Project Agreement

Rev.10/27/2021 
D_cHANDLER 
..-,,j,.;ar1zona 
Community of Innovation 
CITY OF CHANDLER, ARIZONA 
PUBLIC WORKS & UTILITIES DEPARTMENT 
CAPITAL PROJECTS DIVISION 
CONSTRUCTION CONTRACT 
HELIPORT LIGHTING REPLACEMENT 
CITY PROJECT NO.: Al2103.401 
MAYOR 
Kevin Hartke 
VICE MAYOR 
Terry Roe 
COUNCIL 
Matt Orlando 
OD Harris 
Christine Ellis 
Rene Lopez 
Mark Stewart
Andrew Goh, P.E. 
CIP City Engineer 
Pagei

CITY OF CHANDLER. ARIZONA
HELIPORT LIGHTING REPLACEMENT
CITY PROJECT NO.: AI2103.401
TABLE OF CONTENTS
ARTICLE 1 - PARTICIPANTS AND PROJECT
C-1
ARTICLE 2 
- CONTRACT DOCUMENTS
C-3
ARTICLE 3 
- CONSTRUCTION SERVICES
C-3
ARTICLE 4 
- CITY RESPONSIBILITIES
C-4
ARTICLE 5 - CONTRACT TIME
C-5
ARTICLE 6 - CONTRACT PRICE
C-7
ARTICLE? - PAYMENT
C-7
ARTICLE 8 - CHANGES TO THE CONTRACT
C-7
ARTICLE 9 - SUSPENSION AND TERMINATION
C-7
ARTICLE 10 - INSURANCE AND BONDS
C-7
ARTICLE 11 - INDEMNIFICATION
C-8
ARTICLE 12 - DISPUTE RESOLUTION
C-8
EXHIBIT A - PROJECT SPECIFIC SPECIAL PROVISIONS
EXHIBIT B - GENERAL CONDITIONS
EXHIBIT C - TECHNICAL SPECIFICATIONS
EXHIBIT D - GIS / GPS DATA DELIVERY REQUIREMENTS {IF APPLICABLE)
EXHIBIT E - FEDERAL PROVISIONS (IF APPLICABLE)
SP-1
GC-1
TS-1
GIS-1
FP-1
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name; HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page ii

CONSTRUCTION SERVICES CONTRACT
PROJECT NO.: AI2103.401
20
. .
THIS CONTRACT is made and entered into on the
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").
day of
City and Contractor agree as follows:
ARTICLE 1 - PARTICIPANTS AND PRO|ECT
CIP City Engineer:
Andrew Goh, P.E.
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3343
Email:
andrew.goh@chandlera2.gov
CITY:
Construction Project Manager:
Jason Garcia
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3453
Email: jason.garcia@chandleraz.gov
CITY:
Martell Electric, LLC
Physical Address: 5635 W. Van Buren St., Phoenix, AZ 85043
333851
06-1675328
limited liability company
Indiana
Arizona ROC No.:
Federal Tax ID No.:
Business Organization:
State Where Organized:
CONTRACTOR:
Statutory Agent Name:
Statutory Agent Mailing Address:
Statutory Agent Physical Address:
Contractor's Authorized Project Representative:
Name: Michael Young
Title:
General Manager
Phone: 480-667-1456
Email: jpluta@martellectric.com
PROJECT DESCRIPTION:
The Chandler Municipal Airport's Heliport Lighting Replacement project Includes the removal of
existing pole mounted light fixtures, associated poles, and ground mounted flood lights. New
ground mounted flood lights and taxiway lights will be installed in the same area. Some branch
circuit wiring will also be replaced. Additional miscellaneous scope like replacement of helipad
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-1

perimeter light lenses and circuit tracing is also to be performed. Three Add Alternates are being
proposed:
Replacement of existing pole mounted light fixtures on southeast edge of the scope of
1.
work.
Additional perimeter/apron flood & taxiway lighting.
Replacement of MAPI (Helicopter Approach Path Indicator) lights.
2.
3.
The project will be performed in (3) phases to avoid a complete shut-down of lighting in the
heliport area.
PROJECT LOCATION:
2380 South Stinson Way Chandler, AZ 85286
City of Chandler Construction Bid
Public Works & Utilities Department. Capital Projects Division
Project Name; HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-2

