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6 & CHANDLER WS 261 zZ0NAa Community of Innovation CITY OF CHANDLER, ARIZONA PUBLIC WORKS & UTILITIES DEPARTMENT CAPITAL PROJECTS DIVISION CONSTRUCTION CONTRACT TAXIWAY C REHABILITATION CITY PROJECT NO.: Al2002.401 MAYOR Kevin Hartke VICE MAYOR Mark Stewart COUNCIL Matt Orlando OD Harris Christine Ellis René Lopez Terry Roe Andrew Goh, P.E. CIP City Engineer Rev. 12/1/2020 Page i CITY OF CHANDLER, ARIZONA TAXIWAY C REHABILITATION CITY PROJECT NO.: Al2002.401 TABLE OF CONTENTS ARTICLE 1 - PARTICIPANTS AND PROJECT........cssscsssssssssssssssssssesssssssessesscsessessrssseesaesessuseseessssesseses C-1 ARTICLE 2 - CONTRACT DOCUMENTS.........scssssssssssssssssssssssssssensnsessssssesscesessssessesaesssssessassseeseusreesaes c-2 ARTICLE 3 - CONSTRUCTION SERVICES........cccsssssssssrssssssessssssessesssecssssserssevseessearsrsusecaeecesesensnssenneses c-2 ARTICLE 4 - CITY RESPONSIBILITIES.........ssscssssssssssesssscsssessssereusessncsesssseesasareneveeseseesecauseusesenseseuseeees c-4 ARTICLE 5 - CONTRACT TIME.......ssssssssssssessssccsscescsssscsesessassscssasesesesenssssassesnssneesevacseueveessesecensasensanses Cc-4 ARTICLE 6 - CONTRACT PRICE.........scssssssssssssssoscsscesensesevsssecssssersarensenserssssecsessnasessaseessessaseseeseesseasens C-7 ARTICLE 7 ~ PAYMENT .........csccscssescscessecessesestenesseseesseceseuscecsseeesensausnsensstenuseestsarseuceusesesaesseseseesevenensaee C-7 ARTICLE 8 - CHANGES TO THE CONTRACT ........sccssssssssssssssscssessesssenssessesssasseesescesscssessesesnsessasseeesaes C-7 ARTICLE 9 - SUSPENSION AND TERMINATION ........cscsscssssssssssssssesesssssessesteesssessenssecsssecseensseseneeeses C-7 ARTICLE 10 - INSURANCE AND BONDG........ccccssssesssssresseneseesssreseseeatesensessecescesersessuseeatsneseesesnesestente C-7 ARTICLE 11 - INDEMNIFICATION.........cccsssssssssssesessessessesusenseserssseeseeseesuseeseneaeesensaeesensanenssasensassneaeees C-8 ARTICLE 12 - DISPUTE RESOLUTION ........sccscsssssssssseeecesessessusessestesseseseseeseessesseseseesteseasesssenatseeateosees C-8 EXHIBIT B ~- GENERAL CONDITIONS... EXHIBIT C ~ TECHNICAL SPECIFICATIONS EXHIBIT D - GIS / GPS DATA DELIVERY REQUIREMENTS (IF APPLICABLE)..........ssscsssssssseessenes GIS-1 EXHIBIT E - FEDERAL PROVISIONS (IF APPLICABLE).........csssscssssssssssssssssssesseessssessesessesseuessersenses FP-1 City of Chandler Construction Bid Page ii Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 CONSTRUCTION SERVICES CONTRACT PROJECT NO.: Al2002.401 THIS CONTRACT is made and entered into on the day of , 2021 by and between City of Chandler, an Arizona municipal corporation, hereinafter called “City” and the “Contractor” designated below (City and Contractor may individually be referred to as “Party” and collectively referred to as “Parties”). City and Contractor agree as follows: ARTICLE 1 - PARTICIPANTS AND PROJECT CITY: City of Chandler CIP City Engineer: Andrew Goh Phone: 480-782-3343 Email: andrew.goh@chandleraz.gov CITY: City of Chandler Construction Project Manager: Paul Ahlas Phone: 480-782-3328 Email: paul.ahlas@chandleraz.gov CONTRACTOR: Sunland Asphalt & Construction, LLC 775 W. Elwood Street, Phoenix, AZ 85041 Arizona ROC No.: 111922 Federal Tax ID No.: 86-0455988 Business Organization: limited liability company State Where Organized: Arizona Contractor Representative: Mr. Alex DeClusin Phone: 602-323-2800 Email: alexd@sunlandasphalt.com DESIGN Dibble Engineering PROFESSIONAL: 7878 North 16" St., Ste. 300 Design Professional Representative: Mr. Ryan Toner Phone: 602-957-1155 Email: Ryan.toner@dibblecorp.com PROJECT DESCRIPTION: The Taxiway C Rehabilitation project includes a 3-inch asphalt concrete mill and overlay with geotextile fabric for the entire length of Taxiway C between connector Taxiways H and Q. The project also provides a seal coat application for the existing taxiway shoulders and portions of connector Taxiways H, L, N, P and Q, along with new taxiway pavement markings that meet FAA standards. PROJECT LOCATION: CHANDLER MUNICIPAL AIRPORT, 2380 S STINSON WAY CHANDLER, AZ 85286 City of Chandler Construction Bid Page C-1 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 ARTICLE 2 - CONTRACT DOCUMENTS 2.1 2.2 2.3 CONTRACT DOCUMENTS The Contract between City and Contractor will consist of the following Contract Documents: 1. This Construction Services Contract and all of its Exhibits, including Project Plans and Technical Specifications. 