CMAR A201-2007 CHASE FIELD 2017-18 STRUCTURAL REPAIRS FINAL FOR EXECUTIO.._.PDF

AIA Document A201 - 2007
General Conditions of the Contract for Construction
for the following PROJECT:
Chase Field 2017-18 Structural Repairs
401 East Jefferson Street
Phoenix, AZ 85004
THE OWNER:
Maricopa County Stadium District
401 East Jefferson Street
Phoenix, AZ 85004
THE FACILITY MANAGER:
AZPB FM Limited Partnership
401 East Jefferson Street
Phoenix, AZ 85004
THE ENGINEER:
Gervasio and Associates
77 E. Thomas Rd, Suite 120
Phoenix, AZ 85012
THE CONSTRUCTION MANAGER AT RISK:
Jokake Construction
5013 East Washington Street
Phoenix, AZ 85034
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 OWNER
3 CONTRACTOR
4 ENGINEER
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
15 CLAIMS AND DISPUTES

ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Engineer. Unless specifically enumerated in the Agreement, the
Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms,
other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or
proposal, or portions of Addenda relating to bidding requirements.
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Engineer or the
Engineer’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Engineer or the Engineer’s consultants or (4) between any persons or entities other than the Owner and the
Contractor.
§ 1.1.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents may be the whole
or a part and which may include construction by the Owner and by separate contractors.
§ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Engineer and the Engineer’s consultants under their
respective professional services agreements. Instruments of Service may include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materials.
§ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in
accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall
not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.5.1 The Engineer and the Engineer’s consultants shall be deemed the authors of their respective Instruments of
Service, including the Drawings and Specifications, and the Owner shall be deemed owners of said Instruments of
Service, including drawings and specifications and will retain all common law, statutory and other reserved rights,
including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall
not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory
requirements or for other purposes in connection with this Project is not to be construed as publication in derogation
of the Owner’s or Owner’s consultants’ reserved rights.
§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to
use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the
Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the
specific written consent of the Owner.
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,
they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already
provided in the Agreement or the Contract Documents.
ARTICLE 2 OWNER
§ 2.1 GENERAL
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have
express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization to
the extent permitted by law. Except as otherwise provided in Section 4.2.1, the Engineer does not have such
authority. The term "Owner" means the Owner or the Owner’s authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor within fifteen (15) days after receipt of a written request,
information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights.
Such information shall include a correct statement of the record legal title to the property on which the Project is
located, usually referred to as the site, and the Owner’s interest therein.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the
Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the
Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3)
the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due.
The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or

the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contractor.
§ 2.2.2 In addition to permits and fees, the Owner shall pay for necessary approvals, easements, assessments, and
charges required for construction, use or occupancy of permanent structures or for permanent changes in existing
facilities. This Project will fall under an Annual Facility Permit from the City of Phoenix: permit and inspection
fees will be paid by Owner.
§ 2.2.3 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control
and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the
Contractor’s written request for such information or services.
§ 2.2.4 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.3 OWNER’S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as
required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the
Owner may after Contractor’s receipt of a seven (7) day written notice and failure of Contractor to cure, issue a
written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by
Section 6.1.3.
§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a seven (7)-day period after receipt of written notice from the Owner to commence and continue correction of
such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the
Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting
from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including
Owner’s expenses and compensation for the Engineer’s additional services made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the
Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor
shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have
express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means
the Contractor or the Contractor’s authorized representative. The term "Contractor" shall have the same meaning as
"CMAR", "Construction Manager at Risk", and "Construction Manager" as defined in AIA Document B102-2007,
AIA Document B102-2007, and AIA Document A121 CMc-2003 and AGC Document 565.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Engineer in the Engineer’s administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.
§ 3.1.4 Weekly Project Team meetings will be held, normally at Chase Field. Meetings will be conducted by the
Owner and Facility Manager, with the Engineer, and Construction Manager at Risk, and their consultants as needed,
in attendance. During the construction phase, following issuance of Notice to Proceed with construction and up to
Substantial Completion, the Construction Manager at Risk will produce written notes of discussion and distribute

them to members of the Project Team within three (3) days of each meeting. Project Team meetings after
Substantial Completion will be optional as decided by the Project Team.
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor
shall promptly report to the Owner any errors, inconsistencies or omissions discovered by or made known to the
Contractor as a request for information in such form as the Owner may require. It is recognized that the Contractor’s
review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless
otherwise specifically provided in the Contract Documents.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Engineer any nonconformity discovered by or made known to the Contractor as a
request for information in such form as the Engineer may require.
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the
Engineer issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or
3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations
of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been
avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the
Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or
omissions in the Contract Documents, for differences between field measurements or conditions and the Contract
Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules
and regulations, and lawful orders of public authorities.
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Engineer and shall not proceed with that portion of the Work without further written instructions from
the Owner. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences
or procedures without acceptance of changes proposed by the Contractor, the Contractor shall be solely responsible
for any loss or damage.
§ 3.3.2 The Contractor shall be responsible to the Owner, the Facility Manager and all other parties identified in the
first sentence of Section 3.18.1, for acts and omissions of the Contractor’s employees, Subcontractors, Sub-
subcontractors, and their respective agents and employees, and other persons or entities performing portions of the
Work for, or on behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work authorized by the Engineer in accordance with Section
3.12.8, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Engineer
and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
skilled in tasks assigned to them.
§ 3.5 WARRANTY
The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract for a
two (2) year period following the issuance of a Certificate of Substantial Completion for the Work will be of good
quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the
Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials, or
equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes
remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner,
the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Upon
issuance of the Certificate of Substantial Completion Contractor shall submit to Owner for review and records all
written warranties and related documents required by the Contract Documents.
§ 3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are
legally enacted when Amendment One (1) is executed by the parties, whether or not yet effective or merely
scheduled to go into effect.
§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required when Amendment One (1) is executed by the parties. Owner will pay for the City of Phoenix Annual
Facility Permit and inspection fees.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility
for such Work and shall bear the costs attributable to correction.
§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface
or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or
(2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the Contract Documents,
the Contractor shall promptly provide notice to the Owner and the Engineer before conditions are disturbed and in
no event later than twenty-one (21) days after first observance of the conditions. The Engineer will promptly
investigate such conditions and, if the Engineer determines that they differ materially and cause an increase or
decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an
equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions
at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Engineer shall promptly notify the Owner and Contractor in writing, stating the

