Agreement

City of Chandler — Study Session (2021-04-05)

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CITY OF CHANDLER
JOB ORDER PROJECT AGREEMENT

Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No. WW2003.401

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 Garney
Companies, Inc., a Missouri corporation, (“JOC Contractor”) and is entered into pursuant to Job Order
Master Agreement No. JOC1914.401 (“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 17, 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 provide headworks drain piping at the Airport Water
Reclamation Facility 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 AIRPORT WATER RECLAMATION
FACILITY HEADWORKS DRAIN PIPING, Project Number WW2003.401. The scope of work consists of
providing headworks drain piping at the Airport Water Reclamation Facility, 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.

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.

City of Chandler Job Order Project Agreement
A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020
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 $391,070 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 180 calendar days from the Notice to Proceed
(NTP) Date.
ARTICLE 4. PARTICIPANTS
CITY:
Construction Project Manager: Paul Ahlas
Phone:
480-782-3328
Email:
paul.ahlas@chandleraz.gov
JOC CONTRACTOR:
Garney Companies, Inc.
4435 E. Holmes Ave., Ste. 102
Mesa, AZ 85206
JOC Contractor Representative: Shane O’Brien
Phone:
720-375-0988
Email:
sobrien@garney.com
SIGNATURE PAGE TO FOLLOW

Joel Heimbuck
Director of Operations
Assistant Secretary
3/10/2021

4435 E. Holmes Ave, Suite 102, Mesa AZ 85206

Phone: 602.470.0001

Fax: 602.470.0025

www.garney.com

Page 1 of 1

Exhibit A

Scope
JOC WW2003.401 – Airport WRF Headworks Drain

1. JOC must perform the following project tasks per Brown and Caldwell plans and specs dated December
22, 2020 and as modified below:
a. Mobilize to site
b. Excavate and Backfill new drain piping, tie-in into existing lift station and restore landscaping to
existing condition.
i. Proposal assumes that routing to be modified in the field based on existing
pipe/supports impeding route. Garney to maintain adequate fall as necessary.
ii. Proposal assumes that connecting drain lines can be offline during installation/tie-in and
no temporary bypass pumping is included.
iii. Proposal assumes use of ½ Sack CLSM in lieu of native backfill material.
iv. Proposal assumes that existing drain line to be abandoned in place in lieu of removal.
c.
Investigate condition of existing pipe penetrations
d. Temporary installation of Owner supplied stop logs and additional temporary bulkheads,
nuisance pumping and cleaning of existing channel per the MOPO noted in the documents.
i. Temporary bypass pumping of the plant influent is not included nor required.
ii. OSHA safety standards require H2S to be at 5 PPM which is lower than current readings.
Proposal includes standard push/pull fan system in order to obtain/maintain safe
working levels. If standard fan system is not adequate to obtain/maintain safe working
levels, Garney assumes that additional equipment and delays are to be paid by Owner’s
Allowance.
e. Demo and dispose of existing mud valves, pipe penetration, flanges, and appurtenances.
i. Proposal assumes use of owner supplied stop logs to isolate headworks channels as
needed.
f.
Demo/dispose existing exposed drain piping and install new exposed Drain Piping, mud valves,
supports and penetrations as shown on the drawings
i. Proposal includes the use/acceptance of Victaulic fittings and couplings in lieu of flange
fittings. Grooved ends on straight pipe to be completed in the field.
ii. Proposal includes painting the exterior pipe as needed.
iii. Proposal includes use of Armorlok PVC liner boots as submitted by Sonco as the Ameron
PVC T-Lock is no longer available.
g.
Install new SST drip tray and supports, 2” PVC drain piping, modify electrical Unistrut as
necessary and wall coating
h. Test Pipe as necessary
2. Allowances included in this Proposal: City Allowance - $45,000
3. Schedule is based on 3 months for procurement/delivery of material and 2 months for construction
4. Specifically excluded from this proposal are: Building Permits, Engineering (including professional
engineered design of pipe system and supports), remediation of contamination and hazardous material
handling.

EXHIBIT B
FEE SCHEDULE
City of Chandler Job Order Project Agreement
B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020

4435 E. Holmes Ave, Suite 102, Mesa AZ 85206
Phone: 602.470.0001
Fax: 602.470.0025
www.garney.com
WW2003.401 AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN
Negotiated Prices
56,338
$

SUBTOTAL (NEGOTIATED PRICES):
56,338
$

Unit Prices
224,099
$

SUBTOTAL (NEGOTIATED PRICES):
224,099
$

0.08
22,435
$

SUBTOTAL (NEGOTIATED PRICES + OVERHEAD AND PROFIT):
302,872
$

Sales Tax Percentage (Current Tax Rate)
5.07%
15,356
$

General Liability Insurance Percentage (Actual Cost per Job Order)
1.35%
4,089
$

Builder's Risk Insurance Percentage (Actual Cost per Job Order)
0.343%
1,039
$

Payment Bond (Actual Cost per Job Order)
7.5%
22,715
$

Performance Bond (Actual Cost per Job Order)
included
-
$

SUBTOTAL (INSURANCE, BONDS, & TAXES):
43,199
$

SUBTOTAL (NEGOTIATED PRICES + OVERHEAD AND PROFIT + INSURANCE, BONDS, & TAXES):
346,070
$

City's Allowance
45,000
$

TOTAL JOB ORDER:
391,070
$

Overhead and Profit (Coefficient per Job Order Master Agreement)
Insurance, Bonds, & Taxes
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.
Unit Price (Per Unit Price Attachment)
EXHIBIT "B-1"
Job Order Cost Proposal
Summary Sheet
General Conditions

