JOC Scottsdale

ATTACHMENT 5

Scottsdale No. 2025-007-COS
TABLE OF CONTENTS
RECITALS..................................................................................................................................... 1
ARTICLE 1 - CONTRACTOR’S SERVICES AND RESPONSIBILITIES.................................... 1
ARTICLE 2 - CITY’S SERVICES AND RESPONSIBILITIES....................................................17
ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME........................................................20
ARTICLE 4- CONTRACT PRICE AND JOB ORDER PRICE....................................................23
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME.......................................... 24
ARTICLE 6 - PROCEDURE FOR PAYMENT............................................................................ 30
ARTICLE 7 - CLAIMS AND DISPUTES................................................................... 33
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION..................................... 35
ARTICLE 9 - INSURANCE AND BONDS...................................................................................38
ARTICLE 10 - INDEMNIFICATION.............................. 445
ARTICLE 11 - GENERAL PROVISIONS....................................................................................46
ARTICLE 12 - DEFINITIONS...................................................................................................... 59
EXHIBIT A - STATUTORY PERFORMANCE BOND 
EXHIBIT B - STATUTORY PAYMENT BOND
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Contract No. 2025-007-COS
CITY OF SCOTTSDALE 
CONTRACT NO. 2025-007-COS
TF^ JOB ORDER CONTRACT, (the “Contract”) is entered into this O’rT day of
Or 1 r-ru______ , 2025, (the “Effective Date”) between the City of Scottsdale, an Arizona
muriicipal corporation (the “City”) and OMNI Electric, LLC, an Arizona Limited liability company 
(the "Contractor”).
RECITALS
A. 
The Mayor of the City of Scottsdale, Arizona, is authorized and empowered by the 
provisions of the City Charter to execute contracts for construction and related services.
B. 
The City intends to contract for construction and related services for one or more individual 
Job Orders.
C. 
Contractor has represented to the City the ability to provide or procure the required 
construction and related services and, based on this representation, the City engages 
Contractor for these services.
FOR AND IN CONSIDERATION of the mutual covenants and considerations contained in this 
Contract, it is agreed by the City and Contractor as follows:
ARTICLE 1 - CONTRACTOR’S SERVICES AND RESPONSIBILITIES
1.1. GENERAL SERVICES
A. 
Contractor will furnish any and all labor, materials, equipment, transportation, 
utilities, services and facilities specified in the individual Job Order for which it is 
issued a Job Order Notice to Proceed in accordance with this Contract. The City 
may determine it is in its best interest to furnish materials and equipment for an 
individual Job Order in accordance with the Job Order.
B. 
The Work will be performed in a good, workmanlike and substantial manner and 
to the satisfaction of the City Engineer and under the monitoring of the City 
Engineer, or her properly authorized agents, within the care and skill of a qualified 
contractor in Scottsdale, Arizona.
1. Minor design services may be required for some Job Orders. For those 
Job Orders that may require design services. Contractor will seek the 
services of an Arizona registered architect or engineering professional to 
prepare plans for permitting. The procurement of design services will be in 
accordance with City of Scottsdale procurement procedures. If the 
services of a design professional are used, the design professional must 
maintain at least $1,000,000 Professional Liability Coverage.
2. All documents prepared by Contractor are subject to review by the City. 
Review by the City is for the benefit of the City only, is not intended to be 
for the benefit of any other person, and does not relieve Contractor from
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Contract No. 2025-007-COS
the professional liability associated with the documents they have 
prepared.
3. Contractor’s Representative shall be reasonably available to the City and 
will have the necessary expertise and experience required to supervise the 
Contract Services. A Contractor’s Representative will be assigned for each 
Job Order. Contractor’s Representative will communicate regularly with the 
City and will be vested with the authority to act on behalf of Contractor.
C. The City is a member of $AVE cooperative purchasing group. SAVE includes the 
State of Arizona, Maricopa County, many Phoenix metropolitan area 
municipalities, and many K-12 unified school districts. Under SAVE Cooperate 
Purchasing Agreement, and with the concurrence of successful Respondents 
under this solicitation, a member of SAVE may access a contract resulting from 
this solicitation issued by the City. By signing the JOC Contract, Contractor agrees 
to allow other SAVE members the ability to purchase their needs and “use” this 
contract for JOC requirements.
1.2. GOVERNMENT APPROVALS AND PERMITS
A. 
Unless othenwise provided. Contractor will obtain or assist the City in obtaining all 
necessary permits, approvals and licenses required for the prosecution of the Work 
from any government or quasi-government entity having jurisdiction over the 
Project. Contractor is responsible for obtaining payment for the necessary 
environmental permits or file the necessary environmental notices.
B. 
Copies of these permits and notices must be provided to the City's Representative 
before starting the permitted activity. This provision does not constitute an 
assumption by the City of an obligation of any kind for violation of the permit or 
notice requirements.
C. 
The City is responsible for the City of Scottsdale review and permit(s) fees for 
building and demolition permits. The City will pay City review fees for grading and 
drainage, water, sewer, storm water management, and landscaping. The City will 
also pay for City utility design fees for permanent services.
D. 
Contractor is responsible for all other permits and review fees not specifically listed 
in Article 1.2(C) above.
E. 
Contractor is responsible for the cost of construction-related water meter(s), water 
and sewer taps, fire lines and taps, and all water bills on the project meters until 
Substantial Completion of the Project. Arrangements for construction water will be 
Contractor's responsibility. Construction water does not include “test water” 
required to complete new water line pressure tests.
F. 
The M.A.G. Standard Specification 107.12 is modified to read as follows: 
“Contractor, at its own expense, is responsible for the acquisition of any necessary 
temporary easements for construction purposes, storage, maintenance, and 
refuse haul-off as indicated upon the plans, which are required in addition to 
existing easements or rights-of-way secured by the City.”
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1.3. PRE-CONSTRUCTION CONFERENCE
A. 
After execution of a Job Order and before the commencement of any Work on any 
individual Job Order, a pre-construction conference may be scheduled.
B. 
The purpose of this conference is to establish a working relationship between 
Contractor, utility firms, and various City departments. The agenda will include 
critical elements of the work schedule, submittal schedule, level of Record 
Drawings required, cost breakdown of major lump sum items, payment application 
and processing, coordination with the involved utility firms, and emergency 
telephone numbers for all representatives involved in the course of construction.
C. 
At a minimum, attendees will include Contractor Representative, who is authorized 
to execute and sign documents on behalf of the firm, the job superintendent, and 
Contractor’s safety officer.
D. 
The Job Order Notice to Proceed date will be established.
E. 
Contractor will provide a Baseline Project Schedule indicating duration, manpower 
and equipment resources required to complete all major work activities. The City 
and Design Team will review and comment on the Baseline Project Schedule. 
Contractor will revise the Baseline Project Schedule to the satisfaction of the City’s 
Representative. No work will begin until the City accepts the Baseline Project 
Schedule.
F. 
Contractor will submit a Schedule of Values based on the work and bids accepted 
from selected Subcontractors. These values will reflect the actual labor time, 
materials, profit and overhead for the Work or in accordance with Contractor’s price 
book.
1.4. CONTROL OF THE WORK
Contractor will properly guard and protect all partially finished work and will be 
responsible for the Work until the entire Job Order is completed and accepted by the 
City. Any payment for completed portions of the Work will not release Contractor from 
this responsibility; however, he will turn over the entire Work in full compliance with the 
specifications or Job Order before final settlement is made. In case of suspension of 
the Work for any cause whatever. Contractor is responsible for the Project and will take 
all precautions necessary to prevent damage to the Project and will erect any necessary 
temporary structures, signs, or other facilities at no cost to the City.
A. 
After all Work under the Job Order is completed. Contractor will remove all loose 
concrete, lumber, wire, reinforcing, debris and other materials not incorporated in 
the Work from the site of the Work.
B. 
Unless the Job Order states that it is the responsibility of the City or a separate 
contractor. Contractor will provide through itself or Subcontractors the necessary 
supervision, labor, inspection, testing, start-up, material, equipment, machinery, 
temporary utilities, other temporary facilities, temporary fencing, roll-offs, and dust 
control to permit Contractor to complete the Work consistent with the Job Order.
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C. 
Contractor will perform all construction activities efficiently and with the requisite 
expertise, skill and competence to satisfy the requirements of the Job Order. 
Contractor will at all times exercise complete and exclusive control over the means, 
methods, sequences and techniques of construction.
D. 
Survey stakes and marks required for the completion of the construction shown on 
the plans and described in the specifications will be furnished by Contractor.
E. 
Contractor, its designee or Contractor’s Superintendent will be present at the Work 
at all times that construction activities are taking place.
1. All elements of the Work, such as concrete work, pipe work, etc., will be 
under the direct supervision of a foreman or his designated representative 
on the Site who will have the authority to take actions required to properly 
carry out that particular element of the Work.
2. In the event of noncompliance with Article 5.1, the City may require 
Contractor to stop or suspend the Work in whole or in part.
F. 
Where the Job Order requires that a particular product be installed or applied by an 
applicator approved by the manufacturer, it is Contractor’s responsibility to ensure 
the Subcontractor employed for the work is approved.
G. 
Before ordering materials or doing work. Contractor and each Subcontractor will 
verify measurements at the Site and will be responsible for the correctness of these 
measurements. No extra charge or compensation will be allowed because of 
differences between actual dimensions and the dimensions indicated on the 
drawings; differences, which may be found, will be submitted to the City for 
resolution before proceeding with the Work.
H. 
Contractor will take field measurements and verify field conditions and carefully 
compare these field measurements, conditions and other information known to 
Contractor with the Job Order before starting activities. Errors, inconsistencies or 
omissions discovered will be immediately reported to the City.
I. 
Contractor will establish and maintain all building and construction grades, lines, 
levels, and benchmarks, and will be responsible for the accuracy and protection of 
these items. This work will be performed or supervised by an Arizona licensed 
civil engineer or surveyor.
J. 
Any person employed by Contractor or any Subcontractor who, in the opinion of the 
City, does not perform his work in a proper, skillful and safe manner or is intemperate 
or disorderly will, at the written request of the City, be removed from the Work by 
Contractor or Subcontractor employing this person, and will not be employed again 
in any portion of the Work without the written approval of the City. Contractor or 
Subcontractor will hold the City harmless from damages or claims, which may occur 
in the enforcement of this Article.
K. 
Contractor assumes responsibility for the proper performance of the Work of 
Subcontractors and any acts and omissions in connection with this performance. 
Nothing in the Contract Documents is intended or considered to create any legal
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or contractual relationship between the City and any Subcontractor or Sub- 
Subcontractor, including but not limited to any third-party beneficiary rights.
L. 
Contractor will coordinate the activities of all Subcontractors. If the City performs 
other work on the Project or at the Site with separate contractors under the City’s 
control, Contractor agrees to reasonably cooperate and coordinate its activities 
with those of the separate contractors so that the Project can be completed in an 
orderly and coordinated manner without unreasonable disruption.
M. 
On a daily basis. Contractor will prepare a Contractor’s Daily Report. The City’s 
CPM Project Inspector or the Public Works Project Coordinator will provide a 
sample report format to the Contactor. The report will detail the activities that took 
place during the course of the day, all equipment utilized and the number of hours 
operated, and all personnel on the Site including Subcontractors. Unless 
othenwise arranged, the Daily Reports will be submitted on a daily basis to the 
City’s CPM Inspector or the Public Work’s Project Coordinator. The Daily Reports 
will also be made available to the City’s Representative upon request. Failure to 
provide Daily Reports as arranged or requested above will result in the retention 
of monthly progress payments until the Reports are brought up to date.
N. 
In the event of noncompliance with this Article 1.4, the City may require Contractor 
to stop or suspend the construction in whole or in part. Any suspension due to 
Contractor’s noncompliance will not be considered a basis for an increase in the 
Contract Price or extension of the Contract Time.
1.5. CONTROL OF THE WORK SITE
A. 
Throughout all phases of construction, including suspension of the Work, 
Contractor will keep the Site reasonably free from debris, trash and construction 
wastes to permit Contractor to perform its construction services efficiently, safely 
and without interfering with the use of adjacent land areas. Upon Substantial 
Completion of the Work, or a portion of the Work, Contractor will remove all debris, 
trash, construction wastes, materials, equipment, machinery and tools arising from 
the Work or applicable portions of it to permit the City to occupy the Project or a 
portion of the Project for its intended use.
B. 
Dust Control. Contractor will take whatever steps, procedures or means required 
to prevent abnormal dust conditions due to his construction operations in 
connection with this Contract. The dust control measures will be maintained at all 
times during construction of the Project(s) to the satisfaction of the City in 
accordance with the requirements of the Maricopa County Health Department Air 
Pollution Control Regulations and City of Scottsdale Supplement to M.A.G. 
Standard Specifications together with applicable provisions of Federal and State 
Law.
C. 
Dust Control Coordinator. At any City construction site of 5 acres or more of 
disturbed surface area, subject to a permit issued by a Control Officer requiring 
control of PM-10 emissions from dust generating operations, Contractor must have 
at all times at the Site, at least 1 Dust Control Coordinator trained in accordance 
with the requirements of A.R.S. §49-474.05 during primary dust generating 
operations that is related to the purposes for which the Dust Control Permit was
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Contract No. 2025-007-COS
issued. The Dust Control Coordinator must have full authority to ensure that dust 
control measures are implemented at the Site, including authority to conduct 
inspections, deploy dust suppression resources, and modify or shutdown activities 
as needed to control dust. The Dust Control Coordinator must be responsible for 
managing dust prevention and dust control on the Site, including the use of leaf 
blowers and street sweeping equipment. The Dust Control Coordinator must have 
a valid Dust Training Certification Identification Card readily accessible on the Site 
while acting as the Dust Control Coordinator.
The requirements described in the above Article do not apply if all 3 of the following 
circumstances are present:
1. The area of disturbed surface area is less than 5 acres.
D.
E.
F.
2. The previously disturbed areas are stabilized in accordance with the 
requirements of any applicable County rules.
3. Contractor with the Dust Control Permit provides notice of the acreage 
stabilized to the County Control Officer.
On sites with greater than 1 acre of disturbed surface area. Contractor holding a 
Dust Control permit issued by a County Control Officer, who is required to obtain 
a single permit for multiple noncontiguous sites that is required to control PM-10 
emissions from dust generating operations must have at least 1 individual who is 
designated as a Dust Control Coordinator. The Dust Control Coordinator must 
have a valid Dust Training Certification Identification Card readily accessible on 
the Site while acting as the Dust Control Coordinator. The Dust Control 
Coordinator must be present on Site at all times during primary dust generating 
activities that are related to the purposes for which the permit was issued.
A Subcontractor who is engaged in dust generating operations at a Site that is 
subject to a Dust Control Permit issued by a County Control Officer and that 
requires the control of PM-10 emissions from dust generating operations must 
register with the County Control Officer. The Subcontractor must have its 
registration number readily accessible on the Site while conducting any dust 
generating operations.
Storage on Site. Only materials and equipment, which are to be used directly in 
the Work, will be brought to and stored on the Site by Contractor. When equipment 
is no longer required for the Work, it will be removed promptly from the Site. 
Protection of construction materials and equipment stored at the Site from weather, 
theft, damage and all other adversity is solely the responsibility of Contractor.
Waste Products. Contractor is responsible for the cost to dispose of all waste 
products including excess earth material which will not be incorporated into the 
Work under this Contract. The waste product referred to will become the property 
of Contractor. Contractor will provide for the legal disposal at an appropriate off­
site location for all waste products, debris, etc., and will make necessary 
arrangements for its disposal. Any disposal/dumping of waste products or unused 
materials will conform to applicable Federal, State and Local Regulations.
Contractor will supervise and direct the Work. He will be solely responsible for the
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means, methods, techniques, sequences and procedures of construction. 
Contractor will employ and maintain on the Job Site a qualified supervisor or 
superintendent who will have been designated in writing by Contractor as 
Contractor’s Representative. The Representative will have full authority to act on 
behalf of Contractor and all communications given to the Representative will be as 
binding as if given to Contractor. The Representative will be present on the Site 
at all times as required to perform adequate supervision and coordination of the 
Work. Where appropriate all Provisions of M.A.G., Section 105.5, will be 
applicable.
G. 
Abnormal Weather. In the event of abnormal weather conditions, such as 
windstorms, rainstorms, etc., Contractor will immediately inspect the Work Site and 
take all necessary actions to ensure public access and safety are maintained.
H. 
Damage to Property at the Site. Contractor will be responsible for any and all 
damage or loss to property at the Site, except to the extent caused by the acts or 
omissions of the City or its representatives, employees or agents and not covered 
by insurance. The costs and expenses incurred by Contractor under this Article 
will be paid as a Cost of the Work to the extent that these costs and expenses are 
in excess of or are not covered by required insurance, and to the extent of any 
deductibles, but they will not increase the Contract Price.
I. 
Damage to Property of Others. Contractor will avoid damage, as a result of 
Contractor’s operations, to existing sidewalks, curbs, streets, alleys, pavements, 
utilities, adjacent property, the work of Separate Contractors and the property of 
the City. Contractor will repair any damage caused by the operations of 
Contractor, and these costs will be paid as a Cost of the Work to the extent that 
the costs and expenses are in excess of or are not covered by required insurance, 
and to the extent of any deductible, but they will not increase the Contract Price.
J. 
Failure of Contractor to Repair Damage. After receiving and acknowledging 10 
days written notice, if Contractor fails to commence the repair of damage to 
property as provided in Articles 1.5(1) and 1.5(J), and diligently pursue the repair, 
then the City may elect to repair the damages with its own forces and to deduct 
from payments due or to become due to Contractor, amounts paid or incurred by 
the City in correcting the damage (provided Contractor has not commenced such 
repair during this 10 day period).
1.6. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
A. 
Shop Drawings, Product Data, Samples and similar submittals are not Contract 
Documents. The purpose of their submittal is to demonstrate for those portions of 
the Work for which submittals are required the way Contractor proposes to 
conform to the information given and the design concept expressed in the Contract 
Documents. Contractor will review, approve and verify that all submittals meet the 
intent of the Contract Documents.
B. 
Three (3) copies of each Shop Drawing, Product Data, Sample, and similar 
submittals required by the Contract Documents will be delivered to the City in 
compliance with the approved schedule so as to cause no delay in the Work or in 
the activities of the City or of separate contractors. Submittals made by Contractor,
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Contract No. 2025-007-COS
which are not required by the Contract Documents, may be returned without 
action.
C. 
