AI2203.401 Construction Agreement

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
Page i 
City Project No.: AI2203.401 ADOT gRANT NO: E2S1D 
Rev.1/18/2023 
CITY OF CHANDLER, ARIZONA 
PUBLIC WORKS & UTILITIES DEPARTMENT 
CAPITAL PROJECTS DIVISION 
CONSTRUCTION AGREEMENT 
CHANDLER MUNICIPAL AIRPORT WILDLIFE 
EXCLUSION PERIMETER FENCE 
CITY PROJECT NO.: AI2203.401  
 ADOT GRANT NO: E2S1D 
MAYOR 
Kevin Hartke 
VICE MAYOR 
Matt Orlando 
COUNCIL 
OD Harris     Christine Ellis 
Mark Stewart     Angel Encinas     Jane Poston 
__________________________________________________ 
Kimberly Moon, P.E. 
CIP City Engineer

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D 
Rev.1/6/2023 
CITY OF CHANDLER, ARIZONA 
CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
CITY PROJECT NO.: AI2203.401   ADOT GRANT NO: E2S1D 
TABLE OF CONTENTS 
 PARTICIPANTS AND PROJECT .......................................................................... C-1 
 AGREEMENT DOCUMENTS .............................................................................. C-3 
 CONSTRUCTION SERVICES ............................................................................... C-3 
 CITY RESPONSIBILITIES .................................................................................... C-4 
 AGREEMENT TIME ............................................................................................ C-5 
 AGREEMENT PRICE ........................................................................................... C-7 
 PAYMENT .......................................................................................................... C-7 
 CHANGES TO THE AGREEMENT ....................................................................... C-7 
 SUSPENSION AND TERMINATION .................................................................. C-7 
 INSURANCE AND BONDS ............................................................................... C-7 
 INDEMNIFICATION ......................................................................................... C-8 
 DISPUTE RESOLUTION ................................................................................... C-8 
 FORCED LABOR OF ETHNIC UYGHURS PROHIBITED .................................. 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

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
CONSTRUCTION SERVICES AGREEMENT 
PROJECT NO.: AI2203.401   ADOT GRANT NO: E2S1D 
This Agreement (“Agreement”) is made and entered into on the _______ day 
of _________________, 2023, by and between City of Chandler, an Arizona municipal
corporation, hereinafter called “City” and Diamond Ridge Development, an Arizona 
corporation, 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: Kimberly Moon, P.E. 
Public Works & Utilities Department 
P.O. Box 4008, Mail Stop 407   Chandler, AZ  85244-4008 
Phone:  480-782-3349     Email:    kimberly.moon@chandleraz.gov 
CITY: 
Construction Project Manager: Scott Riter 
Public Works & Utilities Department 
P.O. Box 4008, Mail Stop 407   Chandler, AZ  85244-4008 
Phone:  480-782-3328     Email:    scott.riter@chandleraz.gov 
Contractor: Legal Company Name:  
Diamond Ridge Development 
Mailing Address: 
P.O. Box 2662, Peoria, AZ  85380 
Physical Address:  
6098 N. 57th Ave., Glendale, AZ  85301 
Arizona Roc No.:   
140840 
Federal Tax Id No.:   
 
86-0936609 
State Where Organized:    
Arizona 
Business Organization:    
S Corporation 
Statutory Agent Name:    
Jeffrey W. Green 
Statutory Agent Mailing Address: 
P.O. Box 2662, Peoria, AZ  85380 
Statutory Agent Physical Address:  
8531 N. 94th Ave., Peoria, AZ  85345 
Contractor’s Authorized Project Representative:  
Name: 
Jeff Green 
Title: 
Vice President 
Phone: 
623-412-8809
Email: 
jgreen@diamondridge.biz

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE  
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
 
 
 
PROJECT DESCRIPTION: 
 
The Chandler Municipal Airport Wildlife Exclusion Perimeter Fence project includes improvements 
to the existing perimeter fence which will help reduce wildlife breaches that have been observed 
at several locations around the airport property. Wildlife exclusion barrier will be installed along 
the existing perimeter fence to prevent wildlife from burrowing under the perimeter chain link 
fence. Various vehicular and pedestrian gates will be improved to minimize the gap at the base or 
posts to prevent wildlife ingress and various segments of fence will be repaired where the chain 
link and fence posts are damaged. 
PROJECT LOCATION: 
 
