Agreement - MGC Contractors, Inc.

Project Name: SEWER LIFT STATION REHABILITATION  
Page  i 
Project No.: WW2106.401 
Rev 1/6/2023 
CITY OF CHANDLER, ARIZONA 
SEWER LIFT STATION REHABILITATION
CITY PROJECT NO. WW2106.401 
CONSTRUCTION SERVICES AGREEMENT
(CONSTRUCTION MANAGER AT RISK) 
__________________________________________________ 
Warren White, P.E. 
Acting CIP City Engineer 
_________________________________
Warren White P

Project Name: SEWER LIFT STATION REHABILITATION  
Page  ii 
Project No.: WW2106.401 
Rev 1/6/2023 
CITY OF CHANDLER, ARIZONA 
SEWER LIFT STATION REHABILITATION 
CITY PROJECT NO.: WW2106.401 
TABLE OF CONTENTS 
 PARTICIPANTS AND PROJECT .............................................................................. 1 
 AGREEMENT DOCUMENTS .................................................................................. 3 
 PRE-CONSTRUCTION SERVICES ........................................................................... 3 
 CONSTRUCTION SERVICES ................................................................................... 3 
 CITY RESPONSIBILITIES ........................................................................................ 5 
 AGREEMENT TIME ................................................................................................ 5 
 AGREEMENT PRICE ............................................................................................... 8 
 FORCED LABOR OF ETHNIC UYCHURS PROHIBITED ........................................ 8 
 
 
EXHIBIT A – PROJECT SPECIFIC SPECIAL PROVISIONS .................................................... SP-1 
EXHIBIT B – GENERAL CONDITIONS ................................................................................ GC-1 
EXHIBIT C – TECHNICAL SPECIFICATIONS ........................................................................ TS-1 
EXHIBIT D – ACCEPTED GMP/PRICE PROPOSAL .......................................................... GMP-1 
EXHIBIT E – SUBCONTRACTOR’S LIST FORM ................................................................. SUB-1 
EXHIBIT F – SUBCONTRACTOR DOCUMENTS WITH CM@RISK (IF APPLICABLE) ........ SUB-2 
EXHIBIT G – GIS / GPS DATA DELIVERY REQUIREMENTS (IF APPLICABLE) ................... GIS-1

Project Name: SEWER LIFT STATION REHABILITATION  
Page 1 
Project No.: WW2106.401 
Rev. 1/6/2023 
CONSTRUCTION MANAGER AT RISK 
CONSTRUCTION SERVICES AGREEMENT 
PROJECT NO.: WW2106.401 
This Agreement (the “AGREEMENT”)  is made and entered into on the ______day of _______________, 
2023, (“Effective Date”) by and between City of Chandler, an Arizona municipal corporation, 
hereinafter called “City” and MGC Contractors, Inc. the “Construction Manager at Risk” or 
“CM@Risk” designated below (City and CM@Risk may individually be referred to as “Party” 
and collectively referred to as “Parties”). 
City and CM@Risk 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: Russ Slotnick 
 
Public Works & Utilities Department 
 
P.O. Box 4008, Mail Stop 407  Chandler, AZ  85244-4008 
Phone: 480-782-3411
Email:
russ.slotnick@chandleraz.gov
 
 
CM@RISK: 
Legal Company Name:   
MGC Contractors, Inc. 
 
Mailing Address:   
PO Box 61748, Phoenix, AZ 85082 
 
Physical Address:   
4110 E. Elwood St. , Phoenix, AZ 85040 
 
Arizona Roc No.:   
069949 & 071441 
 
Federal Tax Id No.:   
 
86-0443028 
 
State Where Organized:    
Arizona 
 
Business Organization:    
Corporation 
 
Statutory Agent Name:    
Randy L. Gates 
 
Statutory Agent Mailing Address: 
 PO Box 61748, Phoenix, AZ 85082 
 
Statutory Agent Physical Address:    4110 E. Elwood St., Phoenix, AZ 85040 
 
CM@Risk’s Authorized Project Representative:   
 
 
 
Name: 
Josh Hoffert 
 
 
 
Title: 
Project Manager 
 
 
 
Phone: 
602-309-2402 
 
 
 
Email: 
jhoffert@mgccontractors.com

Project Name: SEWER LIFT STATION REHABILITATION  
Page 2 
Project No.: WW2106.401 
Rev. 1/6/2023 
PROJECT DESCRIPTION: 
The project includes rehabilitation at seven (7) lift stations and one junction structure. 
PROJECT LOCATION: 
Various lift station locations.

