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I
Item 8
CITYCOUNCJl
REPORT
Meeting Date:
General Plan Element:
General Plan Goal:
June 23, 2026
Public Services and Facilities
Provide city service facilities to meet the governmental,
adniinistrative, public safety, emergency, social, human,
cultural, informational, and maintenance needs of the
community.
ACTION
Construction Manager at Risk Preconstruction Phase Services Contract for the Fire Station 604 Bond
Project 34-Build New Fire Station at 90‘^ Street and Via Linda to Replace Aging Facility. Adopt
Resolution 13695 authorizing Construction Manager at Risk (CMAR) Contract No. 2026-087-COS with
Willmeng Construction, Inc., in an amount not to exceed $108,056.00 to provide Preconstruction
Services for the Fire Station 604 Project located at 9065 E. Via Linda.
BACKGROUND
The purpose of this action is to approve Preconstruction Services Contract No. 2026-087-COS with
Willmeng Construction, Inc. to provide the requisite preconstruction services for Bond 2019, Project
34, Build a New Fire Station at 90th Street and Via Linda to Replace Aging Facility. This project is for a
new replacement Fire Station 604 (FS604). The facility is to be located near the southwest corner of
the intersection of 90‘^ Street and Via Linda.
The replacement of FS604 was approved by the voters as part of the 2019 bond election. The scope
of the services for this contract will involve estimating, constructability reviews, lead time and early
procurement planning and a GMP for construction for a new replacement fire station, FS604, to serve
the current response area. The existing station will be razed and a new expanded station designed
to include crew quarters and facilities, office space. Occupational Safety and Health Administration
(OSHA) Certified decontamination area, safety gear storage, a triple apparatus bay and public parking
space with entrance.
'
ANALYSIS & ASSESSMENT
Recent Staff Action
On March 15, 2026, staff solicited Requests for Qualifications {26RFSQ062) from construction firms
to provide preconstruction and construction phase services for the Fire Station 604 Project. Seven
responses were received on April 16, 2026. In accordance with ARS 34-603{C)(l)(f){ii), a seven-
Action Taken _
City Council Report | Preconstruction Services Contract for Fire Station 604 Bond Project 34 Build
New Fire Station
member selection panel, which included a registered architect and a licensed contractor, reviewed
the responses and invited three firms for interviews. Based on the interview panel's recommendation,
Willmeng Construction was selected for contract negotiations.
On May 20, 2025, Council approved the Architectural Services contract 2025-d73-COS for Perlman
Architects as seiected through the solicitation process RFSQ-092024-204.
Community Involvement
Public outreach was conducted during the formation of the 2019 Bond. Additional outreach will be
conducted as required by Planning and the Development Review Board should that be.deemed a
requirement for this project.
Significant Issues to be Addressed
Staff will work closely with the Fire Department regarding design development, review, and
approvals.
RESOURCE IMPACTS
Available funding
Funding for this contract is available within the project's budget, as summarized by the following
table.
34 - Build a New Fire Station at 90*'^ Street and Via Linda {PB2502)
Funding Source
Project Budget
(in millions)
Spent/Committed
(in millions)
Remaining Budget
(in millions)
2019 GO Bonds
$5,914
$0.8
$5,135
General Fund
$8,238
$0.0
$8,238
Total
$14.2
$0.8
$13.4
Staffing, Workload Impact
The contract administrator responsible for enforcement of all provisions of the contract is Nate
Crowell, Sr. Project Manager, Transportation and Infrastructure.
Maintenance Requirements
The completed project will be maintained by City staff in a manner similar to other fire stations that
are in current operation.
Future Budget Implications
The increase in, maintenance and upkeep costs of the facility is estimated at approximately $60,000
per year and additional budget will be requested in future facilities budgets.
Page 2 of 3
City Council Report | Preconstruction Services Contract for Fire Station 604 Bond Project 34 Build
New Fire Station
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution 13695 authorizing CMAR Contract No. 2026-087-COS with Willmeng Construction,
Inc. in an amount not to exceed $108,056.00 to provide preconstruction services for Fire Station 604,
Bond Project 34-Build New Fire Station at 90*'^ Street and Via Linda to Replace Aging Facility located
at 9065 E. Via Linda.
Proposed Next Steps:
Following Council's approval of the contract, Willmeng Construction, Inc. will proceed with drawing
and constructability review, budget estimating, and participate in stakeholder input meetings.
RESPONSIBLE DEPARTMENT(S)
Fire, Transportation and Infrastructure
STAFF CONTACT
Nate Crowell, Sr. Project Manager, ncrowell@scottsdaleaz.gov, 480-312-2367.
APPROVED BY
%
L
Alison TymKiw, $enior/Director-City Engineer,
Transportation and Infrastructure
(480) 312-7760, atvmkiw@scottsdaleaz.gov
Date
ATTACHMENTS
1. Resolution No. 13695
2. Location Map
3. Evaluation Matrix
4. Contract No. 2026-087-COS
Page 3 of 3
RESOLUTION NO. 13695
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE.
MARICOPA COUNTY, ARIZONA AUTHORIZING CONSTRUCTION MANAGER
AT RISK CONTRACT NO. 2026-087-COS WITH WILLMENG CONSTRUCTION.
INC. FOR PRECONSTRUCTION SERVICES FOR BOND PROJECT 34 -
BUILD NEW FIRE STATION AT 90^^ STREET AND VIA LINDA TO REPLACE
AGING FACILITY, IN AN AMOUNT NOT TO EXCEED $108,056.
WHEREAS, the City wishes to build Bond Project 34 - Build New Rre Station at 90*"
Street and Via Linda to Replace Aging Facility ("Fire Station 604", Project No. PB2502) and
associated amenities located at 9065 E Via Linda Road, Scottsdale, Arizona.
WHEREAS, Willmeng Construction, Inc., Inc. has been selected by the City through a
competitive process in soiidtation 26RFSQ062.
WHEREAS, Willmeng Construction, Inc., Inc. is qualified to render the 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
Construction Manager at Risk Contract No. 2026-087-COS between the City and Willmeng
Construction, Inc. for preconstruction services for Bond Project - 34 Build New Fire Station at
90“’ Street and Via Linda to Replace Aging Facility in an amount not to exceed One Hundred
Eight Thousand Fifty-Six Dollars ($108,056).
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
Lufe E. Santaella, Interim City Attorney
By: Lydia Tulin, Assistant City Attorney
19246535
Page 1 of 1
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ATTACHMENT 2
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TITLE
LOCATION
MAP
CITY OF
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I 1 OF 1
DRAWN I DATE
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RAH I 5/26 I NTS
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Solicitation for CMAR for Bond Project 34 - Build new Fire
Station at 90th St and Via Linda to replace aging facility -
26RFSQ062
Company
Rank
Core Construction
Sun Eagle
Willmeng
1
ATTACHMENTS
Page 1 of 1
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CITY OF SCOTTSDALE
CONSTRUCTION MANAGER AT RISK
PRECONSTRUCTION SERVICES CONTRACT
PROJECT NO. PB2502 / SOLICITATION NO. 26RFSQ062
CONTRACT NO. 2026-087-COS
ATTACHMENT 4
Contract No. 2026-087-COS
TABLE OF CONTENTS
RECITALS.......................................... ..................................... ...................................................1
ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES.............................................. 1
ARTICLE 2 - PERIOD OF SERVICES...................................................... ................................13
ARTICLE 3 - CONTRACT AMOUNT AND PAYMENTS....,................... ..... .................... .....13
ARTICLE 4 - CITrS RESPONSIBILITIES................................................................................ 15
ARTICLE 5 - CONTRACT CONDITIONS.......
..................................................................16
ARTICLE 6 - insurance . ........................................................................... .................. 27
ARTICLE 7 - FEDERAL AND STATE LAW........................... ........... ................................. 33
ARTICLE 8 - TERMS AND DEFINITIONS......
............ .................................. ......... 35
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - SUBMITTAL REQUIREMENTS FOR THE GMP PROPOSAL(S)
EXHIBIT C - CMAR’S HOURLY RATE SCHEDULE & GMP PROPOSAL
EXHIBIT D - CONTRACTOR E-VERIFY COMPLIANCE WARRANTY
Project Name: Bond Project 34 - Fire Station 604
Project No: PB2502
11565416v6 CMAR Des (Rev. 5.6.2026)
Page
Contract No, 2026-087-COS
CITY OF SCOTTSDALE
CONSTRUCTION MANAGER AT RISK
PRECONSTRUCTION SERVICES CONTRACT
PROJECT NO. PB2502 / SOLICITATION NO. 26RFSQ062
CONTRACT NO. 2026-087-COS
THIS CONTRACT, entered into this
day of.
20._, by the City of Scottsdale, an
Arizona municipal corporation, (the “City”) and Willmeng Construction, Inc., an Arizona
corporation (the "Construction Manager at Risk" or “CMAR” or “Contractor”).
RECITALS
A.
The Mayor of the City of Scottsdale, Arizona, is authorized by provisions of the City Charter
to execute Contracts for Professional Services and Construction Services.
B.
The City intends to construct the Bond Project 34- Build new Fire Station at 90th Street
and Via Linda to Replace Aging Facility (“Fire Station 604") Project, 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” located at 9065 E Via Linda, ,
Scottsdale, Arizona, hereinafter referred to the “Site”.
C.
To undertake the Design Services associated with the Project, the City has entered into
a Contract with Perlman Architects, who is referred to as the “Design Professional.”
D.
The City desires to enter into this Contract with the CMAR for Preconstruction Services
and the CMAR represents that it is qualified and able to provide the required services
identified in this Contract. Upon completion of the Preconstruction Services, at the City’s
discretion, the City may enter into a separate contract with the CMAR for construction
phase services.
contract
FOR AND IN CONSIDERATION of the parties’ mutual covenants and conditions, it is agreed
between the City and the CMAR as follows:
ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES
1.0 GENERAL
A.
The CMAR, to further the interests of the City, will perform the senrices required by,
and in accordance with this Contract, to the satisfaction of the Contract Administrator,
exercising the degree of care, skill and judgment a professional construction
manager performing similar services in Scottsdale, Arizona would exercise at that
time, under similar conditions. The CMAR will, at all times, perform the required
services consistent with sound and generally accepted construction management
and contracting practice and principles. The services being provided under this
Contract will not alter any real property owned by the City.
B.
Initial Program Evaluation. The CMAR will provide an initial written evaluation of the
City’s Project with recommendations as to the requirements of the Project and the
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
Page1of41
19246549
Contract No. 2026-087-COS
Project’s budget. The City and the CMAR will identify an acceptable time frame by
which the CMAR will provide initial program evaluation.
C.
Project Meetings. The CMAR will attend Project Team meetings which may include,
but are not limited to, monthly Project management meetings, Project workshops,
special Project meetings, and Construction Documents rolling reviews.
D.
The CMAR will review and comment on the Design Professional’s design phase
services, in a proactive manner and consistent with the intent of the Scope of Work
and the most current Drawings and Specifications. The CMAR will promptly notify
the City in writing whenever the CMAR discovers errors in any Drawings or
Specifications or changes in the Scope of Work requiring an adjustment in the cost
estimate. Project Schedule, Guaranteed Maximum Price (GMP) Proposals or in the
Contract Time for the Work, to the extent they are established.
E.
The CMAR, when requested by the City with reasonable notice, will attend, make
presentations and participate as may be appropriate, in public or community
meetings related to the Project. The CMAR will provide drawings, schedule
diagrams, budget charts and other materials describing the Project, when their use
is required or appropriate in any public agency meetings.
1.1 CONSTRUCTION MANAGEMENT PLAN
A.
The CMAR will prepare a Construction Management Plan, which includes but is
not limited to the CMAR’s professional opinions concerning: (1) Project milestone
dates and the Project Schedule, including the broad sequencing of the design and
construction of the Project, (2) plans for investigations, if any, to be undertaken to
ascertain subsurface conditions and physical conditions of existing physical
surface and subsurface facilities and underground utilities, (3) alternate strategies
for fast-tracking or phasing the construction, (4) the number of separate
subcontracts to be awarded to Subcontractors and Suppliers for the Project
construction, (5) any Intergovernmental Contracts (IGA’s), (6) permitting strategy,
(7) safety and training programs, (8) construction quality control, (9) a
commissioning program, (10) the cost estimate and basis of the model, (11) a
matrix summarizing each Project Team member’s responsibilities and roles, and
(12) goal compliance strategy.
B.
The CMAR will add detail to its previous version of the Construction Management
Plan to keep it current throughout the preconstruction phase, so that the
Construction Management Plan is ready for implementation at the start of the
construction phase. The update/revisions may take into account (a) revisions in
Drawings and Specifications; (b) the results of any additional investigatory reports
of subsurface conditions, drawings of physical conditions of existing surface and
subsurface facilities and documents depicting underground utilities placement and
physical condition, whether obtained by the City, Design Professional or the
CMAR, (c) unresolved permitting issues, and significant issues, if any, pertaining
to the acquisition of land and right of way, (d) the fast-tracking, if any, of the
construction, or other chosen construction delivery methods, (e) the requisite
number of separate bidding documents to be advertised, (f) the status of the
procurement of long-lead time equipment (if any) or materials, and (g) funding
issues identified by the City.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416v6 CMAR Des (Rev. 5.6.2026)
Page 2 Of 41
19246549
Contract No. 2026-087-COS
1.2 PROJECT SCHEDULE
A.
