Supporting Document (fd4f70d8...)

Item 10
CITY COUNCII
REPORT
Is
\
Meeting Date:
General Plan Element: 
General Plan Goal:
June 9,2026
Public Services & Facilities
Provide a safe environment for all citizens, visitors and private 
interests
ACTION
Construction Manager at Risk Design-Phase Services Contract for Scottsdaie Airport Runway 3-21 
Pavement Preservation Project. Adopt Resolution No. 13664 authorizing contract No. 2026-073- 
COS with J. Banicki Construction, Inc. in the amount of $23,677.43 to provide preconstruction phase 
services as Construction Manager at Risk (CMAR) for the Runway 3-21 Pavement Preservation 
Project at Scottsdale Airport.
BACKGROUND
The purpose of this action is to award a CMAR design-phase services contract No. 2026-073-COS 
with J. Banicki Construction, Inc. The CMAR will provide supplemental design, prepare cost 
estimates, conduct value engineering, perform constructability reviews, identify construction items 
that take a long time to purchase, prepare schedules, perform sub-contractor bidding and selection 
and prepare a Guaranteed Maximum Price (GMP) proposal.
The development plan currently calls for the surface preparation and placement of a seal coat on 
Runway 3-21 pavement surface, which also includes Runway blast pads and paved shoulders. The 
project also consists of the removal of existing rubber deposits from the landing zones at both ends 
of Runway 3-21. The exact limits for rubber removal will be established during the design phase. 
Following the rubber removal, marking removal and surface preparation. Runway 3-21 will receive 
an application of an emulsified asphalt seal coat, crack repair, and the installation of new pavement 
markings.
The contract to make these improvements will be brought forward to the City Council for 
consideration at a future date, most likely in the summer of 2026. The construction phase at this 
time is expected to iast approximately one week and the runway will be closed 24 hours/7 days per 
week. We anticipate closing the runway in October of 2026
The Aviation Department will be launching an extensive outreach program to keep ali of our tenants 
and users informed. Most of the tenants based at the airport will typically relocate their aircraft to 
another airport during the closures. Early outreach enables them to find a hangar or tie-down space 
that they will need to keep their operations running.
19178330
Blueink Bundle ID: CGmZSjWjEz

City Council Report | Construction Manager at Risk - Airport Runway 3-21 Pavement Preservation 
Project at Scottsdale Airport
The most recent runway rehabilitation project in the summer of 2021 was a 4-inch mill and overlay 
of the original runway section and a 3-inch mill and 5-inch overlay on the runway extension section. 
As part of the 2021 project, the 9-foot runway shoulders and 120-foot by 150-foot blast pads were 
reconstructed at both runway ends. This Project recommends that the runway's current 
condition be maintained.
ANALYSIS & ASSESSMENT 
Recent Staff Action
The Aviation and Purchasing Departments, were responsible for conducting the Request for 
Qualifications (RFQ) process that was used to select J. Banicki Construction, Inc. The RFQ was 
advertised in accordance with State and City Procurement Regulations. The RFQ was also posted on 
the City's Purchasing website. Three (3) firms submitted statements of qualification and all three (3) 
of those firms were short-listed and subsequently interviewed. A team of five (5) members 
including one (1) construction company executive and one (1) aviation engineer were assembled to 
complete evaluations and conduct the interviews. Using a points/rank based evaluation system and 
the interview process, the committee concluded that J. Banicki Construction, Inc. was the most 
qualified.
Community Involvement
The public was provided with the opportunity to comment on this proposed action at the Airport 
Advisory Commission meeting on May 20,2026. No negative comments were received, and the 
Airport Advisory Commission unanimously approved a motion to recommend to the City Council 
adoption of Resolution No. 13664 authorizing contract No. 2026-073-COS.
RESOURCE IMPACTS 
Available Funding
It is anticipated that Aviation Enterprise funds will be used to fund both the design and construction 
phases of this project.
The total probable construction cost is $866,000.
Aviation CIP Center 60004 (Rehab Runway 3/21 Pavement PA2403) will be used to record the 
financial activity for this contract.
The City Council approved funding for this project during the FY 25/26 budget process and is 
included in the FY26/27 budget.
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19178330
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City Council Report | Construction Manager at Risk - Airport Runway 3-21 Pavement Preservation 
Project at Scottsdale Airport
Staffing, Workload Impact
Existing Aviation Department staff will manage this project and shall not cause any negative 
workload impacts.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
The Airport Advisory Commission and the Aviation Department recommend:
Adopting Resolution No. 13664 authorizing contract No. 2026-073-COS with J. Banicki Construction, 
Inc. in the amount of $23,677.43 to conduct preconstruction phase services as Construction 
Manager at Risk (CMAR) for the Airport Runway 3-21 Pavement Preservation Project at Scottsdale 
Airport.
Proposed Next Steps
If the contract is authorized by City Council, the Aviation Department will direct the contractor to 
start the pre-construction phase of the project immediately.
RESPONSIBLE DEPARTMENT(S)
Aviation Department
STAFF CONTACT(S)
Rick Wielebski, Aviation Director, rwielebski(5)scottsdaleaz.gov
Matthew Johnson, A.C.E., Director - Operations & Maintenance, mliohnson(5)scottsdaleaz.Eov
APPROVED BY
Page 3 of 4
19178330
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City Council Report | Construction Manager at Risk - Airport Runway 3-21 Pavement Preservation 
Project at Scottsdale Airport
5/20/26
Rick Wielebski, Aviation Director 
480-312-8475, rwielebski(5)scottsdaleaz.eov
Date
5/20/26
Judy Doyle, Deputy City Manager 
480-312-2697. idovle(S)scottsdaleaz.gov
Date
5/21/26
Greg Caton, City Manager 
480-312-7759, gcaton(5)scottsdaleaz.gov
Date
ATTACHMENTS
1. Resolution No. 13664
2. Contract No. 2026-073-COS
3. Project Area Map
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RESOLUTION NO. 13664
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE. 
MARICOPA COUNTY. ARIZONA AUTHORIZING CONSTRUCTION 
MANAGER AT RISK CONTRACT NO. 2026-073-COS WITH J.
BANICKI CONSTRUCTION. INC. FOR PRECONSTRUCTION 
SERVICES FOR THE AIRPORT RUNWAY 3-21 PAVEMENT 
PRESERVATION PROJECT IN AN AMOUNT NOT TO EXCEED 
$23,677.43.
WHEREAS, the City of Scottsdale desires to enter into Construction Manager at Risk 
Contract No. 2026-073-COS to provide preconstruction phase services for the Airport Runway 
3-21 Pavement Preservation Project at Scottsdale Airport; and
WHEREAS. J. Banicki Construction. Inc. has been selected through a competitive 
process (Solicitation 26RFSQ058) and is qualified to render the services desired by the City;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale. 
Maricopa County. Arizona as follows:
Section 1. The Mayor is hereby authorized and directed to execute Construction 
Manager at Risk Contract No. 2026-073-COS with J. Banicki Construction. Inc to provide 
preconstruction phase services for the Airport Runway 3-21 Pavement Preservation Project at 
Scottsdale Airport in an amount not to exceed Twenty-Three Thousand Six Hundred Seventy- 
Seven Dollars and Forty-Three Cents ($23,677.43).
Section 2. The City Manager or designee is hereby authorized to execute such other 
documents and take such Other actions as necessary to carry out the intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Scottsdale. Arizona, this 9“’ day 
of June 2026.
ATTEST:
CITY OF SCOTTSDALE, an
Arizona municipal corporation
By:.
Ben Lane. City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:.
Lisa Borowsky. Mayor
ri
Luis E. Santaella. City Attorney 
By: Lydia Tulin, Assistant City Attorney
19181488
Page 1 of 1
Resolution No. 13664

€
CITY OF SCOTTSDALE 
CONSTRUCTION MANAGER AT RISK 
PRECONSTRUCTION SERVICES CONTRACT 
PROJECT NO. 26RFSQ058 
CONTRACT NO. 2026-073-COS

Contract No. 2026-073-COS
TABLE OF CONTENTS
RECITALS............... .......... .................................;...... ................ ................................. ........ 1
ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES............................................. 1
ARTICLE 2 - PERIOD OF SERVICES................................................................ ........... 13
ARTICLE 3 - CONTRACT AMOUNT AND PAYMENTS....... 
........................ 14
ARTICLE 4 - CITY'S RESPONSIBILITIES................................. ........ ............................16
ARTICLE 5 - CONTRACT CONDITIONS.......................................... ........................ 16
ARTICLE 6 - INSURANCE......... ..... ................................. ...... ........................................... 28
ARTICLE 7 - FEDERAL AND STATE LAW........................................................................... 33
ARTICLE 8 - TERMS AND DEFINITIONS................ ................................................ ..........35
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - HOURLY RATE SCHEDULE
EXHIBIT C - SUBMITTAL REQUIREMENTS FOR THE GMP
EXHIBIT D - PRECONSTRUCTION PROPOSAL
Project Name: Airport Runway 3-21 Pavement preservation project 
Project No: 26RFSQ058
11565416V6 CMAR Des (Rev. 1.22.2026)
Page i

Contract No. 2026-073-COS
CITY OF SCOTTSDALE 
CONSTRUCTION MANAGER AT RISK 
PRECONSTRUCTION SERVICES CONTRACT 
PROJECT NO. 26RFSQ058 
CONTRACT NO. 2026-073-COS
THIS CONTRACT, entered into this.
day of.
20_, by the City of Scottsdale, an
Arizona municipal corporation, (the “City”) J. Bahicki Construction, Inc., an Arizona corporation 
(the "Construction Manager at Risk" or “CMAR”).
RECITALS
A. 
The Mayor of the City of Scottsdale, Arizona, is authorized by provisions of the City Charter 
to execute Contracts for professional services and construction services.
B. 
The City intends to construct the Runway 3-21 Pavement Preservation Project, as 
described in Exhibit A attached, and referred to in this Contract as the “Project,” located 
at 15000 N. Airport Drive, Scottsdale Arizona, 85260.
C. 
To undertake the design of the Project, the City has entered into a Contract with Mead & 
Hunt, Inc. a AA/isconsin corporation, who is referred to as the “Design Professional.”
D. 
The City desires to enter into this Contract with the CMAR for preconstruction phase 
services and CMAR represents that it is qualified and able to provide the required services 
identified in this Contract. Upon completion of the preconstruction phase services, at the 
City’s discretion, the City may enter into a separate construction contract with the CMAR 
for construction phase services.
CONTRACT
FOR AND IN CONSIDERATION of the parties’ mutual covenants and conditions, it is agreed
between the City and the CMAR as follows:
ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES
1.0 GENERAL
. A. The CMAR, to further the interests of the City, will perform the services required by, 
and in accordance with this Contract, to the satisfaction of the Contract Administrator, 
exercising the degree of care, skill and judgment a professional construction 
manager performing similar services in Scottsdale, Arizona would exercise at that 
time, under similar conditions. The CMAR will, at all times, perform the required 
services consistent with sound and generally accepted construction management 
and contracting practice and principles. The services being provided under this 
Contract will not alter any real property owned by the City.
B. Initial Program Evaluation. The CMAR will provide an initial written evaluation of the 
City’s Project with recommendations as to the requirements of the Project and the 
Project’s budget. The City and the CMAR will identify an acceptable time frame by 
which the CMAR will provide initial program evaluation.
Project Name: AIRPORT RUNWAY 3-21 PAVEMENT PRESERVATION PROJECT 
Project No: 26RFSQ058 
11565416V6 CMAR Des (Rev. 1.22.2026)
Page 1 of 40

Contract No. 2026-073-COS
G. Project Meetings, The CMAR will attend Project Team meetings which may include, 
but are not limited to, monthly Project management meetings. Project workshops, 
special Project meetings, and Construction Documents rolling reviews.
D. 
The CMAR will review and comment on the Design Professional’s design phase 
services, in a proactive manner and consistent with the intent of the Scope of Work 
and the most current Drawings and Specifications. The CMAR will promptly notify 
the City in writing whenever the CMAR discovers errors in any Drawings or 
Specifications or changes in the Scope of Work requiring an adjustment in the cost 
estimate. Project Schedule, Guaranteed Maximum Price (GMP) Proposals or in the 
Contract Time for the Work, to the extent they are established.
E. 
The CMAR, when requested by the City with reasonable notice, will attend, make 
presentations and participate as may be appropriate, in public or community 
meetings related to the Project. The CMAR will provide drawings, schedule 
diagrams, budget charts and other materials describing the Project, when their use 
is required or appropriate in any public agency meetings.
1.1 CONSTRUCTION MANAGEMENT PLAN
A.
B.
The CMAR will prepare a Construction Management Plan, which includes but is 
not limited to the CMAR’s professional opinions concerning: (1) Project milestone 
dates and the Project Schedule, including the broad sequencing of the design and 
construction of the Project, (2) plans for investigations, if any, to be undertaken to 
ascertain subsurface conditions and physical conditions of existing physical 
surface and subsurface facilities and underground utilities, (3) alternate strategies 
for fast-tracking or phasing the construction, (4) the number of separate 
subcontracts to be awarded to Subcontractors and Suppliers for the Project 
construction, (5) any Intergovei-nmerital Contracts (IGA’s), (6) permitting strategy, 
(7) safety and training programs, (8) construction quality control, (9) a 
commissioning program, (10) the cost estimate and basis of the model, (11) a 
matrix summarizing each Project Team member’s responsibilities and roles, and 
(12) goal compliance strategy.
The CMAR will add detail to Its previous version of the Construction Management 
Plan to keep it current throughout the preconstruction phase, so that the 
Construction Management Plan is ready for implementation at the start of the 
construction phase. The update/revisions hriay take into account (a) revisions in 
Drawings and Specifications; (b) the results of any additional investigatory reports 
of subsurface conditions, drawings of physical conditions of existing surface and 
subsurface facilities and documents depicting underground utilities placement and 
physical condition, whether obtained by the City, Design Professional or the 
CMAR, (c) unresolved permitting issues, and significant issues, if any, pertaining 
to the acquisition of land and right of way, (d) the fast-tracking, if any, of the 
construction, or other chosen construction delivery methods, (e) the requisite 
number of separate bidding documents to be advertised, (f) the status of the 
procurement of long-lead time equipment (if any) or materials, arid (g) funding 
, issues identified by the City.
Project Name: Airport Runway 3-21 Pavement preservation project 
Project No: 26RFSQ058
11565416V6 CMAR Des (Rev. 1.22.2026)
Page 2 of 40