2. General Conditions and General Conditions Appendices, incorporated by reference. 3. Project Specific Special Provisions as set forth in Exhibit A, incorporated by reference. 4. Project Bid Proposal. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents will take precedence as described in Section 14.1.4 of the General Conditions. DEFINITIONS The definitions in Section 2 of the General Conditions apply to all the Contract Documents, including this Agreement. Additional definitions or defined terms applicable to all the Contract Documents for this Project, if any, include the following: n/a ARTICLE 3 - CONSTRUCTION SERVICES 3.1 3.1.1 GENERAL Scope of Work. All terms and conditions are set forth in the Contract. Any terms and conditions and exceptions noted in the Contractor's proposal or other documents do not apply unless agreed to in this Contract or an approved addendum. Contractor agrees this is a Unit Price Contract. Contractor agrees at its own cost and expense, to do all Work necessary required to fully, timely and properly complete the construction of the Project in strict accordance with the Contract Documents in a good and workmanlike manner, free and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions specified, within the Contract time. Contractor must provide all of the labor and materials, and perform the Work in accordance with Section 4 of the General Conditions. Some, but not all, of the major City of Chandler Construction Bid Page C-2 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 components of the Construction Services and the corresponding subsections of Section 4 of the General Conditions are set forth below. 3.1.4 At all times relevant to this Contract and performance of the Work, the Contactor must fully comply with all Laws, Regulations, or Legal Requirements applicable to City, the Project and the Contract, including, without limitation, those set forth on attached Exhibit A. 3.1.5 Contractor must perform the Work under this Contract using only those firms, team members and individuals designated by Contractor consistent with Contractor's accepted Bid, or otherwise, approved by City pursuant to the General Conditions. No other entities or individuals may be used without the prior written approval of the Project Manager. 3.1.6 Contractor must comply with all terms and conditions of the General Conditions. 3.1.7 In the event of a conflict between this Contract and the General Conditions or an exhibit hereto or appendix thereto, the terms of this Contract will control. 3.1.8 Ownership of Work Product. Notwithstanding anything to the contrary in this Contract, all Work Product prepared or otherwise created in connection with the performance of this Contract, including the Work, are to be and remain the property of City. For purposes of this provision, “Work Product” will include all designs, drawings, plans, specifications, ideas, renderings and other information or matter, in whatever form created (e.g., electronic or printed) and in all media now known or hereinafter created. All Work Product will be considered Work Made for Hire as defined in the United States Copyright Act 17 U.S.C. § 101 (Copyright Act). If for any reason, any such Work is found not to be a Work Made for Hire, Contractor hereby transfers and assigns ownership of the copyright in such Work to City. The rights in this Section are exclusive to City in perpetuity. 3.2 CONTRACTOR'S PRE-CONTRACT AND PRE-WORK DELIVERABLES 3.2.1 The Contractor must provide the Deliverables in accordance with Section 4.2 of the General Conditions. 3.2.2. Any additional items which Contractor must deliver to City prior to commencing the Work on this Project, if any, include the following: n/a 3.3 PRE-CONSTRUCTION CONFERENCE Contractor must attend the Pre-Construction Conference in accordance with Section 4.3 of the General Conditions. City of Chandler Construction Bid Page C-3 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 3.4 PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS, SUBCONTRACTORS, AND SUPPLIERS) Contractor must perform the Work in accordance with Section 4.4 of the General Conditions. 3.5 CONTROL OF THE PROJECT SITE Contractor must control and maintain the Project Site in accordance with Section 4.5 of the General Conditions. 3.6 PROJECT SAFETY Contractor must implement and enforce Project safety in accordance with Section 4.6 of the General Conditions. 