsibilities described
in Article 13 and as authorized by the Contract Administrator:
Aaron Rutherford, Interirh Construction Administration Supen/isor
Transportation & Infrastructure
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
7.3.2. DBM’S Representatives.
1. The DBM designates the individual listed below as its Senior Representative
(“The DBM’S Senior Representative"), which individual has the authority and
responsibility for avoiding and resolving disputes under Article 7.2.3:
Pat Baldwin, Market Leader
1702 E Highland Ave. Suite 400
Phoenix, Arizona 85016
2. The DBM designates the individual listed below as its DBM’s Representative,
which individual has the authority and responsibility set forth in Article 7.2.2:
Anna Charameda
1702 E Highland Ave. Suite 400
Phoenix, Arizona 85016
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION
8.SUSPENSION, TERMINATION AND CANCELLATION
8.1. THE CITY’S RIGHT TO STOP WORK
8.1.1. The City may, at its discretion and without cause, order the DBM in writing to
stop and suspend the Work. Immediately after receiving this notice, the DBM
must discontinue advancing the Work specified under this Contract. The
suspension may not exceed one hundred eighty (180) consecutive days.
8.1.2. The DBM may seek an adjustment of the Contract Price, GMP, or Contract Time
if its cost or time to perform the Work has been adversely impacted by any
suspension or stoppage of the Work by the City.
8.1.3. If the City suspends the Work for one hundred eighty-one (181) consecutive days
or more, this suspension will be considered a termination for convenience.
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8.2. TERMINATION FOR CONVENIENCE
8.2.1. Upon receipt of written notice to the DBM, the City has the right to terminate this
Contract or abandon any portion of the Project for which services have not been
performed by the DBM, at its sole convenience and discretion.
1. The DBM will estimate the value of the Work it has completed and submit its
appraisal to the City for evaluation. The City will have the right to inspect the
Vi/ork to appraise the Work completed.
2. As provided in Article 6, the DBM will receive compensation for services
performed to the date of termination and the fee will be paid in an amount
mutually agreed upon by the DBM and the City. If there is no mutual
agreement, the final determination will be made in accordance with Article 7.
3. The DBM will not be entitled to anticipated profit or anticipated overhead, but
is entitled to recover apportioned profit and overhead proportional to the
amount of the Work completed. In no event will the fee exceed that stated in
Article 8.2.4 of this Contract, as amended.
4. The City will make the final payment within sixty (60) days after the DBM has
delivered the last of the partially completed items and the final fee has been
agreed upon.
5. If the City terminates this Contract in accordance with this Article and
proceeds to design and construct the Project through its employees, agents
or third parties, the City's rights to use the work product will be as stated in
Article 8.4.
8.2.2. Upon termination during Construction Services, the DBM will proceed with the
following obligations:
1. Stop Work as stated in the notice.
2. Place no further subcontracts or orders.
3. Terminate all subcontracts to the extent they relate to the work terminated.
4. Assign to the City all right, title and interest of the DBM under the
subcontracts terminated, in which case the City will have the right to settle or
to pay any termination settlement proposal arising out of those terminations.
5. Take any action that may be necessary for the protection and preservation
of the property related to the contract that is in the possession of the DBM
and which the City has or may acquire an interest,
6. Comply with the requirements of Article 6.4.2.
8.2.3. The DBM will submit complete termination inventory schedules no later than sixty
(60) days from the date of the notice of termination.
8.2.4. The City will pay the DBM the following:
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1. The direct value of its completed Work and materials supplied as of the date
of termination; and
2. The reasonable costs and expenses attributable to the termination; and
3. The DBM will be entitled to profit and overhead on completed Work only, but
will not be entitled to anticipated profit or anticipated overhead. If it appears
the DBM would have sustained a loss on the entire Work had the Project
been completed, the DBM will not be allowed profit and the City will reduce
the settlement to reflect the indicated rate of loss.
8.2.5. The DBM will maintain all records and documents for 3 years after final
settlement. These records will be maintained and subject to auditing as
prescribed in Article 6.7.
8.3. CANCELLATION FOR CAUSE
8.3.1. The City may also cancel this Contract or any part of this Contract with seven (7)
days’ notice for cause in the event of any default by the DBM, or if the DBM fails
to comply with any of the terms and conditions of the Contract Documents.
Unsatisfactory performance despite a reasonable opportunity to cure, as judged
by the Contract Administrator, and failure to provide the City, upon request, with
adequate assurances of future performance will all be causes allowing the City
to cancel this Contract for cause. In the event of cancellation for cause, the DBM
will be entitled to amounts due and owing to the DBM under this Contract for
Work performed through the date of termination, but will also be liable to the City
for any and all damages available under the Contract sustained by reason of the
default that gave rise to the cancellation.
8.4. THE CITY’S RIGHT TO PERFORM AND CANCEL FOR CAUSE
8.4.1. If the DBM persistently fails to (i) provide a sufficient number of skilled workers,
(ii) supply the materials required by the Contract Documents, (iii) comply with
applicable Legal Requirements, (iv) timely pay, without cause. Suppliers or
Subcontractors, (v) prosecute the Work with promptness and diligence to ensure
that the Work is completed by the Contract Time, as these times may be
adjusted, or (vi) perform material obligations under the Contract Documents, then
the City, in addition to any other rights and remedies provided in the Contract
Documents or by law, will have the rights stated in this Article 8.3.
In the event the DBM is in violation of any Federal, State, County or City law,
regulation or ordinance, the City may cancel this Contract immediately upon
giving notice to the DBM.
In the event the City cancels this Contract or any part of the services of this
Contract, the City will notify the DBM in writing, and immediately upon receiving
this notice, the DBM will discontinue advancing the Work under this Contract and
proceed to close all operations.
8.4.2. If the City provides the DBM with a written order to correct deficiencies to provide
adequate maintenance of traffic, adequate cleanup, adequate dust control, or to
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repair damage resulting from abnormal weather conditions, and the DBM fails to
comply in the time frame specified, the City may have the Work accomplished by
other sources at the DBM's sole expense without an increase in the Contract
Price or GMP.
8.4,3. Upon the occurrence of an event stated in Article 8.4.1 above, the City may
provide written notice to the DBM that it intends to cancel the Contract unless
the problem cited is cured, or commenced to be cured, within seven (7) days of
the DBM’s receipt of the notice.
1. If the DBM fails to cure, or undertake reasonable efforts to cure the problem
within seven (7) days of the DBM’s receipt of the notice, then the City will give
a second written notice to the DBM of its intent to cancel within an additional
seven (7) day period.
2.
If the DBM, within this second seven (7) day period, fails to cure, or undertake
reasonable efforts to cure the problem, then the City may declare the
Contract cancelled for cause by providing written notice to the DBM of the
declaration.
8.4.4. Upon declaring the Contract cancelled in accordance with Article 8 4.3(2) above,
the City may enter upon the premises and take possession of all materials,
equipment, scaffolds, tools, appliances and other items, which have been
purchased or provided for the performance of the Work, all of which the DBM
now transfers, assigns and sets over to the City for this purpose, and to employ
any person or persons to complete the Work and provide all of the required labor,
services, materials, equipment and other items.
8.4.6. Upon termination, cancellation or abandonment, the DBM will deliver to the City
all drawings, special provisions, field survey notes, reports, and estimates,
entirely or partially completed, in any format, including but not limited to written
or electronic media, together with all unused materials supplied by the City. Use
of incomplete data will be the City’s sole responsibility and at its sole risk.
8.4.6. The DBM will appraise the Work it has completed and submit its appraisal to the
City for evaluation.
8.4.7. If through any cause, the DBM fails to fulfill in a timely and proper manner its
obligations under this Contract, or if the DBM violates any of the covenants.
Contracts, or stipulations of this Contract, the City may withhold any payments
to the DBM for the purpose of setoff until the exact amount of damages due the
City from the DBM is determined by a court of competent jurisdiction.
8.4.8. In the event of any cancellation, the DBM will not be entitled to receive any further
payments under the Contract Documents for disputed work until the Work is
finally completed in accordance with the Contract Documents. At that time, the
DBM will only be entitled to be paid for Work performed and accepted by the City
before its default.
8.4.9. If the City’s cost and expense of completing the Work exceeds the unpaid
balance of the Contract Price, then the DBM will be obligated to pay the
difference to the City. These costs and expense will include not only the cost of
completing the Work, but also losses, damages, costs and expense, including
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reasonable attorneys’ fees and expenses, incurred by the City in connection with
the reprocurement and defense of claims arising from the DBM’s default.
8.4.10. If the City improperly cancels the Contract for cause, the cancellation for cause
will be converted to a termination for convenience in accordance with the
provisions of Article 8.2.
ARTICLE 9 - INSURANCE AND BONDS
9.INSURANCE AND BONDS
9.1. INSURANCE REQUIREMENTS
9.1.1.
9.1.2.
9.1.3.
9.1.4.
9.1.6.
At the same time as execution of this Contract, the DBM will furnish the City of
Scottsdale a certificate of insurance on a standard insurance industry ACORD form.
The ACORD form must be issued by an insurance company authorized to transact
business in the State of Arizona or one that is named on the List of Qualified
Unauthorized Insurers maintained by the Arizona Department of Insurance.
The DBM, Subcontractors and Subconsultants must procure and maintain, until all
of their obligations have been discharged, including any warranty periods under
this Contract are satisfied, insurance against claims for injury to persons or damage
to property, which may arise from or in connection with the performance of the Work
by the DBM, his agents, representatives, employees, or Subcontractors.
The insurance requirements are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract.
The City in no way warrants that the minimum limits contained in this Contract are
sufficient to protect the DBM from liabilities that might arise out of the performance
of the Contract services under this Contract by the DBM, his agents,
representatives, employees. Subcontractors or Subconsultants and the DBM is
free to purchase any additional insurance as may be determined necessary. The
City will not pay for higher limits, but if the DBM pays for insurance with higher
limits, the DBM will name the City as an additional insured on any additional
insurance.
Claims Made, In the event any insurance policies required by this Contract are
written on a “claims made" basis, coverage shall continue uninterrupted throughout
the term of this Contract by keeping coverage in force using the effective date of
this Contract as the retroactive date on all “claims made" policies. The retroactive
date for exclusion of claims must be on or before the effective date of this Contract,
and can never be after the effective date of this Contract. Upon completion or
termination of this Contract, the "claims made" coverage shall be extended for an
additional three (3) years using the original retroactive date, either through
purchasing an extended reporting option; or by continued renewal of the original
Insurance policies. Submission of annual Certificates of Insurance, citing the
applicable coverages and provisions specified herein, shall continue for three (3)
years past the completion or termination of this Contract.
9.1.6.
Deductibles and Self-Insured Retentions. The policies stated in this Article may
provide coverage which contains deductibles or self-insured retention amounts.
Any deductibles or self-insured retention are not applicable to the policy limits
provided to the City. The DBM is solely responsible for any deductible or self-
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insured retention amount. The City, at its option, may require the DBM to secure
payment of any deductible or self-insured retention by a surety bond or irrevocable
and unconditional Letter of Credit. Any self-insured retentions and deductibles must
be declared to and approved by the City. If not approved, the City may require that
the insurer reduce or eliminate any self-insured retentions with respect to the City,
its officers, officials, agents,; employees, and volunteers.
9.2. MINIMUM SCOPE AND LIMITS OF INSURANCE. The DBM will provide coverage and
with limits of liability not less than those stated below.
9.2.1. Commercial General Liability - Occurrence Form
General Aggregate
Products-Completed Operations Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Medical Expense (Any one person)
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$100,000
Optional
DBM must maintain "occurrence" form Commercial General Liability insurance with a
limit of not less than $2,000,000 for each occurrence, $2,000,000 Products and
Completed Operations Annual Aggregate, and a $2,000,000 operations, independent
contractors, products completed operations, personal injury and advertising injury. If
any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be "follow form” equal or broader in coverage scope than underlying
insurance.
9.2.2. Automobile Liability - Any Auto or Owned, Hired and Non-Owned Vehicles
Combined Single Limit Per Accident
For Bodily Injury and Property Damage
$1,000,000
DBM must maintain Business/Automobile Liability insurance with a limit of $1,000,000
each accident on DBM owned, hired, and non-owned vehicles assigned to or used in
the performance of the DBM’s work or services under this Contract. If any Excess
insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance
must be "follow form" equal or broader in coverage scope than underlying insurance.
9.2.3. Workers’ Compensation and Employers Liability
Workers’ Compensation
Employers Liability: Each Accident
Disease - Each Employee
Disease - Policy Limit
Statutory
$500,000
$500,000
$1,000,000
DBM must maintain Workers Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of DBM employees engaged in the
performance of work or services under this Contract and must also maintain
Employers' Liability insurance of not less than $500,000 for each accident, $500,000
disease for each employee and $1,000,000 disease policy limit. The insurer must
agree to waive all rights of subrogation against the City, its officers, officials, agents.
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employees, and volunteers for losses arising from Work performed by the DBM for the
City.
9.2.4. Coverage Term and Required Endorsements
1.
The Commercial General Liability and Automobile Liability policies are to
contain, or be endorsed to contain, the following provisions: The City, its
officers, officials, agents, and employees are to be named as additional
insureds with respect to liability arising out of activities performed by, or on
behalf of, the DBM including the City's general supervision of DBM, products
and completed operations of DBM, and automobiles owned, leased, hired, or
borrowed by DBM.
2.
Except for Contractors Professional Liability and Workers Compensation
insurance, for all insurance policies required under this Contract, the City, its
officers, officials, agents, and employees must be additional insureds to the full
limits of liability purchased by the DBM even if those limits of liability are in
excess of those required by this Contract.
3.
Except for Contractors Professional Liability and Workers Compensation
insurance, all insurance policies required under this Contract, including any
excess insurance policies, must be primary insurance with respect to the City,
its officers, officials, agents, and employees. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, and employees must be in
excess of the coverage provided by the DBM and must not contribute to it.
4.
For all insurance policies required under this Contract, insurance coverage
must apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5.
For all insurance policies required under this Contract, insurance coverage
must not be limited to the liability assumed under the indemnification provisions
of this Contract.
6.
All insurance policies required under this Contract must contain a waiver of
subrogation against the City, its officers, officials, agents, and employees, for
losses arising from Work performed by the DBM for the City.
7.
For all insurance policies required under this Contract, if the DBM receives
notice that any of the required policies of insurance are materially reduced or
cancelled, it will be DBM’s responsibility to provide prompt notice to the
Contract Administrator for the City, unless such coverage is immediately
replaced with similar policies.
8.
The DBM, its successors or assigns, is required to maintain Commercial
General Liability insurance as specified in this Contract for a minimum period
of three (3) years following completion and acceptance of the Work. The DBM
must submit Certificates of Insurance evidencing the Commercial General
Liability insurance during this three (3) year period containing all the insurance
requirements stated in this Contract including naming the City of Scottsdale, its
agents, representatives, officers, directors, officials and employees as
Additional Insured as required.
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9.
The Commercial General Liability policy will be at least as broad as the
Insurance Service Office, Inc.’s CG 0 0 01 07 98.
10.
The DBM'S Insurance must contain broad form contractual liability coverage
and must not exclude liability arising put of explosion, collapse, or underground
property damage hazards (“XCU") coverage.
9.3. OTHER INSURANCE REQUIREMENTS.
9.3.1.
Contractors Professional Liability. The DBM must carry Contractors Professional
Liability insurance to cover the residual, contingent, and passive design exposures
of the DBM.Jhe DBM must carry limits of $1,000,000 each Project and $2,000,000
in the Aggregate under a stand-alone policy or included by endorsement under the
Commercial General Liability policy. The DBM, its successors and or assigns, is
required to maintain this Professional Liability insurance as specified in this
Contract for a minimum period of three (3) years following completion and
acceptance of the Work. Certificates of Insurance citing that applicable coverage
is in force and contains the provisions required by this Contract must be submitted
for the three (3) year period. In the event the Professional Liability insurance policy
is written on a “claims made" basis, coverage will extend for three (3) years past
completion and acceptance of the work or services, and the DBM, pr its selected
Design Professional will submit Certificates of Insurance as evidence the required
coverage is in effect. The Design Professional must annually submit Certificates
of Insurance citing that the applicable coverage is in force and contains the required
provisions for a three (3) year period. If there is no Professional Liability work or
service as a part of this Contract, the City will waive the Professional Liability
insurance requirement in writing.
9.3.2.
Builders Risk-Installation Insurance (Course of Construction^. Builders Risk-
Installation arid/or Boiler and Machinery Insurance coverage to be provided by the
DBM as determined necessary by the City prior to the start of construction.
The DBM bears all responsibility for loss to all Work being performed and to
buildings under construction. Unless waived in writing by the City of Scottsdale,
the DBM will purchase and maintain in force Builders' Risk-Installation insurance
on the entire Work until completed and accepted by the City. This insurance will
be Special Causes of Loss or Open Perils policy form, for the completed value at
replacement cost equal to the GMP and all subsequent modifications.
Builders’ Risk-Installation insurance must cover the entire Work including
reasonable compensation for architects and engineers' services and expenses and
other "soft costs" made necessary by an Insured loss. Builders' Risk-Installation
insurance must provide coverage from the time any covered property comes under
the DBM’S control and or responsibility, and continue without interruption during
course of construction, renovation and or Installation, including any time during
which any project property or equipment is in transit, off site, or while on site for
future use or installation. Insured property must include, but not be limited to,
scaffolding, false work, and temporary buildings at the site. This insurance must
also cover the cost of removing debris, including demolition as may be legally
required by operation of any law, ordinance, regulation or code.
The DBM must also purchase arid maintain Boiler and Machinery insurance with
the same requirements as Builders’ Risk-Installation insurance cited above if the
Work to be performed involves any exposures or insurable property normally
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covered under a Boiler and Machinery insurance policy or made necessary as
required by law or testing requirements in the performance of this Contract.
The DBM will be responsible for any and all deductibles and the City must also be
named as a Loss Payee under these policies. The DBM’s insurance must be
primary and not contributory; and waive all rights of subrogation against the City of
Scottsdale, its officer, officials and employees. DBM’s insurance must name the
City of Scottsdale, the DBM and all tiers of Subcontractors as insureds as respects
their insurable interest at the time of loss. It must contain a provision that this
insurance wiil not be canceled or materially altered without at least thirty (30) days
advance notice to the City. The DBM is also required to give the City thirty (30)
days advance written notice of the coverage termination for the Project.
The Builders’ Risk insurance must be endorsed so that the insurance will not be
canceled or lapse because of any partial use or occupancy by the City. Builders'
Risk Insurance must be maintained until whichever of the following first occurs: (i)
final payment has been made; or, (ii) until no person or entity, other than the City,
has an insurabie interest in the property required to be covered.
9.4. SUBCONSULTANTS AND SUBCONTRACTORS INSURANCE. Unless the DBM’s
Subconsultants and Subcontractors can provide the same level of coverage as detailed in
Article 9 and name the City and the DBM as Additional Insureds, the DBM’s certificates
must include all Subcontractors and Subconsultants as insureds under its policies or the
DBM must maintain separate certificates and endorsements for each Subcontractor and
Subconsultant. All coverage for Subcontractors and Subconsultants must be in the
amounts shown in Article 9.2, except for the General Liability Each Occurrence limit which
shall be $1,000,000. Certificates must contain a provision that the insurance will not be
canceled or materially altered without at least thirty (30) days advance notice to the City.
9.5. NOTICE OF CANCELLATION. If the DBM, receives notice that any of the required policies
of insurance are materially reduced or cancelled, it will be the DBM’s responsibility to
provide prompt notice to the Contract Administrator of same to the City, unless such
coverage is immediately replaced with similar policies. Each insurance policy required by
the insurance provisions of this Contract must provide the required coverage and must not
be suspended, voided, canceled by either party, reduced in coverage or in limits except
until after thirty (30) days written notice has first been given in accordance with Article 11.26
herein, with a copy to:
City of Scottsdale
Risk Management Office
7447 E. Indian School Road, Suite 225
Scottsdale, Arizona 85251
9.6. ACCEPTABILITY OF INSURERS. Without limiting any obligations or liabilities of the DBM,
the DBM must purchase and maintain, at its own expense, the required minimum insurance
with duly licensed or approved non-admitted insurers in the State of Arizona with an A.M.