Contractor will perform no portion of the Work requiring submittal and review of 
Shop Drawings, Product Data, Samples, or similar submittals until the respective 
submittal has been approved by the City. All Work will be in compliance with 
approved submittals. Contractor will not be relieved of responsibility for any errors 
or omissions in Shop Drawings, Product Data, Samples, or similar submittals by 
the City's approval. Deviation from the original specifications will be specifically 
noted on the submittal to the City and the City will be allowed 7 days to approve 
or reject any deviations.
D. 
By approving, verifying and submitting Shop Drawings, Product Data, Samples 
and similar submittals. Contractor represents that Contractor has determined and 
verified materials, field measurements and field construction criteria, or will do so, 
and has checked and coordinated the information contained within the submittals 
with the requirements of the Work and of the Job Order.
E. 
Contractor will not be relieved of responsibility for deviations from requirements of 
the Job Order by the City's approval of Shop Drawings, Product Data, Samples or 
similar submittals unless Contractor has specifically informed the City in writing of 
the deviation at the time of submittal and the City has given written approval to the 
specific deviation. Contractor will not be relieved of responsibility for errors or 
omissions in Shop Drawings, Product Data, Samples, or similar submittals by the 
City's approval.
F. 
Contractor will direct specific attention, in writing or on resubmitted Shop Drawings, 
Product Data, Samples, or similar submittals, to revisions other than those 
requested by the City on previous submittals.
G. 
Informational submittals upon which the City is not expected to take responsive 
action may be so identified in the Contract Documents.
H. 
When professional certification of performance criteria of materials, systems or 
equipment is required by the Job Order, the City will be entitled to rely upon the 
accuracy and completeness of the calculations and certifications.
1.7. QUALITY CONTROL, TESTING AND INSPECTION
A. Inspection. The City’s Inspectors may be stationed on the Work site to report to 
the City’s Representative or his Designee as to the progress of the Work. The 
City’s Representative or his Designee may also report as to the manner in which 
the Work is being performed and report whenever it appears that material 
furnished or Work performed by Contractor fails to fulfill the requirements of the 
specifications, this Contract or the Job Order. The Inspector may direct the 
attention of Contractor to any failure or infringement but this inspection will not 
relieve Contractor from any obligation to furnish acceptable materials or to provide 
completed construction that complies with the Contract or the Job Order in every 
way. The Inspector is for the purpose of assisting the City’s Representative and 
should not be confused with an Inspector with a City regulatory agency or with an 
inspector from a laboratory under Article 1.8.
/
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B. 
In case of any dispute arising between the Inspector and Contractor as to material 
furnished or the manner of performing the Work, the Inspector will have the 
authority to reject materials or suspend the Work until the question and issue can 
be referred to and decided by the City. Inspectors are not authorized to revoke, 
alter, enlarge, relax, or release any requirements of the specifications. Inspectors 
will in no case act as foremen or perform other duties for Contractor or interfere 
with the management of the Work by Contractor.
C. 
Inspection or supervision by the City’s Representative or Designee will not be 
considered as direct control of the individual workman and his work. The direct 
control will be solely the responsibility of Contractor.
D. 
The furnishing of these services for the City will not make the City responsible for 
or give the City control over construction means, methods, techniques, sequenced 
procedures or for safety precautions or programs or responsibility for Contractor’s 
failure to perform the Work in compliance with the Contract Documents.
1.8. MATERIALS TESTING
All materials used in the Work will be new and unused, unless otherwise noted, and will
meet all quality requirements of the Job Order.
A. 
All construction materials to be used on the Work or incorporated into the Work, 
equipment, plant, tools, appliances or methods to be used in the Work may be 
subject to the inspection and approval or rejection of the City. Any materials 
rejected by the City will be removed immediately and replaced in a manner 
acceptable to the City at no further cost to the City.
B. 
The procedures and methods used to sample and test material will be determined 
by the City. Unless othenwise specified, samples and test will be made in 
compliance with the following; The City of Scottsdale Minimum Sampling 
Frequency Guide, the City of Scottsdale Material Testing Manual and the standard 
methods of AASHTO or ASTM, DSPM and MAG supplements.
C. 
The City will select a pre-qualified City or Independent Testing Laboratory and will 
pay for initial City Acceptance Testing.
1. When the first and subsequent tests indicate noncompliance with the Job 
Order, the cost associated with that noncompliance will be paid for by 
Contractor.
2. When the first and subsequent tests indicate noncompliance with the Job 
Order, all retesting will be performed by the same testing agency. The cost 
associated with the noncompliance will be paid by Contractor.
3. Contractor will cooperate with the selected testing laboratory and all others 
responsible forthe testing and inspecting of the Work and will provide them 
access to the Work at all times.
D. 
At the option of the City, materials may be approved at the source of supply before
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delivery is started.
E. 
Code compliance testing and inspections required by codes or ordinances, or by 
a plan approval authority, and which are made by a legally constituted authority, 
will be the responsibility of and will be paid by Contractor, unless otherwise 
provided in the Job Order.
F. 
Contractor’s convenience and quality control testing and inspections will be the 
sole responsibility of Contractor and paid by Contractor.
G. 
All soils and materials testing will be performed and paid for by the City. The City 
will order tests and distribute test results for all construction areas. The City will 
be responsible for ordering testing and will distribute test results within 24 hours of 
receipt.
1.9. PROJECT RECORD DOCUMENT/AS BUILTS
A. During the construction period. Contractor will maintain at the jobsite a set of 
blueline or blackline prints of the Construction Document drawings and Shop 
Drawings for Project Record Document purposes.
1. Contractor will mark these drawings to indicate the actual installation where 
the installation varies appreciably from the original Construction 
Documents. Contractor will give particular attention to information on 
concealed elements, which would be difficult to identify or measure and 
record later. Items required to be marked include but are not limited to:
Dimensional changes to the drawings. 
Revisions to details shown on drawings. 
Depths of foundations below first floor. 
Locations and depths of underground utilities. 
Revisions to routing of piping and conduits. 
Revisions to electrical circuitry.
Actual equipment locations.
Duct size and routing.
Locations of concealed internal utilities. 
Changes made by Change Order.
Details not on original Contract Drawings.
2. Contractor will mark completely and accurately Record Documents, prints 
of Construction Documents or Shop Drawings; whichever is the most 
capable of indicating the actual physical condition. Where Shop Drawings 
are marked, show cross-reference on the Construction Documents 
location.
3. Contractor will mark Project Record Drawings sets with red erasable 
colored pencil.
4. Contractor will note Request for Information (RFI) Numbers, American 
Standards Institute (ASI) Numbers and Adjustment Numbers, etc., as 
required to identify the source of the change to the Construction
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Documents.
5. Contractorwill at the time of Substantial Completion, submit Project Record 
Drawing prints and Shop Drawings to the City or its representative for 
review and comment.
B. Immediately upon receipt of the reviewed Project Record Drawings from the City, 
Contractor will correct any deficiencies or omissions to the drawings and prepare 
the following for submission to the City:
1. A complete set of PDF electronic files of all Project Record Drawings 
prepared in Microstation format compatible with City of Scottsdale CADD 
requirements. If a Design Professional is contracted with, the Design 
Professional will provide files of the original Construction Documents to 
Contractor for use in preparing these final Record Documents, or 
Contractor may contract with the Design Professional to revise and update 
the electronic drawing files. Each drawing will be clearly marked with “As- 
Built Document” and shall be certified by an Arizona Registered Land 
Surveyor.
2. A complete set of As-Built reproducible mylars from the final Microstation 
drawings and an electronic pdf file on CD are required.
3. The original copy of the Project Record Drawings (redline mark-ups).
1.10. PROJECT SAFETY
A. 
The Occupational Safety and Health Act (OSHA) and the City of Scottsdale loss 
control procedures are the minimum standard for safety and environmental 
protection and must be fully complied with at all times. All Work will be performed 
in compliance with all applicable federal, state and local laws, ordinances, statutes, 
rules and regulations including ADOSH policies and procedures. Contractor may 
be required to attend a City safety briefing session at the pre-construction meeting. 
The session will be attended by the Contract Administrator, the designated Risk 
Management staff, and a Contractor’s Representative.
Contractors that violate the aforementioned rules and regulations may be subject 
to job shutdown and or removal from City facilities.
B. 
The Risk Management Division makes available a packet which contains the City’s 
OSHA compliance guidelines, emergency evacuation, the City’s safety and health 
plan, and other safety information.
C. 
Contractor will conduct tailgate safety meetings regularly to ensure that safety on 
the job is given priority.
D. 
Contractor will contact the City’s Representative and the Risk Management 
Division within 24 hours of the occurrence of an accident or injury arising out of 
Contractor’s Work under this Contract.
E. 
Contractor employees are encouraged to abate or remedy any unsafe act or
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condition, which may arise in the course of Contractor’s Work under this Contract.
F. 
The City reserves the right to conduct safety audits at the Job Site and stop unsafe 
acts at any time. In addition, the City will be notified within 4 hours should any 
OSHA inspection occur at a City Job Site.
G. 
Contractor recognizes the importance of performing the Work in a safe manner so 
as to prevent damage, injury or loss to:
1. All individuals at the Site, whether working or visiting;
2. The Work, including materials and equipment incorporated into the Work 
or stored on-Site or off-Site; and
3. All other property at the Site or adjacent to the Site.
H. 
Contractor assumes responsibility for implementing and monitoring all safety 
precautions and programs related to the performance of the Work.
I. 
Contractor will, before commencing construction, designate a Safety 
Representative with the necessary qualifications and experience to supervise the 
implementation and monitoring of all safety precautions and programs related to 
the Work. Unless otherwise required by the Contract Documents, Contractor’s 
Safety Representative will be an individual stationed at the Site who may have 
responsibilities on the Project in addition to safety.
J. 
Contractor must provide OSHA 300A Summary log information including total 
recordable cases, total case rates, and lost workday incident rates for the past 2 
calendar years. The Safety Representative shall make routine daily inspections 
of the Site and shall hold weekly safety meetings with Contractor’s personnel. 
Subcontractors and others as applicable.
K. 
Contractor will immediately report in writing any safety-related injury, loss, damage 
or accident arising from the Work to City’s Representative and, to the extent 
mandated by Legal Requirements, to all government or quasi-governmental 
authorities having jurisdiction over safety-related matters involving the Project or 
the Work.
L. 
Contractor’s responsibility for safety under this Article 1.10 is not intended in any 
way to relieve Subcontractors and Sub-Subcontractors of their own contractual 
and legal obligations and responsibility for;
1. Complying with all Legal Requirements, including those related to health 
and safety matters; and
2. Taking all necessary measures to implement and monitor all safety 
precautions and programs to guard against injury, losses, damages or 
accidents resulting from their performance of the Work.
M. 
Contractor and Subcontractors must agree to provide Material Safety Data Sheets 
for all substances that are delivered to the City of Scottsdale, that come under the
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Occupational Safety and Health Administration Toxic and Hazardous Substances 
- Hazard Communication Standard, 29 CFR 1910.1200 Hazard Communication 
(reference Occupational Safety and Health Standards, Subpart Z Toxic and 
Hazardous Substances - Hazardous Communication Standard).
All Contractors and all Subcontractors using chemicals on City of Scottsdale 
property shall use only the safest chemicals, with the least harmful ingredients. 
These chemicals shall be approved for use by a City of Scottsdale representative 
before bringing them on the property.
Contractor and all Subcontractors shall make every attempt to apply approved 
chemicals with highly volatile organic compounds, outside of working hours. 
Adequate ventilation will be used at all times during the application of these 
approved chemicals.
In conjunction with the Occupational Safety and Health Standards, Subpart Z Toxic 
and Hazardous Substances - Hazard Communication Standard, 29 CFR 
1910.1200 Hazard Communication, Contractor and Subcontractors are informed 
of the presence of (or possible presence of) chemicals in the area where the Work 
requested will be performed. It is the responsibility of Contractor or all selected 
Subcontractors to contact the City of Scottsdale for specific information relative to 
the type of chemicals present and location of appropriate Material Safety Data 
Sheets.
Unless included in the Work, if Contractor encounters onsite material which he 
reasonably believes to contain asbestos, polychlorinated biphenyl (PCS), or other 
hazardous substances or materials regulated by Public Health Laws, it will 
immediately stop Work and report the condition to the City.
If the material is found to contain asbestos, PCB or other hazardous substances 
or materials regulated by Public Health Laws, Contractor will not resume Work in 
the affected area until the material has been abated or rendered harmless. 
Contractor and the City may agree, in writing, to continue Work in non-affected 
areas onsite. An extension of the Contract Time may be granted as provided in 
Article 5.
1.11. WARRANTY
The provisions of M.A.G., Section 108.8 will apply with the following additional 
requirements:
Should Contractor fail to begin repairs or corrective work within 14 calendar days 
after receipt of written notice from the City, the City may perform the necessary 
work and Contractor agrees to reimburse the City for the actual cost.
The warranty period on any part of the Work repaired or replaced will be extended 
for a period of 1 year from the date of the repair or replacement.
This warranty will not apply to damage caused by normal wear and tear or by acts 
beyond Contractor’s control.
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A. 
Contractor’s warranty obligation excludes defects caused by abuse, alterations, or 
failure to maintain the Work by persons other than Contractor or anyone for whose 
acts Contractor may be liable.
B. 
Contractor's warranty obligation will be for 1 year.
C. 
Nothing in this warranty is intended to limit any manufacturer’s warranty which 
provides the City with greater warranty rights than those found in this Article 1.11 
or the Contract Documents. Contractor will provide the City with all manufacturers’ 
warranties upon Substantial Completion of each Job Order.
1.12. CORRECTION OF DEFECTIVE WORK
A. 
Contractor agrees to correct any Work that is found to not be in conformance with 
the Contract Documents, including that part of the Work subject to Article 1.11 
above, within a period of 1 year from the date of Substantial Completion of the 
Work or any portion of the Work, or within any longer period to the extent required 
by the Contract Documents. All removal/replacement work, as directed by the City 
to Contractor, in compliance with this Contract, MAG standards and City codes will 
have cost determinations by the City and be issued as a deduct or change order 
to the Project. A Progress Payment, or partial or entire use or occupancy of the 
Project by the City will not constitute acceptance of Work not in accordance with 
the Contract Documents.
During the Work, Contractor shall take meaningful steps to begin correction of any 
nonconforming Work as notified by the City. This includes the correction, removal 
or replacement of the nonconforming Work and any damage caused to other parts 
of the Work affected by the nonconforming Work. If Contractor fails to begin the 
necessary steps during the Work, the City, in addition to any other remedies 
provided under the Contract Documents, may provide Contractor with written 
notice that the City will commence correction of any nonconforming Work with its 
own forces.
Contractor shall take meaningful steps to begin correction of nonconforming Work 
subject to Article 1.11 above. These measures include but are not limited to timely 
correction of the Work. If Contractor fails to initiate necessary measures for this 
Work within 7 days of receipt of written notice from the City, the City, in addition to 
any other remedies provided under the Contract Documents, may provide 
Contractor with written notice that the City will begin correction of the 
nonconforming Work with its own forces.
B. 
If the City does perform this corrective Work, Contractor will be responsible for all 
reasonable costs incurred by the City in performing the correction.
C. 
Contractor shall immediately respond to any nonconforming Work that creates an 
emergency.
D. 
The 1 year period referenced in Article 1.11 above applies only to Contractor’s 
obligation to correct nonconforming Work and is not intended to constitute a period 
of limitations for any other rights or remedies the City may have regarding 
Contractor’s other obligations under the Contract Documents.
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1.13. SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
A. 
Contractor shall select major Subcontractors and major Suppliers, subject to first 
obtaining the City’s approval. Major Subcontractors may be selected based on 
qualifications or a combination of qualifications and price. Subcontractors must 
not be selected based on price alone. Except as noted below, the selection of 
major Subcontractors/Suppliers is the responsibility of Contractor, but the City 
must approve in writing the selection of all Subcontractors. In any case. Contractor 
is solely responsible for the performance of the selected Subcontractors/Suppliers.
1. Contractor shall prepare a Subcontractor/Supplier selection plan and 
submit the plan to the City for approval or Contractor may use the City’s 
plan as described in Article 1.13(B). This Subcontractor selection plan will 
identify those Subcontractor trades anticipated to be selected by 
qualifications only as provided in Article 1.13(B) and those Subcontractor 
trades anticipated to be selected by qualifications and competitive bid as 
provided in Article 1.13(C). This plan will also identify those Subcontractors 
that will not be selected through a formalized qualifications-based selection 
process. The Subcontractor selection plan must be consistent with the 
selection requirements included in this Contract.
B. 
Selection by qualifications only - The City may approve the selection of a 
Subcontractor(s) or Supplier(s) based only on their qualifications when Contractor 
can demonstrate it is in the best interest of the Project.
1. Contractor will apply the Subcontractor selection plan approved by the City 
in the evaluation of the qualifications of a Subcontractor(s) or Supplier(s) 
and provide the City with its review and recommendation. The selection 
plan will be Contractor’s own selection plan approved by the City or the 
City’s selection plan as provided in this Article 1.13(B).
2. Contractor will negotiate costs for services/supplies from the 
Subcontractor(s)/Supplier(s) under the approved qualifications only 
method.
City Selection Plan:
3. Contractor may elect to comply with the following City procedures in its 
selection of Subcontractor(s) or Suppliers(s) based on qualifications only:
a. The Request for Qualifications (RFQ) will contain the best 
description of the services or material desired; and
b. A statement that only unpriced statements of qualifications will be 
considered: and
c. State the requirements for the project, such as drawings and 
descriptive literature; and
d. State the criteria for evaluating the qualifications; and
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Contract No. 2025-007-COS
e. A closing date and time for receipt of a statement of qualifications 
and the location where the statements should be delivered or 
mailed; and
f. 
A statement that discussions may be held; and
g. A statement that only statements of qualifications determined to be 
acceptable will be considered for award.
4. The RFQ may be amended after the submission of the statements of 
qualifications. Any amendment will be distributed only to bidders who 
submitted statements of qualifications. Those bidders will be permitted to 
submit new unpriced statements of qualifications or to amend statements 
already submitted.
5. Statements of Qualifications will not be opened publicly but will be opened 
in the presence of Contractor. The contents of unpriced statements of 
qualifications will not be disclosed to unauthorized persons.
6. Statements of Qualifications will be evaluated solely in accordance with the 
criteria stated in the RFQ and will be determined to be either acceptable 
for further consideration or unacceptable. A determination that the 
statement is unacceptable shall be in writing, state the basis of the 
determination and be retained by Contractor. Contractor will notify the 
bidder of the determination and the bidder will not be given an opportunity 
to amend its statement of qualifications further.
