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17525383v2
CITY OF SCOTTSDALE
JOB ORDER CONTRACT
NO. 2019-194-COS
Contract No. 2019-194-COS
Scottsdale No. 2019-194-COS
TABLE OF CONTENTS
RECITALS......ccccccccssesrsessecsssessesscesseenssessecneeaerenenesenacsnecneenaresnensauenesseasenauensnnesaenensaeensnsegenseasersenees 1
ARTICLE 1 - CONTRACTOR'S SERVICES AND RESPONSIBILITIES ............:.c:cssersussesesreesees 1
ARTICLE 2 - CITY'S SERVICES AND RESPONSIBILITIES ...........:csccsssssesesnersessnenneensnenares 17
ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME........cceseccscssssssesesecsscessereeecnansensssaees 21
ARTICLE 4- CONTRACT PRICE AND JOB ORDER PRICE ............csscssessescerecescsnserenseerensenees 24
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME..........ccccsscescesenessesseseeeeseee 25
ARTICLE 6 - PROCEDURE FOR PAYMENT............ccccccccssscesssssceeserssessassearesaseansseseaceesercessenses 31
ARTICLE 7 - CLAIMS AND DISPUTES .........ccccccecesssescseseeceseseeseseacssnsensesceserseecesensnessneseceaenes 34
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION ..........cccccssssssseersneseeseees 37
ARTICLE 9 - INSURANCE AND BONDG...........cecsssescecessssesesestnsenseenesstacsuetatsenereresseaseneessseness 40
ARTICLE 10 - INDEMNIFICATION .........:ccscessssesersersessssnreteeeesersereneatersesseensansenseeesqeaneeeteteesees® 47
ARTICLE 11 - GENERAL PROVISIONG........:cscscssssesecenteesseneressseessesssarsnarspasssasntesepenecesneanets 50
ARTICLE 12 - DEFINITIONS........ccccssssssesscsescsescsssessnccesensnerssenenesseccarneesenesneesuensensasensacasensees® 61
EXHIBIT A - STATUTORY PERFORMANCE BOND
EXHIBIT B - STATUTORY PAYMENT BOND
EXHIBIT C - CITY OF SCOTTSDALE PUBLISHED BENCHMARKS
9769896v7 (Rev Dec. 2016) i
Contract No. 2019-194-COS
CITY OF SCOTTSDALE
CONTRACT NO. 2019- -COS
THIS CONTRACT, entered into this 1a day of Donne ty! . 2019, between the City
of Scottsdale, an Arizona municipal corporation("CITY"), and AJP Electric, Inc., an Arizona
Corporation (“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. The 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 the Contractor as follows:
ARTICLE 1 - CONTRACTOR'S SERVICES AND RESPONSIBILITIES
1.1. GENERAL SERVICES
A. The 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 oversight of the City Engineer,
or his 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, the Contractor shal] 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 the Contractor are subject to review by the City
Review by the City is solely for the benefit of the City and is not intended
to be for the benefit of any other person and does not relieve the Contractor
from the professional liability associated with the documents it has
prepared.
9769896v7 (Rev Dec 2016/July 2019)
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Contract No. 2019-194-COS
3. The Contractor's Representative shall be reasonably available to the City
and shall have the necessary expertise and experience required to
supervise the Contract Services. A Contractor's Representative will be
assigned for each Job Order. The Contractor's Representative will
communicate regularly with the City and will be vested with the authority to
act on behalf of the Contractor.
The City is a member of SAVE cooperative purchasing group. $AVE includes the
State of Arizona, Maricopa County, many Phoenix metropolitan area
municipalities, and many K-12 unified school districts. Under $AVE Cooperate
Purchasing Agreement, and with the concurrence of successful Respondents
under this solicitation, a member of $AVE may access a contract resulting from
this solicitation issued by the City. By signing the JOC Contract, the Contractor
agrees to allow other $AVE members the ability to purchase their needs and “use”
this contract for JOC requirements.
1.2. GOVERNMENT APPROVALS AND PERMITS
A. Unless otherwise provided, the Contractor shall 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. The 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.
Cc. The City will pay 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. The Contractor is responsible for all other permits and review fees not specifically
listed in Article 1.2(C) above.
E, The Contractor is responsible for tne cost of construction-related water meter(s),
water and sewer taps, fire lines and taps, and all water bilis on the project meters
until Substantial Completion of the Project. Arrangements for construction water
will be the 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: “The
Contractor, at its own expense, is responsible for the acquisition of any necessary
temporary easements for construction purposes, storage, maintenance, and
tefuse haul-off as indicated upon the plans, which are required in addition to
existing easements or rights-of-way secured by the City.”
9769896v7 (Rev Dec. 2016/July 2019}
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