Best rating of not less than B++6 with policies and forms satisfactory to City. Failure to
maintain insurance as required may result in termination of this Contract at the City’s sole
discretion.
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9.7. VERIFICATION OF COVERAGE
9.7.1. The DBM must furnish the City Certificates of Insurance (ACORD form or
equivalent approved by the City) and with original endorsements effecting
coverage as required by this Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. Any policy endorsements that restrict or limit
coverages must be clearly noted on the Certificate of Insurance.
9.7.2. All certificates and endorsements are to be received and approved by the City
before Work commences except for Builders’ Risk Insurance. Each insurance
policy required by this Contract must be in effect on or before the earlier of
commencement of Work under the Contract Documents or the signing of this
Contract. Failure to maintain the insurance policies as required by this Contract
or to provide evidence of renewal is a material breach of this Contract.
9.7.3. All certificates of insurance required by this Contract must be sent directly to the
City of Scottsdale, Transportation & Infrastructure. The project number and
project description must be included on the Certificates of insurance. The
City reserves the right to require complete, certified copies of all insurance
policies required by this Contract, at any time. The City reserves the right to
require complete certified copies of all insurance policies required by this
Contract, at any time. Failure to provide a Certificate of Insurance with the
appropriate verbiage will result in rejection of the DBM’s Certificate and delay in
contract execution. Additional Certificates of Insurance submitted without
referencing a Contract number will be subject to rejection and returned or
discarded.
9.8
APPROVAL. Any variation from the requirements in this Article 9 must be approved by
the City’s Risk Management Division, whose decision will be final. Said amendment will
not require a formal contract modification but may be made by administrative action.
9.9 BONDS AND OTHER PERFORMANCE SECURITY
9.9.1.
Before execution of this Contract, the DBM must provide a Performance Bond
and a Payment Bond, each in an amount equal to the full amount of the GMP
stated in this Contract. The form of the bonds must be in substantially the same
form as Exhibit D and Exhibit E. which are attached to this Contract.
9.9.2.
Each bond must be executed by a surety company or companies holding a
Certificate of Authority to transact surety business in the State of Arizona,
issued by the Director of the Arizona Department of Insurance. A copy of the
Certificate of Authority must accompany the bonds. The Certificate must have
been issued or updated within two (2) years before the execution of this
Contract.
9.9.3.
The bonds must be made payable and acceptable to the City of Scottsdale.
9.9.4.
The bonds must be written or countersigned by an authorized representative
of the surety and the bonds must have attached a certified copy of the Power
of Attorney of the signing official.
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1. If 1 Power of Attorney is submitted, it must be for twice the total GMP
amount.
2. If 2 Powers of Attorney are submitted, each must be for the total GMP
arhount. Personal or individual bonds are not acceptable.
Upon the request of any person or entity appearing to be a potential beneficiary
of bonds covering payment of obligations arising under the Contract
Documents, the DBM must promptly furnish a copy of the bonds or permit a
copy to be made.
9.9.6.
All bonds submitted for this Project must be provided by a company which has
been rated “A-or better" by the A.M. Best Company.
ARTICLE 10 - INDEMNIFICATION
10.0
THE DESIGN-BUILD MANAGER’S GENERAL INDEMNIFICATION. To the fullest
extent permitted by law, the DBM, its successors, assigns and guarantors, rhust defend, indemnify
and hold harmless the City of Scottsdale, its agents, representatives, officers, directors, officials
and employees from and against all allegations, demands, proceedings, suits, actions, claims,
damages, losses, expenses, including but not limited to, reasonable attorney fees, court costs,
and the cost of appellate proceedings, and all claim adjusting and handling expense, investigation
and litigation, for bodily injury or personal injury (including death), or loss or damage to tangible
or intangible property caused, or alleged to be caused. In whole or in part, related to, arising from
or out of, or resulting from any acts, omissions, negligence, recklessness, or intentional wrongful
conduct to the extent caused by the DBM or any of its owners, officers, directors, agents or
employees performing Work or Services under this Contract, including but not limited to. any
Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable and any injury or damages by any of the DBM employees. This
indemnity includes any claim or amount arising out of, or recovered under, the Worker's
Compensation Law or arising out of the failure of the DBM to conform to any federal, state, or local
law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties
that the City Shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the City, be indemnified by the DBM from and against any and all claims. It
is agreed that the DBM will be responsible for primary investigation, defense, and judgment costs
where this indemnification is applicable. In consideration of the award of this Contract, the DBM
agrees to waive all rights of subrogation against the City, its officers, agents, representatives,
directors, officials, and employees for losses arising from the work performed by the Architect for
the City.
Insurance provisions in this Contract are separate and independent from the indemnity
provisions of this Article and will not be construed in any way to limit the scope and magnitude
of the indemnity provisions. The indemnity provisions of this Article will not be construed in
any way to limit the scope and magnitude and applicability of the insurance provisions.
10.1 INTELLECTUAL PROPERTY
10.1.1. The DBM must pay all royalties and license fees associated with its performance
of services.
10.1.2. To the extent permitted by law, DBM shall indemnify and hold harmless the City
against any liability, including costs and expenses, for infringement of any patent,
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trademark, or copyright arising out of Contract performance or use by the City of
materials furnished or work performed under this Contract.
10.1.3. The DBM must defend any action or proceeding brought against the City based on
any claim that the Work, or any part of it, or the operation or use of the Work or any
part of it, constitutes infringement of any United States patent or copyright, now or
subsequently issued. The City will give prompt written notice to the DBM of any
action or proceeding and will reasonably provide authority, information and
assistance in the defense of the action. The DBM will indemnify and hold harmless
the City from and against all damages, expenses, losses, royalties, profits and
costs, including but not limited to attorneys' fees and expenses awarded against
the City or the DBM in any action or proceeding. The DBM agrees to keep the City
informed of all developments in the defense of these actions. The City may be
represented by and actively participate through its own counsel in any suit or
proceedings if it so desires.
10.1.4. If the City is enjoined from the operation Or use of the Work, or any part of the Work,
as the result of any patent or copyright suit, claim, or proceeding, the DBM must at
its sole expense take reasonable steps to procure the right to operate or use the
Work. If the DBM cannot procure the right within a reasonable time, the DBM must
promptly, at the DBM’s option and at the DBM’s expense, (i) modify the Work so as
to avoid infringement of any patent or copyright or (ii) replace the Work with Work
that does not infringe or violate any patent or copyright.
10.1.5. Articles 10.1.3 and 10.1.4 above will not be applicable to the extent any suit, claim
or proceeding based on infringement or violation of a patent or copyright (i) relating
solely to a particular process or product of a particular manufacturer specified by
the City and not offered or recommended by the DBM to the City or (ii) arising from
modifications to the Work by the City or its agents after acceptance of the Work, or
(iii) relating to the copyrights of any specification, drawings, or any Design Services
provided by the City, the Design Professional, any consultant retained by the City,
or by a Subcontractor or Supplier.
10.1.6. The obligations contained in this Article 10.1 will constitute the sole Contract
between the parties relating to liability for infringement or violation of any patent or
copyright.
ARTICLE 11 - GENERAL PROVISIONS
11.1.
MARSHALING AREA. The DBM is advised to contact the City of Scottsdale
Development Services to determine the requirements for obtaining a permit for
marshaling areas it proposes to use. Marshaling areas rhust be fenced. The DBM must
obtain written approval from the property owner for marshaling area use. The approval
must contain any requirements, which are a condition of this approval. Marshaling yard
requirements according to M.A.G. Subsection 107.6.1 and City of Scottsdale
Supplemental Specifications will apply.
11.2.
CONTRACT DOCUMENTS.
11.2.1.
Contract Documents are as defined in Article 13.
11.2.2.
The Contract Documents form the entire Contract between the City and the
DBM. No oral representations or other contracts have been made by the
parties except as specifically stated in the Contract Documents. Each
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provision of law and any terms required by law to be in this Contract are a
part of this Contract as If fully stated herein.
11.2.3.
In the event of any inconsistency, conflict, or ambiguity between or among
the Contract Documents, the Contract Documents will take precedence in
the order in which they are listed in the definition of Contract Documents in
Article 13. As to drawings and plans, given dimensions will take precedence
over scaled measurements, and large scale plans over small-scale plans.
Contract specifications will take precedence over contract plans.
11.2.4.
The Contract Documents are intended to permit the parties to complete the
Work and all obligations required by the Contract Documents within the
Contract Time for the Contract Price. The Contract Documents are intended
to be complementary and interpreted in harmony so as to avoid conflict, with
words and phrases interpreted in a manner consistent with construction and
design industry standards.
11.2.5.
The Preconstruction Contract, the Plans, Standard Specifications and
Details, Special Provisions, Performance Bond, Payment Bond, Certificates
of Insurance, Change Orders, and Contract Modifications (if any) are by
reference made a part of this Contract.
11.2.6.
WORK PRODUCT.
1. All work products (electronically or rnanually generated) including but not
limited to: cost estimates,, studies, design analyses, original mylar
drawings. Computer Aided Drafting and Design (CADD) file diskettes,
and other related documents which are prepared or procured in the
performance of this Contract (collectively referred to as documents) are
to be and remain the property of the City and are to be delivered to the
City before the final payment is made to the DBM. In the event these
documents are altered, modified or adapted without the written consent
of the DBM or the Subconsultants, which consent the DBM or the
Subconsultants will not unreasonably withhold, the City agrees to hold
the DBM and the Subcontractors harmless to the extent permitted by law
from the legal liability arising out of the City’s alteration, modification or
adoption of the documents.
2. The copyrights, patents, trade secrets or other intellectual property rights
associated with the ideas, concepts, techniques, inventions, processes
or works of authorship developed, created by the DBM, its
Subcontractors or personnel, during the course of performing this
Contract or arising out of the Project will belong to the DBM.
11.3. MODIFICATIONS. The Contract Documents may not be changed, altered, or amended
in any way except as mutually agreed by the parties and as consistent with the City of
Scottsdale Procurement Code, as amended.
11.TIME IS OF THE ESSENCE. The City and DBM mutually agree that time is of the
essence with respect to the dates and times contained in the Contract Documents.
11.6. MUTUAL OBLIGATIONS. The City and DBM commit at all times to cooperate fully with
each other, and proceed on the basis of trust and good faith, to permit each party to realize
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the benefits afforded under the Contract Documents.
11.6.
COOPERATION AND FURTHER DOCUMENTATrON. The DBM agrees to provide all
documents, as the City will reasonably request to implement the intent of the Contract
Documents.
11.7.
ASSIGNMENT. Neither the DBM nor the City wiH, without first obtaining the written
consentofthe other assign, transfer or sublet any portion of this Contract or part of the
Work or the obligations required by the Contract Documents.
11.8.
FORGE MAJEURE. Except for payment of sums due, neither party shall be liable to the
other nor deemed in default under this Contract if and to the extent that such party’s
perfprnriance of this Contract is prevented by reason of force majeure. The term “force
majeure” means an occurrence, that is beyond the control of the party affected and occurs
without its fault or negligence. Without limiting the foregoing, force: majeure includes acts
of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil
disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act by
government authority; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising reasonable
diligence.
11.9.
FUNDS APPROPRIATION. If the City Council does not appropriate funds to continue
this Contract and pay for required charges, the City may terminate this Contract at the
end of the current fiscal period. The City agrees, to give written notice to the DBM at least
thirty (30) days before the end of its current fiscal period and will pay the DBM for all
approved charges incurred through the end of this period.
11.10. COMPLETENESS AND ACCURACY OF DBM’S WORK. The DBM will be responsible
for the completeness and accuracy of its reviews, reports, supporting data, and all other
preconstruction phase Deliverables prepared or compiled in accordance with its
obligations under this Contract and Will at its sole expense correct its Work or
Deliverables. The materials and services supplied under this Contract shall comply with
all applicable federal, state and local laws, and the DBM shall maintain all applicable
licenses and permits. The fact that the City has accepted or approved the DBM’s Work
or Delivefables will in no way relieve the DBM of any of its responsibilities under this
Contract, nor does this requirement to correct the Work or Deliverable coristitute a waiver
of any claims or damages otherwise available by law or Contract to the City.
11.11. UTILITY RELOCATIONS FOR CONSTRUCTION METHODS If any utility is relocated
or rebuilt to accommodate the DBM’s construction methods and available equipment, the
expense will be borne by the DBM and will be replaced to the original location before
completion of the Project at the request of the City, at the DBM’s sole expense, without an
increase in the Contract Price or GMP-
11.12. DAMAGED UTILITIES DURING GONSTRUCTION. Any utilities damaged during
construction will be replaced at the DBM’s sole expense, without an increase in the
Contract Price or GMP, as required by the M.A.G. Standard Specifications.
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11.13. THIRD PARTY BENEFICIARY. Nothing under the Contract Documents will be
construed to give any rights or benefits in the Contract Documents to anyone other than
the City and the DBM, and all duties and responsibilities undertaken in accordance with
the Contract Documents will be for the sole and exclusive benefit of the City and the DBM
and not for the benefit of any other or third party.
11.14. GOVERNING LAW AND VENUE. This Contract and all Contract Documents will be
considered to be made under and will be construed in accordance with and governed by the
laws of the State of Arizona without regard to the conflicts or choice of law provisions. Any
action to enforce any provision of this Contract or to obtain any remedy with respect to this
Contract shall be brought in the Superior Court of Maricopa County, Arizona, and for this
purpose, each parly expressly and irrevocably consents to the jurisdiction and venue of that
Court and waives the right to have such action removed to Federal District Court.
11.15. SEVERABILITY. If any provision of the Contract Documents or their application to any
person or circumstance is invalid, illegal or unenforceable to any extent, the remainder of
the Contract Documents and the application of the Contract Documents will not be affected
and will be enforceable to the fullest extent permitted by law. In accordance with the
provisions of A.R.S. § 41-194.01, as amended, should the Attorney General give notice to
the City that any provision of the Contract Documents violates state law or the Arizona
Constitution, or that it may violate a state statute or the Arizona Constitution, and the
Attorney General submits the offending provision to the Arizona Supreme Court, the
offending provision(s) shall be immediately severed and struck from the Contract
Documents and the City and the DBM shall, within ten (10) days after such notice,
negotiate in good faith to resolve any issues related to the severed provision(s).
11.16. LEGAL REQUIREMENTS. The DBM will perform all Work in accordance with all Legal
Requirements and will provide all notices applicable to the Work as required by the Legal
Requirements.
11.17. INDEPENDENT CONTRACTOR. The services the DBM provides to the City are that of
an Independent the DBM. Neither party to this Contract shall be deemed to be the
employee or agent of the other party to the Contract. Upon request, the DBM shall provide
the required I.R.S. From W-9 which is available from the IRS website at www.IRS.gov
under its forms section. Any provisions in the Contract Documents that may appear to give
the City the right to direct the DBM as to the details of accomplishing the Work or to
exercise a measure of control over the Work means that the DBM will follow the wishes of
the City as to the results of the Work only. These results will comply with all applicable
laws and ordinances.
11.18. THE CITY’S RIGHT OF CANCELLATION. Pursuant to A.R.S. § 38-511, as amended,
the City may cancel any contract or agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating the contract on
behalf of the City’s departments or agencies is, at any time while the contract or any
extension of the contract is in effect, an employee of any other party to the contract in any
capacity or a contractor to any other party to the contract with respect to the contract’s
subject matter. The cancellation will be effective when all other parlies to the contract
receive the City’s written notice unless the notice specifies a later time.
11.19. SURVIVAL. Except as expressly agreed herein, all warranties, representations and
indemnifications by the DBM shall survive the completion, expiration, and/or termination of
this Contract.
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11.20. COVENANT AGAINST CONTINGENT FEES. The DBM warrants that no person other
than a bona fide employee working solely for the DBM has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this covenant, the
City of Scottsdale will have the right to annul this Contract without liability, or at its
discretion to deduct from the Contract Price or consideration, or otherwise recover the
full amount of any commission, percentage, brokerage, or contingent fee, together with
costs and attorney’s fees.
11.21. SUCCESSORS AND ASSIGNS. This Contract will extend to and be binding upon the
DBM, its successors and assigns, including any individual, company, partnership, or other
entity with or into which the DBM will merge, consolidate, or be liquidated, or any person,
corporation, partnership, or other entity to which the DBM will sell its assets, except that
services covered by this Contract may not be assigned or sublet in whole or in part without
first obtaining the written consent of the Purchasing Director and Contract Administrator..
11.22. ATTORNEYS’ FEES. In the event either party brings any action for any relief, declaratory
or otherwise, arising out of this Contract, or on account of any breach or default, the prevailing
party will be entitled to receive from the other party an award of reasonable attorneys’ fees
and reasonable costs and expenses, as determined by the court sitting without a jury, which
will be considered to have accrued on the commencement of any action and will be
enforceable whether or not the action is prosecuted to judgment.
11.23. HEADINGS. The headings used in this Contract, or any other Contract Documents, are
for ease of reference only and will not in any way be construed to limit or alter the meaning
of any provision.
11.24. COOPERATIVE USE OF CONTRACT. In addition to the City of Scottsdale, this Contract
may be extended for use by other municipalities, government agencies, and governing
bodies, including the Arizona Board of Regents, and political subdivisions of this State.
Any such usage by other entities must be in accord with the ordinances, charter, and/or
rules and regulations of the respective entity and the approval of the Contractor.
11.25. NO WAIVER. Either party’s failure to Insist on strict perfonnance of any term or condition
of the Contract shall not be deemed waiver of that term or condition even if the party
accepting or acquiescing in the nonconforming performance knows of the nature of the
performance and fails to object to it.
11.26. NOTICE. All notices or demands required to be given, in accordance with the terms of
this Contract, will be given to the other party in writing, delivered by hand or registered
or certified mail, at the addresses stated below, or to any other address as the parties
may substitute by written notice given in the manner prescribed in this Article. Notice
given by facsimile or electronic mail (e-mail) will not be considered adequate notice.
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To City:
City of Scottsdale
Nathan Crowell, Contract Administrator
Transportation & Infrastructure
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
Copy to:
City of Scottsdale
Aaron Rutherford, Interim Construction
Administration Supervisor
Transportation & Infrastructure
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
To DBM:
Mandel McDonnell,
Project Executive
Willmeng Construction, Inc.
1702 E Highland Ave.
Phoenix, AZ 85016
11.27. ADDITIONAL CITY RIGHTS REGARDING SECURITY INQUIRIES. Projects may be
completed in both secure and non-secure City facilities. All the DBM and Subcontractor
employees may be required to pass mandatory background checks prior to the start of
any Work and be issued access badges by City of Scottsdale Municipal Security. In
addition to the foregoing, the City reserves the right to: (1) have an employee/prospective
employee of the DBM be required to provide fingerprints and execute any other
documentation as may be necessary to obtain criminal justice information pursuant to
A.R.S. § 41-1750(G)(4): (2) act on newly acquired information whether or not that
information should have been previously discovered; (3) unilaterally change its standards
and criteria relative to the acceptability of the DBM's employees or prospective
employees: and, (4) object, at any time and for any reason, to an employee of the DBM
performing Work (including supervision and oversight) under this Contract.
11.27.1. Provisions Applicable to all Contractor Contracts and Subcontracts. The DBM
will include the terms of this provision for employee background and security
checks and screening in all contracts and subcontracts for Work performed
under this Contract, including supervision and oversight.
