Linking Agreement

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
B & F Contracting, Inc.

‘THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of

, 20, between the City of Glendale, an Arizona municipal corporation (the “City’”), and B &

F Contracting, Inc., an Atizona corporation (“Contractor”), collectively, the “Parties.”

RECITALS

On April 6, 2021, under the S.A.V.E. Cooperative Purchasing Agreement, Scottsdale, AZ
entered into a contract with Contractor to purchase the goods and services described in the
Job Order Contract No. 2021-038-COS JOC Citywide Civil/Site Projects (“Cooperative
Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing
Agreement permits its cooperative use by other governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1,

Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing
Agreement, putchases can be made by governmental entities from the date of award, which
was April 6, 2021, until the date the contract expires on April 6, 2023, unless the term of the
Cooperative Purchasing Agreement is extended by the mutual agreement of the original
contracting parties. The Cooperative Purchasing Agreement, however, may not be extended
beyond April 6, 2026. The initial period of this Agreement, therefore, is the period from the
Effective Date of this Agreement until April 6, 2023. ‘The City, however, may renew the term
of this Agreement for an additional three (3) year periods until the Cooperative Purchasing
Agreement expires on April 6, 2026. Renewals are not automatic and shall only occur if the

1/29/18

City gives the Contractor notice of its intent to renew. The City may give the Conttactor notice
of its intent to renew this Agreement 30 days prior to the anniversary of the Effective Date to
effectuate such renewal.

Scope of Work: Terms, Conditions, and Specifications.

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the terms, conditions and specifications of the

Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Compensation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total purchase price for the supplies and/or services purchased under this

Agreement shall not exceed a cap of $5,000,000 dollars and $1,500,000 dollars per
work/job order assignment per attached JOC (Exhibit A) for the entire term of the
Agreement (initial term plus any renewals by original contracting patties).

Cancellation. ‘This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same tequitements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Israel. The Parties agree that they are not currently engaged in, and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393.

Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

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10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:

City of Glendale

c/o David Beard, City Engineer
5850 W. Glendale Avenue
Glendale, Atizona 85301
623-930-3630

and

B & F Contracting, Inc.
c/o Bruce Balls Sr.
11011 N. 23" Ave
Phoenix, AZ 85029

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.

“City” “Contractor”

City of Glendale, an Arizona B & F Contracting, Inc.
municipal corporation in Arizofia Qorporation
Wha —_
Kevin R. Phelps

City Manager Title: CEO

By:

ATTEST:

Julie K. Bower (SEAL)
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

1/29.18

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
B & F CONTRACTING

EXHIBIT A
Job Order Contract 2021-038-COS — Citywide Civil/Site Projects
B & F Contracting Offer and Acceptance

1/29.18

(| COPY

RESOLUTION NO. 12121

A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA AUTHORIZING CONSTRUCTION
SERVICES JOB ORDER CONTRACT (JOC) NO. 2021-037-COS WITH
DBA CONSTRUCTION, INC., CONTRACT NO. 2021-038-COS WITH B
& F CONTRACTING INC., CONTRACT NO. 2021-039-COS WITH
HUNTER CONTRACTING CO., AND CONTRACT NO. 2021-040-COS
WITH NESBITT CONTRACTING CO, INC. FOR CITYWIDE CIVIL/SITE
CONSTRUCTION.

WHEREAS, the City desires services for Citywide Civil/Site Projects involving
Earthwork, Paving, Concrete, Bikeways, and Storm Drains; and

WHEREAS, DBA Construction, Inc., B & F Contracting Inc., Hunter Contracting
Co. and Nesbitt Contracting Co., Inc. are qualified to render the services desired by the

City.

BE IT RESOLVED by the Council of the City of Scottsdale, Maricopa County,
Arizona, as follows:

Section 1. The Mayor is authorized and directed to execute Construction
Services Job Order Contract (JOC) No. 2021-037-COS with DBA Construction, Inc.,
Contract No. 2021-038-COS with B & F Contracting, Contract No. 2021-039-COS with
Hunter Contracting Co., and Contract No. 2021-040-COS, with Nesbitt Contracting Co.,
Inc. for Citywide Civil/Site Projects in an amount not to exceed $10,000,000 for the initial
two year term of each contract.

PASSED AND ADOPTED by the Council of the City of Scotisdale this ms day
of A pri , 2021.