Contract No. 2026-073-GOS
1.2 PROJECT SCHEDULE
A. 
The fundamental purpose of the “Project Schedule” is to identify, coordinate and 
record the tasks and activities to be performed by ail of the Project Team members 
and then for the Project Team to utilize that Deliverable as a basis for managing 
and monitoring all member’s compliance with the schedule requirements of the 
Project. Each Project Team member is responsible for its compliance with the 
Project Schedule requirements. The CMAR will, however, develop and maintain 
the Project Schedule on behalf of and to be used by the Project Team based on 
input from the other Project Team members. The Project Schedule is subject to 
City approval. The Project Schedule will be consistent with the most recent 
revised/updated Critical Path Method. The Project Schedule will use the Critical 
Path Method technique, unless required otherwise in writing by the City. The 
CMAR will use scheduling software to develop the Project Schedule that is 
acceptable to the City. The Project Schedule will be presented in graphical and 
tabular reports as agreed upon by the Project Team. If Project Phasing as 
described below is required, the Project Schedule will indicate milestone dates for 
the phases once determined. The Project Schedule’s activities will directly 
correlate with the Schedule of Values specified in Article 1.4(A).
B. 
The CMAR will include and integrate in the Project Schedule the services and 
activities required of the City, the Design Professional and the CMAR including all 
construction phase activities based on the input received from the City and the 
Design Professional. The Project Schedule will detail activities to the extent 
required to show; (1) the coordination between conceptual design and various 
design phase documents, (2) separate long-lead procurements, if any, (3) 
permitting issues, (4) land and right-of-way acquisition, if any, (5) bid packaging 
strategy and awards to Subcontractors and Suppliers, (6) major stages of . 
construction, (7) start-up and commissioning, and (8) City’s acceptance of the 
completed Work. The Project Schedule will include, by example and not limitation, 
proposed activity sequences and durations for procurement, construction and 
testing activities, milestone dates for actions and decisions by the Project Team, 
preparation and processing of Shop Drawings and Samples, delivery of materials 
or equipment requiring long-lead time procurement (if any), milestone dates for 
various construction phases, total float for all activities, relationships between the 
activities, the City’s occupancy requirements showing portions of the Project 
having occupancy priority, and proposed dates for Substantial Completion and 
when the Work would be ready for final acceptance.
C. 
The Project Schedule will be updated and maintained by the CMAR throughout 
this Contract to assure that the schedule will not require major changes at the start 
of the construction phase to incorporate the CMAR’s plan for the performance of 
the construction phase Work. The CMAR will provide updates or revisions to the 
Project Schedule for use by the ProjectTeam, whenever required, but no less often 
than at the monthly Project Team meetings. The CMAR will include with these 
submittals a narrative describing its analysis of the progress achieved to-date vs. 
that planned, any concerns regarding delays or potential delays, and any 
recommendations regarding mitigating actions.
Project Name; Airport Runway 3-21 Pavement preservation project 
Project No: 26RFSQ058
11565416V6 CMAR Des (Rev. 1.22.2026)
Page 3 of 40

Contract No. 2026-073-COS
D. Project Phasing (Optional). At the City's direction the CMAR will review the design 
and make recommendations for phased construction. If phased construction is 
considered appropriate and the City and Design Professional approve, the CMAR 
will review the design and make recommendations regarding the phased issuance 
of Construction Documents to facilitate phased construction of the Work. The 
. CMAR will take into consideration factors such as natural and practical lines of 
work severability, sequencing effectiveness, access and availability constraints, 
total time for completion, construction market conditions, labor and materials 
availability, and any other pertinent factors.
1.3 GENERAL DESIGN DOCUMENT REVIEWS
A. 
The CMAR will evaluate periodically the availability of labor, nriaterials/equipment, 
building systems, cost-sensitive aspects of the design, and other factors that may 
impact the cost estimate, GMP Proposals or the Project Schedule.
B. 
The CMAR will recommend, with City approval, those additional surface and 
subsurface investigations that, in its professional opinion, are required to provide 
the necessary information for the CMAR to construct the Project.
C. 
The CMAR will meet with the Project Team as required to review designs during 
their development. The CMAR will familiarize itself with the evolving documents 
through the preconstruction phase. The CMAR will proactively advise the Project 
Team and make recommendations on factors related to construction costs and 
concerns pertaining to the feasibility and practicality of any proposed means and 
methods, selected materials, equipment and building systems and labor and 
material availability. The CMAR will also advise the Project Team on errors and 
omissions it has discovered in Drawings and Specifications related to proposed 
Site improvements, excavation and the foundation as well as other errors and 
omissions the CMAR has identified with respect to coordination of the Drawings 
and Specifications. The CMAR will recommend cost-effective alternatives.
D. 
The CMAR will routinely conduct constructability and bidability reviews of the 
Drawings and Specifications as necessary to satisfy the needs of the Project 
Team. The reviews will identify discrepancies and inconsistencies in the 
Construction Documents especially those related to clarity, consistency, and 
coordination of the Work of Subcontractors and Suppliers as follows;
1. Constructability Reviews. The CMAR will evaluate whether; (a) the 
Drawings and Specifications are configured to enable efficient 
construction, (b) design elements are standardized, (c) construction 
efficiency is properly considered in the Drawings and Specifications, (d) 
module/preassembly design are prepared to facilitate fabrication, transport 
and installation, (e) the design promotes accessibility of personnel, material 
and equipment and facilitates construction under adverse weather 
conditions, (f) sequences of Work required by or inferable from the 
Drawings and Specifications are practicable, and (g) the design has taken 
into consideration, efficiency issues concerning; access and entrance to 
the Site, lay down and storage of materials, staging of Site facilities, 
construction parking, and other similar pertinent issues.
Project Name; Airport Runway 3-21 Pavement preservation project
Project No; 26RFSQ058
11565416V6 CMAR Des (Rey. 1.22.2026)
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Contract No. 2026-073-COS
2. 
Bidabilitv Reviews. The CMAR will check cross-references and 
complementary Drawings and sections within the Specifications, and in 
general evaluate whether (a) the Drawings and Specifications are 
sufficiently clear and detailed to minimize ambiguity and to reduce scope 
interpretation discrepancies, (b) named materials and equipment are 
commercially available and are performing well or otherwise, in similar 
installations, (c) specifications include alternatives in the event a 
requirement cannot be met in the field, and (d) in its professional opinion, 
the Project is likely to be subject to differing Site conditions.
3. 
The results of the reviews will be provided to the City in formal, written 
reports clearly identifying all discovered discrepancies and inconsistencies 
in the Drawings and Specifications with notations and recommendations 
made on the Drawings, Specifications and other documents. If requested 
by the City, the CMAR will meet with the City and Design Professional to 
discuss any of the CMAR’s findings and review reports,
4. 
The CMAR’s reviews will be from a contractor's perspective, and though it 
will serve to reduce the number of Requests for Information (RFIs) and 
changes during the construction phase, responsibility for the Drawings and 
Specifications will remain with the Design Professional.
E. 
Notification of Variance or Deficiency. It is the CMAR’s responsibility to assist the 
Design Professional in ascertaining that, in the CMAR’s professional opinion, the 
Construction Documents are in accordance with applicable laws, statutes, 
ordinances, building codes, rules and regulations. If the CMAR recognizes that 
portions of the Construction Documents are at variance with applicable laws, 
statutes, ordinances, building codes, rules and regulations, it will promptly notify 
the Design Professional and the City in writing, describing the apparent variance 
or deficiency. However, the Design Professional is ultimately responsible for 
compliance with those laws, statutes, ordinances, building codes, rules and 
regulations.
F. 
Alternate Systems Evaluations. The Project Team will routinely identify and 
evaluate using value engineering principles, any alternate systems, approaches, 
or design changes that have the potential to reduce Project costs while still 
delivering a quality and functional product. Throughout this Contract and upon the 
City’s instruction the CMAR will provide value engineering at various stages 
throughout the Project. The Project Team, with approval by the City, will decide 
which alternatives will be incorporated into the Project. The Design Professional 
will have full responsibility for the incorporation of the alternatives into the Drawings 
and Specifications. The CMAR will include the cost of the alternatives into the cost 
estimate and any GMP Proposals.
1.4 COST ESTIMATES
A. The CMAR will provide a Schedule of Values acceptable to the City including a 
detailed cost estimate and written review of the documents within fourteen (14) 
days after the CMAR’s receipt of the documents required for the preconstruction
Project Name; Airport Runway 3-21 Pavement preservation project 
Project No: 26RFSQ058 
1156541 eve CMAR Des (Rev. 1.22.2026)
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Contract No. 2026-073-COS
phase. The Design Professional and the CMAR will reconcile any disagreements 
on the estimate to arrive at an agreed cost. If no consensus is reached, the City 
will make the final determination.
B. 
If any estimate submitted to the City exceeds previously accepted estimates or the 
City’s Project budget, the CMAR will make appropriate recommendations on 
methods and materials to the City and the Design Professional that he believes 
will bring the Project back into the Project budget. Major milestones on the Project 
include 30%, 60%, 90% submittals consistent with the City of Scottsdale's Design 
Standards and Policies Manual.
C. 
In between these milestone estimates, the CMAR will periodically provide a 
tracking report, which identifies the upward or downward movements of costs due 
to value engineering or scope changes. It will be the responsibility of the CMAR 
to keep the City and the Design Professional informed as to the major trend 
changes in costs relative to the City’s budget.
D. 
If requested by the City, the CMAR will prepare a preliminary “cash flow” projection 
based upon historical records of similar type projects to assist the City in the 
financing process.
1.5 GUARANTEED MAXIMUM PRICE (GMP)
A. At the end of the preconstruction phase or at a time determined by the City with 
reasonable notice, the City will request the CMAR to provide a GMP, or series of 
GMP’s if the CMAR determines phased construction would be in the City’s best 
' 
interest. The approved form of GMP(s) is stated in Exhibit C. attached and by
reference made a part of this Contract.
1.
2.
3.
The CMAR guarantees to bring the completion of the construction of the 
Project within the GMP or the CMAR alone will be required to pay the 
difference between the actual cost and the GMP.
Buy-out savings are any savings of the CMAR’S GMP at the conclusion of 
the selection of Subcontractors. Buy-out savings may be used during 
construction by the City as a City Project Contingency. Unused savings 
will be returned to the City.
Any savings realized during construction may be incorporated into the 
construction of the Project to fund additional scope items. Unused savings 
will be returned to the City.
B. The Cost of the Work (Direct Costs), plus the CMAR Indirect Costs, plus taxes, 
plus the City’s Project Contingency equals the Total GMP. The GMP is composed 
of the following actual costs, not-to-exceed cost reimbursable, fixed fee or lump 
sum amounts defined below:
1. The Cost of the Work (Direct Costs) is a negotiated cost and is a not-to- 
exceed amount defined by the individual work items and their associated 
negotiated unit prices as a part of the hard construction work as defined in
Project Name: Airport Runway 3-21 Pavement preservation project 
Project No; 26RFSQ058 
11565416V6 CMAR Des (Rev. 1.22:2026)
Page 6 of 40

