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Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page 1
Project No.:CA2206.402
Rev. 3/19/2024
CITY OF CHANDLER
JOB ORDER PROJECT AGREEMENT
DOWNTOWN ALLEY IMPROVEMENTS
(CALIFORNIA STREET TO SAN MARCOS ALLEYWAY)
Project No. CA2206.402
Council Date: June 12, 2025
This JOB ORDER PROJECT AGREEMENT (”Job Order”) is made this _____ day of _____________ 2025
(“Effective Date”), by and between the City of Chandler, an Arizona municipal corporation, (“City”)
and Achen-Gardner Construction, LLC, an Arizona limited liability company, (“JOC Contractor”)
and is entered into pursuant to Job Order Master Agreement No. JOC2404.401 (“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 February 7, 2024, 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 for construction services as more fully described in
Article 1 and 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 Downtown Alley Improvements
(California Street to San Marcos Alleyway), Project Number CA2206.402. The Downtown Alley
Improvements consist of surface enhancements, stamp asphalt, valley gutter, vertical curbs, signs,
and lighting improvements, all as more particularly set forth in Exhibit “A” attached hereto and
incorporated herein by reference.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page 2
Project No.:CA2206.402
Rev. 3/19/2024
The JOC Contractor will not accept any change of scope, or change in Agreement provisions, unless
issued in writing, as a Agreement 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.
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 $373,634.88 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. AGREEMENT TIME & SCHEDULE
JOC Contractor agrees to complete all Construction within 90 calendar days from the Notice to
Proceed (NTP) Date.
ARTICLE 4. JOB ORDER CONTACTS
The following parties serve in the capacity below for this Job Order Project.
CITY:
Construction Project Manager: Scott Riter
Phone: 480-782-3328
Email: Scott.Riter@chandleraz.gov
JOC CONTRACTOR:
Achen-Gardner Construction, LLC
2195 West Chandler Boulevard, Suite 200, Chandler, AZ 85224
JOC Contractor Representative: Bryan Mueller
Phone: 480-940-1300
Email: bmueller@achen.com
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page 3
Project No.:CA2206.402
Rev. 3/19/2024
ARTICLE 5. 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
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page 4
Project No.:CA2206.402
Rev. 3/19/2024
IN WITNESS WHEREOF, the Parties have executed this Job Order as of the Effective Date.
“CITY”
CITY OF CHANDLER
Mayor
RECOMMENDED BY:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“JOC CONTRACTOR”
ACHEN-GARDNER CONSTRUCTION, LLC
Signature
Date
Print Name
Title
Signer Email Address
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Vice President
May 20, 2025
bmueller@achen.com
Bryan Mueller
May 20, 2025
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page A-1
Project No.: CA2206.402
Rev. 3/19/2024
EXHIBIT A
SCOPE OF WORK
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Hallway Alley Improvements California St. to San Marcos Alley Construction Proposal
May 15, 2025
City of Chandler | Public Works & Utilities Department
Mr. Scott Riter
215 E. Buffalo Street
Chandler, Arizona 85224
City of Chandler Project No.: CA2206.402
Achen-Gardner Construction, LLC Project No.: 4105101
Dear Mr. Riter:
Attached please find Achen-Gardner Construction, LLC’s (“Achen-Gardner”) initial proposal for the
Hallway Alley Improvements California St. to San Marcos Alley construction scope of work as noted on
Exhibit “A” attached. The breakdown of the project costs is as follows:
1) Project Total = $373,634.88
The completed Proposal totals $333,634.88 for construction activities on the Chandler Alley Way
Improvements project. See Exhibit “B” for the Job Order Cost Proposal – Summary Sheet.
Should you have any questions and/or comments, please feel free to contact me via cell phone at
(480) 403-9399 or e-mail dbroderick@achen.com.
Sincerely,
ACHEN-GARDNER CONSTRUCTION, LLC
Dan Broderick, Sr. Project Manager
Attachments:
Exhibit A - SCOPE OF WORK, PROJECT-SPECIFIC CONDITIONS
Exhibit A.2 - PROJECT BASELINE SCHEDULE
Exhibit B - JOB ORDER COST PROPOSAL SHEET
Exhibit B.2 – GENERAL CONDITIONS AND SCHEDULE OF VALUES
Exhibit B.3 - LIST OF GMP DOCUMENTS
Exhibit G – SUBCONTRACTOR AND SUPPLIER QUOTATIONS
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT A: SCOPE OF WORK, PROJECT-SPECIFIC CONDITIONS
MAY 15, 2025
CITY OF CHANDLER – Hallway Alley Improvements California St. to San Marcos Alley
PROJECT NO: CA2206.402
Achen-Gardner Construction proposes to perform construction as noted in the following Exhibits and
Scope of Work narrative:
•
This project scope includes subgrade preparation for approximately 513 square yards, followed by
installing 3-inch asphalt concrete (AC) pavement over 6 inches of aggregate base course (ABC). It
also includes 511 square yards of AC pavement and 300 linear feet of AC thickened edge. The scope
further covers the construction of approximately 1,079 square feet of concrete valley gutter.
Demolition and removals include existing asphalt pavement, water meter box, concrete valley
gutter, and signage. Additional work items include installation of a traffic sign support system,
removal and replacement of water meter boxes to traffic-rated utility box and cover, concrete
equipment pad, void filling and compaction, pavement marking arrows, and placement of 740
square feet of 3 inches of decomposed granite for landscape or ground cover treatment.
•
Additional add for asphalt stamping and painting is itemized and included in Exhibit B.2.
•
The quantities for this project (Project No. CA2206.402) are as per Exhibit B.2 – Schedule of Values.
•
Schedule Assumptions: Project duration is 4 weeks
•
Work hours shall be regular daytime work hours, Monday through Friday. This does not include the
cost of any work to be done during unscheduled overtime or weekends. Any necessary weekend
work will be an additional cost to the contract.
•
The proposal is based on the attached vendor’s and subcontractor’s proposals, including their
inclusions and exclusions.
•
Owner’s (City) Allowance: Additional services may be required during the course of design and/or
construction due to unforeseen circumstances/conditions. This allowance is intended for additional
services (detailed description to be defined later) that will be provided upon written authorization
from the city.
•
This Proposal excludes:
o SWPPP plan, manual, and NOI (Achen Gardner is disturbing less than one acre)
o City permit and plan review fees, Quality Assurance (QA), City inspection and testing costs,
impact fees, and utility company fees
o Handling/disposing of hazardous materials
o Acquisition of temporary/permanent easements and/or rights-of-way
o Night, weekend, and overtime hours
o Off-duty police officers
o The city is allowing full closure of the alley, and work will be continuous without interruption.
o Relocation of the existing Guy wire and foundation
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
PROJECT: Chandler Downtown Alley
Improvements
Date : 5/15/25
AGC Job #: 4105101
NOTES
7
8
9
10 11 12 13 14 15 16 17 18 19 20
21
22
23
24
25
26
27
28
29
30
31
X = Day Time Work
M T W T
F
S
S
M T W T
F
S
S
M
T
W
T
F
S
S
M
T
W
T
N = Night Time Work
Mobilize and Yard Setup
X X
Remove Meter Boxes, Bollards, Signs
X X X
Remove Sidewalk and Ramp
X X X
Subgrade Prep and Scarify
X
X
FPS Concrete Slab
X X
X
X X
Place Concrete Curb
X X
Sawcut AC and Concrete
X
Concrete Valley Gutter and Tie-in
X
X X
Install Meter Boxes
X
Place ABC
X X
Remove AC
X
Place Decomposed Granite
X
Place Asphalt and Thickened Edge
X X
Stamp and Paint Asphalt
X X
Install Traffic Signage
X
Adjust Valves
X
Cleanup and Punchlist
X X X
July
ACTIVITY
Project Schedule
PROJECT SCHEDULE - CHANDLER ALLEYWAY IMPROVEMENTS
ACHEN-GARDNER CONSTRUCTION
2195 W. Chandler Boulevard, Suite 200
Chandler. AZ 85224
PHONE: (480) 940-1300 FAX: (480) 940-4576
EXHIBIT A.1 - PROJECT BASELINE SCHEDULE
MAY 15, 2025
CITY OF CHANDLER - Hallway Alley Improvements California St. to San Marcos Alley
Project NO. CA2206.402
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT B
FEE SCHEDULE
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page B-1
Project No.:CA2206.402
Rev. 3/19/2024
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Negotiated Prices
53,645.00
$
-
$
55,077.00
$
-
$
171,783.00
$
SUBTOTAL (NEGOTIATED PRICES):
280,505.00
$
9.00%
25,245.45
$
TOTAL (NEGOTIATED PRICES + OVERHEAD & PROFIT):
305,750.45
$
Sales Tax Percentage (Current Tax Rate)
5.07%
15,501.55
$
General Liability Insurance Percentage (Actual Cost per Job Order)
5,962.13
$
Builder's Risk Insurance Percentage (Actual Cost per Job Order)
1,528.75
$
Payment Bond (Actual Cost per Job Order)
2,446.00
$
Performance Bond (Actual Cost per Job Order)
2,446.00
$
SUBTOTAL (INSURANCE, BONDS, & TAXES):
27,884.43
$
COMBINED TOTAL (TOTAL + INSURANCE, BONDS, & TAXES):
333,634.88
$
City's Allowance
40,000.00
$
TOTAL JOB ORDER:
373,634.88
$
Price of Subconsultant(s)
5/12/2025
EXHIBIT "B"
JOB ORDER COST PROPOSAL
SUMMARY SHEET
Price of Subcontractor(s)
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, properly 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.
