Linking Agreement

7 COPY
RESOLUTION NO. 12236
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE. 
MARICOPA COUNTY, ARIZONA APPROVING CONSTRUCTION SERVICES 
JOB ORDER CONTRACT (JOC) NO. 2018-136-COS-A2 WITH SHASTA 
INDUSTRIES, INC. TO AUTHORIZE AN ADDITIONAL ONE (1) YEAR 
EXTENSION TO THE EXISTING CONTRACT
WHEREAS, the City and Shasta Industries, Inc. have previously entered into 
Construction Services Job Order Contract {JOC) No. 2018-136-COS for Citywide Pool 
Construction Services; and
WHEREAS, the City now desires to continue the Job Order Contracts (JOC) for Citywide 
Pool Construction Services; and
WHEREAS, it is necessary to modify the Construction Services Job Order Contract 
(JOC) to authorize the one-year year extension of the existing contract as authorized in Article 
3.1 of the Construction Services contracts.
BE IT RESOLVED by the Council of the City of Scottsdale as follows:
Section 1. The City Council hereby authorizes and directs the Mayor to 
execute Contract Amendment No. 2018-136-COS-A2 with Shasta Industries, Inc. for Citywide 
Pool Construction projects throughout the City as needed for a one-year time extension, in an 
amount not to exceed Five Million Dollars ($5,000,000) for this extension.
j. PASSED AND ADOPTED by the Council of the City of Scottsdale this day of 
2021.
ATTEST:
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
By:.
Ben Lane, City Clerk
"as to FORM;
THE CITY ATTORNEY
'Sherry R. Scott, City Attorney 
By: Eric C. Anderson, Senior Assistant City Attorney
Page 1 of 1
David D. OrteglTMayor
APPR
E
O
1C
Resolution 12236

Contract No. 2018-136-COS-A2
CITY OF SCOTTSDALE
MODIFICATION TO JOB ORDER CONTRACTING SERVICES
THIS CONTRACT MODIFICATION made and entered into this 26“^ day of August 2021, 
between the City of Scottsdale, an Arizona municipal corporation, “the City," and Shasta 
Industries, Inc., an Arizona corporation, “The Contractor", amending the Contract dated 
September 11, 2018 between the City and the Contractor.
RECITALS:
The Mayor of the City of Scottsdale is authorized and empowered by provisions of the 
City Charter to execute Contracts and Contract Modifications: and
Three (3) years of the authorized 5 years under this Contract have been used and the 
City desires to extend by one (1) year, the term of the original Job Order Contract No. 2018- 
136-COS for citywide pool construction services, in accordance with the terms of the original 
contract: and
The City and the Contractor mutually agree to extend and modify the Contract.
IN CONSIDERATION of the mutual promises and obligations of the Contract, the parties 
agree as follows;
1.0 EXTENSION:
In accordance with Article 3.1, CONTRACT TIME, this contract is extended for an 
additional one (1) year period, commencing on the 26th day of August 2021.
2.0 MODIFICATIONS:
2.1 Article 3.1(A). COA/TRAC7 T/ME-AMEND to:
Contract time for this Job Order Contract will commence on or about the 26“’ of 
August 2021 and will be for one (1) year, with the option to extend for one (1) 
additional one-year period, upon satisfactory completion of the construction 
services.
OTHER CONTRACT PROVISIONS:
All provisions of the original Contract not modified above shall remain in full force and 
effect as previously stated.
[END OF CONTRACT-signatures on next page]
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Contract No. 2018-136-COS-A2
T^E CITY OF SCOTTSDALE, by its Mayor and City Clerk have subscribed their names this 
day of 
______ , 2021.
AUTHORIZATION
CONTRACTOR:
SHASTA INDUSTRIES. INC., 
an Arizona corporation
/
By/ M
iME PRINTED: <^a7~ 
TITLE:
RECOMMENDED:
By:
Melanie Gibson, City Contract Administrator
CITY OF SCOTTSDALE, an Arizona 
municipal corporation
David D. Ortega, Mayor
CITY OF SCOTTSDALE REVIEW:
Bv:
Dave Lipinskff^Jity Engineer
Public Works
ATTEST:
By
Ben Lane, City Clerk
eorge Woods, Risk Management
APPROVE^;^ TO FORM: 
OFFier&OF^THE CITY ATTORNEY
Sherry R. Scott, City Attorney
By: Eric C. Anderson, Senior Assistant City Attorney
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M
CITY OF SCOTTSDALE
JOB ORDER CONTRACT
NO. 2018-136-COS

2018-136-COS
TABLE OF CONTENTS
RECITALS..................................................................................................................................... 1
ARTICLE 1 - CONTRACTOR’S SERVICES AND RESPONSIBILITIES.....................................1
ARTICLE 2 - CITY’S SERVICES AND RESPONSIBILITIES.................................................... 18
ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME........................................................ 22
ARTICLE 4- CONTRACT PRICE AND JOB ORDER PRICE....................................................24
ARTICLE 5 - CHANGES TO THE CONTRACT PRICE AND TIME........................................... 25
ARTICLE 6 - PROCEDURE FOR PAYMENT.............................................................................31
ARTICLE 7 - CLAIMS AND DISPUTES..................................................................................... 35
ARTICLE 8 - SUSPENSION, TERMINATION AND CANCELLATION......................................37
ARTICLE 9 - INSURANCE AND BONDS...................................................................................41
ARTICLE 10 - INDEMNIFICATION............................................................................................ 47
ARTICLE 11 - GENERAL PROVISIONS....................................................................................50
ARTICLE 12 - DEFINITIONS...................................................................................................... 62
EXHIBIT A - STATUTORY PERFORMANCE BOND
EXHIBIT B - STATUTORY PAYMENT BOND
EXHIBIT C - CITY OF SCOTTSDALE PUBLISHED BENCHMARKS

2018-136-COS
CITY OF SCOTTSDALE 
CONTRACT NO. 2018-021-COS
THIS CONTRACT, entered into this 11th day of September, 2018, between the City of Scottsdale, 
an Arizona municipal corporation, the “CITY” and Shasta Industries, Inc., an Arizona Corporation, 
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. 
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 
Shasta Industries, Inc. 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 direction and supervision 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 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 the 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 the Contractor from 
the professional liability associated with the documents they have 
prepared.
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3. The Contractor’s Representative will 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. The Contractor’s 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 SAVE 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, the 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 otherwise provided, the 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. 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 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. 
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 all 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.”
1.3. PRE-CONSTRUCTION CONFERENCE
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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 by the City.
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.
C. 
At a minimum, attendees will include the Contractor Representative, who is 
authorized to execute and sign documents on behalf of the firm, the job 
superintendent, and the Contractor’s safety officer.
D. 
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 in accordance with the 
Contractor’s price book.
1.4. CONTROL OF THE WORK
The 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 the 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, the 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, the 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, the 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 the Contractor to complete the Work consistent with 
the Job Order.