7. Contractor may conduct discussions with any bidder who submits an 
acceptable or potentially acceptable statement of qualifications. During 
discussions, Contractor will not disclose any information derived from any 
other bidder’s statement of qualifications.
8. Contractor will negotiate costs for services/supplies from the 
Subcontractor(s)/Supplier(s) selected under this method.
C. Selection by qualifications and competitive bid - Contractor will apply the 
City’s Subcontractor selection plan stated above or Contractor’s selection plan, if 
previously approved by the City, in Contractor’s evaluation of the qualifications of 
Subcontractor(s)/Supplier(s) and will provide the City with the selected process to 
prequalify prospective Subcontractors/Suppliers. Selection may not be based on 
price alone. All Work by major Subcontractors and major Suppliers will then be 
competitively bid to the prequalified Subcontractors unless a Subcontractor or 
Supplier was selected in accordance with Article 1.13(B) above. Contractor may 
elect to comply with the following procedures in step 2 of its competitive bid 
process.
1. Contractor will develop Subcontractor and Supplier interest, submit the 
names of a minimum of 3 qualified Subcontractors or Suppliers for each 
trade in the Project and solicit bids for the various Work categories. If there 
are not 3 qualified Subcontractors/Suppliers available for a specific trade
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or there are extenuating circumstances, Contractor may request approval 
by the City to submit less than 3 names. Without first giving written notice 
to the City, no change in the recommended Subcontractors/Suppliers will 
be allowed.
2. If the City objects to any nominated Subcontractor/Supplier or to any self- 
performed Work for good reason, Contractor will nominate a substitute 
Subcontractor/Supplier that is acceptable to the City.
3. Contractor will distribute Drawings and Specifications, and when 
appropriate, conduct a prebid conference with prospective Subcontractors 
and Suppliers. Contractor will then review the price bids submitted by 
Subcontractors and Suppliers and make its selection based on the 
responsive and responsible bidder with the lowest price.
4. If Contractor desires to self-perform certain portions of the Work, it must 
request to be one of the approved Subcontractor bidders for those specific 
bid packages. Contractor’s bid will be evaluated in accordance with the 
process identified in the Invitation for Bids. If events warrant and the City 
concurs that in order to ensure compliance with the Project Schedule or 
cost. Contractor may self-perform Work without bidding or re-bidding the 
Work. (For horizontal construction, as defined in A.R.S. § 34-101(15), 
Contractor must self-perform not less than 45% of the Work as required by 
A.R.S. § 34-603(1) (3).)
D. If after receipt of sub-bids or after award of Subcontractors and Suppliers, the City 
objects to any nominated Subcontractor/Supplier or to any self^performed Work 
for good reason. Contractor will nominate a substitute Subcontractor or Supplier, 
preferably if this option is still available, from those who submitted Subcontractor 
bids for the Work affected. Once the substitute Subcontractors and Suppliers are 
consented to by the City, Contractor’s proposed price for the Work or portion of the 
Work will be correspondingly adjusted to reflect any higher or lower costs from any 
substitution. Under no circumstances will the City’s objection or comment on any 
Subcontractor or Supplier relieve Contractor of its sole responsibility for control 
over the methods, means and processes by which the Work is accomplished. The 
City must approve in writing the selected Subcontractor Selection Plan before work 
commences on any Job Order.
ARTICLE 2 - CITY’S SERVICES AND RESPONSIBILITIES 
2.1 INFORMATION AND SERVICES
A. The City will furnish Contractor, at no cost to Contractor, the following information 
or services for this Project:
1. One copy of data pertinent to the Work. However, Contractor will be 
responsible for searching the records and requesting information required 
for the Project.
2. All available data and information relative to policies, standards, criteria, 
studies, etc.
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Contract No. 2025-007-COS
3. Project funding and budget allocations and any changes affecting the 
funding or budget allocations.
4. For purpose of determining the Job Order Price, any Plans and 
Specifications.
5. For purpose of Project Record Drawings, a CADD file of the Construction 
Documents in Microstation format compatible with City of Scottsdale CADD 
requirements.
2.2 
CITY’S REPRESENTATIVE
A. The City’s Representative will be responsible for providing City-supplied 
information and approvals in a timely manner to permit Contractor to fulfill its 
obligations under the Contract Documents.
2.3 
DESIGN PROFESSIONAL SERVICES
A. 
The City may contract separately with one or more Design Professionals to provide 
architectural or engineering design of the Project in accordance with the provisions 
of A.R.S. §34-603.
B. 
The City may contract with the Design Professional to provide some or all of the 
following services during the performance of the Work:
1. The Design Professional may provide administration of the Work. The City 
and Contractor will endeavor to communicate through the Design 
Professional. Communications by and with the Design Professional's 
consultants will be through the Design Professional.
2. The Design Professional may visit the Site at intervals appropriate to the 
stage of construction to become generally familiar with the progress and 
quality of the completed Work and to determine in general if the Work is 
being performed in accordance with the Contract Documents. The Design 
Professional will keep the City informed of progress of the Work and will 
endeavor to guard the City against defects and deficiencies in the Work.
3. Upon Contractor’s submittals, the Design Professional may review and 
approve or take other appropriate action on submittals as Shop Drawings, 
Product Data and Samples in accordance with Article 1.6.
4. All drawings produced for projects considered to be performed under 
Contractor are the property of the City and are owned in whole by the City 
for any and all future use and considerations.
2.4 
CITY’S SEPARATE CONTRACTORS
The City is responsible for all Work performed on the Project or at the Site by separate 
contractors under the City’s control. The City will contractually require its separate 
contractors to cooperate with, and coordinate their activities so as not to interfere with
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Contract No. 2025-007-COS
Contractor in order to enable Contractor to timely complete the Work consistent with the 
Contract Documents. Contractor agrees to reasonably cooperate and coordinate its 
activities with those of the separate contractors so that the Project can be completed in 
an orderly and coordinated manner without unreasonable disruption.
2.5 FURNISHING OF SERVICES AND INFORMATION
A. 
The City will be responsible for the payment or waiver of the following:
1. City review and permit(s) fees for building, encroachment, and demolition 
permits including City, State and County.
2. City review fees for grading and drainage, water, sewer and landscaping.
3. Utility design fees or permanent services fees are paid by the City, but all 
submittals are the responsibility of Contractor.
4. Obtaining Nationwide 404 Permits.
5. City Development Fees.
B. 
Unless expressly stated to the contrary in the Contract Documents, the City will 
provide, at its own cost and expense, for Contractor’s information the following;
1. To the extent available, surveys describing the property, boundaries, 
topography and reference points for use during construction, including 
existing service and utility lines;
2. Temporary and permanent easements, zoning and other requirements and 
encumbrances affecting land use, necessary to permit the proper design 
and construction of the Project and enable Contractor to perform the Work;
3. A legal description and Street or Physical address of the Site;
4. To the extent available, as-built record or historical drawings of any existing 
structures at the Site;
5. To the extent available, environmental studies, reports and impact 
statements describing the environmental conditions, including hazardous 
materials, in existence at the Site; and
6. To the extent available. Geotechnical studies describing subsurface 
conditions and other surveys describing other latent or concealed physical 
conditions at the Site.
The City will provide all City standards and guidelines, supplementary 
conditions and special provisions that will be included in the plans and 
specifications for the Project. These may include but are not limited to: 
disposal of surplus material, special security provisions, investigation of 
underground facilities, traffic controls and regulations, special quality control 
testing and termite treatment requirements.
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2.6 
PROJECT MANAGEMENT SERVICES
A. 
The City may contract separately with one or more Technical Consultants to 
provide project management assistance for the Project. The Technical 
Consultant’s contract as well as contracts with other firms hired by the City will be 
furnished to Contractor. Contractor will not have any right, however, to limit or 
restrict any Contract Modifications that are mutually acceptable to the City and 
Technical Consultant.
B. 
The Technical Consultant services will augment the City staffing resources to 
effectively manage the objectives of the City and this Project with the goal of 
managing the key Project communication, cost and time parameters.
C. 
The Technical Consultant may provide preprogramming and design standards.
D. 
The City may contract with the Technical Consultant to provide any or all of the 
services or functions of the City’s project manager during the performance of the 
construction:
2.7 
PERMIT REVIEW AND INSPECTIONS
For clarification, permitting activities are handled by the City of Scottsdale 
Developmental Services, Fire and Planning Departments. Obtaining any permits and 
submittals are the responsibility of the City.
2.8 
UTILITY COMPANY COORDINATION
Contractor will be responsible for coordinating utility design work for permanent service 
to the Project and will ensure that the work takes place in a timely manner and does not 
impact the Project Schedule. Any utility design fees for permanent services to a Job 
Order will be paid by the City in accordance with Article 2.6.
ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME
3.1 CONTRACT TIME
A. Contract Time for this Job Order Contract will commence on the Effective Date and 
will be for two years, with the option to extend for three additional years in one- 
year increments.
1. The option to extend may be exercised based on Contractor’s successful 
performance and the needs of the City.
2. A Contract Modification will be processed for each extension and will 
commence on or about the anniversary date of the Contract. Each 
extension must be authorized by the Contract Administrator and 
Purchasing Director. If the City Council has approved this Contract, a 
subsequent Contract Modification that is limited to extending the Contract 
Time pursuant this Article 3.1 does not require additional approval from the 
City Council.
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Contract No. 2025-007-COS
B. The Contract will remain in full force and effect during the performance of any Job 
Order.
3.2 
JOB ORDER TIME
A. 
Job Orders may be issued at any time during the term of this Contract.
B. 
Each individual Job Order will include a Job Order Notice to Proceed date, 
Duration of the Work as determined in accordance with this Article 3.2 and a 
calculated Substantial Completion date.
C. 
Contractor agrees that it will commence performance of the Work and achieve 
each individual Job Order Time.
D. 
Each Job Order Time will be subject to adjustment in accordance with Article 5.
3.3 
SUBSTANTIAL COMPLETION
A. 
Substantial Completion of each Job Order is when all construction has been 
completed with the exception of final inspection punch list work. The purpose of 
granting or acknowledging substantial completion is to stop Job Order Time.
B. 
Before notifying the City in accordance to Article 3.3(C), Contractor will inspect the 
Work and prepare and submit to the City a comprehensive list of items to be 
completed or corrected. Contractor will proceed promptly to complete and correct 
items on the list. Failure to include an item on the list does not alter the 
responsibility of Contractor to complete all Work in accordance with the Contract 
Documents.
C. 
Contractor will notify the City when it believes a Job Order, or to the extent 
permitted in the Contract Documents, a portion of the Job Order, is substantially 
complete.
D. 
Within 5 days of the City’s receipt of Contractor’s notice, the City and Contractor 
will jointly inspect the Work to verify that it is substantially complete in accordance 
with the requirements of the Contract Documents.
E. 
If the Work is substantially complete, the City will prepare and issue a Certificate 
of Substantial Completion that will state:
1. The date of Substantial Completion of the Work or portion of the Work;
2. The remaining items of Work that have to be completed within 30 calendar 
days before Final Acceptance;
3. Provisions (to the extent not already provided in the Contract Documents) 
establishing the City’s and Contractor’s responsibility for the Project’s 
security, maintenance, utilities and insurance pending Final Acceptance.
F. 
The City, at its option, may use a portion of the Work which has been determined
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Contract No. 2025-007-COS
to be substantially complete provided, however, that;
1. Certificate of Substantial Completion has been issued for the portion of 
Work addressing the items in Article 3.3(E) (2);
2. Contractor and the City have obtained the consent of their sureties and 
insurers, and to the extent applicable, the appropriate government 
authorities having jurisdiction over the Project, and
3. The City and Contractor agree that the City’s use or occupancy will not 
interfere with Contractor’s completion of the remaining Work.
3.4 
PUNCH LIST PREPARATION
A minimum of 7 days before Substantial Completion Contractor, in conjunction with the 
City, will prepare a comprehensive list of Punch List items, which the City may edit and 
supplement. Contractor will proceed promptly to complete and correct the Punch List 
items. Failure to include an item on the Punch List does not alter the responsibility of 
Contractor to complete all Work in accordance with the Contract Documents. Warranties 
required by the Contract Documents will not commence until the date of Final 
Acceptance unless otherwise provided in the Contract Documents. Seven (7) days 
before the City issues its Final Acceptance Letter, Contractor will deliver to the City all 
Operation and Maintenance Manuals necessary for the City to assume responsibility for 
the operation and maintenance of that portion of the Work.
3.5 
FINAL ACCEPTANCE
Upon receipt of written notice that the Work or identified portions of the Work is ready for 
final inspection and acceptance the City and Contractor will jointly inspect to verify that 
the remaining items of Work have been completed as provided in Article 3.3(E). The 
City will issue a Final Acceptance Letter.
3.6 
LIQUIDATED DAMAGES
A. 
Contractor understands that if Substantial Completion is not attained within the Job 
Order Time of the Work as may be adjusted for each Job Order, the City will suffer 
damages, based on the anticipated loss caused by the breach and the difficulty in 
determining and accurately specifying the damages. Contractor agrees that if 
Substantial Completion is not attained within the Job Order Time as adjusted. 
Contractor will pay the City the amount prescribed in Article 3.6(B) below as 
liquidated damages for each Day that Substantial Completion extends beyond the 
date determined by the Job Order Time as adjusted.
B. 
The following will be the liquidated damages for each Job Order unless a specific 
amount has been determined for each individual Job Order.
L QUIDATED DAMAGES
Original Job Order Amount
Daily Charges
From more than
To and including Calendar Day or Fixed Date
$00
$25,000
$200
25,001
50,000
250
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Contract No. 2025-007-COS
50,001
100,000
280
100,001
500,000
430
500,001
750,000
500
750,001
1,000,000
570
1,000,001
1,250,000
610
1,250,001
1,500,000
650
ARTICLE 4- CONTRACT PRICE AND JOB ORDER PRICE 
4.1 CONTRACT PRICE
This Contract will have a maximum contract amount of $6,000,000.00 for the initial two- 
year term and $3,000,000.00 for any one-year renewal term. The Contractor agrees at 
its own cost and expense, to do all the Work as specified in the Contract Documents 
and any Work contingent to the Contract and necessary for the construction of the 
improvements. The Contractor will completely construct the Work and install the 
materials, free and clear of all claims, liens, and charges of any kind, in the manner and 
under the conditions specified within the time or times stated in each Job Order.
A. 
In no event will any individual Job Order Price exceed $2,000,000.00. If the City 
opts to extend this Contract in accordance with Article 3.1(A), the Contract 
Modification may increase the maximum amount, if necessary, at that time.
B. 
The Job Order Price is subject to adjustments made in accordance with Article 5.
C. 
Unless otherwise provided in the Contract Documents, the Job Order Price is 
considered to include all sales, use, consumer and other taxes throughout the term 
of this Contract, whether or not yet effective or merely scheduled to go into effect.
D. 
Contractor must secure and maintain, during the life of the Contract, State of 
Arizona and City of Scottsdale Transaction Privilege (sales) Tax Licenses.
To obtain a State of Arizona Privilege (Sales) Tax License Application, please go 
to the following website:
https://azdor.qov/transaction-privilege-tax/tpt-license/applvinq-tpt-license
To obtain a City of Scottsdale Transaction (Sales) Tax License Application, please 
go to the following website:
http://www.scottsdaleaz.qov/taxes/
Contractor must demonstrate compliance with the E-Verify Program as provided 
in Article 11.34 and as required by A.R.S. §41-1080 before issuance of any 
License by the City.
4.2 RESPONSIBILITY FOR PRIVILEGE (SALES) TAXES
A. Contractor is responsible for payment of all applicable State of Arizona and City of 
Scottsdale transaction privilege (sales) taxes due on construction income whether
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Contract No. 2025-007-COS
or not these taxes are specifically separated in the bid amount. The taxes are to 
be reported on either a progressive billing (accrual) basis or cash receipts basis, 
depending on the method chosen at the time application was made for the 
Privilege (sales) Tax License.
City Privilege (sales) tax exemptions/deductions may be applicable to certain 
projects. Contractor is advised to consider this as it prepares its bid. Please 
review, in detail. Sections 415, 465, and 110 of the Scottsdale Revised City Code, 
Appendix C to determine if exemptions/ deductions are applicable. For tax 
guidance, please reference the City Code and other tax resources at the following 
website:
http://www.scottsdaleaz.qov/taxes/
The State of Arizona has similar exemptions; please reference A.R.S. Title 42 at 
the following website:
http://www.azleq.state.az.us/ArizonaRevisedStatutes.asp?Title=42
For further questions regarding tax treatment, please contact the Arizona 
Department of Revenue at 602-255-2060 and the City of Scottsdale Tax & Audit 
Section at 480-312-2768.
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME 
5.1 DELAYS TO THE WORK
A. 
Delays may be compensable, concurrent, excusable or non-excusable as defined 
in Article 12.
B. 
If Contractor is delayed in the performance of the Work due to acts, omissions, 
conditions, events, or circumstances beyond its control and due to no fault of its 
own or those for whom Contractor is responsible, the Contract Times for 
performance may be reasonably extended by Job Order Adjustment.
C. 
Contractor must request an increase in the Job Order Time by written notice 
including an estimate of the probable effect of delay on progress of the Work. In 
the case of a continuing delay only one request is necessary.
D. 
Written notice will be received within 5 days of the commencement of the cause of 
the delay.
1. If written notice is received more than 5 days after commencement of the 
cause of the delay, the period of delay will be considered to commence 14 
days before the giving of any notice.
E. 
If adverse weather conditions are the basis for a request for additional Job Order 
Time, the requests shall be documented by data substantiating that weather 
conditions were abnormal for the period of time and could not have been 
reasonably anticipated, and that weather conditions had an adverse effect on the 
scheduled construction.
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F. 
Permitting Contractor to proceed to complete any Work, or any part of the Work, 
after the date to which the time of completion may have been extended, will in no 
way act as a waiver on the part of the City of any of its legal rights.
G. 
In the event that Contractor sustains damages as a result of expenses incurred by 
a delay for which the City is responsible. Contractor and the City will negotiate to 
determine the amount of any damages. This provision is made in accordance with 
Arizona Revised Statutes Section 34-607 (E) and is effective only if the delay 
caused by the City is unreasonable under the circumstances and was not within 
the contemplation of the parties. This provision will not be construed to void any 
provision of this Contract pertaining to notice of delays, arbitration or other 
settlement provisions applicable to disputes, or provisions relating to liquidated 
damages.
H. 