The fundamental purpose of the “Project Schedule” is to identify, coordinate and
record the tasks and activities to be performed by all of the Project Team members
and then for the Project Team to utilize that Deliverable as a basis for managing
and monitoring all member’s compliance with the schedule requirements of the
Project. Each Project Team member is responsible for its compliance with the
Project Schedule requirements. The CMAR will, however, develop and maintain
the Project Schedule on behalf of and to be used by the Project Team based on
input from the other Project Team members. The Project Schedule is subject to
City approval. The Project Schedule will be consistent with the most recent
revised/updated Critical Path Method. The Project Schedule will use the Critical
Path Method technique, unless required otherwise in writing by the City. The
CMAR will use Scheduling software to develop the Project Schedule that is
acceptable to the City. The Project Schedule will be presented in graphical and
tabular reports as agreed upon by the Project Team. If Project Phasing as
described below is required, the Project Schedule will indicate milestone dates for
the phases once determined. The Project Schedule’s activities will directly
correlate with the Schedule of Values specified in Article 1.4(A).
B.
The CMAR will include and integrate in the Project Schedule the services arid
activities required of the City, the Design Professional and the CMAR including all
construction phase activities based on the input received from the City and the
Design Professional. The Project Schedule will detail activities to the extent
required to show: (1) the coordination between conceptual design and various
design phase documents, (2) separate long-lead procurements, if any, (3)
permitting issues, (4) land and right-of-way acquisition, if any, (5) bid packaging
strategy and awards to Subcontractors and Suppliers, (6) major stages of
construction, (7) start-up and commissioning, and (8) City’s acceptance of the
completed Work. The Project Schedule will include, by example and not limitation,
proposed activity sequences and durations for procurement, construction and
testing activities, milestone dates for actions and decisions by the Project Team,
preparation and processing of Shop Drawings and Samples, delivery of materials
or equipment requiring long-lead time procurement (if any), milestone dates for
various construction phases, total float for all activities, relationships between the
activities, the City’s occupancy requirements showing portions of the Project
having occupancy priority, and proposed dates for Substantial Completion and
when the Work would be ready for final acceptance.
C.
The Project Schedule will be updated and maintained by the CMAR throughout
this Contract to assure that the schedule will not require major changes at the start
of the construction phase to incorporate the CMAR’s plan for the performance of
the construction phase Work. The CMAR vyill provide updates or revisions to the
Project Schedule for use by the Project Team, whenever required, but no less often
than at the monthly Project Team meetings. The CMAR will include with these
submittals a narrative describing its analysis of the progress achieved to-date vs.
that planned, any concerns regarding delays or potential delays, and any
recommendations regarding mitigating actions.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
Page 3 Of 41
19246549
Contract No. 2026-087-COS
D. Project Phasing (Optional). At the City’s direction the CMAR will review the design
and make recommendations for phased construction. If phased construction is
considered appropriate and the City and Design Professional approve, the CMAR
will review the design and make recommendations regarding the phased issuance
of Construction Documents to facilitate phased construction of the Work. The
CMAR will take into consideration factors such as natural and practical lines of
work severability, sequencing effectiveness, access and availability constraints,
total time for completion, construction market conditions, labor and materials
availability, and any other pertinent factors.
1.3 GENERAL DESIGN DOCUMENT REVIEWS
A.
The CMAR will evaluate periodically the availability of labor, materials/equipment,
building systems, cOst-sensitive aspects of the design, and other factors that may
impact the cost estimate, GMP Proposals or the Project Schedule.
B.
The CMAR Will recommend, with City approval, those additional surface and
subsurface investigations that, in its professional opinion, are required to provide
the necessary information for the CMAR to construct the Project.
C.
The CMAR will meet with the Project Team as required to review designs during
their development. The CMAR will familiarize itself with the evolving documents
through the preconstruction phase. The CMAR will proactively advise the Project
Team and make recommendations on factors related to construction costs and
concerns pertaining to the feasibility and practicality of any proposed means and
methods, selected materials, equipment and building systems and labor and
material availability. The CMAR will also advise the Project Team on errors and
omissions it has discovered in Drawings and Specifications related to proposed
Site improvements, excavation and the foundation as well as other errors and
omissions the CMAR has identified with respect to coordination of the Drawings
and Specifications. The CMAR will recommend cost-effective alternatives.
D.
The CMAR will routinely conduct constructability and bidability reviews of the
Drawings and Specifications as necessary to satisfy the needs of the Project
Team. The reviews will identify discrepancies and inconsistencies in the
Construction Documents especially those related to clarity, consistency, and
coordination of the Work of Subcontractors and Suppliers as follows;
1. Constructability Reviews. The CMAR will evaluate whether: (a) the
Drawings and Specifications are configured to enable efficient
construction, (b) design elements are standardized, (c) construction
efficiency is properly considered in the Drawings and Specifications, (d)
module/preassembly design are prepared to facilitate fabrication, transport
and installation, (e) the design promotes accessibility of personnel, material
and equipment and facilitates construction under adverse weather
conditions, (f) sequences of Work required by or inferable from the
Drawings and Specifications are practicable, and (g) the design has taken
into consideration, efficiency issues concerning: access and entrance to
the Site, lay down and storage of materials, staging of Site facilities,
construction parking, and other similar pertinent issues.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB25P2
11565416V6 CMAR Des (Rev. 5.6.2026)
Page 4 Of 41
19246549
Contract No. 2026-087-COS
2.
Bidabilitv Reviews. The CMAR will check cross-references and
complementary Drawings and sections within the Specifications, and in
general evaluate whether (a) the Drawings and Specifications are
sufficientiy clear and detailed to minimize ambiguity and to reduce scope
interpretation discrepancies, (b) named materials and equipment are
commercially available and are performing well or otherwise, in similar
installations, (c) specifications include alternatives in the event a
requirement cannot be met in the field, and (d) in its professional opinion,
the Project is likely to be subject to differing Site conditions.
3.
The results of the reviews will be provided to the City in formal, written
reports clearly identifying all discovered discrepancies and inconsistencies
in the Drawings and Specifications with notations and recommendations
made on the Drawings, Specifications and other documents. If requested
by the City, the CMAR wiii meet with the City and Design Professional to
discuss any of the CMAR’s findings and review reports.
4.
The CMAR’s reviews will be from a contractor's perspective, and though it
will serve to reduce the number of Requests for Information (RFIs) and
changes during the construction phase, responsibility for the Drawings and
Specifications will remain with the Design Professional.
E.
Notification of Variance or Deficiency. It is the CMAR’s responsibility to assist the
Design Professional in ascertaining that, in the CMAR’s professional opinion, the
Construction Documents are in accordance with applicable laws, statutes,
ordinances, building codes, rules and regulations. If the CMAR recognizes that
portions of the Construction Documents are at variance with applicable laws,
statutes, ordinances, building codes, rules and regulations, it will promptly notify
the Design Professional and the City in writing, describing the apparent variance
or deficiency. However, the Design Professional is ultimately responsible for
compliance with those laws, statutes, ordinances, building codes, rules and
regulations.
F.
Alternate Systems Evaiuations. The Project Team will routinely identify and
evaluate using value engineering principles, any alternate systems, approaches,
or design changes that have the potentiai to reduce Project costs while still
delivering a quality and functional product. Throughout this Contract and upon the
City’s instruction the CMAR will provide value engineering at various stages
throughout the Project. The Project Team, with approval by the City, will decide
which alternatives will be incorporated into the Project. The Design Professional
will have full responsibility for the incorporation of the alternatives into the Drawings
and Specifications. The CMAR will include the cost of the alternatives into the cost
estimate and any GMP Proposals.
1.4 COST ESTIMATES
A. The CMAR will provide a Schedule of Values acceptable to the City including a
detailed cost estimate and written review of the documents within fourteen (14)
days after the CMAR’s receipt of the documents required for the preconstruction
phase. The Design Professional and the CMAR will reconcile any disagreements
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416v6 CMAR Des (Rev. 5.6.2026)
Page 5 Of 41
19246549
Contract No. 2026-087-GOS
on the estimate to arrive at an agreed cost, if no consensus is reached, the City
wili make the finai determination.
B.
If any estimate submitted to the City exceeds previously accepted estimates or the
City’s Project budget, the CMAR wiil make appropriate recommendations on
methods and materiais to the City and the Design Professional that he believes
will bring the Project back into the Project budget. Major milestones on the Project
include Concept Phase, 30%, 60%, 90% submittals consistent with the City of
Scottsdale’s Design Standards arid Policies Manual.
C.
In between these milestone estimates, the CMAR will periodically provide a
tracking report, which identifies the upward or downward movements of costs due
to vaiue engineering or scope changes. It will be the responsibility of the CMAR
to keep the City and the Design: Professional informed as to the major trend
changes in costs relative to the City’s budget.
D.
If requested by the City; the CMAR will prepare a preliminary “cash flow” projection
based upon historicai records of similar type projects to assist the City in the
financing process.
1.5 GUARANTEED MAXIMUM PRICE (GMP)
A. At the end of the preconstruction/design phase or at a time determined .by the City
with reasonable notice, the City will request the CMAR to provide a GMP, or series
of GMPs if the CMAR determines phased consfructibn would be in the City’s best
interest. The approved form and submittal requirements for the CMAR’s GMP
Proposal(s) are stated in Exhibit B, attached and by reference made a part of this
Contract.
1.
The CMAR guarantees to bring the completion of the Work within the GMP
or the CMAR alone will be required to pay the difference between the actual
cost and the GMP.
2.
Buy-out savings are any sayings of the CMAR’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
savings will be returned to the City.
3.
Any Savings realized may be incorporated into the Project to fund
additional scope items or wiil be returned to the City upon the City’s
request.
B. The Cost of the Work (Direct Costs), plus the Indirect Costs, plus taxes, plus the
City’s Project Contingency equals the Total GMP- The GMP is composed of the
follovving 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 8.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416v6:GMAR Des (Rev. 5:6.2026)
Page 6 of 41
19246549
Contract No. 2026-087-COS
2. Indirect Costs include the General Conditions, Payment and Performance
Bonds, Insurance, the Construction Fee and Taxes,
j
a.
b.
c.
d.
The General Conditions Costs are a negotiated amount of project
supervision and other indirect costs according to construction terms
as defined in Article 8.
Payment Bonds, Performance Bonds and Insurance are fixed
percentages or actual costs applied to Cost of Work and General
Conditions Costs as detailed in the GMP Proposal.
The Construction Fee is a negotiated fixed fee that is proposed by
the CMAR for the project as defined in Article 8. It accounts for the
CMAR’S profit and overhead for the Project.
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.
The CMAR must secure and maintain, during the life of the
Contract, a combined State of Arizona and City of Scottsdale
Transaction Privilege (sales) Tax Licenses.
For information on howto obtain a combined State of Arizona and
City of Scottsdale Privilege (Sales) Tax License, please go to the
following websites: https://azdor.QOv/transaction-privilege-tax/tpt-
license/applvinq-tpt-license
C.
3. The City’s Project Contingency is defined in Article 8. 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
CMAR, the sum of which will be the total Contract Price. Taxes will be
applied by the CMAR at the time of the City’s Project Contingency is an
additional negotiated Construction Fee.
The GMP is cumulative. The amount of any GMP amendment will be negotiated
separately and will reflect the CMAR’s risk from that point fonward in the Project.
1.6 GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS
A. The CMAR will present the GMP Proposal(s) for the entire Work (or portions of the
Work) in a format acceptable to the City as set forth in Exhibit B. attached, and by
reference made a part of this Contract. The City may request a GMP Proposal for
any portion of the Project at any time with reasonable notice during the
preconstruction phase. Any GMP Proposals submitted by the CMAR will be based
on and be consistent with the current updated/revised cost estimate at the time of
PROJECT Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
1156541 eve CMAR Des (Rev. 5.6.2026)
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the request, the associated estimates for construction costs, and will include any
clarifications or assumptions upon which the GMP Proposal(s) are based.
B.
GMP Proposal(s) for the entire Project will be the sum of the maximum Cost of the
Work, and also include the Construction Fee, General Conditions Costs, Taxes,
Insurance, Bonds, Indirect Costs, and City’s Project Contingency.
C.
The CMAR, in preparing any GMP Proposal, will obtain from the Design
Professional, six (6) sets of signed, sealed, and dated plans and specifications
(including all Addenda). The CMAR will prepare its GMP in accordance with the
City’s request for GMP Proposal requirements based on the most current
completed plans and specifications at that time. The CMAR will mark the face of
each document of each set of plans and specifications upon which its proposed
GMP is based. The CMAR will send one set of those documents to the City’s
Contract Administrator, keep one set, and return the third set to the Design
Professional.
D.