C. 
The Contractor will perform all construction activities efficiently and with the
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requisite expertise, skill and competence to satisfy the requirements of the Job 
Order. The 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 the Contractor.
E. 
The Contractor, its designee or the 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 the 
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 the Contractor’s responsibility to 
ensure the Subcontractor employed for the work is approved.
G. 
Before ordering materials or doing work, the 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. 
The Contractor will 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 will be immediately reported to the City.
I. 
The Contractor will establish and maintain all building and construction grades, 
lines, levels, and bench marks, 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 persons 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 will, at the written request of the City, be removed from the 
Work by the 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. 
The Contractor or Subcontractor will hold the City harmless from damages or claims, 
which may occur in the enforcement of this Article.
K. 
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
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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. 
The 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, the 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, the 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 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 will 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 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. The 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, the 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
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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 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.
2. The previously disturbed areas are stabilized 
requirements of any applicable County rules.
in accordance with the
3. The 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, the 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 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.
Waste Products. The 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 the Contractor. The 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
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or unused materials will conform to applicable Federal, State and Local 
Regulations.
F. 
The Contractor will supervise and direct the Work. He will be solely responsible 
for the means, methods, techniques, sequences and procedures of construction. 
The Contractor will employ and maintain on the Job Site a qualified supervisor or 
superintendent who will have been designated in writing by the Contractor as the 
Contractor’s Representative. The Representative will have full authority to act on 
behalf of the Contractor and all communications given to the Representative will 
be as binding as if given to the 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., the Contractor will immediately inspect the Work Site 
and take ail necessary actions to insure public access and safety are maintained.
H. 
Damage to Property at the Site. The 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 the 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. The Contractor will avoid damage, as a result of 
the Contractor’s operations, to existing sidewalks, curbs, streets, alleys, 
pavements, utilities, adjacent property, the work of Separate Contractors and the 
property of the City. The Contractor will repair any damage caused by the 
operations of the 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 the 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 the Contractor, amounts paid or incurred 
by the City in correcting the damage (provided the 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 the Contractor proposes to 
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.
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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 the 
Contractor, which are not required by the Contract Documents, may be returned 
without action.
C. 
The 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. 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 
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 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. 
The 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 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
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relieve the 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.
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 control 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.
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 otherwise 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 the 
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 the Contractor.
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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.
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 the Contractor, unless othenA/ise 
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 DOCUMENT/AS 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 Shop 
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 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. 
The 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.
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3. 
The Contractor will mark Project Record Drawings sets with red erasable 
colored pencil.
4. 
The 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 
Documents.
5. 
The Contractor will 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, 
the 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 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-Built 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 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. 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.
The Contractor will 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
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B.
D.
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.
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.
The Contractor will conduct tailgate safety meetings regularly to ensure that safety 
on the job is given priority.
The 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 
the Contractor’s Work under this Contract.
E. 
The Contractor employees are encouraged to abate or remedy any unsafe act or 
condition, which may arise in the course of the 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. 
The 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. 
The Contractor assumes responsibility for implementing and monitoring all safety 
precautions and programs related to the performance of the Work.
I. 
The 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 othenA/ise required by the Contract Documents, the Contractor’s 
Safety Representative will 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
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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 will make routine 
daily inspections of the Site and will hold weekly safety meetings with the 
Contractor’s personnel. Subcontractors and others as applicable.
The Contractor and Subcontractors will 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.
The 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 orquasi-governmental 
authorities having jurisdiction over safety-related matters involving the Project or 
the Work.
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:
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.
The 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 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 will use only the safest chemicals, with the least harmful ingredients. 
These chemicals will be approved for use by a City of Scottsdale representative 
before bringing them on the property.
The Contractor and all Subcontractors will 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, the Contractor and Subcontractors are 
informed of the presence of (or possible presence of) chemicals in the area where
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the Work requested will be performed. It is the responsibility of the 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 the Contractor encounters onsite material which he 
reasonably believes to contain asbestos, polychlorinated biphenyl (PCB), or other 
hazardous substances or materials regulated by Public Health Laws, he 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, the 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 the 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 the 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 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 the Contractor’s control.
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. 
The 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. The Contractor will provide the City with all 
manufacturers’ warranties upon Substantial Completion of each Job Order.
1.12. CORRECTION OF DEFECTIVE WORK
A. The 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
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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 
with the Contract Documents.
During the Work, the Contractor will 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 the 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 the Contractor 
with written notice that the City will commence correction of any nonconforming 
Work with its own forces.
The Contractor will 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 the 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 the 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, the Contractor will be responsible for 
all reasonable costs incurred by the City in performing the correction.
C. 
The Contractor will 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 the 
Contractor’s other obligations under the Contract Documents.
1.13. SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
A. Selection by qualifications only - The City may approve the selection of a 
Subcontractor(s) or Supplier(s) based only on their qualifications when the 
Contractor can demonstrate it is in the best interest of the Project.
1. 
The 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 the Contractor’s own selection plan approved by the 
City or the City’s selection plan as provided in this Article 1.13(B).
2. 
The Contractor will negotiate costs for services/supplies from the 
Subcontractor(s)/Supplier(s) under the approved qualifications only
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method.
City Selection Plan:
3. The Contractor shall 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
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.
7.
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.
Statements of Qualifications will not be opened publicly, but will be opened 
in the presence of the Contractor. The contents of unpriced statements of 
qualifications will not be disclosed to unauthorized persons.
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 will be in writing, state the basis of the 
determination and be retained by the Contractor. The Contractor will notify 
the bidder of the determination and the bidder will not be given an 
opportunity to amend its statement of qualifications further.
The Contractor may conduct discussions with any bidder who submits an 
acceptable or potentially acceptable statement of qualifications. During 
discussions, the Contractor will not disclose any information derived from 
any other bidder’s statement of qualifications.
The Contractor will negotiate costs for services/supplies from the
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Subcontractor(s)/Supplier(s) selected under this method.
B. 
Selection by qualifications and competitive bid - The Contractor will apply the 
City’s Subcontractor selection plan stated above in the 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. 
The Contractor may elect to comply with the following procedures in step 2 of its 
competitive bid process.
1. 
The 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 
or there are extenuating circumstances, the 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, the Contractor will nominate a substitute 
Subcontractor/Supplier that is acceptable to the City.
3. 
The Contractor will distribute Drawings and Specifications, and when 
appropriate, conduct a prebid conference with prospective Subcontractors 
and Suppliers. The 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 the 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. The 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 insure compliance with the Project Schedule 
or cost, the Contractor may self-perform Work without bidding or re-bidding 
the Work. (For horizontal construction, as defined in A.R.S. § 34-101(15), 
the Contractor must self perform not less than 45% (or such greater 
percentage as may be specified in the RFQ) of the Work as required by 
A.R.S. § 34-603(0(3).)
C. 
