No preview available
HomeMy WebLinkAboutC2024-051 T&T Construction - signed Contract No. 2024-051 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T & T CONSTRUCTION, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and T & T Construction, Inc., an Arizona corporation (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2023-016 (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of “On Call Storm Clean Up” (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date of execution and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until June 30, 2025 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an amount not to exceed $50,000 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured; the Town’s insurance shall be non-contributory. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: T & T Construction, Inc. 12014 N. Falcon Dr. Fountain Hills, Arizona 85268 Attn: Jerrad Trulson or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) 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. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 13.20 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.21 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.22 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. [SIGNATURES ON FOLLOWING PAGES] 7 ATTESTED TO: _______________________________ Linda G. Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE TOWN OF FOUNTAIN HILLS: ____________________________________ Rachael Goodwin, Town Manager FOR THE CONTRACTOR: By: Name Title: ______________________________ jerrad trulson (May 7, 2024 09:00 PDT) jerrad trulson jerrad trulson President Aaron Arnson (May 13, 2024 04:44 PDT) Aaron Arnson Rachael Goodwin (May 13, 2024 08:41 PDT) Rachael Goodwin EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T & T CONSTRUCTION, INC. [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Administrator 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up RESPONSE DEADLINE: February 1, 2024 at 5:00 pm Report Generated: Monday, April 22, 2024 T & T Construction, Inc. Response CONTACT INFORMATION Company: T & T Construction, Inc. Email: estimating@ttconstruction.com Contact: Jerrad Trulson Address: 12014 N Falcon Dr Fountain Hills, AZ 85268 Phone: N/A Website: N/A Submission Date: Feb 1, 2024 11:26 AM [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* Pass The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* Pass It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* Pass It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connectio n with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 3 with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* Pass It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* Pass The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* Pass In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 4 REFERENCE CHECKS* Pass References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* Pass A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 5 F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly d escribe the circumstances and the outcome. 2.1_TT_Construction_FH_On_Call_Storm_Cleanup.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Pass A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to On Call Storm Clean Up. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. 2.2_TT_Construction_FH_On_Call_Storm_Cleanup.pdf KEY POSITIONS* Pass A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 6 C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. 2.3_TT_Construction_FH_On_Call_Storm_Cleanup.pdf PROJECT APPROACH* Pass A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. 2.4_TT_Construction_FH_On_Call_Storm_Cleanup.pdf PROJECT SCHEDULE* Pass Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet the designated milestones as listed below. Assumptions used in developing the schedule shall be identified and at a minimum the proposed schedule shall include the following dates, if applicable. A. Initial Contact from Town B. Mobilization timeline [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. RFP-2023-016 On Call Storm Clean Up [T & T CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request for Proposals - On Call Storm Clean Up Page 7 C. Work begins D. Demobilization timeline 2.5_TT_Construction_FH_On_Call_Storm_Cleanup.pdf PRICING* Pass See Attachment "B" 2.6_TT_Construction_FH_On_Call_Storm_Cleanup.pdf PROPRIETARY OR CONFIDENTIAL INFORMATION IN THE BID?