The CMAR will include an updated/revised Project Schedule with any GMP
Proposal(s) that reflects the Scope of Work shown in the current set of design
documents upon which the GMP Proposal(s) is based. Any Project Schedule
updates/revisions will continue to comply with the requirements of Article 1.2.
E.
If the construction phase services contract is negotiated as a not-to-exceed
amount, all GMP savings resulting from a lower actual Project cost than anticipated
by the CMAR will revert to the City.
1.7 GUARANTEED MAXIMUM PRICE (GMP) REVIEW AND APPROVAL
A.
The CMAR will meet with the City and the Design Professional to review any GMP
Proposal(s) and review the written statement of its basis. In the event the City or
Design Professional discovers inconsistencies or inaccuracies in the information
presented, the CMAR will make adjustments as necessary to the GMP Proposal,
its basis, or both.
B.
Upon receipt of any GMP Proposal from the CMAR, the City may submit the same
documents that were used by the CMAR in developing its GMP to an independent
third party or to the Design Professional for review and verification. The third party
or Design Professional will develop an independent estimate of the Cost of the
Work and review the Project Schedule for the associated scope of the GMP
Proposals. If the CMAR’s GMP Proposal is greater than that of the independent
third party or Design Professional’s estimate, the City may require the CMAR to
reconfirm its GMP Proposal. The CMAR will accept the independent third party’s
or Design Professional’s estimate for the Cost of Work as part of its GMP Proposal
or present a report identifying, explaining and substantiating the differences within
seven (7) days of the City’s request.
C.
If design changes are required during the review and negotiation of GMP
Proposals, the City will authorize and cause the Design Professional to revise the
Construction Documents to the extent necessary to reflect the agreed-upon
assumptions and clarifications contained in the final approved GMP Proposal.
These revised Construction Documents will be furnished to the CMAR. The CMAR
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Project No: PB2502
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will promptly notify the Design Professional and the City in writing if any revised
Construction Documents are inconsistent with the agreed-upon assumptions and
clarifications.
D.
The CMAR guarantees to complete the Project at a cost that will not exceed the
final approved GMP Proposal amount. The CMAR assumes the responsibility for
paying any difference between the actual Cost of the Work and the GMP Proposal
amount.
E.
The CMAR may then be requested to, or at its own discretion, submit a revised
GMP Proposal for consideration by the City. At that time the City may do one of
the following, in its sole discretion:
1.
Accept the CMAR original or revised GMP Proposal, if within the City’s
budget, without comment.
2.
Accept the CMAR original or revised GMP Proposal that exceeds the City’s
budget, and indicate in writing to the CMAR that the Project Budget has
been increased to fund the differences.
3.
Reject the CMAR’s original or revised GMP Proposal in which event, the
City may terminate this Contract and elect to not enter into a separate
Contract with the CMAR for the construction phase associated with the
Scope of Work reflected in the GMP Proposal.
1.8 SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
A.
The CMAR will select major Subcontractors and major Suppliers, subject to first
obtaining the City’s approval. This may occur before or after submission of a GMP
Proposal. Major Subcontractors may be selected based on qualifications or a
combination of qualifications and price. Subcontractors must not be selected
based on price alone. Except as noted below, the selection of major
Subcontractors/Suppliers is the responsibility of the CMAR, but the City must
approve in writing the selection of all Subcontractors. In any case, the CMAR is
solely responsible for the performance of the selected Subcontractors/Suppliers.
The CMAR will prepare a Subcontractor/Supplier selection plan and submit the
plan to the City for approval or the CMAR may use the City’s plan as described in
Article 1.8(B) and (C). This Subcontractor selection plan will identify those
Subcontractor trades anticipated to be selected by qualifications only as provided
in Article 1.8(B) and those Subcontractor trades anticipated to be selected by
qualifications and competitive bid as provided in Article 1.8(C). This plan will also
identify those Subcontractors that will not be selected through a formalized
qualifications-based selection process. The Subcontractor selection plan must be
consistent with the selection requirements included in this Contract.
B.
Selection by qualifications only - The City may approve the selection of a
Subcontractor(s) or Suppliers(s) based only on their qualifications when the CMAR
can demonstrate it is in the best interest of the Project.
PROJECT Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
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1.
The CMAR will apply the approved Subcontractor selection plan approved
by the City in the evaluation of the qualifications of a Subcontractor(s) or
Supplier(s) and provide the City with its review and recommendation. The
selection plan will be the CMAR’s own selection plan approved by the City
or the City’s selection plan as provided in this Article 1.8(B).
2.
The CMAR will negotiate costs for services/supplies from the
Subcontractors/Suppliers under the approved qualifications only method.
3.
The CMAR may elect to comply with the following procedures in its
selection of Subcontractor(s) or Suppliers(s) based on qualifications only;
a.
The Request for Qualifications (RFQ) Will contain the best
description of the services or material desired; and
b.
A statement that only unpriced statements of qualifications will be
considered; and
c.
State the requirements for the project, such as drawings and
descriptive literature; and
d.
State the criteria for evaluating the qualifications; and
e.
A closing date and time for receipt of a statement of qualifications
and the location where, the statements should be delivered or
mailed; and
f.
A statement that discussions may be held; and
g. .
A statement that only statements of qualifications determined to be
acceptable will be considered for award.
4.
The RFQ may be amended after the submission of the statements of
qualifications. Any amendment will be distributed only to bidders who
submitted statements of qualifications. Those bidders will be permitted to
submit new unpriced statements of qualifications or to amend statements
already submitted.
5.
Statements of Qualifications will not be opened publicly but will be opened
in the presence of the CMAR. The contents of unpriced statements of
qualifications will not be disclosed to unauthorized persons.
6.
Statements of Qualifications will be evaluated solely in accordance with the
criteria stated ip the RFQ and will be determined to be either acceptable
for further consideration or unacceptable. A determination that the
statement is unacceptable will be in writing, state the basis of the
determination and be retained by the CMAR, The CMAR will notify the
bidder of the determination and the bidder will not be given an opportunity
to amend its statement of qualifications further.
Project Name: BOND PROJECT 34
Project No: PB2502
11565416v6 CMAROes (Rey. 5.6.2026)
FIRE STATION 604
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C.
D.
7.
The CMAR may conduct discussions with any bidder who submits an
acceptable or potentially acceptable statement of qualifications. During
discussions, the CMAR will not disclose any information derived from any
other bidder’s statement of qualifications.
8.
The CMAR will negotiate costs for services/supplies from the
Subcontractor/ Supplier selected under this method. Without first giving
written notice to the City, no change in the recommended Subcontractors/
Suppliers will be allowed.
Selection bv qualifications and competitive bid - The CMAR will apply the City’s
Subcontractor selection plan stated above if previously approved by the City in the
CMAR’s evaluation of the qualifications of Subcontractors/Suppliers by providing
the City with its process to prequalify prospective Subcontractors/Suppliers.
Selection may not be based on price alone. All Work for major Subcontractors and
major Suppliers will then be competitively bid to the prequalified Subcontractors
unless a Subcontractor or Supplier was selected in accordance with Article 1.8(B)
above. The CMAR may elect to comply with the following procedures in step 2 of
its competitive bid process.
1.
The CMAR will develop Subcontractor and Supplier interest, submit the
names of a minimum of three (3) qualified Subcontractors or Suppliers for
each trade in the Project and solicit bids for the various Work categories.
If there are not three (3) qualified Subcontractors/Suppliers available for a
specific trade or there are extenuating circumstances, the CMAR may
request approval by the City to submit less than three (3) names. Without
first giving written notice to the City, no change in the recommended
Subcontractors/ Suppliers will be allowed.
2.
If the City objects to any nominated Subcontractor/Supplier or to any self-
performed Work for good reason, the CMAR will nominate a substitute
Subcontractor/Supplier that is acceptable to the City.
3.
The CMAR will distribute Drawings and Specifications, and when
appropriate, conduct a pre-bid conference with prospective Subcontractors
and Suppliers. The CMAR will then review the price bids submitted by
Subcontractors and Suppliers and make its’ selection based on the
responsive and responsible bidder with the lowest price.
4.
If the CMAR desires to self-perform certain portions of the Work, it will
request to be one of the approved Subcontractor bidders for those specific
bid packages. The CMAR’s bid will be evaluated in accordance with the
process identified in the Invitation for Bids. If events warrant and the City
concurs that in order to insure compliance with the Project Schedule or
cost, the CMAR may self-perform Work without bidding or re-bidding the
Work. (For horizontal construction, as defined in A.R.S. § 34-101(16), the
CMAR must self-perform not less than 45% of the Work as required by
A.R.S. § 34-605(0).)
If after receipt of sub-bids or after award of Subcontractors and Suppliers, the City
objects to any nominated Subcontractor/Supplier or to any self-performed Work
PROJECT Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
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for good reason, the CMAR will nominate a substitute Subcontractor or Supplier,
preferably if this option is still available, from those who submitted Subcontractor
bids for the Work affected.
1.
Any higher costs due to the City’s rejection and substitution of a CMAR’s
nominated Subcontractor/Supplier or to any self-performed Work will be
reflected in the Total GMP. The CMAR’s proposed GMP for the Work or
portion of the Work will be correspondingly adjusted to reflect the higher
costs. The City at its sole discretion will either:
a.
Correspondingly increase the CMAR’s Total GMP; or
b.
Correspondingly decrease the City’s Project Contingency without
change to the CMAR’s Total GMP.
2.
Any lower costs due to the City’s rejection and substitution of a CMAR’s
nominated Subcontractor/Supplier or to any self-performed Work will be
added to the City’s Project Contingency.
3.
Under no circumstances will the City’s objection or comment on any
Subcontractor or Supplier relieve the CMAR of its sole responsibility for
control over the methods, means and processes by which the Work is
accomplished.
E.
The CMAR warrants that any material or service supplied to the City shall fully
conform to all requirements of this Contract and all representations of the CMAR,
and shall be fit for all purposes and uses required by this Contract.
F.
The CMAR warrants that the materials supplied under this Contract are free of
liens.
G.
The CMAR shall incorporate by reference the terms and conditions of this Contract
in any subcontract or supplier contract hereunder.
1.9 APPROVED ALTERNATES
A.
Plans and specifications may contain references to equipment or materials
(patented or unpatented) or "approved alternate(s)’’. These references will be
regarded as establishing a standard of quality, finish, appearance, performance or
as indicating a selection or design based upon compatibility with existing
equipment, materials, or details of construction inherent to the Project design.
These references will not be construed as limiting the selection to a specified item,
source, or design detail. The use of an alternate or substitute item or source as
an approved alternate will be permitted, subject to the provisions of this Article 1.9.
B.
The CMAR and the Contract Administrator will evaluate the information submitted,
perform tests when necessary and make comparisons in order to approve or reject
the Proposal. If rejected, the CMAR will give notice of rejection to the Bidder
submitting the Proposal.
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Project No: PB2502
11565416V6 CMAR Des (Rev. 5,6.2026)
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C.
The CMAR, if the Proposal is accepted, will issue a written addendum to the
Invitation for Bid specifying the approved alternates and distribute the modification
in the same manner as the original bidding documents.
D.
The Specifications may reference equipment or materials "or alternate". The
reference to "or alternate" will be construed to mean "or approved alternate" in
every instance. Use of an alternate or substitute item will be allowed only if
approval was received as outlined in this Article.
E.
Construction Document references to equipment, materials, patented processes
by manufacturer, trade name, make, or catalog number may be permitted, unless
indicated that no substitutes or alternates may be permitted, subject to the
following:
1.
The CMAR will certify that the substitution will perform the functions and
achieve the results called for by the general design, be similar and of equal
substance, and be suited to the same use as that specified.
2.
The submittal will state any required changes in the Construction
Documents to adapt the design to the proposed substitution.
3.
The submittal will contain an itemized estimate of ail costs and credits that
will result directly or indirectly from the acceptance of the substitution
including cost of design, license fees, royalties, and testing. The submittal
will also include any adjustment in the applicable Contract Time created by
the substitution. Substitutions will only be considered if they do not extend
the applicable Contract Time.
ARTICLE 2 - PERIOD OF SERVICES
2.0 The CMAR will perform preconstruction and design phase services in this Contract in
accordance with the terms and conditions of Article 1 and the most current update/revised
Project Schedule. Failure on the part of the CMAR to adhere to the Project Schedule
requirements for activities for which it is responsible will be sufficient grounds for
termination of this Contract by the City.
2.1 If the date of performance of any obligation or the last day of any time period provided for
falls on a Saturday, Sunday, or holiday for the City, then the obligation will be due and
owing, and the time period will expire, on the first day next which is not a Saturday, Sunday
or legal City holiday. Unless an exception is provided in this Contract, any performance
required will be timely made if completed no later than 5:00 p.m. (Local time) on the day
of performance.
ARTICLE 3 - CONTRACT PRICE AND PAYMENTS
3.0 CONTRACT PRICE
Based on the preconstruction phase services fee proposal submitted by the CMAR
and accepted by the City, attached hereto as Exhibit C and incorporated herein
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Project No: PB2502
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by reference, the City will pay the CMAR the Contract Price not to exceed
$108,056.00 as follows;
For the basic services, including but not limited to those described in Article 1,
the CMAR will receive a GMP not to exceed:
$98,056.00
Additional services and Allowances:
Total Contract Price, not to exceed;
3.1 PAYMENTS
$10.000.00
$108,056.00
A.