ARTICLE 2 
- CONTRACT DOCUMENTS
CONTRACT DOCUMENTS
The Contract between City and Contractor will consist of the foilowing Contract
Documents:
2.1
1. This Construction Services Contract and ail of its Exhibits, inciuding Project
Pians and Technicai Specifications.
2. Generai Conditions and Generai Conditions Appendices, incorporated by
reference.
3. Project Specific Speciai Provisions as set forth in Exhibit A, incorporated by
reference.
4. Project Bid Proposai.
in the event of any inconsistency, conflict, or ambiguity between or among the
Contract Documents, the Contract Documents wiil take precedence as described in
Section 14.1.4 of the General Conditions.
2.2
2.3 
DEFINITIONS
The definitions in Section 2 of the Generai Conditions apply to al l the Contract
Documents, including this Agreement.
ARTICLE 3 
- CONSTRUCTION SERVICES
3.1 
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.
3.1.1
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.
3.1.2
Contractor must provide all of the labor and materials, and perform the Work in
accordance with Section 4 ofthe General Conditions. Some, but not all, of the major
components of the Construction Services and the corresponding subsections of
Section 4 of the General Conditions are set forth below.
3.1.3
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev. 10/27/2021
Page C-3

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.
3.1.4
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 maybe used without the prior written approval of the
Project Manager.
3.1.5
Contractor must comply with ail terms and conditions of the General Conditions.
3.1.6
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.
3.1.7
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. Al l 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.
3.1.8
CONTRACTOR'S PRE-CONTRACT AND PRE-WORK DELIVERABLES
3.2
The Contractor must provide the Deliverables in accordance with Section 4.2 of
the General Conditions.
3.2.1
PRE-CONSTRUCTIONCONFERENCE
Contractor must attend the Pre-Construction Conference in accordance with Section
4.3 of the General Conditions.
3.3
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.
3.4
City of Chandler Constnjction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name; HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-4

CONTROL OF THE PROJECT SITE
Contractor must control and maintain the Project Site in accordance with Section 4.5
of the General Conditions.
3.5
PROJECT SAFETY
Contractor must implement and enforce Project safety in accordance with Section 4.6
of the General Conditions.
3.6
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.
3.7
PROJECT RECORD DOCUMENTS
Contractor must maintain and make available the Project Record Documents in
accordance with Section 4.8 of the General Conditions.
3.8
WARRANTY AND CORRECTION OF DEFECTIVE WORK
Contractor must provide warranties and correct defective Work in accordance with
Section 4.9 of the General Conditions.
3.9
ARTICLE 4 - CITY RESPONSIBILITIES
City will have the responsibilities, and provide the information specified in, and
subject to the conditions setforth in, Section 5 of the General Conditions.
4.1
ARTICLE 5 - CONTRACT TIME
GENERAL
5.1
The total Contract Duration is 90 Calendar Days (including Substantial Completion by
^ 
Calendars Days and Final Acceptance by 90 Calendar Days).
5.1.1
The Contract Time will start with the Notice to Proceed (NTP) and end with Final
Acceptance, as setforth in Article 5.4 below.
5.1.2
The Contract Time wil l 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 ContractTime.
5.1.3
Time is of the essence of this Contract for the Project, and for each phase and
designated Milestone thereof.
5.1.4
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-5

Failure on the part of Contractor to adhere to the approved Project Schedule wi l l
be deemed a material breach and sufficient grounds fortermination of this Contract
by City.
5.1.5
5.2 
PROJECTSCHEDULE
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.
5.2.1
Work must be completed to meet the following milestones after the Notice to
Proceed;
5.2.2
Milestone
Liquidated damages for delay
Time
within
days $
per calendar day
1.
5.3 
SUBSTANTIALCOMPLETION
Substantial Completion must be achieved no later than the Substantial Completion
Date set forth in the Project Schedule. Substantial Completion wil l be determined in
accordance with Section 6.3 of the General Conditions.
5.4 
FINALACCEPTANCE
Final Acceptance will be obtained within the time period set forth in the Project
Schedule.
5.4.1
5.4.2 
Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions.
5.5 
LIQUIDATED DAMAGES
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.
5.5.1
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
5.5.2
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name; HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-6