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, the 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, the 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 the Contractor of
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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 
DUTY TO COOPERATE
The City will, throughout the performance of the Contract Services, cooperate with the 
Contractor and perform its responsibilities, obligations and services in a timely manner to 
facilitate the Contractor’s timely and efficient performance of the Contract Services and so 
as not to delay or interfere with the Contractor’s performance of its obligations under the 
Contract Documents.
2.2 
INFORMATION AND SERVICES
A. The City will furnish the Contractor the following information or services for this
Project:
1. 
One copy of data pertinent to the Work. However, the 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.
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.
2.3 
CITY’S REPRESENTATIVE
A. 
The City’s Representative will be responsible for providing City-supplied 
information and approvals in a timely manner to permit the Contractor to fulfill its 
obligations under the Contract Documents.
B. 
The City’s Representative will also provide the Contractor with prompt notice if it 
observes any failure on the part of the Contractor to fulfill its contractual 
obligations, including any default or defect in the Project or non-conformance with 
the drawings and specifications.
2.4 
DESIGN PROFESSIONAL SERVICES
A. The City may contract separately with one or more Design Professionals to provide
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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 will provide administration of the Work. The City 
and the 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 will 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 the Contractor’s submittals, the Design Professional will 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 the 
Contractor are the property of the City, and are owned in whole by the City 
for any and all future use and considerations.
2.5 
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 the 
Contractor in order to enable the Contractor to timely complete the Work consistent with 
the Contract Documents. The 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.
2.6 
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 the Contractor.
4. Obtaining Nationwide 404 Permits.
5. City Development Fees.
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B. Unless expressly stated to the contrary in the Contract Documents, the City will 
provide, at its own cost and expense, for the 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 the 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.
The City is responsible for securing and executing all necessary Contracts with 
adjacent land or property owners that are necessary to enable the Contractor to 
perform the construction. The City is further responsible for all costs, including 
attorneys’ fees, incurred in securing these necessary Contracts.
2.7 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 the Contractor. The 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.
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C. 
The Technical Consultant may provide preprogramming and design standards.
D. 
The City may contract with the Technical Consultant to provide some or all of the 
following services during the performance of the construction:
1. Oversight of the Construction. The City may hire Technical Consultants to 
assist it in oversight of the Construction Project. The Technical Consultants 
will;
a. 
Conduct Site visits at intervals appropriate to the stage of 
construction to become generally familiar with the progress and 
quality of the completed construction and to determine in general if 
the construction is being performed in accordance with the 
Construction Documents. The Technical Consultant will keep the 
City informed of progress of the construction, and will endeavor to 
guard the City against defects and deficiencies in the construction. 
The Technical Consultant may have authority to reject construction 
which does not conform to the Construction Documents and to 
require additional inspection or testing of the construction in 
accordance with Articles 1.7 and 1.8;
b. 
Review and recommend approval of the Contractor’s Payment 
Requests;
c. 
Interpret matters concerning performance under and requirements 
of the Contract Documents on written request of the City. The 
Technical Consultant's response to any requests will be made with 
reasonable promptness and within any time limits agreed upon;
d. 
Analyze, recommend and assist in negotiations of Change Orders;
e. 
Conduct inspections to determine Substantial Completion and Final 
Acceptance.
f. 
Receive and forward to the City for the City's review and records 
written warranties and related documents required by the Contract 
Documents and assembled by the Contractor.
2.8 
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.
2.9 
UTILITY COMPANY COORDINATION
The 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.
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ARTICLE 3 - CONTRACT TIME AND JOB ORDER TIME
3.1 
CONTRACT TIME
A. 
Contract Time for this Job Order Contract will commence on or about the 11th day 
of September, 2018, and will be for two year(s) with the option to extend for three 
additional years in one year increments.
1. 
The option to extend may be exercised based on the 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 City Engineer or designee.
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. 
The 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), the Contractor will inspect 
the Work and prepare and submit to the City a comprehensive list of items to be 
completed or corrected. The 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 the Contractor to complete all Work in accordance with the 
Contract Documents.
C. 
The 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 the Contractor’s notice, the City and the 
Contractor will jointly inspect the Work to verify that it is substantially complete in 
accordance with the requirements of the Contract Documents.
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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 the 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 
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. 
The 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 the Contractor agree that the City’s use or occupancy will not 
interfere with the Contractor’s completion of the remaining Work.
3.4 PUNCH LIST PREPARATION
A minimum of 7 days before Substantial Completion the Contractor, in conjunction with 
the City, will prepare a comprehensive list of Punch List items, which the City may edit 
and supplement. The 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 
the 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, the 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 the 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. The 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
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B.
difficulty in determining and accurately specifying the damages. The Contractor 
agrees that if Substantial Completion is not attained within the Job Order Time as 
adjusted, the 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.
The following will be the liquidated damages for each Job Order unless a specific 
amount has been determined for each individual Job Order.
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
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 $5,000,000.00 for the initial term. 
Renewal term years will have a maximum contract amount of $5,000,000.00. The 
Contractor agrees at his 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 $1,500,000.00. 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. 
The Contractor will be responsible for payment of all State of Arizona and City of 
Scottsdale transaction privilege (sales) taxes due on construction income, whether 
or not these taxes are specifically separated in the bid amount.
D. 
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.
E. 
The Contractor must secure and maintain, during the life of the Contract, State of 
Arizona and City of Scottsdale Transaction Privilege (sales) Tax Licenses.
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To obtain a State of Arizona Privilege (Sales) Tax License Application, please go 
to the following website:
http://www.revenue.state.az.us/ADOR Forms/70-79/74-4002 fillable.pdf
To obtain a City of Scottsdale Transaction (Sales) Tax License Application, please 
go to the following website:
http://www.scottsdaleaz.qov/taxes/salestax.asp
The 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. The Contractor is responsible for payment of all applicable State of Arizona and 
City of Scottsdale transaction privilege (sales) taxes due on construction income 
whether 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. The 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:
B.
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.
Any Contingencies and Allowances as agreed upon between the City and the 
Contractor will be stated in Exhibit A, attached and by reference made a part of 
this Contract.
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 the Contractor is delayed in the performance of the Work due to acts, omissions.
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conditions, events, or circumstances beyond its control and due to no fault of its 
own or those for whom the Contractor is responsible, the Contract Times for 
performance may be reasonably extended by Job Order Adjustment.
C. 
The Contractor will 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. 
By way of example and subject to the Force Majeure provisions of Article 11.8, 
events that may entitle the JOC to an extension of the Contract Time include acts 
or omissions of the City or anyone under the City’s control (including separate 
contractors). Acts of God or public enemy changes in the Work, Differing Site 
Conditions, Hazardous Conditions, unusual delay in transportation, and excessive 
inclement weather conditions not reasonably anticipated, war or other national 
emergency making performance temporarily impossible or illegal, or strikes or 
labor disputes not brought about by any act or omission of the JOC.