* Pass Communicate information not to be made public by highlighting the proprietary/confidential information. No W-9 Pass 2.8_TT_Construction_FH_On_Call_Storm_Cleanup.pdf T&T Construction, Inc. 12014 N. Falcon Dr. | Fountain Hills, AZ 85268 P: 480-837-2192 | F: 480-837-7099 | www.ttconstruction.com AZ ROC #A-068061 | AZ ROC #B04-156025 February 1st, 2024 Town of Fountain Hills, Town Clerk 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 RE: #RFP-2023-016 On Call Storm Clean Up Dear Members of the Selection Panel, On behalf of T&T Construction Inc., I would like to thank you for the opportunity to submit our proposal for the On Call Storm Clean Up Professional Service Agreement. T & T Construction Inc. is a third-generation family-owned and operated general contracting company established in Arizona in 1983 and classified as an “S” type corporation. Our office is located at 12014 N. Falcon Dr., Fountain Hills, AZ 85268. We have consistently delivered projects giving our clients the best value by protecting their interest throughout the life of the project. We enjoy working on challenging projects that allow us to draw on our knowledge and experience to complete. Quality, Workmanship, Safety, and Integrity are the principles on which our company were founded. Our philosophy is to approach each project as a partner with the owner and work side by side to construct the best possible product.Execution of this philosophy has helped us remain one of the best underground utility contractors in the state. We would like to once more thank the Selection Panel for the opportunity to submit our Request for Qualifications for this Professional Service Agreement. For further information on our Request for Qualifications, please feel free to contact me at 602-980-3162 or email me at jtrulson@ttconstruction.com. Sincerely, Jerrad Trulson, P.E. President T&T Construction Inc. 12014 N. Falcon Dr. Fountain Hills, AZ 85268 P: 480-837-2192 C: 602-980-3162 www.ttconstruction.com ncerely rad T __________________________________________________ Q UALIFICATION CRITERIA __________________________________________________ 1. GENERAL INFORMATION A. VENDOR IDENTIFICATION INFORMATION T & T Construction, Inc. is registered as an Arizona S-Corporation with our main office located at 12014 N. Falcon Dr, Fountain Hills, AZ 85268. The contact person concerning this SOQ is Jerrad Trulson, with the same address above, and can be contacted at 602-980-3162. B. PRINCIPAL O FFICE LOCATION Our firm is located at 12014 N. Falcon Drive, Fountain Hills, AZ. All our employees live within the greater Phoenix area; all our key personnel live in the greater Phoenix Metropolitan area and work out of the principal office. C. G ENERAL DESCRIPTION OF VENDOR T&T Construction, Inc. provides CMAR, JOC and General Contracting services. Established in 1983, we are a family-owned and operated (third generation) contractor with 41 years in business. Our strategy has been to carefully select the specific projects on which to submit proposals based on those most applicable with our experience and workforce. This strategy allows us to furnish proposals based on our ability to successfully construct projects on a stringent timeline with rigorous quality standards while maintaining original budgets. In doing so, we have established strong customer relationships; a positive and well-recognized company reputation; and a loyal, well-trained, cohesive staff, many of whom have spent their entire careers with our firm. We have also established valuable relationships with key subcontractors and suppliers which have consistently supplied us with the highest quality products and services throughout our company’s history. We would propose utilizing local, qualified subcontractors and suppliers on this Professional Service Agreement to deliver high quality service for the Town. D. TERMINATED CONTRACTS; LITIGATION; ARBITRATIONS; CLAIMS WITHIN THE LAST FIVE YEARS T&T Construction, Inc. has not had a contract terminated within the last five years. Nor has T&T Construction had any claims arising from a contract which resulted in litigation or arbitration within the last five years. Our firm proudly recognizes that no contract has been terminated, or litigation/arbitration resulted from any contract held by our company in its history. 