reasons. If either party disputes the Engineer’s determination or recommendation, that party may proceed as
provided in Article 15.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances; and
.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reflect (1) the difference between actual
costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section
3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance
at the Project site during performance of the Work. The superintendent shall represent the Contractor, and
communications given to or by the superintendent shall be as binding as if given to or by the Contractor. The
Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be
withheld or delayed.
§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s,
Facility Manager’s and Engineer’s information a Contractor’s construction schedule for the Work. The schedule
shall not exceed time limits current under the Contract Documents, shall be related to the entire Project to the extent
required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The
construction schedule shall be updated prior to each weekly meeting.
§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter
as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Owner’s approval.
The Owner’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be
coordinated with the Contractor’s construction schedule, and (2) allow the Owner and Engineer reasonable time to
review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any
increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to
the Owner and Engineer.
§ 3.10.4 The Contractor shall achieve Substantial Completion of Work evidenced by a Certificate of Substantial
Completion no later than March 16, 2018. The parties acknowledge and agree that it would be extremely difficult
and impracticable to ascertain the damages that the Owner would incur should the Contractor fail to achieve
Substantial Completion no later than March 16, 2018. Accordingly, if the Contractor fails to achieve Substantial
Completion of the Work by such date, the Contractor shall be liable for and pay the Owner the sum of Five
Thousand Dollars ($5,000.00) as liquidated damages for each calendar day of delay until the Contractor achieves
Substantial Completion of the Work. In addition, if Contractor fails to achieve Final Completion by March 23,
2018, then Contractor, as part of consideration for award to the Contract, pay to the Owner the sum of Five
Thousand Dollars ($5,000.00) per day as actual damages for such failure and breach of contract, for each and every
day that Final Completion extends beyond the agreed Final Completion date. The Owner shall have the right to
retain any liquidated damages from payments due to the Contractor.

§ 3.10.5 In addition to the foregoing liquidated damages detailed in Section 3.10.4, if Contractor fails to achieve Final
Completion before the first home game (whether exhibition or regular season) of the Arizona Diamondbacks 2018
season, Contractor will pay to the Owner the following amounts per section as liquidated damages for such failure
and breach of contract, for each and every day a home game is scheduled by which Final Completion has not been
achieved for that particular section.
Section 112 $41,430
Section 113 $33,142
Section 114 $31,774
Section A $ 9,570
Section B $ 7,370
Sonoran Room $ 1,000
Visitor’s Clubhouse $50,000
Contractor further understands and agrees that these liquidated damages are cumulative and apply separately to the
Substantial Completion, Final Completion, and home games after the agreed Final Completion date and prior to actual
Final Completion. The Owner shall have the right to retain any liquidated and actual damages from payments to the
Contractor. All liquidated damages collected by the Owner on behalf of the Facility Manager pursuant to this section
shall be remitted to the Facility Manager no later than thirty (30) days after the final payment has been submitted by
the Owner to the Contractor.
§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the site as-built drawings for the Owner one copy of the Drawings, Specifications,
Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and
selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar
required submittals. These shall be available to the Engineer and shall be delivered to the Engineer for submittal to
the Owner upon completion of the Work as a record of the Work as constructed.
§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams
and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards
by which the Work will be judged.
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose
is to demonstrate the way by which the Contractor proposes to conform to the information given and the design
concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents
require submittals. Review by the Engineer is subject to the limitations of Section 4.2.7. Informational submittals
upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents.
Submittals that are not required by the Contract Documents may be returned by the Engineer without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the
Engineer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in
accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal
schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of
the Owner or of separate contractors.
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to
the Owner and Engineer that the Contractor has (1) reviewed and approved them, (2) determined and verified
materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and

coordinated the information contained within such submittals with the requirements of the Work and of the Contract
Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal
and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Engineer.
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved
of responsibility for deviations from requirements of the Contract Documents by the Engineer’s approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Engineer
in writing of such deviation at the time of submittal and (1) the Engineer has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Engineer’s approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In the
absence of such written notice, the Engineer’s approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s
responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be
required to provide professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the Owner and the Engineer will specify all performance and design criteria
that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear
such professional’s written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled
to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or
provided by such design professionals, provided the Owner and Engineer have specified to the Contractor all
performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Engineer will
review, approve or take other appropriate action on submittals only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract Documents. The Contractor
shall not be responsible for the adequacy of the performance and design criteria specified in the Contract
Documents.
§ 3.12.11 All submittals including Applications for Payment shall be made in two (2) copies.
§ 3.13 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment. Contractor signage, except for those specifically required by
regulator agencies and/or safety measures, is prohibited. See exhibits that pertain to work at Chase Field.
§ 3.14 CUTTING AND PATCHING
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to
make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition
existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably

withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s
consent to cutting or otherwise altering the Work.
§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste
materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about
the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may, after reasonable
notice, do so and Owner shall be entitled to reimbursement from the Contractor.
§ 3.16 ACCESS TO WORK
The Contractor shall provide the Owner and Engineer access to the Work in preparation and progress wherever
located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement
of copyrights and patent rights and shall hold the Owner, the Facility Manager and Engineer harmless from loss on
account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of
a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations
are contained in Drawings, Specifications or other documents prepared by the Owner or Engineer. However, if the
Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Engineer.
§ 3.18 INDEMNIFICATION
§ 3.18.1 To the fullest extent permitted bylaw, the Contractor shall defend, indemnify and hold harmless the Owner,
AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM Limited Partnership, Sports &
Entertainment Services, LLC, Engineer, Engineer’s Consultants, and their respective general partners, agents,
representatives and employees (collectively, "Indemnitees") of any of them from and against claims, damages,
losses and expenses, including but not limited to reasonable attorneys’ fees, court costs and the cost of appellate
proceedings, arising out of or resulting from, either directly or indirectly, the performance of the Work or the
conditions of the Site provided that any such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (including the Work itself) including
loss of use resulting therefrom, but only to the extent caused by a negligent act or omission of the Contractor, a
Subcontractor, a Sub-subcontractor anyone directly or indirectly employed by them or anyone for whose acts they
may be liable.. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of
indemnity, which would otherwise exist as to a party or person described in this Section 3.18.1. The Contractor, at
its own expense and risk, shall defend all legal proceedings that may be brought against the Indemitees on any such
claim, damage, loss or expense, and satisfy any resulting judgment that may be rendered against any of them.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Engineer, the
Engineer’s consultant, and agents and employees of any of them arising out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the
failure to give directions or instruction by the Engineer, the Engineer’s Consultants, and agents and employees of
any of them; provided such giving or failure to give is the primary cause of injury or damage. This paragraph shall
not limit the obligations of the Contractor to the Owner, when the Owner serves as a consultant or sub-consultant to
the Engineer.