F. 
If adverse weather conditions are the basis for a request for additional Job Order 
Time, the requests will 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.
G. 
It is understood, however, that permitting the 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.
H. 
In the event that the Contractor sustains damages as a result of expenses incurred 
by a delay for which the City is responsible, the 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.
I. 
In addition to the Contractor’s right to a time extension for those events stated in 
this Article 5.1, the 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 the 
Contractor and the City, including the events of war, acts of terrorism, floods, labor 
disputes (but not including the Contractor’s own work force and those of its
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subcontractors), earthquakes, epidemics, excessive inclement weather conditions 
not reasonably anticipated.
5.2 
DIFFERING SITE CONDITIONS
5.2.1. If the Contractor encounters a Differing Site Condition(s), the Contractor may be 
entitled to an adjustment in the Contract Price or Contract Time(s) to the extent 
the 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, the Contractor will 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. The 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 the 
Contractor to give written notice and make the Claim as required by this Article 
and Article 7.1.5 shall constitute a waiver by the 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.
5.3 
APPLICATION FOR EXTENSION OF TIME
5.3.1 
If performance by the Contractor is delayed for a reason set forth in Article 5, the 
Contractor may be allowed a reasonable extension of time in conformance with 
this Article. Before the Contractor’s time extension request may be considered, 
the 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;
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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 the Contractor waives all claims except for those 
delineated in the application, and the particulars of any claims which the 
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 the 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
A. 
If the Contractor observes errors, discrepancies or omissions in the Contract 
Documents, it will promptly notify the City and request clarification. The Contractor 
will provide a copy of this notice to the City’s Representative.
B. 
If the 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 the Contractor before clarification by the 
Design Professional will be at the 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.
B. 
These alterations and changes will not invalidate this Contract nor release the 
surety and the Contractor agrees to perform the Work as altered, the same as if it 
had been a part of the original Contract Documents. The 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 the Contractor, and an 
adjustment in the Contract Price or Contract Times will be made based on a mutual 
agreed upon cost and time.
5.6 
LEGAL REQUIREMENTS
The Job Order Price or Job Order Times will be adjusted to compensate the 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
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Procedures, the City and the 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 the Contractor, subject to the 
provisions of Article 5.8.
C. 
The execution of a Job Order Adjustment by the Contractor shall constitute 
conclusive evidence of the Contractor’s agreement to the ordered changes in work, 
this Contract as thus amended, the Contract Price, and the time for performance 
by the Contractor. The 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 the 
Contractor knew or should have known.
5.8 UNILATERAL DETERMINATION OF CHANGE ORDER VALUE
If no mutual agreement occurs between the City and the 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. The Contractor shall promptly submit such documentation and other 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 the 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 the Contractor, for any work performed by the Contractor’s own forces,
fifteen (15%) percent of the Subtotal of Costs to the Contractor.
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2. 
For the Contractor, for any work performed by his 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 his Sub-Subcontractor(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 the Contractor.
6. 
Contractor’s Overhead and Profit.
7. 
Total Cost or Credit to the City.
5.11 FIELD ORDERS
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 the Contractor. The 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. 
The Contractor may make minor changes in the Work, provided, however that the 
Contractor will promptly inform the City, in writing, of any changes and record the 
changes, if appropriate, on the Project Record Documents maintained by the 
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:
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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. The 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 the 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 the Contractor disagree upon whether the 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 the Contractor will resolve the 
disagreements in accordance with Article 7.
1. 
As part of the negotiation process, the 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.
2. 
If the parties are unable to agree and the City expects the Contractor to 
perform the services in accordance with the City's interpretations, the 
Contractor will proceed to perform the disputed services, conditioned upon 
the City issuing a written order to the Contractor:
(a) 
directing the 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, the 
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, the Contractor will
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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 the Contractor 
throughout the Work.
B. 
At least 5 working days before the date established for a progress payment, the 
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 the 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 
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 the Contractor all amounts properly due. If the City determines 
that the Contractor is not entitled to all or part of a Contractor Payment Request, it 
will notify the Contractor in writing within 7 days after the date the 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 the Contractor must take to rectify the
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City’s concerns. The Contractor and the City will attempt to resolve the City’s 
concerns. If the parties cannot resolve the concerns, the Contractor may pursue 
its rights under the Contract Documents, including those under Article 7.
6.4 
RETENTION ON JOB ORDER PAYMENTS
Payment and retention will be made as set forth in Arizona Revised Statutes §34-609,.
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 the 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, the 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 the Contractor waiving, upon receipt of final 
payment by the 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. 
The Contractor will pay its Subcontractors or suppliers within 7 calendar days of 
receipt of each progress payment from the City. The Contractor will pay for the 
amount of Work performed or materials supplied by each Subcontractor or supplier 
as accepted and approved by the City with each progress payment. No Contract 
between the 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 the Contractor fails to make payments in accordance with these provisions, the 
City may take any one or more of the following actions and the Contractor agrees 
that the City may take these actions:
1. 
To hold the 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 the Contractor for 
a period not to exceed 1-year from the Substantial Completion date of this 
Project; or
4. 
Terminate this Contract.
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E.
If the Contractor’s payment to a Subcontractor or supplier is in dispute, the 
Contractor and Subcontractor or supplier agree to submit the dispute to any one 
of the following dispute resolution processes within 14 calendar days from the date 
any party gives notice to the other:
1. 
Binding arbitration;
2. 
A form of alternative dispute resolution (ADR) agreeable to all parties; or
3. 
A City of Scottsdale facilitated mediation.
When a disputed claim is resolved through ADR or otherwise, the Contractor and 
Subcontractor or supplier agrees to implement the resolution within 7 calendar 
days after the resolution date.
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.
The 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 the Contractor's direct personnel payroll, reimbursable expenses 
related to each Job Order and records of accounts between the City and the 
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 the Contractor, the City, its authorized 
representative, or the appropriate federal or state agencies, reserve the right to 
audit the 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 the 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 the Contractor’s records, the audit discloses the 
Contractor has provided false, misleading, or inaccurate cost and pricing data.
C. 
The 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’
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F.
records to verify the accuracy of cost and pricing data.
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.
If an audit in accordance with this Article, discloses overcharges of any nature by 
the 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 the Contractor. Any 
adjustments or payments which must be made as a result of any audit or inspection 
of the 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.
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 the 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 
PRECEDING PROVISIONS SHALL BE CONSIDERED TO HAVE BEEN WAIVED 
AND SHALL BE DISMISSED.
7.1.5 
In the event the 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, the Contractor shall strictly comply with the 
requirements of this section and such claim shall be made by the Contractor before 
proceeding to execute any work for which a claim is made. Failure to comply with
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this condition precedent shall constitute a waiver by the Contractor of any claims 
for compensation.
7.1.6 
The Contractor must continue its performance under this contract regardless of the 
existence of any claims by the Contractor.