Project Name: SEWER LIFT STATION REHABILITATION  
Page 3 
Project No.: WW2106.401 
Rev. 1/6/2023 
 AGREEMENT DOCUMENTS 
2.1 
AGREEMENT DOCUMENTS 
The Agreement between City and CM@Risk 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.
Accepted GMP/Price Proposal as set forth in Exhibit D, incorporated by reference.
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 Sections 2 and 15 of the General Conditions apply to all the 
Agreement Documents, including this Agreement.   
PRE-CONSTRUCTION SERVICES
Although CM@Risk has performed Pre-Construction Services pursuant to a separate 
Agreement between City and CM@Risk, the completion, quality and accuracy of those services 
and the deliverables provided by City thereunder directly impact CM@Risk’s performance of 
its obligations under this Agreement. Therefore, all of CM@Risk’s obligations, duties, and 
warranties in relation to Pre-Construction Services and deliverables survive completion of the 
Pre-Construction Services Agreement and are incorporated herein. Any breach of any of 
CM@Risk’s duties, obligations, or warranties under the Pre-Construction Services Agreement 
will likewise be considered a breach of this Agreement. 
 CONSTRUCTION SERVICES 
4.1 
GENERAL 
4.1.1 
CM@Risk agrees at its own cost and expense, to do all work necessary and 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, and within the schedule, stated in attached Exhibit A.

Project Name: SEWER LIFT STATION REHABILITATION  
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Project No.: WW2106.401 
Rev. 1/6/2023 
4.1.2 
CM@Risk 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. 
4.1.3 
This is an Agreement for complete construction services in accordance with the 
Construction Manager at Risk method of delivery of construction services.  CM@RISK has 
participated in the design process and been an active member of the Project Design 
Team and is fully aware of any issues and constraints involved in this Construction 
Project.   
4.1.4 
CM@RISK is the CITY’s fiduciary responsible for undertaking all necessary action 
contemplated under the Agreement documents to construct the Project and ensure 
timely and quality completion of the Project at a cost within the Guaranteed Maximum 
Price (GMP).   
4.1.5 
At all times relevant to this Agreement and performance of the Work, the CM@Risk must 
fully comply with all Laws, Regulations, or Legal Requirements applicable to City, the 
Project and the Agreement, 
including, without limitation, those set forth on attached 
Exhibit A. 
4.1.6 
CM@Risk must perform the Work under this Agreement using only those firms, team 
members and individuals designated by CM@Risk consistent with the Statement of 
Qualifications dated March 29, 2022, the GMP Proposal, or otherwise approved by City 
pursuant to the General Conditions. No other entities or individuals may be used without 
prior approval of the Project Manager 
4.1.7 
CM@Risk will comply with all terms and conditions of the General Conditions. 
4.1.8 
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. 
4.1.9 
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, CM@Risk hereby transfers and assigns ownership of the 
copyright in such Work to City. The rights in this Section are exclusive to City in perpetuity.

Project Name: SEWER LIFT STATION REHABILITATION  
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Project No.: WW2106.401 
Rev. 1/6/2023 
4.2 
CM@RISK’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES 
 
4.2.1 
The CM@Risk must provide the Deliverables in accordance with Section 4.2 of the 
General Conditions.   
4.3 
PRE-CONSTRUCTION CONFERENCE 
Refer to Section 4.3 of the General Conditions. 
 
4.4 
PERFORMANCE 
OF 
THE 
WORK 
(INCLUDING 
FIELD 
MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS) 
Refer to Section 4.4 of the General Conditions. 
 
4.5 
CONTROL OF THE PROJECT SITE 
Refer to Section 4.5 of the General Conditions. 
4.6 
PROJECT SAFETY 
Refer to Section 4.6 of the General Conditions. 
 
4.7 
MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS 
Refer to Section 4.7 of the General Conditions. 
 
4.8 
PROJECT RECORD DOCUMENTS 
Refer to Section 4.8 of the General Conditions. 
 
4.9 
WARRANTY AND CORRECTION OF DEFECTIVE WORK 
Refer to Section 4.9 of the General Conditions. 
 CITY RESPONSIBILITIES 
5.1 
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 
6.1 
GENERAL
 
6.1.1
The Agreement Duration is 525 Calendar Days.
 
6.1.2 
The Agreement Time will start with the Notice to Proceed (NTP) and end with Final
Acceptance, as set forth in Article 6.4 below. The Notice to Proceed cannot be issued until 
approval and acceptance by City of the GMP or Fixed Price.

