MOHAVE COUNTY DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 06-PS-XX
700 W. BEALE STREET, 1ST FLOOR EAST PAGE 2 of 2
KINGMAN, AZ 86402-7000 PROCUREMENT OFFICER: TRAVIS LINGENFELTER, C.P.M., A.P.P.
PH: (928) 753-0752 Ext. 4194/ FAX: (928) 753-0787
TABLE OF CONTENTS
DESIGN/BUILD CONTRACT
Page
1. Scope of Work. 4
2. Time of Completion. 15
3. Completion Requirements 15
4. Contract Sum and Periodic Payment of Contract Sum. 16
5. Performance and Payment Bonds. 19
6. Changes in Work. 20
7. Correction of Work. 21
8. Insurance Representations And Requirements 22
9. Miscellaneous Provisions. 27
11. Captions/Headings. 27
10. Contractor’s Shop Drawings, Product Data And Samples 31
11. Hazardous Material 32
12. Subcontractor And Supplier Selection 32
13. Contractor & Subcontractor Employee Security Inquiry 34
14 Assignment; Limited Obligations of Owner. 35
15. Disputes 35
16. Attorneys' Fees. 38
17. Arbitration. 38
18. Indemnification 38
19. Additional Services 39
20. Severability 39
21. No Waiver Of Performance 39
22. Termination 39
23. Written Notices. 41
EXHIBIT A: LEGAL DESCRIPTION 45
EXHIBIT B: SCHEMATIC DESIGN DOCUMENTS 46
EXHIBIT C: PROJECT MASTER SCHEDULE 47
APPENDIX F
DESIGN/BUILD CONTRACT
THIS GUARANTEED PRICE DESIGN/BUILD CONTRACT (this “Contract”) is made as of ______, by and between
the CONTRACTOR:
Name: ______
Address: ______
License number/classification: ______
Federal Tax I.D. Number: ______
and
______(the “Owner”) an Arizona nonprofit corporation
WITNESSETH:
Contractor and Owner, in consideration of the mutual covenants and agreements contained herein, hereby agree as follows:
DEFINITIONS
The Contract Documents shall consist of:
a. This Contract;
b. Exhibits A, B, and C;
c. Change Orders and written amendments to this Contract signed by both Owner and Contractor;
d. Drawings approved and initialed by Owner;
e. Owner’s RFQ and RFP for this Project;
f. Contractor’s responses to Owner’s RFQ and RFP to the extent they do not conflict with the above;
In case of any inconsistency, conflict or ambiguity among the Contract Documents, the Documents shall govern in the order in which they are listed above.
The term Day shall mean calendar day.
Final Completion means the point at which the Work has been completed in full accordance with the terms and conditions of the Contract Documents, including Punch list items and delivery of all close-out documents required by the Contract Documents and this Contract, and all known defective work has been corrected.
The Owner’s Project Manager, PinnacleOne, is under separate contract with the Owner, working as Owner’s agent to provide design management and construction management services. None of the activities of the Project Manager supplant or conflict with the designing, budgeting, construction, or any other services and responsibilities customarily furnished by Contractor or his consultants in accordance with generally accepted architectural, engineering, or construction practices except as otherwise modified by this Contract. Contractor understands and agrees that the Project Manager is the Owner’s representative to Contractor and his consultants insofar as this Contract is concerned. Instructions by Owner to Contractor relating to services performed by Contractor will be issued or made through Project Manager. Communications and submittals of Contractor to Owner shall be issued or made through Project Manager unless Owner otherwise directs in writing. Project Manager will not unreasonably withhold approval for Contractor to communicate directly with Owner.
Project Manager will have the authority to establish procedures, consistent with this Contract, to be followed by Contractor and to call periodic conferences to be attended by Contractor and Contractor’s consultants throughout the term of this Contract. Project Manager will have authority to bind the Owner in matters requiring the Owner’s approval, authorization or written notice, unless such authority and/or action is limited by law or Owner’s policy to the Board or Owner’s Administration
The Contractor understands and agrees that it is not a third-party beneficiary of any contract between Owner and Project Manager, and Contractor waives any rights, claims, or causes of action it may have as an alleged third-party beneficiary of any such contract. Nothing contained in this Contract creates a contractual relationship with or a cause of action in favor of a third party against Owner, Project Manager, or Contractor.