ARTICLE 4 ENGINEER
§ 4.1 GENERAL
§ 4.1.1 The Owner shall retain an Engineer lawfully licensed to practice Engineering or an entity lawfully practicing
Engineering in the jurisdiction where the Project is located. That person or entity is identified as the Engineer in the
Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents
shall not be restricted, modified or extended without written consent of the Owner, Contractor and Engineer.
Consent shall not be unreasonably withheld.
§ 4.1.3 If the employment of the Engineer is terminated, the Owner shall employ a successor Engineer as to whom
the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
Engineer.
§ 4.2 ADMINISTRATION OF THE CONTRACT
§ 4.2.1 The Engineer will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed
with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
fully completed, will be in accordance with the Contract Documents. However, the Engineer will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Engineer will
not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.2 On the basis of the site visits, the Engineer will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. The Engineer will not be responsible for the Contractor’s failure to perform the
Work in accordance with the requirements of the Contract Documents. The Engineer will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
§ 4.2.3 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner, Engineer, and Contractor shall endeavor to communicate with each other about matters
arising out of or relating to the Contract. Communications by and with the Engineer’s consultants shall be through
the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with separate contractors shall be through the Owner.
§ 4.2.4 Based on the Engineer’s evaluations of the Contractor’s Applications for Payment, the Engineer will review
and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
§ 4.2.5 The Engineer has authority to reject Work that does not conform to the Contract Documents. Whenever the
Engineer considers it necessary or advisable, the Engineer will have authority to require inspection or testing of the
Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise
such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, material
and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 4.2.6 The Engineer will review and approve, or take other appropriate action upon, the Contractor’s submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Engineer’s action will be
taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal
schedule, with reasonable promptness while allowing sufficient time in the Engineer’s professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the

Contract Documents. The Engineer’s review of the Contractor’s submittals shall not relieve the Contractor of the
obligations under Sections the Contract Documents. The Engineer’s review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Engineer, of any construction means, methods, techniques,
sequences or procedures. The Engineer’s approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
§ 4.2.7 The Owner will prepare Change Orders and Construction Change Directives.
§ 4.2.8 The Engineer will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and
assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10.
§ 4.2.9 The Engineer will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.10 Interpretations and decisions of the Engineer will be consistent with the intent of, and reasonably inferable
from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
and decisions, the Engineer will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either.
§ 4.2.11 The Engineer’s decisions on matters relating to aesthetic effect will be approved by the Owner and will be
final if consistent with the intent expressed in the Contract Documents.
§ 4.2.12 The Engineer will review and respond to requests for information about the Contract Documents. The
Engineer’s response to such requests will be made in writing within five (5) business days or otherwise with
reasonable promptness. If appropriate, the Engineer will prepare and issue supplemental Drawings and
Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of
the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in
number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor"
does not include a separate contractor or subcontractors of a separate contractor.
§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract
Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-
subcontractor.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner the names of persons or entities
(including those who are to furnish materials or equipment fabricated to a special design) proposed for each
principal portion of the Work. The Owner may reply within fourteen (14) days to the Contractor in writing stating
whether the Owner or the Engineer has reasonable objection to any such proposed person or entity. Failure of the
Owner to reply within the fourteen (14) day period shall constitute notice of no reasonable objection.
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Engineer has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the
Contractor has made reasonable objection.
§ 5.2.3 If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall
propose another to whom the Owner has no reasonable objection. If the proposed but rejected Subcontractor was

reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by
the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before
commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time
shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as
required.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner makes
reasonable objection to such substitution.
§ 5.3 SUBCONTRACTUAL RELATIONS
By appropriate agreement, written where legally required for validity, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,
including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents,
assumes toward the Owner and Engineer. Each subcontract agreement shall preserve and protect the rights of the
Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor
so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically
provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the
Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,
copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may
be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
such documents available to their respective proposed Sub-subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided
that
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and
obligations under the subcontract.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor’s
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to
a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,
the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the
subcontract.
§ 5.4.4 If the Owner accepts assignment of Subcontractors, promptly upon demand by Owner, Contractor shall
provide Owner with copies of all applicable subcontract and current information on the status of all accounts with
the assigned Subcontractors.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations
on the site, the term "Contractor", Construction Manager at Risk", or "CMAR" in the Contract Documents in each
case shall mean the Contractor who executes each separate Owner-Contractor Agreement.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
other separate contractors and the Owner and Facility Manager in reviewing their construction schedules. The
Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate
contractors and the Owner until subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations
and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without
excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY
§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor’s construction and operations with theirs as required by the Contract Documents.
§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for
such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the
Contractor’s Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate
contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall
be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly
timed activities, damage to the Work or defective construction.
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially
completed construction or to property of the Owner, separate contractors as provided in Section 10.2.5.
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14.
§ 6.3 OWNER’S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the
Owner may after reasonable notice, cleanup and allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
§ 7.1 GENERAL
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Engineer; a Construction
Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Engineer alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive
or order for a minor change in the Work.
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Owner and signed by the Owner, Contractor and
Engineer stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment, if any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1 A Construction Change Directive is a written order prepared by the Owner and signed by the Owner and
Engineer, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a percentage fee of fifteen (15%)
percent in the case of Work performed by Subcontractors, and zero percent (0%) in case of Work
provided by Contractor.
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted.
§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Owner of the Contractor’s agreement or disagreement with the method, if any,
provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or
Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall
be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and
credits covering related Work or Substitutions are involved in a change, the allowance for overhead and profit at a
percentage rate not to exceed that used in calculating the Guaranteed Maximum Price (GMP) shall be figured on the
basis of net increase in Work performed by Subcontractors, if any, with respect to that change.
§ 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment.
The Owner will make an interim determination for purposes of monthly certification for payment for those costs and
certify for payment the amount that the Owner determines, to be reasonably justified. The Owner’s interim
determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of
either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.9 When the Owner and Contractor agree with a determination made by the Owner concerning the adjustments
in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall
be effective immediately and the Owner will prepare a Change Order. Change Orders may be issued for all or any
part of a Construction Change Directive.
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Engineer in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor and Owner, unless the date of commencement of the Work is established by the
Contract Documents or a notice to proceed is given by the Owner. The date of commencement of the Work shall not
be changed by the effective date of such insurance.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial and Final
Completion within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of
the Owner or Engineer, or of an employee of either, or of a separate contractor employed by the Owner; or by
changes ordered in the Work that are not due to negligence or willful misconduct of Contractor, Subcontractors,
Sub-subcontractors of their respective employees or agents; or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner
pending mediation and arbitration; or by other causes that the Engineer determines may justify delay, then the
Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of
the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement and including adjustments permitted under the Contract Documents, is
the total amount payable by Owner to the Contractor for performance of the Work under the Contract Documents
not to exceed the GMP. The parties acknowledge that the Facility Manager has no responsibility for making
payment to the Contractor for any work performed pursuant to this Contract. The Facility Manager’s sole role in
connection with this Contract is to participate in meetings related to the scheduling of the work to be performed
hereunder, and to perform its other duties pursuant to the Facility Management Agreement, which include
coordinating security, building operations, engineering and parking services.
§ 9.2 SCHEDULE OF VALUES
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Owner, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the