Contract No. 2026-073-COS
Article 8. It includes direct labor costs, subcontract costs, costs of materials 
and equipment incorporated in the completed construction, costs of other 
materials and equipment, materials testing, and warranty of the work 
together with self-performed work that the CMAR established in the Sub­
contractor Selection Plan. The Cost of Work does not include the CMAR’s 
Indirect Costs.
2. The CMAR’s Indirect Costs include the General Conditions, Payment and 
Performance Bonds, Insurance, the CMAR Construction Fee and Taxes.
a. 
The General Conditions Costs are a negotiated amount of project 
supervision and other indirect costs according to construction terms 
as defined in Article 8. These costs are not reflected in other GMP 
items. Costs may include, but are not limited to, the following: 
Project Manager, Superintendent, Full-time General Foremen, 
workers not included as direct labor costs engaged in support (e g. 
loading/unloading, clean-up, etc.) and administrative office 
personnel. Other costs may include: temporary office, building 
permit and licensing fees, fencing and other facilities, office 
supplies, office equipment, minor expenses, utilities, vehicles, fuel, 
sanitary facilities, and telephone services at the site.
b. 
Payment Bonds, Performance Bonds and Insurance are actual 
costs applied to Cost of Work and General Conditions Costs as 
detailed in the GMP Proposal.
c. 
The CMAR Construction Fee is a negotiated fixed fee that is 
proposed by the CMAR for the project as defined in Article 8. It is 
for management and related services of the CMAR Project.
d. 
Taxes include all sales, use, consumer, and other taxes which are 
legally enacted when negotiations of the GMP were concluded, 
whether or not yet effective or merely scheduled to go into effect. 
Taxes are actual costs and are a not-to-exceed reimbursable 
amount.
The successful CMAR must secure and maintain, during the life of the 
Contract, a combined State of Arizona and City of Scottsdale Transaction 
Privilege (sales) Tax Licenses.
For information on how to obtain a combined State of Arizona and City of 
Scottsdale Privilege (Sales) Tax License, please go to the following 
websites: https://azdor.qov/transaction-privileae-tax/tpt-license/applvina- 
tpt-license
The City’s Project Contingency is defined in Article 8. It,is to be used at the 
sole discretion of the City to cover any increases in Project costs that result 
from City directed changes or unforeseen Site conditions. The City’s 
Project Contingency will be added to the GMP amount provided by the
Project name: Airport Runway 3-21 Pavement preservation project 
PROJECT No: 26RFSQ058 
1156541 eve CMAR Des (Rev, 1.22.2026)
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3.
Contract No. 2026-073-COS
CMAR, the sum of which will be the full contract price for construction. 
Taxes will be applied by the CMAR at the time of the City’s Project 
Contingency is an additional negotiated Construction Fee.
The GMP is cumulative. The amount of any GMP amendment will be 
negotiated separately and will reflect the CMAR^s risk from that point 
forward in the Project.
1.6 
GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS
A. 
The CMAR will present the GMP Proposal(s) for the entire Work (or portions of the 
. Work) in a format acceptable to the City as set forth in Exhibit C. attached, and by
reference made a part of this Contract. The City may request a GMP Proposal for 
any portion of the Project at any time with reasonable notice during the 
preconstruction phase. Any GMP Proposals submitted by the CMAR will be based 
on and be consistent with the current updated/revised cost estimate at the time of 
the request, the associated estimates for construction costs, and will include ariy 
clarifications or assumptions upon which the GMP Proposal(s) are based.
B. 
GMP Proposals for the entire Project will be the sum of the maximum Cost of the 
Work, and also include the CMAR’s Construction Fee, General Conditions Costs, 
Taxes, Insurance, Bonds, CMAR Indirect Costs, and City’s Project Contingency.
C. 
The CMAR, in preparing any GMP Proposal, will obtain from the Design 
Professional, six (6) sets of signed, sealed, and dated plans and specifications 
(including all Addenda). The CMAR will prepare its GMP in accordance with the 
City’s request for GMP Proposal requirements based on the most current 
completed plans and s;pecifications at that time. The CMAR will mark the face of 
each document of each set of plans and specifications upon which its proposed 
GMP is based. The CMAR will send one set of those documents to the City’s 
Contract Administrator, keep one set, and return the third set to the Design 
Professional.
D. 
The CMAR will include an updated/revised Project Schedule with any GMP 
Proposal(s) that reflects the Scope of Work shown in the current set of design 
documents upon which the GMP Proposal(s) is based. Any Project Schedule 
updates/revisions will continue to comply with the requirements of Article1.2.
E. 
If the Construction Services Contract is negotiated as a not-to-exceed amount, all 
GMP savings resulting from a lower actual Project cost than anticipated by the 
CMAR will revert to the City.
1.7 
GUARANTEED MAXIMUM PRICE (GMP) REVIEW AND APPROVAL
A. The CMAR will meet with the City and the Design Professional to review any GMP 
Proposal(s) and review the written statement of its basis. In the event the City or 
Design Professional discovers inconsistencies or inaccuracies in the information 
presented, the CMAR will make adjustments as necessary to the GMP Proposal, 
its basis, or both.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
B.
C.
D.
Upon receipt of any GMP Proposal from the CMAR, the City may submit the same 
documents that were used by the CMAR in developing its GMP to an independent 
third party or to the Design Professional for review and verification. The third party 
or Design Professional will develop an independent estimate of the Cost of the 
Work and review the Project Schedule for the associated scope of the GMP 
Proposals. If the CMAR’s GMP Proposal is greater than that of the independent 
third party or Design Professional’s estimate, the City may require the CMAR to 
reconfirm its GMP Proposal. The CMAR will accept the independent third party’s 
or Design Professional’s estimate for the Cost of Work as part of its GMP Proposal 
or present a report identifying, explaining and substantiating the differences within 
seven (7) days of the City’s request.
If design changes are required during the review and negotiation of GMP 
Proposals, the City will authorize and cause the Design Professional to revise the 
Construction Documents to the extent necessary to reflect the agreed-upon 
assumptions and clarifications contained in the final approved GMP Proposal. 
These revised Construction Documents will be furnished to the CMAR. The CMAR 
will promptly notify the Design Professional and the City in Writing if any revised 
Construction Documents are inconsistent with the agreed-upon assumptions and 
clarifications.
The CMAR guarantees to complete the Project at a contract price that will not 
exceed the final approved GMP Proposal amount. The CMAR assumes the 
responsibility for paying any difference between the proposed and actual Cost of 
the Work.
E. The CMAR may then be requested to, or at its own discretion, submit a revised 
GMP Proposal for consideration by the City. At that time the City may do one of 
the following, in its sole discretion;
1. 
Accept the CMAR original or revised GMP Proposal, if within the City’s 
budget, without comment.
2. 
Accept the CMAR original or revised GMP Proposal that exceeds the City’s 
budget, and indicate in writing to the CMAR that the Project Budget has 
been increased to fund the differences.
3. 
Reject the CMAR’s original or revised GMP Proposal in which event, the 
City may terminate this Contract and elect to not enter into a separate 
Contract with the CMAR for the construction phase associated with the 
Scope of Work reflected in the GMP Proposal.
1.8 SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
A. The CMAR will select major Subcontractors and major Suppliers, subject to first 
obtaining the City’s approval. This may occur before or after submission of a GMP 
Proposal. Major Subcontractors may be selected based on qualifications or a 
combination of qualifications and price. Subcontractors must not be selected 
based on price alone. Except as noted below, the selection of major 
Subcontractors/Suppliers is the responsibility of the CMAR, but the City must
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Project No; 26RFSQ068
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Contract No. 2026-073-COS
B.
approve in writing the selection of all Subcontractors. In any case, the CMAR is 
solely responsible for the performance of the selected Subcontractors/Suppliers.
The CMAR will prepare a Subcontractor/Supplier selection plan and submit the 
plan to the City for approval or the CMAR may use the City’s plan as described in 
Article 1.8(B) and (C). This Subcontractor selection plan will identify those 
Subcontractor trades anticipated to be selected by qualifications only as provided 
in Article 1.8(B) and those Subcontractor trades anticipated to be selected by 
qualifications and competitive bid as provided in Article 1.8(C). This plan will also 
identify those Subcontractors that will not be selected through a formalized 
qualifications-based selection process. The Subcontractor selection plan must be 
consistent with the selection requirements included in this Contract.
Selection bv qualifications only - The City may approve the selection of a 
Subcontractor(s) or Suppliers(s) based only on their qualifications when the CMAR 
can demonstrate it is in the best interest of the Project.
1. 
The CMAR will apply the approved 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 CMAR’s own selection plan approved by the City 
or the City’s selection plan as provided in this Article 1.8(B).
2. 
The CMAR will negotiate costs for services/supplies from the 
Subcontractors/Suppliers under the approved qualifications only method.
3. 
The CMAR may elect to comply with the following procedures in its 
selection of Subcontractor(s) or Suppliers(s) based on qualifications only:
a. 
The Request for Qualifications (RFQ) will coritain the best 
description of the services or material desired; and
b. 
A statement that only unpriced statements of qualifications will be 
considered; and
G. 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..
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Project No: 26RFSQ058
115654i6\/6 CMAR Des (Rev. 1.22.2026)
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7.
Contract No. 2026-073-COS
4. 
The RFQ may be amended after the submission of the statements of 
qualifications. Any amendment will be distributed only to bidders who 
submitted statements of qualifications. Those bidders will be permitted to 
submit new unpriced statements of qualifications or to amend statements 
already submitted.
5. 
Statements of Qualifications will not be opened publicly but will be opened 
in the presence of the CMAR. The contents of unpriced statements of 
qualifications will not be disclosed to unauthorized persons.
6. 
Statements of Qualifications will be evaluated solely in accordance with the 
criteria stated in the RFQ and will be determined to be either acceptable 
for further consideration or unacceptable. A determination that the 
statement is unacceptable will be in writing, state the basis of the 
determination and be retained by the GMAR. The CMAR will notify the 
bidder of the determination and the bidder will not be given an opportunity 
to amend its statement of qualifications further.
The CMAR may conduct discussions with any bidder who submits an 
acceptable or potentially acceptable statement of qualifications. During 
discussions, the CMAR will not disclose any information derived from any 
other bidder’s statement of qualifications.
8. The CMAR will negotiate costs for services/supplies from the 
Subcontractor/ Supplier selected under this method. Without first giving 
written notice to the City, no change in the recommended Subcontractors/ 
Suppliers will be allowed.
C. Selection by qualifications and competitive bid - The CMAR will apply the City’s 
Subcontractor selection plan stated above if previously approved by the City in the 
CMAR’s evaluation of the qualifications of Subcontractors/Suppliers by providing 
the City with its process to prequalify prospective Subcontractors/Suppliers. 
Selection may not be based on price alone. All Work for 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 1.8(B) 
above. The CMAR may elect to comply with the, following procedures in step 2 of 
its competitive bid process.
1. 
The CMAR will develop Subcontractor and Supplier interest, submit the 
names of a minimum of three (3) qualified Subcontractors or Suppliers for 
each trade in the Project and solicit bids for the various Work categories. 
If there are not three (3) qualified Subcontractors/Suppliers available for a 
specific trade or there are extenuating circumstances, the CMAR may 
request approval by the City to submit less than three (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 CMAR will nominate a substitute 
Subcontractor/Supplier that is acceptable to the City.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
3. 
The CMAR will distribute Drawings and Specifications, and when 
appropriate, conduct a pre-bid conference with prospective Subcontractors 
and Suppliers. The GMAR 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 CMAR desires to self-perform certain portions of the Work, It will 
request to be one of the approved Subcontractor bidders for those specific 
bid packages. The CMAR’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 cornpliance with the Project Schedule or 
cost, the CMAR may self-perform Work without bidding or re-bidding the 
Work. (For horizontal construction, as defined in A.R.S. § 34-101(16), the 
CMAR must self-perform not less than 45% of the Work as required by 
A.R.S. § 34-605(G)(2).)
D. If after receipt of sub-bids or after award of Subcontractors and Suppliers, the City 
objects to any nominated Subcontractor/Supplier or to any self-performed Work 
for good reason, the CMAR will nominate a substitute Subcontractor or Supplier, 
preferably if this option is still available, from those who submitted Subcontractor 
bids for the Work affected.
1. 
Any higher costs due to the City’s rejection and substitution of a CMAR’s 
nominated Subcontractor/Supplier or to any self-performed Work will be 
reflected in the Total GMP. The CMAR’s proposed GMP for the Work or 
portion of the Work will be correspondingly adjusted to reflect the higher 
costs. The City at its sole discretion will either-
a. 
Correspondingly increase the CMAR’s Total GMP; or
b. 
Correspondingly decrease the City’s Project Contingency without 
change to the CMAR’s Total GMP.
2. 
Any lower costs due to the City’s rejection and substitution of a CMAR’s 
nominated Subcontractor/Supplier or to any self-performed Work will be 
added to the City’s Project Contingency.
3. 
Under no circumstances will the City’s objection or comment on any 
Subcontractor or Supplier relieve the CMAR of its sole responsibility for 
control over the methods, means and processes by which the Work is 
accomplished.
1.9 APPROVED ALTERNATES
A. Plans and specifications may contain references to equipment or materials 
(patented or unpatented) or "approved alternate(s)’’. These references will be 
regarded as establishing a standard of quality, finish, appearance, performance or 
as indicating a selection or design based upon compatibility with existing 
equipment, materials, or details of construction inherent to the Project desigri.
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Project No: 26RFSQ058
11565416V6 CMAR Des. (Rev. 1.22.2026)
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Contract No. 2026-073-COS
These references will not be construed as limiting the selection to a specified item, 
source,, or design detail. The use of an alternate or substitute item or source as 
an approved alternate will be permitted, subject to the provisions of this Article 1.9.
B. 
The CMAR and the Contract Administrator will evaluate the information submitted, 
perform tests when necessary and make comparisons in order to approve or reject 
the Proposal. If rejected, the CMAR will give notice of rejection to the Bidder 
submitting the Proposal.
C. 
The CMAR, if the Proposal is accepted, will issue a written addendum to the 
Invitation for Bid specifying the approved alternates and distribute the modification 
in the same manner as the original bidding documents.
D. 
The Specifications may reference equipment or materials "or alternate". The 
reference to "or alternate" will be construed to mean "or approved alternate" in 
every instance. Use of an alternate or substitute item will be allowed only if 
approval was received as outlined in this Article.
E. 
Construction Document references to equipment, materials, patented processes 
by manufacturer, trade name, make, or catalog number may be permitted, unless 
indicated that no substitutes or alternates may be permitted, subject to the 
following;
1. 
The CMAR will certify that the substitution will perform the functions and 
achieve the results called for by the general design, be similar and of equal 
substance, and be suited to the same use as that specified.
2. 
The submittal will state any required changes in the Construction 
Documents to adapt the design to the proposed substitution.
3. 
The submittal will contain an itemized estimate of all costs and credits that 
will result directly or indirectly from the acceptance of the substitution 
including cost of design, license fees, royalties, and testing. The submittal 
will also include any adjustment in the applicable Contract Time created by 
the substitution. Substitutions will only be considered if they do not extend 
the applicable Contract Time.
ARTICLE 2 - PERIOD OF SERVICES
2.0 The CMAR will perform preconstruction and design phase services in this Contract in 
accordance with the terms and conditions of Article 1 and the most current update/revised 
Project Schedule. Failure on the part of the CMAR to adhere to the Project Schedule 
requirements for activities for which it is responsible will be sufficient grounds for 
termination of this Contract by the City.
2.1 If the date of performance of any obligation or the last day of any time period provided for 
falls on a Saturday, Sunday, or holiday for the City, then the obligation will be due and 
owing, and the time period will expire, on the first day next which is not a Saturday, Sunday 
or legal City holiday. Unless an exception is provided in this Contract, any performance
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Project No: 26RFSQ058
1156541 eve CMAR Des (Rev. 1.22:2026)
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Contract No. 2026-073-COS
required will be timely made if completed no later than 5:00 p.m. (Local time) on the day 
of performance.
ARTICLE 3 - CONTRACT AMOUNT AND PAYMENTS 
3.0 CONTRACT AMOUNT
Based on the preconstruction phase services fee proposal submitted by the CMAR 
and accepted by the City (the “Preconstruction Proposal"), attached hereto as 
Exhibit D and incorporated herein by reference, the City will pay the CMAR the 
Contact Amount/GMP of $23,667.43 as follows:
For the basic services, including but not limited to those described in Article 1, 
the CMAR will receive a GMP not to exceed;
Construction Management Plan (Site Investigations. Phasing Options) $1,939.46 
Project Coordination Meeting (Kickoff, 90% review, Onsite Meetings) $2,416.39 
Estimates (GMP Cost Estimate, Conceptual Budget) 
$5,833.83
Design Document Review (VE Analysis, Constructability Review) $3,019.62 
GMP Proposal (Clarifications, DBE Compliance, GMP Copies) 
$7,675.28
Scheduling (Design schedule, construction scheduling) 
$585.74
Vendor Outreach (pre qualification, vendor solicitation, etc.) 
$2,207.11
Total Contract Amount, not to exceed: 
$23,667.43
3.1 PAYMENTS
A. 
Requests for monthly payments by the CMAR will be Subitiitted to the Contract 
Administrator on the City’s “Payment Request” form and will be accompanied by a 
progress report, detailed invoices, and receipts, if applicable. Any Payment 
Request, as defined in Article 8, will include, at a minimum, a narrative description 
of the tasks accomplished during the billing period, a listing of any Deliverables 
submitted, and copies of any Subcontractors’ requests for payment, plus similar 
narratives and listings of Deliverables associated with their Work. Payment for 
services negotiated as a lump sum will be made in accordance with the percentage 
of Work completed during the preceding month. Services negotiated as a not-to- 
exceed fee will be paid in accordance with the work effort expended on that service 
during the preceding month.
B. 
The fees for the CMAR and any Subcontractors will be based upon rate 
schedule(s) attached as Exhibit B.
C. 
In the event CMAR incurs expenses related to a delay for which the City is 
responsible pursuant to A.R.S. §34 609(E), as amended, the CMAR and the City 
will negotiate an equitable adjustment to the Project Schedule and/or Contract 
Amount. This provision does not void any other section of this Contract that 
requires notice of delays, provides for arbitration or other procedures for settlement 
or provides for liquidated damages.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
D. 
The GMAR agrees that no charges or claims for costs or damages of any type will 
be made by it for any delays or hindrances beyond the reasonable control of the 
City during the progress of any portion of the services specified in this Contract. 
Any delays or hindrances wiil be solely compensated for by an extension of time 
for a reasonable period as. may be mutually agreed between the parties. It is 
agreed, however, that permitting the CMAR to proceed to complete any services, 
in whole or in part, after the date to which the time of compietion may have been 
extended, will in no way act as a waiver on the part of the City of any of its legal 
rights.
E. 
if any service(s) executed by the CMAR is abandoned or suspended in whole or 
in part, for a period of more than one hundred and eighty (180) days through no 
fauit of the CMAR, the CMAR is to be paid for the services performed before the 
abandonment or suspension. If the City suspends the Work for one hundred and 
eighty-one (181) consecutive days or more, the suspension will be a Contract 
termination for convenience.
ARTICLE 4 - CITY'S RESPONSIBILITIES
4.0 The City, at ho cost to the CMAR, wiil furnish the following information:
A. 
One copy of data the City determines is pertinent to the Work. However, the CMAR 
wili be responsible for searching the records and requesting information it 
considers reasonably required for the Project.
B. 
All available data and information pertaining to relevant policies, standards, 
criteria, studies, etc.
C. 
The name of the City employee or City’s representative who will serve as the 
Contract Administrator during the term of this Contract is stated in Article 5.12(A). 
The Contract Administrator has the authority to administer this Contract and will 
monitor the CMAR’s compliance with all terms and conditions stated in this 
Contract. All requests for information from or decisions by the City on any aspect 
of the Work or Deliverables will be directed to the Contract Administrator. The 
Contract Administrator will provide the CMAR with prompt notice if the Contract 
Administrator observes any failure on the part of the CMAR to fulfill its contractual 
obligations, including any default or defect in the Project or non-compliance with 
the Drawings or Specifications. The Contract Administrator has the authority to 
authorize Change Orders up to the limits permitted by the City’s Procurement 
Code, as amended.
4.1
The City additionally will:
A. Contract separately with one or more design professionals to provide Design 
Professional or engineering design services for the Project. The scope of services 
for the Design Professional will be provided to the CMAR for its information. The 
CMAR will have no right to limit or restrict any changes of these services that are 
otherwise mutually acceptable to the City and the Design Professionai.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
B. 
Supply, without charge, all necessary copies of programs, reports, drawings, and 
specifications reasonably required by the CMAR except for those copies whose 
cost has been reimbursed by the City.
C. 
Provide the CMAR with adequate information in its possession or control regarding 
the City’s requirements for the Project.
D. 
Give prompt written notjce to the CMAR when the City becomes aware of any 
default or defect in the Project or non-conformance with the Drawings and 
Specifications.
E. 
Notify the CMAR of changes affecting the budget allocations.
4.2 The City’s Contract Administrator will have authority to approve the Project Budget and 
Project Schedule, and render decisions and furnish information the Contract Adrhinistrator 
considers appropriate to the CMAR.
ARTICLE 5 - CONTRACT CONDITIONS
5.0
PROJECT DOCUMENTS AND COPYRIGHTS
A. 
City Ownership of Project Documents. 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 or Deliverables which are prepared in the 
performance of this Contract (collectively referred to as “Project Documents”) are 
to be and remain the property of the City and are to be delivered to the Contract 
Administrator before the final payment is made to the CMAR; provided, however, 
the CMAR is entitled to retain one record copy of all documents. But in the event 
these Project Documents are altered, modified or adapted without the written 
consent of the CMAR, which consent the CMAR will not unreasonably withhold, 
the City agrees to hold the CMAR harmless to the extent permitted by law, from 
the legal liability arising out of or resulting from the City’s alteration, modification or 
adaptation of the Project Documents.
B. 
CMAR to Retain Copyrights. The copyrights, patents, trade secrets or other 
intellectual property rights associated with the ideas, concepts, techniques, 
inventions, processes or works of authorship pre-existing to this Contract or 
developed or created by the CMAR, its Subcontractors or personnel, during the 
course of performing this Contract or arising out of the Project will belong to the 
CMAR.
C. 
License to City for Reasonable Use. The CMAR grants, and will require its 
Subcontractors to grant a license to the City, and its agents, employees, and 
representatives for an indefinite period of time to reasonably use, make copies, 
and distribute as appropriate the Project Documents, works or Deliverables 
developed or created for the Project and this Contract. This license will also 
include the making of derivative works, subject to the hold harmless provisions 
described above. In the event that the derivative works require the City to alter or 
modify the Project Documents, then Article 5.13 applies.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
D. Documents to Bear Seal. When applicable and required by state law, the CMAR 
and its Subcontractors will endorse, by an Arizona professional seal, all plans, 
works, and Deliverables prepared by them for this Contract, if any.
5.1 
COMPLETENESS AND ACCURACY OF CMAR’S WORK
The CMAR will be responsible for the completeness and accuracy of its reviews, reports, 
supporting data, and all other preconstruction phase Deliverables prepared or compiled in 
accordance with its obligations under this Contract and will at its sole expense correct its 
Work or Deliverables. The fact that the City has accepted or approved the CMAR’s Work 
or Deliverables will in no way relieve the CMAR of any of its responsibilities under this 
Contract, nor does this requirement to correct the Work or Deiiverable constitute a waiver 
of any claims or damages othenA/ise available by law or Contract to the City.
5.2 
ALTERATION IN CHARACTER OF WORK
A. 
In the event an alteration or modification in the character of the Work or Deliverable 
results in a substantial change in this Contract, materially increasing or decreasing 
the scope of services, cost of performance, or Project Schedule, the Work or 
Deliverable will be performed as directed by the City. But before any altered or 
modified Work begins, a Change Order or Contract Modification will be approved 
and executed by the City and the CMAR pursuant to the City’s Procurement Code, 
as,amended. This Change Order or Contract Modification will not be effective until 
approved by the City. The Contract Administrator has the authority to authorize 
Change Orders up to the limits permitted by the City’s Procurement Code, as 
amended.
B. 
Additions to, modifications of, or deletions from the Project provided in this 
Contract may be made, and the compensation to be paid to the CMAR may 
accordingly be adjusted by mutual agreement of the contracting parties.
C. 
No claim for extra Work done or materials furnished by the CMAR will be allowed 
by the City except as provided in this Contract, nor will the CMAR do any Work or 
furnish any material(s) not covered by this Contract unless the Work or material is 
first authorized in writing. Work or material(s) furnished by the CMAR without first 
obtaining written authorization will be at the CMAR’s sole responsibility, cost, and 
expense, and the CMAR agrees that without first obtaining written authorization, 
no claim for compensation for the Work or materials furnished will be made.
5.3 
DATA CONFIDENTIALITY
A. As used in the 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 CMAR or others in the performance of 
this Contract.
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Project No: 26RFSQ058
11565416v6 CMAR Des (Rev. 1.22.2026)
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\