ATTEST: CITY OF SCOTTSDALE, an
Arizona municipal corporation

By: Bon deve By:

Ben Lane, City Clerk

David D. Ortega, Mayor

APPRQ* AS TO FORM:
OFF, F THE CITY ATTORNEY
7 .
ZL
erry R~Stott, City of Scottsdale
By: Eric C. Anderson, Senior Assistant City Attorney

17876341v1

CITY OF SCOTTSDALE

JOB ORDER CONTRACT

NO. 2021-038-COS

Contract No. 2021-038-COS

Contract No. 2021-038-COS

TABLE OF CONTENTS
RECITALS....csscsscncnessercceseeesneereennsnrsnensomsnsuausennnnenneseseessannensuueesnoneenenseguunecneumteauaneneccusnseeronecuneess 1
ARTICLE 1 - CONTRACTOR’S SERVICES AND RESPONSIBILITIES. ...........-.cscsesceseneeeraees 1
ARTICLE 2 - CITY’S SERVICES AND RESPONSIBILITIEG.........ccsssessssccsssnerssenseseaterteseeestaces 17
ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME ........cscssessesseresscensesetnesenserseersasearens 21
ARTICLE 4- CONTRACT PRICE AND JOB ORDER PRICE ........ccscsccccsssrsnseansassoneneaconsnnersnaes 24
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME.......ccscncssssenncsceneeneatarennaee 25
ARTICLE 6 - PROCEDURE FOR PAYMENT wassesecsrrcessnseneneersennecraeunecneaneneeansnataeeouan paver nntenanven 31
ARTICLE 7 - CLAIMS AND DISPUTES. .........cscsssessccsatesssesseesensessunssnenernernnyaecueenenntenseunesenpoees 35
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION .....ccerscsrssussessrsssrsesenees 37
ARTICLE 9 - INSURANCE AND BONDG............cccescoerenserssseeetsssensesenenssconeencennnensseneensmnenaneey 40
ARTICLE 10 - INDEMNIFICATION ....c...ssscesssersssssnscesercoetenasanenscausussunenssonsersesanseneanecensneonenerees 47
ARTICLE 11 - GENERAL PROVISIONS .u...cssesssssecessnessnseesasteesseenensccsenserneeressesssereseenenneneneanes 48
ARTICLE 12 - DEFINITIONS ......ccssccssscsssstsscesserssesnesseseessecnensanensssenaneneamenensuseccaensuvensnecsareaneanses 61

EXHIBIT A - STATUTORY PERFORMANCE BOND
EXHIBIT B - STATUTORY PAYMENT BOND

EXHIBIT C - CITY OF SCOTTSDALE PUBLISHED BENCHMARKS

9769896V7 (Rev Jan. 2020) i

Contract No. 2021-038-COS

CITY OF SCOTTSDALE
CONTRACT NO. 2021-038-COS

THIS CONTRACT, entered into this 6" day of April 2021, between the City of Scottsdale, an
Arizona municipal corporation(“CITY”), and B & F Contracting, 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.

G. 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 - CONTRAGCTOR’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 shall 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 $4,000,000 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.

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Contract No. 2021-038-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 Contractors Representative will
communicate regularly with the City and will be vested with the authority to
act on behalf of the Contractor.

C. The City is a member of $AVE cooperative purchasing group. $AVE includes the
State of Arizona, Maricopa County, many Phoenix metropolitan area
municipalities, and many K-12 unified schoof 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.

C. 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 the cost of construction-related water meter(s),
water and sewer taps, fire lines and taps, and ail water bills 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
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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Contract No. 2021-038-COS

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 will be scheduled.

B. The purpose of this conference is to establish a working relationship between the
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.

Cc. At a minimum, attendees will include a Contractor Representative who is
authorized to execute and sign documents on behalf of Contractor, the job
superintendent, and Contractor's safety officer.

DB. The Job Order Notice to Proceed date will be established.

E. The 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. The 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. The 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 may be submitted in
accordance with the Contractor's price book already approved by City,

1.4, CONTROL OF THE WORK

The Contractor shall properly guard and protect all partially finished work and shall 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 the Contractor
from this responsibility, however, Contractor will turn over the entire Work in full
compliance with the specifications or Jab 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 te 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, the Contractor shall 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, the Contractor shall provide through itself or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment,
machinery, temporary utilities, other temporary facilities, temporary fencing, roil-
offs, and dust control to permit the Contractor to complete the Work consistent with
the Job Order.