Project Name: SEWER LIFT STATION REHABILITATION  
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Project No.: WW2106.401 
Rev. 1/6/2023 
6.1.3 
The Agreement Time will be as set forth in the Project Schedule. CM@Risk agrees that 
it will commence performance of the Work and complete the Project through Final 
Acceptance within the Agreement Time. 
6.1.4 
Time is of the essence of this Agreement for the Project, and for each phase and 
designated Milestone thereof. 
6.2 
PROJECT SCHEDULE 
6.2.1 
The Project Schedule approved as part of the GMP Proposal and incorporated herein as 
part of the attached Exhibit D must be updated and maintained throughout CM@Risk’s 
performance under this Agreement in accordance with Section 6.2 of the General 
Conditions. 
6.2.2 
Failure on the part of CM@Risk to adhere to the approved Project Schedule will be 
deemed a material breach and sufficient grounds for termination of this Agreement by 
City. 
6.2.3 
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 
6.3 
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. 
6.4 
FINAL ACCEPTANCE 
6.4.1 
Final Acceptance will be obtained within the time period set forth in the Project Schedule. 
6.4.2 
Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions. 
6.5 
LIQUIDATED DAMAGES 
6.5.1 
Substantial Completion Liquidated Damages. CM@Risk acknowledges and agrees that 
if CM@Risk 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 CM@Risk agree that if CM@Risk fails to achieve Substantial Completion of the Work 
within the Agreement Time, City will be entitled to retain or recover from CM@Risk, as

Project Name: SEWER LIFT STATION REHABILITATION  
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Project No.: WW2106.401 
Rev. 1/6/2023 
liquidated damages and not as a penalty, the sum per calendar day as indicated in MAG 
§ 108.9.
6.5.2 
Final Acceptance Liquidated Damages. For the same reasons set forth in Article 6.5.1 
above, City and CM@Risk further agree that if CM@Risk fails to achieve Final Acceptance 
of the Work within the Agreement Time, City will be entitled to retain or recover from 
CM@Risk, 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. 
6.5.3 
MAG Liquidated Damages. If no liquidated damages are specified in Articles 6.5.1 or 6.5.2 
above, then the liquidated damages provisions in MAG § 108.9 will apply. 
6.5.4 
City may deduct liquidated damages described in this Article 6.5 from any unpaid 
amounts then or thereafter due CM@Risk under this Agreement. Any liquidated damages 
not so deducted from any unpaid amounts due CM@Risk 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 CM@Risk. 
6.6 
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY 
6.6.1 
CM@Risk and City waive claims against each other for consequential damages arising 
out of or relating to this Agreement. This mutual waiver includes: 
6.6.1.1 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 
6.6.1.2 Damages incurred by CM@Risk 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. 
6.6.2 
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 6.6 
will be deemed to preclude an award of liquidated damages, when applicable, in 
accordance with Article 6.5 above. 
6.6.3 
Nothing herein will be deemed to constitute a waiver of any other remedy available to 
City in the event of CM@Risk’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 CM@Risk, the cost and expense of which will be offset against any monies 
then or thereafter due to CM@Risk (if any) and otherwise immediately reimbursed to 
City by CM@Risk.

Project Name: SEWER LIFT STATION REHABILITATION  
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Project No.: WW2106.401 
Rev. 1/6/2023 
 AGREEMENT PRICE 
7.1 
AGREEMENT PRICE 
7.1.1 
In exchange for CM@Risk’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 CM@Risk the “Agreement Price,” which:  
The sum of the CM@Risk’s Fee and reimbursable Cost of the Work, as defined in Section 
15 of the General Conditions, which the CM@Risk guarantees will not exceed the GMP 
set forth in Exhibit D in the amount of $9,280,107.02.  Costs which would cause the 
GMP to be exceeded must be paid by CM@Risk without reimbursement from City. 
7.1.2 
The Agreement Price is all-inclusive and specifically includes all fees, cost, insurance and 
bond premiums, allowances, construction contingency, owner’s contingency, and taxes 
of any type necessary to fully, properly and timely perform and construct Work. 
7.2 
CHANGES TO AGREEMENT PRICE 
Shall be determined under Section 9 of the General Conditions. 
 FORCED LABOR OF ETHNIC UYGHURS PROHIBITED 
8.1 
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