General Conditions
Preconstruction Labor (if applicable)
Construction Labor (if applicable)
Overhead and Profit (Coefficient per Job Order Master Agreement)
Insurance, Bonds, & Taxes
ENTER TAX % HERE:
5/15/2025
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
CITY OF CHANDLER - Alley way Improvements
PROJECT NO.: CA2206.402
ACHEN-GARDNER CONSTRUCTION, LLC
550 S. 79th STREET
CHANDLER, AZ 85226
PROJECT NO.: 34105101
PAY ITEM
DESCRIPTION
QUANTITY
UM UNIT PRICE
TOTAL
188.01
PROJECT SUPERINTENDENT/VEHICLE
176.00
HR
150.93
26,563.68
188.02
PROJECT MANAGER/VEHICLE
44.00
HR
150.92
6,640.48
188.03
PROJECT ENGINEER/VEHICLE
44.00
HR
122.11
5,372.84
188.04
ICE AND WATER
20.00
DY
10.00
200.00
188.05
YARD RENTAL (CITY OWNED ON PROJECT SITE - NC)
1.00
LS
-
0.00
188.06
YARD FENCING
2.00
MO
650.00
1,300.00
188.07
YARD / FIELD TOILET (2)($150 EA / MO)
2.00
MO
500.00
1,000.00
188.08
BUY CONSTRUCTION WATER
1.00
LS
2,500.00
2,500.00
188.09
SWEEPING
1.00
LS
2,500.00
2,500.00
188.10
DUMP FEES
1.00
LS
2,500.00
2,500.00
188.16
END OF PROJECT CLEANUP
1.00
LS
5,000.00
5,000.00
188.17
SMALL TOOLS AND SUPPLIES
1.00
LS
1,500.00
1,500.00
GENERAL CONDITIONS (DIRECT COSTS)
55,077.00
188
MONTHLY GENERAL CONDITIONS
1
MO
55,077.00
5/12/2025
EXHIBIT B.2 - GENERAL CONDITIONS
5/12/2025
5/15/2025
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
LINE
NO
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENDED PRICE
1
Construction Survey and Layout
LS
1
$ 9,055.00
9,055.00
$
2
Mobilization/Demobilization
LS
1
$ 26,548.00
26,548.00
$
3
Subgrade Preparation
SY
513
$ 67.00
34,371.00
$
4
Pavement Section No.1 (3" AC on 6" ABC)
SY
511
$ 37.00
18,907.00
$
AC T
ned Edge (MAG STD DET 201, Type A)
LF
300
$ 21.00
6,300.00
$
6
Single Curb (MAG Std Det 222, Type A)
LF
275
$ 32.00
8,800.00
$
7
Concrete Valley Gutter (MAG Std Det 240) (MODIFIED)
SF
1,079
$ 14.00
15,106.00
$
8
Adjust Valve Box Frame & Cover w/ Concrete Collar (MAG Std Det 391-1, Type A)
EA
3
$ 1,128.00
3,384.00
$
9
Remove Asphaltic Concrete Pavement
SY
50
$ 67.00
3,350.00
$
10
Remove Concrete Driveway
SF
33
$ 45.00
1,485.00
$
11
Remove Concrete Valley Gutter
SF
10
$ 152.00
1,520.00
$
12
Remove Water Meter Box
EA
6
$ 720.00
4,320.00
$
13
Remove Sign
EA
1
$ 926.00
926.00
$
14
Install Traffic Sign System
EA
6
$ 162.00
972.00
$
15
Traffic Control
LS
1
$ 9,568.00
9,568.00
$
16
Traffic Rated Box & Cover (MAG Std Det 319 Box Number 1324 w/ Circular Antennae)
EA
5
$ 1,460.00
7,300.00
$
17
Concrete Pad
SF
16
$ 419.00
6,704.00
$
18
Relocate Guy Wire and Foundation
EA
1
na
na
19
Fill & Compact Voids
EA
1
$ 9,665.00
9,665.00
$
20
3" Decomposed Granite, 1/2" Minus (Desert Gold)
SF
740
$ 24.00
17,760.00
$
21
Preformed Pavement Marking Arrows
EA
3
$ 432.00
1,296.00
$
22
Permits
LS
1
$ 4,365.00
4,365.00
$
TOTAL CONSTRUCTION
$ 191,702.00
ALT
Asphalt Stamping & Painting
SY
511
66
$ 33,726.00
TOTAL CONSTRUCTION WITH ALTERNATE
$ 225,428.00
1
Install Streetlight
EA
2
na
na
Date Printed: 4/15/2025 Dibble Page 1
055.00
$
2
Mobilization/Demobilization
LS
1
$ 26,548.00
26,548.00
$
3
Subgrade Preparation
SY
513
$ 67.00
34,371.00
$
4
Pavement Section No.1 (3" AC on 6" ABC)
SY
511
$ 37.00
18,907.00
$
5
AC Thickened Edge (MAG STD DET 201, Type A)
LF
300
$ 21.00
6,300.00
$
6
Single Curb (MAG Std Det 222, Type A)
LF
275
$ 32.00
8,800.00
$
7
Concrete Valley Gutter (MAG Std Det 240) (MODIFIED)
SF
1,079
$ 14.00
15,106.00
$
8
Adjust Valve Box Frame & Cover w/ Concrete Collar (MAG Std Det 391-1, Type A)
EA
3
$ 1,128.00
3,384.00
$
9
Remove Asphaltic Concrete Pavement
SY
50
$ 67.00
3,350.00
$
10
Remove Concrete Driveway
SF
33
$ 45.00
1,485.00
$
11
Remove Concrete Valley Gutter
SF
10
$ 152.00
1,520.00
$
12
Remove Water Meter Box
EA
6
$ 720.00
4,320.00
$
13
Remove Sign
EA
1
$ 926.00
926.00
$
14
Install Traffic Sign System
EA
6
$ 162.00
972.00
$
15
Traffic Control
LS
1
$ 9,568.00
9,568.00
$
16
Traffic Rated Box & Cover (MAG Std Det 319 Box Number 1324 w/ Circular Antennae)
EA
5
$ 1,460.00
7,300.00
$
17
Concrete Pad
SF
16
$ 419.00
6,704.00
$
18
Relocate Guy Wire and Foundation
EA
1
na
na
19
Fill & Compact Voids
EA
1
$ 9,665.00
9,665.00
$
20
3" Decomposed Granite, 1/2" Minus (Desert Gold)
SF
740
$ 24.00
17,760.00
$
21
Preformed Pavement Marking Arrows
EA
3
$ 432.00
1,296.00
$
22
Permits
LS
1
$ 4,365.00
4,365.00
$
TOTAL CONSTRUCTION
$ 191,702.00
ALT
Asphalt Stamping & Painting
SY
511
66
$ 33,726.00
TOTAL CONSTRUCTION WITH ALTERNATE
$ 225,428.00
1
Install Streetlight
EA
2
na
na
Date Printed: 4/15/2025 Dibble Page 1
HALL WAY ALLEY
City of Chandler Project No. CA2206.401 April 15, 2025
QUANTITIES (100% SUBMITTAL)
REMOVALS & RELOCATIONS
IMPROVEMENTS BY APS
Proposal for construction services - 5/15/25
General Conditions included in Exhibit B:
Price of Subcontractors $53,645.00
Price of AGC Self Performance: $171,783.00
Sub total = $225,428.00
General Conditions = $55,077.00
Project Subtotal = $280,505.00
EXHIBIT B.2 - SCHEDULE OF VALUES
MAY 15, 2025
CITY OF CHANDLER - Hallway Alley Improvements California St. to San Marcos Alley
Project NO. CA2206.402
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT B.3: LIST OF JOC DOCUMENTS
MAY 15, 2025
CITY OF CHANDLER – Hallway Alley Improvements California St. to San Marcos Alley
PROJECT NO: CA2206.401
•
Dibble - 100% plan set Downtown Alley Improvements (California, Boston & Commonwealth) –
Dated April 15, 2025.