11.27.2. Materiality of Security Inquiry Provisions. The Security Inquiry provisions of this
Contract, as stated above, are material to the City’s entry into this Contract and
any breach by the DBM may, at the City’s sole option and unfettered discretion,
be considered to be a breach of contract of sufficient magnitude to terminate
this Contract. Termination will subject the DBM to liability for its breach of
contract.
11.28. HAZARDOUS MATERIALS. Upon discovery of hazardous materials the DBM will comply
with all applicable laws/ordinances and regulations and take all appropriate health and
safety precautions.
11.28.1. Unless included in the Work, if the DBM encounters onsite or as material to be
incorporated in the Work, any material which he reasonably believes to contain
asbestos, polychlorinated biphenyl (PCB), or other hazardous substances or
materials regulated by public health laws, he will immediately stop work and
report the condition to the City.
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11.28.2. If the material is found to contain asbestos, PCB or other hazardous substances
or materials regulated by public health laws, the DBM will not resume work in the
affected area until the material has been abated or rendered harmless. The DBM
and the City may agree, in writing, to continue Work in non-affected areas onsite.
11.28.3. An extension of Contract Time may be granted in accordance with Article 5.
11.28.4. The DBM will comply with all applicable laws/ordinances and regulations and
take all appropriate health and safety precautions upon discovery.
11.28.5. Despite the provisions of this Article, the City is not responsible for Hazardous
Conditions introduced to the Site by the DBM, Subcontractors or anyone for
whose acts they may be liable. The DBM will indemnify, defend and hold
harmless the City and the City's officers, directors, employees and agents from
and against all claims, losses, damages, liabilities and expenses, including
attorneys' fees and expenses, arising out of or resulting from those Hazardous
Conditions introduced to the Site by the DBM, Subcontractors or anyone for
whose acts they may be liable.
11.29. TRAFFIC CONTROL
11.29.1. Complete street closures will not be permitted unless specified in the Special
Provisions. The Traffic Engineering Director or designee must approve the
timing and sequence of street closures at least fourteen (14) days before the
closure. This approval is necessary to provide coordination with other roadway.
projects and special events.
11.29.2. Adequate barricades and lighted warning signs must be installed and
maintained by the DBM throughout the duration of the Project. All traffic control
must be in accordance with the City of Phoenix Traffic Control Manual or the
approved barricade plan unless otherwise specified in the Special Provisions.
11.29.3. The DBM must submit a construction schedule and a barricade plan to the
Construction Coordinator for approval or modification at least seventy-two (72)
hours before construction is initiated. After review, the Construction
Coordinator will forward the construction schedule and barricade plan to the
Right of Way Manager (Traffic Engineering). The Construction Coordinator will
return the approved barricade plan to the DBM or ask for additional information.
11.29.4. The DBM will comply with all provisions of the City of Phoenix Traffic Barricade
Manual and any other traffic control provisions as may be provided in the
technical specifications or in the approved barricade plan.
11.29.5. The DBM must insure that placement and maintenance of all temporary traffic
control adheres to the City’s Barricade Ordinance. Violations of the Ordinance
are subject to fines set forth in the Ordinance.
11.30. EXISTING WORK OCCURRING NEAR TRAFFIC SIGNAL EQUIPMENT. The DBM will
use due care when excavating at or near intersections where traffic signal underground
conduit is located. The DBM will notify the Transportation Maintenance Traffic Signal
Division (tel. 480.312.5620) forty-eight (48) hours in advance, of any work at the
intersections. The DBM will be responsible for the installation and maintenance of
temporary overhead traffic signal cable as specified by the Transportation Department
when underground conduit is to be severed by excavations at the intersection. The
Traffic Signals Supervisor will have all underground traffic conduit located and will
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provide the necessary City Traffic Signal Technicians to assist the DBM in identifying
wiring phases and direction of conduit runs upon twenty-four (24) hours notice from the
DBM and at least one (1) day before the DBM’s scheduled wiring and installation of
temporary cables. The DBM will be responsible for the wiring and connection of all
temporary cable within the pull boxes and terminal compartments. The Traffic Signals
Supervisor will provide a City Traffic Signal Technician to assist the DBM with connecting
field wiring within the traffic signal control cabinet. The DBM will provide, at its expense,
at least one (1) off-duty uniformed Police Officer as may be required to direct traffic while
the traffic signal is turned off and the wiring is transferred. The DBM will be responsible
as specified by the Streets Department for the repair and restoration of all traffic signal
overhead and underground items that have been damaged or modified. Intersections
with communications or CCTV cameras will be restored to full functionality within twenty-
four (24) hours, if they are disturbed during construction. The CPM Inspector will contact
the Traffic Management Center (TMC) (480) 312-7777, 24 hours in advance, to
coordinate the outage. The City does not allow the splicing of Magnetic Detector Loops.
11.31. TEMPORARY TRAFFIC SIGNALS. The DBM will provide and install temporary traffic
signals if at any time during construction the alignment of the traffic lanes is such that
two traffic signal indications for any movement are not within a twenty (20) degree cone
of vision from the driver's eye located ten feet behind the stop bar position as specified
in Section 4D.15 of the MUTCD. The DBM will submit a temporary traffic signal plan to
the Construction Coordinator for approval at least fourteen (14) days in advance of
installation of the temporary traffic signal equipment. For short durations, the DBM may
obtain approval from the Construction Coordinator to utilize a uniformed Police Officer to
direct traffic through the intersection when the above criteria are not met. The
Construction Coordinator shall be responsible for notifying the City of Scottsdale
Intelligent Transportation Systems (ITS) division of any and all changes that will have an
effect on the normal flow of traffic operation. (See TMC note above)
11.32. TEMPORARY VEHICLE DETECTION. For all construction projects in the City of
Scottsdale within duration of fifteen (15) days or more, temporary vehicle detection will
be required for all approaches at signalized intersections that currently have loop
detection which will be disturbed by the construction. In addition, traffic signal
communications (telephone or other) to the central signal computer and CCTV (if
present) will be maintained continuously during the course of the project. Work under
this item will consist of furnishing all labor, equipment and materials necessary to install
temporary traffic signal detection, and maintain signal communications. The DBM or
Sub-contractor, through the life of the Project, will maintain the detection zones and
communications by ensuring full functionality twenty-four (24) hours a day, seven (7)
days a week. The DBM will be responsible for the ongoing operation of the detection
equipment, which may require redeployment of detection zones as traffic barricading and
lane use changes require.
11.33. MATERIAL SOURCE. No material source has been designated by the City for use on
this Project. MAG Specification, Section 106 will apply as will 2008 ADOT Standard
Specifications, Section 106.1, 106.2, 106.7 & 106.8, which outline controls and Section
1001-1, -2, & -4, concerning approval of DBM furnished material source and
supplemental Contracts in regards to environmental analysis and the liability for materials
testing costs.
11.33.1. A DBM and Subcontractor furnished source will be defined as a material source,
which is neither an A.D.O.T. furnished source nor a cornmercial source, as
defined in this Contract.
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11.33.2. A commercial source will be defined as a material source in which the owner or
producer has been for at least one year regularly engaged during regular
business hours on a continuous basis in the processing and selling of sand,
rock, ready mixed Portland cement concrete, asphaltic concrete and other
similar products normally produced and sold to all parties. The company will
have an Arizona retail sales tax license.
11.33.3. The DBM and Subcontractor furnished material sources situated in the
100-year flood plain of any stream or watercourse, and located within 1.0 mile
upstream and 2.0 miles downstream of any highway structure or surfaced
roadway crossing will not be allowed.
11.33.4. The location of any new material source or existing non-commercial material
source proposed for use on this Project will be reviewed by the appropriate
agency having flood plain management jurisdiction over the area of proposed
source location. The DBM and Subcontractor will obtain a letter from the
agency addressed to the Contract Administrator certifying that the proposed
source location conforms to the requirements of this Contract and applicable
Standard Specifications as referenced.
11.34. NATIVE PLANTS. The DBM agrees it will take whatever steps, procedures or means
necessary to remove, move, displace and save all native plants within the contract work
area in accordance with the City of Scottsdale Revised Code, as amended, and all
applicable state and county statutes, ordinances, codes and other policy requirements
and recognized methods, procedures, techniques and equipment for protection, salvage,
and handling of all plants to be moved from the construction area. This is not a pay item
unless specified upon the Schedule of Bid Items.
11.35. ENDANGERED HARDWOODS. The DBM agrees any construction, building addition or
alteration project which is financed by monies of this state or its political subdivisions will
not use endangered tropical hardwood unless an exemption is granted by the Director of
the State of Arizona, Department of Administration.
11.36. CONSTRUCTION ACTIVITY. The DBM agrees that all construction activity occurring
on Site shall conform to the hour and noise requirements of the City of Scottsdale
Revised Code, as amended.
11.37. DATA CONFIDENTIALITY
11.37.1. As used in this Contract, data means all information, whether written or verbal,
including plans, photographs, studies, investigations, audits, analyses,
samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar
documents or information prepared by or obtained by the DBM in the
performance of this Contract.
11.37.2. The parties agree that all data, including originals, images, and reproductions,
prepared by, obtained by, or transmitted to the DBM in connection with the
DBM’S performance of this Contract is confidential and proprietary information
belonging to the City.
11.37.3. Except for Subcontractors, Material and Equipment Suppliers, Consultants or
other like parties necessary to complete the Work or as required by the City,
the DBM will not divulge data to any third party without first obtaining the written
consent of the City. The DBM will not use the data for any purposes except to
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perform the services required under this Contract. These prohibitions vvill not
apply to the following data provided the DBM has first given the required notice
to the City:
1.
Data, which is or becomes publicly available other than as a result of a
violation of this Contract;
2.
Data, which was in the DBM's possession legally and without restrictions
before its performance under this Contract, unless the data was acquired
in connection with the Work performed for the City;
3.
Data, which was acquired by the DBM in its performance under this
Contract and which was disclosed to the DBM by a third party, who to
the best of the DBM’s knowledge and belief, had the legal right to make
any disclosure and the DBM is not otherwise required to hold the data in
confidence; or
4.
Data, which is required to be disclosed by virtue of law, regulation, or
court order to which the DBM is subject.
11.37.4. In the event the DBM is required or requested to disclose data to a third party,
or any other information to which the DBM became privy as a result of any other
contract with the City, the DBM will first notify the City as required in this Article
of the request or demand for the data. The DBM will give the City sufficient
facts so that the City can be given an opportunity to first give its consent or take
the action that the City may consider appropriate to protect the data or other
information from disclosure.
11.37.5. The DBM, unless prohibited by law, shall promptly deliver, as stated in this
Article a copy of all data in its possession and control to the City. All data will
continue to be subject to the confidentiality requirements of this Contract.
11.37.6. The DBM assumes all liability for maintaining the confidentiality of the data in
Its possession and agrees to compensate the City if any of the provisions of this
Article are violated by the DBM, its employees, agents or Subconsultants.
Solely for the purposes of seeking injunctive relief, it is agreed that a breach of
this Article will cause irreparable harm that justifies injunctive relief in court.
11.38. TAXES AND INDEMNIFICATION; The fee listed in this Contract includes any and alj
taxes applicable to the activities authorized by this Contract. The City will have no
obligation to pay additional amounts for taxes of any type. DBM and all Subcontractors
shall pay all Federal, state and local taxes applicable to its operation and any persons
employed by the DBM. DBM shall, and require all Subcontractors to hold the City
harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under Federal, and/or state and local laws and regulations and
any other costs including transaction privilege taxes, unemployment compensation
insurance. Social Security and Worker’s Compensation.
11.39. CONFLICT OF INTEREST
11.39.1. To evaluate and avoid potential conflicts of interest, the DBM will provide written
notice to the City, as stated in this Article, of any Work or services performed
by the DBM for third parties that may involve or be associated with any real
property or personal property owned or leased by the City. This notice will be
given seven (7) business days before the start of the Project by the DBM for a
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third-party or seven (7) business days before an adverse action as defined
below. Written notice and disclosure will be sent to the City’s Senior
Representative.
11.39.2. Actions that are considered to be adverse to the City under this Contract include
but are not limited to;
1.
Using data as defined in this Contract acquired in connection with this
Contract to assist a third party in pursuing administrative or judicial action
against the City;
2.
Testifying or providing evidence on behalf of any person in connection
with ah administrative or judicial action against the City; and
3.
Using data to produce income for the DBM or its employees
independently of performing the sen/ices under this Contract, without
first obtaining the written consent of the City.
11.39.3. The DBM represents that except for those persons, entities and projects
identified to the City, the services to be performed by the DBM under this
Contract are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to the interests of the City.
11.39.4. The DBM’s failure to provide a written notice and disclosure of the information
as required in this Article will constitute a material breach of this Contract.
11.39.6. This Contract is subject to cancellation by the City of Scottsdale in accordance
with the provisions of A.R.S. § 38 511, as amended.
11.40. COMMENCEMENT OF STATUTORY LIMITATION PERIOD AND STATUTE OF
REPOSE
11.40.1. Before Final Completion. As to acts or failures to act occurring before the
relevant date of Final Completion, any applicable statute of limitations will
commence to run and any alleged cause of action will have accrued in any and
all events not later than the date of Final Completion.
11.40.2. Between Punch List Preparation and Final Completion. As to acts or
failures to act occurring between the relevant date of Punch List Preparation
and before Final Completion, any applicable statute of limitation will begin to
run and any alleged cause of action will have accrued in any events not later
than the date of Final Completion.
11.40.3. After Completion. As to acts or failures to act occurring after the date of Final
Completion, any applicable statute of limitations will commence to run and any
alleged cause of action will have accrued in any and all events not later than
the date of any correction of the Work or failure to correct the Work by the DBM,
or the date of actual commission of any other act or failure to perform any duty
or obligation by the DBM or the City, whichever occurs last.
11.40.4. Statute of Repose. The time period for the applicable Statute of Repose will
begin to run at the time specified in A.R.S §12-552 as it is amended or
renumbered from time to time.
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11.41. NO BOYCOTT OF ISRAEL. By executing this contract, the DBM certifies that it is not
currently engaged in and will not for the duration of this Contract engage in boycott
activity proscribed by A.R.S. § 35-393 et seq, as amended.
11.42. FORCED LABOR PROVISIONS. Pursuant to A.R.S. § 35-394, as amended, the DBM
warrants and certifies that it does not currently, and agrees for the duration of this
Contract that it will not use;
1)
The forced labor of ethnic Uyghurs in the People's Republic of China.
2)
Any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
3)
Any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.
If the DBM becomes aware during the term of this Contract that the DBM is not in
compliance with this Article, the DBM shall notify the City within five (5) business days
after becoming aware of the noncompliance. Failure of the DBM to provide a written
certification that the DBM has remedied the noncompliance within one hundred eighty
(180) days after notifying the City of its noncompliance will result in automatic
termination of this Contract, unless an earlier contract termination, cancellation, or
expiration date applies.
11.43. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
11.43.1. The DBM will familiarize itself with the nature and extent of the Contract
Documents, work to be performed, all local conditions, and federal, state and
local laws, ordinances, rules and regulations that in any manner may affect cost,
progress or performance of the Work. The DBM shall comply with all applicable
federal, state, and local laws, statutes. Ordinances, standards, orders, rules,
and regulations, including, as applicable, workers’ compensation laws,
minimum and maximum salary and wage statutes and regulations, prompt
payment and licensing laws and regulations.
11.43.2. The DBM understands and acknowledges the applicability to it of the American
with Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug
Free Workplace Act of 1989, Fair Labor Standards Act, Age Discrimination in
Employment Act, Family and Medical Leave Act, National Labor Relations Act,
Occupational Safety and Health Act, and other local, state or federal law
governing the DBM’s labor and employment practices. The DBM agrees to
comply with these laws in performing this Contract and to permit the City to
verify compliance. The DBM further agrees that any violation of provision on
the part of the DBM, its employees, agents or assigns will constitute a material
breach of this Contract.
The DBM will also comply with A.R.S. §34-301, “Employment of Aliens on
Public Works Prohibited,” and A.R.S. §34-302, “Residence Requirements for
Employees,” as amended. The DBM will include the terms of this provision in
all contracts and subcontracts for Work performed under this Contract,
including supervision and oversight.
Under the provisions of A.R.S. §41-4401 and Exhibit G. the DBM warrants
to the City that the DBM and ail its Subcontractors will cornply with all
Federal Immigration laws and regulations that relate to its employees and
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that the DBM and all Its Subcontractors now comply with the E-Verify
Program under A.R.S. §23-214(A).
A breach of this warranty by the DBM or any of its Subcontractors wilj be
considered a material breach of this Contract and may subject the DBM or
Subcontractor to penalties up to and including termination of this Contract or
any subcontract.
The City retains the legai right to inspect the papers of any employee of the
DBM or any Subcontractor who works on this Contract to ensure that the DBM
or any Subcontractor is complying with the warranty given above.
The City may conduct random verification of the employment records of the
DBM and any of its Subcontractors to ensure compiiance with this warranty.
The DBM agrees to indemnify, defend and hold the City harmless for, from and
against all losses and liabilities arising from any and all violations of these
statutes.
The City will not consider the DBM or any of its Subcontractors in material
breach of this Contract if the DBM and its Subcontractors estabiish that they
have complied with the employment verification provisions prescribed by 8
USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the
E-Verify requirements prescribed by A.R.S. §23-214(A), as amended. The "E-
Verify Program" means the employment verification pilot program as jointly
administered by the United States Department of Homeland Security and the
Social Security Administration or any of its successor programs.
The provisions of this Article must be included in any contract the DBM enters
into with any and all of its Subcontractors who provide services under this
Contractor any Subcontract. “Services" are defined as furnishing labor, time or
effort in the State of Arizona by a Contractor or Subcontractor. Services include
construction or maintenance of any structure, building or transportation facility
or improvement to real property. The DBM will take appropriate steps to assure
that all Subcontractors comply with the requirements of the E-Verify Program.
The DBM’S failure to assure compliance by all its Subcontractors with the E-
Verify Program may be Considered a material breach of this Contract by the
City.
11.43.3. Compliance with Americans with Disabilities Act. The City of Scottsdale assures
full compliance with Title VI of the Civil Rights Act of 1964, Title II of the
Americans with Disabilities Act of 1990 (ADA), and other related authorities in
all of its programs and activities. The City’s Title VI and ADA Programs require
that no person shall, on the grounds of race, color, national origin and disability,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity. This policy is also
applicable to contractors and or consultants conducting work on behalf of the
City.
The DBM acknowledges that, in accordance with the Americans with
Disabilities Act (ADA), programs, services and other activities provided by a
public entity to the public, whether directly or through a contractor, must be
accessible to the disabled public. The DBM will provide the services specified
in this Contract in a manner that complies with the ADA and any and all other
applicable federal, state and local disability rights legislation. The DBM agrees
not to discriminate against disabled persons in the provision of services,
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benefits or activities provided under this Contract and further agrees that any
violation of this provision on the part of the DBM, its employees, agents or
assigns will constitute a material breach of this Contract.
11.43.4. Equal Employment Opportunity and Discrimination. For the duration of this
Contract, the DBM represents and warrants it will comply with all applicable
local, state and federal laws governing equal employment opportunities, or
prohibiting employment or other discrimination based on any protected
characteristic including but not limited to actual or perceived race, color,
religion, sex, age, disability, national origin, sexual orientation, gender identity,
or U.S. military status. City of Scottsdale Revised Code, Chapter 15 mandates
contractor compliance with the policies contained therein. The DBM agrees that
any violation of provision on the part of the DBM, its empioyees, agents or
assigns will constitute a material breach of this Contract.
The DBM wiil include the terms of this provision in all contracts and
subcontracts for work performed under this Contract, including supervision and
oversight. The DBM will, in all solicitations or advertisements for employees
placed by or on behalf of the DBM, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
11.43.5. No Preferential Treatment or Discrimination. In accordance with the provisions
of Article II, Section 36 of the Arizona Constitution, the City will not grant
preferential treatment to or discriminate against any individual or group on the
basis of race, sex, color, ethnicity or national origin. To avoid the appearance
of impropriety, the DBM shall not make any donation to the City, of any goods
or services during the term of this Contract, unless it has specifically been
approved by the City Manager or designee.