Punch List means those minor items of Work to be completed or corrected after Substantial Completion and prior to Final Completion, which do not prevent the Project from being fully used for the purpose for which it is intended and which do not prevent the issuance of a certificate of occupancy.
The Schedule of Values is a statement of costs prepared by the Contractor for the Owner’s approval and use. The Schedule of Values shall detail the amounts allotted for items of the Work, categorized by Construction Specifications Institute division and section standards and depicted on American Institute of Architects form G703 or an equivalent form acceptable to Owner. Allowances, fees, contingencies, taxes, bonds, and insurance costs shall appear as separate line items. Specific detail of any general conditions costs shall appear as separate line items. The Schedule of Values will be used by Owner to evaluate the Contractor’s monthly applications for payment.
A Subcontractor is a person or entity who has an agreement with Contractor to perform any portion of the Work, except that the term Subcontractor does not include Architect/Engineer. The term Subcontractor does not include any separate contractor or agent employed by Owner, or any of separate contractor’s subcontractors.
A Sub-subcontractor is a person or entity who has an agreement with a Subcontractor to perform any portion of the Subcontractor’s work.
Substantial Completion of the Work, or of a designated portion, occurs on the date when construction is sufficiently complete and in accordance with the Contract Documents so that a Certificate of Occupancy has been issued by code officials and Owner can safely occupy and fully utilize the Project, or a designated portion, for the use for which it is intended. This date shall be confirmed by a Certificate of Substantial Completion signed by Owner and Contractor. No Certificate shall be proposed or executed before all building systems are fully commissioned and Owner staff has been trained by Contractor in systems operation. The certificate shall state the respective responsibilities of Owner and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance. The certificate shall have attached a Punch List of items to be completed or corrected, and establish the time for their completion and correction. Occupancy of a designated portion thereafter by Owner shall neither release or otherwise operate to excuse Contractor from his duty to complete the remainder of the Work within the Contract Time including liability for liquidated damages.
The Work includes the design and other services provided in accordance with Section 1, the construction and other services provided in accordance with Section 1, authorized Additional Services that may be provided if approved in advance in writing by Owner, and other services which are necessary to complete the Project that are in accordance with and are reasonably inferable from the Contract Documents.
1. Scope of Work.
Contractor will cause all necessary design and engineering services (sometimes herein “Design Services”) to be performed as described in this Contract by duly licensed personnel or entities (the “Design Professionals”) and shall perform all necessary construction work (sometimes herein “Contracting Services”) for the complete design and construction of the Mohave County Correctional Facility, as more fully described in the Schematic Design Documents defined below (the “Improvements”), upon that real property ground leased by Owner and legally described in Exhibit A attached hereto and made a part hereof (the “Land”), which Improvements and Land the Owner intends to lease to Mohave County, Arizona (the “County”), pursuant to that certain Lease-To-Own Agreement, dated as of ______(the “Lease”), as described hereinafter. Contractor accepts the relationship of trust and confidence established between him and Owner by this Contract. He covenants with Owner to furnish his best skill and judgment and to cooperate with other of Owner’s consultants or vendors in furthering the interests of Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts to complete the Project in the most expeditious and economical manner consistent with the interests and goals of Owner, and will endeavor to perform all of his services to the reasonable satisfaction of Owner.
1.1 Contractors Consultants
Within seven Days of the execution of this Contract, Contractor shall provide a list of all consultants that Contractor proposes to use relating to the Project. The list shall include such information on the qualifications of the consultants as will enable Owner to ascertain their suitability. Owner will review the consultants proposed, and Contractor shall not retain a consultant to which Owner expresses a reasonable objection.
1.2 Contractor’s Key Personnel
Within seven Days of the execution of this Contract, Contractor shall provide to Owner a list of the proposed key project personnel of Contractor and Contractor’s consultants to be assigned to the Project. This list shall include such information on the professional background of each of the assigned individuals as will enable Owner to ascertain their suitability. Such key personnel and consultants must be found satisfactory by Owner, and shall not be changed except with the consent of Owner. Owner will not unreasonably reject listed or substituted personnel.