•
City of Chandler via Andrew Sprea, PE. – 100% Technical Specifications, Hallway Alley
Improvements California St. to San Marcos Alley City of Chandler Project No. CA2206.401 –
Dated April 15, 2025.
•
Dibble – Hallway Alley Quantities (100% Submittal) – Dated April 15, 2025.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT C
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page C-1
Project No.:CA2206.402
Rev. 3/19/2024
PERFORMANCE BOND
ARIZONA STATUTORY PERFORMANCE BOND
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Agreement amount)
KNOW ALL MEN BY THESE PRESENTS THAT:___________________________________________________
(hereinafter "Principal"), and __________________________________________________________ (hereinafter "Surety"), a
corporation organized and existing under the laws of the State of ______________ with its principal office in the City of
_____________________________, holding a certificate of authority to transact surety business in Arizona issued by the
Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto
__________________________(hereinafter "Obligee") in the amount of ________________________________________________
(Dollars) ($___________), 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 Agreement with the Obligee, dated
the ____________ day of _______________________, 20___ for construction of Downtown Alley Improvements (California Street
to San Marcos Alleyway), CA2206.402 which Agreement 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 Agreement during the original term of
the Agreement and any extension of the Agreement, with or without notice of the Surety, and during the life of any
guaranty required under the Agreement, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the Agreement 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 Agreement.
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
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT D
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page D-1
Project No.:CA2206.402
Rev. 3/19/2024
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 Agreement 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 Agreement with the Obligee, dated the _________ day of
_______________________, 20___ for construction of Downtown Alley Improvements (California Street to San Marcos
Alleyway), CA2206.402 which Amendment 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 Agreement, 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 Agreement.
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
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT E
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page E-1
Project No.:CA2206.402
Rev. 3/19/2024
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS
________________________, Arizona
Date ____________________________
Project:
DOWNTOWN ALLEY IMPROVEMENTS (CALIFORNIA STREET TO SAN MARCOS
ALLEYWAY)
Project No.: CA2206.402
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 Agreement, 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
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT F
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page F-1
Project No.:CA2206.402
Rev. 3/19/2024
CERTIFICATE OF COMPLETION
Project:
DOWNTOWN ALLEY IMPROVEMENTS (CALIFORNIA STREET TO SAN MARCOS
ALLEYWAY)
Project No.: CA2206.402
(TO BE COMPLETED BY CONTRACTOR)
I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER PROJECT NO.
CA2206.402 HAVE BEEN DELIVERED IN ACCORDANCE WITH THE AGREEMENT DOCUMENTS AND BID
SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE CONTRACTOR UNDER THE AGREEMENT 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
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT G
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page G-1
Project No.:CA2206.402
Rev. 3/19/2024
SUBCONTRACTOR DOCUMENTS WITH JOC CONTRACTOR
Any subcontractor assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the JOC Contractor and their
subcontractors, and do not apply to the Agreement between the JOC Contractor and
the City.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
QUOTATION
Date: 05/01/2025
Quote #: 2008899320
Account: 213235
ACCOUNT : ACHEN-GARDNER
CONSTRUCTION LLC
QUOTE NAME : CHANDLER HALL WAY ALLEY / 179
W COMMONWEALTH AVE / CHANDLER
Bill-To Address: 2195 W. CHANDLER BLVD,
Suite 200
CHANDLER AZ 85224
Attn: Carson Bryce
Ship-To Address: 179 W COMMONWEALTH
AVE AZ051099
CHANDLER AZ 85225
Effective Date: 05/01/2025
Expiration Date: 05/31/2025
Upon Acceptance Price Valid Until: 09/30/2025
Sales Representative: Lyndsay Ervine
Phone: +1 (480) 647-5404
Email: ervinel@vmcmail.com
100 - Aggregates
Plant
Product ID
Product Name
Qty
U/M
Unit Price
Haul Rate
Total
Delivered
Price
VAL VISTA SAND
& GRAVEL
16272
MAG SPEC ABC
LIME TREATED
169
TON
$14.25
$9.20
$23.45
200 - Asphalt
Plant
Product ID
Product Name
Qty
U/M
Unit Price
Haul Rate
Total
Delivered
Price
SAN TAN HMA
331517T
1/2" EVAC PG
70-10
100
TON
$81.00
$9.00
$90.00
ADDITIONAL CHARGES
Product ID
Product Name
Price/%
Per UOM
ENVFEE
Environmental Fee -Agg & Asphalt
$4.00
LOAD
1
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
ADDITIONAL INFORMATION
HMA ORDER VOLUME: All daily orders under 100 tons of asphalt will incur Gomez Price plus the haul charge.
MATERIAL PRICING: Quoted material prices are valid only until the quote/sales order expiration date,
regardless of quote acknowledgment or PO status. Prices for materials provided after the expiration date are
subject to increase.
PRODUCTION AND AVAILABILITY: Vulcan Materials plants serve multiple customers and strive to meet all
production timelines. However, Vulcan is not responsible for project or trucking delays due to material or
production availability. Quotes are subject to product/material availability, and production is scheduled on a
first-come, first-served basis.
MATERIAL SPECIFICATIONS: Quoted materials are based on specifications not reviewed. Any required
changes or substitutions from what is on this quote are subject to price adjustment.
Logistics / Hauling:
Trucking is based on availability and Vulcan Materials will not be held responsible for schedule impacts due to
trucking shortages. The delivered price is based on 23.50 tons (full load); a short load fee will apply if under
23.50 tons. Truck stand-by will be charged on-site after the first 20 minutes at the rate of $100 per hour or
$1.67 per minute. All night work will be subject to an 8-hour minimum hourly haul charge and subject to
additional charges pending the hauler charging an additional 8 hrs due to days' worth of work that is lost. Any
cancellation of night work needs to be done 24 hours ahead of schedule. All weekend work will be subject to a
4-hour minimum hourly haul charge.
Product Availability:
Prices quoted are for regular business hours: Monday - Friday, 6 AM to 5 PM. Plant premiums will apply for
nightwork and/or weekends. Overtime will be subject to a charge of $350.00 per hour.
The quote is subject to product or material availability due to current aggregate demand.
2
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Prices quoted above do not include any state or local sales and use tax, if any applies for this project.
Prices quoted are for shipments during normal daytime working hours unless other shipping hours are mutually agreed upon
in writing by both parties.
All prices are FOB point of shipment from the designated location unless a delivered price is stated. Terms are Net 15 prox. Please note
standard terms and conditions apply. (Subject to credit approval).
This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision.
Please contact Sales prior to placing the order.
Accepted by: _________________________________
Sales Representative: __________________________
Date: ___________________________________
Date: ___________________________________
We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure of serving your needs for this and future projects.
3
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
GENERAL TERMS AND CONDITIONS
Prices are based on the terms and conditions set forth on page 1 of this Quotation, of which these General Terms and Conditions form a part, the
terms and conditions stated in Customer’s Application for Business Credit, and, if applicable, any terms and conditions relating to the delivery or
shipment of materials by truck, barge, vessel, rail or other means which are provided by Vulcan to Customer in addition to this Quotation (each, a
“Vulcan Sales Document”, and collectively, the “Vulcan Sales Documents”). Prices are available only to the customer specifically named therein, and
are only for the quantities mentioned in such Quotation or Sales Order plus or minus 10% of such quantities. A charge of 1.5% per month, (18%
annum), will accrue on a daily basis from the date of invoice and will continue to accrue on a daily basis on any unpaid balance, both before and after
judgment, until the date the balance is paid in full, or at the maximum amount permitted by law in which the sale occurred, whichever is less.
However, the assessment of a finance charge on invoices paid in full by the payment due date will be waived. Quotation is offered for furnishing the
total aggregate requirements for the project only. Customer’s contract with Vulcan regarding the sale by Vulcan to Customer of the materials listed in
this Quotation is subject to the terms and conditions set forth in the Vulcan Sales Documents. Prices reflect Customer's acceptance of materials at
the quoted plant based upon gradation analysis performed and reported by Vulcan's certified plant quality control personnel. Any penalties that result
from in place sampling shall be the full responsibility of Customer.
THE TERMS AND CONDITIONS OF THE VULCAN SALES DOCUMENTS GOVERN THE RIGHTS AND OBLIGATIONS OF THE PARTIES
If Customer has issued a purchase order for the materials quoted by Vulcan in this Quotation, this Quotation is not an acceptance of said purchase
order, or any of its terms or conditions, which are hereby rejected. Any sale by Vulcan to Customer of the materials listed in this Quotation shall be
subject to the terms and conditions set forth in the Vulcan Sales Documents, and Customer’s receipt or acceptance of said materials shall constitute
acceptance of the offer that this Quotation constitutes. Any terms or conditions of a subsequent purchase order issued by Customer that are
inconsistent with the terms and conditions of the Vulcan Sales Documents shall be null and void.