2. EXPERIENCE AND Q UALIFICATIONS OF V ENDOR A. VENDOR’S E XPERIENCE T & T Construction, Inc. has completed multiple alternative delivery contracts with various owners throughout Arizona. This includes various tasks and services ranging from small to large projects. For the last four years, we have held a QSP for on-call storm maintenance with the Town of Fountain Hills. This required a timely response to maintain washes and roads within specific timeframes of major storm events to prevent disturbances to the traveling public. We have also maintained a general services JOC contract with the GRIC Gila River Irrigation and Drainage District since 2016. We also maintained a contract with the Pima-Maricopa Irrigation Project from 2012 to 2020 which provided multiple JOC tasks outlined under our successfully completed projects section. Another contract superseded the previous JOC and has been in place since 2016 and is currently ongoing. Given the location of our company, we have been able to work within the Town of Fountain Hills for 41 years including projects for the Town, the Sanitary District, and the Water Company. Each of these contracts represents our company’s ability to successfully complete the various scopes of work outlined in this SOQ while being conscious of the local communities and minimizing any disruptions to their services. This included concrete work for structures, building rehabilitation, fencing, plumbing, lighting, electrical work, installation, and maintenance of various pieces of equipment, and general construction services as needed. B. S UCCESSFULLY COMPLETED SIMILAR PROJECTS 1. TOWN OF F OUNTAIN HILLS QSP FOR ON-CALL STORM CLEAN-UP Description of Project: The contract was put in place with the Town of Fountain Hills to provide assistance on an as-needed basis to perform on-call and emergency storm damage cleanup services. We were required to provide all equipment and labor necessary to clear roads, rights of way, drainage channels, and other Town properties as requested. The contract was first issued in 2016 and has been extended through the 2021/2022 fiscal year. The work under this contract included cleaning of debris in existing washes that had filled or overflowed into roadways, installation of a trash rack to prevent pipe blockages, repair and reinstallation of grouted riprap spillways, and trucking assistance on an as-needed basis for the Town. The work required traffic control in some instances to protect the traveling public while maintaining vehicular and pedestrian access to the work areas. Construction Cost: The original contract value was $10,000 for the year 2016, and the dollar amount has varied based upon allowable contract values for the Town of Fountain Hills. The current contract value is $49,000.00. Construction Dates: Original Contract was dated in 2016, and since has been renewed most recently on 3/8/2021. Project Owner: Town of Fountain Hills Reference: Justin T. Weldy, Public Works Director, 602-721-2646, jweldy@fh.az.gov; 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. 2. GRIID MASTER S ERVICES AGREEMENT AND JOC S ERVICES Description of Project: The contract and various purchase orders were put in place with the Gila River Irrigation and Drainage District to provide construction services on an as-needed basis. Various types of services have been requested by the owner, including purchasing replacement parts, providing rental equipment, and installation or replacement or facilities. Examples include purchasing replacement parts for pumps, electrical cabinets, replacing pipe crossings, installation of level sensors, solar equipment, flow metering equipment, and electrical conduits. Associated