7.1.7 
In a claim by the Contractor against the City for compensation in excess of the 
Contract sum, any liability of the City to the 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 the 
Contractor or any estimated costs or damages.
7.2 DISPUTE AVOIDANCE AND RESOLUTION
A. 
The parties are fully committed to working with each other throughout the Project 
and agree to communicate regularly with each other at all times so as to avoid or 
minimize disputes or disagreements. If disputes or disagreements do arise, the 
Contractor and the City each commit to resolving the disputes or disagreements in 
an amicable, professional and expeditious manner so as to avoid unnecessary 
losses, delays and disruptions to the Work.
B. 
The Contractor and the City will first attempt to resolve disputes or disagreements 
at the field level through discussions between the Contractor’s Representative and 
the City’s Representative.
C. 
If a dispute or disagreement cannot be resolved through the Contractor’s 
Representative and the City’s Representative, the Contractor’s Senior 
Representative and the City’s Senior Representative, upon the request of either 
party, will meet as soon as conveniently possible, but in no case later than 30 days 
after the request is made, to attempt to resolve the dispute or disagreement. 
Before any meetings between the Senior Representatives, the parties will 
exchange relevant information that will assist the parties in resolving their dispute 
or disagreement.
D. 
The City and the Contractor agree to negotiate in good faith in accordance with 
this Contract’s procedure for the recovery of damages related to expenses incurred 
by the Contractor for a delay for which the City is responsible, that is unreasonable 
under the circumstances, and that was not within the contemplation of the parties 
to the Contract.
7.3 DUTY TO CONTINUE PERFORMANCE
Unless provided to the contrary in the Contract Documents, the Contractor will continue
to perform the Work and the City will continue to satisfy its payment obligations to the
Contractor, until final resolution of any dispute or disagreement between the Contractor
and the City.
7.4 REPRESENTATIVES OF THE PARTIES
A. City’s Representatives
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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):
Dave Lipinksi 
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. 
The Contractor designates the individual listed below as the Contractor’s 
Senior Representative. This individual has the authority and responsibility 
for avoiding and resolving disputes under Article 7.2(C):
Name: Curt Lonsdale, Division Manager
Address: 
Shasta Industries, Inc.
P.O. Box 28248 
Scottsdale, AZ 85255
Telephone No: (480)776-0155
2. 
The Contractor will designate an individual for each Job Order as the 
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 the Contractor in writing to 
stop and suspend any Job Order. Immediately after receiving this notice, the 
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. The 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 the 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 the Contractor.
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B.
1. 
The 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.
The Contractor will receive compensation for services performed to the 
date of the termination as stated in Article 8.2. The fee will be paid in 
accordance with Article 6.5(B) of this Contract, and will be an amount 
mutually agreed upon by the Contractor and the City. If there is no mutual 
agreement, the final determination will be made in accordance with Article 
7.
2. 
The Contractor will not be entitled to anticipated profit or anticipated 
overhead, but is entitled to recover apportioned profit and overhead 
proportional to the amount of the Work completed. In no event will the fee 
exceed that stated in Article 8.2(D) of this Contract or as amended.
3. 
The City will make the final payment within 60 days after the 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.
Upon termination of construction services during any Job Order, the Contractor will 
proceed with the following obligations:
1. 
Stop Work as stated in the notice;
2. 
Place no further subcontracts or orders;
3. 
Terminate all subcontracts to the extent they relate to the Work terminated;
4. 
Assign to the City all right, title and interest of the 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 the 
Contractor and which the City has or may acquire an interest.
6. 
Comply with the requirements of Article 6.5(B)(1) and (2).
C. 
The 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 the Contractor the following:
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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. 
The Contractor will be entitled to profit and overhead on completed Work 
only, but will not be entitled to anticipated profit or anticipated overhead. If it 
appears the Contractor would have sustained a loss on the entire Work had 
the Job Order been completed, the Contractor will not be allowed profit and 
the City will reduce the settlement to reflect the indicated rate of loss;
4. 
The 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 the 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 the Contractor, or if the 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 the Contractor 
for any amount, and the 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
A. If the 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.
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In the event the City cancels this Contract or any part of the services under any 
Job Order, the City will notify the Contractor in writing, and immediately upon 
receiving this notice, the 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 the 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 the 
Contractor fails to comply in a time frame specified, the City may have the Work 
accomplished by other sources at the Contractor’s expense.
C. 
Upon the occurrence of an event stated in Article 8.3(B), the City may provide 
written notice to the Contractor that it intends to cancel the Contract unless the 
problem cited is cured, or commenced to be cured, within 7 days of the 
Contractor’s receipt of notice.
1. 
If the Contractor fails to cure, or reasonably commence to cure, the 
problem, then the City may give a second written notice to the Contractor 
of its intent to cancel within an additional 7 day period.
2. 
If the 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 the 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 the Contractor now transfers, assigns and 
sets over to the City for this purpose, and to employ any person or persons to 
complete the Work and provide all of the required labor, services, materials, 
equipment and other items.
E. 
If through any cause, the Contractor fails to fulfill in a timely and proper manner its 
obligations under this Contract, or if the Contractor violates any of the covenants. 
Contracts, or stipulations of this Contract, the City may withhold any payments to 
the Contractor for the purpose of setoff until the exact amount of damages due the 
City from the Contractor is determined by a court of competent jurisdiction.
F. 
In the event of a cancellation, the 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, the 
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 the Contractor will be obligated to pay the difference to 
the City. These costs and expense will include not only the cost of completing the
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H.
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 the Contractor’s default.
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, the 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. 
The 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 the Contractor, his 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 the Contractor from liabilities that might arise out of the 
performance of the Contract Services under this Contract by the Contractor, his 
agents, representatives, employees. Subcontractors or Subconsultants and the 
Contractor is free to purchase any additional insurance as may be determined 
necessary. The City will not pay for higher limits, but if the Contractor pays for 
insurance with higher limits, the 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
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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
The Contractor must provide coverage with limits of liability not less than those stated 
below.
B.
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
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Combined Single Limit Per Accident 
For Bodily Injury and Property Damage
Workers Compensation and Employers Liability
Workers Compensation
Employers Liability:
Each Accident
Disease - Each Employee 
Disease - Policy Limit
Coverage Terms and Required Endorsements
$1,000,000
Statutory
$500,000
$500,000
$1,000,000
1. 
The City of Scottsdale, its officers, officials, agents, and employees are 
additional insureds with respect to liability arising out of activities performed 
by, or on behalf of, the Contractor including the City's general supervision 
of the Contractor; products and completed operations of the Contractor; 
and automobiles owned, leased, hired, or borrowed by the Contractor.
2. 
The City, its officers, officials, agents, and employees must be additional 
insureds to the full limits of liability purchased by the Contractor even if 
those limits of liability are in excess of those required by this Contract.
3. 
The 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 the 
Contractor and must not contribute to it.