9769896v7 (Rev Dec, 2016/July 2019/January 2020)
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Contract No. 2021-038-COS

C. The Contractor shall perform all construction activities efficiently and with the
requisite expertise, skill and competence to satisfy the requirements of the Job
Order. The Contractor shall 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 shall be furnished by the Contractor.

E. Where the Job Order requires that a particular product be installed or applied by an
applicator approved by the manufacturer, Contractor shall ensure the Subcontractor
employed for the work is approved.

F. Before ordering materials or doing work, the Contractor and each Subcontractor
will verify measurements at the Site and shail 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.

G. The Contractor shall take field measurements and verify field conditions and
carefully compare these field measurements, conditions and other information
Known to the Contractor with the Job Order before starting activities. Errors,
inconsistencies or omissions discovered shall be immediately reported to the City.

H. The Contractor shall establish and maintain all building and construction grades,
lines, levels, and benchmarks, and shali be responsible for the accuracy and
protection of these items. This work shall be performed or supervised by an
Arizona licensed civil engineer or surveyor.

|. Any person employed by the 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 shall, at the written request of the City, be removed from
the Work by the Contractor or Subcontractor employing this person, and shail not
be employed again in any portion of the Work without the written approval of the
City. The Contractor or Subcontractor shail hold the City harmless from damages or
claims, which may occur in the enforcement of this Article.

J. The 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
cr contractual relationship between the City and any Subcontractor or Sub-
Subcontractor, including but not limited to any third-party beneficiary rights.

K. The Contractor shall 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, the Contractor shall 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.

L. Ona daily basis, the Contractor shall prepare a Contractor's Daily Report. The

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Contract No. 2021-038-COS

City will provide a sample report format to the Contactor. The report shall 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 otherwise arranged, the Daily Reports shall be submitted
on a daily basis to the City’s CPM Inspector or the Project Coordinator. The Daily
Reports shall also be made available to the City’s Representative upon request.
Failure to provide Daily Reports as arranged or requested above may result in the
retention of monthly progress payments until the Reports are brought up to date.

M. In the event of noncompliance with this Article 1.4, the City may require the
Contractor to stop or suspend the construction in whole or in part. Any suspension
due to the 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, the
Contractor must keep the site reasonably free from debris, trash and construction
wastes to permit the 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, the Contractor shall remove all
debris, trash, construction wastes, materials, equipment, machinery and tools
arising from the work to permit the City te occupy the Project or a portion of the
Project for its intended use.

B. Dust Controf. The Contractor shall take whatever steps, procedures or means
required to prevent abnormal dust conditions due to its construction operations tn
connection with this Contract. The dust control measures shail be maintained at all
times during construction of the Project to the satisfaction of the City, in accordance
with the requirements of the Maricopa County Health Department Air Pollution
Contre! Regulations and City of Scottsdale Supplement to M.A.G. Standard
Specifications together with applicable provisions of Federal and State Law.

Cc. Dust Control Coordinator. At any City construction site with greater than 1 acre
of disturbed surface area, subject to a permit issued by a Control Officer requiring
contro! of PM-10 emissions from dust generating operations, the Contractor must
have at ail times at the Site, at least one 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 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 preventionand 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.

D. The requirements described in the above paragraph do not apply if Contractor can
establish to the satisfaction of the Contract Manager that one of the exemptions
under A.R.S. §49-474.05 applies.

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Contract No. 2021-038-COS

E. A Subcontractor who is engaged in dust generating operations at a Site that is
subject to a Dust Control Permit issued by a County Contro! 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.

F. applicable, the Contractor will maintain ADA and ANSI accessibility requirements
during construction activities in an occupied building or facility. ADA and ANSI
accessibility requirements must include, but not be limited to, parking, building
access, entrances, exits, restrooms, areas of refuge, and emergency exit paths of
travel. The Contractor is responsible for the coordination of all work to minimize
disruption to building occupants and facilities. Only materials and equipment used
directly in the work will be brought to and stored on the site by the 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
the Contractor.