Contract No. 2026-073-COS
B. 
The parties agree that all data, including originals, images, and reproductions, 
prepared by, obtained by, or transmitted to the CMAR in connection with the 
CMAR’s performance of this Contract are confidential and proprietary information 
belonging to the City.
C. 
Except for Subcontractors, Material and Equipment Suppliers, Consultants or 
other like parties necessary to complete the Work or as required by the City, the 
CMAR will not divulge data to any third party without first obtaining the written 
consent of the City. The CMAR 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;
1. 
Data which is or becomes publicly available other than as a result of a 
violation of this Contract;
2. 
Data which was in the CMAR’s possession legally and without restriction 
before its performance under this Contract;
3. 
Data which was acquired by the CMAR in its performance under this 
Contract and which was disclosed to the CMAR by a third party, who to the 
best of the CMAR’s knowledge and belief, had the legal right to make the 
disclosure and the CMAR is not otherwise required to hold the data in 
confidence; or
4. 
Data which is required to be disclosed by the CMAR by virtue of law, 
regulation, or court.
D. 
In the event the CMAR is required or requested to disclose data to a third-party, or 
any other information to which the CMAR became privy as a result of any other 
contract with the City, the CMAR will first notify the City, as provided in this Article, 
of the request or demand for the data. The CMAR will timely give the City sufficient 
facts, so that the City can have a meaningful opportunity to either give its consent 
or take any action that the City may consider appropriate to protect the data or 
other information from disclosure.
E. 
The CMAR, unless prohibited by law, will promptly deliver, as stated in this Article, 
a copy of all data in its possession and control to the City within ten (10) calendar 
days after completion of services. All data will continue to be subject to the 
confidentiality provisions of this Contract.
F. 
The CMAR 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 CMAR, its employees, agents. Subcontractors, 
Suppliers, 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.
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Project No: 26RFSQ058
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Contract No. 2026-073-COS
5.4
PROJECT STAFFING
A. 
Before the start of any Work or Deliverable under this Contract, the CMAR will 
submit to the City an organization chart for the CMAR staff and Subcontractors 
and detailed resumes of key personnel listed in its response to the City’s Request 
for Qualifications or subsequent fee proposals (or any revisions), who will be 
involved in performing the services described in this Contract. Unless otherwise 
informed, the City acknowledges its acceptance of personnel to perform these 
services under this Contract. In the event the CMAR desires to change any key 
personnel from performing the services under this Contract, the CMAR will first 
submit the qualifications of the proposed substituted personnel to the City for 
approval. Key personnel will include, but are not limited to, principal-in-charge, 
contract administrator, superintendent, project director, or those persons 
specifically identified to perform services of cost estimating, scheduling, value 
engineering, and procurement planning. The City will approve all key personnel, 
and approval shall not be unreasonably withheld.
B. 
The CMAR will maintain an adequate number of competent and qualified persons, 
as determined by the City, to ensure acceptable and timely completion of the scope 
of services described in this Contract throughout the period of those services. If 
the City objects, with reasonable cause, to any of the CMAR’s staff, the CMAR wjll 
take prompt corrective action acceptable to the City and, if required, remove the 
personnel from the Project and replace or add new personnel acceptable to the 
City,
5.5
INDEPENDENT CONTRACTOR
The CMAR is and will be an independent contractor and not an employee or agent of the 
City and whatever measure of control the City exercises over the Work or Deliverable will 
be as to the results of the Work only. No provision in this Contract will give or be construed 
to give the City the right to direct the CMAR as to the details of accomplishing the Work 
or Deliverable. CMAR’s performance of the Work of this Contract will be in accordance 
with all applicable laws and ordinances. Upon request, the CMAR shall provide the 
required I.R.S. From W-9 which is available from the IRS website at www.IRS.gov under 
its forms section.
5.6
TERMINATION AND CANCELLATION
A. 
The City has the right to terminate or cancel this Contract or abandon any portion 
of the Project for which services have not been performed by the CMAR.
B. 
Termination for Convenience. The City reserves the right to terminate this Contract 
or any part of it for its sole convenience upon written notice given pursuant to this 
Contract. In the event of termination, the CMAR will immediately stop all Work and 
will immediately cause any of its Suppliers and Subcontractors to cease Work. 
Upon termination, the CMAR will deliver to the City all drawings, special provisions, 
field survey notes, reports, and estimates, entirely or partially completed, in any 
format, including but not limited to written or electronic media, and other Work and 
Deliverables entirely or partially completed, together with all unused materials 
supplied by the City. The CMAR will appraise the Work completed and submit an
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Contract No. 2026-073-COS
C.
appraisal to the City for evaluation. The City will have the right to inspect the 
CMAR's Work or Deliverables to appraise the Work completed. As compensation 
in full for services performed to the date of the termination, the CMAR will receive 
its fee for the percentage of services actually completed. This fee will be in the 
amount to be mutually agreed upon by the CMAR and the City, based on the 
agreed Scope of Work. If there is no mutual agreement, the Contract Administrator 
will determine the percentage of completion of each task detailed in the Scope of 
Work and the CMAR’s compensation will be based upon this determination. The 
City will make this final payment within sixty (60) days after the CMAR has 
delivered the last of the partially completed items. The CMAR will not be paid for 
any Work done after receipt of the notice of termination, nor for any costs incurred 
by the CMAR’s Suppliers or Subcontractors, which the CMAR could reasonably 
have avoided.
Cancellation for Cause. The City may also cancel this Contract or any part of it by 
first giving seven (7) days written notice for cause in the event of any default by 
the CMAR, or if the CMAR 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 Contract Administrator, 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 CMAR will be entitled to amounts due and owing under this Contract 
for Work performed through the date of termination, but will also be liable to the 
City for any and all damages available under this Contract sustained by reason of 
the default which gave rise to the cancellation.
In the event the CMAR is in violation of any applicable Federal, State, County or 
City law, regulation or ordinance, the City may cancel this Contract immediately 
upon giving notice and an opportunity to cure to the CMAR.
In the event the City cancels this Contract or any part of the services contracted 
for, the City will notify the CMAR in writing, and immediately upon receiving this 
notice, the CMAR will discontinue advancing the Work under this Contract and 
proceed to close all operations, and the expenditure, if any, of costs resulting from 
the abandonment or cancellation. Upon termination, or cancellation or 
abandonment, and with the exception of one record copy the CMAR may retain, 
the CMAR will deliver to the City all drawings, special provisions, field survey 
notes, reports, and estimates, entirely or partially completed, in any format, 
including but not limited to written or electronic media, together with all unused 
materials supplied by the City. Use of incomplete data will be at the City's sole 
responsibility. If through any cause, the CMAR fails to fulfill in a timely and proper 
manner its obligations under this Contract, or if the CMAR violates any of the 
covenants. Contracts, or stipulations of this Contract, the City may withhold any 
payments to the CMAR for the purpose of setoff until the exact amount of damages 
due the City from the CMAR is determined by the parties or by a court of competent 
jurisdiction.
The City and the CMAR agree to the full performance of the covenants contained 
in this Contract, except that the City reserves the right, at its discretion and without 
cause, to terminate or abandon any or all services provided for in this Contract, or
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Contract No. 2026-073-COS
abandon any portion of the Project for which services have been performed by the 
CMAR.
5.7
D. 
The CMAR, upon termination, canceilation, or abandonment, will promptly deliver 
to the City ail reports; estimates and other Work or Deliverables entirely or partially 
completed, together with all unused materials supplied by the City.
E. 
The CMAR will appraise the Work completed and submit an appraisal to the City 
for evaluation. The City will have the right to inspect the CMAR’s Work or 
Deliverables to appraise the Work completed.
F. 
The CMAR will receive compensation in full for services satisfactorily performed to 
the date of termination or cancellation. The fee will be paid in accordance with 
Article 3.1 of this Contract and will be an amount mutually agreed upon by the 
CMAR and the City. If there is no mutual agreement, the final determination will 
be made in accordance with Article 5.8. In no event will the fee exceed that stated 
in Article 3.0, except a modified pursuant to this Contract. The City will make the 
final payment within sixty (60) days after the CMAR has delivered the last Of the 
partially or othenwise completed work items and the final fee has been agreed 
upon.
G. 
If the City improperly cancels this Contract for cause, the cancellation for cause 
will be converted to a termination for convenience in accordance with the 
provisions of Article 5.6(B).
FUNDS APPROPRIATION
5.8
If the City Council does not appropriate funds to continue this Contract and pay for 
Contract charges, the City may terminate this Contract at the end of the current fiscal 
period. The City agrees to give written notice to the CMAR at least thirty (30) days before 
the end of its current fiscal period and will pay the CMAR for all approved charges incurred 
through the end of the period.
DISPUTES
5.9
In any unresolved dispute arising out of an interpretation of this Contract or the duties 
required under this Contract, the final determination at the administrative level will be 
made by the Contract Administrator.
WITHHOLDING PAYMENT
The City, in compliance with Title 34 of the Arizona Revised Statutes, reserves the right 
to withhold funds from the City’s progress payments up to the amount equal to the claims 
the City may have against the CMAR, until such time as a settlement on those claims has 
been reached.
5.10 RECORDS/AUDIT
A. Records of the CMAR’s direct personnel payroll, reimbursable expenses related 
to this Project and records of accounts between the City and the CMAR will be
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Contract No. 2026-073-COS
B.
C.
kept on a generally recognized accounting basis and will be available for three (3) 
years after completion of the Project.
From the Effective Date of this Contract and until three (3) years after the date of 
final payment by the City to the CMAR, The City, its authorized representative, or 
the appropriate federal agency, reserve the right to audit the CMAR’s records to 
verify the accuracy and appropriateness of all pricing data, including data used to 
negotiate this Contract and any Change Orders. The City reserves the right to 
decrease the Contract Amount or payments made on this Contract if, upon audit 
of the CMAR’s records, the audit discloses the CMAR has provided false, 
misleading, or inaccurate cost and pricing data. If an audit in accordance with this 
Article, discloses overcharges, of any nature, by the CMAR to the City in excess 
of one percent (1%) of the total contract billings, the actual cost of the City’s audit 
will be reimbursed to the City by the CMAR. Any adjustments or payments which 
must be made as a result of any audit or inspection of the CMAR’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 to the CMAR.
The CMAR will include a provision similar to this Article 5.10 in all of its Contracts 
with Subconsultants, Subcontractors, and Suppliers providing services under this 
Contract to ensure the City, its authorized representative, or the appropriate 
federal agency, has access to the records of its Subconsultants, Subcontractors, 
and Suppliers to verify the accuracy of cost and pricing data. The City reserves 
the right to decrease the Contract Amount or payments made on this Contract if 
the above provision is not included in Subconsultant, Subcontractor, and Supplier 
contracts and one or more of those parties do not allow the City to audit their 
records to verify the accuracy and appropriateness of pricing data.
This audit provision includes the right to inspect personnel records as required by 
Article 7.
5.11 INDEMNIFICATION
To the fullest extent permitted by law, the CMAR, its successors, assigns and guarantors, 
up the assertion of a claim, will 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, 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 negligence, recklessness, or intentional wrongful conduct to 
the extent caused by the CMAR or any of its owners, officers, directors, agents, 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 CMAR 
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 CMAR 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
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Contract No. 2026-073-COS
for Claims arising solely from the negligent or willful acts or omissions of the City, be 
indemnified by the CMAR from and against any and all claims. It is agreed that the CMAR 
will be responsible for primary investigation, defense, and judgment costs where this 
indemnification is applicable. In consideration of the award of this contract, the CMAR 
agrees to waive all rights of subrogation against the City, its officers, agents, and 
employees for losses arising from the work performed by the CMAR for the City.
Insurance provisions in this Contract are separate and independent from the indemnity 
provisions of this Section and shall not be construed in any way to limit the scope and 
magnitude of the indemnity provisions. Nothing in this paragraph shall limit the 
responsibility of the CMAR’s insurer to pay the City for valid claims that are covered by 
the CMAR’s insurance policy. The indemnity provisiohs of this Section shall not be 
construed in any way to limit the scope and magnitude and applicability of the insurance 
provisions.
5.12 NOTICES
A. All notices or demands required by this Contract must be given to the other party 
in writing, delivered by hand or by registered or certified mail at the addresses 
stated below, or to any other address the parties may substitute by giving written 
notice as required by this section.
To City:
Copy to:
City of Scottsdale 
Purchasing Department 
9191 E. San Salvador 
Scottsdale, Arizona 85258
To CMAR:
City of Scottsdale
Matthew Johnson, Contract Administrator 
15000 N Airport Drive, Suite #100 
Scottsdale, Arizona 85260
To Design Professional:
J. Banicki Construction, Inc. 
4720 E. Cotton Gin Loop 
Phoenix, Arizona 85040
Mead & Hunt, Inc.
8800 E. Raintree Dr., Ste 285 
Scottsdale. AZ 85260______
B. Notice by facsimile or electronic (e-mail) wijl not be considered adequate notice as 
required in this Contract.
5.13 INTELLECTUAL PROPERTY
A. 
The CMAR will pay all royalties and license fees associated with its performance 
of services under this Contract.
B. 
The CMAR will defend any action or proceeding brought against the City based on 
any claim that the Work, or any part of it, or the operation or use of the Work or 
any part of it, constitutes infringement of any United States patent or copyright, 
issued now or at some later date.. The City will give prompt written notice to the 
CMAR Of any action or proceeding and will reasonably provide authority.
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Contract No. 2026-073-COS
C.
information and assistance in the defense of the action. The CMAR will defend, 
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 CMAR in any action or proceeding. The 
CMAR agrees to keep the City informed of ail developments in the defense of the 
actions. The City may be represented by, and actively participate through its own 
counsel in any suit or proceedihgs if it so desires.
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 CMAR 
will at its sole expense take reasonable steps to procure the right to operate or use 
the Work. If the CMAR cannot procure this right within a reasonable time, the 
CMAR wili promptly, at the CMAR’s option and at the CMAR’s expense, (a) modify 
the Work so as to avoid infringement of any patent or copyright or (b) replace the 
Work with Work that does not infringe or vioiate any patent or copyright.
Articles 5.13(B) and 5.13(C) above will not be applicable to the extent any suit, 
claim or proceeding based on infringement or violation of a patent or copyright (a) 
relating solely to a particular process or product of a particular manufacturer 
specified by the City and not offered or recommended by the CMAR to the City or 
(b) arising from modifications to the Work by the City or its agents after acceptance 
of the Work, or (c) relating to the copyrights of any specification, drawing, or any 
Design documents provided by the City, the Design Professional, any Consultant 
retained by the City, or by a Subcontractor or Supplier.
E. The obligations stated in this Article 5.13 will constitute the soie Contract between 
the parties relating to liability for infringement or violation of any paterit or copyright.
5.14 CONFLICT OF INTEREST
D.
A. 
To evaluate and avoid potential conflicts of interest, the CMAR Will provide written 
notice to the City, as stated in this Article, of any Work or services performed by 
the CMAR for third parties that may involve or be associated with any real property 
or personal property owned or leased by the City. This notice will be given seven 
(7) business days before the start of the Project by the CmAR for a third-party or 
seven (7) business days before an adverse action as defined below. Written notice 
and disclosure will be sent to the Contract Administrator identified in Article 
5.12(A).
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
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Contract No. 2026-073-COS
3. Using data to produce income for the CMAR or its employees 
independently of performing the services under this Contract, without first 
obtaining the written consent of the City.
C. 
The CMAR represents that except for those persons, entities and projects 
identified to the City, the services to be performed by the CMAR 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 CMAR’s failure to provide a written notice and disclosure of the information as 
stated in this Article on Conflicts of Interest Will constitute a material breach of this 
Contract.
E. 
City’s Right of Cancellation. Pursuant to A.R.S. § 38-511, as amended, the City 
may cancel any contract or agreement, without penalty or obligation, if any person 
significantly involved in initiating, negotiating, securing, drafting, or creating the 
contract on behalf of the City’s departments or agencies is, at any time while the 
contract or any extension of the contract is in effect, an employee of any other 
party to the contract in any capacity or a contractor to any other party to the 
contract with respect to the contract’s subject matter. The cancellation will be 
effective when all other parties to the contract receive the City’s written notice 
unless the notice specifies a later time.
5.15 
CONTRACTOR'S LICENSE
Before any award of this Contract, the CMAR must provide to the City’s Capital Project 
Management Office, its Contractor’s License Classification and number and its Federal 
Tax I.D. number and Federal W-9 Form.
5.16 
SUCCESSORS AND ASSIGNS
This Contract will extend to and be binding upon the CMAR, its successors and assigns, 
including any individual, company, partnership, or other entity with or into which the CMAR 
will merge, consolidate, or be liquidated, or any person, corporation, partnership, or other 
entity to which the CMAR will sell its assets. Except that services covered by this Contract 
may not be assigned or sublet in whole or in part without first obtaining the written consent 
of the Purchasing Director and Contract Administrator.
5.17 
FORCE MAJEURE
Neither party will be responsible for delays or failures in performance resulting from acts 
beyond their control. These acts include, but are not limited to, acts of God, riots, acts of 
war, epidemics, labor disputes not arising out of the actions of the CMAR, governmental 
regulations imposed after the fact, fire, communication line failures. Or jaoWer failures.
5.18 
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. CMAR, its Subcontractors, Subconsultants and Suppliers, shall pay all Federal,
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Contract No. 2026-073-COS
state and local taxes applicable to its operation and any persons empioyed by the CMAR, 
its Subcontractors, Subconsultants and Suppliers, except as. may be otherwise provided 
in this Contract. The CMAR shall, and also require its Subcontractors, Subconsultants 
and Suppliers 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.
5.19 
NON-WAIVER PROVISION
The failure of either party to enforce any of the provisions of this Contract or to require 
performance by the other party of any of the provisions of this Contract will not be 
construed to be a waiver of these provisions, nor will it affect the validity of this Contract 
or any part of it, or the right of either party to enforce each and every provision.
5.20 
GOVERNING LAW AND VENUE
This Contract 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. An action to enforce any provision of this Contract or to obtain 
any remedy will be brought in the Superior Court, Maricopa County, Arizona. Such action 
must be fiied, 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 that Court 
and waives the right to have such action removed to Federal District Court.
5.21 
SURVIVAL
All warranties, representations and indemnifications by the CMAR will survive the 
completion or termination of this Contract.
5.22 
MODIFICATION
The Contract Documents may not be changed, altered, or amended in any way except as 
consistent with the City of Scottsdale Procurement Code, as amended.
5.23 
SEVERABILITY
If any provision of this Contract or its application to any person or circumstance is invalid, 
illegal or unenforceable to any extent, the remainder of the Contract 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 A.R.S. § 41-194.01, should the Attorney 
General give notice to the City that any provisions of this 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 CMAR shail, within ten (10) days after such notice, negotiate in good faith to 
resolve any issues related to the severed provision(s).
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Contract No. 2026-073-COS
5.24 
ENTIRE AGREEMENT
The Contract Documents form the entire Contract between the City and Contractor. No 
oral representations or other Contracts have been made by the parties except as 
specifically stated in the Contract Documents.
5.25 
TIME IS OF THE ESSENCE
Time of each of the terms, covenants, and conditions of this Contract is expressly made 
of the essence.
5.26 
THIRD PARTY BENEFICIARY
All duties and responsibilities undertaken in compliance with this Contract are for the sole 
and exclusive benefit of the City and the CMAR and not for the benefit of any other party. 
In no event will any contractual relationship be created or be construed to be created as 
between any third-party and the City as a result of this Contract.
5.27 
COOPERATION AND FURTHER DOCUMENTATION
The CMAR agrees to provide the City any other properly executed documents as may be 
reasonably requested by the City to implement the intent of this Contract.
5.28 
CONFLICT IN LANGUAGE
The performance of all services. Work or Deliverables pursuant to this Contract will 
conform to, all applicable City of Scottsdale codes, ordinances and requirements as 
outlined In this Contract and consistent with the Scope of Work described herein. If there 
, is a conflict in interpretation between provisions in this Contract and any Exhibits, the 
provisions in this Contract will prevail.
5.29 
ATTORNEY’S FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising 
out of this Contract, or on account of any breach of default, the prevailing party will be 
entitled to receive from the other party reasonable attorney’s fees and reasonable costs 
and expenses, determined by the court sitting without a jury, which will be considered to 
have accrued on the commencement of the action and will be enforceable whether or not 
the action is prosecuted to judgment.
5.30 
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.
5.31 
COOPERATIVE USE OF CONTRACT
In addition to the City of Scottsdale, this Contract may be extended for use by other 
rnunicipalities, government agencies, and governing bodies, including the Arizona Board
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Contract No. 2026-073-GOS
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 CMAR.
ARTICLE 6 - INSURANCE
6.0 INSURANCE REQUIREMENTS
A. 
Concurrently with the execution of this Contract, the CMAR must furnish the City 
a standard insurance industry ACORD form. The ACORD form must be issued by 
an insurance company authorized to transact business in the State of Arizona, or 
one that is named on the List of Qualified Unauthorized Insurers maintained by the 
Arizona Department of Insurance.
B. 
The CMAR, 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 CMAR, 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 CMAR from liabilities that might arise out of the 
performance of the seh/ices contracted for under this Contract by the CMAR, his 
agents, representatives, employees, Subcontractors or Subconsultants and the 
CMAR is free to purchase any additional insurance as may be determined 
necessary. The City will not pay for higher limits, but if the CMAR pays for 
insurance with higher limits, the CMAR will name the City as an additional insured 
on any of this 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. 
Deductibles and Self-Insured Retentions. The policies stated in this Article may 
provide coverage which contains deductibles or self-insured retention amounts. 
Any deductibles or self-insured retention are not applicable to the policy limits 
provided to the City. The CMAR is solely responsible for any deductible or self-
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Contract No. 2026-073-COS
insured retention amount. The City, at its option, may require the CMAR to 
secure payment of any deductible or self-insured retention by a surety bond or 
irrevocable and unconditional Letter of Credit. Any self-insured retentions and 
deductibles must be declared to and approved by the City. If not approved, the 
City may require that the insurer reduce or eliminate any self-insured retentions 
with respect to the City, its officers, officials, agents, employees, and volunteers.
6.1
MINIMUM SCOPE AND LIMITS OF INSURANCE
The CMAR must provide coverage at least as broad and with limits of liability not less than 
those stated below.
A.
Commercial General Liability-Occurrence Form
General Aggregate
Products-Completed Operations Aggregate 
Personal & Advertising Injury 
Each Occurrence 
Fire Damage (Any ohe fire)
Medical Expense (Any one person)
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$100,000
Optional
CMAR must maintain “occurrence” form Commercial General Liability insurance 
with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products 
and Completed Operations Annual Aggregate, and a $2,000,000 operations, 
independent contractors, products completed operations, personal injury arid 
advertising injury. If any Excess insurance is utilized to fulfill the requirements of 
this paragraph, the Excess insurance must be “follow form” equal or broader in 
coverage scope than Underlying insurance.
B. Automobile Liabilitv-Anv Auto or Owned. Hired and Non-Owned Vehicles
C.
Combined Single Limit Per Accident 
For Bodily Injury and Property Damage
$1,000,000
CMAR must maintain Business/Automobile Liability insurance with a limit of 
$1,000,000 each accident on CMAR owned, hired, and non-owned vehicles 
assigned to or used in the performance of the CMAR’s work or services under this 