In addition to Contractor’s right to a time extension for those events stated in this 
Article 5.1, Contractor may also be entitled to an appropriate adjustment of the 
Contract Price provided, however, that the Contract Price will not be adjusted for 
those events stated in this Article that are beyond the control of both Contractor 
and the City, including the events of war, acts of terrorism, floods, labor disputes 
(but not including Contractor’s own work force and those of its subcontractors), 
earthquakes, epidemics, excessive inclement weather conditions not reasonably 
anticipated.
5.2 DIFFERING SITE CONDITIONS
5.2.1. If Contractor encounters a Differing Site Condition(s), Contractor may be entitled 
to an adjustment in the Contract Price or Contract Time(s) to the extent 
Contractor’s cost or time of performance are the direct result of a Differing Site 
Condition(s).
5.2.2. Upon encountering a Differing Site Condition, Contractor shall provide prompt 
written notice to the City of the condition, which notice will not be later than 7 
days after the condition has been encountered. Final costs must be submitted 
within thirty (30) days after notice is received by the City, unless extended by 
written agreement of the parties. Contractor must give the City’s Contract 
Administrator written notice of and an opportunity to observe, such condition 
before disturbing or altering the Differing Site conditions. The failure of 
Contractor to give written notice and make the Claim as required by this Article 
and Article 7.1.5 shall constitute a waiver by Contractor of any rights arising out 
of or relating to such Differing Site Conditions. (Final costs must be submitted 
within thirty (30) days after notice is received by the City, unless extended by 
written agreement of the parties.)
5.2.3. In order for the JOC to obtain any additional compensation or time extensions 
for Differing Site Conditions, the JOC must demonstrate that it encountered a 
material difference at the Site, as defined in Article 13, that required it to expend 
additional cost or time. The JOC will also establish that it actually and reasonably 
relied upon the representations found in the Contract Documents concerning the 
Site conditions.
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5.3
APPLICATION FOR EXTENSION OF TIME
5.3.1 If performance by Contractor is delayed for a reason set forth in Article 5, 
Contractor may be allowed a reasonable extension of time in conformance with 
this Article. Before Contractor’s time extension request may be considered, 
Contractor shall notify the City of the condition which allegedly has caused or is 
causing the delay, and shall submit a written application to the City identifying:
1.
Liquidated damage assessment rate, as specified in the Contract;
2. 
Original Job Order Price;
3. 
The original Contract start date and completion date;
4. 
Any previous time extensions granted (number and duration); and
5. 
The extension of time requested.
5.3.2 In addition, the application for extension of time shall set forth in detail:
1. 
The nature of each alleged cause of delay in completing the Work;
2. 
The date upon which each such cause of delay began and ended and the 
number of dates attributable to each such cause;
3. 
A statement that Contractor waives all claims except for those delineated 
in the application, and the particulars of any claims which Contractor does 
not agree to waive. For time extensions for Substantial Completion and 
final completion payments, the application shall include a detailed 
statement of the dollar amounts of each claim item reserved; and
4. 
A statement indicating Contractor’s understanding that the time extension 
is granted only for purposes of permitting continuation of Contract 
performance and payment for Work performed and that the City retains its 
right to conduct an investigation and assess liquidated damages as 
appropriate in the future.
5.4 
ERRORS. DISCREPANCIES AND OMISSIONS. If Contractor observes errors,
discrepancies or omissions in the Contract Documents, it will promptly notify the City 
and request clarification. Contractor will provide a copy of this notice to the City’s 
Representative.
B. If Contractor proceeds with the Work affected by the errors, discrepancies or 
omissions, without receiving any clarifications, it does so at its own risk. Adjustments 
involving these circumstances made by Contractor before clarification by the Design 
Professional will be at Contractor’s risk.
5.5 
CITY REQUESTED CHANGE IN WORK
A. The City reserves the right to make, at any time during the progress of the Work, 
any alterations as may be found necessary or desirable.
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5.6
B. 
These alterations and changes will not invalidate this Contract nor release the 
surety and Contractor agrees to perform the Work as altered, the same as if it had 
been a part of the original Contract Documents. Contractor will notify the surety of 
the changes and will assure that the alternations and changes are adequately 
covered by the surety bond.
C. 
The City will request a proposal for a change in Work from Contractor, and an 
adjustment in the Contract Price or Contract Times will be made based on a mutual 
agreed upon cost and time.
LEGAL REQUIREMENTS
The Job Order Price or Job Order Times will be adjusted to compensate Contractor for 
the effects of any changes in the Legal Requirements enacted after the date of the 
Contract affecting the performance of the Work.
5.7 JOB ORDER ADJUSTMENTS
A. 
In accordance with Scottsdale Revised Code §2-200 and related Rules and 
Procedures, the City and Contractor will negotiate in good faith and as 
expeditiously as possible the appropriate Adjustments to the Contract. Upon 
reaching an agreement, the parties will prepare and execute an appropriate 
Adjustment reflecting the terms of their agreement. The change in Work may or 
may not include an Adjustment in the Job Order Price or Job Order Time.
B. 
All changes in Work.authorized by Job Order Adjustments will be performed under 
the conditions of the Contract Documents. The decision to make an Adjustment 
in the Contract rests solely with the City and any decision to make a Contract 
Adjustment must be promptly complied with by Contractor, subject to the 
provisions of Article 5.8.
C. 
The execution of a Job Order Adjustment by Contractor shall constitute conclusive 
evidence of Contractor’s agreement to the ordered changes in work, this Contract 
as thus amended, the Contract Price, and the time for performance by Contractor. 
Contractor, by executing the Job Order Adjustment, waives and forever releases 
any claim against the City for any additional time or compensation for matters 
relating to, arising out of, or resulting from the work included within or affected by 
the executed Job Order Adjustment of which Contractor knew or should have 
known.
5.8 UNILATERAL DETERMINATION OF CHANGE ORDER VALUE
If no mutual agreement occurs between the City and Contractor, the change in Contract 
Price, if any, shall be derived by determining the reasonable actual costs incurred or 
savings achieved, resulting from revisions to the Work. Such reasonable actual costs 
or savings shall include a component for direct job site overhead and profit but shall not 
include home-office overhead or other indirect costs and components. The calculation 
of actual costs shall conform to the markup schedule in Article 5.12 below. Any such 
costs or savings shall be documented in the format and with such content and detail as 
the City requires. Contractor shall promptly submit such documentation and other
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backup as the City may require in evaluating the actual costs incurred.
5.9 
ADDITIONAL CHANGE ORDER COST REQUIREMENTS
Contractor’s or Subcontractor’s submittals shall include the cost of materials, sales tax, 
and the cost of all transport. The cost of items listed shall be directly related to the Job 
Order Adjustment. Indirect costs not specifically related to the Job Order Adjustment 
shall not be considered. Contractor’s or Subcontractor’s Direct Labor Costs shall be 
limited to the hourly rate of directly involved workmen, employer contributions toward 
Contractor standard benefits, pensions, unemployment or social security (if any), and 
employer costs for paid sick and annual leave. Contractor’s or Subcontractor’s 
Overhead shall include license fees, bond premiums, supervision, wages of timekeepers 
and clerks, incidentals, home and field office expense, and vehicle expense directly 
related to the Project, and all other direct Project expenses not included in Contractor’s 
material, direct labor, and equipment costs.
5.9.1 
The allowance for overhead and profit shall be limited to the following schedule;
1. 
For Contractor, for any work performed by Contractor’s own forces, fifteen 
(15%) percent of the Subtotal of Costs to Contractor.
2. 
For Contractor, for any work performed by its Subcontractor, six (6%) 
percent of the amount due to the Subcontractor.
3. 
For each Subcontractor or Sub-subcontractor involved, for any work 
performed by their own forces, fifteen (15%) of their materials and direct 
labor costs.
4. 
For each Subcontractor, for work performed by its Sub-Subeontractor(s), 
six (6%) percent of the amount due to the Sub-subcontractor.
5.10 LIMITATION OF COMPENSABLE ITEMS
5.10.1 For Job Order Adjustment, the total cost or credit to the City shall be based on 
the following schedule:
1. Contractor’s Materials Costs.
2. Contractor’s Direct Labor Costs.
3. Contractor’s Equipment Costs (includes owned/rented equipment).
4. Applicable Subcontractor Costs.
5. Subtotal of Costs to Contractor.
6. Contractor’s Overhead and Profit.
7. Total Cost or Credit to the City.
5.11 FIELD ORDERS
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A. 
The City has authority to initiate Field Orders that do not materially and adversely 
affect the Work, including the design, quality, performance and workmanship 
required by the Contract Documents. Field Orders will be made by written order 
and will be binding on the City and Contractor. Contractor will carry out any written 
orders promptly.
B. 
Field Orders will not involve an Adjustment in the Job Order Price or Job Order 
Times unless or until it becomes a Contract Adjustment.
C. 
Contractor may make minor changes in the Work, provided, however that 
Contractor will promptly inform the City, in writing, of any changes and record the 
changes, if appropriate, on the Project Record Documents maintained by 
Contractor.
5.12 JOB ORDER PRICE ADJUSTMENTS
A. 
The increase or decrease in Job Order Price resulting from a change in the Work 
will be determined by one or more of the following methods:
1. Unit prices stated in the Contract or as subsequently agreed to between 
the parties;
2. A mutually agreed upon accepted, lump sum, properly itemized and 
supported by sufficient substantiating data to permit evaluation by the City; 
and
3. Costs, fees and any other markups.
B. 
If an increase or decrease cannot be agreed to as stated in Article 5.8(A) (1) 
through Article 5.8(A) (3) the cost of the change of the Work will be determined by 
the reasonable expense and savings in the performance of the Work resulting from 
the change, including a reasonable overhead and profit, as may be stated in the 
Contract. Contractor will maintain a documented, itemized accounting evidencing 
the expenses and savings associated with these changes.
C. 
If unit prices are stated in the Contract Documents or are later agreed to by the 
parties, but application of the unit prices will cause substantial inequity to the City 
or Contractor because of differences in the character or quantity of the unit items 
as originally contemplated, the unit prices will be equitably adjusted.
D. 
If the City and Contractor disagree upon whether Contractor is entitled to be paid 
for any services required by the City, the amount to be paid, other disagreements 
over the Scope of Work, proposed changes to the Work, the time required to 
complete the Work, the City and Contractor will resolve the disagreements in 
accordance with Article 7.
1. As part of the negotiation process. Contractor will furnish the City with a 
good faith estimate of the costs to perform the disputed services, or the 
additional time required in accordance with the City's interpretations.
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2. If the parties are unable to agree and the City expects Contractor to perform 
the services in accordance with the City's interpretations, Contractor will 
proceed to perform the disputed services, conditioned upon the City issuing 
a written order to Contractor:
(a) directing Contractor to proceed; and
(b) specifying the City's interpretation of the services that are to be 
performed.
E. Emergencies. In any emergency affecting the safety of persons or property. 
Contractor will act, at its discretion, to prevent threatened damage, injury or loss. 
Any change in the Job Order Price or Job Order Time(s) resulting from emergency 
work under this Article 5.8(F) will be determined as provided in this Article 5.
ARTICLE 6- PROCEDURE FOR PAYMENT
6.1 
JOB ORDER PAYMENT REQUEST
A. 
At the pre-construction conference prescribed in Article 1.3, Contractor will submit 
for the City's review and approval a Schedule of Values. The Schedule of Values 
will include values for all items comprising the Job Order Price and will serve as 
the basis for monthly progress payments made to Contractor throughout the Work.
B. 
At least 5 working days before the date established for a progress payment. 
Contractor will meet with the City’s Representative to review the progress of the 
Work, as it will be reflected on the Job Order Payment Request.
C. 
The Job Order Payment Request will constitute Contractor’s representation that 
the Work has been performed consistent with the Contract Documents, has 
progressed to the point indicated in the Job Order Payment Request, and that title 
to all Work will pass to City free and clear of all claims, liens, encumbrances, and 
security interests upon the incorporation of the Work into the Project.
6.2 
PARTIAL PAYMENTS
A. 
Partial payment will be made for Job Orders with Job Order Time greater than 30 
Days and may be made if the Job Order Time is less than 30 Days.
B. 
The Job Order Payment Request may request payment for equipment and 
materials not yet incorporated into the Project if construction progress is in 
reasonable conformance with the approved schedule.
C. 
For equipment and materials suitably stored at the Site, the equipment and 
materials will be protected by suitable insurance and the City will receive the 
equipment and materials free and clear of all liens and encumbrances.
1. For materials and equipment stored off the Site, the City must approve the 
storage. The material and equipment must be stored within Maricopa 
County and be accessible for the City’s inspection. Title to the materials 
and equipment will include applicable insurance, bonding, storage and
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Contract No. 2025-007-COS
transportation to the Site.
2. All bonds and insurance required for stored materials will be in the City’s 
name.
6.3 
PAYMENT OF JOB ORDER PRICE
A. 
Payments should be provided on the City format for a Pay Application which is 
based on the agreed upon “Schedule of Values.” The City will make payment in 
accordance with A.R.S. §34-607. Payment will be made no later than 14 days 
after the Job Order Payment Request is certified and approved, but in each case 
less the total of payments previously made.
B. 
The City will pay Contractor all amounts properly due. If the City determines that 
Contractor is not entitled to all or part of a Contractor Payment Request, it will notify 
Contractor in writing within 7 days after the date Contractor Payment Request is 
received by the City. The notice will indicate the specific amounts the City intends 
to withhold, the reasons and contractual basis for the withholding, and the specific 
measures Contractor must take to rectify the City’s concerns. Contractor and the 
City will attempt to resolve the City’s concerns. If the parties cannot resolve the 
concerns, Contractor may pursue its rights under the Contract Documents, 
including those under Article 7.
6.4 
RETENTION ON JOB ORDER PAYMENTS
In compliance with Arizona Revised Statutes §34-607, there is no retention for Job Order
Contracting construction services.
6.5 
FINAL PAYMENT
A. 
After receipt of a final Contractor Payment Request, the City will make final 
payment as required by this Article, provided that Contractor has completed all of 
the Work in conformance with the Contract Documents and a Final Acceptance 
Letter has been issued by the City.
B. 
At the time of submission of its final Contractor Payment Request, Contractor will 
provide the following information:
1. An affidavit that there are no claims, obligations or liens outstanding or 
unsatisfied for labor, services, material, equipment, taxes or other items 
performed, furnished or incurred for or in connection with the Work which 
will in any way affect the City’s interests; and
2. A general release executed by Contractor waiving, upon receipt of final 
payment by Contractor, all claims, except those claims previously made in 
writing to the City and remaining unsettled at the time of final payment.
6.6 
PAYMENTS TO SUBCONTRACTORS OR SUPPLIERS
A. Contractor will pay its Subcontractors or suppliers within 7 calendar days of receipt 
of each progress payment from the City. Contractor will pay for the amount of
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Work performed or materials supplied by each Subcontractor or supplier as 
accepted and approved by the City with each progress payment. No Contract 
between Contractor and its Subcontractors and suppliers may materially alter the 
rights of any Subcontractor or supplier to receive prompt payment as provided in 
this Contract.
B. 
If Contractor fails to make payments in accordance with these provisions, the City 
may take any one or more of the following actions and Contractor agrees that the 
City may take these actions:
1. To hold Contractor in default under this Contract;
2. Withhold future payments until proper payment has been made to 
Subcontractors or suppliers in accordance with these provisions;
3. Reject all future offers to perform work for the City from Contractor for a 
period not to exceed 1-year from the Substantial Completion date of this 
Project; or
4. Terminate this Contract.
C. 
Should the City fail or delay in exercising or enforcing any right, power, privilege, 
or remedy under this Section, the failure or delay will not be considered a waiver, 
release, or modification of the requirements of this Section or of any of the terms 
or provisions of this Contract.
D. 
Contractor will include these prompt payment provisions in every subcontract, 
including procurement of materials and leases of equipment for this Contract.
6.7 RECORD KEEPING AND FINANCE CONTROLS
A. 
Records of Contractor's direct personnel payroll, reimbursable expenses related 
to each Job Order and records of accounts between the City and Contractor will 
be kept on a generally recognized accounting basis and will be available for 3 
years after completion of the Project.
From the effective date of this Contract and until 3 years after the date of final 
payment by the City of Scottsdale to Contractor, the City, its authorized 
representative, or the appropriate federal or state agencies, reserve the right to 
audit Contractor’s records to verify the accuracy and appropriateness of all pricing 
data, including data used to negotiate Contract Documents and any change 
orders. The City of Scottsdale or its authorized representative will have access, 
during normal working hours, to all necessary Contractor and Subcontractor 
facilities, and will be provided adequate and appropriate workspace, in order to 
conduct audits in compliance with the provisions of this Article. The City of 
Scottsdale will give Contractor or Subcontractor reasonable advance notice of 
intended audits.
B. 
The City reserves the right to decrease Job Order Price or payments made on this 
Contract if, upon audit of Contractor’s records, the audit discloses Contractor has 
provided false, misleading, or inaccurate cost and pricing data.
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C. 
Contractor will include a similar provision in all of its Contracts with Subconsultants 
and Subcontractors providing services under the Contract Documents to ensure 
the City, its authorized representative, or the appropriate federal or state agency, 
has access to the Subconsultants’ and Subcontractors’ records to verify the 
accuracy of cost and pricing data.
D. 
The City reserves the right to decrease Job Order Price or payments made on this 
Contract if the above provision is not included in Subconsultants’ and 
Subcontractors’ contracts, and one or more Subconsultants or Subcontractors do 
not allow the City to audit their records to verify the accuracy and appropriateness 
of pricing data.
E. 
If an audit in accordance with this Article, discloses overcharges of any nature by 
Contractor to the City in excess of 1% of the total contract billings, the actual cost 
of the City’s audit will be reimbursed to the City by Contractor. Any adjustments 
or payments which must be made as a result of any audit or inspection of 
Contractor’s invoices or records will be made within a reasonable amount of time 
(not to exceed 90 days) from presentation of the City’s findings.
F. 
This audit provision includes the right to inspect personnel records as required by 
Section 11.34.
ARTICLE 7- CLAIMS AND DISPUTES 
7.1 REQUESTS FOR CONTRACT ADJUSTMENTS AND RELIEF
7.1.1 
If either Contractor or the City believes that it is entitled to relief against the other 
Contractor for any event arising out of or related to Contract Services, that party 
will provide written notice to the other party of the basis for its claim for relief. The 
claims shall set forth in detail all known facts and circumstances supporting the 
claim; final costs associated with any claim upon which notice has been given must 
be submitted in writing to the City within thirty (30) days after notice has been 
received.