SHIPMENT AND DELIVERY
Unless a "delivered" price is quoted by Vulcan in the Vulcan Sales Documents, all prices are F.O.B. point of shipment from the locations designated.
All taxes applicable to the sale or delivery of materials that are not paid directly by Customer will be added to the sales price, invoiced to and paid by
Customer, unless Customer provides Vulcan with satisfactory evidence of exemption from same. Shipment will be in accordance with Customer’s
reasonable instructions or, if none, then by whatever means Vulcan shall deem practicable. The quantities of material delivered to Customer shall be
conclusively presumed to be the quantities shown on the tickets produced from a certified weigh scale at Vulcan’s quarry or sales yard.
CREDIT AND DEFAULT
Vulcan shall have no obligation to ship or deliver except upon its determination prior to each shipment or delivery that Customer is worthy of the
credit to be extended and is not in default upon any obligation to Vulcan. Upon default, Customer agrees to pay all of Vulcan’s collection expenses,
including attorneys’ fees.
INSURANCE
A Memorandum of Insurance containing current information regarding Vulcan’s insurance program is available at
https://marshdigital.marsh.com/marshconnect/viewMOI.action?clientId=632529479
EXCULPATORY PROVISIONS
Vulcan shall have no liability for delay or failure to make shipments, or delivery, as a result of strikes, labor problems, severe weather conditions,
casualty, mechanical breakdown or other conditions beyond Vulcan’s reasonable control. In no event shall Vulcan be liable for any incidental or
consequential damages. Vulcan’s liability and Customer’s exclusive remedy for any cause of action arising out of the provision of material quoted
herein shall be the replacement of, or payment of the purchase price for, the materials which are the subject of this Quotation
CHANGE OF TERMS
Vulcan may change the price and/or quantity upon 30 days’ notice to Customer. Vulcan shall also have right to change, modify or amend any other
terms and conditions upon written notice of such change to customer. The effect of the change shall be as stated in the written notice and accepted
by Customer upon placing of orders with seller following receipt of such notice.
APPLICABLE LAW
All orders are subject to acceptance by Vulcan at the headquarters of its Mountain West Division in Phoenix, Arizona, and the laws of the state in
which the materials was shipped from shall apply to the sale of all materials subject hereto. In the event material is imported into the U.S., the law in
the state in which the material was sold to the customer will prevail. All disputes regarding finance charges shall be governed by Alabama law
LIMITED WARRANTY AND WARRANTY DISCLAIMER
Vulcan warrants for a period of one (1) year from date of delivery only that the material sold hereunder substantially complies with Vulcan’s
specifications for said material or the specifications set forth in Vulcan’s quotation. VULCAN HEREBY EXCLUDES ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF THE MATERIAL SOLD
HEREUNDER, OTHER THAN THE EXPRESS WARRANTY STATED ABOVE. In addition, except to the extent otherwise set forth in the
specifications described above, Vulcan makes no warranty whatsoever with respect to specific gravity, absorption, whether the material is innocuous,
non-deleterious, or non-reactive, or whether the material is in conformance with any plans, other specifications, regulations, ordinances, statutes, or
other standards applicable to Customer’s job or to said material as used by Customer. VULCAN SHALL IN NO EVENT BE
RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE CAUSED BY NON-COMPLIANCE OF THE MATERIAL WITH
SPECIFICATIONS, OR FOR ANY DEFECTS IN THE MATERIAL SOLD HEREUNDER
4
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
1027 East Curry Road, Tempe AZ 85288 – T: 480-446-9000 F: 480-446-9001 AZROC#155125
421 West Palmer Ave, Glendale, CA 91204 - T: 480-446-9000 F: 480-446-9001 CAROC#1042300
Dba Creative Paving Coating Solutions
Proposal
Achen-Gardener Construction
Bryon Lively
(602) 741-1054
2195 W Chandler Blvd #200, Chandler, AZ 85224
Via e-mail to: blively@achen.com
May 7, 2025
Job Number: 250150
City of Chandler Alleyway
Chandler, AZ
Creative Paving Solutions proposes furnishing the materials and performing the labor necessary to complete the
line items listed below:
Line Item 1 – Stamped Asphalt– We will prep, layout, stamp, coat, and seal approximately 4,557 square feet of existing
new asphalt using Decocoat Polymer Systems DP-200 and Decocoat Polymer Systems Sealer Concentrate. The pattern
and color will determined by the owner. We will do this work for $6.75 per square foot for a total of $30,759.75 plus
applicable sales taxes.
THIS PRICE DOES NOT INCLUDE MULTICOLOR STAMPED ASPHALT, ASPHALT/CONCRETE REPAIR, TRAFFIC
CONTROL, ASPHALT/CONCRETE PAVING, WEEKEND WORK, DAVIS BACON WAGES, UNION WAGES AND/OR
PREMIUM PAY NOT CAUSED BY CREATIVE PAVING.
CREATIVE PAVING IS NOT RESPONSIBLE FOR CURRENT AND/OR FUTURE CRACKS OR BELOW GRADE MOISTURE.
THE SCHEDULE CAN CHANGE DUE TO INCLEMENT WEATHER.
●
Any additional square footage will be charged at the same rates as shown above per square foot plus applicable
sales taxes.
●
Prices are valid for sixty days from the date of this proposal.
●
Payment will be made as follows:
o
Payments will be due 30 days after invoicing. We offer a 2% discount on any full invoice (without
retention deducted) paid within 7 days of invoice date. Invoices not paid within 45 days of invoice date
will be subject to a 1.8% finance charge per month.
o
FINAL BILLING WILL BE BASED ON FIELD MEASUREMENTS OF ACTUAL WORK
COMPLETED. IF ACTUAL FIELD MEASUREMENTS ARE 10% OR GREATER LESS THAN
INITIALLY PROPOSED AN INCREASE IN THE PRICE PER SQUARE FOOT MAY BE REQUIRED.
●
Creative Paving Solutions is not responsible for and will not warranty any damage caused by anyone other than
Creative Paving Solutions.
●
Creative Paving Solutions will warranty all labor and material supplied by Creative Paving Solutions for one year
from the date of substantial completion of this project.
●
Exclusions:
o
Surveying and/or engineering
o
Bonds and permits
o
Cleaning prior to commencement of work (Heavy Duty)
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
FERGUSON WATERWORKS #1821
1800 NORTH ARIZONA AVENUE
CHANDLER, AZ 85225-7014
Phone: 602-495-8420
Fax: 602-262-4276
Deliver To: EXP 12/21 EM ECMS
From:
Hector Flores
hector.flores@ferguson.com
Comments:
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=3083&on=11045
16:51:51 MAY 07 2025
FERGUSON WATERWORKS #3083
Price Quotation
Phone: 602-495-8420
Fax: 602-262-4276
Bid No:
B451989
Bid Date:
05/07/25
Quoted By:
HBF
Cust Phone:
480-940-1300
Terms:
NET 10TH PROX
Customer:
ACHEN GARDNER CONSTRUCTIO
2195 W CHANDLER BLVD STE 200
CHANDLER, AZ 85224
Ship To:
ACHEN GARDNER CONSTRUCTIO
2195 W CHANDLER BLVD STE 200
CHANDLER, AZ 85224
Cust PO#:
CHANDLER, AZ
Job Name:
HALL WAY ALLY IMPROV
Page 1 of 2
Item
Description
Quantity
Net Price
UM
Total
OB132451JH
B1324 #2 TRFC RATED LID
5
406.740
EA
2033.70
OB1324BOX
B1324 #2 TRFC RATED BX W /BLTS
5
259.440
EA
1297.20
BGRE5LHVTSK4WCL35 5-1/4 VLV BX LID WTR W/ 4 SKT CL35
3
67.490
EA
202.47
IVBATS16
16 SLIP VLV BX TOP SECT
3
73.260
EA
219.78
IVBABS24
24 SLIP VLV BX BOT SECT
3
85.180
EA
255.54
IVBABS36
36 SLIP VLV BX BOT SECT
3
120.950
EA
362.85
SDC457BL
DEBRIS CAP F/ 461S TOP BLUE
3
91.250
EA
273.75
Net Total:
$4645.29
Tax:
$0.00
Freight:
$0.00
Total:
$4645.29
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
Due to the uncertain impact of potential tariffs, Ferguson's quotation/proposal has not included any provision or contingency for future tariffs or increase of
existing tariffs. Ferguson reserves the right to adjust prices to reflect the impact of any new or increased tariffs that affect our costs at the time of shipment.