11.43.6. Advertising. No advertising or publicity concerning the City using the DBM's
services shall be undertaken without prior written approval of such advertising
or publicity by the Contract Administrator and the City Attorney.
11.44. AUTHORITY. Each Party warrants that it has full power and authority to enter into and
perform this Agreement, and that the person signing on behalf of each Party has been
properly authorized and empowered to enter into this Contract. Each Party
acknowledges that it has read, understands, and agrees to be bound by the terms and
conditions of this Contract.
ARTICLE 12 - BENCHMARKS
12. CERTIFICATION OF BENCHMARKS
In compliance with the City's Design Standards & Policies Manuai (DS&PM), Sections 9-1.1
and 9-1.301, it is the City’s intent that the DBM must use both horizontal and vertical
benchmarks with City of Scottsdale published values for any survey on all public works
projects. These published values are available for public use at the following website:
http://eservices.scottsdaleaz.qov/landsurvev/. AT LEAST 1 HORIZONTAL AND 1
VERTICAL BENCHMARK MUST MATCH THE NORTHING, EASTING OR ELEVATION
VALUES PUBLISHED ON THE CITY’S WEBSITE. The DBM must sign and submit with this
Contract the Certificate of Use attached hereto as Exhibit F and by reference made a part
of this Contract.
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ARTICLE 13-DEFINITIONS
“Addenda" - means written or graphic instruments issued before the submittal of the GMP
Proposal(s), which clarify, correct or change the GMP Proposal(s) requirements.
“Allowance" - means an agreed amount by the City and the DBM for items or services which may be
added to the GMP Proposal to complete the Work.
“Alternate Systems Evaluations” - means alternatives for design, means and methods or other scope
of work considerations that are evaluated using value engineering principles and have the potential to
reduce construction costs while still delivering a quality and functional Project that meets City
requirements.
“As-Built Document" - “As-built” in construction is equivalent to "as-is.” Drawings deemed “as- built”
are final drawings that include all changes made during the actual construction process. These
drawings represent the actual existing constructed conditions as opposed to designs or a proposed
condition. The As-Built Documents should be per Arizona Revised Statutes §32-152.
“Blueline or Blackline Prints” - Prints that allows comparison of document versions to show what has
been revised.
"Change Order" - A written order signed by authorized representatives of the City and DBM and which
approves changes in the cost or time of the Work, including changes in the Contract Price, GMP
Proposal, or Contract Time, consistent with the City of Scottsdale Procurement Code, as amended.
"City” or Owner”-means the City of Scottsdale, an Arizona municipal corporation. Regulatory activities
handled by the City of Scottsdale Development Services, Planning and Fire Departments or any other
City department are not subject to the responsibilities of the City under this Contract.
“City’s Project Contingency” - is an allowance established solely by the City to be used at the sole
discretion of the City to cover any increases in Project costs that result from City directed changes or
unforeseen site conditions The amount of the City’s Contingency may be set solely by the City and
will be in addition to the Project costs included in the GMP Proposal. Any Construction Fee on changes
using the City’s Project Contingency will be determined under Article 5.
"The City’s Senior Representative" - means the person designated in Article 7.3.1.
“Claim” - means a written request for either payment of additional monies or extension of contract time,
submitted in accordance with the terms of this Contract or applicable law.
“Construction” - as used |n this Contract is defined in A.R.S. §34-101, as amended.
“Construction Administration Supervisor” - means a City employee who coordinates the daily
construction activities with the DBM, performs quality control inspections, enforces project plans and
specifications and adopted City codes and ordinances. He will also carry out any other assignments
authorized by the Contract Administrator.
"Construction Change Directive" - is a written directive to the CMAR, which shall serve as formal and
binding direction for the CMAR to proceed with a defined change in the Work in the event the City and
CMAR cannot agree on the cost or time of a Change Order or if the cost or time of the Change Order
cannot be reasonably determined prior to beginning the change in the Work. A Construction Change
Directive may be implemented by the City when deemed necessary as an interim action until a
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Change Order can be formally assessed and executed.
"Construction Documents” - The plans, specifications, and drawings prepared by the Design
Professional after correcting for permit review requirements and incorporating Addenda and approved
Change Orders, and the Preconstruction Contract and the Construction Contract, if any.
“Construction Fee" - is a negotiated fixed fee for the DBM’s administrative costs, home office
overhead, and profit, whether at the DBM’s principal or branch offices. This includes the
administrative costs and home office costs and any iimitations or exclusions that may be included in
the General Conditions for the construction phase.
“Construction Services" - as used in this Contract is defined in A.R.S. §34-101, as amended.
“Contract Administrator” - means the person designated in Article 7.3.1. The Contract Administrator
wili serve as the DBM’s primary point of contact with the City, monitor DBM’s performance, review and
approve invoices, establish delivery schedules, and in conjunction with Purchasing ensure Certificates
of Insurance are current, conform to the requirements of this Contract, and are in the City's possession.
The DBM will direct any reports and/or special requests to the Contract Administrator.
“Contract Documents” - means the following items and documents in descending order of precedence
executed by the City and the DBM: (i) all written Contract Modifications, Addenda and Change Orders;
(ii) this Contract, including all exhibits and attachments; (iii) the Preconstruction Contract, including all
exhibits and attachments; (iv) written Supplementary Conditions; (v) Construction Documents; (vi)
GMP Proposal(s), GMP Plans and Specifications.
"Contract Modification"-means a specific written concurrence between the City and DBM for changes
to this Contract consistent with the City of Scottsdale Procurement Code, as amended.
“Contract Time(s)" - means the Day(s) as stated in Article 3 for completion of the Work subject to
adjustment in accordance with this Contract.
"Cost of the Work” or "Direct Costs”- means the costs necessarily incurred by the DBM in proper
performance of the Work, including direct labor costs, subcontract costs, costs of materials and
equipment incorporated in the completed construction, costs of other materials and equipment, the
Design Fee, materials testing, and warranty of the work together with self-performed work that the
DBM established in the Subcontractor Selection Plan. The Cost of Work does not include the DBM's
Indirect Costs.
"Critical Path Method” - is a schedule in the form of precedents, networks and time sequences. The
critical path method is a project management planning and control technique implemented on
computers. The critical path is the series of activities and tasks in the Project that have no built-in
slack time. Any task in the critical path that takes longer than expected will lengthen the total time of
the Project.
“Day(s)” - mean calendar days unless otherwise specifically noted in the Contract Documents.
“Delay" - means an unanticipated event or interference with the progress of a critical path work activity
being performed at the time that causes the completion date of the project to be extended. Delays may
be caused by the City, the DBM, third parties or Force Majeure events. Delays may be excusable,
compensable, non-compensable or concurrent.
“Delay. Compensable" - means delay that results from the City’s actions or inactions that entitle the
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DBM to both a time extension and deiay damages.
“Delay, Concurrent” - means 2 or more delays, within the same timeframe, both of which would
independently impact the Project's critical path. If one delay is caused by the City and the other by
the DBM, the DBM will generally be entitled to an excusable, non-compensable time extension, to the
degree the delays may "overlap.”
“Delay, Excusable” - means an unforeseeable delay caused by an event beyond the control and
without the fault or negligence of the DBM (including its suppliers and subcontractors). Excusable
delays may be compensable or non-compensable, depending upon whether the terms of the contract
or the law allows recovery of delay costs. Unless otherwise shown, it will generally be presumed that
these delays are non-compensable.
“Delay, Non-Excusable" - means a delay within the control of the DBM, its suppliers and
subcontractors, or a delay resulting from a risk taken by the DBM under the terms of the Contract. The
DBM will not be due any time extension or delay damages, and may be responsible for paying to the
City, actual or liquidated damages for the delay.
“Deliverables” - means the work products prepared by the CMAR in performing the Scope of Work
described in Exhibit A of this Contract or required by the Project Team.. Some of the major
deliverables to be prepared and provided by the DBM during the design phase may include, but are
not limited to: Construction Management Plan, Project Schedule, Schedule of Values, alternative
system evaluations, procurement strategies and plans, cost estimates, construction market surveys,
cash flow projections, GMP Proposals, Subcontractor procurement plan, Subcontractor contracts.
Subcontractor bid packages. Supplier agreements, and others as indicated in this Contract or required
by the Project Team.
“Design Build” - means a project delivery method as defined in A.R.S. §34-101, as amended,
“Design Fee" - means the amount paid to DBM for the production of complete construction
documents and specifications approved and permitted by the City of Scottsdale and may include
' DBM’S administrative costs, home office overhead and profit, whether at the DBM’s principal or branch
offices for the design phase. This includes the administrative costs and home office costs and any
limitations or exclusions that may be included in the General Conditions for the design phase.
“Design Services" - as used in this Contract is defined in A.R.S. §34-101, as amended.
“DBM’s Representative" - means the person designated in Article 7.3.2.
“DBM'S Senior Representative” - means the person designated in Articie 7.3.2.
“Design Phase Services” - means all professional services to be performed or procured by the DBM
to provide the required Project design under the Contract Documents.
“Differing Site Conditions” comply with M.A.G. Standard Specifications Subsection 102.4.
“Drawings" or “Plans" - Documents which visually represent the scope, extent, and character of the
Work to be furnished and performed by the DMB during the construction phase and which have been
prepared and/or approved by the Project Team and the City. Drawings include documents that have
reached a sufficient stage of completion and released by the DBM solely for the purposes of review
or use in performing constructability or biddability reviews and in preparing cost estimates (e.g.
conceptuai design Drawings, preliminary design Drawings, detailed design Drawings at 30%, 60%,
90% or 100%), but “not for construction”. Drawings do not include shop drawings.
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“Effective Date" - The date specified in this Contract on which the Contract becomes effective, but if
no date is specified, the date on which the City executes this Contract.
“Field Order" - means a written field directive prepared by the City, directing a change in Work that
does not include an adjustment in the Contract Price, GMP Proposal or Contract Time which would
otherwise require a Change Order.
“Final Acceptance” - means the completion of all the Work as prescribed in Article 6.3.9.
"Financial Services" - as used in this Contract is defined in A.R.S. §34-101, as amended.
"General Conditions Costs” - are negotiated indirect costs of the Work necessarily incurred by the
DBM including but not limited to the following types of costs: (i) payroll costs for project manager or
construction manager but not both for Work conducted at the site; (ii) payroll costs for the
superintendent and full-time general foremen; (iii) payroll costs for other management personnel
resident and working on the site; (iv) workers not included as direct labor costs engaged in support (e.g.
loading/unloading, clean-up, etc.); (v) administrative office personnel; (vi) costs of offices and
temporary facilities including office materials, office supplies, office equipment, minor expenses; (vii)
utilities, fuel, sanitary facilities and telephone services at the site; (viii) costs Of consultants not in direct
employ of the DBM or Subcontractors, fees for permits and licenses, and some administrative
personnel who may work at the home office. Charges for some home office administrative personnel
may be included in General Conditions if agreed upon by both DBM and City.
“GMP Plans and Specifications” - means the plans and specifications upon which the Guaranteed
Maximum Price Proposal is based.
“Guaranteed Maximum Price" or “GMP" - is the rhaximum cost for the Work. The DBM agrees to
construct the Project for this amount or less. Costs which would cause the GMP to be exceeded shall
be paid by the DBM without reimbursement by the City.
“Guaranteed Maximum Price (GMP) Proposal" - is the Offer or proposal of the DBM submitted on the
prescribed form stating the total itemized dollar amount negotiated between the City and DBM for
constructing the Project or portions of the Work to be performed during the construction phase or
portions of the Work to be performed throughout all phases.
"Hazardous substance" means:
(a)
Any substance designated pursuant to sections 311 (b)(2)(A) and 307(a) oHhe clean vvater act.
(b)
Any element, compound, mixture, solution or substance designated pursuant to section 102
ofCERCLA.
(c)
Any hazardous waste having the characteristics identified under or listed pursuant to section
49-922.
(d)
Any hazardous air pollutant listed under section 112 of the federal clean air act (42 United
States Code section 7412).
(e)
Any imminently hazardous chemical substance or mixture with respect to which the
administrator has taken action pursuant to section 7 of the federal toxic substances control act (15
United States Code section 2606).
(f)
Any substance which the director, by rule, either designates as a hazardous substance
following the designation of the substance by the administrator under the authority described in
subdivisions (a) through (e) of this paragraph or designates as a hazardous substance on the basis
of a determination that such substance represents an imminent and substantial endangerment to
public health.
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“Horizontal Construction" - as used in this Contract is defined in A.R.S. §34-101, as amended.
"Indirect Costs" - means costs associated with the Work that cannot be directly attributed to labor,
materials, or equipment, and includes the costs for General Conditions, Payment and Performance
Bonds, Insurance, the Construction Fee and Taxes.
“Informational Submittals" - Submittals are required (common with construction projects) for the
architect and engineer to verify that the correct products and quantities will be installed on a project.
“Legal Requirements" - means all applicable federal, state and local laws, codes, ordinances, rules,
regulations, orders and decrees of any government or quasi-governmental entity having jurisdiction
over the Project or Site, the practices involved in the Project or Site, or any Work.
“Liquidated Damages” - means an amount the DBM will pay as required in Article 3.3.
“Maintenance Services" - as used in this Contract is defined in A.R.S. §34-101, as amended.
"Must", “will", and “shall" as used in this Contract are mandatory.
“Notice-to-Proceed" or “NTP” - means a written notice given by the City to the DBM fixing the date on
which the DBM will commence performance of the DBM’s obligations under this Contract.
“Operations Services" - as used in this Contract is defined in A.R.S. §34-101, as amended.
"Owner Agent." “City’s Agent" or “Owner Representative" see “City’s Senior Representative.”
"Payment Request" - means a form that is accepted by the City and used by the DBM in requesting
progress payments or final payment and which will include any supporting documentation as is
required by the Contract Documents or the City, and is based on a monthly estimate of the dollar
value of the Work completed.
"Preconstruction Contract" - means that certain agreement entered into by the City and the DBM to
cover Preconstruction and Design Services.
“Preconstruction Services" or "Preconstruction Phase Services" - means services and other activities
during the design phase, as defined in A.R.S. §34-101 as amended. It will include the following
services: all Design Services, project scheduling, appraisal of grading, drainage, street lighting and
landscaping, installation of water and sewer lines to the boundaries of the building envelopes,
construction of streets within the boundaries of the Site, and installation of conduit for placement of
“dry utilities" to the boundaries of the building envelopes, evaluation of costs and benefits of alternative
systems and distribution approaches; recommendations for efficiency and cost effectiveness; and
resolution of constructability problems; GMP preparation; and Subcontractor bid phase services.
“Product Data" - means illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the DBM to illustrate materials or equipment
for some portion of the Work.
"Professional Certification” - Professional certification is a designation which indicates that a person
is qualified to perform a job or task. Professional certification can be trade certification or professional
designation.
“Project" - means the Work to be completed in the execution of this Contract as described in the
Recitals above and in Exhibit A attached.
“Project Record Documents” - means the documents created pursuant to Article 1.9.
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"Project Record Drawing Prints" - Set of current design drawings used by construction contractor for
reference during construction. These drawings are typically marked up during the construction process
and are used to develop the subsequent As-Built Documents.
“Project Schedule" - means a schedule as prescribed in Article 3.4.
"Project Team" - Consists of the DBM, the Contract Administrator, the City’s representatives and
other stakeholders who are responsible for making decisions regarding the Project.
“Punch List” - means those minor items of Work to be completed before Final Acceptance, which do
not prevent the Project from being used for the purpose for which it is intended and which will not
prevent the issuance of a Certificate of Occupancy.
“Samples" - means physical examples that illustrate materials, equipment, or workmanship
representative of a part of the Work and which establish the standards by which that portion of the
Work will be judged.
"Savings” - means the difference between the Guaranteed Maximum Price and the Final Cost of the
Work (including the Construction Fee). One Hundred Percent (100%) of savings will accrue to the City,
unless othenwise agreed in the GMP Proposal.
“Schedule of Values (SOV)” - means the Document specified in the construction phase, which divides
the Contract Price into pay items, so that the sum of all pay items equals the Contract Price for the
construction phase Work, or for any portion of the Work having a separate specified Contract Price.
The SOV may or may not be output from the Progress Schedule depending on whether the Progress
Schedule is cost-loaded or not.
“Shop Drawings” - mean drawings, diagrams, schedules and other data specially prepared for the
Work by the DBM, subcontractor, manufacturer, supplier or distributor to illustrate some portion of the
Work.
“Site" - means the land or premises on which the Project is located. The DBM will include in its
contract with subcontractors the street or physical address of the construction site.
“Specifications” - means those sections of the Contract Documents for the construction phase
consisting of written technical descriptions of materials, equipment, construction systems, standards
and workmanship as applied to the Work and certain applicable administrative details.
“Subcontractor” or “Subconsultant" - means a person or firm having a direct contract with the DBM or
any other person or firm having a contract with the DBM at any tier, who undertake to perform a part
of the Work for which the DBM is responsible. All Subcontractors, Subconsultants and Suppliers must
be selected in accordance with the subcontractor and major supplier selection provisions of the
Preconstruction Contract.
“Substantial Completion" - means when the Work, or when an agreed upon portion of the Work, is
sufficiently complete so that the City can occupy and use the Project or a portion of it for its intended
purposes. This may include, but is not limited to: (i) approval by the City Fire Marshall and local
authorities (Certificate of Occupancy); (ii) issuance of elevator permit; (iii) demonstration to the City that
all systems are in place, functional, and displayed to the City or its representative;
(iv) installation of all materials and equipment; (v) the City review and acceptance of all systems;
(vi) the City review and acceptance of draft O&M manuals and record documents; (vii) the City
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operation and maintenance training is completed; (viii) HVAC test and balance completed (provide a
minimum 30 days before projected substantial completion): (ix) completion of Punch List items; (x)
completed landscaping and site work; and (xi) final cleaning.
"Supplier'’ - means a manufacturer, fabricator, supplier, distributor, material man or vendor having a
direct contract with the DBM or any Subcontractor or Subconsultant to furnish materials or equipment
to be incorporated in the Work by the DBM or any Subcontractor or Subconsultant.
“Work” means the entire completed Project or the various separately identifiable parts of the Project,
required to be furnished in accordance with the Contract Documents and as described in Exhibit A
attached. Work includes and is the result of performing or furnishing labor and furnishing and
incorporating materials, resources and equipment into the Project, and performing or furnishing
sen/ices and documents as required by the Contract Documents.
[END OF TEXT- SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.
CITY OF SCOTTSDALE.
an Arizona municipal corporation
By-
Lisa Borowsky, Mayor
ATTEST:
Ben Lane, City Clerk
REVIEWED BY:
Nathan Crowell
City Contract Administrator
_____________
fnn mersMPk cPPO, NIGP-CPP, CPPB
Purchasing I^ector
Ml
Alison Tymkiw, Senipr Director - City Engineer
CONTRACTOR:
Willmeng Construction, Inc.,
an Arizona corporation
By:• ‘TAiT
Nanfe:
Title:
George Woods, Safety & Risk Management Director
APPROVED AS TO FORM:
Luis E. Santaella, City Attorney
By: Lydia Tulin, Assistant City Attorney
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EXHIBIT A
PROJECT DESCRIPTION
For the Scope of Work anticipated under this Contract for the Project, refer to Contractor’s proposal
dated June 9,2026, attached to this Contract as Exhibit C and incorporated herein by this reference.