various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as
the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the
Contractor’s Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Owner an itemized Application for Payment prepared in accordance with the schedule of values, required under
Section 9.2., for completed portions of the Work. Such application shall be notarized and supported by such data
substantiating the Contractor’s right to payment as such as copies of requisitions from Subcontractors and material
suppliers, and shall reflect retainage if provided for in the Contract Documents.
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Engineer, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by
others whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such
materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the site.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
at the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work
for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the
best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of the Contractor, Subcontractors, Sub-subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 Within seven days after receipt of the Contractor’s Application for Payment the Owner will issue a
Certificate for Payment, with a copy to the Contractor, for such amount as the Owner determines is properly due, or
notify the Contractor in writing of the Owner’s reasons for withholding certification in whole or in part as provided
in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by Owner, based on the Owner’s
evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Owner’s
knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work
is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific
qualifications expressed by the Owner. The issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a
Certificate for Payment will not be a representation that the Engineer has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to
protect the Owner, if in the Owner’s opinion the representations to the Owner required by Section 9.4.2 cannot be

made. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor Owner cannot agree on a revised amount, the
Owner will promptly issue a Certificate for Payment for the amount for which the Owner is able to make such
representations. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered
evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be
necessary in the Owner’s opinion to protect the Owner from loss for which the Contractor is responsible, including
loss resulting from acts and omissions described in Section 3.3.2, because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
.8 any other material breach of Contract Documents.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents.
§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the
Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar
manner.
§ 9.6.3 The Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages
of completion or amounts applied for by the Contractor and action taken thereon by the Engineer and Owner on
account of portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly
paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for
subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the
right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer
nor AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM Limited Partnership or Sports and
Entertainment Services shall have an obligation to pay or to see to the payment of money to a Subcontractor, except
as may otherwise be required by law.
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that
provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.7 FAILURE OF PAYMENT
If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days
after the date established in the Contract Documents the amount certified by the Engineer or awarded by binding
dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Engineer,
stop the Work until payment of the amount owing has been received. The Contract Time shall be extended

appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-
down, delay and start-up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Engineer a comprehensive list of
items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor’s list, the Owner and Engineer will make an inspection to determine whether
the Work or designated portion thereof is substantially complete. If the Owner and Engineer’s inspection discloses
any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the
Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended
use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item
upon notification by the Engineer. In such case, the Contractor shall then submit a request for another inspection by
the Owner and Engineer to determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Owner will prepare a Certificate
of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of
the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix
the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Contractor for their written acceptance of
responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner
shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be
adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.8.6 In additional to the foregoing provision of this Section 9.8, the following are conditions precedent for
Substantial Completion:
.1 Inspection, approval, occupancy, and other permits issued by regulatory agencies having
jurisdiction and without conditions. Conditional permits do not satisfy Substantial Completion
requirements unless such permits are not issued for reasons beyond Contractor’s control.
.2 All building systems in place, complete, functional and accepted by the Engineer and Owner.
.3 Facilities are able to be secured by Owner.
.4 Odor and fume generating activities are complete. This includes work such as painting, staining,
floor installation, etc. This also includes odor generating activity that originates in non-occupied
spaces, but could enter and impact occupied areas.
.5 Final cleaning is complete and all construction air filters have been replaced with clean, permanent
air filters.
.6 All dust generating activity within occupied spaces has been completed. This includes dust
generating activity that originates in non-occupied spaces, but could enter and impact occupied
areas.
.7 Operation and maintenance training as required by the Contract Documents for the Owner’s
personnel to maintain operation and occupancy of the facility has been completed. Contractor
remains liable and responsible for any damage to systems or equipment until Owner receives this
information and training.
.8 All conveying systems, mechanical, plumbing, electrical, and life safety or other special systems
and equipment are complete, operational, inspected and have received all required operating
permits, to the extent that the Owner can safely and legally use and occupy the facility.

.9 Remaining punch-list items do not represent a hazard or create and adverse impact to the Owner
and occupants in order for the Contractor and Subcontractors to complete. Completion of punch-
list items must not cause interruption or disruption to the Owner’s functions due to noise, dust,
odor, fumes, etc., or they must be undertaken and completed at times convenient to the Owner’s
operations and at no added costs to the Owner.
§ 9.9 PARTIAL OCCUPANCY OR USE
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
submit a list to the Owner and Engineer as provided under Section 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by
written agreement between the Owner and Contractor.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Engineer shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Owner and Engineer will promptly make such inspection
and, when the Owner and Engineer finds the Work acceptable under the Contract Documents and the Contract fully
performed, the Owner will promptly issue a final Certificate for Payment stating that to the best of the Owner’s
knowledge, information and belief, and on the basis of the Owner’s on-site visits and inspections, the Work has been
completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to
be due the Contractor and noted in the final Certificate is due and payable. The Owner’s final Certificate for
Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the
Contractor’s being entitled to final payment have been fulfilled.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
to the Owner (1) a properly completed Payroll Report Form for each Contractor and Subcontractor evidencing
Project final payroll for worker’s compensation codes, (2) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be
responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (3) a certificate
evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in
effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the
Owner, (4) a written statement that the Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents, (5) consent of surety, if any, to final payment
and (6) other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens,
claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be
designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the
Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner
may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Engineer so confirms, the
Owner shall, upon application by the Contractor and certification by the Owner, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the

remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner prior to
certification of such payment. Such payment shall be made under terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to
.1 employees of Contractor and Subcontractor (regardless of tier) on the work and other persons who
may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Sections 10.2.1.2 and
10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is
responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the
Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either
of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of
the Contractor are in addition to the Contractor’s obligations under Section 3.18 a Subcontractor, a Sub-
subcontractor or anyone directly or indirectly employed by any of them or by anyone whose acts they may be liable.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise
designated by the Contractor in writing to the Owner.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not
insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice
shall provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 HAZARDOUS MATERIALS
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner in writing.
§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory
to verify the presence or absence of the material or substance reported by the Contractor and, in the event such
material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the
Contract Documents, the Owner shall furnish in writing to the Contractor and Engineer the names and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such material or substance or
who are to perform the task of removal or safe containment of such material or substance. The Contractor and the
Engineer will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the
persons or entities proposed by the Owner. If either the Contractor or Engineer has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Engineer have no
reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall
resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be
extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable
additional costs of shut-down, delay and start-up.
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Engineer, Engineer’s consultants and agents and employees of any of them from and against claims,
damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
of the party seeking indemnity.
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s
fault or negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s
fault or negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation
of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,
the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
on account of an emergency shall be determined as provided in Article 15 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR’S LIABILITY INSURANCE
Prior to the commencement of construction of the Work, the Contractor shall obtain and cause its subcontractors to
obtain, with insurers and in amounts acceptable to the Owner, insurance in the following forms:
§ 11.1.1 Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of employees engaged in the construction of the Work, and Employers’ Liability insurance with a
minimum limit of not less than One Million Dollars ($1,000,000) for bodily injury by accident, One Million Dollars
($1,000,000) for bodily injury for disease, aggregate policy limits. Evidence of qualified self-insured status shall
also suffice for this Section 11.1.1.
§ 11.1.2 General Liability insurance with a minimum combined single limit of Two Million Dollars ($2,000,000)
each occurrence applicable to the Work and an annual aggregate limit of liability of Five Million Dollars
($5,000,000) applicable solely to the construction of the Work. Subcontractors shall be allowed to maintain liability
limits of Two Million Dollars ($2,000,000) in lieu of Five Million Dollars. The policy shall include coverage for
any and all of the following: bodily injury, broad form property damage (including completed operations), personal
injury (including coverage for contractual and employee acts), blanket contractual liability, independent contractors
incidental professional liability, and products and completed operations. Further, the policy shall include coverage
for the hazards commonly referred to as "XCU". The products and completed operations coverage shall extend for
five (5) years past acceptance, cancellation or termination of the Work. Said policy shall contain a severability of
interest provision.
§ 11.1.3 Builder’s Risk insurance with a limit of liability equal to the final completed value of the Work. The
coverage shall apply to physical loss of or damage to insured property and shall include coverage for flood, water
damage, earthquake, and earth movement. This insurance shall cover at the Work construction site, at any off-site
storage location, and while in transit, any and all materials and supplies, including buildings, and all temporary
structures at the construction site, to be used in or incidental to the fabrication, erection, testing, or completion of the
work. This insurance shall cover the insurance property against direct damage, but may exclude war and related
causes, nuclear perils, infidelity of employees, mysterious disappearance, and ordinary wear and tear. The insurance
may also exclude the costs of making good any faulty workmanship, material, construction, or design, but is
intended specifically to cover loss or damage arising as a consequence of these perils. This insurance should cover
against consequential losses that may occur if there is a delay in the completion of the Work resulting from an
insured peril. Deductible will be for the account of and payable by the Contractor. The cost of the deductible may
not be included in any Change Order to the Owner.
§ 11.1.4 Automobile Liability insurance with a combined single limit for bodily injury and property damage of not
less than Two Million Dollars ($2,000,000) per occurrence with respect to all vehicles used in performance of the
Work on or off the Site, whether owned, non-owned, leased, hired, assigned, or borrowed.
§ 11.1.5 Contractor’s equipment insurance covering owned, non-owned, or leased equipment used in connection
with the construction of the Work.
§ 11.1.6 Commercial crime insurance, which shall cover employees responsible to disburse funds to pay costs
against employee dishonesty, forgery or alteration, or computer fraud.
§ 11.1.7 The insurance required by Section 11.1 shall remain in effect until the end of the Construction Period and at
all time after that when the Contractor may be correcting, or removing and replacing defective Work, and the
Contractor and the Owner have agreed in writing that the Work is covered under insurance designed for the purpose
of providing coverage for the accepted Work while occupied.
§ 11.1.8 The policies required by Sections 11.1.2, 11.1.3 and 11.1.4 herein shall be endorsed to include the Owner,
AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM Limited Partnership and Sports &