Ferguson will provide notice of any such adjustments along with documentation supporting the changes.
CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE
IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale
LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water
systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable
applications. Buyer is solely responsible for product selection.
Buyer shall accept delivery of products within 60 days of Seller receiving the products at Seller's warehouse. If Buyer causes or requests a delay in
delivery of the products, Buyer may be subject to storage fees and additional costs caused by such delay. Seller reserves the right to requote the
products and reschedule the delivery date, subject to manufacturer's lead times and price increases, if Buyer is unable to accept delivery within 60
days.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at
Govt Buyers: All items are open market unless noted otherwise.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Page 2 of 2
16:51:51 MAY 07 2025
FERGUSON WATERWORKS #3083
Price Quotation
Fax: 602-262-4276
Reference No: B451989
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=3083&on=11045
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Quote Number:
Q10023676-0
Created On:
4/30/2025
Quote Expires On:
5/30/2025
Project:
City of Chandler Hall Way Alley
Account:
Achen Gardner Construction
LLC
Project Address:
Account Number:
40005
179 W Commonwealth Ave
Chandler, AZ 85225
Contact:
Carson Bryce
Estimated Start Date:
5/26/2025
E-mail:
cbryce@achen.com
Project End Date:
11/30/2025
Phone:
480-940-1300
Customer Service:
Sales Office Address: PO Box 741805 Kilgore Companies
Los Angeles, CA 90074-1805
MATERIAL PRICING
Item Code
Description
Quantity
Unit Price
12504
MAG-B 2500 PSI 1" ROCK
10 CY
$134.00
-Escalator of $8.00 effective 6/1/2025 recurring every 12 months
--
13004
3000 PSI MAG-A
10 CY
$136.00
-Escalator of $8.00 effective 6/1/2025 recurring every 12 months
--
14004
MAG-AA 4000 PSI, 1" ROCK
40 CY
$140.00
-Escalator of $8.00 effective 6/1/2025 recurring every 12 months
--
12506
MAG-B CURB 2500 1" SLIPFORM
20 CY
$136.00
-Escalator of $8.00 effective 6/1/2025 recurring every 12 months
--
SUNDRIES AND SURCHARGES
Item
Comments
Price
Unit
Fuel Surcharge RMX
$35.00
EA
WEEKEND TRUCK TIME
$50.00
HRS
ENVIRONMENTAL CHARGE
$25.00
EA
Load Size: 0.00 > 6.00
$200.00
CY
Additional Products & Services
Hot Water
$2.50
PCY
Recover per 1/2 hour
$4.00
OZ
Micro Fiber
$7.50
PCY
Color Wash Out
$25.00
EA
Nitrogen Cooling
$9.50
GAL
Non-Chloride Accerator (per 1%)
$0.00
GAL
Macro Fiber (Structural)
$7.00
PCY
Color Seal
$0.00
PCY
Chilled Water
$2.50
PCY
Respectfully,
Arizona Materials
Sales Rep: Randy Schmolke
Phone: 602-342-6595
Email: Randy.Schmolke@azmatl.com
Customer Acceptance
Signed by:
Date:
__Taxable __Tax Exempt (Attach Certificate)
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Quote Number:
Q10023676-0
Created On:
4/30/2025
Quote Expires On:
5/30/2025
CLAUSES
Delivery availability
The seller is not responsible for delays in delivery due to conditions or circumstances beyond his control.
To insure quality, the minimum order size will be two cubic yards.
The seller accepts no responsibility for damages to any curb and beyond the curb line.
It is the intent of the Seller to have ready mixed concrete arrive at Purchaser’s site at the time and rate ordered by Purchaser, but cooperation and 24-
hour advance notice are necessary to facilitate timely delivery. Seller agrees to use its best ability and dispatch in meeting requested delivery
schedules, but cannot guarantee same. Special arrangements must be made for deliveries of over 100 cubic yard per hour.
Customer must notify dispatch of quoted project, when orders are placed.
Buyer is responsible to provide access for the delivery of products under the delivery vehicle’s own power. Our delivery vehicle(s) carry chains that can
be used for an additional fee. The use of heavy equipment to propel delivery vehicle(s) in any way through inaccessible areas will not be permitted. In
the event a tow truck is needed to retrieve delivery vehicle(s) due to poor access, the Buyer will be billed for the towing cost and delivery vehicle’s time
related to the recovery and delivery.
Seller is not responsible for failure to make delivery when prevented by strikes; D.O.T. drivers’ hour of service; by accidents or necessary repairs to
machines or equipment; by fire, flood, power failure, water supply failure, or adverse weather conditions; by inability to procure materials or fuel; by
Government regulations, requirements or orders; or by any other causes beyond the Seller control.
Prior to unloading concrete, Purchaser shall inspect delivery tickets for conformity with order. The seller reserves the right to take test cylinders from the
concrete as delivered.
The seller will not be responsible for any concrete pumping overtime charges.
When deliveries are made to places other than on paved streets, Purchaser must provide suitable roadways or approaches, permitting safe access of
trucks to the point of delivery under their own power. Seller reserves the right to refuse deliveries in the event such roadways are not provided. If
Purchaser orders deliveries beyond the curb line, Purchaser shall be responsible for removal of mud from trucks wheels and tires, and Purchaser
assumes all liability for, and agrees to hold Seller harmless from, damage to trucks, sidewalks, driveways, roads, or other property, resulting from truck
weight or inadequate roadways or approaches to discharge points.
Payment terms
All credit sales are subject to the terms and conditions of a separate credit agreement between Seller and Purchaser, including but not limited to the
express agreement that, in addition
Accounts that are 60 days past due will be closed until balance is paid.
The seller strictly follows State Lien Law, issuing construction notice, notice to owner, preliminarynotice or notice to contractor, and/or intent to lien
filings, accordingly, without incident.
As to any matter wherein Purchaser intends to make a claim against Seller, written notice must be given to Seller promptly upon discovery of facts upon
which the claim may be based, the Seller shall be given full opportunity to investigate them. Otherwise said claim shall be deemed waived.
All Charge Accounts are due and payable 30 days after the date of the invoice. Any account not following the aforementioned payment terms are
deemed to be past due. All Past Due Accounts are subject to interest at the rate of 1 ½ percent per month (18% Per Annum) applied to the principal
monthly, plus any cost of collection, including, but not limited to, reasonable attorney's fees. NO RETENTION ALLOWED.
Pricing conditions
Purchase order numbers, if required by customer, must be provided prior to purchase.
Materials are quoted based on most recent information and specifications given to us by our customer.
Seller will accept no responsibility for final color, or variations in color, due to the many variables that affect it.
When orders are placed for this project it constitutes acceptance of the prices, terms and conditions of this quotation.
Since Seller has no control over the placing, curing, or handling of concrete after unloading, Seller cannot and does not guarantee the finished work for
which its concrete is used.
Prices are subject to change if data or specifications change.
Prices quoted are for the above referenced project only. Prices are good for thirty (30) calendar days from the quote date and through Expiration Date, if
the quote is accepted. After 30 days, customer will need to request a new quotation.
Price quote and customer account is subject to cancellation for an overdue account.
Concrete Pricing subject to change based on market conditions
This quotation is subject to credit approval. We reserve the right to cancel this quotation if credit terms are not met.
Subject to cement supply and availability, price increases, and supply of diesel fuel.
All order backs/split loads under 11 yds on one order are subject to Short Load Charges.
Arizona Materials will not be responsible for any concrete pumping overtime charges.
Applicable sales, excise, or use taxes are not included in the prices on the quote. Sales Tax can only be provided as an estimate, if needed. Customers
are responsible for paying any such taxes, which are, or may become applicable.
___Taxable ____Tax Exempt (Attach Certificate)
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Quote Number:
Q10023676-0
Created On:
4/30/2025
Quote Expires On:
5/30/2025
Customer must provide a copy of the tax exempt certificate before ordering any materials to not charge sales tax, otherwise taxes are due and payable
within credit terms.
Product performance
It is Contractors responsibility to contact Arizona Materials Quality Control Department with any concrete issues/concerns no later than 48 Hours after
placement.
All materials are produced in conformance with ACI / ASTM Standards. Contractor is responsible to provide safe access to the point of delivery.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
To:
Contact:
Estimating Dept.