with the major items of work include site fencing, concrete structures, equipment enclosures, asphalt pavement, grading, and removal of debris. Construction Cost: The original contract value was $25,000 for the year 2016, and the dollar amount has varied for additional work items issued on a PO basis through 2018. We currently maintain a $50,000 allowance for additional work as needed along with multiple PO’s for varying amounts. Construction Dates: Original Contract date was dated in 2016, and current constructions obligations remain in place. Project Owner: Gila River Irrigation and Drainage District Reference: Ron Allison, General Manager, 520-610-2826, rcalliso@griidd.com; 192 South “A” Street, PO Box 2202, Sacaton, AZ 85147. 3. PHIL’S FILLING STATION GREASE T RAP I NSTALLATION Description of Project: The Fountain Hills Sanitary District had issued a notice to the owner of Phil’s requiring a grease trap to be installed at the location. We were contracted to provide construction services to mitigate the notice. The work included the installation of a grease trap at Phil’s Filling Station in Fountain Hills, AZ. Associated with the work was the removal of existing asphalt, concrete, excavation and installation of a precast grease trap structure, connection to the existing sanitary sewer facilities, and all testing required for acceptance. Site restoration included asphalt paving, and concrete steps with a ramp. The construction required coordination with the Town including the needed permits. The work was completed on a cost only basis, and all associated work-maintained access to the establishment during normal business hours. Construction Cost: The contract value was $20,391.23. Construction Dates: The project was completed in June of 2017. Project Owner: Phil’s Filling Station Reference: Phil Rodakis, Owner, 480-816-8200; 16852 E Parkview Ave, Fountain Hills, AZ 85268 4. P-MIP S OUTHSIDE CANAL REACH MCCLELLAN WASH S IPHON BW-1A AND ADDITIONAL JOC WORK Description of Project: The project consisted of installing 96” diameter pipe including a concrete flow meter vault, inlet and outlet headwalls, and modifications to the existing control building to house the electronics and controls for the system. A strict schedule was maintained on this project so that the system would be completed with corresponding dry-ups, and to restore the alignment to allow the landowner access to continue farming operations. Once the original project was completed, the contract was maintained to allow for multiple JOC services for the owner as outlined below. The original contract was awarded under an alternative delivery method, and T&T was chosen as the General Contractor. Construction Cost: The original contract value was $7,190,820.60. Final Construction amount was $7,181,626.78. The final contract amount including additional JOC work items was $12,574,323.06 Construction Dates: Original Contract April 2012-March 2013. Additional JOC requests were made following the completion of the project and are listed below. The contract was finalized on February of 2017. Project Owner: Pima-Maricopa Irrigation Project Reference: David DeJong, PhD, Managing Director, (602)768-0642, ddejong@gilariver.com; Gonzalo Romero, P.E., Chief Construction Engineer, (602)763-9394, gmromero@gilariver.com; 192 South “A” street, Sacaton, AZ 85247. Additional Project Information: The project was advertised as using an alternative delivery method which analyzed the qualifications of the firms submitting. Our commitment to quality, workmanship, safety, and partnering has developed a strong relationship with the owner and resulted in additional JOC work requests outside of the original scope. Each task required various trades to complete the requested work, and portions of the work were subcontracted. A general overview of trades completed includes electrical, fencing, metal works, concrete installation and repairs ranging from flatwork to structural, and maintenance of facility equipment. Below is a partial list of notable JOC Tasks completed under this contract. Additional projects are available upon request. Highline Canal Mitigation and