calendar day as indicated in MAG § 108.9 commencing from the actual date of
Substantial Completion or Final Acceptance as required underthe Contract.
MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 WiW apply.
5.5.3
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.
5.5.4
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY
5.6
Contractor and City waive claims against each other for consequential damages
arising out of or relating to this Contract. This mutual waiver includes.
5.6.1
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
1.
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.
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.
5.6.2
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.
5.6.3
ARTICLE 6 - CONTRACT PRICE
6.1 
CONTRACT PRICE
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103,401
Rev.10/27/2021
Page C-7

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 $277.771,75.
6.1.1
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.
6.1.2
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
wil l be determined as set forth in MAG § 109.5.
6.2
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
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
required endorsements in forms acceptable to City prior to commencing any Work
under this Contract.
10.1
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.
10.2
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.
10.3
ARTICLE 11 - INDEMNIFICATION
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-8

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
Public Works & Utilities Department, Capital Projects Division
Project Name; HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
Page C-9

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 
Recommended By: 
Andrew Goh, P.E. 
CIP City Engineer 
APPROVED AS TO FORM: 
City Attorney 
A
TTEST: 
City Clerk 
Name 
-:Pce.si cl-en\-
Title 
Date 
Date 
mmo..r \-e.l\ @. ™-+e-l I e l:e.e.,-1-nc.., o (V'\ 
Si 
er Email Address 
ATTEST: If Corporation 
NIPt 
Secretary 
STATE OF A-Rtret<M :r:N t:>J:'AN"' 
County of M-e,•icor,tt 5, :rep 
fJ 
Seal 
)ss. 
) 
SUBS,(;:RIBED AND SWORN TO before me, the undersigned notary.J(ublic, by Jtr-1\,l<r ¼-e-tl who was identified as 
the ÖY < .s, ×u. \.-
of fl\Ø E\Ùc ... Ú•n'<., on this 
2. ':>" 
day of F<'-f'U9.'1 . 20 2."l,. . 
My commission expires: 
o sl 1'9 I 202..9
City of Chandler Construction Bid 
Public Works & Utilities Deparirnent, Capital Projects Division 
Project Name: HELIPORT LIGHTING REPLACEMENT 
Project No.: Al2103.401 
Rev.10/27/2021 
,,·,II•""•,, 
KIMBERLY C. PASKIET 
Û'Üi"?:'!. Ý1..1;
,.,.';;, Notary Public, State of lnoiana 
Jo.-· 
·-.<<' 
St. Joseph County 
t: :_SEAL) 1; J Comnission Nurr,oer NP07_33796 
-:; ;• .. ,.·· ,, 
My Commission Expires 
.,,,,,.1:,ifo1;..=
,
·,>,,? 
May 19, 2029 
10:11\ 
Page C-10

EXHIBIT A
PROJECT SPECIFIC
SPECIAL PROVISIONS
4.2,7 Aerial Construction Photography
General Conditions Section 4 Subsections 4.2.7.1  & 4.2.7.2 are not applicable to this project.
4.2.8 Government Approvals and Permits
General Conditions Section 4 Subsection 4.2.8.1, City permittees with be paid internally by the
City and al l other fees will be the responsibility of the Contractor.
Subletting of Contract
Contractor must perform, with his own organization, work amounting to not less than 50 percent
of the total contract cost.
Failure to submit Subcontractor's List Form, demonstrating self-performance not less than 50
percent of the total contract cost, will cause the bid to be deemed non-responsive.
Bidders should contact the Arizona Registrar of Contractors for information on license
requirements.
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
SP-1

EXHIBIT B
GENERAL CONDITIONS
City of Chandler Construction Bid
Public Works & Utilities Department, Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021
GC-1

EXHIBIT E
TECHNICAL SPECIFICATIONS
FP-l
City of Chandler Construction Bid
Public Works & Utilities Department. Capital Projects Division
Project Name: HELIPORT LIGHTING REPLACEMENT
Project No.: AI2103.401
Rev.10/27/2021