Frank Church
City Of Chandler - Alley Improvements
Project Name:
Bid Number:
250258
Fax:
Address:
Phoenix, AZ
Phone:
Project Location:
California St & Hall Way Alley, Chandler, AZ
Bid Date:
5/9/2025
Total Price
Unit Price
Unit
Item Description
Item #
Estimated Quantity
$1,200.00
$400.00
3.00
01
EACH
Preformed Pavement Arrow
$1,800.00
$1,800.00
1.00
02
EACH
Mobilization
$3,000.00
Total Bid Price:
Notes:
• Our Quotation Excludes the Following: Survey, Sweeping, Stripe Obliteration, Sealer for Obliteration/ Rumble Strips, Traffic Control, Sales Tax,
Permits, Bond, As-Built Drawings, Removal/ Disposal of Lead or Asbestos Based Striping. Contractor to supply water and debris dump location on
jobsite.
• Striping survey is required per ADOT Specification 925-3. Payment Terms Net 30 Days (Retainage to match Owner's holding)/ A minimum of 14
days notice required prior to starting work.
• 1 Final markings mobilization included. Adjust mobilizations to fit your project schedule; Any Additional mobilizations will be billed at unit rate
above.
• This quote excludes any project management/ billing website fees (i.e. Textura)
• All railroad and/ or specialty insurance is excluded. A standard C.O.I. extension to match Owner's requirements.
• Bond Rate: $15.00/ $1000.00 (Minimum $100.00)
NAICS Code: 237310
• Pavement Marking License Number: 280635
This Estimate is Valid for 45 Days. PMI must receive up-to-date plans and specifications prior to mobilization
• Quantities shown are estimates only. Actual quantities installed will be used for billing. Quote to be used as part of our subcontract.
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
PMI AZ
Authorized Signature:
Estimator:
Frank Church
602-717-5388 frank.church@pmiaz.com
Page 1 of 1
5/7/2025 1:16:36 PM
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Achen Gardner | Chandler Hall Way Alley Improvements
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P25004331
Page 1 of 11
PROPOSAL
FOR
PROFESSIONAL SERVICES
CLIENT
Achen Gardner
DATE OF ORDER
05/07/2025
CONTACT
Andy Mortensen
PROPOSAL NO.
P25004331
ADDRESS
2195 W Chandler Blvd,
Suite 200
TELEPHONE
NO.
480-940-1300
Chandler AZ 85224
EMAIL NO.
Amortensen@achen.com
PROPOSAL NAME Chandler Hall Way Alley Improvements
SITE LOCATION
Chandler, AZ
PROPOSAL SUMMARY
Dear Andy:
Attached is our proposal for providing professional surveying services as requested for the Chandler Hall
Way Alley Improvement project located at Frye Road and Arizona Avenue in Chandler, Arizona
We appreciate the opportunity to submit our Scope of Understanding to you and look forward to being part
of your team on a great project.
Feel free to contact me with any comments or questions you may have for us or if there is anything else we
need to provide to you to complete this bid. I can be reached at 623-262-1581.
Please keep Atwell in mind for your future survey needs and any of your upcoming projects.
Thank you,
Randall R. Hager, PLS
Survey Director
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
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THE ATWELL CLIENT PROMISE
The Atwell Client Promise serves as a set of guideposts to demonstrate the company’s commitment to our
clients and partners. In an effort to better understand our clients’ perceptions, satisfaction and expectations of
Atwell and our leaders, we launched a national initiative to gather client feedback. The Atwell Promise is a
direct result of our clients’ feedback and prioritized from our clients’ perspective. The Atwell Promise is our
commitment to you as we strive to develop a long-term relationship and support your project needs.
WE WILL BUILD STRONG RELATIONSHIPS
We will develop long-term, trusting relationships with our clients and maintain genuine interest in their success
by understanding their drivers, goals and expectations.
WE WILL PROVIDE INDUSTRY EXPERTISE AND MAINTAIN PROJECT KNOWLEDGE
We will provide dedicated thought leaders and technical professionals who will deliver industry specific
knowledge and project experience to every project.
WE WILL BE RESPONSIVE AND EXECUTE ON EVERY TASK
We will maintain a nimble organizational structure for maximum flexibility to better serve the needs of our
Clients and respond immediately to a Client’s urgent requests and project deadlines.
WE WILL CONTINUE TO HIRE AND DEVELOP TECHNICALLY SOUND PROFESSIONALS
We will continue to recruit, develop and retain team members that have the technical expertise, passion and
commitment to health and safety to serve our Client’s project needs.
WE WILL PROVIDE QUALITY DELIVERABLES AND MAINTAIN A CULTURE OF EXCELLENCE
We will maintain a culture of excellence focused on Client service and industry best practices to ensure
accuracy, consistency and constructability for each project.
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Achen Gardner | Chandler Hall Way Alley Improvements
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P25004331
Page 3 of 11
EXHIBIT A
SCOPE OF WORK FOR CHANDLER HALL WAY ALLEY IMPROVEMENTS
Based upon our understanding of project requirements and discussions with you we have developed
the following scope of services:
1.Control:
a. Establish horizontal control and vertical control points for site staking.
b. Set control points for contractor use.
c. Asbuilt existing surface utilities for future readjustments.
d. Provide demo limits
2.Staking
a. Stake new curb at 25’ intervals
b. Stake Valley Gutter at 25’ intervals
c. Stake existing utility rims for re-adjustment after paving.
d. Provide layout for new signs.
3.As-Builts:
a. Complete asbuilts on Civil plans for submittal to city jurisdiction.
NOTE: Atwell will work closely with the client\contractor to insure As-built data is obtained and provided
to the Atwell survey (office) team to quickly review and complete the As-built analysis. It is the
Client\Contractors responsibility to contact the Atwell Survey Project Manager in a timely manner
when the improvements are ready to be As-built in order to provide sufficient time to schedule the
Atwell survey team for collection of As-built data. If the underground utility has been backfilled prior
to As-built data collection, it may require the Contractor to expose said utility at Contractor’s
expense, till field as-built has been completed.
CLARIFICATIONS
PROJECT UNDERSTANDINGS
•
Anything not specifically stated is excluded from this Scope of Services.
ASSUMPTIONS:
In preparing the proposal, we have assumed the following:
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
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Page 4 of 11
•
Atwell has access to the site.
•
Proposal based on the unapproved City of Phoenix, Plans by Hilgart Wilson dated 10-31-24.
INFORMATION TO BE PROVIDED BY THE CLIENT:
In preparing the proposal, it is understood the following be provided by the Client:
Client to provide current set of approved construction plans,
Client to provide CADD files of the current plans to assist in setting up the staking calculations
for field crews.
ADDITIONAL SERVICES
We have the capability to provide services outside of the agreed upon Scope of Services. These
services would be considered Additional Services and would be provided on a Time and Material basis
and billed in accordance with the attached Professional Services Fee Schedule. Additional Services
will only be provided at the written request of the client.
EXHIBIT B
Scope & Fee Proposal Work Authorization – Services
Task
Task Description
Original Fee
Type
Initial
1
Site Control/Demo Limits
$2,000
FF
2
Rough Grade
$4,000
FF
3
As-Builts
$2,390
4
Calcs/Coordination
Included in
Fees Above
FF
Total:
$8,390
FF=Fixed Fee
TME = Time & Materials
Upon receipt of this signed proposal and work authorization, Atwell will commit the staff and resources
necessary to begin work on the project.
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Invoices will be submitted monthly for work completed and payment is expected within thirty (30) days
of the date of the invoice. In the event of non-payment, services may be suspended.
All project related reimbursable expenses, including vehicle mileage, lodging, travel, travel time,
computer time, outside data reports, postage, shipping, reproductions will be billed separately at cost
under Task 98.
All fees and hourly rates quoted within this contract may increase annually after the beginning of each
year. The original Atwell Agreement is enforceable for all subsequent work orders. The client shall pay
all fees and permit charges
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Page 6 of 11
Exhibit C
2024 PROFESSIONAL SERVICES FEE SCHEDULE
REAL ESTATE & LAND DEVELOPMENT
PROJECT MANAGEMENT SERVICES
Senior Project Manager
$255/hour
Project Manager I-III
$212 to $240/hour
Associate Project Manager I-II
$178 to $195/hour
Project Coordinator I-III
$105 to $137/hour
ENGINEERING & PLANNING SERVICES
Senior Technical Advisor
$325/hour
Senior Project Engineer
$223/hour
Engineer/Designer I-V
$141 to $212/hour
Planner/Designer I-V
$141 to $212/hour
Technician I-V
$65 to $126/hour
SURVEYING & MAPPING SERVICES
Senior Project Surveyor
$223/hour
Project Surveyor I-V
$141 to $212/hour
Senior Crew Chief
$164/hour
Crew Chief I-III
$109 to $146/hour
Crew Member I-II
$80 to $95/hour
Certified sUAS Pilot
$190/hour
Technician I-V
$65 to $126/hour
GIS Services
$113 to $170/hour
ENVIRONMENTAL & ECOLOGICAL SERVICES
Senior Environmental/Ecological Consultant
$223/hour
Environmental Consultant I-V
$141 to $212/hour
Technician I-V
$65 to $126/hour
PROGRAM MANAGEMENT & CONSTRUCTION ADVISORY SERVICES
Program Manager I-II
$270 to $282/hour
Senior Construction Manager
$225/hour
Construction Manager I-II
$195 to $212/hour
Construction Engineer I-II
$138 to $175/hour
Construction Coordinator
$128/hour
Estimating Services
$178 to $212/hour
Safety Coordinator
$142/hour
MISCELLANEOUS
Project Controller Services
$102 to $124/hour
Project Executive
$325/hour
Expert Witness
$250/hour
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Achen Gardner | Chandler Hall Way Alley Improvements
CONFIDENTIAL
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P25004331
Page 7 of 11
PROFESSIONAL SERVICES AGREEMENT
Chandler Hall Way Alley Improvements
P25004331
These terms and conditions and the documents set forth in this Professional Services Agreement (the
"Agreement") are entered into between Atwell, LLC, a Michigan limited liability company ("Atwell") and Achen
Gardner ("Client") as of the date set forth in this Agreement.