Repair work – This job order task included multiple repairs and maintenance to the canal and service roads. Work included electrical conduit repairs, concrete encased bollards, electrical signage and labeling, vegetation removal, barbed wire fence repairs, mile markers and site marker signs, and repairs to a traveling water screen which included metal work, corrosion prevention, and minor structural repair. Memorial and Westside Pipeline Mitigation Work and Repairs– This task was work at the control site and the pipelines for the Memorial and Westside systems. Work included service to the existing control building such as verification or replacement of exterior GFCI outlets, replacement of flexible electrical conduits, site grounding, FRP grating, repairing holes at control building, repair to exterior luminaries. Along the pipeline alignments, work included installation of confined space signs at all manholes and vaults, adding safety grab bars at each location for safe access, repair to cathodic protection test stations, and repair to aging concrete that had been broken or aged including epoxy treatment. The enclosures at remote sites required electrical repairs, labeling, painting, weather sealing, universal power supply maintenance, and solar maintenance. There was also work required at the end of the 13-mile-long system. This included fencing repair, grounding, electrical labeling, and modifications to a concrete stilling well. Check 11 Waterline Installation – This project included the installation of 3,180 linear feet of 4” PVC Waterline to feed the traveling water screen pumping system at the Pima Canal Check 11. The pipeline installation included multiple bends to navigate the existing PMIP easement. The waterline also crossed through Arizona Department of Transportation ROW, which required traffic control and permitting. The line contained a water meter, backflow preventer, and installation of the discharge into a new fiberglass storage tank. The line was designed to be operated using an altitude valve in a vault that monitors the water level in the storage tank to determine when to open and close. Once the line was constructed, submersible pumps were installed in the tank to replace the existing traveling water screen pumps. The work required site fencing, concrete structures, modifications to the controls inside of the existing control building, plumbing, and electrical wiring and conduit. Consolidated and Pima Canal Deficiency Mitigation and Repairs – This project task included multiple repairs to the existing Pima Canal Reach BW-1A, Pima Feeder, and the Santan Area Consolidated Canal. Included were repairs to broken concrete, concrete crack sealing, electrical breaker panel repairs to bring to code, repairs to fencing and grounding, new site fencing with gates, labeling of electrical equipment and replacing broken conduits, installation of safety barriers, metal work and epoxy painting, lighting repairs and replacements, installation of safety cables and floats, security bars, and small diameter culvert crossings for storm water management. The work on this task also included the installation of ADOT approved Guard Rails meeting AASHTO requirements along State Route 87. This included the design and installation of a guard rail system while maintaining an approved temporary barrier system during construction. Southside Canal Deficiency Mitigation and Repair– The work along the Southside canal included canal rehab and repair, panel replacement, miscellaneous metal works, earthwork grading, installation of buoys and flashers, crack sealing, and concrete curb. The work also required slurry placement around eroded earthen embankments, grounding of fences, repairs to a cathodic rectifier, installation of additional canal expansion joints, cleaning of the canal, and dewatering. Also included in this task were electrical repairs, bollards, debris and rubbish removal and disposal, and storage of site equipment in storage racks. SR 87 Pipe Crossing at Spur Drop Siphon– This project consisted of the installation pipe crossing SR 87 and connecting into the existing delivery system. This required temporary facilities to maintain the deliveries during construction and prevent disturbances to existing users. Along with the pipe, 96” diameter precast concrete manholes were installed on an engineered foundation material, and all connecting joints were sealed. 