Entertainment Services, LLC, as well as their respective general partners agents, officials, and employees as
insureds and shall stipulate that the insurance afforded by the policies shall be primary insurance and that any
insurance, self-insured retention, deductibles, or risk retention programs maintained or participated in by the Owner,
or their agents, officials or employees shall be excess and not contributory to insurance required by Sections 11.1.2,
11.1.3, and 11.1.4. Coverages shall be maintained without interruption from date of commencement of Work until
date of final payment unless otherwise required by the Contract Documents.
§ 11.1.9 The Contractor shall cause insurers providing the policies required by Section 11.1 to waive all rights of
recovery against the Owners, AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM Limited
Partnership and Sports & Entertainment Services, LLC, and their respective general partners agents, officials and
employees.
§ 11.1.10 Contractor shall provide, and cause Subcontractors to provide, certificates of insurance from insurers
acceptable to the Owner prior to commencement of the construction of the Work as evidence that policies providing
the required coverages, conditions and limits are in full force and effect. Such certificates shall identify this
Contract and contain provisions that coverage afforded under the policies shall not be canceled, terminated, reduced,
or materially changed until after sixty (60) days’ prior written notice has been given to the Owner. Certificates of
insurance and any notice of cancellation or material change should be addressed as follows:
Maricopa County Stadium District
401 East Jefferson Street
Phoenix, AZ 85004
Certificates evidencing the completed operations liability coverage will be required for five (5) years past the date
the Owner accepts its Certificate of Occupancy for the entire Work. Certificates evidencing such insurance and any
other insurance required to remain in force after final payment shall be submitted with the final Application for
Payment as required by Section 9.10.2.
§ 11.1.11 The Owner reserves the right to request and receive certified copies of any or all of the above insurance
policies and/or endorsements.
§ 11.1.12 All insurance policies required by this Section 11.1 shall be obtained from a financially sound insurance
company rated not less than A (Excellent) XII by A.M. Best Company, and be authorized to do business in the State
of Arizona.
§ 11.1.13 Cost of all insurance policies required by Section 11.1 are the sole responsibility of the Contractor.
§ 11.1.14 The stipulation of insurance coverages in this Section 11.1 shall not be construed to limit, qualify, or waive
any liabilities or obligations of Contractor, assumed or otherwise, under this contract.
§ 11.1.15 Failure on the part of the Contractor to procure or maintain the required insurance shall constitute a
material breach of this Contract, upon which the Owner may immediately terminate this Contract, or (at the
discretion of the Owner) procure and renew such insurance and pay any and all premiums in connection therewith,
and all monies so paid by Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset
the cost of the premiums against any monies due to the Contractor.
§ 11.2 OWNER’S LIABILITY INSURANCE
§ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.
§ 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
§ 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective
Liability insurance from the Contractor’s usual sources as primary coverage for the Owner’s, Contractor’s and
Engineer’s vicarious liability for construction operations under the Contract. Unless otherwise required by the
Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of
purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for
purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with

such coverage shall be equal to the aggregate of the limits required for Contractor’s Liability Insurance under
Sections 11.1.1.2 through 11.1.1.5.
§ 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner,
Contractor and Engineer waive all rights against each other for damages, except such rights as they may have to the
proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise.
§ 11.3.3 The Owner shall not require the Contractor to include the Owner, Engineer or other persons or entities as
additional insureds on the Contractor’s Liability Insurance coverage under Section 11.1.
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of
obligations arising hereunder. The Contractor shall file with the Owner a performance bond and a payment bond on
state-approved forms in the full amount of the Contract. The conditions and provisions of the bonds regarding the
surety’s obligation shall follow the form required under Title 34 of the Arizona Revised Statutes (ARS). The cost of
the bonds shall be included in the Contract Sum. The bonds required by this section shall be provided solely by one
or more surety companies holding a Certificate of Authority to transact business in the State of Arizona, issued by
the Director of the Department of Insurance pursuant to ARS Section 20, Chapter 2, Article 1.
.1 The Contractor shall deliver the required bonds to the Owner at the time the Contract is entered
into.
.2 The Contractor shall require the attorney-in-fact who executes the required bond on behalf of the
surety to affix thereto a certified and current copy of the Power of Attorney.
.3 The bonds shall be payable to the public body concerned.
.4 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of
the bonds or shall permit a copy to be made.
§ 11.5 PROPERTY INSURANCE
§ 11.5.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s
risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at
the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person
or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-
subcontractors in the Project.
§ 11.5.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for Engineer’s and Contractor’s services and
expenses required as a result of such insured loss.
§ 11.5.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to
commencement of the Work. The Contractor may then effect insurance that will protect the interests of the
Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all
reasonable costs properly attributable thereto.
§ 11.5.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
deductibles.

§ 11.5.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work
in transit.
§ 11.5.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.5.2 BOILER AND MACHINERY INSURANCE
The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds.
§ 11.5.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss
of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action
against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other
hazards however caused.
§ 11.5.4 If the Contractor requests in writing that insurance for risks other than those described herein or other
special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such
insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.5.5 If during the Project construction period the Owner insures properties, real or personal or both, at or
adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final
payment property insurance is to be provided on the completed Project through a policy or policies other than those
insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of
Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All
separate policies shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.5.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least thirty
(30) days’ prior written notice has been given to the Contractor.
§ 11.5.7 WAIVERS OF SUBROGATION
The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-
subcontractors, agents and employees, each of the other, and (2) the Engineer, Engineer’s consultants, separate
contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees,
for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to
this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of
such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the
Engineer, Engineer’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-
subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay
the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the
property damaged.
§ 11.5.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of

insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
§ 11.5.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against
proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
accordance with the method of binding dispute resolution selected in the Agreement between the Owner and
Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change
in the Work in accordance with Article 7.
§ 11.5.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties
in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if
such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the
method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the
method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a
dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
§ 11.6 PERFORMANCE BOND AND PAYMENT BOND
§ 11.6.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
required in the Contract Documents on the date of execution of the Contract.
§ 11.6.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall
authorize a copy to be furnished.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 UNCOVERING OF WORK
§ 12.1.1 If a portion of the Work is covered contrary to the Engineer’s request or to requirements specifically
expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the
Engineer’s examination and be replaced at the Contractor’s expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered that the Engineer has not specifically requested to examine prior
to its being covered, the Engineer may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such
costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or
a separate contractor in which event the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of
the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost
of uncovering and replacement, and compensation for the Engineer’s services and expenses made necessary thereby,
shall be at the Contractor’s expense.
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two (2) years after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the

Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
Engineer, the Owner may correct it in accordance with Section 2.4.
§ 12.2.2.2 The two (2) year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.
§ 12.2.2.3 The two (2) year period for correction of Work shall not be extended by corrective Work performed by
the Contractor pursuant to this Section 12.2.
§ 12.2.2.4 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§ 12.2.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.
§ 12.2.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the two (2) year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 GOVERNING LAW
The Contract shall be governed by the law of State of Arizona.
§ 13.2 SUCCESSORS AND ASSIGNS
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other, which consent shall not be unreasonably withheld, conditioned or delayed. If either party attempts to make
such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations
under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents.
The Contractor shall execute all consents reasonably required to facilitate such assignment.
§ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address known to the party
giving notice.
§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law.