I
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EXHIBIT B
PRECONSTRUCTION CONTRACT
PRECONSTRUCTION PHASE SERVICES CONTRACT
2025-025-COS
IS ON FILE AT THE SCOTTSDALE CITY CLERK’S OFFICE
AND CAN BE FOUND AT THE BELOW LINK:
https://eservices.scottsdaleaz.gov/cityclerk/documentsearch
11218298V9
Project Name: NE Quadrant Parking
Structure
Page 1 of 1
Project No: PD2503
:~X
Exhibit C, 2026-119-COS, Page 1 of 30
i V
t
City of
Scottsdale
NE Quadrant Parking Structure
1
June 09,2026
1
CONSTRUCTION GMP
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wiiimeng
AZ ROC B-Ol 082904 | AZ ROC A 323741 \ 480-968-4755 | willmeng.com
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Exhibit C, 2026-119-COS, Page 2 of 30
TABLE OF
CONTENTS
#i^-
Qj_ Pricing Summary
Q2 Detailed Estimate Summary
Q4 Design Document Drawing Log
Q5 Project Schedule
Q0 Site Logistics
Page 04
Page 06-12
Q3 Scope of Work, Clarifications, & Exclusions Page 14-17
Page 19-22
Page 24-26
Page 28-29
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Exhibit C, 202fi^1%.COS, Page 3 of 30^^
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SUMMARY
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Exhibit C. 2026-119-COS. Page 4 of 30
Scottsdale NEQ Parking Structure
GMP Summary
A
COST OF THE WORK - DIRECT COSTS
Sub-Contractors' Cost of the Work (Labor, Materials, Equipment,
Warranty, Insurance, Profit)
B DBM Cost of the Work (Labor, Materials, Equipment, Warranty)
C Total Cost of the Work (A+B)
INDIRECT COSTS
D General Conditions
E Total Cost of the Work + General Conditions Fee (C+D)
F DBM Construction Fee
Q Payment and Performance Bonds (On E. Total Cost of Work +
General Conditions Fee)
Insurance (Additional DBM’s Insurance not provided in the Total
Cost of the Work)
I Subtotal Direct + Indirect Costs (E+F+G+H)
J Taxes (Actual Reimbursable limited by Not to Exceed)
K Project Subtotal (l+J)
L City’s Project Contingency (As determined by the City)
M iTOTALGMP
AMOUNT
$9,354,076.61
$1,139,036.78
$10,493,113.39
AMOUNT
$309,147.05
$10,802,260.44
$938,152.26
$83,312.58
$211,582.71
$12,035,307.99
$629,747.49
$12,665,055.48
$242,866.07
J ; $12,907,921.55
^
wiiimeng
AZ ROC B-01 082904
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Exhibit C, 2026>119-COS, Page 5 of 30
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Detailed Estimate4
Summary
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Exhibit C, 2026-119-COS, Page 6 of 30
Pre-CD Budget - COST SUMMARY
Scottsdalt NEQ Garage
tocMon:
6th Avsnus *n<J E. Stetson Dr., Scottsdale . A2
AfoiMcc
Arrington Watkins Architects
bt dm;
9-Jun-2E
Gross Area:
81,944 sf
Pricing Is based upon (0% Prellmlneiy Plans datecl OSn^rSOM at (Mepared by
Arrington Wetkln*.
Division
C.S.I
Onscrlption
Bid
DIv. Subtotal
Design 4 engineering
01 31 00 00 Design & Engineorlng
Division - Total;
Vnder ConirncJ
273,000.00
S/SF of
Gross Area:
3.33
Notes
01 31 01 00
CMI. SWPP. Landscape. Structural. Me^nical. Plumbing
& Qectrtcai Oeslgn/Englneering
LIntfer Pnor Contmet
Archlioctural. Interior. CtviJ. SWPP, Landscape, Structural. Mechanical, Plumbing & Electrical
Dosign/Englneerlng
01310010 Design Team CA
260,000.00
3.27 CortstrucUon Administration for Design Team
01 45 23 00
01 30 12 00
Site Plan Review Fees. Special Inspection. Alta Survey.
Soils RpL & Phase l Enviroomento!
Reimbursabloi, Plons/Specs.
By Owner
5,000.00
0.06 Includes - pian & specHIcation reproduction.
01 40 PermltsfDevelop. Feesyutillty Compan
014126 10 Plan Review & Permit Fees
01 41 26 20 Building Permit
Division - Total:
By Owner
25.055.00
0.31
01 18 13 01 Sewer/Water Tap & Dev. Foes, Devefopmoni Fee
By Owner
01 41 26 31 Offsite Permit 4 Right-Of-Way Use Permit
By Owner
15,000.00
01 18 13 02
IntemeL Gas Company: Charges. CoM 4
Fees
By Owner
01 18 13 05
01 41 28 32
Offsite Subcontractor Parking
NESHAP Demo 4 Abatement PermH
10,055.00
S ind W Site UtliHles
0.18 Includes - permit for work being completed m 6th Avo.
AH costs for APS, design and fees are not included.
0.12 Indudes - Leasing of ofWte parking location and Onat cleaning.
01 74 13 00 General Clean-Up
01 74 23 00 Construction Rough And Final Clean
12.124.00
4.954.13
01 74 25 00
Building. Site, Interior, Exterior • Rework Damage 4 Clean
Up
Excluded
02 21 ro 00 Construction Reid Staking
02 21 00 05 VOC-Drone/380Survey
6.584.45
Excluded
02 32 00 00
Materials Testing
02 41 16 00
Special Inspections
Alternate Price
By Owner
0.1S Cleanup throughout construction to maintain a dean & safe workplace.
0.06
includes - ftnai cleaning poor to completion ot cortstruction and turnover. Also indudes final
dean (pressure wash) of site concrete network areas.
EXCLUDES: Repairs, elaanup or facade Irr^revements to adjacent neighboring tenants.
Indudes - Site Controls, QA/QC data, stake bulding arxl site, bluetops and utilities.
Alternate Price - Testing sub soils, concrete. ABC, mortar and grouting.
CONFIOENTtAUPROPRIETARY
EXHIBIT 'A'
vwinwne Cemtrueaon. Inc.
OataSrSOOSS
Pag* 1 of 7
6 of 30
wiiimeng
A^ffOco-oiCKir^
Exhibit C, 2026-119-COS, Page 7 of 30
Pre-CD Budget - COST SUMMARY
Scottsdale NEQ Garage
U€Mx-. 6th Avenue and E. Stetson Dr., Scottsdale , AZ
aicmikg
Arrington Watkins Architects
btOMi:
3^un-26
Gross Area;
81,944 sf
Pricing la based upon 40% Preliminary Plans datad 06/1612024 as prsparad by
Arrington Watkins,
Oivition
Earthwork
32 00 Cxtenor [mprovomont*
C.SJ
31 10 01 01
Doserlption
SHo Demolition
31 10 01 00 Earthwork
31 10 01 05 VOC - Drone / Cut & m Analysis
31 31 00 00 Termite Pretreet
31 00 51 30 Excess Spofl Haul Off
31 12 10 00 Underi^und Obstructiorks
31 25 00 00
SWPP Plan & Implementation
31 40 00 00 Shoring and Underpinning
32 12 00 00
Asphalt Paving
32 17 00 00
Strtpino, Symbots & Signs
■
Divia
Notes
S/SF of
Div. Subtotal
Gross Area:
. Total
414 042.84
47,013.05
037
222.894.66
2.72
indudes - Removal of atprtali pavinQ. sMewaiks, curb and guner on 6th Ave only pn^peny Ima
to property line, curb end gutter to remain on Stetson Dr. p^ng tot / street tights, traffic
signage at existing parking lots, N. Wefls Fargo Ave. and Canter Point oleyway(s), ana entire
section 6th Ave. (to the extents of the properly tines).
EXCLUDES: Removal of any unknown uixlerground obstructions and any asphalt or curb
ranvovai along Stetson Drive and South Parking Let
4,600.00
Indudas • Mobillsatiork aryl subgrada preparation and. grading construction water.
EXCLUDES: IMsuHable soBs. hard dig, reck excavatloo, and Ilme/eemerTt stsbIKzatlon.
3.560.62
0.06 Indudas • Drone gredtng progress, cut £ f)6 quantity and stockpBe quantifleatiwi.
35.000.00
0.04 inebJdas • Pretraat at Stair and Elevator areas only
0.43 Indudas • Haul off of excess spoRs generated by concrete end site utiSty subcontredors.
Exduded
101.673.19
Excluded
1.24
Indudes - SWPP plan irnplemeniation. tnlat protection, dust conbol meesores. signage. SWPP
inspections (IndudinQ Rein Events), grevel stabMred construction entrance / track out and
SWPP maintenance.
Also indudes water meter & badcHow connection from the neerest fire hydrant water bil. v«ter
hoses/piping and street swaaping.
Division • Total:
246.603.18
551,895.62
33.866.00
IS
3.03
Includes - 4- AC on 6" ABC at Wells Fargo Ava. aHeyway, Center Ptaza East alleyway and 6"
AC on 12** ABC repaving at 6th Ava. (to the extant of the property lines) end, misc. patch
pavirfg, Also indudes (4) utility ed]ustments end barricades, traffic and pedestrian control
EXCLUDES; South Parking lot
NOTE: Paving pnea is based upon CURREKTT FUEL PRICES and may need to be adjusted at
time of contract or buyout.
0.41
includes • Parking garage single perking sloli striping, crosshaiching. dtrectional arrows.
handicap striping symbols & posts including (7) parking bumpers at Wells Fargo oReywey. Are
lane curb and signs. Also Includes single stoB strtping and canter median striping In 6lh Ave (to
the extent of the property Bnes)
EXCLUDES: Street signage, re<ctrlplng at Stetson Drive, South Parking lot traffic
nsitzatlon, stencil parking, traffic signs and thermoplastic striping.
COISIFIOENTIAL/PROPRIETARY
EXHisrr^A*
WMnwfia CMwtmcSoA, inc.
pawsmzose
7 of 30
wiwmenfl
Exhibit C, 2026-119-COS, Page 8 of 30
A:RCCt>-31
Pre-CD Budget - COST SUMMARY
PfoHcc
Scottsdale NEQ Garage
6th Avenue and E Stetson Dr., Scottsdale , AZ
AfcMiKt Arrington Watkins Architects
etL Data;
9-Jun-26
32 60 00 00 Undscaps & Irrigation
32 60 00 05 Landscapo Traof & Gram
32 13 00 00
Vartical Curb & Guttar, Slngla Curb
32 1303X
Offslta Conerata & Oriva Enlrytcaa
32 13 03 05 Londscapt Ptantars and Benchas
33 05 04 00 Potnola Sarvtcas
33 10 00 00
Slta UtiHtm
33 30 00 00 Sanitary Sawar
33 51 13 00 Ga* Una Traneftlng
33 40 00 00 Sterrrnwatar UtflKiaa
33 46 23 00 Ratamion Syatam
03 00 10 00
Building Conerata
03 4800 00
Pracast Conerata
Gross Area:
81.944 sf
Pricing is basad upon 60% Pralirbinary Plana datad 06/16/2026 at praparad by
Arrington Watkina.
c.s.t
Daaenplian
I
5/SPof
Nates
DIv. Subtotal
50,370^
0.61
Indudas • Landscapa plantars i«1th plantar sols, plants and Irrigation drip lines. Traes and
shrubs including Irrigotlan Hnas along E. Statson Dr. and E 6th Avo. Also Incudoi (4) - haovy-
duty staal traa gratas along Statson Ava. only and In ground accam lighting at both Station Aw
and 6th Ava.
6 incl W Land / Irrigation
199.460jr
2.43 Inetudas • Vertical curt and guitar. Hush curt dong 68i Ava to the axtants of the propany ttnas.
6indWCurt6Gutlar
19,575.00
0Z4
Indudas - Onva antrancas at Statson Dr. and 6th Ava. alayway antrancas biduding 6th Ava
periling garage antninca and sidawaBi raplacamani (cemblnailon standard gray and exposed
sggragata) along E Statson Dr. and 6m Ava. Curb and gutter to remain on Station Dr. Also
Indudas axtoriof ramp and stain from north stair tower to E Statson Ava. sldawaik due to grade
change. Also Indudos transformer yard pad.
EXCLUDES; Trmah anefosura footings / pad.
Honed masonry Integral colorad plantars, concroia benches with wood tops.
5,000.00
87.875.23
0.06
1.07
Indudas > Additlonat pothoHng site prior to site utility and foundation work.
indudas - (100 lO - 6“ DIP firallne with connection from 6th ava. and fire nsar. Watar Ima
connection and backflow tor landscape and hose bibs in garage.
EXCLUDES - Alt axisHng inoperable valves, removal and raplacamant Any new fire
hydrants and repair, raplacamant or ratocatlon of existing ACP piping.
Excluded
Excluded
No sanitary i
)rk Is antidpatad with this project.
4.500.00
No gas fine trenching is anticipBtad wHh Ms project
Indudas • Connection to existing storm Mat eonnaction tn 8th Ava. with pvc piping from
0.05 proposed Barracuda S6 (or aquaO separator.
126.500.00
1.57 indudas - Barracuda S6 (or aguaf) saparator with manhola for on site storm ratantton
raquiramants.___________________________________________________________
1.226.162J2
14.96
Indudas - Caissons, footings. CIP retaining walls par plans, r slab on grade on 4” ABC. 3.2S*
topping slabs on precast decking, mrwrata fined pan stairs and landings, elavator pH, (20}ta. •
6“ bolanis. and snehor bolts / lavaUng plates (provtdad by Others). Also indudes standard
performance concrete mixes wfm a min. 20% fly ash to aWa In ASR mitigation, and ACI347
Class 6 finish on an axposad concrete surfaces.
EXCLUDES: Specific conerata euras. coatings, addldvas and dansMars.
3.064.377.93
37.40
Includes • CIP columns, double tees with decking, spandrels, high stem block com in the doubla
tees, form Hr>ar axtartor garage retaining walls at ground level only (north half of west elevation,
north elevation, north two thirds of the east aitvation). roof level ^ht pole anchor bolts / conduit,
and oincrata embeds (furnished by Others).
COWHOEMTIAUPROPRIETARY
EXHIBIT‘A*
WBifiana Cenxtnicaen. Ine.
0M»swaa2i
P«0tS»l7
8 of 30
wiiimenfl
A2 »0c o-c: cwrx>«
Pre-CD Budget - COST SUMMARY
mxMt:
Seottsdaf* NEQ Garage
6th Avanui and E. Stetson Dr., Scottsdale , AZ
teMiKt Arrington Watkins Architects
CscDMi;
90un-26
Gross Area:
81,944 sf
Exhibit C, 2026-119-COS, Page 9 of 30
Phelng \% bM»d upon Pr*tlmin«ry Plans datsd Oft/1 S/202S ss pfspsrsd by
Arrlnoton Wstkins.
Division
C.S.I
Doscription
Did
04 00
05 00
06 00 Woods, PUstics ft Composites
07 00 Thermo! ft Voistur* Protection
08 00 Openings
09 00 r
04 00 10 00
Building Mssoniy
Division • TotJl.
210,331.71
Oiv. Subtotal
S/SFor
Gross Area:
?10.3:i1.71
2.57
Notes
2.57
Includes - 8" honed masonry (l>stdetfl Integral color at elevator than end headftght want,
tldewalt ramp walls, and planters. 8' standard emu at electrical, storage. UDF. end elevBtor
marine room on 3rd level to be pointed.
EXCLUOeS • Trash encleaure*.
05 10 00 00 Structural Steel
279.551.40
3.41
Includes - fi* bolerds. pan stairs / landings. raBIngs, beams / roof decking at stair towers and
elevator shaft.
EXCLUOES - 4th lavtl carport canopies wHh solar.
OS 10 00 05 Structural Steel-Slak/Elevator Roof Structure
32 31 18 00
Metal Fencing / Gates
I 05 10 00 00 I Rough Carpentry
07 10 00 00 Waterproofing
07 18 00 00 Traffic Coatings
07 4213 00 ArchHeclural Facade Panels
07 50 00 00 Membrane Roofing
07 62 00 02
07 92 00 00
Cap Flashing & Parapet WaOs
Joint Sealants & Caultcing
08 11 00 00 Metal Doors & Frames
09 66 02 00
Floor Seirier
09 91 23 00
Painting
44,560.00
0.54
Tube steel columns, beams end metal decking at proposed stair tower and elevetor shaft roof
structure.
31,850.00
0.38
Includes - (1) pair metal gates s
ai proposed transformer yard.
3 TMaB with removable section at east atoywey
Division - Total:
3,500.00
0.04
I
3.500.00 I
T
0.04 lAOnwaAc# • for misc. In wal end facade blocking at metal composite panels.
J
Division - Total:
10.354.73
998.678.42
12.19
ExcMicted
0.13 Includes • Waterproofing alevator pit and proposed landscape planters.
850.686.68
10.38
Includes - Perforated metal panels at bulfoing fagade to be dipped back to structural embeds In
33,525.99
0.41
orecatt structuri.
14.755.00
89,153.71
0.18
1.09
Indudes - TPO roof membrane wrth rtgid insulitlon over cover board at stair towers and alevator
shaft roofs.
EXCLUDES - Gutter, dewnapouta and copings.
Indudes - Prattnishad alumlrtum flashing and capping at stair and elevator tower roof
gerimeter^^
■nclum - Cwihlng «■ dlsiknlltr mst«Kls.
Division - Total:
26.307.75
26,307.75
0.32
0.32
Includes - (S)e8. - 3070 HM door, frame end hardware at Storage. MOF. Fire Riser and 3rd lavel
Bov. Machine room(s) and {1)palr - 6070 HM door, framo. and hardware at SES room.
EXCLUDES - Doors, frames and hardware at stair towers.
Excluded
106,664.19
1.30
None anticipated in wim this project
Indudes - Pointing doors & frames, stair landlngs/axposed matal. nsert and ralmgs, boBards,
Intarior precast columns, tees, underside of deck and power vrash exterior at completion of
project____________________________________________________________________________
CONFIOENTIAUPROPRIETARY
EXHIBIT'A'
wsimtna Cemcruettan. tnc.
Oal»«/W202S
Psee4»f7
9 Of 30
wiiimeng
AZ JJ-01
Exhibit C. 2026-119-COS, Page 10 of 30
Pre-CD Budget - COST SUMMARY
Scottsda}0 NEQ Garage
6th Avenue and E. SteUon Dr., Scottsdale , AZ
Arrington Watkins Architects
e>t.DMi:
».Jun-26
Gross Area:
81.944 sf
Pricing la baled upon C0% Preliminary Plana dated 0&/1S/202t ai prepared by
Arrington WatRIno.
Division
10 00
11 00 Cqaipnn-rit
12 00 Furnishin(5»
14 00 Conveying Sy»t«mt
Fir* Suppoiilon
22 00 Plumbiny
23 00
1
DMcnptton
1014 00 00 Interiof & Exttrtor Sfgnag*
10 44 01 00 Knox Box
10 44 00 00 Rr* Exlingulshprs
i 11 12 00 00 |V*hlcl* GPfaqo Equipment
12 93 13 00 Bike Recks
12 10 00 00 Art Feeture
I 14 20 WOO lElevtofs
21 10 00 00 Fire FrelocUpn System
22 01 10 00
PtumWng System
23 OS 00 00 HVAC System
02.681.50
V. Subtotal
fiQ,997.56
s/SFor
Gross Area:
1.10
Notes
5.616.0e
1.700.00
1.01
Indudes > Code compSent signage, garage way finding signege and signage at fagade elevation
along 6th Ave.
0.07
0.02
Irtdudes - 0&)aa. - lOtb. WaB hung fire extinguishers.
Indudes • (2}es knox boxes st FACP and SES rooms.
Division - Total;
75,165.00
0.92
I
75,000.00 I
0.92 Ivehide counting system • total garage count at Olh Ave entrance only.
J
Division * Total:
1.503.30
1,503.30
0.02
Excluded
0.02 Includes - (1}6a. ground boiled loop bicyde rack.
EXCLUDES > City Public Art (Included outside of construction cost)
I
Division' Total;
i40.3oe.oo I
140,308.00
1.71
1.71 tlncludes - (1>es. 3.5001b. / 200FPM; MRL Traction efovsior with stainless ste^ csb finishes.