3. KEY POSITIONS A. K EY PERSONNEL Key personnel for this Professional Service Agreement are outlined below with their relevant experience, roles and responsibilities from the perspective of how they will serve the Town. x Jerrad Trulson, P.E.; Project Manager Jerrad Trulson, P.E., President, graduated from Arizona State University in 2010 with a Bachelor of Science and Engineering (Civil Engineering), and has been employed by T&T Construction in his present capacity since that time. Jerrad attained the P.E. (Civil) designation in 2014 and has also completed the general contractor exams for licensing of T&T Construction in Utah and New Mexico. He worked on the projects outlined above as the project engineer/manager and will continue that capacity for the Town of Fountain Hills if selected. Jerrad is experienced in managing all our JOC programs. He will be the main point of contact for the Town and will be responsible for providing all project management components for each task issued. This will include all pricing, scheduling, and coordination to successfully complete each work order. All submittals and project documentation will be managed through Jerrad from inception to closeout of each task. Jerrad is experienced in managing construction projects and tasks while keeping in mind items such as public access or specialized delivery schedules to decrease such impacts. x Ben Siegert; Vice President and Estimator Benjamin Siegert, Vice President, graduated from Oregon State University in 2007 with a Bachelor of Science in Housing Design and a Minor in Business Administration. He has been employed by T&T Construction since 2008 and assumed his role as an estimator and project manager in 2009. Since that time, he has been instrumental in procuring work and managing projects for T&T Construction. x Dale Krater; Project Superintendent Dale Krater has worked with T&T Construction since 1994 and has held a Pipe Superintendent position since 2010. He has held every crew position including top man, pipe layer, and heavy equipment operator. Dale has been responsible for the onsite management of all construction projects since being promoted in 2010. Dale excels at communicating with owners, managing subcontractors, and running a safe and efficient job site. We have selected Dale for this role based on his overall experience and success in construction, and the synergy he has with the other members of this team. APPLICABLE ARIZONA L ICENSES T&T Construction, Inc. has the following current AZ Licenses. General Engineering ROC #A-068061 Held by Firm B-4 General Residential Engineering ROC #B-04-156025 Held by Firm Professional Engineer (Civil) Cert #58522 Held by Jerrad Trulson B.ROLES OF KEY PERSONNEL The personnel outlined above will work together during the course of the contract. Ben Siegert will provide general oversite on the project, utilizing his vast experience to maintain the project schedule, budget, and ensure a high-quality product. Jerrad Trulson will be working as the project manager and engineer on the project. He will be directly responsible for reviewing submittals, developing detailed schedules and workflow summaries, along with detailed constructability reviews. They both will handle the advertisement and acceptance of all purchase orders and subcontractors and prepare detailed cost estimates for each task order. Given the successful track record of prior projects, they will bring a successful management style to the project that has been utilized for decades. Dale Krater will be the acting project and field Superintendent and will be responsible for oversite on all construction activities. This will include scheduling of subcontractors and material vendors based upon the overall project schedule. He will monitor the construction progress throughout the various locations and review that the means and methods being utilized