Contract - Granite Construction

City of Chandler — Regular Meeting (2022-03-24)

Extracted text (via pymupdf) 20707 characters

Rev.10/27/2021
Page i
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CAPITAL PROJECTS DIVISION
CONSTRUCTION CONTRACT
CHANDLER HEIGHTS ROAD IMPROVEMENTS
(MCQUEEN ROAD TO GILBERT ROAD)
CITY PROJECT NO.: ST1614.401;
FEDERAL NO.: CHN-0(240) D;
ADOT NO.: T0099 01C
MAYOR
Kevin Hartke
VICE MAYOR
Terry Roe
COUNCIL
Matt Orlando OD Harris
Christine Ellis René Lopez Mark Stewart
__________________________________________________
Andrew Goh, P.E.
CIP City Engineer

City of Chandler Construction Bid

Page ii
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
CITY OF CHANDLER, ARIZONA

CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)

CITY PROJECT NO.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C

TABLE OF CONTENTS

PARTICIPANTS AND PROJECT .......................................................................... C-1
CONTRACT DOCUMENTS ................................................................................. C-3
CONSTRUCTION SERVICES ............................................................................... C-3
CITY RESPONSIBILITIES .................................................................................... C-4
CONTRACT TIME ............................................................................................... C-5
CONTRACT PRICE.............................................................................................. C-7
PAYMENT .......................................................................................................... C-7
CHANGES TO THE CONTRACT ......................................................................... C-7
SUSPENSION AND TERMINATION .................................................................. C-7
INSURANCE AND BONDS ............................................................................... C-7
INDEMNIFICATION ......................................................................................... C-8
DISPUTE RESOLUTION ................................................................................... C-8

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: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
CONSTRUCTION SERVICES CONTRACT
PROJECT NO.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
THIS CONTRACT is made and entered into on the _______ day of _________________, 2022, 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
CITY:
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@chandleraz.gov
CITY:
Construction Project Manager:
Paul Ahlas
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3328
Email: paul.ahlas@chandleraz.gov
CONTRACTOR: Granite Construction Company
2020 S. McClintock Dr Ste 105 Tempe AZ 85282
Arizona ROC No.:
A 069529; B-1 121552; B-2 031412
Federal Tax ID No.:
94-0519552
Business Organization:
corporation
State Where Organized:
California
Statutory Agent Name:
Statutory Agent Mailing Address:

Contractor’s Authorized Project Representative:
Name: Todd A. Hill
Title:
VP Arizona Region
Phone: 602-361-9428
Email: alex.montoya@gcinc.com
DESIGN
PROFESSIONAL:
Kimley-Horn and Associates, Inc.
7740 N. 16th St., Phoenix AZ 85020
Design Professional’s Authorized Project Representative:
Name: Chris Woolery
Title:
Phone: 602-216-1224
Email: chris.woolery@kimley-horn

City of Chandler Construction Bid
Page C-2
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
PROJECT DESCRIPTION:
This project will improve Chandler Heights Road from McQueen Road to Gilbert Road, including
widening to at least four thru lanes; turn lanes, bike lanes; raised landscaped median; curb, gutter,
and sidewalk, including ADA upgrades; traffic signals; LED streetlights; storm drainage; irrigation;
wet utilities, including rehabilitation and dry utilities, including extension of fiber. This is a federally
funded project, using FHWA funds.
PROJECT LOCATION:
Chandler Heights Road from McQueen Road to Gilbert Road

City of Chandler Construction Bid
Page C-3
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
CONTRACT DOCUMENTS
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.
CONSTRUCTION SERVICES
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
components of the Construction Services and the corresponding subsections of
Section 4 of the General Conditions are set forth below.

City of Chandler Construction Bid
Page C-4
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
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.

3.3
PRE-CONSTRUCTION CONFERENCE

Contractor must attend the Pre-Construction Conference in accordance with Section
4.3 of the General Conditions.

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.

City of Chandler Construction Bid
Page C-5
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
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
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.
CONTRACT TIME
5.1
GENERAL
5.1.1
The total Contract Duration is 540 Calendar Days (including Substantial Completion
by 480 Calendars Days and Final Acceptance by 540 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.

City of Chandler Construction Bid
Page C-6
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
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.
within
days
$
per calendar day
2.
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
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

City of Chandler Construction Bid
Page C-7
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
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.
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
6.1
CONTRACT PRICE

City of Chandler Construction Bid
Page C-8
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
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 $19,797,739.
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
Payments will be made to Contractor in accordance with Section 8 of the General Conditions.
CHANGES TO THE CONTRACT
Changes to the Contract may be made in strict accordance with Section 9 of the
General Conditions.
SUSPENSION AND TERMINATION
This Contract may be suspended or terminated in accordance with Section 10 of the General
Conditions.
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
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

City of Chandler Construction Bid
Page C-9
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD IMPROVEMENTS (MCQUEEN ROAD TO GILBERT ROAD)
Project No.: ST1614.401; FEDERAL NO.: CHN-0(240) D; ADOT NO.:T0099 01C
Rev.10/27/2021
Contractor must have and assume the indemnity obligations set forth in Section 12 of the
General Conditions.

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

Kenneth B. Olson
Senior Vice President
02/15/2022
ken.olson@gcinc.com
See Attached Certificate of Secretary
See Attached
for
02/22/2022

JURAT
STATE OF CALIFORNIA
}
}
COUNTY OF SANTA CRUZ }
Subscribed and sworn to (or affirmed) before me on
this ___________ day of _____________________________________, 20_____,
by __________________________________________________________________
personally known to me or proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
________________________________
Signature of Notary Public
15th
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
February
22
Kenneth B. Olson
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Mariella Rubio