7.1.2 
This notice will, if possible, be made before incurring any cost or expense and in 
accordance with any specific notice requirements contained in applicable sections 
of the Contract.
7.1.3 
In the absence of any specific notice requirement, written notice will be given within 
a reasonable time, not to exceed 10 days, after the occurrence giving rise to the 
claim for relief or after the claiming party reasonably should have recognized the 
event or condition giving rise to the request, whichever is later.
7.1.4 
This notice will include sufficient information to advise the other party of the 
circumstances giving rise to the claim for relief, the specific contractual adjustment 
or relief requested and the basis of the request. ANY NOTICE OF CLAIM NOT 
FILED WITH THE CITY WITHIN SUCH TIME AND IN COMPLIANCE WITH THE 
PRECEEDING PROVISIONS SHALL BE CONSIDERED TO HAVE BEEN 
WAIVED AND SHALL BE DISMISSED.
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7.1.5 
In the event Contractor seeks to make a claim for an increase in the Contract Price, 
as a condition precedent to any liability of the City therefore, unless emergency 
conditions exist, Contractor shall strictly comply with the requirements of this 
section and such claim shall be made by Contractor before proceeding to execute 
any work for which a claim is made. Failure to comply with this condition precedent 
shall constitute a waiver by Contractor of any claims for compensation.
7.1.6 
Contractor must continue its performance under this contract regardless of the 
existence of any claims by Contractor.
7.1.7 
In a claim by Contractor against the City for compensation in excess of the Contract 
sum, any liability of the City to Contractor shall be strictly limited and computed in 
accordance with the Contract documents and shall in no event include indirect 
costs (such as home office overheads or consequential damages of Contractor or 
any estimated costs or damages.
7.2 
DUTY TO CONTINUE PERFORMANCE
Unless provided to the contrary in the Contract Documents, Contractor will continue to 
perform the Work and the City will continue to satisfy its payment obligations to 
Contractor, until final resolution of any dispute or disagreement between Contractor and 
the City.
7.3 
REPRESENTATIVES OF THE PARTIES
A. 
City’s Representatives
1. The City designates the individual listed below as the City’s Senior 
Representative. This individual has the authority and responsibility for 
avoiding and resolving disputes under Article 7.2(C):
Alison Tymkiw 
City Engineer
One Civic Center - 2"'* Floor 
7447 East Indian School Road 
Scottsdale, AZ 85251 
(480) 312-2641
2. The City will designate an individual for each Job Order as the City’s 
Representative. This person will manage the Job Order.
B. 
Contractor’s Representatives
1. Contractor designates the individual listed below as Contractor’s Senior 
Representative. This individual has the authority and responsibility for 
avoiding and resolving disputes under Article 7.2(C);
Name: 
Todd Gladden
Address: 
4640 E. Cotton Gin Loop
Phoenix, AZ 85040 
Telephone No: 623-242-0246
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Contract No. 2025-007-COS
2. Contractor will designate an individual for each Job Order as Contractor’s 
Representative.
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION
8.1 
CITY’S RIGHT TO STOP JOB ORDER SERVICES
A. 
The City may, at its discretion and without cause, order Contractor in writing to 
stop and suspend any Job Order. Immediately after receiving this notice. 
Contractor will discontinue advancing the Job Order. The suspension will not 
exceed 180 consecutive days. If the City suspends the Job Order for 181 
consecutive Days or more, the suspension will be considered a termination for 
convenience.
B. 
Contractor may seek an adjustment of the Job Order Price or Job Order Time if its 
cost or time to perform the Contract Services has been adversely impacted by any 
suspension or stoppage of Work by the City.
8.2 
TERMINATION FOR CONVENIENCE
A. Upon receipt of written notice to Contractor, the City has the right to terminate this 
Contract or abandon any portion of any Job Order for which services have not 
been performed by Contractor.
1. Contractor will estimate the value of the Work it has completed and submit 
its appraisal to the City for evaluation. The City will have the right to inspect 
the Work to appraise the Work completed.
Contractor will receive compensation for services performed to the date of 
the termination . The fee will be an amount mutually agreed upon by 
Contractor and the City. If there is no mutual agreement, the final 
determination will be made in accordance with this Article.
2. The City will make the final payment within 60 days after Contractor has 
delivered the last of the partially completed items and the final fee has been 
agreed upon.
If the City terminates this Contract in compliance with this Article and 
proceeds to construct the Job Order through its employees, agents or third 
parties, the City’s rights to use the Work product will be as stated in Article 
8.3.
B. Upon termination of construction services during any Job Order, Contractor will 
proceed with the following obligations:
1. Stop Work as stated in the notice;
2. Place no further subcontracts or orders;
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Contract No. 2025-007-COS
C.
3. Terminate all subcontracts to the extent they relate to the Work terminated;
4. Assign to the City all right, title and interest of Contractor under the 
subcontracts terminated, in which case the City will have the right to settle or 
to pay any termination settlement proposal arising out of those terminations; 
and
5. Take any action that may be necessary for the protection and preservation 
of the property related to the Contract that is in the possession of Contractor 
and which the City has or may acquire an interest.
6. Comply with the requirements of Article 6.5(B)(1) and (2).
Contractor will submit complete termination inventory schedules no later than 60 
days from the date of the notice of termination.
D. The City will pay Contractor the following:
1. The direct value of its completed Work and materials supplied as of the date 
of termination;
2. The reasonable costs and expenses attributable to the termination;
3. Contractor will be entitled to profit and overhead on completed Work but will 
not be entitled to anticipated profit or anticipated overhead. If it appears 
Contractor would have sustained a loss on the entire Work had the Job 
Order been completed. Contractor will not be allowed profit and the City will 
reduce the settlement to reflect the indicated rate of loss;
4. Contractor will maintain all records and documents for 3 years after final 
settlement. These records will be maintained and subject to auditing as 
required in Article 6.7; and
5. Take any action that may be necessary for the protection and preservation 
of the property related to the Job Order or Orders that is in the possession 
of Contractor and in which the City has or may acquire an interest.
8.3 
CANCELLATION FOR CAUSE
A. The City may also cancel this Contract or any part of it with 7 days notice for cause 
in the event of any default by Contractor, or if Contractor fails to comply with any 
of the terms and conditions of this Contract. Unsatisfactory performance, despite 
a reasonable opportunity to cure as judged by the City’s Representative and failure 
to provide the City, upon request, with adequate assurances of future performance 
will all be causes allowing the City to cancel this Contract for cause. In the event 
of cancellation for cause, the City will not be liable to Contractor for any amount, 
and Contractor will be liable to the City for any and all damages sustained as a 
result of the default that caused the cancellation.
8.4 
CITY’S RIGHT TO PERFORM AND CANCEL FOR CAUSE
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Contract No. 2025-007-COS
A. 
If Contractor persistently fails to;
1. Provide a sufficient number of skilled workers;
2. Supply the materials required by the Contract or Job Order Documents;
3. Comply with applicable Legal Requirements;
4. Timely pay, without cause, Subconsultants or Subcontractors;
5. Prosecute the Contract Services with promptness and diligence to ensure 
that a Job Order is completed by the Job Order Time, as the times may be 
adjusted; or
6. Perform material obligations under the Contract Documents;
Then the City, in addition to any other rights and remedies provided in the Contract 
Documents or by law, will have the rights stated in Articles 8.2 and 8.3.
In the event the City cancels this Contract or any part of the services under any 
Job Order, the City will notify Contractor in writing, and immediately upon receiving 
this notice. Contractor will discontinue advancing the Work under this Contract or 
the Job Order and proceed to close all operations of any affected Job Order or this 
Contract.
B. 
If the City provides Contractor with a written order to provide adequate 
maintenance of traffic, adequate cleanup, adequate dust control or to correct 
deficiencies or damage resulting from abnormal weather conditions, and 
Contractor fails to comply in a time frame specified, the City may have the Work 
accomplished by other sources at Contractor’s expense.
C. 
Upon the occurrence of an event stated in Article 8.3(B), the City may provide 
written notice to Contractor that it intends to cancel the Contract unless the 
problem cited is cured, or commenced to be cured, within 7 days of Contractor’s 
receipt of notice.
1. If Contractor fails to cure, or reasonably commence to cure, the problem, 
then the City may give a second written notice to Contractor of its intent to 
cancel within an additional 7 day period.
2. If Contractor, within this second 7 day period, fails to cure, or reasonably 
commence to cure the problem, then the City may declare the Contract 
cancelled for default by providing written notice to Contractor of this 
declaration.
D. 
Upon declaring the Contract cancelled in accordance with Article 8.3(B), and for 
the purpose of completing the Work, the City may for all Job Orders enter upon the 
premises and take possession of all materials, equipment, scaffolds, tools, 
appliances and other items, which have been purchased or provided for the 
performance of the Work, all of which Contractor now transfers, assigns and sets 
over to the City for this purpose, and to employ any person or persons to complete
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the Work and provide all of the required labor, services, materials, equipment and 
other items.
E. 
If through any cause. Contractor fails to fulfill in a timely and proper manner its 
obligations under this Contract, or if Contractor violates any of the covenants. 
Contracts, or stipulations of this Contract, the City may withhold any payments to 
Contractor for the purpose of setoff until the exact amount of damages due the City 
from Contractor is determined by a court of competent jurisdiction.
F. 
In the event of a cancellation. Contractor will not be entitled to receive any further 
payments under the Contract Documents until the Work on all Job Orders is finally 
completed in accordance with the Contract Documents. At that time. Contractor 
will only be entitled to be paid for Work performed and accepted by the City before 
its default.
G. 
If the City’s cost and expense of completing the Work exceeds the unpaid balance 
of a Job Order Price, then Contractor will be obligated to pay the difference to the 
City. These costs and expense will include not only the cost of completing the 
Work, but also losses, damages, costs and expense, including attorneys’ fees and 
expenses, incurred by the City in connection with the reprocurement and defense 
of claims arising from Contractor’s default.
H. 
If the City cancels this Contract for cause and the cancellation is determined to 
have been without legal right, the cancellation for cause will be considered to have 
been a termination for convenience in accordance with the provisions of Article 
8.2.
ARTICLE 9 - INSURANCE AND BONDS 
9.1 INSURANCE REQUIREMENTS
A. 
At the same time as execution of this Contract, Contractor will furnish the City of 
Scottsdale a Certificate of Insurance on a standard insurance industry ACORD 
form. The ACORD form will be issued by an insurance company authorized to 
transact business in the State of Arizona.
B. 
Contractor, Subcontractors and Subconsultants must procure and maintain, until 
all of their obligations have been discharged, including any warranty periods under 
this Contract are satisfied, insurance against claims for injury to persons or 
damage to property, which may arise from or in connection with the performance 
of the Work by Contractor, its agents, representatives, employees, or 
Subcontractors.
C. 
The insurance requirements are minimum requirements for this Contract and in no 
way limit the indemnity covenants contained in this Contract.
D. 
The City in no way warrants that the minimum limits contained in this Contract are 
sufficient to protect Contractor from liabilities that might arise out of the 
performance of the Contract Services under this Contract by Contractor, its agents, 
representatives, employees. Subcontractors or Subconsultants and Contractor is 
free to purchase any additional insurance as may be determined necessary. The
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City will not pay for higher limits, but if Contractor pays for insurance with higher 
limits, Contractor will name the City as an additional insured on any additional 
insurance.
E. 
Claims Made. In the event any insurance policies required by this Contract are 
written on a “claims made” basis, coverage shall continue uninterrupted throughout 
the term of this Contract by keeping coverage in force using the effective date of 
this Contract as the retroactive date on all “claims made” policies. The retroactive 
date for exclusion of claims must be on or before the effective date of this Contract, 
and can never be after the effective date of this Contract. Upon completion or 
termination of this Contract, the “claims made” coverage shall be extended for an 
additional three (3) years using the original retroactive date, either through 
purchasing an extended reporting option; or by continued renewal of the original 
insurance policies. Submission of annual Certificates of Insurance, citing the 
applicable coverages and provisions specified herein, shall continue for three (3) 
years past the completion or termination of this Contract.
F. 
Self-Insured Retentions. Any self-insured retentions and deductibles must be 
declared to and approved by the City. If not approved, the City may require that 
the insurer reduce or eliminate any self-insured retentions with respect to the City, 
its officers, officials, agents, employees, and volunteers.
9.2 MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor must provide coverage with limits of liability not less than those stated below.
A. Commercial General Liability-Occurrence Form
General Aggregate
Products-Completed Operations Aggregate 
Personal & Advertising Injury 
Each Occurrence 
Fire Damage (Any one fire)
Medical Expenses (Any one person)
$2,000,000
$2,000,000
$1,000,000
$2,000,000
$100,000
OPTIONAL
B.
Automobile Liabilitv-Anv Auto or Owned, Hired and Non-Owned Vehicles
Combined Single Limit Per Accident 
$1,000,000
For Bodily Injury and Property Damage
C. Workers Compensation and Employers Liability
Workers Compensation 
Employers Liability:
Each Accident
Disease - Each Employee 
Disease - Policy Limit
Statutory
$500,000
$500,000
$1,000,000
D. Coverage Terms and Required Endorsements
1. The City of Scottsdale, its officers, officials, agents, and employees are
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additional insureds with respect to liability arising out of activities performed 
by, or on behalf of, Contractor including the City's general supervision of 
Contractor; products and completed operations of Contractor; and 
automobiles owned, leased, hired, or borrowed by Contractor.
2. The City, its officers, officials, agents, and employees must be additional 
insureds to the full limits of liability purchased by Contractor even if those 
limits of liability are in excess of those required by this Contract.
3. Contractor’s insurance coverage must be primary insurance with respect 
to the City, its officers, officials, agents, and employees. Any insurance or 
self-insurance maintained by the City, its officers, officials, agents, and 
employees will be in excess of the coverage provided by Contractor and 
must not contribute to it.
4. Contractor's insurance must apply separately to each insured against 
whom a claim is made or suit is brought, except with respect to the limits 
of the insurer's liability.
5. Coverage provided by Contractor must not be limited to the liability 
assumed under the indemnification provisions of this Contract.
6. All policies must contain a waiver of subrogation against the City, its 
officers, officials, agents, and employees, for losses arising from Work 
performed by Contractor for the City.
7. Workers’ Compensation and Employers Liability Coverage: The insurer 
must agree to waive all rights of subrogation against the City, its officers, 
officials, agents, employees, and volunteers for losses arising from Work 
performed by Contractor for the City.
8. If Contractor receives notice that any of the required policies of insurance 
are materially reduced or cancelled, it will be Contractor’s responsibility to 
provide prompt notice to the contract administrator of same to the City, 
unless such coverage is immediately replaced with similar policies.
E. Builders Risk Insurance (Course of Construction)
To be provided if determined by the City as necessary with each Job Order.
Contractor bears all responsibility for loss to all Work being performed and to 
buildings under construction. Unless waived in writing by the City of Scottsdale, 
Contractor will purchase and maintain in force Builders Risk-Installation insurance 
on the entire Work until completed and accepted by the City. This insurance will 
be Special Causes of Loss or Open Perils policy form, for the completed value, at 
replacement cost equal to each Job Order contract price and all subsequent 
modifications. Contractor’s Builders Risk-Installation insurance will be primary and 
not contributory; and waive all rights of subrogation against the City of Scottsdale, 
its officers, officials and employees.
This Builders Risk-Installation insurance must name the City of Scottsdale,
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Contractor and all tiers of Subcontractors as respects their insurable interest at the 
date of loss. It must contain a provision that subject insurance will not be canceled 
or materially altered without at least 30 days advance notice to the City. Contractor 
is also required to give the City thirty (30) days advance written notice of the 
coverage termination for each project. The City will also be named as a Loss 
Payee under Builders Risk-Installation coverage.
This Builders Risk-Installation insurance must cover the entire Work including 
reasonable compensation for architects and Contractor’s’ services and expenses 
and other “soft costs” made necessary by an insured loss. Builders Risk- 
Installation insurance must provide coverage from the time any covered property 
comes under Contractor’s control and or responsibility, and continue without 
interruption during course of construction, renovation and or installation, including 
any time during which any project property or equipment is in transit, off site, or 
while on site for future use or installation. Insured property must include, but not 
be limited to, scaffolding, false work, and temporary buildings at the site. This 
insurance must also cover the cost of removing debris, including demolition as may 
be legally required by operation of any law, ordinance, regulation or code.
Contractor must also purchase and maintain Boiler and Machinery insurance with 
the same requirements as Builders Risk-Installation insurance stated above if the 
Work to be performed involves any exposures or insurable property normally 
covered under a Boiler and Machinery insurance policy or made necessary as 
required by law and or testing requirements in the performance of this Contract.
Contractor will be responsible for any and all deductibles under these policies and 
Contractor waives all rights of recovery and subrogation against the City under 
Contractor-provided Builders Risk-Installation insurance described in this Article.
The Builders’ Risk insurance must be endorsed so that the insurance will not be 
canceled or lapse because of any partial use or occupancy by the City. Builders’ 
Risk Insurance must be maintained until whichever of the following first occurs: (i) 
final payment has been made; or (ii) until no person or entity, other than the City, 
has an insurable interest in the property required to be covered.
By signing this Contract, all rights of subrogation are waived against the City of 
Scottsdale, its officers, officials, agents and employees.
9.3 OTHER INSURANCE REQUIREMENTS
The policies are to contain, or be endorsed to contain, the following provisions;
A. Contractors Professional Liability: Contractor must carry Contractors Professional 
Liability insurance to cover the residual, contingent, and passive design exposures 
of Contractor.
1. The City of Scottsdale, its officers, officials, agents, and employees, are to 
be named as additional insureds with respect to liability arising out of: 
activities performed by or on behalf of Contractor, including the City’s 
general supervision of Contractor; products and completed operations of 
Contractor.
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2. The City, its officers, officials, agents, and employees must be additional 
insureds to the full limits of liability purchased by Contractor, even if those 
limits of liability are in excess of those required by this Contract. The 
Commercial General Liability policy will be at least as broad as the 
Insurance Service Office, Inc.’s CG 0 0 01 07 98.
B. 
Contractors Professional Limits of Liability: Contractor must carry limits of 
$1,000,000 each Project and $2,000,000 in the Aggregate under a stand-alone 
policy or included by endorsement under the Commercial General Liability policy. 
Contractor, its successors and or assigns, is required to maintain this Professional 
Liability insurance as specified in this Contract for a minimum period of 3 years 
following completion and acceptance of the Work. Certificates of Insurance citing 
that applicable coverage is in force and contains the provisions required by this 
Contract must be submitted for the 3-year period.