Division
234.054.19
2.66
Other) and hose vsives at upper dock.
EXCLUDES » Rf* pump and piesction system st Electric room.
Division'Total:
202.444.40
202,444.40
m
2.47
Indudoi - Dock drains w«h 12' PVC Piping & 6' branch piping lo dock drains. (2) hose
btt>s at each level. Barracuda system (or equ^ artd elevator sump pump vMth discharge piping
into storm.
Division - Total:
57.271.14
57,271.14
0.70
0.70
Indudes • (1)ea. - Bard Side WaD HP Unit with OSA Damper at elevator shah and (2)ea. -
1 .Ston and (1)ea. - .75ton spBl units at SES and fire riser rwm(s) induding exhaust fans.
EXCLUDES - Garage exhaust system.
COWFIOEFfTlAUPROPRIETARY
EXHIBIT ’A’
DMirsrzess
PaoeFefT
10 of 30
wmmBng
KHOCMIOBMOI
Exhibit C, 2026-119-COS, Page 11 of 30
Pre-CD Budget - COST SUMMARY
Scottsdale NEQ Garage
ukmm:
6th Avenue and E. Stetson Dr., Scottsdale , AZ
AioiiiKt:
Arrington Watkins Architects
btixM:
9^un-26
Pricing it battd upon S0% Prthminiry Plant dattd 05/1&202e at prapartd by
Arrington Watkins.
Gross Aros:
81a944 sf
D v. 0
C.S.f
Cr?cr?ptlcn
S/SFof
Wotr-s
Cross Ar«a:
26 05 00X
Eladdcal Panott. Poedort, Distribution & Fbduras
a
364.eS42B
26 11 XX
Sitat - Primary/Saeondary £ Talco ConduHt
57.e25.X
26 32 X 01 UPS Syctams
Excludiid
26 41 X X Ugntnlng Prolacilon
Excluded
26 51 X X Intarfor Lighting
352,626.40
26 51 X05 LEO Accent UghUngbahIndFagadaPanaia
ExcHidad
26 51X15 EV Charging Stations
165.0X.X
26 56 XX Trafnc SIgnallzatlon
Exdudad
26 56 19 X Streal Lighting
IncI Walacfrical
4.45
Indudat > Safa off for damo. (1}aa. • 400amp - 460/277v SES based upon v4th (l)aa. 225amp -
4X^77v and (1>aa. 225amp - 12(y208v panat>oafds with (l)aa. 75KvA step down transformar,
lighting with Bghting contiol panel, general distribution, provisions for future parking control
system, HVAC equipment. (S)Ba. dual port EV charging stations (wal mounted for 10 parkif>g
spaces) with eonduil pathways far an addition (1l)aa. additional dual charge stations (22
parking spaces) within IX of the eleetrlcsi room for future expansion. PV provisions not
included.
NOTE: above pndng Is based upon ^uminum busing tor SES J Penetboards and aluminum
windings lor transformers.
EXCLUDES-PV solar.
0.70
Includes • Assumed 901f of (6)ea. • 3“ primery conduits Including boring below Stetson from
existing switch cabinet on north side of Stetson directly across from proposed transformer yard
atthe NE comer of the project sHe. OOlf of (2}ea. - 4“ secortdary eondulta ar>d. ISOIfof (l)ea.
Communication conduK.
None anticipated In this project
None antidpeted in this project
4.x
Indudos • General garage lighting wtth controls including BOH rooms, (I4)ea. Wan packs and,
P)ea. Polo lights on Level 4. Also Includes (4)ea. City street light poles with mast arm and
single heed.
2.01
EXCLUDES > LED tape Ughtirtg to the backside of proposed metsi fscede panels.
Includes - (5)eB. Duel port EV charging stations (w«a mounted) for 10 perking spaces. Conduit
pathways tor en addition (ll)ea. additional dual charge stations (22 parking spaces) within 1X
of the electrical mom for future expansion.
None anlidpeted in this project
Indudes (4)ea. City street light poles with mast arm and single head. (2) at Stetson, (2) at 6th
eve
27 00 Teleco and Data
Division«Total
CONFIDENTIAUPROPRIETARY
EXHIBITS
WMmene CenvtrueseA. me.
DMSWZffce
P»0*sef7
11 Of 30
wiumeng
Exhibit C, 2026-119-COS, Page 12 of 30
AZBOctwnoicoiK
Pre-CD Budget - COST SUMMARY
Scottsdal* NEQ Garage
ucMMi; sth Avenue and E. Stetson Dr., Scottsdale , AZ
noma
Arrington WatKIns Architects
btOMc
90un-26
28 00 Security & Fifo Ootpction
34 41 Trarrie Signals
01 21 SpacialiOwner-Allowancaft
Gross Arts:
81,944 sf
Prleino it btttd upon S0% Prttimlnvy Plant dattd 06n6/202S at prtpartd by
Arrington WatMnt.
Crscrfctfon
28 13 00 00
28 31 00 00
Access Contfoi S CCTV Systems
Fire Life Safety Systems
Division • Total
44.681.28
Metea
SiSP of
D V. SuMota
Grots Area:
65212.35
0.60
20.531.07
0.S5
0J25
Allowance - Security Camerat with wtnng and (2) Emergency Blue’ ligftt (Mione*.
EXCLUDES - Access control and secufltv tyttems.
Indudes - Rre atarm panel Induding tf devtees. conduit and winng.
Division • Total
E.<ciurtcfij
None anticipatod in mis project
General Cenditions/Supervision
I J4 41 13 00 |Ti»ffic Slgnols
01 21 00 00 Plan Review Coniingency
01 21 16 00 Owner Co
Division • Total:
ExckHJotl
39,580.00
0.46
Exduelea
0121 17 00 Design Ptieso Add Scope • Rozonmg
01 21 18 00
Cost Escalation for potential Trade Tadfrt & Oil Impacts
39.560.00
0.48
Exduded
EXCLUDES: Any cost escalation for potantial trade tariffs and o6 impacts (product production,
shippmgfdeflvety) lo Oe enadad In 2026 or beyond.
See Add Attemate below. This add alternate is TBCT lo prompt a discussion on how this
mtlal risk win bo hanctied. Use of any other stated allowance or contingency to mitigate tMa
lal cost Impacted Is not expected or a
ed in this proposal.
Subtotal COST BREAKDOWN
Division • Total;
9.354,076.61
01 00 00 10
General Conditions
01 31 10 50
Supervision/Project Mai
309.147.05
896.170.71
1,205,317.76
14.71
3.77
10.94
01 21 17 00 CONTRACTOR'S CONTINGENCY (2.3%)
01 00 01 20 GENERAL UABILfTY INSURANCE
0100 01 30 BUILDERS RISK INSURANCE NON^MBUSTIBLE
0100 0140 DESIGN BUILD INSURANCE
01 00 01 60 PAYMENT t PERFORMANCE BOND
01 00 01 70 SALES TAX (SCOTTSDALE. AZ • 5^2325%)
01 X 01 60 CONTRACTOR'S OVERHEAD & PROFIT
PreCD BUDGET • TOTAL;
242.868.07
150.178.52
10.945.80
50,458.39
83,312.58
829.747.49
938,152.26
$12,665,055.48
$154.56
2.96
1.63
0.13
0.62
1.02
7.60
11.45
CONnDENTlAL/PROPRtETARY
EXHIBIT *A'
OatsMTSese
heee7ef7
12 Of 30
''fr
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03
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Exhibit C, 2026^119.008, Page 13 of 30♦
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♦ ♦
♦
♦ ♦
sow,c Id
<||s-
♦
caiion%
and Exclusions
a-
ii
♦♦
1
♦
wiiimeng
13 of 30
Exhibit C, 2026-119-COS, Page 14 of 30
City of Scottsdale
GMP Scope of Work | Clarifications | Exclusions
NEQ Parking Structure i issued: 06/09/26
_____________________________
1. PROJECT SUMMARY
Scope of Work
This Construction GMP has been developed for the construction of the following improvements per the 60%
Construction Documents - Permit Set dated March 25, 2025.
Site Demolition & Earthwork
Asphalt Paving, Striping, Symbols & Signs
Curb & Gutter / Offsite Concrete & Drive Entrances
Landscape, Irrigation & Site Furnishings
Site Utilities (Fireline, Stormwater Conveyance System)
Potholing & Construction Field Staking
Building Concrete (Caissons, Footings, CIP Walls, Slabs, Stairs)
Precast Concrete (Columns, Double Tees, Spandrels, Retaining Walls)
Masonry (Honed CMU at Elevator Shaft, Headlight Walls, Electrical & Storage Rooms)
Structural Steel (Bollards, Pan Stairs, Canopy Beams, Roof Decking, Stair/Elevator Roof Structure)
Metal Fencing & Gates
Architectural Fagade Panels (Perforated Metal)
Waterproofing (Elevator Pit & Landscape Planters)
Membrane Roofing (TPO at Stair Towers & Elevator Shaft)
Joint Sealants & Caulking
Metal Doors & Frames
Painting
Interior & Exterior Signage (Code Compliant, Wayfinding, Fagade Signage)
Fire Extinguishers & Knox Boxes
Vehicle Counting System (Base level total garage quantity only)
Elevator (1 ea. MRL Traction, 3,500 lb.)
Fire Suppression - NFPA 13 Wet Sprinkler System
Plumbing System (Deck Drains, Hose Bibs, Sump Pump)
HVAC (Elevator Shaft Split Unit, SES & Fire Riser Room Units)
Electrical (Panels, Feeders, Distribution, Interior & Street Lighting, EV Charging Stations)
Site Primary/Secondary & Telco Conduits
Security Cameras & Emergency Blue Light Phones (Allowance)
Fire Life Safety / Fire Alarm System
2. CONSTRUCTION DOCUMENTS
GMP Bidding was based on the 60% Construction Documents - Progress Set dated May 15, 2026, prepared by
Arrington Watkins and their consultant team.
List of Plans and Specifications
Document
Civil Improvement Plans
Architectural Plans
Structural Plans
Date & Preparer
Dated 05/15/26 — Dibble Engineering
Dated 05/15/26 — Arrington Watkins Architects
Dated 05/15/26 — Walker Consultants
14 of 30
Exhibit C. 2026-119-COS, Page 15 of 30
MP&E Plans
Landscape Plans
Geotechnical Report
Dated 05/15/26 — Walker Consultants
Dated 05/15/26 — Dig Studio
Dated 05/20/26 — UES
3. GMP SUMMARY
This GMP represents the cost associated with the full scope of construction for the new 4-level parking structure
in the Northeast Quadrant of Old Town Scottsdale, covering 10 months of construction.
Construction Cost
City Project Contingency
TOTAL GMP
Public Art Allowance
TOTAL GMP + Public Art
Project Duration
Construction Start
Final Completion
Contractor’s Contingency
City of Scottsdale Project
Contingency
$12,665,055.48
$242,866.07
$12,907,921,55
$126,929.18
$13,034,850.73
10 months
August 26, 2026
June 25,2027
2.3% applied to base construction subtotal (including
markups)
2.3% carried outside base construction cost; subject to
contractor markups
Note: Please see the attached Detailed Estimate Summary for the fuli detaii of costs.
4. GENERAL CLARIFICATIONS & ASSUMPTIONS
General Clarifications & Assumptions
Work Hours
Overtime Work
Construction Noise
Site Access
Design Stipulations
All work performed during normal hours: 6:00 AM - 3:30 PM. Monday through
Friday.
Overtime, night, and weekend work for subcontractors is excluded. If required,
Wilimeng will notify the City with estimated cost increase. Unapproved change
orders may result in a time extension with respective general conditions costs.
Standard work production is assumed to not be restricted by noise iimitations.
Wilimeng wiil work cooperatively with the City given the urban downtown setting.
Wilimeng will coordinate ingress/egress with adjacent tenants, traffic department,
parking operations, and city right-of-way per the Wilimeng Site Logistics Pian.
The Architect/Engineer shali revise ali construction documents in accordance with
comments received from the design review and pianning department. The
Contractor shail provide written notification to the City of any scope modifications
that result in a cost or schedule impact. No allowance has been included in the
Contract for cost increases arising from design review, building department review,
or any other City department review. In the event that such changes result in
additional costs, the project shall require either a value engineering effort or the
appropriation of additional funds by the Owner.
15 of 30
Exhibit C, 2026-119-COS, Page 16 of 30
3rd Party Electrical /
Utility Design
Permitting &
Inspections
Cost Escalation
Tariffs
Asphalt Paving Fuel
Price Adjustment
Precast Concrete
Traffic Control
Moratorium
Budget / Allowance
items
Electrical - Aluminum
Busing
EV Charging Stations
Third-party electrical, APS (design, equipment, gear or labor), and communications
design and instalialions are expected to be completed within the construction
sequencing window. Ali APS fees and design fees are by Owner. Schedule impacts
by others entitle Wilimeng to a time extension.
Aii scopes assume no restrictions from pemiitting delays or unavailability of
inspections. Plan Review & Permit Fees, Building Permit, and Special Inspections
are By Owner. Offsite Permit & ROW Use Permit allowance is included.
Subcontractors have priced based on the 12-month PPI moving average. Cost
escalation from trade tariffs or oil impacts in 2026 or beyond is exciuded. An Add
Aiternate for this potential risk wiil be provided as TBD’.
Tariffs are outside the contractor's controi and are treated as unforeseeable event
per contract terms.
Paving price is based on current fuel prices and may require adjustment at contract,
buyout, or field execution.
Scope includes CIP columns, double tees with ded<ing, spandrels, high-stem block-
outs, formiiner retaining walls at ground level only (north half of west elevation,
north elevation, north two-thirds of east elevation), roof level light pole anchor
bolts/conduit, and embeds furnished by others. Precaster responsible for all design,
engineering, and permitting. Provisions have been considered in the design for a
future horizontal expansion across 6'^ Avenue at levels 3 and 4.
Project is assumed to not be restricted by City traffic control moratoriums. ROW
utility tie-ins will require advance TCP submittal and advance notice to neighboring
stakeholders.
Written approval from the City is required prior to utilizing any budget or allowance
(email accepted). Contractor must provide justification and a Not-to-Exceed limit.
Payment based on an approved cost proposal or T&M per Section 15.2 of General
Conditions.
Electrical pricing is based on aluminum busing for SES/Panelboards and aluminum
windings for transformers. Copper pricing available as alternate upon request.
Includes (5) dual-port EV charging stations for 10 parking spaces with provisions for
(11) additional dual<harge stations (22 spaces).
5. EXCLUSIONS
Exclusions
Environmental
Permits & Fees
Inspections
Utility Fees
No environmental concerns are assumed on-site. Discovery, abatement, or removal
of hazardous materials (Asbestos, Mold, PCB, Radon. Petroleum Hydrocarbons,
etc.) is excluded. Removal, replacement, or repair of existing ACP piping is
excluded.
Plan Review & Permit Fees, Building Permit, SewerA/Vater Tap & Development
Fees, and all utility company charges are By Owner and excluded. NESHAP Demo
& Abatement Penriit included with Site Utilities.
All special inspections to be coordinated by Owner. Wilimeng will provide ample
notice of timing needs but is not responsible for schedule delays related to special
inspections. All fees to be paid by Owner.
All third-party utility fees (APS design, equipment, gear or labor), deposits,
design/connection fees, and deferred submittals are excluded and to be paid by
owner outside of this contract. Hydrant meter deposit, construction water, and
construction trailer use are included by contractor.
16 of 30
Exhibit C, 2026-119-COS, Page 17 of 30
Existing Utilities
Shoring & Underpinning
Landscaping
Low Voltage
Building, Site & Exterior
Rework / Damage
Cleanup
Traffic Coatings & Floor
Sealer
Sanitary Sewer
Gas Line Trenching
Site Utilities-Existing
Inoperable Valves
Trash Enclosures
4th Level Carport
Canopies with Solar
Striping - Stetson Drive,
Traffic SIgnalization &
Thermoplastic
Traffic Signals
HVAC - Garage Exhaust
System
PV Solar
LED Accent Lighting
Behind Facade Paneis
UPS Systems &
Lightning Protection
Access Control,
Security Systems &
Emergency Blue Light
Phone
Removal/relocalion of existing utilities not shown on plans is excluded.
Shoring and/or underpinning of existing building foundations is excluded. No current
need is anticipated.
Contract growing of landscape materials (on-site and off-site) is excluded.
Network switching, servers, security network equipment, and radio communications
are excluded. A parking count system allowance (basic space count at 6'*' Avenue
entrance only) is included.
Repairs, cleanup, or facade improvements to adjacent neighboring tenants are
excluded.
Deck traffic coatings and floor sealer are excluded.
No sanitary sewer work anticipated. Excluded.
No gas line trenching anticipated. Excluded.
Removal and replacement of existing inoperable valves and any new fire hydrants
are excluded.
Footings/pad and trash enclosure structure are excluded from project scope.
Excluded.
Street signage, re-striping of Stetson Drive, traffic signalizafion, stencil parking,
traffic signs, and thennoplastic striping are excluded.
Traffic Signals and Traffic Signage not anticipated. Excluded.
Garage exhaust system Is excluded.
PV solar is excluded from project scope.
LED tape lighting to the backside of metal facade panels is excluded.
Not anticipated. Excluded.
Access control and security systems beyond CCTV allowance are excluded.
Emergency Blue Light Phones are included as an allowance with Access Control &
CCTV.
6. SPECIAL ALLOWANCES
Access Controls & CCTV Allowance:
• Security Cameras with wiring and (2) Emergency "Blue” light phones.
City of Scottsdale Project Contingency:
• Carried separately outside of construction budget total. Does not include contractor markups.
City of Scottsdale 1% for Art:
• A Public Art Allowance of 1% carried separately outside the construction budget.
17 of 30
♦
Exhibit C, 2026-119-COS. Page 18 of 30♦
04
♦
♦
♦
♦ ♦
♦♦♦
♦
♦ ♦
♦ ♦
♦
♦
Design Docuitient^
Drawing Log ^
•i ii
♦♦
i
♦
wiiimeng
18 of 30
wiiiitienfl
Az 5CC 5-ai os2s:><
Willtneng Construction, Inc.
60% progress set (05/15/26)
Exhibit C, 2026-119-COS, Page 19 of 30
Printed on Wed Jun 3, 2026 at 10:10 am MST
Job #: 25-03-3933 PRECON Scottsdale NEQ Garage
7350 S Stetson Drive
Scottsdale. Arizona 85251
Drawing No.