The City will make payment in accordance with A.R.S. §34 609, as amended.
Requests for morithly payments by the CMAR will be submitted to the Contract
Administrator on the City’s “Payment Request” form and will be accompanied by a
progress report, detailed invoices, and receipts, if applicable. Any Payment
Request, as defined in Article 8, will include, at a minimum, a narrative description
of the tasks accomplished during the billing period, a listing of any Deliverables
submitted, and copies of any Subcontractors’ requests for payment, plus similar
narratives and listings of Deliverables associated With their Work. Payment for
services negotiated as a lump sum wilt be made in accordance with the percentage
of Work completed during the preceding month. Services negotiated as a not-to-
exceed fee will be paid in accordance with the work effort expended on that service
during the preceding month.
B.
The fees for the CMAR and any Subcontractors will be based upon rate
schedule(s) attached as Exhibit C.
C.
In the event CMAR incurs expenses related to a delay for which the City is
responsible pursuant to A.R.S. §34-609(E), as amended, the CMAR and the City
will negotiate an equitable adjustment to the Project Schedule ahd/br Contract
Price. 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.
D.
The CMAR agrees that no charges or claims for costs or damages of any type will
be made by it for any delays or hindrances beyond the reasonable control of the
City during the progress of any portion of the services specified in this Contract.
Any delays or hindrances will be solely compensated for by an extension of time
for a reasonable period as may be mutually agreed between the parties. It is
agreed, however, that permitting the CMAR to proceed to complete any services,
in whole or in part, 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.
E.
If any service(s) executed by the CMAR is abandoned or suspended in whole or
in part, for a period of more than one hundred and eighty (180) days through no
fault of the CMAR, the CMAR is to be paid for the senrices performed before the
abandonment or suspension. If the City suspends the Work for one hundred and
eighty-one (181) consecutive days or more, the suspension Will be a Contract
termination for convenience.
PROJECT Name; BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416v6 CMAR Des (Rev. 5.6.2026)
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ARTICLE 4 - CITY’S RESPONSIBILITIES
4.0 The City, at no cost to the CMAR, will furnish the following information:
A.
One copy of data the City determines is pertinent to the Work. However, the CMAR
will be responsible for searching the records and requesting information it
considers reasonably required for the Project.
B.
All available data and information pertaining to relevant policies, standards,
criteria, studies, etc.
C.
The name of the City employee or City’s representative who will serve as the
Contract Administrator during the term of this Contract is stated in Article 5.12(A).
The Contract Administrator has the authority to administer this Contract and wiil
monitor the CMAR’s compliance with all terms and conditions stated in this
Contract. All requests for information from or decisions by the City on any aspect
of the Work or Deliverables will be directed to the Contract Administrator. The
Contract Administrator will provide the CMAR with prompt notice if the Contract
Administrator observes any failure on the part of the CMAR to fulfill its contractual
Obligations, including any default or defect in the Project or non-compliance with
the Drawings or Specifications. Change Orders may be authorized up to the limits
and as permitted by the City’s Procurement Code, as amended.
The City additionally will:
A. Contract separately with one or rriore Design Professionals to provide Design
Services for the Project. The scope of services for the Design Professional will be
provided to the CMAR for its information. The CMAR will have no right to limit or
restrict any changes of the Design Services that are bthenvise mutually acceptable
to the City and the Design Professional.
4.1
B.
Supply, without charge, all necessary copies of programs, reports, drawings, and
specifications reasonably required by the CMAR except for those copies whose
cost has been reimbursed by the City.
C.
Provide the CMAR With adequate information in its possession or control regarding
the City’s requirements for the Project.
D.
Give prompt written notice to the CMAR when the City becomes aware of any
default or defect in the Project or non-conformance with the Drawings and
Specifications.
E.
Notify the CMAR of changes affecting the budget allocations.
4.2 The City’s Contract Administrator vyill have authority to approve the Project Budget and
Project Schedule, and render decisions and furnish information the Contract Administrator
considers appropriate to the CMAR.
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Project No: PB2502
11565416v6 CMAR Des (Rev., 5.6.2026)
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ARTICLE 5 - CONTRACT CONDITIONS
5.0 PROJECT DOCUMENTS AND COPYRIGHTS
A.
City Ownership of Project Documents. All yvork products (electronically or manually
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 or Deliverables which are prepared in the
performance of this Contract (collectively referred to as “Project Documents”) are
to be and remain the property of the City and are to be delivered to the Contract
Administrator before the final payment is made to the CMAR; provided, however,
the CMAR is entitled to retain one record copy of all documents. But in the event
these Project Documents are altered, modified or adapted without the written
consent of the CMAR, which consent the CMAR will not unreasonably withhold,
the City agrees to hold the CMAR harmless to the extent permitted by law, from
the legal liability arising out of or resulting from the City’s alteration, modification or
adaptation of the Project Documents.
B.
CMAR to Retain Copyrights. The copyrights, patents, trade secrets or other
intellectual property rights associated with the ideas, concepts, techniques,
inventions, processes Or works of authorship pre-existing to this Contract or
developed or created by the CMAR, its Subcontractors or personnel, during the
course of performing this Contract or arising out of the Project will belong to the
CMAR.
C.
License to City for Reasonable Use. The CMAR grants, and will require its
Subcontractors to grant a license to the City, and its agents, employees, and
representatives for an indefinite period of time to reasonably use, make copies,
and distribute as appropriate the Project Documents, works or Deliverables
developed or created for the Project and this Contract. This license will also
include the making of derivative works, subject to the hold harmless provisions
described above. In the event that the derivative works require the City to alter or
modify the Project Documents, then Article 5.13 applies.
D.
Documents to Bear Seal. When applicable and required by state law, the CMAR
and its Subcontractors will endorse, by an Arizona professional seal, all plans,
works, and Deliverables prepared by them for this Contract, if any.
5.1
COMPLETENESS AND ACCURACY OF CMAR'S WORK
The CMAR 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 CMAR shall maintain all
applicable licenses and permits. The fact that the City has accepted or approved the
CMAR’s Work or Deliverables will in no way relieve the CMAR of any of its responsibilities
under this Contract, nor does this requirement to correct the Work or Deliverable constitute
a waiver of any claims or damages othen/vise available by law or Contract to the City.
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Project No: PB2502
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5.2
ALTERATION IN CHARACTER OF WORK
A.
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
modified Work begins, a Change Order or Contract Modification will be approved
and executed by the City and the CMAR 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.
B.
Additions to, modifications of, or deletions from the Project provided in this
Contract may be made, and the compensation to be paid to the CMAR may
accordingly be adjusted by mutual agreement of the contracting parties.
C.
No claim for extra Work done or materials furnished by the CMAR will be allowed
by the City except as provided in this Contract, nor will the CMAR 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 CMAR without first
obtaining written authorization will be at the CMAR’s sole responsibility, cost, and
expense, and the CMAR agrees that without first obtaining written authorization,
no claim for compensation for the Work or materials furnished will be made.
5.3
DATA CONFIDENTIALITY
A.
As used in the Contract, data means all information, whether written or verbal,
including plans, photographs, studies, investigations, audits, analyses, samples,
reports, calculations, internal memos, meeting minutes, data field notes, work
product, proposals, correspondence and any other similar documents or
information prepared by or obtained by the CMAR or others in the performance of
this Contract.
B.
The parties agree that all data, including originals, images, and reproductions,
prepared by, obtained by, or transmitted to the CMAR in connection with the
CMAR’s performance of this Contract are confidential and proprietary information
belonging to the City.
C.
Except for Subcontractors, Material and Equipment Suppliers, Consultants or
other like parties necessary to complete the Work or as required by the City, the
CMAR will not divulge data to any third party without first obtaining the written
consent of the City. The CMAR will not use the data for any purposes except to
perform the services required under this Contract. These prohibitions will not apply
to the following data:
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 CMAR’s possession legally and without restriction
before its performance under this Contract;
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Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
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5.4
3.
Data which was acquired by the CMAR in its performance under this
Contract and which was disclosed to the CMAR by a third party, who to the
best of the CMAR’s knowledge and belief, had the legal right to make the
disclosure and the CMAR is not otherwise required to hold the data in
confidence; or
4.
Data which is required to be disclosed by the CMAR by virtue of law,
regulation, or court.
D.
In the event the CMAR is required or requested to disclose data to a third-party, or
any other information to which the CMAR became privy as a result of any other
contract with the City, the CMAR will first notify the City, as provided in this Article,
of the request or demand for the data. The CMAR will timely give the City sufficient
facts, so that the City can have a meaningful opportunity to either give its consent
or take any action that the City may consider appropriate to protect the data or
other information from disclosure.
E.
The CMAR, unless prohibited by law, will promptly deliver, as stated in this Article,
a copy of all data in its possession and control to the City within ten (10) calendar
days after completion of services. All data will continue to be subject to the
confidentiality provisions of this Contract.
F.
The CMAR 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 CMAR, its employees, agents. Subcontractors,
Suppliers, or Subconsultants. Solely for the purposes of seeking injunctive relief,
it is agreed that a breach of this Article will be considered to cause irreparable
harm that justifies injunctive relief in court.
PROJECT STAFFING
A. Before the start of any Work or Deliverable under this Contract, the CMAR will
submit to the City an organization chart for the CMAR staff and Subcontractors
and detailed resumes of key personnel listed in its response to the City’s Request
for Qualifications or subsequent fee proposals (or any revisions), who will be
involved in performing the services described in this Contract. Unless otherwise
informed, the City acknowledges its acceptance of personnel to perform these
services under this Contract. In the event the CMAR desires to change any key
personnel from performing the services under this Contract, the CMAR will first
submit the qualifications of the proposed substituted personnel to the City for
approval. Key personnel will include, but are not limited to, principal-in-charge,
contract administrator, superintendent, project director, or those persons
specifically identified to perform services of cost estimating, scheduling, value
engineering, and procurement planning. The City will approve all key personnel,
and approval shall not be unreasonably withheld.
B. The CMAR will maintain an adequate number of competent and qualified persons,
as determined by the City, to ensure acceptable and timely completion of the scope
of services described in this Contract throughout the period of those services. If
the City objects, with reasonable cause, to any of the CMAR’s staff, the CMAR will
take prompt corrective action acceptable to the City and, if required, remove the
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personnel from the Project and replace or add new personnel acceptable to the
City.
5.5 INDEPENDENT CONTRACTOR
The CMAR is and will be an independent contractor. Neither party to this Contract shall
be deemed to be the employee or agent of the other party to the Contract. Whatever
measure of control the City exercises over the Work or Deliverable will be as to the results
of the Work only. No provision in this Contract will give or be construed to give the City
the right to direct the CMAR as to the details of accomplishing the Work or Deliverable.
CMAR’s performance of the Work of this Contract will be in accordance with all applicable
laws and ordinances. Upon request, the CMAR 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.
5.6
TERMINATION AND CANCELLATION
A.
The City has the right to terminate or cancel this Contract or abandon any portion
of the Project for which services have not been performed by the CMAR.
B.
Termination for Convenience. The City reserves the right to terminate this
Contract, in whole or in part at any time, at its sole convenience and discretion,
upon written notice given pursuant to this Contract. In the event of termination, the
CMAR will immediately stop all Work and will immediately cause any of its
Suppliers and Subcontractors to cease Work. Upon termination, the CMAR 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, and other Work and Deliverables entirely or partially
completed, together with all unused materials supplied by the City. The CMAR will
appraise the Work completed and submit an appraisal to the City for evaluation.
The City will have the right to inspect the CMAR's Work or Deliverables to appraise
the Work completed. The CMAR shall be entitled to receive just and equitable
compensation for the percentage of Work actually completed and materials
accepted before the effective date of the termination. This compensation will be
in the amount to be mutually agreed upon by the CMAR and the City, based on
the agreed Scope of Work. If there is no mutual agreement, the Contract
Administrator will determine the percentage of completion of each task detailed in
the Scope of Work and the CMAR’s compensation will be based upon this
determination. The City will make this final payment within sixty (60) days after the
CMAR has delivered the last of the partially completed items. The CMAR will not
be paid for any Work done after receipt of the notice of termination, nor for any
costs incurred by the CMAR’s Suppliers or Subcontractors, which the CMAR could
reasonably have avoided.
Cancellation for Cause. The City may also cancel this Contract or any part of it by
first giving seven (7) days written notice for cause in the event of any default by
the CMAR, or if the CMAR fails to comply with any of the terms and conditions of
this Contract. 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 CMAR will be entitled to amounts due and owing under this Contract
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C.
for Work performed through the date of termination, but will also be liable to the
City for any and all damages available under this Contract sustained by reason of
the default which gave rise to the cancellation.
In the event the CMAR is in violation of any applicable Federal, State, County or
City law, regulation or ordinance, the City may cancel this Contract immediately
upon giving notice and an opportunity to cure to the CMAR.