Contract. If any Excess insurance is utilized to fulfill the requirements of this 
paragraph, the Excess insurance must be “follow form” equal or broader in 
coverage scope than underlying insurance.
Workers’ Compensation and Employers Liability
Workers’ Compensation 
Employers Liability: Each Accident 
Disease - Each Employee 
Disease - Policy Limit
Statutory
$500,000
$500,000
$1,000,000
CMAR must maintain Workers Compensation insurance to cover obligations 
imposed by federal and state statutes having jurisdiction of CMAR employees
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Contract No. 2026-073-COS
D.
engaged in the perfornriance of work or services under this Contract and must also 
maintain Employers’ Liability insurance of not less than $500,000 for each 
accident, $500,000 disease for each employee and $1,000,000 disease policy 
limit. 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 CMAR for the City.
coverage Terms and Required Endorsements
1. 
The Commercial General Liability and Automobile Liability policies are to 
contain, or be endorsed to contain, the following provisions: The City,, 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 CMAR including the City's general supervision of CMAR; 
products and completed operations of CMAR; and automobiles owned, 
leased, hired, or borrowed by CMAR.
2. 
Except for Contractors Professional Liability and Workers Compensation 
insurance, for all insurance policies required under this Contract, the City, 
its officers, officials, agents, and employees must be additional insureds to 
the full limits of liability purchased by the CMAR even if those limits of 
liability are in excess of those required by this Contract.
3. 
Except for Contractors Professional Liability and Workers Compensation 
insurance, all insurance policies required under this Contract, including any 
excess insurance policies, 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 must be in excess of the coverage provided by the CMAR and 
must not contribute to it.
4. 
For all insurance policies required under this Contract, insurance coverage 
must apply separately to each insured against whom claim is made or suit 
is brought, except with respect to the limits of the insurer's liability.
5. 
For all insurance policies required under this Contract, insurance coverage 
must not be limited to the liability assumed under the indemnification 
provisions of this Contract.
6. 
All insurance policies required under this Contract must contain a waiver of 
subrogation against the City, its officers, officials, agents, and employees, 
for losses arising from Work performed by the CMAR for the City.
7. 
For all insurance policies required under this Contract, if the CMAR 
receives notice that any of the required policies of insurance are materially 
reduced or cancelled, it will be CMAR’s responsibility to provide prompt 
notice to the Contract Adrtiinistrator for the City, unless such coverage is 
immediately replaced with similar policies.
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Project No: 26RFSQ058
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Contract No. 2026-073.GO.S
8. 
Unless CMAR’s Subconsultants and Subcontractors can provide the same 
level of coverage as detailed in this Article 6;1 and name the City and 
CMAR as Additional Insureds, GMAR’s certificates must include all 
Subcontractors and Subconsultants as insureds under its policies or CMAR 
must nriaintain separate certificates and endorsements for each 
Subcontractor and Subconsultant. All coverages for Subcontractors and 
Subconsultants must be in the amounts shown in this Article 6.1, except for 
the General Liability Each Occurrence limit, which shall be $1,000,000. 
Certificates must contain a provision that the insurance will hot be canceled 
or materially altered without at least thirty (30) days advance notice to the 
City.
9. 
The CMAR, its successors or assigns, is required to maintain Commercial 
General Liability insurance as specified in this Contract for a minimum 
period of three (3) years following completion and acceptance of the Work. 
The CMAR must submit Certificates of Insurance evidencing the 
Commercial General Liability insurance during this three (3) year period 
containing all the insurance requirements stated in this Contract including 
naming the City of Scottsdale, its agents, representatives, officers, 
directors, officials and employees as Additional Insured as required.
10. 
The Commercial General Liability policy will be at least as broad as the 
Insurance Service Office, Inc.’s GG 0 0 01 07 98.
11. 
The CMAR’s Insurance rriust contain broad form contractual liability 
coverage and must not exclude liability arising out of explosion, collapse, 
or underground property damage hazards (“XCU”) coverage.
6.2 OTHER INSURANCE REQUIREMENTS
The policies are to contain, or be endorsed to contain, the following provisions:
A. Contractors Professional Liability. The CMAR must carry Contractors Professional 
Liability insurance to cover the residual, contingent, and passive design exposures 
of the CMAR.
B. Contractors Professional Limits of Liability. The CMAR 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 CMAR, its successors:and or assigns, is required to maintain this Professional 
Liability insurance as specified in this Contract for a minimum period of three (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 three (3) year period. In the event the 
Professional Liability insurance policy is written on a “c|airris made” basis, 
coverage will extend for three (3) years past completion and acceptance of the 
work or services, and the CMAR, orthe Design Professional will submit Certificates 
of Insurance as evidence the required coverage is in effect. The Design 
Professional must annually submit Certificates of Insurance citing that the 
applicable coverage is in force and contains the required provisions for a 3 year
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Contract No. 2026-073-COS
period. If there is no Professional Liability work or service as a part of this Contract, 
the City will waive the Professional Liability insurance requirement in writing.
6.3 
NOTICE OF CANCELLATION
If the CMAR receives notice that any of the required policies of insurance are materially 
reduced with respect to the minimum limits required under this Contract. It will be CMAR’s 
responsibility to provide prompt notice to the City’s Contract Administrator, 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, except after first giving thirty (30) days 
written notice, by certified mail, return receipt requested to:
Matthew Johnson
Aviation Department
15000 N. Airport Drive, Suite #100
Scottsdale, Arizona 85260
6.4 
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers properly licensed or approved unlicensed 
companies in the State of Arizona and with an A. M. Best’s 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 CMAR from potential insurer insolvency. Failure to maintain insurance as 
required may result in termination of this Contract at the City’s sole discretion.
6.5 
VERIFICATION OF COVERAGE
A. 
The CMAR 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 for each insurance policy 
are to be signed by a person authorized by that insurer to bind coverage on its 
behalf. Any policy endorsements that restrict or limit coverages must be clearly 
noted on the Certificate of Insurance.
B. 
All certificates and endorsements are to be received and approved by the City 
before the Project commences, except for Builder’s Risk-Installation Insurance. 
Each insurance policy required by this Contract must be in effect on or before the 
earlier of the start the Project or the signing of this Contract, except for Builder’s 
Risk-Installation Insurance which, if required by the City, must be in effect before 
the start of 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. 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 CMAR’s Certificate and
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Contract No. 2026-073-COS
delay in contract execution. Additional Certificates of Insurance submitted without 
referencing a Contract number will be subject to rejection and returned or 
discarded.
6.6
APPROVAL
Any variation from the requirements in this Article 6 must be approved by the City’s Risk 
Management Division, whose decision yvill be final. Said amendment will not require a 
formal contract modification but may be made by administrative action.
ARTICLE 7 - FEDERAL AND STATE LAW
7.0 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
The CMAR understands and acknowledges the applicability to it of the American with 
Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug Free Workplace 
Act of 1989, Fair Labor Standards Act, Age Discrimination in Employment Act, Family and 
Medical Leave Act, National Labor Relations Act, Occupational Safety and Health Act, 
and other local, state or federal law governing CMAR’s labor and employment practices. 
CMAR agrees to comply with these laws in performing this Contract and to permit the City 
to verify compliance. CMAR further agrees that any violation of provision on the part of 
CMAR, its employees, agents or assigns will constitute a material breach of this Contract.
CMAR 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. 
CMAR 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 CMAR warrants to the City that the 
CMAR and aii its subcontractors wiii compiy with ali Federal Immigration laws and 
regulations that relate to its employees and that the CMAR 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 CMAR or any of its Subcontractors will be considered a 
material breach of this Contract and may subject the CMAR 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 CMAR or any 
Subcontractor who works on this Contract to ensure that the CMAR or any Subcontractor 
is complying with the warranty given above.
The City may conduct random verification of the employment records of the CMAR and 
any of its Subcontractors to ensure compliance with this warranty. The CMAR 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 related to the performance of the Work.
The City will not consider the CMAR or any of its Subcontractors in material breach of this 
Contract if the CMAR 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), as amended. The “E-Verify Program” means the employment verification pilot
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Contract No. 2026-073-COS
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 CMAR 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 
CMAR will take appropriate steps to assure that all Subcontractors comply with the 
requirements of the E-Verify Program. The CMAR’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.
7.1 
EQUAL EMPLOYMENT OPPORTUNITY
For the duration of this Contract, CMAR represents and warrants it will comply with all 
applicable local, state and federal laws governing equal employment opportunities, or 
prohibiting employment or other discrimination based on any protected characteristic 
including but not limited to actual or perceived race, color, religion, sex, age, disability, 
national origin, sexual orientation, gender identity, or U.S. military status. City of 
Scottsdale Revised Code, Chapter 15 mandates CMAR compliance with the policies 
contained therein. CMAR agrees that any violation of provision on the part of CMAR, its 
employees, agents or assigns will constitute a material breach of this Contract.
The CMAR will include the terms of this provision in all contracts and subcontracts for 
work performed under this Contract, including supervision and oversight. The CMAR will, 
in all solicitations or advertisements for employees placed by or on behalf of the CMAR, 
state that all qualified applicants will receive consideration for employment without regard 
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
7.2 
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. To avoid the appearance of 
impropriety, CMAR shall not make any donation to the City, of any goods or services 
during the term of this Contract, unless it has specifically been approved by the City 
Manager or designee.
7.3 
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
CMAR acknowledges that, pursuant to 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. CMAR shall 
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; provided, 
however, that CMAR shall not be responsible for violations that occur based on the 
drawings, specifications, or other Design Documents provided by the City, the City’s 
consultants, or the Design Professional. CMAR agrees not to discriminate against 
disabled persons in the provision of services, benefits or activities provided under this 
Contract and further agrees that any violation of this prohibition on the part of CMAR, its 
employees, agents, or assigns will constitute a material breach of this Contract.
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Contract No. 2026-073-GOS
7.4
NO BOYCOTT OF ISRAEL
By submitting a quote/proposal/bid and/or entering into a contract with the City, CMAR 
certifies that it is not currently engaged in and will not for the duration of this contract 
engage in boycott activity proscribed by A.R.S. § 35-393 etseq, as amended.
7.5 FORCED LABOR PROHIBITIONS
Pursuant to A.R.S. § 35-394, as amended, CMAR warrants and certifies that it does not 
currently, and agrees for the duration of this Contract that it will not use:
1) The forced labor of ethnic Uyghurs in the People's Republic of China.
2) Any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China.
3) Any contractors, subcontractors or suppliers that use the forced iabor or any, goods or 
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
If CMAR becomes aware during the term of this Contract that CMAR is not in compliance 
with this Section, CMAR shall notify the City within five (5) business days after becoming 
aware of the noncompliance. The failure of CMAR to provide a written certification that 
CMAR has remedied the noncompliance within one hundred eighty (180) days after 
notifying the City of its noncompliance will result in automatic termination of this Contract, 
unless an earlier contract termination, cancellation, or expiration date applies.
ARTICLE 8 - TERMS AND DEFINITIONS
Addenda - Written or graphic instruments issued before the submittal of the GMP Proposal(s), 
which clarify, correct, or change the GMP Proposal(s) requirements.
Allowance - means an agreed amount by the City and the CMAR for items or services which may 
be required to complete the Scope of Work.
Alternate Systems Evaluations - Alternatives for design, means, and methods or other scope of 
work considerations that are evaluated Using value engineering principles and have the potential 
to reduce construction costs while still delivering a quality and functional Project that meets City 
requirements.
Change Order - A written order signed by an authorized representative of the City and CMAR and 
which approves changes in the total compensation or time allowed for completion of services 
consistent with the City of Scottsdale Procurement Code, as amended.
City (“Owner”) - means the City of Scottsdale, an Arizona municipal corporation. Regulatory 
activities handled by the City of Scottsdale Development Services, Planning and Fire 
Departnients or any other City department are not subject to the responsibilities of the City under 
this Contract.
CMAR (“Construction Manager at Risk”) - means a project delivery method in which:
(a) There is a separate contract for design services with one or more Design 
Professional and a separate contract for construction services, except that
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Contract No. 2026-073-COS
instead of a single contract for construction services, the City may elect separate 
contracts for preconstruction services during the preconstruction phase, for 
construction during the construction phase and for any other construction 
services.
(b) 
The contract for preconstruction services may be entered into at the same tjme 
as the contract for design services with the Design Professional or at a later time.
(c) 
Design and construction of the project may be either;
(i) 
Sequential with the entire design complete before construction 
commences.
(ii) 
Concurrent with the design produced in two or more phases and 
construction of some phases commencing before the entire design is 
complete.
(d) 
Finance services, maintenance services, operations services, preconstruction 
services and other related services may be included.
City’s Project Contingency - means a fund to cover cost growth during the Project used at the 
discretion of the City usually for costs that result from the City’s direct changes or unforeseen site 
conditions. The amount of the City’s Project Contingency may be set solely by the City and will 
be in addition to the project costs included in the CMAR’s GMP package. The City’s Project 
Contingency is an amount to cover changes initiated by the City, which may be incorporated into 
the GMP as an Allowance at the City’s discretion.
Contract (the "Contract”) - This written document signed by the City and the CMAR covering the 
preconstruction phase of the Project, and including other documents itemized and referenced in 
or attached to and made part of this Contract.
Contract Administrator - means the person designated in Article 5.12.
Construction Documents - The plans, specifications, and drawings prepared by the Design 
Professional after correcting for permit review requirements and incorporating Addenda and 
approved Change Orders, and the Preconstruction Contract and the CMAR Construction 
Contract.
CMAR Construction Fee - The CMAR’s administrative costs, home office overhead, and profit, 
whether at the CMAR’s principal or branch offices. This includes the administrative costs and 
home office costs and any limitations or exclusions that may be included in the General Conditions 
for the construction phase.
Contract Amount - The final approved not-to-exceed budget for this Contract as identified in Article 
3.0.
Contract Documents - means the following items and documents in descending order of 
precedence executed by the City and the CMAR; (i) all written modifications. Addenda, and 
Charige Orders; (ii) the CMAR Construction Contract; (iii) this Preconstruction Contract, including 
all exhibits and attachments; (iv) written Supplementary Conditions; (v) Construction Documents; 
(vi) GMP Plans and Specifications.
Contract Time(s1 - The number of days or the dates related to the contract time for the 
Preconstruction Phase Services Contract.
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Project No; 26RFSQ058
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Contract No. 2026-073-COS
Cost of the Work (Direct Costs) - The direct costs necessarily incurred by the CMAR in the proper 
performance of the Work. The Cost of the Work must include direct labor costs, subcontract 
costs, costs of materials and equipment incorporated in the completed construction, costs of other 
materials and equipment, whether provided by CMAR or a third party, materials testing, and 
warranty work together with self-performed work that the CMAR established in the Sub-Contractor 
Selection Plan. The Cost of the Work will not include the general conditions, CMAR’s construction 
fee, taxes, bonds, or insurance costs.
Day - Calendar day(s) unless otherwise specifically noted in the Contract Documents.
Deliverables - The work products prepared by the CMAR in performing the Scope of Work 
described in Exhibit A of this Contract. Major Deliverables to be prepared and provided by the 
CMAR during the preconstruction phase 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, GMP Proposals, Subcontractor procurement plan, Subcontractor Contracts, 
Subcontractor bid packages. Supplier Contracts, and others as indicated in this Contract or 
required by the Project Team.
Design Team or Design Professional - refers to licensed design professionals that have been 
selected to work on the Project by the City. The Design Team has a services contract to furnish 
the design and may or may not provide professional inspections for the Project. The Design Team 
is led by Brad Mikulecky PE, a licensed Professional Engineer.
Drawings (Plans) - Documents which visually represent the scope, extent, and character of the 
Work to be furnished and performed by the CMAR during the construction phase and which have 
been prepared or approved by the Design Professional and the City. Drawings include 
documents that have reached a sufficient stage of completion and released by the Design 
Professional solely for the purposes of review or use in performing constructability or biddability 
reviews and in preparing cost estimates (e.g. conceptual design Drawings, preliminary design 
Drawings, detailed design Drawings at 30%, 60%, 90% or 100%), but “not for construction”. 
Drawings do not include shop drawings.
Effective Date of this Contract - The date specified in this Contract on which the Contract becomes 
effective, but if no date is specified, the date on which the City executes this Contract.
General Conditions Costs - The negotiated amount of project supervision and other indirect costs 
according to construction terms. These costs are not reflected in other GMP items. Costs may 
include, but are not limited to, the following: Project Manager, Superintendent, Full-time General 
Foremen, workers not included as direct labor costs engaged in support (e.g. loading/unloading, 
clean-up, etc.) and administrative office personnel. Other costs may include: temporary office, 
fencing and other facilities, office supplies, office equipment, minor expenses, utilities, vehicles, 
fuel, sanitary facilities, and telephone services at the site.
GMP Plans and Specifications - The plans and specifications provided in accordance with Article 
1.6(C) upon which the Guaranteed Maximum Price Proposal is based.
Guaranteed Maximum Price or “GMP” means the sum of the maximum price of the Work as given 
in the GMP proposal; the CMAR’s Direct Costs including the Subcontractor Costs of Work and 
the CMAR’s Cost of Work, the CMAR Indirect Costs including the CMAR’s Construction Fee;
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Project No: 26RFSQ058 
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Contract No. 2026-073-COS
General Conditions, Taxes, Payment and Performance Bonds, Insurance Costs, and City’s 
Project Contingency as more fully described in Article 1.5 of this Contract.
Guaranteed Maximum Price (GMPI Proposal - The offer or proposal of the CMAR submitted on 
the prescribed form stating the GMP prices for the entire Work (which includes Cost of the Work, 
General Conditions, Taxes, Bonds, Insurance) or portions of the Work to be performed during the 
construction phase. The GMP Proposal(s) are to be developed in compliance with Article 1.6 of 
this Contract.
Indirect Costs- include the General Conditions, Payment and Performance Bonds, Insurance and 
Taxes.
Legal Requirements - means all applicable federal, state and local laws, codes, ordinances, rules, 
regulations, orders and decrees of any government or quasi-governmental entity having 
jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.
Notice-to-Proceed - A written notice given by the City to the CMAR fixing the date on which the 
CMAR will start to perform the CMAR’s obligations under the Construction Services Contract.
Payment Request - The form that is accepted by the City and used by the CMAR in requesting 
progress payments or final payment and which will include any supporting documentation as is 
required by the Contract Documents or the City, and is based on a monthly estimate of the dollar 
value of the Work completed.
Preconstruction Services - means advice given during the preconstruction phase. 
Preconstruction Services will be contracted for between the City and the CMAR, as required by 
A.R.S. §34-603. Services may include the following; design review, project scheduling, 
constructability reviews. Alternate Systems Evaluation, cost estimates, GMP preparation, and 
subcontractor bid phase services.
Project - The Scope of Work as described in the Recital above and Exhibit A attached.
Project Team - Preconstruction phase services team consisting of the Design Professional, the 
CMAR, the Contract Administrator, the City’s representatives and other stakeholders who are 
responsible for making decisions regarding the Project.
Samples - Physical examples that illustrate materials, equipment, or workmanship representative 
of a part of the construction phase Work and which establish the standards by which that portion 
of the construction phase Work will be judged.
Schedule of Values (SOV) - means the Document specified in the construction phase, which 
divides the Contract Price into pay items, so 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 CMAR or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor 
to illustrate some portion of the Work.
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Contract No. 2026-073-COS
Site - means the land or premises on which the Project is located generally described as 
approximately 24 acres located at Scottsdale Airport. 15000 N. Airport Drive, Scottsdale, AZ. The 
CMAR will include in its contract with Subcontractors the street or physical address of the 
construction site.
Specifications - The section(s) 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 - means any person or entity retained by the CMAR as an independent, contractor 
to perform a portion of the Work and must include material, workers, and suppliers. All 
subcontractors must be selected in accordance with the selection plan stated in Article 1.8.
Subconsultant - A person, firm, or corporation having a Contract with the CMAR to furnish services 
required as its independent professional associate or consultant with respect to the Project.
I
Substantial Completion. - 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 the Project 
for its intended purposes. This may include, but is not limited to: (a) approval by the City Fire 
Marshall and local authorities (Certificate of Occupancy); (b) issuance of elevator permit; (c) 
demonstration to the City that.all systems are in place, functional, and displayed to the City or its 
representative; (d) installation of all materials and equipment; (e) City review and acceptance of 
all systems; (f) City review and acceptance of draft O&M manuals and record documents; (g) City 
operation and maintenance training completed; (h) HVAC test and balance completed [provide 
minimum 30 days before the projected substantial completion]; (i) completed landscaping and 
Site work; and (j) final cleaning.
Supplier - A manufacturer, fabricator, supplier, distributor, materialmen or vendor having a direct 
contract with the CMAR or with any Subcontractor to furnish materials or equipment to be 
incorporated in the construction phase Work by the CMAR or any Subcontractor.
Work - 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 sen/ices and documents as required 
by the Contract Documents for the construction phase.
[END OF TEXT- SIGNATURE PAGE TO FOLLOW]
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Project No: 26RFSQ058 
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Contract No. 2026-073-COS
THE CITY OF SCOTTSDALE, by its Mayor and City Clerk have subscribed their names 
this_____day of____________________ , 20___.
CITY OF SCOTTSDALE,
an Arizona municipal corporation
ATTEST:
By:
Lisa Borowsky, Mayor
By:.
Ben Lane, City Clerk
CONSTRUCTION MANAGER AT RISK:
J. Banicki Construction, Inc., an Arizona corporation
By:.
Print Name & Title:
REVIEWED BY:
By-.
Matthew Johnson, City Contract Administrator
By-Lw
Jer II My^A. MPA,WO, NIGP-CPP, CPPB
Purchasing Direct
GeorgeTTroods, Safety & Ris^anagement Director
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Luis ErSantaella, City Attorney 
By: Lydia Tulin, Assistant City Attorney
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Contract No. 2026-073-COS
EXHIBIT A 
SCOPE OF WORK
Preconstruction Phase Services: Preconstruction phase services for the Project rnay include 
but are not limited to the following:
• Review the improvement plans as prepared by Mead & Hunt to assist in the development of 
phasing plan and schedule and to identify long lead items.
• Provide construction schedule and identify long lead items • Provide detailed cost estimating
• Provide construction constructability reviews
• Provide the CMAR’s GMP(s)
Construction Phase Services: Future construction elements may be delivered via one or more 
construction phase services contracts and the CMAR will assume the risk and be responsible for 
delivering the project using a Guaranteed Maximum Price (GMP). The CMAR will be responsible 
for construction means and methods to meet the Project goals. The CMAR is expected to develop 
and follow a subcontractor selection plan, as described in Article 1.8, that solicits bids from 
prequalified subcontractors to perform the work. Construction Phase Services will be determined 
throughout the design/preconstruction phase of the Project.
Project Name: Airport Runway 3-21 Pavement preservation project 
Project No; 26RFSQ058
11565416V6 CMAR Des (Rev. 1.22.2026)
Page 1 of 1

