Agreement

City of Chandler — Regular Meeting (2021-02-25)

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City of Chandler Job Order Project Agreement 
 
 
1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
 
 
CITY OF CHANDLER 
JOB ORDER PROJECT AGREEMENT  
 
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL 
IMPROVEMENTS 
Project No. SW2101.401 
 
This JOB ORDER PROJECT AGREEMENT (”Job Order”) is made this ________ day of _________ 2021 (“Effective 
Date”), by and between the City of Chandler, an Arizona municipal corporation, (“City”) and Nesbitt 
Contracting Co., Inc., an Arizona corporation, (“JOC Contractor”) and is entered into pursuant to Job 
Order Master Agreement No. JOC1907.401 (“JOC Master Agreement”). City and JOC Contractor may be 
referred to individually as “Party” or collectively as “Parties”). 
 
City and JOC Contractor, in consideration of the mutual covenants herein set forth, agree as follows:   
 
RECITALS 
 
A. On or about December 11, 2019, the Parties entered into the JOC Master Agreement, which terms and 
conditions are made a part of and incorporated into this Job Order Project Agreement by this reference. 
 
B. City proposes to engage JOC Contractor to remove and replace stormwater concrete channel sections 
at the City’s closed landfill as more fully described in Exhibit "A", which is attached to and made a part of 
this Job Order by this reference. 
 
C. JOC Contractor is ready, willing, and able to provide the services described in Exhibit “A” for the 
compensation and fees set forth and as described in Exhibit ”B”, which is attached to and made a part of 
this Agreement by this reference. 
 
ARTICLE 1.  DESCRIPTION OF WORK 
 
The Parties enter into this Job Order Project Agreement for the SOLID WASTE LANDFILL WEST SIDE 
STORMWATER CHANNEL IMPROVEMENTS, Project Number SW2101.401.  The scope of work consists of 
removal and replacement of stormwater concrete channel sections at the City’s closed landfill, all as more 
particularly set forth in Exhibit “A” attached hereto and incorporated herein by reference. 
 
The JOC Contractor will not accept any change of scope, or change in contract provisions, unless issued in 
writing, as a contract amendment or change order and signed by the authorized signatories for each 
party.

City of Chandler Job Order Project Agreement 
2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
Performance and Payment Bonds, as set forth in Exhibit “C” and Exhibit “D” respectively attached hereto 
and incorporated herein by reference, will be due prior to execution of each Job Order Project Agreement 
in the full amount of each Job Order. 
At project completion, JOC Contractor must complete Contractor's Affidavit Regarding Settlement of 
Claims and Certificate of Completion, as set forth in Exhibit “E” and Exhibit “F” respectively attached 
hereto and incorporated herein by reference. 
ARTICLE 2.  PROJECT PRICE 
City will pay JOC Contractor for completion of the Work in accordance with the JOC Master Agreement 
a fee not to exceed the Guaranteed Maximum Price of $248,712.72 Dollars determined and payable as 
set forth in JOC Master Agreement and Exhibit “B” attached hereto and made a part hereof by reference.  
ARTICLE 3.  CONTRACT TIME & SCHEDULE 
JOC Contractor agrees to complete all Construction within 90 calendar days from the Notice to Proceed 
(NTP) Date.  
ARTICLE 4.  PARTICIPANTS 
CITY: 
Project Manager:  Paul Young 
Phone: 
480-782-3146
Email: 
Paul.young@chandleraz.gov 
JOC CONTRACTOR: 
Nesbitt Contracting Co., Inc. 
100 S. Price Rd. 
Tempe, AZ  85281 
JOC Contractor Representative:  Joe Chavez 
Phone: 
602-339-5367
Email: 
joechavez@nesbitts.com 
SIGNATURE PAGE TO FOLLOW

IN WITNESS WHEREOF, the Parties have executed this Job Order as of the Effective Date. 
"CITY" 
CITY OF CHANDLER: 
MAYOR 
Date 
Recommended By: 
Andrew Goh, P.E. 
CIP City Engineer 
APPROVED AS TO FORM: 
City Attorney 
By: ____ _ 
ATTEST: 
City Clerk 
ADDRESS FOR NOTICE 
City of Chandler 
P.O. Box 4008, Mail Stop 407 
Chandler, AZ 85244-4008 
City of Chandler Job Order Project Agreement 
SEAL 
Public Works & Utilities Department, Capital Projects Division 
"JOC CONTRACTOR" 
Nesbitt Contracting Co., Inc.: 
President 
Title 
ATTEST: If Corporation 
Seerb
ADDRESS FOR NOTICE 
Nesbitt Contracting Co., Inc. 
100 S. Price Rd. 
Tempe, AZ 85281 
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
1/22/21 
Date 
3

City of Chandler Job Order Project Agreement 
A-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
 
EXHIBIT A 
SCOPE OF WORK

Exhibit A 
Scope of Work 
 
 
JOC must perform the following project tasks for Priority One: 
 
- 
Salvage of mulch and protection of slopes 
- 
Removal of existing shotcrete channel 
- 
Excavation and prep for new channel 
- 
Shotcrete of new channel 
- 
Replacement of mulch 
- 
Decomposed granite and site restoration. 
- 
Traffic Control, Unsuitable subgrade, slope disturbance and as-built survey included as 
an allowance. 
- 
Need multiuse path closure with 24-hour single lane closure on Ocotillo and/or McQueen 
for Truck Haul. 
- 
Exclusion: Liner repair, concrete pathway repair (assuming pathway can handle weight of 
dump truck) 
 