3.7 MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS Contractor must provide materials testing and submit substitute materials and Shop Drawings in accordance with Section 4.7 of the General Conditions. 3.8 PROJECT RECORD DOCUMENTS Contractor must maintain and make available the Project Record Documents in accordance with Section 4.8 of the General Conditions. 3.9 WARRANTY AND CORRECTION OF DEFECTIVE WORK Contractor must provide warranties and correct defective Work in accordance with Section 4.9 of the General Conditions. ARTICLE 4 - CITY RESPONSIBILITIES 44 City will have the responsibilities, and provide the information specified in, and subject to the conditions set forth in, Section 5 of the General Conditions. 4.2 Additional services to be provided or responsibilities assumed, by City, if any, are listed below: n/a 4.3 Additional information to be provided by City, if any, is listed below: n/a ARTICLE 5 - CONTRACT TIME 5.1 GENERAL City of Chandler Construction Bid Page C-4 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 5.1.1. The total Contract Duration is 37 Calendar Days (including Substantial Completion by 30 Calendars Days and Final Acceptance by 7 Calendar Days). 5.1.2 The Contract Time will start with the Notice to Proceed (NTP) and end with Final Acceptance, as set forth in Article 5.4 below. 5.1.3. The Contract Time will be as set forth in the Project Schedule. Contractor agrees that it will commence performance of the Work and complete the Project through Final Acceptance within the Contract Time. 5.1.4 Time is of the essence of this Contract for the Project, and for each phase and designated Milestone thereof. 5.1.5 Failure on the part of Contractor to adhere to the approved Project Schedule will be deemed a material breach and sufficient grounds for termination of this Contract by City. 5.2 PROJECT SCHEDULE 5.2.1 The Project Schedule will be updated and maintained throughout Contractor's performance under this Contract in accordance with Section 6.2 of the General Conditions. 5.2.2 Work must be completed to meet the following milestones after the Notice to Proceed: Milestone Time Liquidated damages for delay 1. | n/a within days | $ per calendar day 5.3 SUBSTANTIAL COMPLETION Substantial Completion must be achieved no later than the Substantial Completion Date set forth in the Project Schedule. Substantial Completion will be determined in accordance with Section 6.3 of the General Conditions. 5.4 FINAL ACCEPTANCE 5.4.1 Final Acceptance will be obtained within the time period set forth in the Project Schedule. 6.4.2 Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions. 5.5 LIQUIDATED DAMAGES City of Chandler Construction Bid Page C-5 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 5.5.1 Substantial Completion Liquidated Damages. Contractor acknowledges and agrees that if Contractor fails to obtain Substantial Completion of the Work within the Contract Time, City will sustain extensive damages and serious loss as a result of such failure. The exact amount of such damages will be extremely difficult to ascertain. Therefore, City and Contractor agree that if Contractor fails to achieve Substantial Completion of the Work within the Contract Time, City will be entitled to retain or recover from Contractor, as liquidated damages and not as a penalty, the sum per calendar day as indicated in MAG § 108.9. 6.5.2 Final Acceptance Liquidated Damages. For the same reasons set forth in Article 5.5.1 above, City and Contractor further agree that if Contractor fails to achieve Final Acceptance of the Work within the Contract Time, City will be entitled to retain or recover from Contractor, as liquidated damages and not as a penalty, the sum per calendar day as indicated in MAG 8 108.9 commencing from the actual date of Substantial Completion or Final Acceptance as required under the Contract. 5.5.3 MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 will apply. 5.5.4 City may deduct liquidated damages described in this Article 5.5 from any unpaid amounts then or thereafter due Contractor under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due Contractor will be payable to City at the demand of City, together with interest from the date of the demand at the highest lawful rate of interest payable by Contractor. 