1. 
Contractor’s insurance coverage must be primary insurance with respect 
to the City, its officers, officials, agents, and employees. Insurance or self- 
insurance maintained by the City, its officers, officials, agents, and 
employees must be in excess of Contractor’s insurance and will not 
contribute to it.
2. 
Contractor’s insurance must apply separately to each insured against 
whom a claim is made or suit is brought, except with respect to the limits 
of the insurer’s liability. The coverage provided by Contractor and its 
Subcontractors must not be limited to the liability assumed under the 
indemnification provisions of this Contract.
3. 
The policies must contain a waiver of subrogation against the City, its 
officers, officials, agents, and employees for losses arising from Work 
performed for the City.
C. 
Contractor, its successors and assigns, is required to maintain Commercial 
General Liability insurance as specified in this Contract for a minimum period of 3 
years following completion and acceptance of the Work. Contractor must submit 
a Certificate of Insurance evidencing the Commercial General Liability insurance 
during this 3 year period containing all the insurance requirements including 
naming the City of Scottsdale, its agents, representatives, officers, directors, 
officials and employees as Additional Insured as required.
9.4 SUBCONSULTANT’S AND SUBCONTRACTOR’S INSURANCE
Unless Contractor’s Subconsultants and Subcontractors can provide the same level of 
coverage as detailed in Article 9.2 and name the City and Contractor as Additional 
Insureds, Contractor’s certificates must include all Subcontractors and Subconsultants 
as insureds under its policies or Contractor must maintain separate certificates and 
endorsements for each Subcontractor and Subconsultant. All coverages for 
Subcontractors and Subconsultants must be in the amounts shown in Article 9.2. 
Certificates must contain a provision that the insurance will not be canceled or materially 
altered without at least 30 days advance notice to the City. The City must also be named 
as a Loss Payee under the Builders Risk-Installation coverage.
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9.5 
NOTICE OF CANCELLATION
If Contractor receives notice that any of the required policies of insurance are materially 
reduced or cancelled, it will be Contractor’s responsibility to provide prompt notice to the 
contract administrator of same to the City, unless such coverage is immediately replaced 
with similar policies. Each insurance policy required by the insurance provisions of this 
Contract must provide the required coverage and must not be suspended, voided, 
canceled by either party, reduced in coverage or in limits until 30 days written notice has 
first been given, by certified mail, return receipt requested to:
Melanie Gibson
Capital Project Management
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
Todd Gladden 
OMNI Electric LLC 
4640 E. Cotton Gin Loop 
Phoenix, AZ 85040
9.6 
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers duly licensed or approved to conduct business 
in the State of Arizona and with an A. M. Best rating of no less than B++6. The City in 
no way warrants that the above required minimum insurer rating is sufficient to protect 
Contractor from potential insurer insolvency. Failure to maintain insurance as required 
may result in termination of this Contract at the City's option.
9.7 
VERIFICATION OF COVERAGE
A. 
Contractor must furnish the City Certificates of Insurance (ACORD form or 
equivalent approved by the City) and with original endorsements effecting 
coverage as required by this Contract. The certificates and endorsements for each 
insurance policy are to be signed by a person authorized by that insurer to bind 
coverage on its behalf.
B. 
All certificates and endorsements are to be received and approved by the City 
before Contract Services commence except for Builders Risk Insurance, which will 
be received and approved as provided in Article 9.2(E). Each insurance policy 
required by this Contract must be in effect at or before the earlier of 
commencement of Contract Services under the Contract Documents or the signing 
of this Contract except for Builders Risk Insurance which must be in effect before 
commencement of the Work and remain in effect for the duration of the Project. 
Failure to maintain the insurance policies as required by this Contract or to provide 
evidence of renewal is a material breach of contract.
C. 
All Certificates of Insurance required by this Contract must be sent directly to the 
City of Scottsdale, Capital Project Management Office. The project number and 
project description must be included on the Certificates of Insurance. The 
City reserves the right to require complete, certified copies of all insurance policies
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Contract No. 2025-007-COS
required by this Contract, at any time. Failure to provide a Certificate of Insurance 
with the appropriate verbiage will result in rejection of Contractor’s Certificate and 
delay in contract execution.
Additional Certificates of Insurance submitted without referencing a Contract 
number will be subject to rejection and returned or discarded.
9.8 
APPROVAL
Any modification or variation from the insurance requirements in this Contract must be
approved by the Risk Management Division, whose decision is final. This action does
may be made by administrative action.
9.9 
BONDS AND OTHER PERFORMANCE SECURITY
A. 
Before execution of each individual Job Order, Contractor must provide a 
performance bond and a payment bond for all construction services, each in an 
amount equal to the full amount of the agreed upon cost for that Job Order. 
Contractor may, at its own option, provide Payment and Performance Bonds for 
the entire Job Order Contract amount, but there shall be no obligation for the City 
to reimburse Contractor for bond costs incurred, except on an actual cost basis as 
each individual Job Order is issued. Bonds must be submitted in accordance with 
Title 34, Chapter 6 of the Arizona Revised Statutes and must be in substantially 
the same form as Exhibits A and B, attached to this Contract.
B. 
Each bond must be executed by a surety company or companies holding a 
Certificate of Authority to transact surety business in the State of Arizona, issued 
by the Director of the Arizona Department of Insurance. A copy of the Certificate 
of Authority must accompany the bonds. The Certificate must have been issued 
or updated within 2 years before the execution of this Contract.
C. 
The bonds must be made payable and acceptable to the City of Scottsdale.
D. 
The bonds must be written or countersigned by an authorized representative of the 
surety and the bonds must have attached a certified copy of the Power of Attorney 
of the signing official.
1. If one Power of Attorney is submitted, it must be for twice the total Job 
Order Price.
2. If two Powers of Attorney are submitted, each must be for the total Job 
Order Price. Personal or individual bonds are not acceptable.
3. Upon the request of any person or entity appearing to be a potential 
beneficiary of bonds covering payment of obligations arising under the 
Contract Documents, Contractor must promptly furnish a copy of the bonds 
or must permit a copy to be made.
E. 
All bonds submitted for this Project must be provided by a company which has 
been rated "A or better" by the A.M. Best Company.
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ARTICLE 10 - INDEMNIFICATION
10.1 CONTRACTOR’S GENERAL INDEMNIFICATION
Contractor’s General Indemnification. To the fullest extent permitted by law, 
Contractor, its successors, assigns and guarantors, must defend, indemnify and hold 
harmless the City of Scottsdale, its agents, representatives, officers, directors, officials 
and employees from and against all allegations, demands, proceedings, suits, actions, 
claims, damages, losses, expenses, including but not limited to, reasonable attorney 
fees, court costs, and the cost of appellate proceedings, and ail claim adjusting and 
handling expense, investigation and litigation, for bodily injury or personal injury 
(including death), or loss or damage to tangible or intangible property caused, or alleged 
to be caused, in whole or in part, related to, arising from or out of, or resulting from any 
acts, omissions, negligence, recklessness, or intentional wrongful conduct to the extent 
caused by Contractor or any of its owners, officers, directors, agents or employees 
performing Work or Services under this Contract, including but not limited to, any 
Subcontractor or anyone directly or indirectly employed by any of them or anyone for 
whose acts any of them may be liable and any injury or damages by any of Contractor 
employees. This indemnity includes any claim or amount arising out of, or recovered 
under, the Worker’s Compensation Law or arising out of the failure of Contractor to 
conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court 
decree. It is the specific intention of the parties that the City shall, in ail instances, except 
for Claims arising solely from the negligent or willful acts or omissions of the City, be 
indemnified by Contractor from and against any and ail claims. It is agreed that 
Contractor will be responsible for primary investigation, defense, and judgment costs 
where this indemnification is applicable. In consideration of the award of this Contract, 
Contractor agrees to waive all rights of subrogation against the City, its officers, agents, 
representatives, directors, officials, and employees for losses arising from the work 
performed by the Architect for the City.
Insurance provisions in this Contract are separate and independent from the indemnity 
provisions of this Article and will not be construed in any way to limit the scope and 
magnitude of the indemnity provisions. The indemnity provisions of this paragraph shall 
not be construed in any way to limit the scope and magnitude and applicability of the 
insurance provisions.
10.2 INTELLECTUAL PROPERTY
A. 
Contractor must pay all royalties and license fees associated with its performance 
of services.
B. 
Contractor must defend any action or proceeding brought against the City based 
on any claim that the Work, or any part of the Work, or the operation or use of the 
Work or any part of it, constitutes infringement of any United States patent or 
copyright, now or subsequently issued. The City will give prompt written notice to 
Contractor of any action or proceeding and will reasonably provide authority, 
information and assistance in the defense of the action. Contractor shall indemnify 
and hold harmless the City from and against ail damages, expenses, losses, 
royalties, profits and costs, including but not limited to attorneys’ fees and 
expenses awarded against the City or Contractor in any action or proceeding. 
Contractor agrees to keep the City informed of all developments in the defense of
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these actions. The City may be represented by; and actively participate through 
its own counsel in any suit or proceedings if it so desires.
C. 
If the City is enjoined from the operation or use of the Work, or any part of the 
Work, as the result of any patent or copyright suit, claim, or proceeding. Contractor 
shall at its sole expense take reasonable steps to procure the right to operate or 
use the Work. If Contractor cannot procure this right within a reasonable time. 
Contractor will promptly, at Contractor’s option and at Contractor’s expense, (i) 
modify the Work so as to avoid infringement of any patent or copyright or (ii) 
replace the Work with Work that does not infringe or violate any patent or copyright.
D. 
Articles 10.2(B) and 10.2(C) will not be applicable to any suit, claim or proceeding 
based on infringement or violation of a patent or copyright:
1. Relating solely to a particular process or product of a particular 
manufacturer specified by the City and not offered or recommended by 
Contractor to the City; or
2. Arising from modifications to the Work by the City or its agents after 
acceptance of the Work.
E. 
The obligations stated in this Article 10.3 will constitute the sole Contract between 
the parties relating to liability for infringement of violation of any patent or copyright.
ARTICLE 11 - GENERAL PROVISIONS
11.1 MARSHALING AREA
Contractor is advised to contact the City of Scottsdale Development Services to 
determine the requirements for obtaining a permit for marshaling areas it proposes to 
use. Marshaling areas must be fenced. Contractor will obtain written approval from the 
property owner for marshaling area use. This approval must contain any requirements, 
which are a condition of this approval. Marshaling yard requirements according to 
M.A.G. Subsection 107.6.1 and the City of Scottsdale Supplemental Specifications will 
apply.
11.2 CONTRACT DOCUMENTS
A. 
Contract Documents are as defined ih Article 12.
B. 
The Contract Documents form the entire Contract between the City and 
Contractor. No oral representations or other Contracts have been made by the 
parties except as specifically stated in the Contract Documents.
C. 
In the event of any inconsistency, conflict, or ambiguity between or among the 
Contract Documents, the Contract Documents will take precedence in the order in 
which they are listed in the definition of Contract Documents in Article 12. As to 
drawings and plans, given dimensions will take precedence over scaled 
measurements, and large-scale plans over small-scale plans. Contract 
specifications will take precedence over contract plans.
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D. 
The Contract Documents are intended to permit the parties to complete the Work 
and all obligations required by the Contract Documents within the times and prices 
agreed upon for each Job Order. The Contract Documents are intended to be 
complementary and interpreted in harmony so as to avoid conflict, with words and 
phrases interpreted in a manner consistent with construction and design industry 
standards.
E. 
This Contract, the Plans, Standard Specifications and Details, Special Provisions, 
Performance Bond, Payment Bond, Certificates of Insurance, and Job Order 
Adjustments (if any) are by reference made a part of this Contract to the same 
extent as if set forth in full.
F.
Work Product
1. All Work products (electronically or manually generated) including but not 
limited to; cost estimates, studies, design analyses, original mylar 
drawings. Computer Aided Drafting and Design (CADD) file diskettes, and 
other related documents which are prepared or procured in the 
performance of this Contract (collectively referred to as documents) are to 
be and remain the property of the City and are to be delivered to the City 
before the final payment is made to Contractor. In the event these 
documents are altered, modified or adapted without the written consent of 
Contractor or the Subconsultants, which consent Contractor or the 
Subconsultants will not unreasonably withhold, the City agrees to hold 
Contractor and the Subconsultants harmless to the extent permitted by law 
from the legal liability arising out of the City’s alteration, modification or 
adoption of the documents.
2. The copyrights, patents, trade secrets or other intellectual property rights 
associated with the ideas, concepts, techniques, inventions, processes or 
works of authorship developed, created by Contractor, its Subconsultants 
or personnel, during the course of performing this Contract or arising out of 
the Project will belong to Contractor.
11.3 MODIFICATIONS
The Contract Documents may not be changed, altered, or amended in any way except 
in writing, signed by a duly authorized representative of each party.
11.4 TIME IS OF THE ESSENCE
Time is of the essence with respect to the dates and times stated in the Contract 
Documents.
11.5 COOPERATION AND FURTHER DOCUMENTATION
Contractor agrees to provide the City any other duly executed documents as will be 
reasonably requested by the City to implement the intent of the Contract Documents.
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11.6 ASSIGNMENT
Neither Contractor nor the City will, without the written consent of the other, assign, 
transfer or sublet any portion of this Contract or part of the Work or the obligations 
required by the Contract Documents.
11.7 FORCE MAJEURE
Neither party will be responsible for delays or failures in performance resulting from acts 
beyond their control. These acts include, but are not limited to, acts of God, riots, acts 
of war, acts of terrorism, epidemics, governmental regulations imposed after the fact, 
fire, communication line failures, or power failures.
11.8 FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for 
charges, the City may terminate this Contract at the end of the current fiscal period. The 
City agrees to give written notice to Contractor at least 30 days before the end of its 
current fiscal period and will pay Contractor for all approved charges incurred through 
the end of the period.
11.9 CONSTRUCTION METHODS
If the City provides Contractor with a written order to provide adequate maintenance of 
traffic, clean-up, dust control or to correct deficiencies or damage resulting from 
abnormal weather conditions, and Contractor fails to comply in the time frame specified, 
the City may have Work accomplished by other sources at Contractor’s expense.
11.10 UTILITY RELOCATIONS FOR CONSTRUCTION METHODS
If any utility is relocated or rebuilt to accommodate Contractor’s construction methods 
and available equipment, the expense will be borne by Contractor and will be replaced 
to the original location before completion of the Job Order at the request of the City’s 
Project Coordinator at Contractor’s sole expense.
11.11 DAMAGED UTILITIES DURING CONSTRUCTION
Any utilities damaged during construction shall be replaced at Contractor’s expense as 
per the requirements of the M.A.G. Standard Specifications.
11.12 SUCCESSORSHIP
Contractor and City intend that the provisions of the Contract Documents are binding 
upon the parties, their employees, agents, heirs, successors and assigns.
11.13 CONFLICT IN LANGUAGE
All services performed will conform to all applicable City of Scottsdale codes, ordinances 
and requirements as outlined in the Contract Documents. If there is a conflict in 
interpretation between provisions in this Contract and those in exhibits, the provisions in 
this Contract will prevail.
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11.14 THIRD PARTY BENEFICIARY
Nothing under the Contract Documents will be construed to give any rights or benefits 
in the Contract Documents to anyone other than the City and Contractor, and all duties 
and responsibilities undertaken in accordance with the Contract Documents will be for 
the sole and exclusive benefit of the City and Contractor and not for the benefit of any 
other party.
11.15 GOVERNING LAW
The Contract and all Contract Documents will be considered to be made under and will 
be construed in accordance with and governed by the laws of the State of Arizona 
without regard to the conflicts or choice of law provisions. Any action to enforce any 
provision of this Contract or to obtain any remedy with respect to this Contract shall be 
brought in Maricopa County, Arizona.
11.16 SEVERABILITY
If any provision of the Contract Documents or the application to any person or 
circumstance is invalid, illegal or unenforceable to any extent, the remainder of the 
Contract Documents and the application of the Contract will not be affected and will be 
enforceable to the fullest extent permitted by law. In accordance with the provisions of 
ARS § 41-194.01, should the Attorney General give notice to the City that any provisions 
of the Contract violates state law or the Arizona Constitution, or that it may violate a state 
statute or the Arizona Constitution, and the Attorney General submits the offending 
provision to the Arizona Supreme Court, the offending provision(s) shall be immediately 
severed and struck from the Contract and the City and Contractor shall, within 10 days 
after such notice, negotiate in good faith to resolve any issues related to the severed 
provision(s).
11.17 LEGAL REQUIREMENTS
Contractor shall perform all Contract Services in accordance with all Legal 
Requirements and will provide all notices applicable to the Contract Services as required 
by the Legal Requirements.
11.18 INDEPENDENT CONTRACTOR
Contractor is and will be an independent contractor. Any provisions in the Contract 
Documents that may appear to give the City the right to direct Contractor as to the details 
of accomplishing the Work or to exercise a measure of control over the Work means that 
Contractor will follow the wishes of the City as to the results of the Work only. These 
results will comply with ail applicable laws and ordinances.
11.19 CITY'S RIGHT OF CANCELLATION
This Contract is subject to cancellation by the City of Scottsdale in accordance with the 
provisions of Section 38-511, Arizona Revised Statutes.
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11.20 SURVIVAL
All warranties, representations and indemnifications by Contractor shall survive the 
completion or termination of this Contract.
11.21 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person has been employed or retained to solicit or secure 
this Contract upon any Contract or understanding for a commission, percentage, 
brokerage, or contingent fee, and that no member of the City Council, or any employee 
of the City of Scottsdale has any interest, financially, or otherwise, in the firm. For breach 
or violation of this warrant, the City of Scottsdale will have the right to annul this Contract 
without liability, or at its discretion to deduct from the Contract Price or consideration, 
the full amount of any commission, percentage, brokerage, or contingent fee.
11.22 NO WAIVER
The failure of either party to enforce any of the provisions of the Contract Documents or 
to require performance of the other party of any of its provisions will not be construed to 
be a waiver of those provisions, nor will it affect the validity of the Contract Documents 
or any part of the Contract Documents, or the right of either party to enforce each and 
every provision.
11.23 HEADINGS
The headings used in this Contract, or any other Contract Documents, are for ease of 
reference only and will not in any way be construed to limit or alter the meaning of any 
provision.
11.24 NOTICE
Whenever the Contract Documents require that notice be provided to the other party, 
notice will be considered to have been validly given (i) if delivered in person to the 
individual intended to receive the notice, (ii) 3 days after the date of the postmark of 
deposit by first class United States mail, registered or certified mail, postage prepaid to 
the address indicated below. Notice by electronic mail or facsimile will not be considered 
notice.