In the event the City cancels this Contract or any part of the services contracted
for, the City will notify the CMAR in writing, and immediately upon receiving this
notice, the CMAR will discontinue advancing the Work under this Contract and
proceed to close all operations, and the expenditure, if any, of costs resulting from
the abandonment or cancellation. Upon termination, or cancellation or
abandonment, and with the exception of one record copy the CMAR may retain,
the CMAR 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 at the City’s sole
responsibility. If through any cause, the CMAR fails to fulfill in a timely and proper
manner its obligations under this Contract, or if the CMAR violates any of the
provisions of this Contract, the City may withhold any payments to the CMAR for
the purpose of setoff until the exact amount of damages due the City from the
CMAR is determined by the parties or by a court of competent jurisdiction.
The City and the CMAR agree to the full performance of the covenants contained
in this Contract, except that the City reserves the right, at its discretion and without
cause, to terminate or abandon any or all services provided for in this Contract, or
abandon any portion of the Project for which services have been performed by the
CMAR.
D.
The CMAR, upon termination, cancellation, or abandonment, will promptly deliver
to the City all reports, estimates and other Work or Deliverables entirely or partially
completed, together with all unused materials supplied by the City.
E.
The CMAR will appraise the Work completed and submit an appraisal to the City
for evaluation. The City will have the right to inspect the CMAR's Work or
Deliverables to appraise the Work completed.
F.
The CMAR will receive compensation in full for services satisfactorily performed to
the date of termination or cancellation. The fee will be paid in accordance with
Article 3.1 of this Contract and will be an amount mutually agreed upon by the
CMAR and the City. If there is no mutual agreement, the final determination will
be made in accordance with Article 5.8. However, in no event will the fee exceed
that stated in Article 3 or any modification thereto. The City will make the final
payment within sixty (60) days after the CMAR has delivered the last of the partially
or otherwise completed Work items and the final fee has been agreed upon.
G.
If the City improperly cancels this Contract for cause, the cancellation for cause
will be converted to a termination for convenience in accordance with the
provisions of Article 5.6(B).
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5.7
FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for
Contract charges, the City may terminate this Contract at the end of the current fiscal
period. The City agrees to give written notice to the CMAR at least thirty (30) days before
the end of its current fiscal period and will pay the CMAR for all approved charges incurred
through the end of the period.
5.8
DISPUTES
In any unresolved dispute arising out of an interpretation of this Contract or the duties
required under this Contract, the final determination at the administrative level will be
made by the Contract Administrator.
5.9
WITHHOLDING PAYMENT
The City, in compliance with Title 34 of the Arizona Revised Statutes, reserves the right
to withhold funds from the City’s progress payments up to the amount equal to the claims
the City may have against the CMAR, until such time as a settlement on those claims has
been reached.
5.10
AUDIT AND INSPECTION
A.
Records of the CMAR’s direct personnel payroll, reimbursable expenses related
to this Project and records of accounts between the City and the CMAR will be
kept 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 to the CMAR, the City, its authorized representative, or
the appropriate federal agency, reserve the right to audit the CMAR’s records to
verify the accuracy and appropriateness of all pricing data, including data used to
negotiate this Contract and any Change Orders. The City reserves the right to
decrease the Contract Price or payments made on this Contract if, upon audit of
the CMAR’s records, the audit discloses the CMAR has provided false, misleading,
or inaccurate cost and pricing data. If an audit in accordance with this Article,
discloses overcharges, of any nature, by the CMAR to the City in excess of one
percent (1%) of the total contract billings, the actual cost of the City’s audit will be
reimbursed to the City by the CMAR. Any adjustments or payments which must
be made as a result of any audit or inspection of the CMAR’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 CMAR.
B.
The CMAR will include a provision similar to this Article 5.10 in all of its Contracts
with Subconsultants, Subcontractors, and Suppliers providing services under this
Contract to ensure the City, its authorized representative, or the appropriate
federal agency, has access to the records of its Subconsultants, Subcontractors,
and Suppliers to verify the accuracy of cost and pricing data. The City reserves
the right to decrease the Contract Price or payments made on this Contract if the
above provision is not included in Subconsultant, Subcontractor, and Supplier
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C.
contracts and one or more of those parties do not allow the City to audit their
records to verify the accuracy and appropriateness of pricing data.
This audit provision includes the right to inspect personnel records as required by
Article 7.
D. City may, at reasonable times, inspect the place of business of the CMAR or its
Subcontractor(s) that is related to the performance of this Contract.
5.11
INDEMNIFICATION
‘ To the fullest extent permitted by law, the CMAR, its successors, assigns and guarantors,
up the assertion of a claim, will 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, attorney fees, court costs, and the cost of appellate
proceedings, and all claim adjusting and handling expense, investigation and litigatipn, 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 negligence, recklessness, or intentional wrongful conduct to
the extent caused by the CMAR or any of its owners, officers, directors, agents, employees
performing work or sen/ices under this Contract, including but not limited to, any
Subcontractor or anyone directly or indirectly employed by ariy of them or anyone for
whose acts any of them may be liable and any injury or damages by any of the CMAR
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 CMAR 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 ail instances, except
for Claims arising solely from the negligent or willful acts or omissions of the City, be
indemnified by the CMAR from and against any and all claims. It is agreed that the CMAR
will be responsible for primary investigation, defense, and judgment costs where this
indemnification is applicable. In consideration of the award of this contract, the CMAR
agrees to waive all rights of subrogation against the City, its officers, agents, and
employees for losses arising from the work performed by the CMAR for the City.
Insurance provisions in this Contract are separate and independent from the indemnity
provisions of this Section and shall not be construed in any way to limit the scope and
magnitude of the indemnity provisions. Nothing in this paragraph shall limit the
responsibility of the CMAR’s insurer to pay the City for valid claims that are covered by
the CMAR’s insurance policy. The indemnity provisions of this Section shall not be
construed in any way to limit the scope and magnitude and applicability of the insurance
provisions.
5.12
NOTICES
A. All notices or demands required by this Contract must be given to the other party
in writing, delivered by hand or by registered or certified mail at the addresses
stated below, or to any other address the parties may substitute by giving written
notice as required by this section.
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To City:
Copy to:
City of Scottsdale
Purchasing Department
9191 E. San Salvador
Scottsdale, Arizona 85258
ToCMAR:
City of Scottsdale
Nate Crovyell, Contract Administrator
Transportation & Infrastructure
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
To Design Professional:
Willmeng Construction, Inc.
1702 E Highland Ave, Suite 450
Phoenix, AZ 85016
Perlman Architects
2929 N Central Ave.
Phoenix, AZ 85012
B. Notice by facsimile or electronic (e-mail) will not be considered adequate notice as
required in this Contract.
5.13 INTELLECTUAL PROPERTY
A.
The CMAR will pay all royalties and license fees associated with its performance
of services under this Contract.
B.
To the extent permitted by law, the CMAR shall indemnify and hold harmless the
City against any liability, including costs and expenses, for infringement of any
patent, trademark, or copyright arising out of Contract performance or use by the
City of materials furnished or work performed under this Contract.
C.
The CMAR will 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,
issued now or at some later date. The City will give prompt written notice to the
CMAR of any action or proceeding and will reasonably provide authority,
information and assistance in the defense of the action. The CMAR will defend,
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 CMAR in any action or proceeding. The
CMAR agrees to keep the City informed of all developments in the defense of the
actions. The City may be represented by, and actively participate through its own
counsel in any suit or proceedings if it so desires.
D.
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 CMAR
will at its sole expense take reasonable steps to procure the right to operate or use
the Work. If the CMAR cannot procure this .right within a reasonable time, the
CMAR will promptly, at the CMAR’s option and at the CMAR’s expense, (a) modify
the Work so as to avoid infringement of any patent or copyright or (b) replace the
Work with Work that does not infringe or violate any patent or copyright.
E.
Articles 5.13(C) and 5.13(D) above will not be applicable to the extent any suit,
claim or proceeding based on infringement or violation of a patent or copyright (a)
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relating solely to a particular process or product of a particular manufacturer
specified by the City and not offered or recomnriended by the CMAR to the City or
(b) arising from modifications to the Work by the City or its agents after acceptance
of the Work, or (c) relating to the copyrights of any specification, drawing, or any
Design Services provided by the City, the Design Professional, any Consultant
retained by the City, or by a Subcontractor or Supplier.
F. The obligations stated in this Article 5.13 will constitute the sole Contract between
the parties relating to liability for infringement or violation of any patent or copyright.
5.14 GONFLIGT OF INTEREST
A.
To evaluate and avoid potential conflicts of interest, the CMAR will provide written
notice to the City, as stated in this Article, of any Work or services performed by
the CMAR 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 CMAR for a third-party or
seven (7j business days before an adverse action as defined below. Written notice
and disclosure will be sent to the Contract Administrator.
B.
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
an administrative or judicial action against the City; and
3.
Using data to produce income for the CMAR or its employees
independently of performing the services under this Contract, without first
obtaining the written consent of the City.
C.
The CMAR represents that except for those persons, entities and projects
identified to the City, the.services to be performed by the CMAR 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.
D.
The CMAR’s failure to provide a written notice and disclosure of the information as
stated in this Article on Conflicts of Interest will constitute a material breach of this
Contract.
E.
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, ah 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
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effective when alj other patties to the contract receive the City’s written notice
unless the notice specifies a later time.
5.15
CONTRACTOR'S LICENSE
Before any award of this Contract, the CMAR must provide to the City its Contractor's
License Classification and number and its Federal Tax I.D. number and Federal W-9
Form.
5.16
SUCCESSORS AND ASSIGNS
This Contract will extend to and be binding upon the CMAR, its successors and assigns,
including any individual, company, partnership, or other entity with or into which the CMAR
will merge, consolidate, or be liquidated, or any person, corporation, partnership, or other
entity to which the CMAR will sell its assets, except that sen/ices 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.
5.17
FORCE 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 performance 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; dr 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.
5.18
TAX INDEMNIFICATION
The fee listed in this Contract includes any and all taxes applicable to the activities under
this Contract. The City will have no obligation to pay additional amounts for taxes of any
type. The CMAR, its Subcontractors, Subconsultants and Suppliers, shall pay all Federal,
state and local faxes applicable to its operation and any persons employed by the CMAR,
its Subcontractors, Subconsultants and Suppliers, except as may be otherwise provided
in this Contract. The CMAR shall, and also require its Subcontractors, Subconsultants
and Suppliers to hold the City harmless from any responsibility for taxes, damages and
interest, if applicable, contributions required under Federal, and/pr state and local laws
and regulations and any other costs including transaction privilege taxes, unemployment
compensation insurance. Social Security and Worker’s Compensation.
5.19 NON-WAIVER PROVISION
Either party’s failure to insist on strict performance 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.
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5.20 GOVERNING LAW AND VENUE
This Contract 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. An action to enforce any provision of this Contract or to obtain
any remedy will be brought in the Superior Court, Maricopa County, Arizona. Such action
must be filed, tried and remain in this Court for any and ail proceedings. For this purpose,
each party 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.
5.21
SURVIVAL
Except as expressly agreed herein, all warranties, representations and indemnifications
by the CMAR.will survive the completion, expiration, and/or termination of this Contract.
5.22
MODIFICATION
The Contract Documents may not be changed, altered, or amended in any way except as
consistent with the City of Scottsdale Procurement Code, as amended.
5.23
SEVERABILITY
If any provision of the Contract Documents or its 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;, 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 CMAR shall, within
ten (10) days after such notice, negotiate in good faith to resolve any issues related to the
severed provision(s).
5.24
ENTIRE AGREEMENT
The Contract Documents form the entire Contract between the City and the CMAR. No
oral representations or other Contracts have been made by the parties except as
specifically stated in the Contract Documents. Each 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.
5.25
TIME IS OF THE ESSENCE
Time of each of the terms, covenants, and conditions of this Contract is expressly made
of the essence.
5.26
THIRD PARTY BENEFICIARY
All duties and responsibilities undertaken in compliance with this Contract are for the sole
and exclusive benefit of the City and the CMAR and not for the benefit of any other party.
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In no event will any contractual relationship be created or be construed to be created as
between any third-party and the City as a result of this Contract.
5.27 COOPERATION AND FURTHER DOCUMENTATION
The CMAR agrees to provide the City any other properly executed documents as may be
reasonably requested by the City to implement the intent of this Contract.
5.28
CONFLICT IN LANGUAGE
The performance of all services, Work or Deliverables pursuant to this Contract will
conform to all applicable City of Scottsdale codes, ordinances and requirements as
outlined in this Contract and consistent with the Scope of Work described herein. If there
is a conflict in interpretation between provisions in this Contract and any Exhibits, the
provisions in this Contract will prevail.
5.29
ATTORNEY’S 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 of default, the prevailing party will be
entitled to receive from the other party reasonable attorney’s fees and reasonable costs
and expenses, determined by the court sitting without a jury, which will be considered to
have accrued on the commencement of the action and will be enforceable whether or not
the action is prosecuted to judgment.
5.30
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.