§ 13.4.2 No action or failure to act by the Owner, Engineer or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Engineer
timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such
procedures. The Contractor shall bear costs of tests, inspections or approvals.
§ 13.5.2 If the Engineer, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Engineer will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Engineer of
when and where tests and inspections are to be made so that the Engineer may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Contractor’s expense.
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Engineer’s services and expenses
shall be at the Contractor’s expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Engineer and Owner.
§ 13.5.5 If the Engineer or Owner is to observe tests, inspections or approvals required by the Contract Documents,
the Engineer or Owner will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
§ 13.6 INTEREST
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at twelve
percent (12%) per annum.
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,
but in any case not more than ten (10) years after the date of Substantial Completion of the Work. The Owner and
Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
§ 13.8 EQUAL OPPORTUNITY
§ 13.8.1 The Contractor shall maintain policies of employment as follows:
.1 The Contractor and all Subcontractors (of any tier) shall not discriminate against any employee or
applicant for employment because of race, religion, color or sex, national origin, disability, disabled
or Vietnam era veteran status. The Contractor shall take affirmative action to insure that applicants
are employees, and that employees are treated during employment without regard to their race,
religion, color, sex, national origin, disability or disabled or Vietnam era veteran status. Such action
shall include, but no be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to

employees and applicants for employment, notices setting forth the policies of non-
discrimination.
.2 The Contractor and all Subcontractors (of any tier) shall, in all solicitations or advertisements for
employees placed by them or on their behalf, state, that all qualified applicants will receive
consideration for employment without regard to race, religion, sex, national origin, disability,
disabled or Vietnam era veteran status.
§ 13.9 THIRD-PARTY BENEFICIARY RIGHTS
AZPB Limited Partnership, AZPB FM Limited Partnership, AZPB REM Limited Partnership shall be considered
third party beneficiaries under this Agreement and have all rights incident thereto.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or
any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,
for any of the following reasons:
.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to
be stopped;
.2 An act of government, such as a declaration of national emergency that requires all Work to be
stopped;
.3 Because the Owner has not issued a Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
payment on a Certificate for Payment within the time stated in the Contract Documents; or
.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable
evidence as required by Section 2.2.1.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for completion, or one hundred twenty(120) days in any three hundred sixty-five (365)-day period,
whichever is less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, or in the event of a material breach by the
Owner and failure to cure by Owner within seven (7) days after notice of said breach, the Contractor may, upon
seven days written notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment
for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and
machinery, including reasonable overhead, profit and damages, except of Work that is disputed.
§ 14.1.4 If the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor
or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner, terminate the Contract and recover from the Owner as provided in Section 14.1.3.
§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority; or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and

after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
.2 Accept assignment of subcontracts pursuant to Section 5.4; and
.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Engineer’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract.
§ 14.2.4 This contract may be terminated by the Owner pursuant to ARS § 38-511.
§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
.3 except for Work directed to be performed prior to the effective date of termination stated in the
notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
and purchase orders.
§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed.
ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 CLAIMS
§ 15.1.1 DEFINITION
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Engineer, if the Engineer is not serving as the Initial Decision Maker.
Claims by either party must be initiated within twenty-one (21) days after occurrence of the event giving rise to such
Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim,
whichever is later.
§ 15.1.3 CONTINUING CONTRACT PERFORMANCE
Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents except for work that is disputed.
§ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given within fifteen days after the Contractor recognizes the claim and before proceeding to execute the Work.
Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section
10.4.
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.
§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.
§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work performed .
This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination
in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents including, but
not limited to, liquidated damages expressly set forth in Sections 3.10.4 and 3.10.5 hereof.
§ 15.2 INITIAL DECISION
§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial
Decision Maker for initial decision. The Engineer will serve as the Initial Decision Maker, unless otherwise
indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30
days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide
disputes between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the

Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial
Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
such persons at the Owner’s expense.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon
receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
in whole or in part.
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating
that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state
the reasons therefore; and (3) notify the parties and the Engineer, if the Engineer is not serving as the Initial
Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and
binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to
binding dispute resolution.
§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section
15.2.6.1.
§ 15.2.6.1 Either party may, within thirty (30) days from the date of an initial decision, demand in writing that the
other party file for mediation within sixty (60) days of the initial decision. If such a demand is made and the party
receiving the demand fails to file for mediation within the time required, then both parties waive their rights to
mediate or pursue binding dispute resolution proceedings with respect to the initial decision.
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner
may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.
§ 15.3 MEDIATION
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
to binding dispute resolution.
§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of
the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless
proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 ARBITRATION
§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually
agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing,
delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The
party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on
which arbitration is permitted to be demanded. All arbitrator fees shall be mutually shared by the parties.
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
legal or equitable proceedings based on the Claim.
§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
having jurisdiction thereof.
§ 15.4.4 CONSOLIDATION OR JOINDER
§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with
any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact,
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under
this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Contractor under this Agreement.

Attachment A
CONTRACTOR GENERAL WORK AGREEMENT
 Have appointment set 24 hours in advance
 Check in with Security and obtain badge
 Provide emergency contact numbers
 Get approval for parking from Security if necessary
 Check in with Facilities Engineering
 Provide copies of MSDS to Facilities Engineering for materials that will be used on
the project
 Explain scope of work to Facilities Engineering Management
 Obtain HOT WORK PERMIT if needed from Facilities Engineering and follow all
guidelines noted on permit
 Determine if fire alarm points need to be disabled, contact Facilities Engineering
 No smoking in the building, smoking allowed in designated outside areas only
 Provide own tools and safety equipment (including ladders)
 Asking for autographs or taking photographs is strictly prohibited
 It is imperative that you Call Security at 602-462-6155 in the event of any emergency
 No propping open doors or granting entry to anyone at any time
 Inspect work area with Facilities Engineering at completion of project
 Return completed HOT WORK PERMIT to Facilities Engineering
 Return vendor badge to Security

Company Name: __________________________________
Printed Name: ____________________________________
Signature: _______________________________________
Phone Number: ___________________________________
Date: ___________________________________________

Attachment B
PARKING AGREEMENT
 Vendors will use only the ten (10) designated parking spaces that are
immediately west of the Security booth under the 7th Street Bridge for check-in
purposes. If relocation is necessary, Security will assist with parking inside and
outside the fenced area. For special parking requirements you will need to
make prior arrangements through Security or Facilities Engineering. All
overflow parking will be directed to the Chase Field Parking Garage.
 All vehicles may be subject to search.
 All vehicles must have valid license and insurance.
 Delivery Gate opens at 8:00am each morning, Monday – Friday, unless prior
arrangements are made with Security 24 hours in advance.
 Vehicles may NOT be parked earlier than 30 minutes prior to the start of your
assigned work time; or more than 30 minutes past the end of your assigned
work time. All vehicles must exit the property at the end of each workday unless
prior arrangements have been made.
 On event days, all parking must be pre-approved and parking areas should be
vacated by 2:00pm.
 All company vehicles must be clearly marked with a company name or post the
company name in the window of the vehicle, if it is not marked.
Company Name: __________________________________
Printed Name: ____________________________________
Signature: _______________________________________
Phone Number: ___________________________________
Date: ___________________________________________