5.6 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY 5.6.1 Contractor and City waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes. 1. Damages incurred by City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2. Damages incurred by Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. 5.6.2 This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Contract. Nothing contained in this Article 5.6 will be deemed to preclude an award of liquidated damages, when applicable, in accordance with Article 5.5 above. City of Chandler Construction Bid Page C-6 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 5.6.3 Nothing herein will be deemed to constitute a waiver of any other remedy available to City in the event of Contractor's default under this Contract prior to full performance of the Work including, as applicable, specific performance or completion of the Work on behalf of Contractor, the cost and expense of which will be offset against any monies then or thereafter due to Contractor (if any) and otherwise immediately reimbursed to City by Contractor. ARTICLE 6 - CONTRACT PRICE 6.1 CONTRACT PRICE 6.1.1 In exchange for Contractor's full, timely, and acceptable performances and construction of the Work under this Contract, and subject to all of the terms of this Contract, City will pay Contractor the “Contract Price,” which is $799,799. 6.1.2. The Contract Price is all-inclusive and specifically includes all fees, cost, insurance and bond premiums, and taxes of any type necessary to fully, properly and timely perform and construct Work. 6.2 COSTS 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 which may be reimbursed to Contractor and chargeable against the Contract Price will be determined as set forth in MAG § 109.5. ARTICLE 7 - PAYMENT Payments will be made to Contractor in accordance with Section 8 of the General Conditions. ARTICLE 8 - CHANGES TO THE CONTRACT. Changes to the Contract may be made in strict accordance with Section 9 of the General Conditions. ARTICLE 9 - SUSPENSION AND TERMINATION This Contract may be suspended or terminated in accordance with Section 10 of the General Conditions. ARTICLE 10 - INSURANCE AND BONDS 10.1. Contractor must provide insurance in accordance with Sections 11.1 through 11.3 of the General Conditions. Contractor must provide proof of such insurance and all City of Chandler Construction Bid Page C-7 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 required endorsements in forms acceptable to City prior to commencing any Work under this Contract. 10.2 Contractor must provide performance and payment bonds to City in Accordance with Section 11.4 of the General Conditions and A.R.S. 8 34-222. 10.3 Failure to provide proof of insurance and the required endorsements, or the required bonds, in forms acceptable to City, will be a material breach and grounds for termination for cause of this Contract. ARTICLE 11 - INDEMNIFICATION Contractor must have and assume the indemnity obligations set forth in Section 12 of the General Conditions. ARTICLE 12 - DISPUTE RESOLUTION Any claims or disputes relating to this Contract will be resolved according to the dispute resolution process set forth in Section 13 of, and Appendix 6 to, the General Conditions. SIGNATURE PAGE TO FOLLOW City of Chandler Construction Bid Page C-8 Public Works & Utilities Department, Capital Projects Division Project Name: TAXIWAY C REHABILITATION Project No.: Al2002.401 Rev. 12/1/2020 IN WITNESS WHEREOF, the Parties hereto have executed this Contract through their duly authorized representatives and bind their respective entitles as of the effective date. "CITY" CITY OF CHANDLER MAYOR Date Recommended By: Andrew Goh, P.E. Date CIP City Engineer APPROVED AS TO FORM: City Attorney wh) ATTEST: City Clerk Seal See eee a ate eee rina oe eat etiam WZ “ne LLC wy 3/12/2024 ow Sigrfature Date SS S PO Alex DeClusin FPF>5 z Name = 3 7 = Vice President 2 MK 5 Titl Ze, “tog toon S itle “ina fs} IZONA ATTEST: If Corporation “i Ww AVIA 7 Secretary STATE OF ARIZONA ) )ss, County of Maricopa SUBSCRIBED AND SWORN TO before me, the undersigned notary public, by _Alex DeClusin who was identified as the Vice President __of Sunland Asphalt & on this _12th day of March ) 20.21. Construction, LLC My commission expires: August 27, 2022 City of Chandler Construction Bid Public Works & Utilities Department, Capital Projects Division 7 1E MCLAUGHLIN Project Name: TAXIWAY C REHABILITATION STNotary Publ - Arizona Project No.: Al2002.401 Rev. 12/1/2020 Maricopa County My Commission Expires August 27, 2022 Commission # 552178