5.31
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 CMAR-
ARTICLE 6 - INSURANCE
6.0 INSURANCE REQUIREMENTS
I
A. Concurrently with the execution of this Contract, the CMAR must furnish the City
a standard insurance industry ACORD form. The ACORD form must be issued by
an insurance company authdrized 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.
B. The CMAR, Subcontractors and Subconsultants must procure and maintain until
all of their obligations haye been discharged, including any warranty periods under
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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 CMAR, his agents, representatives, employees, or
Subcontractors.
C. The insurance requirements are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract.
P. The City in no way warrants that the minimum limits contained in this Contract are
sufficient to protect the CMAR from liabilities that might arise out of the
performance of the services contracted for under this Contract by the CMAR, his
agents, representatives, employees. Subcontractors or Subconsultants and the
CMAR is free to purchase any additional insurance as may be determined
necessary. The City will not pay for higher limits, but if the CMAR pays for
insurance with higher limits, the CMAR will name the City as an additional insured
on any of this insurance.
E.
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 rnust 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.
F.
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 CMAR is solely responsible for any deductible or self-
insured retention amount. The City, at its option, may require the CMAR 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.
6.1 MINIMUM SCOPE AND LIMITS OF INSURANCE
The CMAR must provide coverage at least as broad and with limits of liability not less than
those stated below.
A.
Commercial General Liability-Occurrence Form
General Aggregate
Products-Completed Operations Aggregate
Personal & Advertising Injury
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$2,000,000
$2,000,000
$2,000,000
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B.
C.
D.
Each Occurrence
Fire Damage (Any one fire)
Medical Expense (Any one person)
$2,000,000
$100,000
Optional
CMAR 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.
Automobile Liabilitv-Anv Auto or Owned. Hired and Non-Owned Vehicles
Combined Single Limit Per Accident
For Bodily Injury and Property Damage
$1,000,000
CMAR must maintain Business/Automobile Liability insurance with a limit of
$1,000,000 each accident on CMAR owned, hired, and non-owned vehicles
assigned to or used in the performance of the CMAR’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.
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
CMAR must maintain Workers Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of CMAR 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, employees, and volunteers for losses arising from Work
performed by the CMAR for the City.
Coverage Terms 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 CMAR including the City's general supervision of CMAR,
products and completed operations of CMAR, and automobiles owned,
leased, hired, or borrowed by CMAR.
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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 CMAR 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 CMAR 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 CMAR for the City.
7.
For all insurance policies required under this Contract, if the CMAR
receives notice that any of the required policies of insurance are materially
reduced or cancelled, it will be CMAR’s responsibility to provide prompt
notice to the Contract Administrator for the City, unless such coverage is
immediately replaced with similar policies.
8.
Unless CMAR’s Subconsultants and Subcontractors can provide the same
level of coverage as detailed in this Article 6.1 and name the City and
CMAR as Additional Insureds, CMAR’s certificates must include all
Subcontractors and Subconsultants as insureds under its policies or CMAR
must maintain separate certificates and endorsements for each
Subcontractor and Subconsultant. All coverages for Subcontractors and
Subconsultants must be in the amounts shown in this Article 6.1, 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.
The CMAR, 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 CMAR 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
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naming the City of Scottsdale, its agents, representatives, officers,
directors, officials and employees as Additional Insured as required.
10.
The Commercial General Liability policy will be at least as broad as the
Insurance Service Office, Inc.’s CG 0 0 01 07 98.
11.
The CMAR’s Insurance must contain broad form contractual liability
coverage and niust not exclude liability arising out of explosion, collapse,
or underground property damage hazards (“XCU") coverage.
6.2 OTHER INSURANCE REQUIREMENTS
The policies are to contain, or be endorsed to contain, the following provisions:
A.
Contractors Professional Liability. The CMAR must carry Contractors Professional
Liability insurance to cover the residual, contingent, and passive design exposures
of the CMAR. The CMAR must carry limits of $1,000,000 each Project and
$2,OOO,0OO in the Aggregate under a stand-alone policy or included by
endorsement under the Commercial General Liability policy. The CMAR, 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 CMAR, or the 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 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.
B.
Builders Risk-Installation Insurance (Course of Construction). Builders Risk-
Installation and/or Boiler and Machinery Insurance coverage to be provided by the
CMAR as determined necessary by the City prior to the start of construction.
The CMAR 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 CMAR 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 rnuSt provide coverage from the time any covered property
comes under the CMAR’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
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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 CMAR must also purchase and 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
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 CMAR will be responsible for any and all deductibles and the City must also
be named as a Loss Payee under these policies. The CMAR’s insurance must be
primary and not contributory; and waive all rights of subrogation against the City
of Scottsdale, its officer, officials and employees. CMAR’s insurance must name
the City of Scottsdale, the CMAR 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 will not be canceled or materially altered without at least thirty (30)
days advance notice to the City. The CMAR 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 insurable interest in the property required to be covered.
6.3
NOTICE OF CANCELLATION
If the CMAR receives notice that any of the required policies of insurance are materially
reduced or cancelled, it will be the CMAR’s responsibility to provide prompt notice to the
City’s Contract Administrator, 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 until thirty (30) days written notice has first been
given in accordance with Article 5.12, herein.
6.4
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers properly licensed or approved unlicensed
companies in the State of Arizona and with an A. M. Best’s rating of no less than B++6.
The City in no way warrants that the above required minimum insurer rating is sufficient
to protect the CMAR from potential insurer insolvency. Failure to maintain insurance as
required may result in termination of this Contract at the City’s sole discretion.
6.5
VERIFICATION OF COVERAGE
A. The CMAR 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 for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its
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behalf. Any policy endorsements that restrict or limit coverages must be clearly
noted on the Certificate of Insurance.
B.
All certificates and endorsements are to be received and approved by the City
before the Project commences, except for Builders Risk-Installation Insurance.
Each insurance policy required by this Contract must be in effect on or before the
earlier of commencement of Work or the signing of this Contract, except for
Builders Risk-Installation Insurance which, if required by the City, must be in effect
before the start of Work and remain in effect for the duration of the Project. Failure
to maintain the insurance policies as required by this Contract or to provide
evidence of renewal is a material breach of contract.
C.
All Certificates of Insurance required by this Contract must be sent directly to the
City of Scottsdale, Capital Project Management. 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. Failure to provide a Certificate of Insurance
with the appropriate verbiage will result in rejection of CMAR’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.
6.6 APPROVAL
Any variation from the requirements in this Article 6 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.
ARTICLE 7 - FEDERAL AND STATE LAW
7.0 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
The CMAR 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 CMAR 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.
The CMAR 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 CMAR’s labor and employment practices.
CMAR agrees to comply with these laws in performing this Contract and to permit the City
to verify compliance. CMAR further agrees that any violation of provision on the part of
CMAR, its employees, agents or assigns will constitute a material breach of this Contract.
CMAR 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.
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CMAR will include the terms of this provision in all contracts and subcontracts for Work
performed under this Contract, including supen/ision and oversight.
Under the provisions of A.R.S. §41-4401 and Exhibit D. the CMAR warrants to the
City that the CMAR and all its Subcontractors will comply with all Federal
Immigration laws and regulations that relate to its employees and that the CMAR
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 CMAR or any of its Subcontractors will be considered a
material breach of this Contract and may subject the CMAR or Subcontractor to penalties
up to and including termination of this Contract or any subcontract.
The City retains the legal right to inspect the papers of any employee of the CMAR or any
Subcontractor who works on this Contract to ensure that the CMAR or any Subcontractor
is complying with the warranty given above.
The City may conduct random verification of the employment records of the CMAR and
any of its Subcontractors to ensure compliance with this warranty. The CMAR 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 related to the performance of the Work.
The City will not consider the CMAR or any of its Subcontractors in material breach of this
Contract if the CMAR and its Subcontractors establish 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 CMAR enters into with
any and all of its Subcontractors who provide services under this Contract or 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
CMAR will take appropriate steps to assure that all Subcontractors comply with the
requirements of the E-Verify Program. The CMAR’s failure to assure compliance by ail
its’ Subcontractors with the E-Verify Program may be considered a material breach of this
Contract by the City.
7.1 EQUAL EMPLOYMENT OPPORTUNITY
For the duration of this Contract, CMAR 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 npt 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 CMAR compliance with the policies
contained therein. CMAR agrees that any violation of provision on the part of CMAR, its
employees, agents or assigns will constitute a material breach of this Contract.
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7.2
The CMAR will include the terms of this provision in all contracts and subcontracts for
work performed under this Contract, including supervision and oversight. The CMAR will,
in all solicitations or advertisements for employees placed by or on behalf of the CMAR,
state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
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, CMAR 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.
7.3 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.
CMAR acknowledges that, pursuant to 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. CMAR shall
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; provided,
however, that CMAR shall not be responsible for violations that occur based on the
drawings, specifications, or other Design Documents provided by the City, the City’s
consultants, or the Design Professional. CMAR agrees not to discriminate against
disabled persons in the provision of services, benefits or activities provided under this
Contract and further agrees that any violation of this prohibition on the part of CMAR, its
employees, agents, or assigns will constitute a material breach of this Contract.
7.4
NO BOYCOTT OF ISRAEL
By executing this Contract, the CMAR 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.
7.5 FORCED LABOR PROHIBITIONS
Pursuant to A.R.S. § 35-394, as amended, CMAR 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
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services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
If CMAR becomes aware during the term of this Contract that CMAR is not in compliance
with this Section, CMAR shall notify the City within five (5) business days after becoming
aware of the noncompliance. The failure of CMAR to provide a written certification that
CMAR 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.
7.6 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 8 - TERMS AND DEFINITIONS
Addenda - 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 CMAR for items or services which may
added to the GMP Proposal to complete the Work.
Alternate Systems Evaluations - 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.
Change Order - means a written order signed by authorized representatives of the City and
CMAR and which approves changes in the cost or time of the Work, including changes in 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 soiely by the
City and will be in addition to the Project costs included in the GMP Proposal.
Construction Manager at Risk- means a project delivery method as defined in A.R.S. §34-101,
as amended.
Contract Administrator - means the person designated in Article 5.12. The Contract Administrator
will serve as the CMAR’s primary point of contact with the City, monitor CMAR’s performance.
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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 CMAR will direct any reports and/or special requests to the
Contract Administrator.
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 - A negotiated fixed fee for the CMAR’s administrative costs, home office
overhead, and profit, whether at the CMAR’s principal or branch offices. This includes the
administrative costs and home office costs and any limitations or exclusions that may be included
in the General Conditions for the construction phase.
Construction Services - as used in this Contract is defined in A.R.S. §34-101, as amended.
Contract Documents - means the following items and documents in descending order of
precedence executed by the City and the CMAR: (i) all written Contract Modifications, Addenda
and Change Orders; (ii) the Construction 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 CMAR for
changes to this Contract consistent with the City of Scottsdale Procurement Code, as amended.
Contract Price - The final approved not-to-exceed budget for this Contract as identified in Article
3,
Contract Timefsl - The number of days or the dates for competition of the Work subject to
adjustment in accordance with this Contract.
Cost of the Work (Direct Costs) - means the direct costs necessarily incurred by the CMAR in the
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, materials testing, and warranty of the work together with self-performed work that the
CMAR established in the Subcontractor Selection Plan. The Cost of Work does not include the
CMAR’s Indirect Costs.
Day - Calendar day(s) unless otherwise specifically noted in the Contract Documents.
Deliverables - The work products prepared by the CMAR in performing the Scope of Work
described in Exhibit A of this Contract. Major Deliverables to be prepared and provided by the
CMAR during the preconstruction 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 Contracts, and others as indicated in this Contract or
required by the Project Team.
Design Services - as used in this Contract is defined in A.R.S. §34-101, as amended.
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Design Team or Design Professional - refers to licensed design professionals, as defined in
A.R.S. §34-101 as amended, that have been selected to work on the Project by the City. The
Design Team has a services contract to furnish the design and may or may not provide
professional inspections for the Project. The Design Team is led by Gerrald Adams.
Drawings (Plans) - Documents which visually represent the scope, extent, and character of the
Work to be furnished and performed by the CMAR during the construction phase and which have
been prepared or approved by the Design Professional and the City. Drawings include
documents that have reached a sufficient stage of completion and released by the Design
Professional solely for the purposes of review or use in performing constructability or biddability
reviews and in preparing cost estimates (e.g. conceptual design Drawings, preliminary design
Drawings, detailed design Drawings at 30%, 60%, 90% or 100%), but "not for construction”.
Drawings do not include shop drawings.
Effective Date of this Contract - 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.
Financial Services - as used in this Contract is defined in A.R.S. §34-101, as amended.
General Conditions Costs - Negotiated indirect costs of the Work necessarily incurred by the
CMAR, including but is 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 CMAR 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
CMAR and City.
GMP Plans and Specifications - means the documents used to establish the GMP and made part
of this Contract by reference.
Guaranteed Maximum Price or GMP is the maximum cost for the Work, as more fully described
in Article 1.5 of this Contract. The CMAR agrees to complete the Work for this amount or less.
Costs which would cause the GMP to be exceeded shall be paid by the CMAR without
reimbursement by the City.