Architectural
Al.l
Drawing Title
Revision
OVERAU SITE PLAN
0
Drawing Date
05/15/2026
Received Date
Set
60% progress set (05/15/26)
A1.2
ENLARGED SITE PLAN AND ELEVATIONS
0
05/15/2026
60% progress set (05ns/26)
A2.1
OVERAU PLAN . GROUND TIER
0
05/15/2026
60% progress sec (05a5/26)
A2.2
OVERAU PLAN - SECOND TIER
0
OSAS/2026
60% progress set (05A5/26)
A2.3
OVERAU PLAN - THIRD TIER
0
05/15/2026
60% progress set (05A5/26)
A2.4
OVERAU PLAN -TOP TIER
0
05A5/2026
60% progress set (OSAS/26)
A2.5
ENLARGED PLANS - NORTHWEST STAIRS AND ELEVATOR
0
05/15/2026
60% progress set (05/15/26)
A2.6
SECTIONS - NORTHWEST STAIRS
0
05AS/2026
60% progress set (05/15/26)
A2.7
SECTIONS - NORTHWEST STAIRS AND ELEVATOR
0
05/15/2026
60% progress set (05AS/26)
A2.8
ENLARGED PLANS - SOUTHEAST STAIRS
0
05AS/2026
60% progress set (05n5/26)
A2.9
SECTIONS - SOUTHEAST STAIRS
0
05/15/2026
60% progress set (05a5/26)
A3.1
OVERAU building SECTIONS
0
0Sa5/2026
60% progress set (05/15/26)
A3.2
WAU SECTIONS
0
OSAS/2026
60% progress set (05A5/26)
A3.3
WAU SECnONS
0
0S/1SA026
60% progress set {0505126)
A4.1
EXTERIOR ELEVATIONS
0
0S/1SA026
60% progress set (05ASA6)
A4.2
EXTERIOR ELEVATIONS
0
05/15/2026
60% progress set (05/15A6)
A4.3
3D AXONOMETRIC - OVERAU VIEWS
0
05ASA026
60% progress set (05ASA6)
A5.1
DOOR SCHEDULE & DOOR FRAME AND PANEL TYPES
0
05/1SA026
60% progress set (05/15A6)
AS.2
DOOR AND WINDOW FRAME PROFILES
0
05A5A026
60% progress set (05A5A6)
A9.2.1
DOOR AND WINDOW DETAILS -(201-2U)
0
05A5A026
60% progress set (0SA5A6)
A-9.8.1
C1.0
VERTICAL QRCULATION DETAILS -(801-812)
0
05/1SA026
COVER
0
05/15/2026
60% progress set {050506)
C V
60% progress set (05A5A6)
Cl.l
NOTES
0
05/1SA026
60% progress set (0SASA6)
C2.1
DEMOUTION PLAN
0
0SASA026
60% progress set (05/15A6)
C3.1
SITE PLAN
0
05A5A026
60% progress set (05/15A6)
C4.1
GRADING 6t DRAINAGE PLAN
0
05ASA026
60% progress set (05/1SA6)
C5.1
irnUTY PLAN
0
0SASA026
60% progress set (0S/15A6)
C6.1
Electrical
E0.01
CROSS SECTIONS & DETAILS
UGHT FIXTURE SCHEDULE GENERAL NOTES, SYMBOLS & ABBREVIATIONS
0
0
05ASA026
05AS/2026
60% progress set (0SA5A6)
60% progress set (0505/26)
El.Ol
GROUND TIER PLAN
0
05ASA026
60% progress set (0SA5A6)
E1.02
SECOND TIER PLAN
0
OS/15A026
60% progress set (05A5A6)
E1.03
THIRD TIER PLAN
0
0S/15A026
60% progress set (05A5A6)
E1.04
FOURTH TIER PLAN
0
05/15A026
60% progress set (05A5A6)
E4.01
ELECTRICAL ROOM PLAN
0
0SA5A026
60% progress set (05A5A6)
E4.02
ELECTRICAL enlarged STAIR A PLANS
0
0SASA026
60% progress set (05/15A6)
r<ig«l,r«
19 Of 30
wiiimeng
AZSCCS-aiDgSSy
Wiiimeng Construction, Inc.
Exhibit C, 2026-119-COS, Page 20 of 30
Printed on Wed Jun 3, 2026 at 10:10 am MST
Job #: 25-03-3933 PRECON Scottsdale NEQ Garage
7350 S Stetson Drive
Scottsdale, Arizona 85251
Drnwing No.
E4.03
Drnwing Title
Revision
ELECTRICAL ENLARGED STAIR B PLANS
0
Drawing Date
05nS/2026
Received Date
60% progress set (05A5/26)
E5.01
DETAILS
0
0SA5/202E
60% progress set (05/15/26)
E6.03
PANEL SCHEDULES
0
0SA5/2026
60% progress set (05/15/26)
E6.05
POWER ONE UNE DIAGRAM
0
05/15/2026
60% progress set (05/15/26)
LS1.01
GROUND TIER PHOTOMETRICS PLAN
0
05/15/2026
60% progress set (05/15/26)
LS1.02
SECOND TIER PHOTOMETRICS PLAN
0
05a5/2026
60% progress set (05n5/26)
ISI.03
THIRD TIER PHOTOMETRICS PLAN
0
05/15/2026
60% progress set (05/15/26)
L51.04
Fire Protection
FO.Ol
FOURTH TIER PHOTOMETRICS PLAN
general NOTES, SYMBOLS & ABBREVIATIONS
0
0
05/15/2026
05^5/2026
60% progress set (05/15/26)
60% progress set (05AS/26)
Fl.Ol
GROUND TIER PLAN
0
05A5/2026
60% progress set (05/15/26)
F1.02
SECOND TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
F1.03
THIRD TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
F1.04
FOURTH TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
F4.01
ENLARGED ROOM PLAN
0
05/15/2026
60% progress set (05/15/26)
66.01
General
G0.0
STANDPIPE RISER DIAGRAMS
general COVER SHEET
0
0
05/15/2026
05/15/2026
60% progress set (05/15/26)
60% progress set (05/15/26)
CO.l
GENERAL SHEET INDEX & VIQNITY MAP
0
05/15/2026
60% progress set (0Sa5/26)
G0.2
general project data, general notes, and ABBREVIATTDNS SHEET NUMBER:
0
05/15/2026
60% progress set (05/15/26)
G0.3
GENERAL DRAWING SYMBOLS & GRAPHICS
0
05/15/2026
60% progress set (05/15/26)
G1.1
GENERAL CODE DATA PLAN - GROUND TIER
0
05/15/2026
60% progress set (05/15/26)
G1.2
GENERAL CODE DATA PLAN - SECOND TIER
0
05A5/2026
60% progress set (05/15/26)
G1.3
general CODE DATA PLAN - THIRD TIER
0
05/15/2026
60% progress set (05/15/26)
G1.4
general CODE DATA PLAN -TOP TIER
0
05/15/2026
60% progress set (05A5/26)
G1.5
GENERAL EGRESS PLAN - GROUND TIER
0
05A5A026
60% progress set (0SA5A6)
G1.6
GENERAL EGRESS PLAN - SECOND TIER
0
0S/15A026
60% progress set (05A5A6)
G1.7
general EGRESS PLAN - THIRD TIER
0
05A5A026
60% progress set (05/15/26)
C1.8
Landscape
LMlOl
general egress plan -top TIER
MATERIALS PLAN
0
0
0SA5AO26
0SASA026
60% progress set (05ASA6)
60% progress set (05A5A6)
LPlOl
COVER SHEET
0
05A5A026
60% progress set (0SA5A6)
LP1012
PLANTING PLAN
I 0S/15A026
60% progress set (05A5A6)
LP1013
Mechanical
MO.Ol
PLANTING PLAN
MECHANICAL EQUIPMENT SCHEDULE, GENERAL NOTES, SYMBOLS & ABBREVIATIONS
0
0
0SASA026
05/1SA026
60% progress set (0SA5A6)
60% progress set (05ASA6)
M0.02
DETAILS
0
05A5A026
60% progress set (0SASA6)
Ml.Ol
GROUND TIER PLAN
0
05A5A026
60% progress set (05/15/26)
M1.02
SECOND TIER PLAN
0
05A5A026
60% progress set (0SA5A6)
M1.03
THIRD TIER PLAN
0
0SA5A026
60% progress set (0SA5A6)
Ml,04
FOURTH TIER PLAN
0
05/15A026
60% progress set (05A5A6)
M4.01
MECHANICAL ENLARGED ROOM PLANS
0
05/15/2026
60% progress set (05A5/26)
r.g.:.r«
20 Of 30
wiiinteng
A2r<cc2-oias23;“'
Willmeng Construaion, Inc.
Exhibit C, 2026-119-COS, Page 21 of 30
Printed on Wed Jun 3, 2026 at 10:10 am MST
Job #: 25-03-3933 PRECON Scottsdale NEQ Garage
7350 S Stetson Drive
Scottsdale. Arizona 85251
Orovving No.
P.trking Crophicr.
PG1.01
Drnwing Title
Revision
PARKING GRAPHICS GROUND TIER STRIPING PLAN
0
Drnv/ing Date Received D;it(
05A5/2026
60% progress set (OS/lS/26)
PG1.02
PARKING GRAPHICS SECOND TIER STRIPING PLAN
0
05A5/2026
60% progress set (05A5/26)
PG1.03
PARKING GRAPHICS THIRD TIER STRIPING PLAN
0
05AS/2026
60% progress set (05AS/26)
PG1.04
PARKING GRAPHICS TOP TIER STRIPING PLAN
0
05A5/2026
60% progress set (05n5/26)
PG2.01
PARKING GRAPHICS GROUND TIER SIGNAGE PLAN
0
05A5/2026
60% progress set (0SA5/26)
PG2.02
PARKING GRAPHICS SECOND TIER SIGNAGE PLAN
0
05A5/2026
60% progress set (05/15/26)
PG2.03
PARKING GRAPHICS THIRD TIER SIGNAGE PLAN
0
05AS/2026
60% progress set (05/15/26)
PG2.04
PARKING GRAPHICS TOP TIER SIGNAGE PLAN
0
05/15/2026
60% progress set (05/15/26)
PG5.01
PARKING GRAPHICS PAVEMENT MARKING DETAILS
0
05A5/2026
60% progress set (05/15/26)
PG6.01
PARKING GRAPHICS SIGN SCHEDULE AND DETAILS
0
05/15/2026
60% progress set (05/15/26)
PG7.01
Plumbing
P0.01
PARKING GRAPHICS SIGN MOUNTING DETAILS
GENERAL NOTES. SYMBOLS S, ABBREVIATIONS
0
0
05/15/2026
05/15/2026
60% progress set (05/15/26)
60% progress set (05/15/26)
P0.02
DETAILS
0
05/15/2026
60% progress set (05A5/26)
Pl.Ol
GROUND TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
P1.02
SECOND TIER PWN
0
05/15/2026
60% progress set (05/15/26)
(>1.03
THIRD TIER PLAN
0
0Sn5/2026
60% progress set (05/15/26)
P1.04
FOURTH TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
P6.01
STORM DRAIN RISER DIAGRAM
0
05/15/2026
60% progress set (05/15/26)
P6.02
Street Light
SU
COLO WATER RISER DIAGRAM
COVER SHEET
0
0
05/15/2026
05/15/2026
60% progress set (05/15/26)
60% progress set (05/15/26)
SL3
StructurnI
S0.01
DETAILS
STRUCTURAL STRUCTURAL GENERAL NOTES
0
0
05/15/2026
05/15/2026
60% progress set (05/15/26)
60% progress set (05/15/26)
50.02
STRUCTURAL STRUCTURAL GENERAL NOTES
0
05/15/2026
60% progress set (05/15/26)
51.00
STRUCTURAL FOUNDATION PLAN
0
05/15/2026
60% progress set (05/lSa6)
51.01
STRUCTURAL GROUND TIER PLAN
0
05/15a026
60% progress set (05/15/26)
S1.02
STRUCTURAL SECOND TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
S1.03
STRUCTURAL THIRD TIER PLAN
0
05/15/2026
60% progress set (05/15/26)
S1.04
STRUCTUR/LL TOP TIER PLAN
0
05^5/2026
60% progress set (05/15/26)
S2.01
STRUCTURAL SHEAR WAR ELEVATIONS
0
05a5/2026
60% progress set (05/15/26)
52.02
STRUCTURAL UGHT WAU ELEVATIONS
0
05^5/2026
60% progress set (0SA5/26)
S4.10
STRUCTURAL STAIR /kND ELEVATOR A ENLARGED PLANS
0
05^5/2026
60% progress set (05/15/26)
S4.ll
STRUCTURAL STAIR AND ELEVATOR A ENLARGED PLANS
0
05/15/2026
60% progress set (OSAS/26)
S4.20
STRUCTURAL STAIR B ENLARGED PLANS
0
05/15/2026
60% progress set (05/15/26)
S4.21
STRUCTURAL STAIR B ENLARGED PLANS
0
05/15/2026
60% progress set (05/15a6)
5430
STRUCTURAL STAIR AND ROOF DETAILS
0
05AS/2026
60% progress set (05nS/26)
54.31
STRUCTURAL STAIR AND ROOF DETAILS
0
0Sn5/20Z6
60% progress set (05AS/26)
S5.01
STRUCTURAL TYPICAL CONCRETE DETAILS
0
05/15/2026
60% progress set (05/15/26)
S5.02
STRUCTURAL TYPICAL DETAILS
0
05/15/2026
60% progress set (05/15/26)
N>«f4
21 of 30
wiiimeng
Exhibit C, 2026-119-COS, Page 22 of 30
Printed on Wed Jun 3. 2026 at 10:10 am MST
AZ =CC 5-010S22:--
Willmeng Construction, Inc.
Job #: 25-03-3933 PRECON Scottsdale NEQ Garage
7350 S Stetson Drive
Scottsdale, Arizona 85251
Drawing Title
Revision
S5.03
Sn^UCTURAL TYPICAL MASONRY DETAILS
Drav-fing Date
Received Date
0
05/15/2026
60% progress set (05/15/26)
S5.10
STRUCTURAL FOUNDATION DETAILS
0
05/15/2026
60% progress set (05a5/26)
S5.ll
STRUCTURAL FOUNDATION DETAILS
0
05/15/2026
60% progress set (05A5/26)
S5,20
STRUCTURAL PRECAST COLUMN DETAILS
0
0Sa5/2O26
60% progress set (05a5/26)
S5.30
STRUCTURAL PRECAST BEAM DETAILS
0
05A5/2026
60% progress set (05A5/26)
S5.31
STRUCTURAL PRECAST TEE DETAILS
0
05A5A026
60% progress set (05A5A6)
S5.32
STRUCTURAL PRECAST TEE DETAILS
0
05/15A026
60% progress set (0SA5A6)
SS.40
STRUCTURAL PRECAST SHEARWAU DETAILS
0
0SA5A026
60% progress set (05/15/26)
SS.41
STRUCTURAL PRECAST UGHT WAa DETAILS
0
05/1SA026
60% progress set (05A5A6)
S5.50
STRUCTURAL TYPICAL PRECAST CONNECTION DETAILS
0
05AS/20Z6
60% progress set (05/1SA6)
S5.70
STRUCTURAL WATERPROOFING AND EXPANSION JOINT DETAILS
0
05ASA026
60% progress set (05ASA6)
S6.50
STRUCTURAL LAP SPUCE SCHEDULES
0
05A5A026
60% progress set (05AS/26)
S6S1
STRUCTURAL LAP SPUCE SCHEDULES
0
05A5A026
60% progress set (05A5/26)
SL2
PHOTOMETRICS
0
05A5A026
60% progress set (05A5A6)
TC0*4«r4
22 of 30
yr
♦
05
♦
♦
Exhibit C, 2026-^119-COS, Page 23 of 30♦
♦
♦ ♦
♦♦♦
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♦ ♦
♦ ♦
♦
0 ec
♦
♦
♦
Schedule
♦
'V
ii
♦♦
i
*
♦
wmmeng
23 or 30
Exhibit C, 202C-119-COS. Pw 24 of 30
wsumeng
Scottsdale NEQ Parking Structure
CITYO^
#SC0nSDAIi
ID
TMkNa™
Duntion
sort
1
2
3
4
S
7
10
11
12
13
14
15
16
17
"ii^i
19 i
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Oty Of Scottsdale NEQ Paricing Gar^e
Construction
,
Move In/Site Exploration/Pre-Demo
CommunItY Outreach/Notlflcation
Relocate Existing Dumpsters/Trash Cans
Survev/Layout Extents
Set Up Perimeter Fence
Post Slgnage/Set Blue Screen
Set Up Site Office
Blue Stake Marking
Private Locator/Pothole Existing Utilities
Electrical Make Safe
Remove/Salvage Existing Signage
Remove/Salvage Existing Light Poles
Oemolish/Haul Off Asphalt Pavement
Remove/Haul Off light Pole Bases
Offsite Utilities
6th Avenue
Create And File TCP For Work In 6th Ave
6Th Ave TCP Review/Approval
Install New Domestic Water Service
Install New Fire Line/Backflow
Remove Pbtes/Patch Back 6th Ave
Relocate Existing APS Line Along 6th Ave
Stetson Drive
Create And File TCP For Work At Stetson Drive
Stetson TCP Review And Approval
Install New Electrical ServIccA-frmr Pad
Street Ught Modifications
Remove Plates/Patch Back At Stetson
Earthwork And Foundations
Sunrey/Layout For Structure
Scarify And Compact Soils
Layout For Geo-Piers
Geo-Pier Installation
Excavate For Footings/Grade Beams
Excavate For Elevator Pit
Grade Beam Reinforcing Steel Placement
Install Fire Riser
Prep And Pour Elevator Pit Floor
Set Electrical Stubs Into The Struaure
Form Elevator Pit Walls First Side
209daYS Wed~S/26/26
209 day5^_^ Wed 8/26/26^
26 days "" Wed 8/26/26
Sdays
3 days
3 days
3 days
2days
3 days
3 days
3days
3 days
3days
3 days
10 days
3 days
65 days
38 days
3 days
Sdays
10 days
10 days
4 days
IS days
27 days
3days
Sdays
15 days
10 days
4 days
35 days
2days
3 days
2 days
10 days
10 days
2 days
10 days
2 days
2 days
2 days
2 days
Wed 8/26/26
Thu 8/27/26
Fri 8/28/26
Tue 9/1/26
Wed 9/2/26
Fri 9/4/26
Tue 9/8/26
Fri 9/11/26
Fri 9/11/26
Fri 9/11/26
Mon 9/14/26
Tue 9/15/26
Tue 9/29/26
Thu 9/10/26
Thu 9/10/26
Thu 9/10/26
Tue 9/1S/26
Tue 9/22/26
Wed 9/23/26
Wed 10/7/26
Tue 10/13/26
Tire 11/3/26
Tue 11/3/26
Fri 11/6/26
Fri 1V13/26
Fri 11/20/26
Tue 12/8/26
fuc 10/13/26
Tue 10/13/26
Wed 10/14/26
Mon 10/19/26
Tue 10/20/26
Thu 10/29/26
Thu 10/29/26
Tue 11/3/26
Mon 11/2/26
Mon 11/2/26
Tue 11/3/26
Wed 11/4/26
Finish
W6725/27
Fri 6/25/27 t>
"liiu 10/1/26
Tue 9/1/26
Mon 8/31/26
Tue 9/1/26
Thu 9/3/26
Thu 9/3/26
Wed 9/9/26
Thu 9/10/26
Tue 9/15/26
Tue 9/15/26
Tue 9/15/26
Wed 9/16/26
Mon 9/28/26
Thu 10/1/26
Fri 12/11/26
Mon 11/2/26
Mon 9/14/26
Mon 9/21/26
Mon lO/S/26
Tue 10/6/26
Mon 10/12/26
Mon 11/2/26
Frf 12/11/26
Thu 11/5/26
Thu 11/12/26
Mon 12/7/26
Mon 12/7/26
Fri 12/11/26
Wed 12/2/%
Wed 10/14/26
Fri 10/16/26
Tue 10/20/26
Mon 11/2/26
Wed 11/11/26
Fri 10/30/26
Mon 11/16/26
Tue 11/3/26
Tue 11/3/26
Wed 11/4/26
Thu 11/5/26
larttf IndOvamv JrdOuxrtw UthOianw IflOvwtiv IndQgwvr 3niquan>r flti Quarrw InOuarter 2nd Quxrvr !3nlQ
.Frbl>1«_*iicJj4«djuriijulJ>uelj«o±OclJjl<wlj!icij«v±feblM«Jj»pdj44>dJvri^uLlAuolSepXocLJjvo«j)tclj^^
t---------------------------------------------------------------a 6/25
E---- 1 T9/1
Community Outraach/NotHication i 9/1
Ralacate Exisdng OumpttarsjrTrash Cans ■ 8/31
Survay/Layout Extents i 9/1
Sat Up Parimetar Fence i 9/3
Post Signaga/Sat Blue Screen | 9/3
Sat l|p SIta Offica | 9/9
Blue Stake Marking ■ 9/10
Private Locator/Pothola Existing Utllltlas | 9/15
Elactr^l Make Safa | 9/15
Rarrtova/Salvaga Existing Signage i 9/15
Ramovia/Salvaga Existing Light Poles | 9/16
DamoliWHaul Off Asp halt Pavement gg 9/28
Remove/Haul Off Light Pole Baxes | 10/1
-■ 12/11
E--------3 11/2
Create Anif File TCP For Wi irk In 6th Ave | 9/14
6th Ave TCP Relrlew/Approval ■ 9/21
Install New Domestic Water Service m 10/S
Instan New Hre Une/Backflow m 10/6
Remove Plates/pltch Back Eth Ave ■ 10/12
Relocata Existing APS Jna Along 6lh Ave m 11/2
C-----1 12/11
Create And File TCP For Work At Stetson Drive (11/5
I Stetson TCP Review And Approval g 11/12
Install New Electrical Servke/X-fmu' Pad 12/7
Si reet Light Modifications ai 12/7
Remove PI etes/Patch Back At Stetson | 12/11
■--------1 12/2
Survey/U yout For Structure | 10/14
Scarify And Compact Soils | 10/16
L lyout For Geo-Piers | 10/20
Geo-Pier Installation gg 11/2
Excavate For Footlngs/Grade Beams a 11/11
Exc ivate For Qevator Pit i 10/30
Graile Beam Reinfcrcing Steel Placement m 11/16
I Iftttan rira Ris*r , 11/3
Pr*p And pour Qovator Pit Floor | 11/3
iat EWetrical Stub* Into Tha Stnictura | 11/4
Form Oavator PH Wall* Pint Slda , 11/5
I
Wed 5/3/26
Page 1 of 3
24 of 30
Exhibit C, 2026-119>COS, Paq>25of30
wiiimeng
Scottsdale NEQ Parking Structure
CITY OF
#SCOnSDALE
Uf»f l2ftdQu*ri*f 13rd quarter 4th quarter h« Quarter 2nd Quarter '3rd quarter [4th Quarter la Quarter 12nd Quarter jlrdC
EebJJ^JJWd>!la)LLhl^LblJLL^uQJJ*pJJ0ctJJS0KlCecJJarLUet^lM9E^^.Ag^at-J^^^^J^^
Sat Rtinforcing StM For Qavator PH Wall* | 11/9
0
TaskNarrw
43
44
« !