4. 
The 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
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of the insurer's liability.
5. 
Coverage provided by the 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 the 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 the Contractor for the City.
8. 
If the 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.
The 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, 
the 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. The 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, the 
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. The 
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 the 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
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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.
The 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.
The Contractor will be responsible for any and all deductibles under these policies 
and the Contractor waives all rights of recovery and subrogation against the City 
under the 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: The Contractor must carry Contractors 
Professional Liability insurance to cover the residual, contingent, and passive 
design exposures of the 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 the Contractor, including the City’s 
general supervision of the Contractor; products and completed operations 
of the Contractor.
2. 
The City, its officers, officials, agents, and employees must be additional 
insureds to the full limits of liability purchased by the 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: The 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. 
The 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.
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1. 
The 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 the Contractor’s insurance and will not 
contribute to it.
2. 
The 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 the 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. The 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. The 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 the Contractor’s Subconsultants and Subcontractors can provide the same level of 
coverage as detailed in Article 9.2 and name the City and the Contractor as Additional 
Insureds, the Contractor’s certificates must include all Subcontractors and Subconsultants 
as insureds under its policies or the 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.
9.5 
NOTICE OF CANCELLATION
If the 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
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Scottsdale, Arizona 85251
Curt Lonsdale, Division Manager 
Shasta Industries, Inc.
P.O. Box 28248 
Scottsdale, AZ 85255
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 the 
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. 
The 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 
required by this Contract, at any time. Failure to provide a Certificate of Insurance 
with the appropriate verbiage will result in rejection of the 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 not 
require a formal Contract Modification, but may be made by administrative action.
9.9 BONDS AND OTHER PERFORMANCE SECURITY
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A. 
Before execution of each individual Job Order, the 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 the 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.
E.
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, the Contractor must promptly furnish a copy of the 
bonds or must permit a copy to be made.
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.
ARTICLE 10 - INDEMNIFICATION
10.1 CONTRACTOR’S GENERAL INDEMNIFICATION
Contractor’s General Indemnification. To the fullest extent permitted by law, the 
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 all 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 the
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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 the 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 the 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 all instances, except for Claims arising solely 
from the negligent or willful acts or omissions of the City, be indemnified by the Contractor 
from and against any and all claims. It is agreed that the Contractor will be responsible 
for primary investigation, defense, and judgment costs where this indemnification is 
applicable. In consideration of the award of this Contract, the 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 will not 
be construed in any way to limit the scope and magnitude and applicability of the insurance 
provisions.
10.2 INTELLECTUAL PROPERTY
A. The Contractor must pay all 
performance of services.
royalties and license fees associated with its
B. 
The 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 the Contractor of any action or proceeding and will reasonably provide authority, 
information and assistance in the defense of the action. The Contractor will 
indemnify and hold harmless the City from and against all damages, expenses, 
losses, royalties, profits and costs, including but not limited to attorneys’ fees and 
expenses awarded against the City or the Contractor in any action or proceeding. 
The Contractor agrees to keep the City informed of all developments in the defense 
of 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, the 
Contractor will at its sole expense take reasonable steps to procure the right to 
operate or use the Work. If the Contractor cannot procure this right within a 
reasonable time, the Contractor will promptly, at the Contractor’s option and at the 
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:
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1. 
Relating solely to a particular process or product of a particular 
manufacturer specified by the City and not offered or recommended by the 
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
11.0 
MARSHALING AREA
The 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. The 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.
11.1 
CONTRACT DOCUMENTS
A. 
Contract Documents are as defined in Article 12.
B. 
The Contract Documents form the entire Contract between the City and the 
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.
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
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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 the Contractor. In the event these 
documents are altered, modified or adapted without the written consent of 
the Contractor or the Subconsultants, which consent the Contractor or the 
Subconsultants will not unreasonably withhold, the City agrees to hold the 
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 the Contractor, its 
Subconsultants or personnel, during the course of performing this Contract 
or arising out of the Project will belong to the Contractor.
11.2 
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.
11.3 
TIME IS OF THE ESSENCE
The City and Contractor mutually agree that time is of the essence with respect to the 
dates and times stated in the Contract Documents.
11.4 
MUTUAL OBLIGATIONS
The City and Contractor commit at all times to cooperate fully with each other, and proceed 
on the basis of trust and good faith, to permit each party to realize the benefits afforded 
under the Contract Documents.
11.5 
COOPERATION AND FURTHER DOCUMENTATION
The 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.
11.6 
ASSIGNMENT
Neither the 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
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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 the Contractor at least 30 days before the end of its 
current fiscal period and will pay the Contractor for all approved charges incurred through 
the end of the period.
11.9 CONSTRUCTION METHODS
If the City provides the 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 the Contractor fails to comply in the time frame 
specified, the City may have Work accomplished by other sources at the Contractor’s 
expense.
11.10 
UTILITY RELOCATIONS FOR CONSTRUCTION METHODS
If any utility is relocated or rebuilt to accommodate the Contractor’s construction methods 
and available equipment, the expense will be borne by the 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 the Contractor’s sole expense.
11.11 
DAMAGED UTILITIES DURING CONSTRUCTION
Any utilities damaged during construction will be replaced at the Contractor’s expense as 
per the requirements of the M.A.G. Standard Specifications.
11.12 
SUCCESSORSHIP
The 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.
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 the 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 the Contractor and not for the benefit of any 
other party.
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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 will be brought in the 
Superior Court, Maricopa County, Arizona. Such action must be filed, tried and remain in 
this Court for any and all proceedings. For this purpose, each party expressly and 
irrevocably consents to the jurisdiction and venue of this Court, and Contractor hereby 
waives its right to have such action removed to Federal District Court.
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 the 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
The Contractor will 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
The 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 the Contractor as to the 
details of accomplishing the Work or to exercise a measure of control over the Work 
means that the Contractor will follow the wishes of the City as to the results of the Work 
only. These results will comply with all applicable laws and ordinances.
11.19 
CITY'S RIGHT OF CANCELLATION
All parties to this Contract acknowledge that this Contract is subject to cancellation by the 
City of Scottsdale in accordance with the provisions of Section 38-511, Arizona Revised 
Statutes.
11.20 
SURVIVAL
All warranties, representations and indemnifications by the Contractor will survive the 
completion or termination of this Contract.
11.21 
COVENANT AGAINST CONTINGENT FEES
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The 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 COOPERATIVE USE OF CONTRACT
In addition to the City of Scottsdale, this Contract may be extended for use by other 
municipalities, government agencies, and governing bodies, including the Arizona Board 
of Regents, and political subdivisions of this State. Any such usage by other entities must 
be in accord with the ordinances, charter, and/or rules and regulations of the respective 
entity and the approval of the Contractor.
11.25 
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:
Dave Lipinski
City Engineer
7447 E. Indian School Road, Suite 205
Scottsdale, Arizona 85251
To JOC Contractor:
Curt Lonsdale, Division Manager
Shasta Industries, Inc.