G. The Contractor shall supervise and direct the work. The Contractor is solely
responsible for the means, methods, techniques, sequences and procedures of
construction. The Contractor shall employ and maintain on the work a qualified
supervisor or superintendent who has been designated in writing by the Contractor
as the Contractor's representative at the site. The representative must have full
authority to act on behalf of the Contractor and all communications given to the
representative shall be as binding as if given to the Contractor. The representative
must 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.

H. Inthe event of abnormal weather conditions, such as windstorms, rainstorms, etc.,
the Contractor shall immediately inspect the work site and take all necessary
actions to ensure that public access and safety are maintained.

I. Damage to Property at the Site. The Contractor is responsible for any 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.

J. Damage to Property of Others. The Contractor shall avoid damage, as a result of
the Contractor's operations, fo existing sidewalks, curbs, streets, alleys,
pavements, utilities, adjacent property, the work of Separate Contractors and the
property of the City. The Contractor shall repair any damage caused by the
operations of the Contractor.

K. Failure of Contractor to Repair Damage. If the Contractor fails to commence the
repair of damage to property as required in paragraphs (I.) and (J.) above, and
diligently pursue the repair, then the City, after 10 days written notice to the
Contractor (provided the Contractor has not commenced the repair during the 10
day period), may elect to repair the damages with its own forces and to deduct
from payments due or to become due to the Contractor amounts paid or incurred
by the City in correcting the damage.

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Contract No. 2021-038-COS
1.6. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

A. Shop Drawings, Product Data, Samples, O & M Manuals 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 the Contractor
proposes io conform to the information given and the design concept expressed
in the Contract Documents. The 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 shall 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. One hardcopy of O & M
Manuals and two flash drive digital copies shall be provided to the City. Submittals
made by the Contractor, which are not required by the Contract Documents, may
be returned without action.

C. The Contractor shall perform no portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples, O & M Manuals, or similar submittals
until the respective submittal has been approved by the City. All Work shall comply
with approved submittals. The 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, O
& M Manuals and similar submittals, the Contractor represents that the 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. The 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, O & M Manuals or similar submittals unless the 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, The 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 shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples, O & M Manuals or similar submittals, to
revisions other than those requested by the City on previous submiitals.

G. Informational submittals upon which the City is not expected to take responsive
action will 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 shall be entitled to rely upon the
accuracy and completeness of the calculations and certifications.

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Contract No. 2021-038-COS
1.7. QUALITY CONTROL, TESTING AND INSPECTION

A. Inspection. The City’s CPM 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 the Contractor fails to fulfill the requirements of the
specifications, this Contract or the Job Order. The Inspector may direct the
attention of the Contractor to any failure or infringement, but this inspection will not
relieve the Contractor from any obligation to fumish acceptable materials or to
provide completed construction that complies with the Contract or the Job Order in
every way. The Inspector is solely 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. Any inspections
conducted by the City are solely for the benefit of the City and shall not be relied
upon as a waiver of compliance with any of the Contract documents, plans, or
specifications.

B. In case of any dispute arising between the Inspector and the 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 the Contractor or interfere
with the management of the Work by the Contractor.

C. Inspection or supervision by the City’s Representative or Designee will not be
considered as direct contral of the individual workman and his work. The direct
control will be solely the responsibility of the 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 the
Contractor's failure to perform the Work in compliance with the Contract
Documents.

41.8. MATERIALS TESTING

Alt 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 shall 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 otherwise specified, samples and test will be made in
compliance with the following: The City of Scotisdale Minimum Sampling
Frequency Guide, the City of Scottsdale Material Testing Manual, and the standard
methods of AASHTO or ASTM, DSPM and MAG supplements.

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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. The Contractor will cooperate with the selected testing laboratory and all
others responsible for the 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
delivery is started.

—£. 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 the Contractor, unless otherwise
provided in the Job Order.

F. The Contractor's convenience and quality control testing and inspections will be
the sole responsibility of the Contractor and paid by the 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 DOCUMENTIAS BUILTS

A. During the construction period, the Contractor will maintain at the jobsite a set of
blueline or blackline prints of the Construction Document drawings and Shap
Drawings for Project Record Document purposes.

1. The Contractor will mark these drawings to indicate the actual installation
where the installation varies appreciably from the original Construction
Documents. The Contractor shall 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 ta 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.

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Contract No. 2021-038-COS
° Details not on original Contract Drawings.