1. Authorization for Work to Proceed: Upon
execution of the Agreement, receipt of specified
retainer fees, and completion of all other preliminary
requirements set forth herein, Atwell shall proceed
with the work (also referred to herein as the
“services”),
unless
stated
otherwise
in
the
Agreement.
2. Scope of Services: The Scope of Work is set
forth in the Proposal.
3. Standard of Practice: Services performed by
Atwell under the Agreement will be conducted in
a manner consistent with the level of care and
skill ordinarily exercised by members of the
profession currently practicing in the same locality
under similar conditions. No other representation
expressed or implied and no warranty or
guarantee is included or intended in the
Agreement or in any report, opinion, document, or
otherwise. Client acknowledges that Atwell has
made no implied or express representation,
warranty or condition with respect to the services,
findings, recommendations or advice to be
provided by Atwell, except as expressly set forth
herein.
4. Billing and Payment: Client shall pay Atwell for
services performed in accordance with the rates
and charges set forth in the Proposal. All fees and
hourly rates quoted in the Proposal may be
increased annually and as otherwise agreed by
Atwell and Client. Invoices will be submitted by
Atwell on a monthly basis and shall be due and
payable within thirty (30) calendar days of the
invoice date.
5. Billing Dispute: In the event any bill or portion
thereof is disputed by Client, Client shall notify
Atwell in writing within fourteen (14) days of
receipt of the bill in dispute. In the event a portion
of a bill is in dispute, Client hereby agrees to pay
the undisputed portion of the bill in accordance
with the terms set forth herein. Client and Atwell
shall work together to resolve the dispute, but in
the event Atwell and Client do not resolve such
dispute within sixty (60) days of notice of dispute,
Atwell may terminate the Agreement.
6. Failure to Pay: If Client for any reason fails to
pay any undisputed portion of Atwell’s invoices
within thirty (30) days of receipt, Atwell may
suspend services to Client. Client shall waive any
claim against Atwell and shall defend, hold
harmless, and indemnify Atwell from and against
any damages or claims for injury or loss stemming
from Atwell's suspension of services. Client shall
also pay Atwell’s reasonable demobilization costs
resulting from the suspension of services. In the
event the project is remobilized, Client shall also
pay the cost of remobilization and the parties may
renegotiate certain contract terms and conditions
including, but not limited to, those associated with
budget, schedule, or scope of services.
7. Termination: The Agreement may be terminated
with cause by either party upon at least seven (7)
calendar day's written notice. For purposes of this
section, "Cause" shall be defined as failure by the
other party to perform in accordance with the
terms of the Agreement. In the event of such
termination for cause, Atwell specifically retains
and reserves, to the fullest extent permitted by
law, all causes of action, claims, and remedies, in
contract and in tort, in connection with or relating
to Client’s duties set forth in this Agreement.
Atwell may terminate the Agreement without
cause and without written notice in the event that
(1) site conditions become unsafe for the
performance of the services by Atwell; or (2) if
Client fails to pay any invoice in accordance with
the Agreement. In no event shall Atwell be
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responsible for Client’s lost profits or other
damages arising out of Atwell's decision to
terminate performance of services. In the event
the Agreement is terminated with or without
cause, Atwell shall be paid for services performed
up to the termination date plus all incurred and
documented termination expenses. For purposes
of this Agreement, "termination expenses" shall
include personnel and equipment rescheduling
and reassignment adjustments and all other
related costs incurred directly attributable to
termination of the Agreement.
8. Additional Services: Any services to be
provided by Atwell to Client not included or
contemplated by this Agreement shall be
specifically identified and agreed in writing.
9. Work Product: All documents produced or
created by Atwell including, but not limited to,
memoranda, internal reports, boring logs, field
data, field notes, laboratory data, calculations and
estimates, are instruments of service, and such
instruments of service shall remain property of
Atwell. Atwell is deemed the author and owner of
the instruments of service, regardless of whether
or not the services are completed, and Atwell shall
retain all common law, statutory and other
reserved rights, including copyrights. Upon
receipt by Atwell of payment in full for its services,
Client shall receive a fully paid license to use
Atwell’s Work Product for this Project. In the
event Client uses, re-uses, or modifies Atwell’s
Work Product for any other use or purpose, Client
shall defend, indemnify, and hold harmless Atwell
from all claims arising or in any way related to
such use, re-use, or modification. Any and all
environmental and material samples obtained by
Atwell pursuant to this Agreement may, at the sole
discretion of Atwell, be discarded thirty (30) days
following completion of the services unless
otherwise mutually agreed in writing by Atwell and
Client.
10. Electronic Data: If Client is provided copies in
electronic format of deliverables prepared by
Atwell ("Electronic Data"), for use in connection
with preparation by Client of drawings or other
submittals, as-built or record drawings, or for any
other purpose, Client’s use of such Electronic
Data shall be at the sole risk of Client. Client
agrees that the Electronic Data shall not be used
for
any
purpose
other
than
the
project
contemplated under this Agreement. Client
acknowledges that the information contained in
the Electronic Data may not be complete, may not
be to scale, and may be subject to subsequent
changes by Atwell. Client acknowledges that
anomalies and errors can be introduced into the
Electronic Data when it is transferred or used in
an incompatible computer environment and that
Atwell shall not be held liable for any such
anomalies or errors. Further, Client accepts the
risks associated with and the responsibility for any
damage to hardware, software or computer
systems or networks related to any use of the
Electronic Data. The Electronic Data is being
furnished on an "as-is" basis.
11. Excuse of Performance (Force Majeure):
Atwell shall not be liable for delays in performance
or for non-performance due to acts of God, war,
riot, fire, acts or threats of terrorism, labor trouble,
unavailability
of
materials
or
components,
explosion,
accident,
compliance
with
governmental requests, laws, regulations, order
or actions, unforeseen circumstances, or causes
beyond Atwell’s reasonable control.
12. No Setoff: Client is prohibited from and shall not
setoff against or recoup from any invoiced amounts
due or to become due from Client or its subsidiaries
or affiliates any amounts due or to become due to
Atwell or its subsidiaries or affiliates, whether arising
under the Agreement or otherwise.
13. Assigns: Client may not delegate, assign,
subcontract or transfer its duties or interest in the
Agreement without the written consent of Atwell.
14. Waiver: The failure of either party to enforce any
right or remedy provided in the Agreement or by
law on a particular occasion will not be deemed a
waiver of that right or remedy on a subsequent
occasion or a waiver of any other right or remedy.
15. Limitation of Liability: The Parties acknowledge
that the project pricing provided is based upon
Atwell’s willingness to accept a reasonable and
fair level of risk and Client’s willingness to cap
such
risk
at
a
level
reflective
of
such
compensation. Accordingly, it is expressly agreed
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that Client's sole and maximum recovery against
Atwell for any claim arising out of this Agreement,
whether in contract, tort or otherwise, is the lesser
of three (3) times the amount of money paid by
Client to Atwell under this Agreement or
$250,000, and that an award of damages not to
exceed such amount is Client's sole and exclusive
remedy against Atwell. Under no circumstance
shall Atwell be liable to Client for any loss or
damage of any nature not arising from the work to
be provided by Atwell herein. Notwithstanding
anything else in this Agreement to the contrary,
neither party shall be liable to the other for any
incidental,
special,
consequential,
punitive,
exemplary, “benefit of the bargain”, or lost profit
damages.