To City:
Alison Tymkiw 
City Engineer
7447 E. Indian School Road, Suite 205 
Scottsdale, Arizona 85251
To JOC Contractor:
Todd Gladden 
OMNI Electric LLC 
4640 E. Cotton Gin Loop 
Phoenix, AZ 85040
11.25 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract Contractor will comply with all provisions of 
Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant
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orders of the Federal government’s Affirmative Action guidelines to ensure that 
employees or applicants applying for employment will not be discriminated against 
because of race, color, religion, sex, sexual orientation, gender identity, or national 
origin. Contractor will include the terms of this provision in all contracts and subcontracts 
for Work performed under this Contract, including supervision and oversight. The JOC 
will take affirmative action to ensure that applicants are employed, and that employees 
are treated during employment without regard to their race, color, religion, sex, sexual 
orientation, gender identity, or national origin. Such action shall include, but not be 
limited to the following: 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 JOC agrees to 
post in conspicuous places, available to employees and applicants for employment, 
notices to be provided setting forth the provisions of this non-discrimination clause.
The JOC will, in all solicitations or advertisements for employees placed by or on behalf 
of the JOC, state that all qualified applicants will receive consideration for employment 
without regard to race, color, religion, sex, sexual orientation, gender identity, or national 
origin.
11.25.1 No Preferential Treatment or Discrimination: In accordance with the 
provisions of Article II, Section 36 of the Arizona Constitution, the City will not 
grant preferential treatment to or discriminate against any individual or group 
on the basis of race, sex, color, ethnicity or national origin.
11.26 ADDITIONAL CITY RIGHTS REGARDING SECURITY INQUIRIES
In addition to the foregoing, the City reserves the right to: (1) have an 
employee/prospective employee of Contractor be required to provide fingerprints and 
execute any other documentation as may be necessary to obtain criminal justice 
information pursuant to A.R.S. § 41-1750(G)(4); (2) act on newly acquired information 
whether or not that information should have been previously discovered; (3) unilaterally 
change its standards and criteria relative to the acceptability of Contractor's employees 
or prospective employees; and, (4) object, at any time and for any reason, to an 
employee of Contractor performing Work (including supervision and oversight) under 
this Contract.
A. 
Provisions Applicable to all Contractor Contracts and Subcontracts. Contractor will 
include the terms of this provision for employee background and security checks 
and screening in all contracts and subcontracts for Work performed under this 
Contract, including supervision and oversight.
B. 
Materiality of Security Inquiry Provisions. The Security Inquiry provisions of this 
Contract, as stated above, are material to the City’s entry into this Contract and 
any breach by Contractor may, at the City’s sole option and unfettered discretion, 
be considered to be a breach of contract of sufficient magnitude to terminate this 
Contract. Termination will subject Contractor to liability for its breach of contract.
11.27 HAZARDOUS MATERIALS
A. Hazardous Materials. Upon discovery of hazardous materials Contractor will 
comply with all applicable laws/ordinances and regulations and take all appropriate 
health and safety precautions.
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B. 
Unless included in the Work, if Contractor encounters onsite, or as material to be 
incorporated in the Work, any material which it reasonably believes to contain 
asbestos, polychlorinated biphenyl (PCB), or other hazardous substances or 
materials regulated by public health laws, it will immediately stop work and report 
the condition to the City.
C. 
If the material is found to contain asbestos, PCB or other hazardous substances or 
materials regulated by public health laws. Contractor will not resume work in the 
affected area until the material has been abated or rendered harmless. Contractor 
and the City may agree, in writing, to continue work in non-affected areas onsite.
D. 
An extension of Contract Time may be granted in accordance with Article 5.
E. 
Contractor will comply with all applicable laws/ordinances and regulations and take 
all appropriate health and safety precautions upon discovery.
F. 
Despite the provisions of this Article 11.27, the City is not responsible for 
Hazardous Conditions introduced to the Site by Contractor, Subcontractors or 
anyone for whose acts they may be liable. Contractor will indemnify, defend and 
hold harmless the City and the City’s officers, directors, employees and agents 
from and against all claims, losses, damages, liabilities and expenses, including 
attorneys’ fees and expenses, arising out of or resulting from those Hazardous 
Conditions introduced to the Site by Contractor, Subcontractors or anyone for 
whose acts they may be liable.
11.28 TRAFFIC CONTROL
A. 
Complete street closures will not be permitted unless specified in the Special 
Provisions or approved by the City. The timing and sequence of street closures 
will be approved by the Traffic Engineering Director (or designee) at least 14 days 
before the closure. This approval is necessary to provide coordination with other 
roadway projects and special events.
B. 
Adequate barricades and lighted warning signs must be installed and maintained 
by Contractor throughout the duration of any Project. All traffic control must be in 
accordance with the current version of the City of Scottsdale Supplement to MAG 
Uniform Standard Specifications Section 401 or as required by the approved 
barricade plan unless otherwise specified in the Special Provisions.
C. 
Contractor will submit a construction schedule and a barricade plan to the City 
Traffic Engineering Director (or designee) for approval or modification at least 72 
hours before construction is initiated, and must wait to commence construction 
until the plan is signed as accepted by the City Traffic Engineering Director (or 
designee).
11.29 MATERIAL SOURCE
No material source has been designated by the City for use under this Contract. MAG
Specification, Section 106 will apply as will ADOT Standard Specifications 1982, Section
106.1, 106.2, 106.7 & 106.8, which outline controls and Section 1001-1, -2, & -4
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concerning approval of Contractor-Furnished Source and supplemental Contracts in 
regards to environmental analysis and the liability for materials testing costs.
Contractor and Subcontractor furnished material sources situated in the 100-year flood 
plain of any stream or watercourse will not be allowed if located within 1.0 mile upstream 
and 2.0 miles downstream of any highway structure or surfaced roadway crossing.
A Contractor and Subcontractor-furnished source will be defined as a material source, 
which is neither an A.D.O.T. furnished source nor a commercial source, as defined in 
this Contract.
A commercial source will be defined as a material source in which the owner or producer 
has been for at least 1-year regularly engaged during regular business hours on a 
regular basis in the processing and selling of sand, rock, ready mixed Portland cement 
concrete, asphaltic concrete and other similar products normally produced and sold to 
all parties. The company must have an Arizona retail sales tax license.
The location of any new material source or existing non-commercial material source 
proposed for use under this Contract must be reviewed by the appropriate agency 
having flood plain management jurisdiction over the area of proposed source location. 
Contractor and Subcontractor will obtain a letter from the agency addressed to the 
Contract Administrator certifying that the proposed source location conforms to the 
required conditions and the applicable Standard Specifications. Contractor will 
familiarize himself with the nature and extent of the Contract Documents, work to be 
performed, all local conditions, and federal, state and local laws, ordinances, rules and 
regulations that in any manner may affect cost, progress or performance of the Work.
11.30 FAMILIARIZATION WITH APPLICABLE LAWS
Contractor will familiarize itself with the nature and extent of the Contract Documents, 
work to be performed, all local conditions, and federal, state and local laws, ordinances, 
rules and regulations that in any manner may affect cost, progress or performance of 
the Work.
11.31 NATIVE PLANTS
Contractor will take whatever steps, procedures or means necessary to remove, move, 
displace and save all native plants within the contract work area in accordance with the 
City of Scottsdale's Ordinance No. 1438, Native Plants, and all applicable state and 
county statutes, ordinances, codes and other policy requirements and recognized 
methods, procedures, techniques and equipment for protection, salvage, and handling 
of all plants to be moved from the construction area. This is not a pay item unless 
specified upon the Schedule of Bid Items.
11.32 ENDANGERED HARDWOODS
Any construction, building addition or alteration project which is financed by monies of 
this state or its political subdivisions will not use endangered tropical hardwood unless 
an exemption is granted by the Director of the State of Arizona, Department of 
Administration..
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11.33 HOURS OF WORK
A. 
All building construction and associated work will be restricted to the applicable 
summer or winter hours. Construction activity will include any work requiring the 
use of manually operated or power assisted tools or equipment and vehicles used 
to excavate, erect or deliver materials associated with construction. Summer 
hours begin April 1 and end on October 31. No work may begin before 6:00 a.m. 
or continue after 7:00 p.m., Monday through Friday. No work will begin on 
Saturday or Sunday before 7:00 a.m. or continue after 7:00 p.m. Sunday work may 
be conducted only if Contractor demonstrates, in writing to the building official, 
justifiable cause for the Sunday work.
B. 
Winter hours begin November 1 and end on March 31. No work will begin before 
7:00 a.m. or continue after 5:00 p.m., Monday through Friday. No work may begin 
on Saturday or Sunday before 8:00 a.m. or continue after 5:00 p.m. Sunday work 
may be conducted only if Contractor demonstrates, in writing to the building official, 
justifiable cause for the Sunday work.
C. 
The City may establish other times of work as necessary based on the 
geographical location of the jobsite in relation to surrounding occupancies, 
buildings and structures.
D. 
Contractor must submit a written request to the Building Official for a variance from 
the required work hours at least 7 days before the date for which the variance is 
desired. Variances will not be granted for more than 30 days at a time. A new 
application must be made for each additional variance. Contractor must notify 
adjacent property owners of the intended work and the duration of the requested 
variance. Proof of notification must be presented to the building official before the 
variance can be granted.
1. The application for the variance must demonstrate justifiable cause why 
the work must be done outside the prescribed time period (e.g. pouring 
concrete during “summer hours”). A variance will not be granted based 
solely on convenience or for work that can be completed during daytime 
construction hours.
2. The application for a variance must state the construction permit number, 
the address of the work, type of work, time period of the work, and the 
duration of the variance.
11.34 COMPLIANCE WITH FEDERAL LAWS
Contractor understands and acknowledges the applicability to it of the American with 
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free 
Workplace Act of 1989. Contractor agrees to comply with these laws in performing this 
Contract and to permit the City to verify compliance. Contractor will also comply with 
A.R.S. §34-301, “Employment of Aliens op Public Works Prohibited,” and A.R.S. §34- 
302, “Residence Requirements for Employees,” as amended. Contractor will include 
the terms of this provision in all contracts and subcontracts for Work performed under 
this Contract, including supervision and oversight.
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Under the provisions of A.R.S. §41-4401, Contractor warrants to the City that 
Contractor and aii its Subcontractors wiii compiy with aii Federai immigration 
iaws and regulations that relate to their employees and that Contractor and all its 
Subcontractors now comply with the E-Verify Program under A.R.S. §23-214(A).
A breach of this warranty by Contractor or any of its Subcontractors will be considered 
a material breach of this Contract and may subject Contractor or Subcontractor to 
penalties up to and including termination of this Contract or any subcontract.
The City retains the legal right to inspect the papers of any employee of Contractor or 
any Subcontractor who works on this Contract to ensure that Contractor or any 
Subcontractor is complying with the warranty given above.
The City may conduct random verification of the employment records of Contractor and 
any of its Subcontractors to ensure compliance with this warranty. Contractor agrees to 
indemnify, defend and hold the City harmless for, from and against all losses and 
liabilities arising from any and all violations of these statutes.
The City will not consider Contractor or any of its Subcontractors in material breach of 
this Contract if Contractor and its Subcontractors establish that they have complied with 
the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the 
Federal Immigration and Nationality Act and the E-Verify requirements prescribed by 
A.R.S. §23-214(A). The “E-Verify Program” means the employment verification pilot 
program as jointly administered by the United States Department of Homeland Security 
and the Social Security Administration or any of its successor programs.
The provisions of this Article must be included in any contract Contractor enters into with 
any and all of its Subcontractors who provide services under this Contract or any 
Subcontract. “Services” are defined as furnishing labor, time or effort in the State of 
Arizona by a Contractor or Subcontractor. Services include construction or maintenance 
of any structure, building or transportation facility or improvement to real property. 
Contractor will take appropriate steps to assure that all Subcontractors comply with the 
requirements of the E-Verify Program. Contractor’s failure to assure compliance by all 
its Subcontractors with the E-Verify Program may be considered a material breach of 
this Contract by the City.
A. Compliance with Americans with Disabilities Act
Contractor acknowledges that, in accordance with the Americans with Disabilities 
Act (ADA), programs, services and other activities provided by a public entity to 
the public, whether directly or through a contractor, must be accessible to the 
disabled public. Contractor will provide the services specified in this Contract in a 
manner that complies with the ADA and any and all other applicable federal, state 
and local disability rights legislation. Contractor agrees not to discriminate against 
disabled persons in the provision of services, benefits or activities provided under 
this Contract and further agrees that any violation of this prohibition on the part of 
Contractor, its employees, agents or assigns will constitute a material breach of 
this Contract.
11.35 DATA CONFIDENTIALITY
A. As used in this Contract, data means all information, whether written or verbal.
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including plans, photographs, studies, investigations, audits, analyses, samples, 
reports, calculations, internal memos, meeting minutes, data field notes, work 
product, proposals, correspondence and any other similar documents or 
Information prepared by or obtained by Contractor in the performance of this 
Contract.
B. 
The parties agree that all data, including originals, images, and reproductions, 
prepared by, obtained by, or transmitted to Contractor in connection with 
Contractor’s performance of this Contract is confidential and proprietary 
information belonging to the City.
C. 
Contractor will not divulge data to any third party without first obtaining the written 
consent of the City. Contractor will not use the data for any purposes except to 
perform the services required under this Contract. These prohibitions will not apply 
to the following data provided Contractor has first given the required notice to the 
City;
1. Data, which was known to Contractor before its performance under this 
Contract unless the data was acquired in connection with the Work 
performed for the City;
2. Data which was acquired by Contractor in its performance under this 
Contract and which was disclosed to Contractor by a third party, who to the 
best of Contractor’s knowledge and belief, had the legal right to make 
disclosures and Contractor is not othenwise required to hold the data in 
confidence; or
3. Data, which is required to be disclosed by virtue of law, regulation, or court 
order to which Contractor is subject.
D. 
In the event Contractor is required or requested to disclose data to a third party, or 
any other information to which Contractor became privy as a result of any other 
contract with the City, Contractor will first notify the City as required in this Article 
of the request or demand for the data. Contractor will give the City sufficient facts 
so that the City can be given an opportunity to first give its consent or take any 
action the City may consider appropriate to protect the data or other information 
from disclosure.
E. 
Unless prohibited by law, within 10 days after completion of services for a third 
party on real or personal property owned or leased by the City, Contractor will 
promptly deliver, as stated in this Article, a copy of all data to the City. All data will 
continue to be subject to the confidentiality requirements of this Contract.
F. 
Contractor assumes all liability for maintaining the confidentiality of the data in its 
possession and agrees to compensate the City if any of the provisions of this 
Article are violated by Contractor, its employees, agents or Subconsultants. Solely 
for the purposes of seeking injunctive relief, it is agreed that a breach of this Article 
will be considered to cause irreparable harm that justifies injunctive relief in court.
11.36 CONFLICT OF INTEREST
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A. 
To evaluate and avoid potential conflicts of interest, Contractor will provide written 
notice to the City, as stated in this Article, of any work or services performed by 
Contractor for third parties that may involve or be associated with any real property 
or personal property owned or leased by the City. The notice will be given 7 
business days before commencement of the Project by Contractor for a third party, 
or 7 business days before an adverse action as defined below. Written notice and 
disclosure will be sent to the City Senior Representative identified in Article 7.4.
B. 
Actions that are considered to be adverse to the City under this Contract include 
but are not limited to:
C.
D.
1. Using data as defined in this Contract acquired in connection with this 
Contract to assist a third party in pursuing administrative or judicial action 
against the City;
2. Testifying or providing evidence on behalf of any person in connection with 
an administrative or judicial action against the City; and
3. Using data to produce income for Contractor or its employees 
independently of performing the services under this Contract, without first 
obtaining the written consent of the City.
Contractor represents that except for those persons, entities and projects identified 
to the City, the services to be performed by Contractor under this Contract are not 
expected to create an interest with any person, entity, or third party project that is 
or may be adverse to the interests of the City.
Contractor’s failure to provide a written notice and disclosure of the information 
stated in this Article on Conflicts of Interest will constitute a material breach of this 
Contract.
11.37 LOSS AND DAMAGES
All loss or damage arising out of the nature of the Work to be done or from the action of 
the elements, or from any unforeseen circumstances, in the prosecution of the same, or 
from any unusual obstructions or difficulties which may be encountered in or during the 
prosecution of the Work, or from any casualty whatsoever of every description, will be 
sustained and borne by Contractor at its own cost and expense.
11.38 RIGHTS-OF-WAY
The M.A.G. Standard Specification 107.12 is modified to read as follows: “Contractor, 
at its own expense, is responsible for the acquisition of any necessary temporary 
easements for construction purposes, storage and maintenance purposes, which are 
required in addition to existing easements or rights of way secured by the City as 
indicated upon the plans.”
11.39 EXISTING TRAFFIC AND STREET SIGNS AND TRAFFIC SIGNAL EQUIPMENT
Contractor will use due care when excavating at or near intersections where traffic signal 
underground conduit is located. Contractor will notify the Transportation Maintenance
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Traffic Signal Division (480.312.5620) 48 hours in advance of any work at the 
intersections. Contractor will be responsible for the installation and maintenance of 
temporary overhead traffic signal cable as specified by the Traffic Engineering Director 
when underground conduit is to be severed by excavations at the intersection. The 
Transportation Maintenance Manager will have all underground traffic conduit located 
and will provide the necessary City Technicians to assist Contractor in identifying wiring 
phases and direction of conduit runs upon 24 hours notice from Contractor and at least 
1 day before Contractor’s scheduled wiring and installation of temporary cables. 
Contractor will be responsible for the wiring and connection of all temporary cable within 
the pull boxes and terminal compartments. The Transportation Maintenance Manager 
will provide a City technician to assist Contractor with connecting field wiring within the 
traffic signal control cabinet. Contractor will provide, at its expense an off-duty uniformed 
Police Officer to direct traffic while the traffic signal is turned off and the wiring is 
transferred. Contractor will be responsible as specified by the Traffic Engineering 
Manager for the repair and restoration of all traffic signal overhead and underground 
items that have been damaged or modified. The City does not permit the splicing of 
Magnetic Detector Loops.