P.O. Box 28248
Scottsdale, AZ 85255
11.26 EQUAL EMPLOYMENT OPPORTUNITY
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During the performance of this Contract the Contractor will comply with all provisions of 
Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant 
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. The 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.
11.26.1 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.
11.27 ADDITIONAL CITY RIGHTS REGARDING SECURITY INQUIRIES
In addition to the foregoing, the City reserves the right to: (1) have an 
employee/prospective employee of the 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 the Contractor's employees 
or prospective employees; and, (4) object, at any time and for any reason, to an employee 
of the Contractor performing Work (including supervision and oversight) under this 
Contract.
A. 
Provisions Applicable to all Contractor Contracts and Subcontracts. The 
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 the 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 the Contractor to liability for its 
breach of contract.
11.28 HAZARDOUS MATERIALS
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A. 
Hazardous Materials. Upon discovery of hazardous materials the Contractor will 
comply with all applicable laws/ordinances and regulations and take all appropriate 
health and safety precautions.
B. 
Unless included in the Work, if the Contractor encounters onsite, or as material to 
be incorporated in the Work, any material which he reasonably believes to contain 
asbestos, polychlorinated biphenyl (PCB), or other hazardous substances or 
materials regulated by public health laws, he 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, the 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.
D. 
An extension of Contract Time may be granted in accordance with Article 5.
E. 
The 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 the Contractor, Subcontractors or 
anyone for whose acts they may be liable. The 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 the Contractor, Subcontractors or anyone for 
whose acts they may be liable.
11.29 TRAFFIC CONTROL
B.
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.
Adequate barricades and lighted warning signs must be installed and maintained 
by the Job Order Contactor throughout the duration of the Project. All traffic control 
must be in accordance with the City of Scottsdale Traffic Control Manual or as 
required by the approved barricade plan unless otherwise specified in the Special 
Provisions.
The 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).
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D. The Contractor will comply with all provisions of the City of Scottsdale Traffic 
Barricade Manual and any other traffic control provisions as may be provided in 
the technical specifications or in the approved barricade plan.
11.30 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 
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. The 
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. The 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.
11.31 FAMILIARIZATION WITH APPLICABLE LAWS
The 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.
11.32 NATIVE PLANTS
The 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
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upon the Schedule of Bid Items.
11.33 ENDANGERED HARDWOODS
Projects performed pursuant to this Contract shall not use endangered wood species as
set forth in A.R.S. § 34-201 (J) unless an exemption is granted by the Director of the State
of Arizona, Department of Administration.
11.34 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 the 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 the 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. 
The 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. The 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.
11.35 COMPLIANCE WITH FEDERAL LAWS
The Contractor understands and acknowledges the applicability to it of the American with
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Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free 
Workplace Act of 1989. The Contractor agrees to comply with these laws in performing 
this Contract and to permit the City to verify compliance. The Contractor will also comply 
with A.R.S. §34-301, “Employment of Aliens on Public Works Prohibited," and A.R.S. §34- 
302, “Residence Requirements for Employees,” as amended. The Contractor will include 
the terms of this provision in all contracts and subcontracts for Work performed under this 
Contract, including supervision and oversight.
Under the provisions of A.R.S. §41 -4401, the Contractor warrants to the City that the 
Contractor and all its Subcontractors will comply with all Federal Immigration laws 
and regulations that relate to their employees and that the 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 the Contractor or any of its Subcontractors will be considered 
a material breach of this Contract and may subject the 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 the Contractor or 
any Subcontractor who works on this Contract to ensure that the Contractor or any 
Subcontractor is complying with the warranty given above.
The City may conduct random verification of the employment records of the Contractor 
and any of its Subcontractors to ensure compliance with this warranty. The 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 the Contractor or any of its Subcontractors in material breach of 
this Contract if the 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 the 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. The 
Contractor will take appropriate steps to assure that all Subcontractors comply with the 
requirements of the E-Verify Program. The 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
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disabled persons in the provision of services, benefits or activities provided under 
this Agreement 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.
11.36 DATA CONFIDENTIALITY
A. 
As used in this Contract, data means all information, whether written or verbal, 
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 the 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 the Contractor in connection with the 
Contractor’s performance of this Contract is confidential and proprietary 
information belonging to the City.
C. 
The Contractor will not divulge data to any third party without first obtaining the 
written consent of the City. The 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 the Contractor has first given the 
required notice to the City;
1. 
Data, which was known to the 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 the Contractor in its performance under this 
Contract and which was disclosed to the Contractor by a third party, who 
to the best of the Contractor’s knowledge and belief, had the legal right to 
make disclosures and the Contractor is not otherwise 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 the Contractor is subject.
D. 
In the event the Contractor is required or requested to disclose data to a third party, 
or any other information to which the Contractor became privy as a result of any 
other contract with the City, the Contractor will first notify the City as required in 
this Article of the request or demand for the data. The 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, the 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.
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F. The 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 the 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.
11.37 CONFLICT OF INTEREST
A. 
To evaluate and avoid potential conflicts of interest, the Contractor will provide 
written notice to the City, as stated in this Article, of any work or services performed 
by the 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 the 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:
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 the Contractor or its employees 
independently of performing the services under this Contract, without first 
obtaining the written consent of the City.
C. 
The Contractor represents that except for those persons, entities and projects 
identified to the City, the services to be performed by the 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.
D. 
The 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.
11.38 COMMENCEMENT OF STATUTORY LIMITATION PERIOD AND STATUTE OF 
REPOSE
B.
Before Final Completion. As to acts or failures to act occurring before the relevant 
date of Final Completion, any applicable statute of limitations will commence to run 
and any alleged cause of action will be considered to have accrued in any and all 
events not later than the date of Final Completion.
Between Punch List Preparation and Final Completion. As to acts or failures to 
act occurring between the relevant date of Punch List Preparation and before Final
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Completion, any applicable statute of limitation will begin to run and any alleged 
cause of action will be considered to have accrued in any events not later than the 
date of Final Completion.
C. 
After Completion. As to acts or failures to act occurring after the date of Final 
Completion, any applicable statute of limitations will commence to run and any 
alleged cause of action will be considered to have accrued in any and ail events 
not later than the date of any correction of the Work or failure to correct the Work 
by the Contractor, or the date of actual commission of any other act or failure to 
perform any duty or obligation by the Contractor or the City, whichever occurs last.
D. 
Statute of Repose. The time period for the applicable Statute of Repose will 
commence to run at the time specified in Arizona Revised Statute §12-552 as it is 
amended or renumbered from time to time.
11.39 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 the Contractor at its own cost and expense.
11.40 RIGHTS-OF-WAY
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 and maintenance purposes, which are 
required in addition to existing easements or rights of way secured by the City as indicated 
upon the plans.”