Contract No. 2026-073-COS
EXHIBIT B
HOURLY RATE SCHEDULE
The schedule of hourly labor rates for employees of the CMAR and its Subcontractors or 
Subconsultants are as follows;
Title/Name
Direct Rate ($/Hr)
Total Rate ($/Hrl
Project Director / Mike Abraham 
Pre Con-Manager / Eric Rotner 
Chief Estimator/ Michael Lambesis 
Project Manager/ James Matthews
$176.17
$107.11
$116.98
$88.13
$264.26
$160.67
$175.47
$132.30
Note: Any changes in Project Staffing will require City of Scottsdaie approvai.
■s
Project Name: Airport Runway 3-21 Pavement preservation.project 
Project No: 26RFSQ058
11565416v6 CMAR Des (Rev. 1.22:2026)
Page 1 of 1

Contract No. 2026-073-COS
EXHIBIT C
SUBMITTAL REQUIREMENTS FOR THE GMP 
GMP submittal, one copy for review.
Two (2) copies will be requested by the Capital Project Management prior to contract execution. 
GMP Cost Model Exhibit Contents;
1. 
Scope of Work
2. 
Summary of the GMP .
3. 
Schedule of Values - Direct and Indirect cost summary: Unit prices and quantity 
take-offs using the City’s standard pay items; Details of all Allowances and unit price 
work shown and specified in the detailed design documents; All fixed equipment, site 
improvements, and utility and equipment installations; Field Office overhead; Home 
Officer overhead; Bonds, taxes, insurance; The CMAR Contractor’s fee (percentages for 
self-performed work and subcontractor work when different).
4. 
List of Plans and Specifications used for GMP Proposal
5. 
List of clarification and assumptions
6. 
Subcontractor Bids on Subcontractor Letterhead
7. 
Project Schedule showing critical path construction items
A. 
Scope of Work will consist of a brief description of the work to be performed by CMAR and 
major points that the CMAR and the City must be aware of pertaining to the scope, 
(normally one paragraph is sufficient.)
B. 
A summary of the GMP with a total for each of the components of the GMP as listed in its 
definition in Article 1 as shown in the table below:
C. 
Schedule of Values - spread sheet with the estimated bid or cost organized by subcontract 
categories. Allowances, bid contingency, general conditions costs, taxes, bonds, 
insurances, and the CMAR’s construction phase fee. The supporting document for the 
spreadsheet must be provided in an organized manner that correlates with the schedule 
of values. The backup information shall consist of the request for bids, bids received, and 
clarification assumptions used for the particular bid item listed on the schedule of values, 
if applicable: material costs, equipment costs, labor costs, hourly labor rates, and total 
cost. Labor costs shall include the employee classification, benefits, payroll taxes and 
other payroll burdens. The total cost for any portion of the work to be performed by 
subcontractors shall include subcontractor overhead and profit. Production rates, 
transportation and other facilities and services necessary for the proper execution of the 
work, whether temporary or permanent, and whether or not incorporated or to be 
incorporated into the work. Copies of quotations from subcontractors and suppliers. 
Memoranda, narratives, consultant’s reports and all other information used by the CMAR 
Contractor to arrive at the GMP. The GMP must include all assumptions, descriptions and 
a breakdown of all Allowances.
Project Name: AIRPORT RUNWAY 3-21 PAVEMENT RESTORATION PROJECT 
Project No:26RFSQ058
11565416v6 CMAR Des (Rev. 1.22.2026)
PAGE l OF 3

