Extracted text (via pymupdf)
20137 characters
Rev. 12/1/2020
Page i
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CAPITAL PROJECTS DIVISION
CONSTRUCTION CONTRACT
ARROWHEAD WATER PRODUCTION FACILITY
REHABILITATION AND PECOS SURFACE WATER
TREATMENT PLANT SURGE SYSTEM
CITY PROJECT NO.: WA1903.401 and WA1908.401
MAYOR
Kevin Hartke
VICE MAYOR
COUNCIL
Matt Orlando OD Harris
Christine Ellis René Lopez Terry Roe
__________________________________________________
Andrew Goh, P.E.
CIP City Engineer
Mark Stewart
City of Chandler Construction Bid
Page ii
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
Rev. 12/1/2020
CITY OF CHANDLER, ARIZONA
ARROWHEAD WATER PRODUCTION FACILITY REHABILITATION AND
PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
CITY PROJECT NO.: WA1903.401 and WA1908.401
TABLE OF CONTENTS
PARTICIPANTS AND PROJECT ...................................................................................... C-1
ARTICLE 1 -
CONTRACT DOCUMENTS ............................................................................................. C-2
ARTICLE 2 -
CONSTRUCTION SERVICES ........................................................................................... C-2
ARTICLE 3 -
CITY RESPONSIBILITIES ................................................................................................ C-4
ARTICLE 4 -
CONTRACT TIME ........................................................................................................... C-4
ARTICLE 5 -
CONTRACT PRICE.......................................................................................................... C-7
ARTICLE 6 -
PAYMENT ...................................................................................................................... C-7
ARTICLE 7 -
CHANGES TO THE CONTRACT ..................................................................................... C-7
ARTICLE 8 -
SUSPENSION AND TERMINATION .............................................................................. C-7
ARTICLE 9 -
INSURANCE AND BONDS ........................................................................................... C-7
ARTICLE 10 -
INDEMNIFICATION ..................................................................................................... C-8
ARTICLE 11 -
DISPUTE RESOLUTION ............................................................................................... C-8
ARTICLE 12 -
EXHIBIT A – PROJECT SPECIFIC SPECIAL PROVISIONS ................................................................. SP-1
EXHIBIT B – GENERAL CONDITIONS ............................................................................................. GC-1
EXHIBIT C – TECHNICAL SPECIFICATIONS ..................................................................................... TS-1
EXHIBIT D – GIS / GPS DATA DELIVERY REQUIREMENTS (IF APPLICABLE) ............................... GIS-1
EXHIBIT E – FEDERAL PROVISIONS (IF APPLICABLE) .................................................................... FP-1
City of Chandler Construction Bid
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
Rev. 12/1/2020
CONSTRUCTION SERVICES CONTRACT
PROJECT NO.: WA1903.401 and WA1908.401
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:
PARTICIPANTS AND PROJECT
ARTICLE 1 -
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:
Achen-Gardner Construction, LLC
550 South 79th St., Chandler, AZ 85226
Arizona ROC No.:
261745 & 261746
Federal Tax ID No.:
27-1394157
Business Organization:
Limited Liability Company
State Where Organized:
Arizona
Contractor Representative: Keven J. Nunez
Phone: 480-940-1300
Email: knunez@achen.com
DESIGN PROFESSIONAL:
Wilson Engineers and Black & Veatch
9633 S. 48th St., Ste. 290
Phoenix, AZ 85044
Design Professional Representative: Phil Noonan
Phone: 480-893-8860
Email: Phil.noonan@wilson-engineers.com
PROJECT DESCRIPTION:
Construction for the rehabilitation of the Arrowhead Water Production Facility and approximately
2,400 feet of waterline replacement, and the installation of a surge tank at the Pecos Surface
Water Treatment Plant.
PROJECT LOCATION:
Northwest Corner of Arrowhead and Erie and the Pecos Surface Water Treatment Plant
City of Chandler Construction Bid
Page C-2
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
Rev. 12/1/2020
CONTRACT DOCUMENTS
ARTICLE 2 -
2.1
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.
2.2
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.
2.3
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
CONSTRUCTION SERVICES
ARTICLE 3 -
3.1
GENERAL
3.1.1
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.
3.1.2
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.
3.1.3
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-3
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
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-4
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
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.
CITY RESPONSIBILITIES
ARTICLE 4 -
4.1
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
CONTRACT TIME
ARTICLE 5 -
5.1
GENERAL
City of Chandler Construction Bid
Page C-5
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
Rev. 12/1/2020
5.1.1
The total Contract Duration is 365 Calendar Days (including Substantial Completion
by 335 Calendars Days and Final Acceptance by 30 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.
5.4.2
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-6
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
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.
5.5.2
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 § 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-7
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
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.
CONTRACT PRICE
ARTICLE 6 -
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 $6,053,000.
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.
PAYMENT
ARTICLE 7 -
Payments will be made to Contractor in accordance with Section 8 of the General
Conditions.
CHANGES TO THE CONTRACT
ARTICLE 8 -
Changes to the Contract may be made in strict accordance with Section 9 of the
General Conditions.
SUSPENSION AND TERMINATION
ARTICLE 9 -
This Contract may be suspended or terminated in accordance with Section 10 of the
General Conditions.
INSURANCE AND BONDS
ARTICLE 10 -
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-8
Public Works & Utilities Department, Capital Projects Division
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
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. § 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.
INDEMNIFICATION
ARTICLE 11 -
Contractor must have and assume the indemnity obligations set forth in Section 12 of the
General Conditions.
DISPUTE RESOLUTION
ARTICLE 12 -
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
IN WITNESS WHEREOF, the Parties hereto have executed this Contract through their duly
authorized representatives an d bind their respective entitles as of the effective date.
"CITY"
CITY OF CHAN DLER
MAYOR
Recommended By:
Andrew Goh, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Date
Date
Signature
Date
Daniel ~ . .,spitza / Vice President
Name
Title
ATTEST: If Corporation
Secretary
STATE OF ARIZONA
County of Maricopa
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Seal
)ss.
)
Project Name: ARROWHEAD WPF REHABILITATION AND PECOS SWTP SURGE SYSTEM
Project No.: WA1903.401 and WA1908.401
Rev. 12/1/2020
Page C-9