11.41 EXISTING TRAFFIC AND STREET SIGNS AND TRAFFIC SIGNAL EQUIPMENT
The Contractor will use due care when excavating at or near intersections where traffic 
signal underground conduit is located. The Contractor will notify the Transportation 
Maintenance Traffic Signal Division (480.312.5620) 48 hours in advance of any work at 
the intersections. The 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 the Contractor in identifying wiring 
phases and direction of conduit runs upon 24 hours notice from the Contractor and at least 
1 day before the Contractor’s scheduled wiring and installation of temporary cables. The 
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 the Contractor with connecting field wiring within the 
traffic signal control cabinet. The Contractor will provide, at his expense an off-duty 
uniformed Police Officer to direct traffic while the traffic signal is turned off and the wiring 
is transferred. The 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
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Detector Loops.
11.42 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 the 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: http://eservices.scottsdaleaz.gov/landsurvey/. AT LEAST 1 HORIZONTAL AND 
1 VERTICAL BENCHMARK MUST MATCH THE NORTHING, EASTING OR ELEVATION 
VALUES PUBLISHED ON THE CITY’S WEBSITE. The Contractor must sign and submit 
with this Contract, the Certificate of Use attached and by reference made a part of this 
Contract.
11.43 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 otherwise 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.
11.44 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.
ARTICLE 12 - DEFINITIONS
“Adjustment” means a written order signed by an authorized representative of the City and the 
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 the 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
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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 
activities with the 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 the Contractor’s home office overhead and profit, whether at the 
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 the 
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 the 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 the 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 the 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 the Contractor to request progress 
payments for Job Orders in accordance with Article 6.
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“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, the 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 
the Contractor to both a time extension and delay damages.
“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 the Contractor, the 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 the 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 the Contractor, its suppliers and 
subcontractors, or a delay resulting from a risk taken by the Contractor under the terms of the 
Contract. The 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 the Contractor in performing the scope of 
work described in this Contract. Some of the major deliverables to be prepared and provided by 
the 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.
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“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 the 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 the Contractor’s proposal either by 
reference or inclusion.
“Job Order Price” means the amount negotiated between the Contractor and the City that includes 
costs, overhead, bonding, insurance, profit and other costs as agreed to and calculated on the 
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 the 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 the Contractor fixing the 
date on which the Contractor will start to perform the 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 the 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
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2018-136-COS
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 the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or 
distributor to illustrate some portion of the Work.
“Site” means the land or premises on which a Job Order is located generally described as (insert 
address). The 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 the 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 the Contractor or any Subcontractor to furnish materials or equipment to be 
incorporated in the construction phase work by the 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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END OF CONTRACT - SIGNATURES ON NEXT PAGE
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2018-136-COS
CITY OF SCOTTSDALE, ARIZONA 
CONTRACT NO. 2018-021-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.
The 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
ATTEST:
Carolyn dagger, Cit;
RECOMMENDED;
■ r
Dave Lipinsku^eify Engineer
<atherine Callawav
Katherine Callaway / 
Risk Management Director
APPRO
O FORM:
^Bpd6e Washburn, City Attorney 
By; Eric C. Anderson
Senior Assistant City Attorney
CONTRACTOR:
SHASTA INDUSTRIES, INC. 
An Arizona CojporSlion
(Corporate Seal) 
ATTEST: (Signatufe^and title)
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2018-136-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, 2018, 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.
NOWTHEREFORE, 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 _
, 2018.
PRINCIPAL
BY;
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
9769896V5 (Rev Dec. 2016)
Page 1 of 1

2018-136-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,
State of
_______ (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
(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 ofDollars 
($), 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 theday of, 2018, 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, Chapters, 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.
2018.
PRINCIPAL
BY:
SURETY (SEAL)
AGENCY OF RECORD
AGENCY ADDRESS
9769896v5 (Rev Dec, 2016)
Page 1 of 1

2018-136-COS
Contract Name: 
CONTRACT NO,:
To the City of Scottsdale:
EXHIBIT C
City of Scottsdale Published Benchmarks 
CERTIFICATE OF USE
PROJECT NO.
In compliance with the City of Scottsdale’s Design Standards & Policies Manual (DS&PM), 
Sections 9-1.1 and 9-1.301, it is the City's intent that the^must use 
both horizontal and vertical benchmarks with City of Scottsdale published values for any survey 
on all public works projects. Those published values are available for public use at the following 
City website: http://eservices.scottsdaleaz.g0v/landsurvey/.ATLEAST 1 HORIZONTAL AND 
1 VERTICAL BENCHMARK MUST MATCH THE NORTHING, EASTING OR ELEVATION 
VALUES PUBLISHED ON THE CITY OF SCOTTSDALE’S WEBSITE.
Having read and understood Sections 9-1.1 and 9-1.301 of the DS&PM, and as a Land Surveyor 
registered in the State of Arizona, I certify that we will be using the following City of Scottsdale 
horizontal and vertical datum to perform the topographic survey for the above named contract 
and project. These benchmarks will be shown on the cover sheet of the design and construction 
plans.
Benchmark No. 1: 
Horizontal datum:
GPS Point:_____
N: 
_______
Vertical datum;
GPS Point:__
Elevation:
E:
Benchmark No, 2: 
Horizontal datum:
GPS Point:_____
N:_____________
E: 
_______
Vertical datum:
GPS Point:___
Elevation:
Certified By; 
Print Name: 
Title;
(Seal in Area Below)
9769896V5 (Rev Dec. 2016)
Page 1 of 1

flCOPY
RESOLUTION NO. 11234
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, 
MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY OF SCOTTSDALE 
TO ENTER INTO CONSTRUCTION SERVICES JOB ORDER CONTRACT 
(JOC) NO. 2018-136-COS WITH SHASTA INDUSTRIES, INC. FOR CITYWIDE 
POOL CONSTRUCTION SERVICES
WHEREAS, The City desires services for Citywide Pool Construction work involving 
design, construction, repairs and/or maintenance as needed; and
WHEREAS, Shasta Industries, Inc. is qualified to render the services desired by the City.
BE IT RESOLVED by the Council of the City of Scottsdale as follows:
Section 1. The City Council hereby authorizes and directs the Mayor to execute 
Contract No. 2018-136-COS with Shasta Industries, Inc. for pool construction projects 
throughout the City as needed with contract to have a maximum contract price of five million 
dollars ($5,000,000) for the initial two year term.
PASSED AND ADOPTED by the Council of the City of Scottsdale this 11th day of 
September, 2018.
ATTEST:
CITY OF SCOTTSDALE, an 
Arizona Municipal Corporation
Bv:V jcv
Carolyn J^ger, Cre
, Mayor
APPROVED^ TO FORM:
OFFIC^'^T^^ITY ATTORNEY
BpGceTA/ashburn, City Attorney
By>^ Eric C. Anderson, Senior Assistant City Attorney
Page 1 of 1
Resolution 11234