Contract No. 2026-073-COS
EXHIBIT C
GMP SUMMARY
AMOUNT
COST OF THE WORK - DIRECT COSTS
AMOUNT
A
B
Sub-Contractors' Cost of the Work (Labor, Materials, 
Equipment, Warranty, Insurance, Profit)
$
CMAR Self-Performed Cost of the Work (Labor, 
Materials, Equipment, Warranty)
$
C Total Cost of the Work (A+B)
$
INDIRECT COSTS
AMOUNT
D General Conditions (Negotiated Amount)
E
$
F
Total Cost of the Work + General Conditions Fee 
(C+D)
$
G
CMAR Construction Fee (% of E or Negotiated Fixed 
Fee) 
$
H
Payment and Performance Bonds (On E. Total Cost of 
the Work + General Conditions Fee)
$
Insurance (Additional CMAR's Insurance not provided in 
the Total Cost of the Work)
$
I Subtotal Direct + Indirect Costs (E+F+G+H)
$
J Taxes (Actual Reimbursable limited by Not to Exceed) $
K
Project Subtotal (l+J)
$
L
CITY’S PROJECT CONTINGENCY (As determined by 
the City)
■$.
M
TOTAL GMP (Not to Exceed) (K+L)
$
D. A list of the Plans and Specifications with latest issuance date including all Addenda used 
in preparation of the GMP proposal. The plans used for the GMP must be date stamped 
and signed by CMAR, Design Consultant, and Project Manager using the format below.
Plans Used for Preparation of GMP No.
CMAR
Date
Design Consultant
Date
Project Manager
Date
Project Name; AIRPORT RUNWAY 3-21 PAVEMENT RESTORATION PROJECT 
Project No:26RFSQ058
11565416v6 CMAR Des (Rev. 1.22.2026)
Page 2 of 3