2380 South Stinson Way Chandler, AZ 85286

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
 AGREEMENT DOCUMENTS 
2.1 
AGREEMENT DOCUMENTS 
The Agreement between City and Contractor will consist of the following Agreement 
Documents: 
1.
This Construction Services Agreement 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 
Agreement Documents, the Agreement 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 Agreement 
Documents, including this Agreement. 
 CONSTRUCTION SERVICES 
3.1 
GENERAL 
3.1.1 
Scope of Work.  All terms and conditions are set forth in the Agreement. Any terms 
and conditions and exceptions noted in the Contractor’s proposal or other 
documents do not apply unless agreed to in this Agreement or an approved 
addendum. 
3.1.2 
Contractor agrees this is a Unit Price Agreement. 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 Agreement 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 Agreement 
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. 
3.1.4 
At all times relevant to this Agreement and performance of the Work, the Contactor 
must fully comply with all Laws, Regulations, or Legal Requirements applicable to City,

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
the Project and the Agreement, 
including, without limitation, those set forth on 
attached Exhibit A. 
3.1.5 
Contractor must perform the Work under this Agreement 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 Agreement and the General Conditions or an 
exhibit hereto or appendix thereto, the terms of this Agreement will control. 
3.1.8 
Ownership of Work Product.  Notwithstanding anything to the contrary in this 
Agreement, all Work Product prepared or otherwise created in connection with the 
performance of this Agreement, 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-AGREEMENT 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. 
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.

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
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. 
 AGREEMENT TIME 
5.1 
GENERAL 
5.1.1 
The total Agreement Duration is 90 Calendar Days (including Substantial Completion 
by 60 Calendars Days and Final Acceptance by 90 Calendar Days). 
5.1.2 
The Agreement 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 Agreement 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 Agreement Time. 
5.1.4 
Time is of the essence of this Agreement 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 
Agreement by City.

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE  
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
 
5.2 
PROJECT SCHEDULE 
 
5.2.1 
The Project Schedule will be updated and maintained throughout Contractor’s 
performance under this Agreement 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:   N/A 
 
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 
Agreement 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 Agreement 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 Agreement 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 Agreement. 
 
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

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
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 Agreement. 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 Agreement. 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 Agreement 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. 
 AGREEMENT PRICE 
6.1 
AGREEMENT PRICE 
6.1.1 
In exchange for Contractor’s full, timely, and acceptable performances and 
construction of the Work under this Agreement, and subject to all of the terms of 
this Agreement, City will pay Contractor the “Agreement Price,” which is $796,965.07. 
6.1.2 
The Agreement 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 
CHANGES TO AGREEMENT PRICE 
Shall be determined under Section 9 of the General Conditions. 
 PAYMENT

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
Payments will be made to Contractor in accordance with Section 8 of the General Conditions. 
 CHANGES TO THE AGREEMENT 
Changes to the Agreement may be made in strict accordance with Section 9 of the 
General Conditions. 
 SUSPENSION AND TERMINATION 
This Agreement 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 Agreement. 
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 Agreement. 
 INDEMNIFICATION 
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 Agreement will be resolved according to the dispute 
resolution process set forth in Section 13 of, and Appendix 6 to, the General Conditions. 
 FORCED LABOR OF ETHNIC UYGHURS PROHIBITED  By entering into this 
Agreement, Contractor certifies and agrees Contractor does not currently use and will not 
use for the term of this Agreement: (i) the forced labor of ethnic Uyghurs in the People's 
Republic of China; or (ii) any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China; or (iii) any contractors, subcontractors or suppliers 
that use the forced labor or any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China. 
SIGNATURE PAGE TO FOLLOW

Project Name: CHANDLER MUNICIPAL AIRPORT WILDLIFE EXCLUSION PERIMETER FENCE 
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City Project No.: AI2203.401   ADOT GRANT NO: E2S1D  
Rev 1/18/2023 
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through their duly 
authorized representatives and bind their respective entitles as of the effective date. 
“CITY” CITY OF CHANDLER 
MAYOR 
RECOMMENDED BY: 
Kimberly Moon, P.E. 
CIP City Engineer   
APPROVED AS TO FORM: 
City Attorney 
ATTEST: 
     City Clerk  
  Seal 
“CONTRACTOR” 
DIAMOND RIDGE DEVELOPMENT 
Signature  
  Date 
Print Name 
Title 
Signer Email Address 
5/1/2023
Jeffrey W. Green
Vice President
jgreen@diamondridge.biz