Guaranteed Maximum Price (GMP) Proposal - is the offer or proposal of the CMAR submitted on
the prescribed form stating the total itemized dollar amount negotiated between the City and
CMAR for the Work or portions of the Work to be performed during the preconstruction phase or
portions of the Work to be performed throughout all phases. The GMP Proposal(s) are to be
developed in compliance with Article 1.6 of this Contract.
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 CMAR Construction Fee and Taxes.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
Page 38 Of 41
19246549
Contract No. 2026-087-COS
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.
Maintenance Services - as used in this Contract is defined in A.R.S. §34-101, as amended.
Notice-to-Proceed - A written notice given by the City to the CMAR fixing the date on which the
CMAR will start to perform the CMAR’s obligations under the Construction Services Contract.
Operations Services - as used in this Contract is defined in A.R.S. §34-101, as amended.
Payment Request - The form that is accepted by the City and used by the CMAR 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 Services or Preconstruction Phase Services - means services and other
activities during the design phase, as defined in A.R.S. §34-101 as amended, that may include
the following services: design review, project scheduling, constructability reviews. Alternate
Systems Evaluation, cost estimates, GMP preparation, and subcontractor bid phase services.
Project - means the Work to be completed in the execution of this Contract as described in the
Recitals and in Exhibit A, attached hereto.
Project Team - Preconstruction phase services team consisting of the Design Professional, the
CMAR, the Contract Administrator, the City’s representatives and other stakeholders who are
responsible for making decisions regarding the Project.
Samples - Physical examples that illustrate materials, equipment, or workmanship representative
of a part of the construction phase Work and which establish the standards by which that portion
of the construction phase 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 otherwise 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 - means drawings, diagrams, schedules and other data specially prepared for the
Work by the CMAR or a Subcontractor. Sub-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 CMAR will include in its
contract with Subcontractors the street or physical address of the construction site.
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
Page 39 Of 41
19246549
Contract No. 2026-087-COS
Specifications - The section(s) of the Contract Documents for the construction phase consisting
of written technical descriptions of materials, equipment, construction systems, standards, and
workmanship as applied to the Work and certain applicable administrative details.
Subcontractor or Subconsultant - means a person or firm having a direct contract with the CMAR
or any other person or firm having a contract with the CMAR at any tier, who undertake to perform
a part of the Work for which the CMAR is responsible. All Subcontractors, Subconsultants and
Suppliers must be selected in accordance with the subcontractor and major supplier selection
provisions of Article 1.8.
Substantial Completion - 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 the Project
for its intended purposes. This may include, but is not limited to: (a) approval by the City Fire
Marshall and local authorities (Certificate of Occupancy): (b) issuance of elevator permit; (c)
demonstration to the City that all systems are in place, functional, and displayed to the City or its
representative; (d) installation of all materials and equipment; (e) City review and acceptance of
all systems: (f) City review and acceptance of draft O&M manuals and record documents; (g) City
operation and maintenance training completed; (h) HVAC test and balance completed [provide
minimum 30 days before the projected substantial completion]; (i) completed landscaping and
Site work; and G) final cleaning.
Supplier - means a manufacturer, fabricator, supplier, distributor, material man or vendor having
a direct contract with the CMAR 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 services and documents as required by the Contract Documents.
[END OF TEXT- SIGNATURE PAGE TQ FOLLOW]
Project Name; BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416V6 CMAR Des (Rev. 5.6.2026)
Page 40 Of 41
19246549
Contract No. 2026-087-COS
THE CITY OF SCOTTSDALE, by its Mayor and City Clerk have subscribed their names this
_____day of____________________ , 20___.
CITY OF SCOTTSDALE,
an Arizona municipal corporation
CONTRACTOR:
Willmeng Construction, Inc.,
an Arizona corporation
By:
Lisa Borowsky, Mayor
ATTEST:
By:_
Name:
Title:
Ben Lane, City Clerk
REVIEWED BY:
Nate Crowell
City Contract Administrator
Jenn Myers, MPA, CPPO, NIGP-CPP, CPPB
Purchasing Director
Alison Tymkiw, Senior Director - City Engineer
George Woods, Safety & Risk Management Director
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Lui^E. Santaella, City Attorney
By: Lydia Tulin, Assistant City Attorney
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2502
11565416v6CMARDes (Rev. 5.6.2026)
Page 41 Of41
19246549
wiumeng
Exhibit A
AZ ROC B-01 082904
Summary of Services Provided by Willmeng:
The following services are included for each stage of the pre-construction phase (30%SD through 90% GMP)
1. Scheduling:
a.
Create and Manage Master Schedule (Pre-Con Phase and Construction Scope)
b.
To be completed in critical path format
c.
Additional phasing or abbreviated schedules help convey a concept or approach.
2.
Phasing:
a. Develop Construction Phasing Plans including options as needed.
3. Site Logistics Planning
a.
Identify ingress/egress points for construction.
b.
Identity laydown yards and construction office specifics.
c.
Identify areas for material and equipment staging.
4.
Meetings
a. Attend any and all meetings for the project.
5.
Cost Estimates and Budgeting
a. Develop Cost Estimates as needed for each stage of the plans.
i. Review of existing as-built information.
ii. Confirm dimensions, heights and existing conditions and convey back to design team.
iii. Conduct meetings with owner, design, and engineering teams to gain complete
understanding of design intent, project goals and key stakeholders.
iv. Engage critical trade contractors for cost, value, and constructability feedback.
V. Review initial owner budget estimate.
vi. Hold cost reconciliation meetings at design milestones with City of Scottsdale.
6.
Development of GMPs
a.
Identify GMP deiivery schedule with council approval dates.
b.
Provide detailed GMPs with all necessary back-up.
c.
Utilize approved subcontractor selection process.
7. Constructability and Value Engineering Reviews
a.
Review all plans sets / concept ideas and provide constructability input.
b.
Develop a risk registry throughout the design process and review to mitigate risks.
c.
We will lead a structured value engineering (VE) effort throughout design and preconstruction,
establishing a cost plan early, performing iterative estimates at each milestone, identifying high-
cost scope drivers, and proposing alternates that preserve performance (materials, systems,
detailing, and constructability).
d.
We wili validate pricing with subcontractor/bidder input, align scope to the budget through option
analysis log tracking and owner decisions reviewed at design OAC meetings, and maintain
budget control via continuous cost-to-design reconciliation, scope change management, and
targeted contingency recommendations untii the project is fuliy bought out within the approved
budget.
e.
Provide owner requested alternate options when applicabie.
8. Subcontractor Utilization and Selection
a.
Follow subcontractor selection plan for each GMP submission (as defined in our RFQ response
which foiiows A.R.S. Title 34-procurement)
b.
Develop trade-specific scopes of work.
c.
Complete trade contractor pre-qualification.
9. Utility Coordination Assistance
a. Coordinate with utility owners as necessary to ensure ail systems are protected, remain active,
and our considered in relation to the existing vs. proposed systems.
10. Project Specific Safety and Quality Control Plan
a. Develop a project specific plan that incorporates site specific safety hazards and mitigation
efforts.
Exhibit A, Contract 2026-087-COS
Page 1 of 2
AZ ROC B-01 082904 11702 E Highiand Ave., Suite 400 | Phoenix, AZ 85016
wiiimeng
AZ ROC B-01082904
11. Stakeholder Coordination
a.
Consider stakeholder needs and incorporate them into our construction planning/phasing
approach.
b.
Assist in development of construction updates (narratives).
c.
Communicate with stakeholders as needed and directed by the city.
d. Coordinate with the Fire Chief and Fire Department to ensure construction planning and
phasing align with operational requirements and emergency access needs.
e.
Collaborate with the design team to ensure construction approaches reflect design intent and
incorporate any updates or revisions throughout the project.
12. Site and Building Investigations (Allowances)
a. Work allowances listed above may or may not be needed depending on further collaboration with
the City of Scottsdale and the needs for each allowance.
i. Exterior Site Utility Location fPotholinot: Survey and some light backhoe/vac truck
excavation to identify actual elevation of various utilities needed to confirm depth of
utilities for construction.
Clarifications:
•
There are no construction activities included within this proposal.
•
We have included three rounds of pricing (schematic 30%, design development 60% and contract
documents 90% GMP).
•
An unlimited number of potholes or investigation efforts are not included. Only a relevant amount up to
the noted allowance amounts are included.
•
The pre-construction start date is estimated June of 2026 with anticipated construction start date of
December of 2026.
•
Demo is estimated to start December of 2026.
Relevant Exclusions:
a.
Design and engineering
b.
Geotechnical exploration
c.
Hazardous material surveys
d.
All permitting.
e.
Third party designs
f.
LEED consulting
Exhibit A, Contract 2026-087-COS
Page 2 of 2
AZ ROC B-01 082904 11702 E Highland Ave., Suite 400 | Phoenix, AZ 85016
Contract No. 2026-087-COS
EXHIBIT B
SUBMITTAL REQUIREMENTS FOR THE GMP PROPOSAL(S)
GMP submittal, one copy for review.
Two (2) copies will be requested by the Capital Project Management prior to contract execution.
GMP Cost Model Exhibit Contents:
1.
Scope of Work
2.
Summary of the GMP
3.
Schedule of Values - Direct and Indirect cost summary: Unit prices and quantity
take-offs using the City’s standard pay items; Details of all Alldwances and unit price
work shown and specified in the detailed design documents; All fixed equipment, site
improvements, and utility and equipment installations; Field Office overhead; Home
Officer overhead; Bonds, taxes, insurance; The CMAR Contractor’s fee (percentages for
self-performed work and subcontractor work when different).
4.
List of Plans and Specifications used for GMP Proposal
5.
List of clarification and assumptions
6.
Subcontractor Bids on Subcontractor Letterhead
7.
Project Schedule showing critical path construction items
A.
Scope of Work will consist of a brief description of the work to be performed by CMAR and
major points that the CMAR and the City must be aware of pertaining to the scope,
(normally one paragraph is sufficient.)
B.
A summary of the GMP with a total for each of the components of the GMP as listed in its
definition in Article 1 as shown in the table below:
C.
Schedule of Values - spread sheet with the estimated bid or cost organized by subcontract
categories. Allowances, bid contingency, general conditions costs, taxes, bonds,
insurances, and the CMAR’s construction phase fee. The supporting document for the
sipreadsheet must be provided in an organized manner that correlates with the schedule
of values. The backup information shall consist of the request for bids, bids received, and
clarification assumptions used for the particular bid item listed on the schedule of values,
if applicable: material costs, equipment costs, labor costs, hourly labor rates, and total
cost. Labor costs shall include the employee classification, benefits, payroll taxes and
other payroll burdens. The total cost for any portion of the work to be performed by
subcontractors shall include subcontractor overhead and profit. Production rates,
transportation and other facilities and services necessary for the proper execution of the
work, whether temporary or permanent, and whether or not incorporated or to be
incorporated into the work. Copies of quotations from subcontractors and suppliers.
Memoranda, narratives, consultant’s reports and all other information used by the CMAR
Contractor to arrive at the GMP. The GMP must include all assumptions, descriptions and
a breakdown of all Allowances.
PROJECT Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB2505
Page 1 of 3
11565416v6 CMAR Des (Rev. Nov. 2020)
EXHIBIT B
Contract No. 2026-087-COS
GMP SUMMARY
AMOUNT
COST OF THE WORK - DIRECT COSTS
AMOUNT
A
B
Sub-Contractors' Cost of the Work (Labor, Materials,
Equipment, Warranty, Insurance, Profit)
$
CMAR Self-Performed Cost of the Work (Labor,
Materials, Equipment, Warranty)
$
C Total Cost of the Work (A+B)
$
INDIRECT COSTS
AMOUNT
D General Conditions (Negotiated Amount)
$
E
Total Cost of the Work + General Conditions Fee
(C+D)
$
F
G
CMAR Construction Fee (% of E or Negotiated Fixed
Fee)
$
H
Payment and Performance Bonds (On E- Total Cost of
the Work + General Conditions Fee)'
$
Insurance (Additional CMAR's Insurance not provided in
the Total Cost of the, Work)
$
Subtotal Direct + Indirect Costs (E+F+G+H)
$
J Taxes (Actual Reimbursable limited by Not to Exceed) $
K
L
Project Subtotal (l+J)
CITY'S PROJECT CONTINGENCY (As determined by
the City)
$
$
M
TOTAL GMP (Not to Exceed) (K+L)
$
D. A list of the Plans and Specifications with latest issuance date including all Addenda used
in preparation of the GMP proposal. The plans used for the GMP must be date stamped
and signed by CMAR, Design Consultant, and Project Manager using the format below.
Plans Used for Preparation of GMP No.
CMAR
Date
Design Consultant
Date
Project Manager
Date
Project Name: BOND PROJECT 34 - FIRE STATION 604
Project No: PB25Q2
11565416V6 CMAR Des (Rev. Nov 2020)
PAGE 2 OF 3
Contract No. 2026-087-GOS
EXHIBIT B
E.
A list of the clarifications and assumptions made by the GMAR in the preparation of the
GMP proposal, to supplement the information contained in the documents.
F.