Attachment C
CONTRACTOR / VENDOR POLICIES
The following policies are for all Contractors or Vendors that need to access Chase Field
properties for any work related assignments. Each Contractor / Vendor will need to have
a Facility Point of Contact before they are allowed on property. Upon arrival, Security
will call the Facility Point of Contact to notify them of your arrival.
 Must provide a Certificate of Insurance that meets the Facility Manager’s
requirements prior to commencing work.
 All Contractors and Vendors should access Chase Field via the Security Checkpoint
located at Jackson and 7th Streets. This area is located under the 7th Street overpass
and can only be accessed from Jackson Street, east of the ballpark.
 Contractors and Vendors should only access the building through the employee
entrance located at the N.E. corner of Chase Field.
 All vendors must supply an emergency contact name and phone number prior to
starting work on the project
 Contractors and Vendors must check in with the Security Department, obtain a
Contractor or Vendor badge and wear it at all times while on site. To obtain a badge,
you must provide Security with a photo ID which will be held at Security Control until
the badge is returned.
 Contractors and Vendors that have scheduled work will park in the designated
parking area as directed by the Security Department. Any vehicle not parked in the
designated area may be towed at the vehicle owner’s expense.
 Contractors and Vendors should only be in areas of assigned work. Any Contractor
or Vendor found in unauthorized areas may be escorted off of the property.
 Any work being performed that generates heat or spark will require a Hot Work
Permit issued by the Facilities Engineering Department.
 At no time may Contractors or Vendors leave their vehicles, tools, equipment,
chemicals or any unsafe items on property. Any requests to do so must be approved
through the Facilities Engineering and Security Departments.
 Upon leaving the property, Contractors and Vendors must return to Security Control,
sign out, return badge and retrieve your identification.
 Prior to commencing work at Chase Field all Contractors or Vendors must complete the
appropriate Contractor Work Agreement that pertains to the project. (i.e. Contractor
General Work Agreement, Parking Agreement, Electrical Agreement, Roof Agreement)
Security/Engineering Contacts:
Security Control (602) 462-6155 Security Control (24/7)
Jim White (602) 462-6112 Director of Facilities Engineering
Dave Ellis (602) 462-6197 Director of Security

Attachment D
ELECTRICAL AGREEMENT
 The guidelines of the NEC article 110.12 are enforced!
Please take pride in your work while in our facility.
 ‘Lock Out - Tag Out’ is not an option. It is a requirement!
Your safety and the safety of those around you depend on it! If you can’t lock it out (no safety
lock?) you cannot work on it!
 Access to ANY electric room, motor control center, switchboard, panel or disconnect is
prohibited without approval from the Electrical Engineering Manager of Chase Field.
 The routing of conduit should be planned carefully and must be approved prior to installation
by the Electrical Engineering Manager for Chase Field.
 All conduit should be size appropriate and no smaller than ¾” ID unless approved by
Facilities Engineering.
 Conduit should be neat in appearance, and supported properly per the NEC.
 ALL feeder and branch circuit wiring will be continuous runs. NO SPLICING of wires at any
time or for any reason without the approval of the Electrical Engineering Manager for Chase
Field. NO EXCEPTIONS!
 Color codes for feeder wire and branch circuits will be strictly adhered to and enforced.
 All fittings for EMT conduit will be steel compression type. NO SET SCREW FITTINGS!
 No PVC conduit or fittings allowed.
 Steel and Sealtight flex (when allowed) will be no longer than three feet in any application.
 No aluminum or plastic ‘flex’ conduit is allowed.
 Aluminum Flexible Metal Conduit (MC Cable) is NOT PERMITTED.
 Anchors for conduits and junction box systems shall be lead or steal insert type.
 Nail Anchors, drive pins anchors and plastic anchors are NOT PREMITTED.
 Communication Cables shall be properly placed in cable trays.
 All improperly installed cabling (i.e. cable’s hanging outside of a cable tray, tied to or hanging
from the building, or lying on the ground etc.) will be cut out and removed by Chase Field
staff.
 As-Built Drawings shall be maintained and demonstrated as accurate upon the completion of
the Contractor’s scope of work.
 The Electrical Manager of Chase Field, or a qualified delegate of his choosing, shall be
present for all Engineering, City and State inspections.
 All HI-POT, Meggar and NDT testing MUST be witnessed by the Electrical Engineering
Manager or his designee.
 The Electric Engineering Manager of Chase Field reserves the right to insist upon the
immediate correction of any electrical apparatus that is installed in a non workman like
manner. (SEE ITEM ONE ABOVE)
Company Name: __________________________________
Printed Name: ____________________________________
Signature: _______________________________________
Phone Number: ___________________________________
Date: ___________________________________________

Attachment E
CONTRACTOR CART OPERATION AGREEMENT
 If a Contractor brings an electric cart (electric only allowed) for use at the ballpark, it
is the Contractor’s responsibility to verify the presence and operating condition of all
safety components of the cart prior to use. These items include, but are not limited
to; horn, brakes, parking brake, tires, lights, steering, etc. If any of the safety devices
are not functioning properly the cart will not be allowed to be operated on ballpark
property.
 The parking brake should be engaged any time the cart is parked.
 The forward, neutral, and reverse selector should be placed in the neutral position
whenever the cart is parked.
 The key pad or ignition switch must be turned off and the key removed any time the
operator gets off the cart.
 Passengers may only ride in a designated seat.
 Operator must slow down when in tight or narrow hallways, use lights and sound the
horn when approaching doors and blind corners.
 Operator must obey STOP signs and stay to the right.
 Anyone who is driving a cart must have a current, valid driver’s license on file with
the General Contractor and the Maricopa County Stadium District or Arizona
Diamondbacks.
Company Name: __________________________________
Printed Name: ____________________________________
Signature: _______________________________________
Phone Number: ___________________________________
Date: __________________________________________