4435 E. Holmes Ave, Suite 102, Mesa AZ 85206
Phone: 602.470.0001
Fax: 602.470.0025
www.garney.com
UNIT PRICE ATTACHMENT
No.
Description
Est. Qty.
Unit
Extended Price
1
Mobilization
1
LS
$ 7,921
2
Piping Excavation and Backfill
1
LS
$ 28,407
3
Landscaping/Gravel Replacement
1
LS
$ 3,695
4
Investigate Existing Condition of Pipe Penetrations
1
LS
$ 557
5
Demolish Drain Piping, Fittings, Couplings, Pipe
Supports, and Appurtenances.
Provide Disposal of Demolished Materials
1
LS
$ 13,246
6
Demolish Mud Valves, Pipe Penetrations, Flanges,
and Appurtenances. Provide Disposal of
Demolished Materials
1
LS
$ 13,723
7
Purchase and Install Pipe Penetrations in Concrete
Floor
1
LS
$ 11,302
8
Purchase and Install Mud Valves, Pipe Boots, and
Appurtenances
1
LS
$ 23,569
9
Purchase and Install Exposed Pipe, Fittings
Couplings, Flanges, and Appurtenances
1
LS
$ 90,464
10
Purchase and Install Buried Pipe, Fittings
Couplings, Flanges, and Appurtenances
1
LS
$ 14,505
11
Purchase and Install Pipe Hangers/ Supports
1
LS
$ 5,316
12
Purchase and Install Drip Tray and Appurtenances
1
LS
$ 5,039
13
Testing
1
LS
$ 6,354
$ 5,039
$ 6,354
BASE BID (Items 1- 13 inclusive)
$ 224,099
(In Numbers)
$ 13,723
$ 11,302
$ 23,569
$ 90,464
$ 14,505
$ 5,316
Unit Price
$ 7,921
$ 28,407
$ 3,695
$ 557
$ 13,246

EXHIBIT C

City of Chandler Job Order Project Agreement
C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020
PERFORMANCE BOND
ARIZONA STATUTORY PERFORMANCE BOND
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)

KNOW ALL MEN BY THESE PRESENTS THAT:___________________________________________________
(hereinafter "Principal"), and __________________________________________________________ (hereinafter "Surety"), a
corporation organized and existing under the laws of the State of ______________ with its principal office in the City of
_____________________________, holding a certificate of authority to transact surety business in Arizona issued by the
Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto
__________________________(hereinafter "Obligee") in the amount of ________________________________________________
(Dollars) ($___________), for the payment whereof, Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated

the ____________ day of _______________________, 20___ for construction of AIRPORT WATER RECLAMATION FACILITY
HEADWORKS DRAIN PIPING, WW2003.401 which contract is hereby referred to and made a part hereof as fully and
to the same extent as if copies at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and
fulfills all the undertakings, covenants, terms, conditions and agreements of the contract during the original term of
the contract and any extension of the contract, with or without notice of the Surety, and during the life of any
guaranty required under the contract, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains in full force
and effect.

PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions of Title
34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this Contract.

The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees that
may be fixed by a judge of the court.

Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL

SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY

SEAL
___________________________________
AGENT ADDRESS

EXHIBIT D

City of Chandler Job Order Project Agreement
D-1
Public Works & Utilities Department, Capital Projects Division
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Contract amount)

KNOW ALL MEN BY THESE PRESENTS THAT:________________________________________________

(hereinafter "Principal"), as Principal, and _________________________________________(hereinafter "Surety"), a corporation
organized and existing under the laws of the State of __________________ with its principal office in the City of
__________________, holding a certificate of authority to transact surety business in Arizona issued by the Director of the
Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto
________________________ (hereinafter "Obligee") in the amount of ________________________________________________
(Dollars) ($___________), for the payment whereof, the Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _________ day of
_______________________, 20___ for construction of AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN
PIPING, WW2003.401 which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all
moneys due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the
prosecution of the work provided for in said contract, this obligation is void. Otherwise it remains in full force and
effect.

PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions,
conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were
copied at length in this Contract.

The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees that
may be fixed by a judge of the court.

Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL

SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY

SEAL
___________________________________
AGENT ADDRESS

EXHIBIT E

City of Chandler Job Order Project Agreement
E-1
Public Works & Utilities Department, Capital Projects Division
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS

________________________, Arizona

Date ____________________________
Project Name: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.:
WW2003.401
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: AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.: WW2003.401
Rev. 9/18/2020

CERTIFICATE OF COMPLETION

Project:
AIRPORT WATER RECLAMATION FACILITY HEADWORKS DRAIN PIPING
Project No.:
WW2003.401

(TO BE COMPLETED BY CONTRACTOR)

I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER PROJECT NO.
WW2003.401 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