1.3. Design Service.
Architectural and engineering services shall be provided by Arizona licensed, independent design professionals retained by Contractor, or furnished by properly licensed employees of Contractor, and as required or as permitted by the laws of the State of Arizona. The person or entity providing architectural and engineering services shall be referred to as the Architect/Engineer. If Architect/Engineer is an independent design professional, the architectural and engineering services shall be procured pursuant to a separate agreement between Contractor and Architect/Engineer, and a copy of such agreement shall be furnished to Owner. Contractor shall ensure that Architect/Engineer shall perform in accordance with recognized standards of skill, expertise, and diligence of the design professions. The Architect/Engineer for the Project is ______.
1.4. Schematic Design Documents.
Contractor prepared or caused to be prepared the schematic design documents (the “Schematic Design Documents”) consisting of site plans, building plans, outline specifications of major building systems and construction materials, and other conceptual documents illustrating the Project’s basic elements, scale and their relationship to the site and other structures. The Schematic Design Documents are described on Exhibit B attached hereto and are hereby approved by the Owner and have been approved by the County pursuant to the Lease.
1.5. Design Development Phase.
Based on the approved Schematic Design Documents, and any adjustments authorized by the Owner (with the County’s consent as required by the Lease) in the project requirements, Contractor shall cause to be prepared, for approval by the Owner and the County, design development documents (the “Design Development Documents”) consisting of drawings, specifications, and other documents to fix and describe the size and character of the entire project as to architectural, structural, civil, landscape, mechanical and electrical systems, materials and such other elements as may be appropriate, with sections, elevations, typical details, equipment layouts, and other appropriate depictions. Contractor shall provide an updated Project Master Schedule based on the Design Development Documents submittal. Six sets of these documents shall be furnished to the Owner. Owner will return one set with notation of any design or program adjustments to be addressed in the construction documents. Owner and the County shall approve the Design Development Documents in accordance with 1.7. Contractor shall verify that all necessary zoning, entitlements, licenses and permits are obtained for the construction of the project and assist Owner in obtaining all other necessary licenses and approvals required for the Owner to own and commence operation of the project and for the County to commence occupancy of the project pursuant to the Lease.
1.6. Construction Documents Phase.
Based upon the approved Design Development Documents, and any adjustments authorized by the Owner (with the County’s consent as required by the Lease) in the requirements for the Improvements the Contractor will cause duly licensed design and engineering professionals working at the direction of Contractor to prepare all construction documents (the “Construction Documents”) for the Work, setting forth the requirements for construction of the Work in detail sufficient to enable trade contractors and suppliers to price and construct their respective portions of the Work, to enable workers of ordinary skill to construct the Work, and to enable the issuance of all necessary construction permits. The Construction Documents shall include any Owner required or supplied provisions, documents, or specifications. The Construction Documents shall be based upon codes, laws or regulations enacted at the time of their preparation, and shall be prepared and submitted to Owner ready for review and approval by appropriate jurisdictional and regulatory agencies. Contractor shall include an updated Project Master Schedule. Six sets of review documents shall be furnished to Owner. When so prepared, Contractor will submit the Construction Documents for approval by the Owner and the County. The Construction Documents may (as appropriate) be submitted in phases. The Owner and the County shall approve the Construction Documents in accordance with 1.7. Contractor shall submit the Construction Documents to all appropriate and required jurisdictional and regulatory agencies upon the direction of Owner. Construction shall be in accordance with the Construction Documents as approved by Owner and the appropriate jurisdictional agencies. Eight sets of the final documents as approved by Owner and appropriate jurisdictional agencies shall be furnished to Owner.
1.7. Owner Design Document Approval Process.
Contractor shall submit each of the Design Development Documents and Construction Documents (collectively, the “Design Documents”) to the Owner and the County for their approval. The County shall review and approve the Design Documents in accordance with the Lease. Owner will review each phase of the Design Documents and notify Contractor of any comments or objections thereto, or its approval thereof, within fourteen (14) days of receiving them from Contractor. If Owner has any comments or objections, Contractor will cause them to be promptly addressed and will then resubmit the applicable Design Documents for approval by the Owner. Owner will review the resubmitted Design Documents and notify Contractor of any comments or objections thereto, or its approval thereof, within five (5) days of respectively receiving them from Contractor. When Owner, Contractor and County have each approved each phase of the Design Documents, each party will indicate that approval by signing or initialing them. The final Construction Documents so approved are referred to herein as the “Plans and Specifications”. Contractor shall not commence construction or purchase any materials prior to receiving a written Notice to Proceed with Construction from Owner.