2. The Contractor shall 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. The Contractor shall mark Project Record Drawings sets with red erasable
colored pencil.

4, The Contractor shall nofe 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
Documents.

5. The Contractor shall 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 shall 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 ali 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 the
Contractor for use in preparing these final Record Documents, or the
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.”

2. A complete set of As-Bullt reproducible mylars from the final AutoCAD
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. If applicable governmental regulations and sound work rules for maintaining a safe
place and environment are not followed, the site environment in which the
Contractor operates may, on occasion, present a potential safety and health
hazard to any who may be on the Job Site. The Occupational Safety and Health
Act (OSHA) and the City of Scottsdale loss contro! procedures are the minimum
standard for safety and environmental protection and shall be fully complied with
at all times. All Work shall be performed in compliance with all applicable federal,
state and local laws, ordinances, statutes, rules and regulations including ADOSH
policies and procedures. The Contractor will 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.

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Contract No. 2021-038-COS

The Contractor shall provide a safe job site and work environment for the safety
and health of employees and members of the general public and comply with all
legal requirements including but not limited to the following:

Occupational Safety and Health Act (OSHA)

Electrical Safe Work Practices Standards

OSHA Personal Protective Equipment Standards

National Fire Protection Association (NFPA) 70E Standard for Electrical
Safety in the Workplace

OSHA Fall Protection Standards

OSHA Confined Space Entry

All other applicable requirements of OSHA and local codes and agencies
having jurisdiction.

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 shall conduct tailgate safety meetings regularly to ensure that safety on
the job is given priority.

D. Contractor shall 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's employees are encouraged to abate or remedy any unsafe act or
condition which may arise in the course of the Contractors 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 shall be notified within 4 hours should any
OSHA inspection occur at a City Job Site.

G. The Contractor recognizes the importance of performing the Work in a safe
manner so as fo prevent damage, injury or toss 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. The Contractor assumes responsibility for implementing and monitoring all safety
precautions and programs related to the performance of the Work.

L The Contractor shall, before commencing construction, designate a Safety
Representative with the necessary qualifications and experience to supervise the
implementation and monitoring of ail safety precautions and programs related to
the Work. Unless otherwise required by the Contract Documents, the Contractor’s

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Contract No. 2021-038-COS

Safety Representative shall be an individual stationed at the Site who may have
responsibilities on the Project in addition to safety.

J. The 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. This information can be compared to Bureau of Labor Statistics
(BLS) rates to determine whether a contractor has below average or above
average accident/injury rates. Bureau of Labor Statistics information may be
obtained through Risk Management. The Safety Representative shall make
routine daily inspections of the Site and will hold weekly safety meetings with the
Contractor's personnel, Subcontractors and others as applicable.

K. The Contractor and Subcontractors shall comply with all Legal Requirements
relating to safety, as well as any City-specific safety requirements contained in the
Contract Documents, provided that the City-specific requirements do not violate
any applicable Legal Requirement.

L. The Contractor shail 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.

M. The 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:

4. Complying with all Legal Requirements, inciuding 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.

N. The Contractor and Subcontractors shall provide Material Safety Data Sheets for
all substances that are delivered to the City of Scottsdale, that come under the
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 shail 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 shall 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
4910.1200 Hazard Communication, the Contractor and Subcontractors are

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Contract No. 2021-038-COS

informed of the presence of (or possible presence of) chemicals in the area where
the Work requested will be performed. Contractor or all selected Subcontractors
shall 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 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.

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. The
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.

O. Upon discovery of hazardous materials, Contractor will comply with all applicable
laws/ordinances and regulations and take all appropriate health and safety
precautions.

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 the Contractor agrees to reimburse the City for the actual cost.

The warranty period on any part of the Work repaired or replaced shail be extended
for a period of 1 year from the date of the repair or replacement.

A. The Contractor's warranty obligation excludes defects caused by abuse,
alterations, or failure to maintain the Work by persons other than the Contractor or
anyone for whose acts the Contractor may be liable.

B. 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 1.14
or the Contract Documents. Contractor shall provide the City with copies of all
manufacturers’ warranties upon Substantial Completion of each Job Order.

4.12. CORRECTION OF DEFECTIVE WORK

A. Contractor agrees to correct any Work that is found to not be in conformancewith
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 the 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

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