11.40 CERTIFICATION OF USE OF BENCHMARKS
In compliance with the City’s Design Standards & Policies Manual (DS&PM), Sections 
9-1.1 and 9-1.301, it is the City’s intent that Contractor must use both horizontal and 
vertical benchmarks with City of Scottsdale published values for any survey on all public 
works projects. These published values are available for public use at the following 
website; https://eservices.scottsdaleaz.qov/maps/benchmarks. AT LEAST 1 
HORIZONTAL AND 1 VERTICAL BENCHMARK MUST MATCH THE NORTHING, 
EASTING OR ELEVATION VALUES PUBLISHED ON THE CITY’S WEBSITE. 
Contractor must sign and submit with this Contract, the Certificate of Use attached and 
by reference made a part of this Contract.
11.41 TAXES AND INDEMNIFICATION
The fee listed in this Contract includes any and all taxes applicable to the activities under 
this Contract. The City will have no obligation to pay additional amounts for taxes of any 
type. JOC and all subcontractors shall pay all Federal, state and local taxes applicable 
to its operation and any persons employed by the JOC, except as may be othenwise 
provided in this Contract. The JOC shall, and require all subcontractors to hold the City 
harmless from any responsibility for taxes, damages and interest, if applicable, 
contributions required under Federal, and/or state and local laws and regulations and 
any other costs including transaction privilege taxes, unemployment compensation 
insurance. Social Security and Worker’s Compensation.
11.42 NO BOYCOTT OF ISRAEL
By submitting a quote/proposal/bid and/or entering into a contract with the City, the 
vendor/company certifies that they are not currently engaged in and agrees for the 
duration of the Contract to not engage in a boycott of Israel as defined in A.R.S. § 35- 
393.
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11.43 CONTRACTOR WARRANTS AND CERTIFIES THAT IT DOES NOT
CURRENTLY, AND AGREES FOR THE DURATION OF THE CONTRACT 
THAT IT WILL NOT, USE:
1) The forced labor of ethnic Uyghurs in the People's Republic of China.
2) Any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China.
3) Any contractors, subcontractors or suppliers that use the forced labor or any goods or 
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
If Contractor becomes aware during the term of the Agreement that Contractor is not in 
compliance with this paragraph, Contractor shall notify the City within five business days after 
becoming aware of the noncompliance. Failure of Contractor to provide a written certification that 
Contractor has remedied the noncompliance within one hundred eighty (180) days after notifying 
the public entity of its noncompliance, this Contract shall terminate unless the Term of this 
Contract shall end prior to said one hundred eighty (180) day period.
ARTICLE 12 - DEFINITIONS
“Adjustment” means a written order signed by an authorized representative of the City and 
Contractor and which approves changes in the scope of the Work in the Job Order; in the total 
compensation or time allowed for completion of the Job Order, or modifications to other contract 
terms.
“Allowance” means an agreed amount by the City and Contractor for items which may be required 
to complete the scope of work.
“As-built Document” - “As-built in construction is equivalent to “as-is.” Drawings deemed “as- 
built” are final drawings that include all changes made during the actual construction process. 
These drawings represent the actual existing constructed conditions as opposed to designs or a 
proposed condition. The As-built Documents should be per Arizona Revised Statute 32-152.
“Blueline or Blackline Prints” - Prints that allows comparison of document versions to show what 
has been revised.
“Change Order” means a written order signed by an authorized representative of the City and 
which approves changes in the total compensation or time allowed for completion of services 
consistent with S.R.C. Sec. 2-200.
“City” means the City of Scottsdale, Arizona, an Arizona municipal corporation. Regulatory 
activities handled by the City of Scottsdale Development Services, Planning and Fire 
Departments or any other City department are not subject to the responsibilities of the City under 
this Contract.
“City’s Representative” means the person designated in Subdivision 7.4(A) (2).
"City’s Senior Representative" means the person designated in Subdivision 7.4(A) (1). 
“Construction Coordinator” means a City employee who coordinates the daily construction
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activities with Contractor, and with their inspection staff that performs quality control inspections, 
enforces project plans and specifications and adopted City codes and ordinances.
“Construction Documents” means the plans, specifications and drawings prepared by the Design 
Professional after correcting for permit review requirements and incorporating addenda and 
approved Job Order Adjustments.
“Construction Fee” means Contractor’s home office overhead and profit, whether at Contractor’s 
principal or branch offices. This includes the home office costs and any limitations or exclusions 
that may be included in the General Conditions for the construction phase.
“Contract” or “Job Order Contract” means this fully executed Contract between the City and 
Contractor.
“Contract Administrator" means the person designated in Article 7.4.
“Contract Documents” means the following items and documents in descending order of 
precedence executed by the City and Contractor: (1) Change Orders; (2) Job Order Adjustments; 
(3) Contract Modifications; (4) this Contract including all exhibits and attachments; (5) Contractor’s 
Proposal (if any); (6) Contractor Statement of Qualifications.
“Contract Modification” means a specific written concurrence between the City and Contractor for 
changes to this Contract.
“Contract Price” means the amount or amounts stated in Article 4 subject to any Contract 
Adjustments.
“Contract Services” means the services required by the Contract Documents.
“Contract Time(s)” means the time stated in Article 3, subject to Job Order Adjustments or 
extensions as permitted by this Contract.
“Contractor” is Contractor selected by the City to provide or procure construction services as 
detailed in this Job Order Contract.
“Contractor Payment Request” means the City form used by Contractor to request progress 
payments for Job Orders in accordance with Article 6.
“Contractor’s Representative” means the person described in Article 7.4(B) (2).
"Contractor’s Senior Representative" means the person described in Article 7.4(B) (1).
“Day(s)” means calendar days unless otherwise specifically noted in the Contract Documents.
“Delay” means an unanticipated event or interference with the progress of a critical path work 
activity being performed at the time that causes the completion date of the project to be extended. 
Delays may be caused by the City, Contractor, third parties or Force Majeure events. Delays may 
be excusable, compensable, non-compensable or concurrent.
“Delay, Compensable” means delay that results from the City’s actions or inactions that entitle 
Contractor to both a time extension and delay damages.
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“Delay, Concurrent” means 2 or more delays, within the same timeframe, both of which would 
independently impact the project’s critical path. If one delay is caused by the City and the other 
by Contractor, Contractor will generally be entitled to an excusable, non-compensable time 
extension, to the degree the delays may “overlap.”
“Delay, Excusable” means an unforeseeable delay caused by an event beyond the control and 
without the fault or negligence of Contractor (including its Suppliers and Subcontractors). 
Excusable delays may be compensable or non-compensable, depending upon whether the terms 
of the contract or the law allows recovery of delay costs. Unless otherwise shown, it will generally 
be presumed that these delays are non-compensable.
“Delay, Non-Excusable” means a delay within the control of Contractor, its suppliers and 
subcontractors, or a delay resulting from a risk taken by Contractor under the terms of the 
Contract. Contractor will not be due any time extension or delay damages, and may be 
responsible for paying to the City, actual or liquidated damages for the delay.
“Deliverables” means the work products prepared by Contractor in performing the scope of work 
described in this Contract. Some of the major deliverables to be prepared and provided by 
Contractor may include, but are not limited to: Construction Management Plan, Project Schedule, 
Schedule of Values, alternative system evaluations, procurement strategies and plans, cost 
estimates, construction market surveys, cash flow projections. Subcontractor procurement plan. 
Subcontractor Contracts, Subcontractor bid packages. Supplier Contracts, and others as 
indicated in this Contract or required by the Project Team.
“Design Professional” means a qualified, licensed design professional who furnishes design or 
construction administration services.
“Differing Site Conditions” comply with M.A.G. Standard Specifications, Subsection 102.4.
“Duration of the Work” means the number of Days from a Job Order Notice to Proceed to 
Substantial Completion.
“Field Order” means a written field directive prepared and signed by the City, directing a change 
in work that may or may not include an adjustment in contract price or contract time.
“Final Acceptance” means the completion of a Job Order as prescribed in Article 3.4.
“Informational Submittals” - Submittals are required (common with construction projects) for the 
architect and engineer to verify that the correct products and quantities will be installed on a 
project.
“Job Order” or “Project” means a specific scope of Contract Services done pursuant to an 
individual Job Order and includes a specific written Contract between the City and Contractor for 
a Job Order including a Scope of Work, a Job Order Price, a Duration of the Work and any special 
conditions that may apply to be performed under this Contract. The Job Order includes the plans, 
technical specifications, special provisions and Contractor’s proposal either by reference or 
inclusion.
“Job Order Price" means the amount negotiated between Contractor and the City that includes 
costs, overhead, bonding, insurance, profit and other costs as agreed to and calculated on the
9769896V7 (Rev July 2024)
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Contract No. 2025-007-COS
Unit Prices, Cost-coefficient and Special Items as prescribed in Article 4.
“Job Order Time” means the time from the Job Order Notice-to-Proceed to Substantial 
Completion. The approved Job Order Time will be made part of this Contract by executing an 
individual Job Order for that specific Project.
“Legal Requirements" means all applicable federal, state and local laws, codes, ordinances, 
rules, regulations, orders and decrees of any government or quasi-government entity having 
jurisdiction over a Project or Site, the practices involved in a Project or Site, or any Work.
“Liquidated Damages” means an amount Contractor will pay in compliance with Article 3.5.
“Must” and “will” as used in this Contract are mandatory.
“Notice to Proceed,” (NTP) means a written notice given by the City to Contractor fixing the date 
on which Contractor will start to perform Contractor’s obligations under that individual Job Order.
“Owner Agent," “City’s Agent” or “Owner Representative” see “City’s Senior Representative.”
“Payment Request” means a monthly progress payment request that is based on a monthly 
estimate of the dollar value of the Work completed.
“Product Data” means illustrations, standard schedules, performance charts, instructions, 
brochures, diagrams and other information furnished by Contractor to illustrate materials or 
equipment for some portion of the Work.
“Professional Certification” - Professional certification is a designation which indicates that a 
person is qualified to perform a job or task. Professional certification can be trade certification or 
professional designation.
“Project Record Documents” means the documents created pursuant to Article 1.9.
“Project Record Drawing Prints” - Set of current design drawings used by construction contractor 
for reference during construction. These drawings are typically marked up during the construction 
process, and are used to develop the subsequent “as-built” drawings.
“Punch List” means those minor items of Work to be completed before Final Acceptance which 
do not prevent the Project from being used for the purpose for which it is intended and which will 
not prevent the issuance of a Certificate of Occupancy.
“Samples” means physical examples, which illustrate materials, equipment or workmanship and 
establish standards by which the Work will be judged.
“Schedule of Values (SOV)” means the Document specified in the construction phase, which 
divides the Contract Price into pay items, such that the sum of all pay items equals the Contract 
Price for the construction phase Work, or for any portion of the Work having a separate specified 
Contract Price. The SOV may or may not be output from the Progress Schedule depending on 
whether the Progress Schedule is cost-loaded or not.
“Shop Drawings” means drawings, diagrams, schedules and other data specially prepared for the 
Work by Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor
9769896V7 (Rev July 2024)
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Contract No. 2025-007-COS
to illustrate some portion of the Work.
“Site” means the land or premises on which a Job Order is located. Contractor will require all 
subcontractors to include the street address of the Job Order in their contracts.
“Specifications” means those sections of the Contract Documents for the construction phase 
consisting of written technical descriptions of materials, equipment, construction systems, 
standards and workmanship as applied to the Work and certain applicable administrative details.
“Subcontractor” or “Sub consultant” means any person or entity retained by Contractor as an 
independent contractor to perform a portion of the Contract Services and must include material 
men and suppliers. All Subcontractors must be selected in accordance with the selection plan 
stated in Article 1.13.
“Substantial Completion” means when the Work, or when an agreed upon portion of the Work is 
sufficiently complete so that the City can occupy and use the Project or a portion of it for its 
intended purposes. This may include, but is not limited to: (1) approval by the City Fire Marshall 
and local authorities (Certificate of Occupancy); (2) issuance of elevator permit; (3) demonstration 
to the City that all systems are in place, functional, and displayed to the City or its representative; 
(4) installation of all materials and equipment; (5) City review and acceptance of all systems; (6) 
City review and acceptance of draft O&M manuals and record documents; (7) City operation and 
maintenance training completed; (8) HVAC test and balance completed [provide minimum 30 
days before projected substantial completion]; (9) completed landscaping and site work; and (10) 
final cleaning.
“Supplier” means a manufacturer, fabricator, supplier, distributor, material man or vendor having 
a direct contract with Contractor or any Subcontractor to furnish materials or equipment to be 
incorporated in the construction phase work by Contractor or any Subcontractor.
“Work” means the entire completed construction or the various separately identifiable parts of the 
construction, required to be furnished during the construction phase. Work includes and is the 
result of performing or furnishing labor and furnishing and incorporating materials, resources and 
equipment into the construction, and performing or furnishing services and documents as required 
by the Contract Documents for the construction phase.
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Contract No. 2025-007-COS
CITY OF SCOTTSDALE, ARIZONA 
CONTRACT NO. 2025-007-COS 
CONTRACT___________
This Contact has been properly executed by the parties above named, on the date and year 
written above, to be retained by the City Clerk.
Contractor agrees that this Contract, as awarded, is for the stated Work and understands that 
payment for the Work will be made on the basis of the indicated amount, per the terms and 
conditions of this Contract.
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
/f
By . V /
I^Jsa 'Borowst^yri^yor
ATTEST:
Ben Lane, City Clerk
CONTRACTOR; 
OMNI Electric, LLC
By
^odd-eiad^rrrVice-President-
Arp*.
RECOMMENDED:
Alison Tymkiw, P.E./ 
City Engineer
Jeorge Woms 
Risk Management Director
APPROVED AS TO FORM:
Sherry R. Scott, City Attorney 
By; Shane C. Morrison, Assistant City Attorney
9769896V7 (Rev July 2024)
Page 64 of 64

Contract No. 2025-007-COS
EXHIBIT A
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34, CHAPTER 6,
OF THE ARIZONA REVISED STATUTES 
(Penalty of this bond must be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That,
___________________________ (hereinafter called the Principal) as Principal, and
___________________________, a corporation organized and existing under the laws of the State of
_________________with its principal office in the City of______________________ , (hereinafter called
the Surety), as Surety, are held and firmly bound unto the City of Scottsdale, County of Maricopa, State of
Arizona in the amount of___________________________Dollars ($_______________ ), for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors 
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City of Scottsdale, dated the
_____day of________________ , 2025, for Bid No. (bid number). Project No. (project number), (project
name), which contract is hereby referred to and made a part hereof as fully and to the same extent as if 
copied at length herein.
NOW THEREFORE, the condition of this obligation is such, that if the Principal faithfully performs and fulfills 
all of the undertakings, covenants, terms, conditions and Contracts of the contract during the original term 
of the contract and any extension of the contract, with or without notice to the surety, and during the life of 
any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, 
terms, conditions and Contracts of all duly authorized modifications of the contract that may hereafter be 
made, notice of which modifications to the surety being hereby waived, the above obligation is void. 
Otherwise it remains in full force and effect.
PROVIDED HOWEVER, that this Bond is executed pursuant to the provisions of Title 34, Chapter 6, 
Arizona Revised Statutes, and all liabilities on this Bond will be determined in accordance with the 
provisions of Title 34, Chapter 6, Arizona Revised Statutes, to the extent as if it were copied at length in 
this Contract. The prevailing party in a suit on this bond will recover as part of the judgment reasonable 
attorney fees that may be fixed by a Judge of the Court. The performance under this bond is limited to the 
construction to be performed under the contract and does not include any design services, preconstruction 
services, financial services, maintenance services, operations services or any other related services 
included in the contract.
WITNESS our hands the
day of_
., 2025.
PRINCIPAL
BY:
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
9769896V5 (Rev Dec. 2016)
Page 1 of 1

Contract No. 2025-007-COS
EXHIBIT B
STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34. CHAPTER 6,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That,
_ (hereinafter called the Principal), as Principal, and 
, a corporation organized and existing under the laws of the
_, with its principal office in the City of
State of____________
(hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Scottsdale,
County of Maricopa, State of Arizona, in the amount of__________________________ Dollars
($________________), for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by 
these presents.
WHEREAS, the Principal has entered into a certain written contract with the City of Scottsdale
dated the_____day of__________________
, 2025, for Bid No. (bid number). Project No.
(project number), (project name), which contract is hereby referred to and made a part hereof as 
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such that if the Principal promptly pays all 
monies due to all persons supplying labor or materials to the Principal or the Principal's 
subcontractors in the prosecution of the work provided for in the contract, this obligation is void. 
Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 
6, of the Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance 
with the provisions, conditions and limitations of Title 34, Chapter 6, Arizona Revised Statutes, to 
the same extent as if they were copied at length in this Contract.
The prevailing party in a suit on this bond will recover as a part of the judgment reasonable 
attorney fees that may be fixed by a Judge of the Court.
WITNESS our hands the
day of.
_, 2025.
PRINCIPAL
BY:
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
9769896v5 (Rev Dec. 2016)
Page 1 of 1

RESOLUTION NO. 13319
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE. 
MARICOPA COUNTY, ARIZONA, AUTHORIZING CONSTRUCTION SERVICES 
JOB ORDER CONTRACT (JOC) CONTRACT NO. 2025-005-COS WITH B&F 
CONTRACTING, INC., CONTRACT NO. 2025-006-COS WITH C S 
CONSTRUCTION, INC., AND CONTRACT NO. 2025-007-COS WITH OMNI 
ELECTRIC, LLC FOR CITYWIDE ELECTRICAL (CIVIL) CONSTRUCTION AND 
MAINTENANCE SERVICES.
WHEREAS, the City desires services for electrical (Civil) construction and maintenance 
services throughout the City on an as-needed basis; and
WHEREAS B&F Contracting, Inc., C S Construction, Inc., and OMNI Electric, LLC are 
qualified to render the services desired by the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale, 
Maricopa County, Arizona as follows:
Section 1. The City Council hereby authorizes and directs the Mayor to execute, on 
behalf of the City, Construction Services Job Order Contract (JOC) Contract No. 2025-005-COS 
with B&F Contracting, Inc., Contract No. 2025-006-COS with C S Construction, Inc., and 
Contract No. 2025-007-COS with OMNI Electric, LLC, each in an amount not to exceed six 
million dollars ($6,000,000) for the initial two year term of each contract.
Section 2. The City Manager or designee is hereby authorized to execute such other 
documents and take such other actions as necessary to carry out the intent of this Resolution.
^ PASSED AND ADOPTED by the Council of the City of Scottsdale this 
day of
_______ , 2025.
ATTEST:
By:
Ben Lane, City Clerk
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
Bv:
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Sherry R. Scott, City Attorney
By: Shane C. Morrison, Assistant City Attorney
Page 1 of 1
Resolution 13319