All Subcontractor Bids for the Project on the Subcontractor’s Letterhead.
G.
A Critical Path Method diagram construction schedule.
NOTE: The submittal package must be kept as simple as possible all on 814 x 11 sheets. Color
or shading must be kept to a minimum. If used, make sure the color or shading will not affect the
reproduction of the submittal in black and white.
Final GMP submittal will consist of the following;
1.
Two (2) Copies of the GMP (perforated as requested by Bids & Specifications) Velo or 3-
hole punched.
2.
One copy of the plans and technical specifications used to arrive at the GMP (signed by
Design Consultant, CMAR and Project Manager).
Project Name: BOND PROJECT 34 - FIRE ,STATION 604
Project No: PB2502
Page 3 of 3
11565416V6 CMAR Des (Rev. Nov 2020)
wiiimeng
Exhibit C
AZ ROC B-01082904
May 20. 2026
Nathan Crowell
Senior Project Manager, City of Scottsdale Transportation and Infrastructure
7447 E. Indian School Rd.,
Suite 205
Scottsdale, AZ 85251
Re: Pre-Con Services Proposal
Scottsdale Fire Station 604
Dear Nathan,
Wiiimeng is pleased and humbled to be the top choice for the City in providing Construction Manager at Risk
services for the above-mentioned City of Scottsdale - Fire Station 604 Proposal. We are excited at this
opportunity of teaming up with the City and respective design sub-consultants to deliver this important project.
We are confident that our experience, expertise, and focus on customer service will be a great addition to your
team.
With this, for Pre-construction Services we propose a ‘not to exceed’ amount of $108,250 which includes
allowance for site investigations/potholing ($10,000). This fee will cover costs incurred by Wiiimeng (and our
subcontractors) in providing complete Pre-construction Services. We have broken this proposal into the
following stages;
•
Wiiimeng Project Team Effort
o Wiiimeng Subtotal
•
Ailowances
o Allowance Subtotal
$ 98.056
$ 98,056
$ 10.000 (see breakout attached)
$ 10,000
. GRAND TOTAL
$108,056
We believe this proposal is aligned with the requirements of the RFQ, Pre-Construction Services Contract, and
expectations from our initial kick-off meeting. If you have any comments or concerns, please feel free to contact
me. We appreciate the opportunity and look forward to a successful project with the City of Scottsdale.
Sincerely,
Wiiimeng
Tim Donoghue
Preconstruction Director
Exhibit C, Contract 2026-087-COS
Page 1 of 8
AZ ROC B-01 082904 11702 E Highland Ave., Suite 400 | Phoenix, AZ 85016
wiiimeng
Scottsdale FS 604
5/20/2026
Precon Services Summary
Design Management, Meetings, Site Investigations
Constructability Review, Schedule, Project Logistics and Planning
Budget, Options Analysis & Cost Tracking
Hours
98.00
172.00
364.00
A. WILLMENG PRECON SERVICES
634
Allowances / Reimbursables
Exterior Site Utility Location / Potholing (Allowance)
B. Allowances/ Reimburables
TOTAL PRECONSTRUCTION
Precon Duration
8 months
SUB-TOTAL
$16,445
$28,362
$53,249
$98,056
SUB-TOTAL
$10,000
$10,000
$108,056
Exhibit C, Contract 2026-087-COS
Page 2 of 8
Scottsdale FS 604
5/20/2026
LABOR RATES
m
>ii
At
-A.'-p.'
jy,-A."
Title
SUPERINTENDENT
PROJECT MANAGER
Total Rate
$134.47
$145.21
PROJECT ENGINEER
$96.80
PROJECT COORDINATOR
$80.67
PRECON DIRECTOR
$204.35
PRECON MANAGER
$150.60
ESTIMATOR
$123.68
VDC MANAGER
$139.81
PROJECT EXECUTIVE
$215.09
Exhibit C, Contract 2026-087-COS
Page 3 of 8
wiiimeng
Scottsdale Fire Station #604
Construction Milestone Schedule
D
Task Name
Duration
Start
Finish
1
irter
4th Quarter
Ist Quarter
2nd Quarter
3rdQirtrter
Am (
Oct I Nov I Dec Jan I Feb I Mar Apr I Mav I Jun Jut i Auo I Sep
4th Quarter
IstQui
Oct I Nov 1 Dec 1 Jan
2
3
7
”a”
10
IT
IT
TT
"iT
IT
25
26
27
28
IT"
243
246
248
249
250
2sT
253
0 days Tue 9/1/26
Civil & Demo Permit Package Submitted to COS for Permit (45 Days)
GMP 1 - Notice To Proceed (NTP)
0 days
Mon 10/26/26
Civil & Demo - Permit Issued
0 days
Mon 11/2/26
Scottsdale #604 - Property Turned Over for Construction
Odays
Mon 11/2/26
Construction Start - Civil, Demo, & Site Utilities
0 days
Wed 12/2/26
Building Permit Issued
0 days Tue 1/19/27
Substantial Completion
0 days
Mon 11/1/27
Final Completion
0 days
Thu 11/11/27
Subm^ls -'dieat^i^m/Pf ocuFe
Tue 9/1/26
Mon 10/26/26
Mon 11/2/26
Mon 11/2/26
Wed 12/2/26
Tue 1/19/27
Mon 11/1/27
Thu 11/11/27
^_^Procureineiit Ki<* Off
145 days
1
♦ 9/1
♦ 10/26
♦ 11/2
♦ 11/2
♦ 12/2
♦ 1/19
♦ 11/1
♦ 11/11
Commence Procurement - Early Long Lead (Set 1)
Commence Procurement - Med/Long Lead (Set 2)
Commence Procurement - (Set 3)
Odays
Odays
Odays
JTnilO/1/ZS
Thu 10/1/26
Thu 10/29/26
Mon 12/7/26
IH 4/30/n •
w 4/30/27
Thu 10/1/26
Thu 10/29/26
Mon 12/7/26
-I
♦ 10/1
♦ 10/29
♦ 12/7
r
n
MoUlMForCanrtnictloa
Asbestos Testing -10 Days - Milestone
Set Up Trailer/Field Office
Set Up Perimeter Fence
Install Track Out Device
Mobilize Surveyor/Set Control
258
259
0 days
0 days
Odays
0 days
0 days
Preconstruction Meeting With AHJ
___ 0 days
NESHAP Permit for Demo
0 days
24Sdanrs
186 days
260
261
264
29T
liT
site Constractfon
Fhase One Grading/Wet UtnitJes
_________ _
Demo Exisiting Bulldlng/Gradlng/BulidtngT»a'd?:^§! :; '
76 days Mon 10/26/26
Mon 10/26/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/16/26
Monl0/2fi/Z0
Mon 10/26/26
298
300
Blue Stake / Potholing
Demo Building And Grub Site - Milestone
' Onsite Wet
Survey For Water/Sewer Lines
Odays
Odays
Mon 10/26/26
Wed 12/2/26
.,Wed^26
Mon 10/26/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/2/26
Mon 11/16/26
TUelQ/19/27
1110 7/22/27
:wed2ArMfaE
Mon 10/26/26
Wed 12/2/26
I------------1
♦ 10/26
♦ 11/2
♦ 11/2
♦ 11/2
♦ 11/2
♦ 11/2
♦ 11/16
-1
♦ 10/26
♦ 12/2
Wed 11/25/26
302
Survey For Site Lighting
APS Preconstruction Meeting
0 days
Wed 11/25/26
10/19/27 '
0 days
Mon 2/15/27
Mon 2/1S/27
!0 days
Tue 3/16/27
iTue 3/16/27
-I
♦ 11/25
♦ 2/1S
♦ 3/16
Pagel
Exhibit C, Contract 2026-087-COS
Page 4 of 8
10
wiiimeng
Scottsdale Fire Station #604
Construction Milestone Schedule
Task Name
304
309
314
315
Duration
Start
Finish
APS Conduit Inspection
Set Transformer Pad
Install Generator Pad
APS Set Transformer/Pul! Wire/Set Meter
Odays
Odays
0 days
0 days
Tue 3/23/27
Tue 5/4/27
Tue 7/13/27
Wed 7/21/27
Tue 3/23/27
Tue 5/4/27
Tue 7/13/27
Wed 7/21/27
319
320
328
329
330
336
345
Survey For Site Walls
Pour Site Wall Footings
Pour Trash Enclosure Footings
Survey Curb/Curb And Gutter
Set Trash Enclosure Bollards
Parking Lot Striping And Signage
mdaye Won3/2Z/27
Mon9/27/2^
0 days
0 days
a days
0 days
0 days
Odays
Mon 3/22/27
Wed 6/30/27
Wed 7/28/27
Wed 7/28/27
Wed 7/28/27
Wed 9/22/27
Mon 3/22/27
Wed 6/30/27
Wed 7/28/27
Wed 7/28/27
Wed 7/28/27
Wed 9/22/27
srter
Aua
347
348
352
354
361
366
389
403
409
417
brijgation And Undsraplr^^
Landscape Sleeves
Place Rip Rap At Spillways
ofisKeCoSSicSoi^n^^^
Form And Pour Drive Approach
BuMInt
Decan/Ttmaalt/M
Set Roof Top Equipment
Above Grid Inspection
Install Grid Lockers
hy-
0 days
dldays
Wdii B/ii/SS'"""" Ifti
0 days......... Wed 8/11/27
Wed 8/11/27"
0 days
Thu 10/7/27
Thu 10/7/27
Mtoii9iWn>
Mon 9/20/27
AtnMn/F
Mon 9/20/27
1^178 days
Wed 2/17/17
"^iuadays JbutfilflJ
Odays
Tue 8/3/27
0 days
Thu 9/9/27
0 days
FrI 10/8/27
419
426
453
457
465
Place Roof Curbs
Concrete Pad For AC Units
Set Roof Top Equipment
Install Storefront Glazing
Tue 10/26/27
WedW/X3/27,^:;:
Tue 8/3/27
Thu 9/9/27
Fri 10/8/27
0 days
Tue 5/18/27
Tue 5/18/27
0 days
Tue 7/13/27
Tue 7/13/27
0 days
Wed 7/14/27
Wed 7/14/27
0 days
Fri 8/6/27
Fri 8/6/27
493
496
499
502
505
508
520
527
532
App Undh^ound/Slafa
Set Bollards
Restore/Compact Subgrade
Termite Treatment
^ App Bay/Structure/^nJsh«
Pour Footings
Dry In App Bay Roof
Hang App Bay Ceiling
Under Celling Duct
STPSays jYmi/irm
0 days
0 days
Odays
Tue 7/27/27
Wed 8/11/27
Fri 8/13/27
ig^'-'ijlSddav*
‘odays fri A/2/17
0 days
0 days
0 days
Tue 6/8/27
Tue 6/29/27
Thu 7/29/27
Tue 7/27/27
Wed 8/11/27
Fri 8/13/27
Fri 4/2/27
Tue 6/8/27
Tue 6/29/27
Thu 7/29/27
iUL
4th Quarter
1st Quarter
2nd Quarter
j 3rd Quarter
4th Q
Qrt I Nov I Dec Jan Feb Mar Aor I Pulav Jun I Jui 1 Auq I Sec Oct
4th Quarter
IstQui
Dec. Jan
♦ 3/23
♦ s/4
« 7/13
♦ 7/21
4 3/22
4 6/30
4 7/28
4 7/28
4 7/28
4 S/22 i
------- 1
4 8/11
4 10/7
4 9/20
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4 8/3
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4 9/9
4 10/8
4 5/18
4 7/13
4 7/14
4 8/6
4 7/27
4 8/11
4 8/13
4 4/2
4 6/8
4 6/29
4 7/29
Page 2
Exhibit C, Contract 2026-087-COS
Page 5 of 8
wiiimeng
Scottsdale Fire Station #604
Construction Milestone Schedule
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ID
Task Name
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547
551
Duration
Start
Finish
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555
559
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Fire Sprinkler Inspection
Fire Alarm Inspection
Punch Walk
Substantial Completion
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0 days
Wed 10/20/27
0 days
Fri 9/24/27
0 days
Thu 10/14/27
0 days
Thu 10/14/27
0 days
Thu 10/14/27
0 days
Mon 11/1/27
iOdays
Thu 11/11/27
Mon 10/4/27
WM/22/27^W
Wed 10/20/27
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Fri 9/24/27
Thu 10/14/27
Thu 10/14/27
Thu 10/14/27
Mon 11/1/27
Thu 11/11/27
after
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4th Quarter
1st Quarter
Qct I Nov I Dec
St Quarter
2nd Quarter
Jan I Feb I Mar Apr I May
3rd Quarter
Jut
4th Quarter
Aug I Sep Oct l Nov i Dec
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IstQua
♦ 9/24
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Pages
Exhibit C, Contract 2026-087-COS
Page 6 of 8
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Page 7 of 8
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Exhibit C, Contract 2026-087-COS
Page 8 of 8
Contract No. 2026-087-COS
EXHIBIT D
CONTRACTOR E-VERIFY COMPUANCE 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. TheContractordoes not employ unauthorized aliens forthe 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 underthe 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:________________________
Last Updated: April 7, 2026
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