Contract No. 2026-073-COS
EXHIBIT C
E. 
A list of the clarifications and assumptions made by the GMAR in the preparation of the 
GMP proposal, to supplement the information contained in the documents.
F. 
All Subcontractor Bids for the Project on the Subcontractor’s Letterhead.
G. 
A Critical Path Method diagram construetion schedule.
NOTE: The submittal package must be kept as simple as possible all on 8^/4 x 11 sheets. Color 
or shading must be kept to a minimum. If used, make sure the color or shading will not affect the 
reproduction of the submittal in black and white.
Final GMP submittal will consist of the following:
1. 
Two (2) Copies of the GMP (perforated as requested by Bids & Specifications) Velo or 3- 
hole punched.
2. 
One copy of the plans and technical specifications used to arrive at the GMP (signed by 
Design Consultant, CMAR and Project Manager).
Project Name: AIRPORT RUNWAY 3-21 PAVEMENT RESTORATION PROJECT 
Project No;26RFSQ058
11565416v6 CMAR Des (Rev. 1.22.2026)
Page 3 OF 3

Banlck! Construction
A STERLING COMPANY
Contract No. 2026-073-GOS
3. Banicki Construction, Inc.
4720 E. Cotton Gin Loop STE, 240 
Phoenix, AZ 85040
480-921-8016 (phone) 
480-921-9456 (fax)
April 21, 2026
City of Scottsdale Aviation Department 
15000 N. Airport Drive, Ste 100 
Scottsdale, AZ 85260
Attention: 
Matt Johnson
Reference: 
Runway 3-21 Pavement Restoration Project
Subject: 
Preconstruction Services Proposal
Matt,
Per your request, attached is our proposal for preconstruction services on the above referenced project for the 
total amount not to exceed $23,677.43
The following are included in our proposal:
1. The cost of 90% plan review and one GMP preparation is included. The cost of preparing additional 
GMPs will be included in the cost of each additional GMP as needed.
2. The cost of the CPM schedule for one GMP's is included. CPM schedules for additional GMPs will be 
included in the cost of each GMP as needed.
3. The cost to perform a conceptual budget for the total project based on the current level of designed 
plans.
If you have any questions or comments, please contact me at (602)527-5145.
Respectfully submitted, __ _
EricRotner '
Vice President
J. Banicki Construction, INC.
Exhibit D Page 1 of 2

Contract No. 2026-073-COS
Scope of Services / PreconstrucUon Services Tasks April 21, 2026
' f ,
Banicki Construction
A Sterling Construction Company
Firm
Position / Description 
Name 
Rate
Labor
Banicki
Proj. Dir.
Mike
$264.26
Pre Con 
Mgr, 
Eric
$160.67
Sr. Est.
Michael
$175.47
Project
Manager
James
$132.20
Total Labor
Construction Management Plan 
Determine Project Milestone Dates & Project Schedule 
Perform S»e Investigation 
Evaluate Phasing Options 
Determine Anticipated Trades 
Determine Safety & Training Programs 
Assist the Development of Safety Plan 
Develop Quality Control Plan 
Analysis (or SWPPP and Dust Control Plans 
Assist with DBE Goal Compliance
Project Coordination Meetings 
Kickoff Meeting 
Weekly / Bi-Weekly Meetings 
90% Design Review Meeting 
GMP Review Meetings 
Onsite Focused Meetings
Cost Estimates
Conceptual Budget for Entire Scope of Work
GMP Cost Estimate
Provide Miscellaneous Cost Estimates
Design Document Review 
Document Distribution & Collection 
Value Engineering Analysis 
Constructability Review 
Plan & Specification Review 
90% Design Review Report 
Miscellaneous Design Review on Changes
GMP Proposal 
Cost Estimate Setup & Pricing 
Narratives - Scope, Clarifications & Assumptions 
Summarization of Quotes including Detailed Analysis & Quotes 
DBE Compliance Documentation 
Preparat'ion of Electronic & Hard Copies
Project Schedule 
Preliminary Design Schedule 
Preliminary Constmction Schedule 
Design & Construction Schedule Updates
Vendor Outreach, Prequalification & Solicitation 
Prequalification Process - Outreach & Review of Vendor Quallficatbns 
Outreach Documentation & Results Communication 
Development of Scope Narrative & Schedule of Values per Trade 
Vendor Solicitation & Quote Analysis for Selection 
Subtotal
0.5
0
0
0.5
0
0
0
0
0
0
0.5
0
0
0
0.5
0
1.5
0.5
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7
0.5
2
0.5
0.5
1
1
1
0
0.5
7.5
0.5
4
1
1
1
12
6
4
2
8
2
0
2
2
1
1
12
2
1
1
0
8
2
1
1
0
5
2
1
1
1
0.5
0
0
0
0.5
0
0
0
0
0
0.5
0.5
0
0
0
0
20
10
B
2
8
1.5
0.5
2
2
1
1
32
24
0
4
0
4
0
0
0
0
8
2
2
2
2
4.5 
0 
0
0.5
0
1
1
1
1
0
7.5 
0.5
4
1
1
1
0
0
0
0
2.5 
0
0.5
1
1
0
0
$1,939.46
$80
$321
$212
$168
$161
$161
$162
$1
$80
$2,416.39
$234
$1,171
$293
$425
$293
$5,633.83
$2,851
$2,311
$672
$3,019.62
$585
$154
$804
$804
$336
$336
1 $7,675.28 
0 
$4,533
1
0
0
0
2
0
1
1
0
0
0
0
0
$293
$863
$0
$1,987
$585.74
$161
$293
$132
$2,207.11
$672
$512
$512
$512
2.5
53.5
69
17.5
$23,677.43
Pre-Constructlon Summary
Labor
Equipment
$23,677.43
$0
Pre-Constructlon Total
$23,677.43
Exhibit D Page 2 of 2

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