16. Indemnification; Limitation on Time Period to
Bring Claims: Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless
Atwell, its managers, members, employees,
officers,
agents
and
affiliates,
against
all
damages, liabilities or costs, including reasonable
attorneys' fees and all costs of legal defense,
arising out of or in any way connected with the
project or services under the Agreement,
excepting only those damages, liabilities or costs
solely and directly caused by the negligent
performance or willful misconduct by Atwell.
Client agrees, to the fullest extent permitted by
law, to indemnify and hold harmless Atwell, its
managers, members, employees, officers, agents
and affiliates, against all damages, liabilities or
costs, including reasonable attorneys' fees and all
costs of legal defense, arising out of or
attributable to the negligence of Client, its
successors, employees, agents or invitees. Client
agrees to indemnify Atwell from claims arising out
of any certifications which are required to be
signed on behalf of Client during the course of the
work contemplated by this Agreement. No action,
suit or other proceeding shall be instituted against
Atwell in connection with the work contemplated
by this Agreement more than one (1) year after
the last date of service under this Agreement.
Atwell agrees to indemnify and hold harmless
Client, its managers, employees and officers
against damages, liabilities, or costs, including
reasonable attorneys’ fees where recoverable by
law to the extent caused by the negligent
performance or willful misconduct by Atwell.
17. Notice of Lien: Atwell hereby notifies Client that
Atwell may utilize all available lien rights in
connection with its provision of services under the
Agreement. In order to perfect any construction
lien in favor of Atwell, Client agrees to provide, if
applicable, any Notice of Commencement or any
other notice required by the applicable Lien Laws.
18. Job Site Safety: Client assumes sole and
complete responsibility for the safety of all
persons and property where the work to be
performed is at Client's site. In the event that
Atwell provides a health and safety officer at
Client's site, Atwell shall be authorized to take any
and all measures on behalf of Client that in
Atwell's opinion will maintain generally accepted
health and safety standards for personnel at the
site. Atwell will inform Client of such deficiencies
relating to the specifications and applicable
regulations known to Atwell, but Atwell shall not
be responsible for the failure of Client or its
agents to follow the recommendations of Atwell
personnel. Client waives any claim and all
damages against Atwell for, and agrees to
indemnify and hold Atwell harmless from, any
claim for liability for injury or loss to Client or
others stemming from such measures, except to
the extent such claim for injury or loss results from
the direct negligence of Atwell.
19. Disclosure of Hazardous Substances and/or
Conditions: Client hereby acknowledges that it
shall be the duty of Client to notify Atwell of any
known or suspected hazardous substances which
have or may have been used, stored or disposed
of on the work site. This duty shall also apply to
any hazardous substance with which Atwell may
be provided or which exists or may exist on or
near any premises upon which services are to be
performed by Atwell employees, agents or
subcontractors. Disclosure and notification to
Atwell shall be required immediately upon
discovery of any other hazardous substances or
upon discovery of increased concentrations of
previously disclosed substances. All decisions
related to the disposal of hazardous substances
shall be made solely by Client, and Atwell shall
not select the disposal site nor shall Atwell
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arrange in any other way for the disposal of any
hazardous substances found on or removed from
the work site.
To the extent that the Agreement between Atwell and
Client includes subsurface activities (including,
but not limited to, soil borings, well installation or
test pit excavation), Client shall furnish Atwell with
diagrams clearly identifying the location and
boundaries of the site's subsurface structures
(including, but not limited to, pipes, tanks, cables,
sewers, and utilities). Atwell shall not be liable for
any damage to any subsurface structures or injury
or loss arising from damage to subsurface
structures which are incorrectly located or not
identified on the diagrams provided by Client.
20. Estimates
for
Proposed
Construction:
Construction cost estimates, quantity estimates,
schedules
and
any
earthwork
quantity
calculations are estimates only and are calculated
and provided in good faith by Atwell. Atwell has
no control over external factors, including, but not
limited to, market conditions and construction
procedures. Atwell and Client each acknowledge
and agree that such estimates may vary from final
proposals, bids, schedules or actual construction
costs.
21. Stamp on Drawings: Atwell shall not be liable
for any plans or specifications produced under
this Agreement until such drawings are stamped
as
"approved"
by
all
relevant
government/municipal agencies and/or building
department officials.
22. Dispute Resolution: Other than as to a dispute
arising from alleged non-payment, such Dispute
shall first be submitted to designated authorized
representatives of the Parties to attempt to reach a
negotiated resolution. In the event such a
resolution cannot be reached within a reasonable
time, at the demand of either Party the matter shall
be submitted to non-binding mediation using a
single mediator selected by mutual agreement of
the parties. In the event the parties cannot agree
on a mediator, or in the event the Dispute is not
resolved within a reasonable time, at the demand
of either Party the matter shall be submitted to
binding
arbitration
in
accordance
with
the
Commercial Arbitration Rules of the American
Arbitration
Association
then
in
effect
(the
"Expedited
Procedures"); provided, that the
arbitration shall not be conducted by the American
Arbitration Association. The Parties shall select a
single arbitrator by mutual agreement or, failing
such agreement, the arbitrator shall be appointed
by a court of competent jurisdiction sitting in
Oakland County, Michigan, to which jurisdiction
and venue the Parties hereby consent. The
arbitration shall be held in Oakland County,
Michigan, and the laws applicable to the arbitration
proceeding shall be the laws of Michigan without
regard to principles of conflict of laws. The parties
agree that the arbitrator shall have all powers
provided by law and the terms and conditions of
this Agreement. However, the arbitrator shall have
no power to vary or modify any of the provisions of
this Agreement. Any party to this Agreement may
bring an action in any court having jurisdiction,
including a summary or expedited proceeding, to
specifically enforce this Agreement, and an action
or motion to compel arbitration may be brought at
any time, even after a Dispute has been raised in a
court of law, or after this Agreement has been
completed, terminated, or paid in full.
Judgment. The arbitration award rendered by the
arbitrator shall be final and non-appealable and
judgment may be entered upon it in accordance
with the applicable law in any court having
jurisdiction thereof.
Costs and Expenses. Each Party shall bear its own
costs of Arbitration and shall pay one-half of the
Arbitrator’s fees and costs. The prevailing party
shall be entitled to payment by the other Party of
its actual costs and reasonable attorney fees.
23. Severability: If any portions of this Agreement
shall be, for any reason, invalid or unenforceable,
the
remaining
portion
or
portions
shall
nevertheless be valid, enforceable and carried
into effect, and this Agreement shall be construed
in all respects as if such invalid, void or
unenforceable provisions were omitted.
24. Entire Agreement: The Agreement, including all
attached
Exhibits,
constitutes
the
entire
agreement between the parties with respect to
their subject matter, and supersedes all prior oral
or written representations or agreements by the
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
Achen Gardner | Chandler Hall Way Alley Improvements
CONFIDENTIAL
05/07/2025
P25004331
Page 11 of 11
parties with respect to the proposed subject
matter of the Agreement, including Client's
request for proposal or any purchase order or
terms and conditions. No subsequent terms,
conditions,
understandings,
or
agreements
purporting to modify the terms of the Agreement
will be binding unless in writing and signed by both
parties.
25. Governing Law: The Agreement shall be
governed by the laws of the State of Michigan
without regard to principles of conflict of laws.
26. Agreement Construction: Both Parties having
had an equal opportunity to negotiate the terms of
this Agreement and to consult with counsel prior
to execution, neither Party shall be considered the
drafter of the Agreement and it shall not be
construed against one Party more than the other.
27. Notices: Any notice required or permitted to be
given under this Agreement shall be in writing,
and either personally delivered to the other party
or mailed to the last known current address of the
other party by certified mail, return receipt
requested.
28. Miscellaneous: Notwithstanding Section 25
above, the parties agree that if the services are
performed in a state which limits liability,
including but not limited to, Fla. Stat.§
558.0035, the laws of that state shall govern
with respect to limiting liability and the Client
agrees and waives all claims the Client or
anyone claiming by through or under them,
may have against an individual design
professional
employed
by
Atwell
for
negligence arising out of the rendering of
services under this Agreement. Projects in
North Carolina are deemed contracted through
and performed by Atwell, LLC, a Michigan limited
liability company d/b/a Atwell, PLLC pursuant to
an Amended Certificate of Authority issued by the
North Carolina Department of State on July 30,
2021 under NC COA# P-2380.
ACCEPTED BY:
ATWELL, LLC
Achen Gardner
By:
_________________
Signature
Randall R. Hager, PLS
Director
By:
Signature
Name:
ITS:
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2
EXHIBIT H
Project Name: Downtown Alley Improvements (California Street to San Marcos Alleyway)
Page H-1
Project No.:CA2206.402
Rev. 3/19/2024
BUILDERS RISK INSURANCE
Docusign Envelope ID: 9EC46727-5B91-4B91-8768-8D7161961AE2