45
47
48
49
50
51
52
53
S4
55
56
57
56
59
60
“
62
63
64
65
66
67
66
69
70
71
72
73
74
76
77
78
79
80
61
62
63
84
Durstiort
Start
Finish
75 !
Install Elevator Pit Pipe And Conduit
Set Reinforcing Steel For Elevator Pit Walts
Pour Grade Beams And Footings
Qose Up Elevator Ptr Waite
Pour Elevator Pit Walls
Strip Forms At Elevator Pit Waite
Waterproof Elevator Walts
Backfill At Elevator Walls
Pre-Cast Structure
Move In And Set Up
Erect Parking Structure
Oe-Mob And Move Out Crane
Slab On Deck/SUb On Grade/CMU
Deliver Embeds ForCMU
CMU At Elevator Shaft
Install Trench Drains/Deck Drains
Set Expansion Jolnts/Caulklng
Prepare And Pour Topping Slabs
CMU 0> Screen Walls
Prepare And Pour Slab On Grade
Stairs And MtecellaneoiH Steel
Set Elevator Shaft Steel/Holstway Beam
Elevator Canopy Installation
Install South Stairs And Railings
Hang Metal Screens/Architecturai Metal
Install North Stairs And Railings
Guard Rail install
Transformer Screen Wall
Install Head Knockers
MEP/Flrt Sprinkler And Finishes
Install Backer Rod and Caulking
Prime And Paint Uds And Walls
Install Elevator Pit Electrical
HVAC For Elevator installation
Elevator Shaft Fire Alarm
Elevator Installation
Hang Rre Sprinkler Mains And Branch Lines
Electrical Condult/Wtre Install On Deck
Install Storm Piping Under Deck
Waterproof/Backfill Planters
Roof Framing At Elevator
Electrical Rxturcs Under Deck
2 days
2 days
10 days
2days
Iday
2 days
2 days
3 days
3$ days
3days
30 days
3 days
^days
Iday
20 days
IS days
IS days
15 days
15 days
7days
SSdays
Sdays
Sdays
12 days
40 days
12 days
10 days
6days
3 days
65 days
20 days
20 days
Sdays
Sdays
3 days
20 days
ZSdays
20 days
ZSdays
15 days
Sdays
ZSdays
Wed 11/4/26
Fri 11/6/26
Wed 11/11/26
Tue 11/10/26
Thu 11/12/26
Tue 11/17/26
Tue 11/24/26
Mon 11/30/26
Wed 11/2S/2G
Wed 11/2S/26
Wed 12/2/26
Wed 1/20/27
Wedl/20/Z7
Wed 1/20/27
Wed 1/20/27
Wed 1/20/27
Wed 1/20/27
Wed 2/10/27
Wed 2/17/27
Wed 3/3/27
Wed 2/17/27
Wed 2/17/27
Mon 3/1/27
Wed 3/10/27
Wed 3/10/27
Fri 3/26/27
Tue 4/13/27
Tue 4/27/27
Fri 4/30/27
Wed 3/3/27
Wed 3/3/27
Mon 3/8/27
Mon 3/8/27
Mon 3/15/27
Mon 3/22/27
Thu 3/25/27
Mon 4/5/27
Wed 4/7/27
Mon 4/12/27
Mon 4/12/27
Tue 4/13/27
Wed 4/14/27
Thu ll/S/26
Mon 11/9/26
Tue 11/24/26
Wed 11/11/26
Thu 11/12/26
Wed 11/18/26
Wed 11/25/26
Wed 12/2/26
Fri 1/22/27
Tue 12/1/26
Tuc 1/19/27
Fri 1/22/27
Thu 3/11/27
Wed 1/20/27
Tue 2/16/27
Tue 2/9/27
Tue 2/9/27
Tuc 3/2/27
Tue 3/9/27
Thu 3/11/27
Tue 5/4/27
Fri 2/26/27
Fri 3/5/27
Thu 3/25/27
Tue 5/4/27
Mon 4/12/27
Mon 4/26/27
Tue 5/4/27
Tue 5/4/27
Wed 6/2/27
Tue 3/30/27
Fri 4/2/27
Fri 3/12/27
Fri 3/19/27
Wed 3/24/27
Wed 4/21/27
Fri 5/7/27
Tue 5/4/27
Fri 5/14/27
Fri 4/30/27
Mon 4/19/27
Tue 5/18/27
Pour Gr» le Beams And Footings ■ 11/24
Cto!e Up Elevator Pit Wans ) 11/11
Pour Elevator Pit WaHs i 11/12
Strip Foi ms At Bevator Pit WaBs , 11/18
V'aterproof Elevator Walts ) 11/25
Sackfin At Bevator Wans t 12/2
■----------1 1/22
Move In And Set Up | 12/1
Erect Parking Struebire wmmm 1/19
D»Mob And Move Out Crane | 1/22
I--------1 3/11
Deliver Embeds For CMU t 1/20
CMU At Elevator Shaft ^ Z/16
InstaB Trench Drains/Deck Drains ■■ 2/9
Set Expansion Jolnts/Caulkir^ wm 2/9
Prepare And Pour Topping Slabs ni 3/2
CMU • Screen WaBs h 3/9
Pr^Mue And Pour Slab On Grade ■ 3/11
1 S/4
S*t Elevator Shaft Steel/Holstway Beam g 2/26
Bevator Canopy Installation t 3/S
Instan South Stairs And Railings m 3/25
Hang Metal Screens/Architectural Metal mUM 3/4
Install North Stairs And Railings ^ 4/12
Guard RaU InsuH a 4/26
Transformar Screen WaB | 5/4
InstaB Head Knockers | 5/4
-I 6/2
Install Backer Rod and Caidking — 3/30
Prime And Paint Uds And Walb mm 4/2
Install Bevator Pit Sectrical | 3/12
HVAC For Bevator InstaBation g 3/19
Bevator Shaft Fire Alarm | 3/24
Bevator InstaRatlon 4/21
Hang Tire Sprinkler Mains And Branch Lines ■■■ 5/7
Bectrical Conduit/Wire InsUB On Deck ■■ 5/4
InstaB Storm Piping Under Deck bNBI 3/14
Waterproof/BackfiB Planters mi 4/30
Roof Framing At Bevator g 4/19
Bectrical Fbetures Under DMk
3/1 B
Wed 6/3/26
Page 2 of 3
25 of 30
Exhibtt C, 2026-119^08, Pag* 26 of 30
wiiimeng
Scottsdale NEQ Parking Structure
>-*CiTY DF
^SCOnSDALE
ID
Task Name
85
86
87
88
89
90
91
92
93
98
99
100
101
102
103
104
10S !
106
107
108
109
no
Duration
Start
Rnijh
I c h! t
Fire Alarm Conduit
Rooflnj ln«all At Elevator
Set Signage/FIrc Extinguishers
Paint Stair Railings
Paint Lines For Parking Areas
Plant Landscaping/Dccorathre Stone
Install Interior Electrical Fixtures
Exterior Electrical Fixtures Install
Pull Fire Alarm WireArim Out
Set Electrical Meter/Power On
95
96
10 days
4days
7 days
10 days
7 days
ZOdays
IS days
ZOdays
7 days
5 days
Wed 4/14/Z7
Tue4/Z0/27
Thu4/ZZ/Z7
Mon4/Z6/Z7
Tue4/27/Z7
Mon 5/3/Z7
Mon S/10/Z7
Wed 5/5/27
Wed S/5/27
Wed 5/19/27
Tue 4/27/27
FrI 4/23/27
FrI 4/30/27
FrI 5A/Z7
Wed S/5/27
FrI 5/28/27
Fri 5/28/27
Wed 6/2/27
Thu 5/13/27
Tue 5/25/27
; 2nd Quaiw Ird ^n*r 4th ^ner 1st Quarter 2nd Quarter j 3rd Quarter 4ih Quarter 1st Quarter . 2nd Quarter
3rd Q
xJj5pd.vla!tijunJ_JuUAu9Jjwloctlhtoxit>ecLani7rtiMadj5ixJ>laiiJ>nljuLlAu9lSirt)loaiNovJ.I>ecl^llJ-bsiMiLL*lxdMevLjul^
Building Inspectlon/ADA Access
OAC Punch Walk/lssue Punchlist
Punchlist Corrections
Turn On PowerAest Panels
Start Up HVAC For Elevator
Final Punch Wallc/Verify Correalons
Start Up And Adjust Elevator
Final Mechanical Inspection
Final Site Inspection
Planning Sign Off
Final Elevator Inspection
Final Plumbing Inspection
Final Fire Inspections
Final Electrical Inspection
Final Building Inspection
2 days
3 days
10 days
Sdays
3days
1 day
Sdays
2 days
Zdays
2 days
3days
2 days
2days
2 days
Zdays
Thu 5/6/27
Thu S/6/27
Tue S/ll/27
Wed S/26A7
Thu 6/3/27
Tue S/25/27
Tue 6/8/27
Tue 6/8/27
Tue 6/1/27
Thu 6/3/27
Thu 6/17A7
Fri 6/18/27
Tue6A2/27
Tue 6/22/27
Thu 6/24/27
”1 KK:' -'Substantial Completion
Odays
Fri 6/25/27
Fri 5A/27
Mon 5/10A7
Mon 5/24A7
Wed 6/2A7
Mon 6AA7
Tue 5/25/27
Mon 6/14A7
Wed 6/9A7
Wed 6/2/27
Fri 6/4A7
Mon SA1A7
Mon 6A1/27
Wed 6A3A7
Wed 6/23A7
Fri 6/25/27
Fir* Alarm Conduit a 4/27
|
Roofing Install At Qavator t 4/23 I
Set Signage/Firt Extinguishers ■ 4/30 j
Faint Stair Railings ■ 5/7 '
Paint Lines For Parking Areas ■ S/5
Plant Landtcaping/Decorative Stone an 5/28
Install Interior Electrical Fixtures ai S/28
Exterior Electrtcal Fixtures install an 5/2
Pull Fire Alarm Wire/Trim Out ■ 5/13;
Set Electrical Meter/Power On ■ S/25
6/2S\
r.......1
Building tnspeefion/ADA Access | 5/7
OAC Punch Walk/lssue Punchlist ■ 5/10
Punchlist Corrections a ^/24
Turn On Power/Test Paneb g 6/2
Start Up HVAC For Sevator | 6/7
Final Punch Walk/Verify Corrections i 5/25
Start Up AikI Adjust Qevator g 6/14
Tinal Mechanical Inspection \ 6/9
Final Site Inspection | sh
Planning Sign Off j 6/4
Final Elevator Inspection i [ 6/21
Final Plumbing Inspection i|6/21
Final Fire Inspections jj 6/23
Final Bectrical Inspection ^ 6/23
Final Building Inspection j 6/25
♦ 6/2-
Wed 6/3/26
Page 3 of 5
28 of 30
♦
Exhibit C, 2026r119-COS, Page 27 of 30♦
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Site
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♦
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27 of 30
wiiimeng
Scottsdale NEQ Parking Structure Logistics Plan
Exhibit C. 202S-119-COS, F>ag« 28 of 30
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Exhibft C. 202M19-COS. Pag* 29 of 30
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Scottsdale NEQ Parking Structure Logistics Plan
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Exhibit C, 29^2^119-COS, Page 30 of 30
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1702 E Highland Ave, Suite 400
Phoenix, AZ 85016
480-968-4755
AZ ROC B-01 082904
AZ ROC A 323741
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wiiimeng
30 of 30
CONTRACT NO. 2026-119-COS
EXHIBIT D
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34. CHAPTER 6.
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That, ___________________________ (hereinafter called the Principal) as Principal, and
___________________________ , a corporation organized and existing under the laws of the Stale of
-
_______ with its principal office in the City of___________________, (hereinafter called the
Surety), as Surety, are held and firmly bound unto the City of Scottsdale, County of Maricopa, State of Arizona
in the amount of________________________.Dollars ($________ for'the payment whereof, the
said Principal and Surety bind themselves, and their heirs, administrators, executors successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered Into a certain written contract with the City of Scottsdale, dated the day
of . 20^__ for Bid No. (bid number). Project No. (project number), (project name). Which contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the Principal faithfully performs and fulfills all
ofthe undertakings, covenants, terms, conditions and agreements of the contract during the original term of the
contract and any extension ofthe contract, with or without notice to the surety, and during the life of any guaranty
required under the contract, and also performs and fulfills all ofthe undertakings, covenants, terms, conditions
and agreements of all duly authorized modifications of the contract that may hereafter be made, notice ofwhich
modifications to the surety being hereby waived, the above obligation Is void. Othenwise it remains in full force
and effect.
PROVIDED. HOWEVER, that this Bond is executed pursuant to the provisions of Title 34. Chapter 6, Arizona
Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of Title
34, Chapter 6, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The
prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may
be fixed by a Judge of the Court. The performance under this bond is limited to the construction to be performed
under the contract and does not include any design services, preconstruction services, financial services,
maintenance services, operations services or any other related services included in the contract.
WITNESS our hands the
.day of.
20_
PRINCIPAL
BY:
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
11218298V9
Project Name: NE Quadrant Parking
Structure
Page 1 of 1
Project No: PD2503
CONTRACT NO. 2026-119-COS
EXHIBIT E
STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34. CHAPTER 6,
OF THE ARIZONA REVISED STATUTES
(Penally of this bond must be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That, _____
^_________________ (hereinafter called the Principal), as Principal, and
___________________________ a corporation organized and existing under the laws of the State of
______________ , with its principal office in the City of__________________ (hereinafter calied the
Surety), as Surety, are heid and firmly bound unto the City of Scottsdale, County of Maricopa, State of Arizona,
in the amount of_______________________ Dollars {$_________ _____ ), for the payment Whereof, the
said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City of Scottsdale dated the____
day of________________ , 20___ , for Bid No. (bid number). Project No. 22SQ012 , which contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such that if the Principal promptly pays all monies due to
all persons supplying labor or materials to the Principal or the Principal's subcontractors In the prosecution of
the work provided for in the contract, this obligation is void. Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6, of the
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions,
conditions and limitations of Title 34, Chapter 6, Arizona Revised Statutes, to the same extent as if they were
copied at length in this Contract.
The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that
may be fixed by a Judge of the Court.
WITNESS our hands the
. day of.
20_.
PRINCIPAL
BY:
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
11218298V9
Project Name: NE Quadrant Parking
Stmcture
Page 1 of 1
Project No: PD2503
CONTRACT NO. 2026-119-COS
EXHIBIT F
CITY OF SCOTTSDALE PUBLISHED BENCHMARKS
CERTIFICATE OF USE
CONTRACT NAME:
CONTRACT NO.:
To the City of Scottsdale;
PROJECT NO.:
In compliance with the City of Scottsdale’s Design Standards & Policies Manual (DS&PM),
Sections 9-1.1 and 9-1.301, it is the City's intent that the _______________________ _
must use both horizontal and vertical benchrnarks with City of Scottsdale published values for any
survey on all public works projects. Those published values are available for public use at the
following City website: http://eservices.scott8daleaz.gov/land8urvey/. AT LEAST ONE
HORIZONTAL AND ONE VERTICAL BENCHMARK MUST MATCH THE NORTHING, EASTING
AND/OR ELEVATION VALUES PUBLISHED ON THE CITY OF SCOTTSDALE’S WEBSITE.
Having read and understood Sections 9-1.1 and 9-1.301 of the DS&PM, and as a Land Surveyor
registered in the State of Arizona, I certify that we will be using the following City of Scottsdale
horizontal and vertical datum to perform thetopographic survey for the above named contract and
project. These benchmarks will be shown on the cover sheet of the design and construction plans.
Benchmark No. 1:
Horizontal datum:
GPS Point:_____
N:___________
E:____________
Vertical datum:
GPS Point: _
Elevation:___
Benchmark No. 2:
Horizontal datum:
GPS Point:_____
N:___________
E:____________
Verticar datum;
GPS Point:__
Elevation:___
Certified By:
Print Name:.
Title:
(Seal in Area Below)
11218298V9
Project Name: NE Quadrant Parking
Structure
Page 1 of 1
Project No: PD2603
, CONTRACT NO. 2026-119-COS
EXHIBIT G
CONTRACTOR E-VERIFYCOMPLIANCE WARRANTY
Contract Title/Number ("Contract"):
Contractor (Legal Name):_ _______
E-Verify Company ID#:__________
Date of Enrollment:____________
The undersigned contractor ("Contractor”) hereby represents, warrants, and certifies to the
City of Scottsdale that:
□ The Contractor has employees that will be providing services within the State of Arizona
and agrees with the following:
1. The Contractor complies with all federal immigration laws,
2. The Contractor is registered with and actively uses the federal E-Verify system to verify
employment eligibility of all newly hired employees in Arizona, as required by Arizona Revised
Statutes § 41 -4401 and § 23-214(A).
3. The Contractor does not employ unauthorized aliens for the performance of services related to
the Contract.
4. The Contractor shall retain records demonstrating E-Verify compliance and will produce such
records upon request from the City.
5. The Contractor will require all subcontractors who perform work under the Contract within the
State of Arizona to comply with these requirements.
□ The Contractor and any of its subcontractors do not have employees within the State of
Arizona or employees that will be providing services for the Contract in the State of Arizona.
A breach of this warranty is considered a material breach of contract, subject to penalties up to and
including termination of the contract. The undersigned represents and warrants that he or she is duly
authorized to execute this warranty on behalf of Contractor.
Authorized Representative Signature:,
Name:_______________________
Title:
_____________
Date: ______________ _________
112182g8v9
Project Name: NE Quadrant Parking
Structure
Page 1 of 1
Project No; PD2503