 
Thanks,  
Mike Monoscalco 
480-650-8054

EXHIBIT B 
FEE SCHEDULE 
 
City of Chandler Job Order Project Agreement 
B-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020

Negotiated Prices
-
$                        
-
$                        
-
$                        
-
$                        
206,240.00
$           
SUBTOTAL (NEGOTIATED PRICES):
206,240.00
$           
0.08
16,499.20
$             
TOTAL (NEGOTIATED PRICES + OVERHEAD & PROFIT):
222,739.20
$           
Sales Tax Percentage (Current Tax Rate)
5.07%
11,292.88
$             
General Liability Insurance Percentage (Actual Cost per Job Order)
-
$                        
Builder's Risk Insurance Percentage (Actual Cost per Job Order)
-
$                        
Payment Bond (Actual Cost per Job Order)
0.01
2,340.32
$               
Performance Bond (Actual Cost per Job Order)
0.01
2,340.32
$               
SUBTOTAL (INSURANCE, BONDS, & TAXES):
15,973.52
$             
COMBINED TOTAL (TOTAL + INSURANCE, BONDS, & TAXES):
238,712.72
$           
City's Allowance
10,000.00
$             
TOTAL JOB ORDER:
248,712.72
$    
EXHIBIT "B"
JOB ORDER COST PROPOSAL
SUMMARY SHEET
Overhead and Profit (Coefficient per Job Order Master Agreement)
Per the Job Order Master Agreement - This Fee Table includes all fees, costs, insurance and bond premiums, allowances, 
construction contingency, and taxes of any type necessary to fully, propertly and timely perform and construct the Work.  Also per 
the Job Order Master Agreement - For any portion of the Work which, either through this Contract, Change Order or otherwise, is 
performed and paid for on a cost, or time and materials basis, the costs may be reimbursed to JOC Contractor and chargeable 
against the Contract Price will be determined as set forth in MAG 109.5.
Construction Labor (if applicable)
Insurance, Bonds, & Taxes
Price of Subcontractor(s)
Price of Subconsultant(s)
General Conditions
Preconstruction Labor (if applicable)

EXHIBIT E 
 
City of Chandler Job Order Project Agreement 
E-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS 
 
________________________, Arizona 
 
Date ____________________________ 
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.:  
SW2101.401 
To the City of Chandler, Arizona 
Gentlemen: 
This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with 
the construction of the above project, whether by subcontractor or claimant in person, have been duly 
discharged. 
 
The undersigned, for the consideration of $________________________, as set out in the final pay estimate, as 
full and complete payment under the terms of the contract, hereby waives and relinquishes any and all 
further claims or right of lien under, in connection with, or as a result of the above described project.  The 
undersigned further agrees to indemnify and save harmless the City of Chandler against any and all liens, 
claims or liens, suits, actions, damages, charges and expenses whatsoever, which said City may suffer 
arising out of the failure of the undersigned to pay for all labor performances and materials furnished for 
the performance of said installation. 
 
Signed and dated at ________________, this _________ day of _______________ 20_____. 
 
 
__________________________________ 
                       CONTRACTOR 
 
By _______________________________ 
STATE OF ARIZONA 
 
) 
) SS 
COUNTY OF MARICOPA 
) 
 
The foregoing instrument was subscribed and sworn to before me this __________ day of __________________ 
20 _________. 
 
___________________________________ 
 
 
 
 
 
                         Notary Public 
 
                     
 
___________________________________ 
 
 
 
 
 
                          My Commission Expires

EXHIBIT F 
 
City of Chandler Job Order Project Agreement 
F-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS 
Project No.: SW2101.401 
Rev. 9/18/2020 
 
CERTIFICATE OF COMPLETION 
 
Project: 
SOLID WASTE LANDFILL WEST SIDE STORMWATER CHANNEL IMPROVEMENTS   
Project No.: 
SW2101.401 
 
 
(TO BE COMPLETED BY CONTRACTOR) 
 
I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER PROJECT NO. 
SW2101.401 HAVE BEEN DELIVERED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND BID 
SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE CONTRACTOR UNDER THE CONTRACT HAVE BEEN 
COMPLETED AS OF ____________________________. 
 
 
                       (Date) 
FIRM NAME: 
________________________________ 
 
PRINCIPAL: 
________________________________ 
         (Name) 
 
________________________________ 
      (Signature) 
 
________________________________ DATE: ___________________ 
          (Title) 
 
CERTIFIED BY ENGINEER/CONSULTANT (IF APPLICABLE): 
 
_________________________________ 
 
DATE: ____________________ 
      (Signature) 
 
_________________________________ 
 
        (Firm Name) 
  
PROJECT ACCEPTED BY USER DEPARTMENT 
 
_________________________________ 
 
DATE: ____________________ 
         (Signature) 
 
_________________________________ 
 
          (Dept. /Div.) 
_______________ Date of Final Walk-Through 
 
_______________ Date As-Built Received 
 
_______________ City As-Built Number