will create a high-quality product for the owner. Dale has been working in the underground pipeline construction field for 24 years and is familiar with the processes and required planning to build a successful project. C.S UBCONTRACTORS AND S ELECTION PLAN Subcontractors will be determined based upon the scope of work for each project. Our selection process for subcontractors includes a combination of qualifications and price, starting with an initial advertisement of bids. This will include a point system to determine a score for each subcontractor, and weighed against the price for the services provided. This allows for competitive pricing while maintaining a high-quality product for the Town. The requirements of the subcontractor selection plan are flexible to meet the Town’s requirements for procurement. A strong emphasis will be placed on utilizing local subcontractors qualified and licensed in each respective field or optimizing local participation. Being a local company, we have been utilizing the majority of these companies at our office and on projects where their skills match our needs. The supervision of subcontractors will be the responsibilities of Jerrad Trulson and Dale Krater. Jerrad will compile and submit all pertinent product data for each subcontractor, and work with Dale on scheduling the associated work to meet our project schedule. Dale will oversee monitoring each subcontractor on site to supervise the work and ensure proper quality control along with a safe working environment while meeting the project requirements. Dale will be in charge of supervising the work as it is completed, and properly documenting it to ensure the work is being done correctly. The documentation will be later transferred to a set of as-built drawings to keep the project records current and up to date. Proposed Subcontractors: Zeidas Electric LLC : Thomas Zeidas, Electrical, 480-837-3264; 17321 E Vallecito Dr, Fountain Hills, AZ 85268. C-11 Electrical License #314966. Joe Ciotta Plumbing LLC: Joseph Ciotta, Plumbing, 480-837-0644; PO Box 17008, Fountain Hills, AZ 85269. C-37 Plumbing License #156161. Ludvik Electric Co.: Joseph Miller, Electrical, 602-448-5955; 1020 E University Dr, Phoenix, AZ 85034. C-11 Electrical License # 088575. DEG Construction Company, Inc.: Josh Wilson, Concrete, 602-881-9891; 724 W Commerce Ave, Gilbert, AZ 85233. B-1 General Commercial Contractor # 085560 and General Dual KE License #089234. Biddle & Brown Fence Company LLC: Courtney Forsgren, Fencing, 602-501-9381; 895 W Elwood St #2, Phoenix, AZ 85041. CR-14 Specialty Dual Fencing License #272838. Grate Solutions Company Inc: Joe Fischer, Metal Works, 602-881-9882; 724 W Commerce Ave, Gilbert, AZ 85233. General Dual KE License #247738. ͳʹͲͳͶǤ ƒŽ…‘”Ǥ ‘—–ƒ‹ ‹ŽŽ•ǡ ͶͺͲǦͺ͵͹Ǧʹͳͻʹ ™™™Ǥ––…‘•–”—…–‹‘Ǥ…‘ Œ–”—Ž•‘̷––…‘•–”—…–‹‘Ǥ…‘ JERRADTRULSON,P.E. POSITION”‡•‹†‡–‘ˆƬ‘•–”—…–‹‘ǡ …ǤǡʹͲͳ͵Ǧ”‡•‡–Ǣ”‘Œ‡…– ƒƒ‰‡”Ȁ•–‹ƒ–‘”ǡʹͲͳͲǦʹͲͳ͵Ǣ—‡”‡’Ž‘›‡–ʹͲͲ͸ǦʹͲͳͲȂ ‹‡Ž† ”‡™ǡ”‘Œ‡…–ƒƒ‰‡”ǡ•–‹ƒ–‘”Ǥ  OUTSTANDING ABILITIES ‹††‹‰ƒ†ƒƒ‰‹‰’”‘Œ‡…–•‘ˆ‹…”‡ƒ•‹‰…‘’Ž‡š‹–›ƒ–ƒƒ……‡Ž‡”ƒ–‡† ’ƒ…‡•‹…‡„‡‰‹‹‰ˆ—ŽŽǦ–‹‡‡’Ž‘›‡–‹ʹͲͳͲǤ„•‘”„‹‰‹…”‡ƒ•‹‰ Ž‡˜‡Ž•‘ˆ”‡•’‘•‹„‹Ž‹–›ƒ††‡…‹•‹‘Ǧƒ‹‰•‹…‡’”‘‘–‹‘–‘…‘’ƒ› ”‡•‹†‡– ‹ ʹͲͳ͵Ǥ ‡–™‘”‹‰ –‘ ‡•–ƒ„Ž‹•Š …‘’ƒ› ’”‡•‡…‡ ‹ ‡‹‰Š„‘”‹‰•–ƒ–‡•Ǥ  EXPERIENCET&TCONSTRUCTION,INC. ʹͲͳͲǦ”‡•‡– —……‡••ˆ—ŽŽ›…‘’Ž‡–‡†ǤǤȋ‹˜‹ŽȌ†‡•‹‰ƒ–‹‘‹ʹͲͳͶǤ—……‡••ˆ—ŽŽ›…‘’Ž‡–‡†…‘–”ƒ…–‘”•ǯ ‡šƒ•–‘Ž‹…‡•‡Ƭ‘•–”—…–‹‘‹‡™‡š‹…‘ƒ†–ƒŠǤƒƒ‰‡†…‘’Ž‡–‡ ‡•‹‰ƒ† •–ƒŽŽƒ–‹‘’”‘Œ‡…–ˆ‘”‹ƒǦƒ”‹…‘’ƒ ””‹‰ƒ–‹‘”‘Œ‡…–ǡ ƒ• ™‡ŽŽ ƒ• –Š‡ …‘’Ž‡–‹‘‘ˆ‘—–Š‹†‡ƒƒŽ‡ƒ…Š…Ž‡ŽŽƒƒ•Š‹’Š‘Ǧ ƒ†…Ž‡ŽŽƒƒ•Š ‹’Š‘‹ƒƒƒŽ‡ƒ…ŠͳǤƒƒ‰‡†ƒƒŽƒ‘””‡…–‹‘ƒŽ ƒ…‹Ž‹–›‡™‡”’”‘Œ‡…–‹Ž‘›ǡ Ǥ EDUCATIONARIZONASTATEUNIVERSITY–BACHELOROFSCIENCECIVILENGINEERING,2010 ™‘Ǧ–‹‡Ž‡––‡”™‹‡”‹”‡•–Ž‹‰™Š‹Ž‡ƒ‹–ƒ‹‹‰ˆ—ŽŽ‡‰‹‡‡”‹‰•…Š‡†—Ž‡Ǥ ‘’Ž‡–‡†‘ˆ‹‡†’ƒ…‡–”›”‘…‡†—”‡•ƒ†‘’‡–‡–‡”•‘–”ƒ‹‹‰Ǥ OTHERINTERESTS‘…‡–”ƒ–‹‰‡ˆˆ‘”–•‘ƒƒ‰‹‰ƒ†‡š’ƒ†‹‰–Š‹”†Ǧ‰‡‡”ƒ–‹‘ˆƒ‹Ž›Ǧ ‘™‡†…‘’ƒ›Ǥ   ͳʹͲͳͶǤ ƒŽ…‘”Ǥ ‘—–ƒ‹ ‹ŽŽ•ǡ ͶͺͲǦͺ͵͹Ǧʹͳͻʹ ™™™Ǥ––…‘•–”—…–‹‘Ǥ…‘ „•‹‡‰‡”–̷––…‘•–”—…–‹‘Ǥ…‘ BENJAMINSIEGERT POSITION‹…‡”‡•‹†‡–‘ˆƬ‘•–”—…–‹‘ǡʹͲͳ͵Ǧ”‡•‡–Ǣ”‘Œ‡…– ƒƒ‰‡”Ȁ•–‹ƒ–‘”ǡʹͲͲͺǦʹͲͳ͵Ǥ  OUTSTANDING ABILITIES ‹††‹‰ƒ†ƒƒ‰‹‰’”‘Œ‡…–•‘ˆ‹…”‡ƒ•‹‰…‘’Ž‡š‹–›•‹…‡„‡‰‹‹‰ ‡’Ž‘›‡– ‹ ʹͲͲͺǤ „•‘”„‹‰ ‹…”‡ƒ•‹‰ Ž‡˜‡Ž• ‘ˆ ”‡•’‘•‹„‹Ž‹–› ƒ† †‡…‹•‹‘Ǧƒ‹‰ •‹…‡ ’”‘‘–‹‘ –‘ …‘’ƒ› ‹…‡ ”‡•‹†‡– ‹ ʹͲͳ͵Ǥ „‹Ž‹–›–‘•‡‡ƒ’”‘Œ‡…–ˆ”‘’Žƒ•ƒ†•’‡…•–Š”‘—‰Š–Š‡„‹†’”‘…‡••ƒ†–‘ •—……‡••ˆ—Ž …‘’Ž‡–‹‘Ǥ ƒ‹‰ ‘™‡”•Š‹’ ”‡•’‘•‹„‹Ž‹–› „› „‡…‘‹‰ ‹‘”‹–›•Šƒ”‡Š‘Ž†‡”Ǥ  EXPERIENCET&TCONSTRUCTION,INC. ʹͲͲͺǦ”‡•‡– ••‹•–‡†’”‘Œ‡…–‡‰‹‡‡”™‹–Š…‘’Ž‡–‹‘‘ˆ–Š‡ƒ”‹…‘’ƒ‘—–› Ž‘‘†‘–”‘Ž‹•–”‹…– ƒ‡Ž„ƒ… –‘” ”ƒ‹ ’”‘Œ‡…– ȋ̈́ͳͲǤ͸ȌǤ —……‡••ˆ—ŽŽ› „‹† ƒ† ƒƒ‰‡† –Š‡ ˆ‘ŽŽ‘™‹‰ ’”‘Œ‡…–•ǣ‹–›‘ˆƒ›•‘”ƒ‰‹ƒ–‡”Ž‹‡ȋ̈́ͳȌǡ‹–›‘ˆŠƒ†Ž‡”‡•–Šƒ†Ž‡”Ȁƒ–ƒ ”‡‡™ƒ› ‘”…‡ƒ‹ȋ̈́͸ǤͺȌǡƒ† Žƒ‰•–ƒˆˆ‡•–‘—–‡͸͸ƒ–‡” ‘”…‡ƒ‹ȋ̈́ͳǤͳȌǤ  EDUCATIONOREGONSTATEUNIVERSITY–CORVALLIS,OR–BACHELOROFSCIENCEINHOUSINGDESIGN WITHAMINORINBUSINESSADMINISTRATION ––‡†‡†…‘ŽŽ‡‰‡‘ƒˆ—ŽŽƒ–ŠŽ‡–‹…•…Š‘Žƒ”•Š‹’ˆ‘” ‘‘–„ƒŽŽƒ†–ƒ”–‡†ƒ†‡––‡”‡†ˆ‘”ˆ‘—” ›‡ƒ”•Ǥ ƒ”‡†ǦͳͲŠ‘‘”•ˆ‘”ƒ–ŠŽ‡–‹…ƒ……‘’Ž‹•Š‡–•ǤŽ•‘™‘”‡†’ƒ”––‹‡ƒ• …‘’Ž‹ƒ…‡‹–‡”Ǥ ‘’Ž‡–‡†‘ˆ‹‡†’ƒ…‡–”›”‘…‡†—”‡•ƒ†‘’‡–‡–‡”•‘–”ƒ‹‹‰Ǥ  INTERESTS‘…‡–”ƒ–‹‰‡ˆˆ‘”–•‘ƒƒ‰‹‰ƒ…‘’ƒ›‹™Š‹…ŠŠ‡‘™•ƒ’ƒ”–‹ƒŽ ‹–‡”‡•–ƒ†”ƒ‹•‹‰ƒ›‘—‰ˆƒ‹Ž›Ǥ  ͳʹͲͳͶǤ ƒŽ…‘”Ǥ ‘—–ƒ‹ ‹ŽŽ•ǡ ͶͺͲǦͺ͵͹Ǧʹͳͻʹ ™™™Ǥ––…‘•–”—…–‹‘Ǥ…‘ †”ƒ–‡”̷––…‘•–”—…–‹‘Ǥ…‘ DALEKRATER POSITION ‡‡”ƒŽ—’‡”‹–‡†‡–Ǣ ‘”‡ƒƒ†‘–Š‡”…”‡™’‘•‹–‹‘•ǡƬ ‘•–”—…–‹‘ǡ …ǤǡͳͻͻͶǦ’”‡•‡–Ǥ OUTSTANDING ABILITIES ”‘„Ž‡•‘Ž˜‹‰Ǥ›—ˆ‘”‡•‡‡•‹–—ƒ–‹‘•–Šƒ–ƒ”‹•‡‹–Š‡ˆ‹‡Ž† ƒ”‡ ‡–”—•–‡†–‘Š‹•…ƒ’ƒ„Ž‡ƒ†…”‡ƒ–‹˜‡•‹ŽŽ•ˆ‘””‡•‘Ž—–‹‘Ǥ EXPERIENCET&TCONSTRUCTION,INC. ͳͻͻͶǦ”‡•‡– ƒŽ‡Šƒ•Š‡Ž†‡˜‡”›…‘•–”—…–‹‘’‘•‹–‹‘‹–Š‹•…‘’ƒ›ǡ‹…Ž—†‹‰–‘’ƒǡ’‹’‡Žƒ›‡”ǡ Š‡ƒ˜›‡“—‹’‡–‘’‡”ƒ–‘”ȋƒ‹Ž‹‡ǡ–”ƒ…Š‘‡ǡŽ‘ƒ†‡”Ȍǡƒ†ˆ‘”‡ƒǤ  EDUCATION ‘–ƒŽ‘Ǧ–Š‡ǦŒ‘„–”ƒ‹‹‰•‹…‡ƒ‰‡ʹ͵Ǥ  CERTIFICATIONS ‘’‡–‡–’‡”•‘ǡ‘ˆ‹‡†–”›”‘…‡†—”‡• INTERESTSƒŽ‡‹•ƒ†‡˜‘–‡†ˆƒ‹Ž›ƒǤ ‡ƒ†Š‹•™‹ˆ‡Šƒ˜‡–™‘–ƒŽ‡–‡†…Š‹Ž†”‡ǡ ƒƒŠƒ†›Ž‡”ǡƒ†ƒŽ‡ǯ••’ƒ”‡–‹‡‹•™‡ŽŽǦ•’‡–—”–—”‹‰–Š‡‹” ”‡•’‡…–‹˜‡ƒ„‹Ž‹–‹‡•Ǥ  4. PROJECT APPROACH A. VENDOR’S APPROACH The company’s approach to Storm Debris Clean Up Professional Service Agreement revolves around a partnering attitude, with transparency and honesty on the forefront of our methods. We utilize an “all-in-one” approach when it comes to our overall project management approach, using the same personnel who work on the initial stages of the job as the one who will build it. This puts the person most familiar with the project in charge of delivering a quality product on a timely basis. When contacted by Fountain Hills to clear Town property, T&T Construction will respond within four hours to discuss the course of action and mobilization of resources based on the specific clean up situation. The team will identify priority areas and non-priority areas with Town staff and obtain a traffic control plan if required. During any design portion, we will work with the engineer as each milestone is completed to review the constructability and provide cost estimates. The project manager will attend all design meetings with the owner, along with separate meetings with the design engineer to review the current status. Our company also utilizes a document management service that tracks and links all submittals, RFI’s, change orders, and other pertinent communications for the project and links them with any email correspondence. This process has proven to be an effective way of properly documenting every stage of the project and gives the owner direct access to all important communication in regard to the items above. The main strategy of our construction management approach involves qualified personnel directing the project to a quality completion. First, the project manager for this project will be in charge of handling all submittals, scheduling, and procurement for the work to be completed. They will be dedicated to this project as their sole operating task for the entire duration. Secondly, we will have a senior staff reviewing all material in oversight and in addition to the project manager. This ensures that all information submitted to the owner is correct to assist with the review process. Thirdly, the project superintendent will work directly with the project foremen and provide any assistance or expertise when needed. The superintendent manages the weekly activities to ensure that our laborers are equipped with the required tools and equipment to succeed in their tasks. This person will oversee all construction activities for the several crews we will staff on this project, along with maintaining close contact with all subcontractors currently being utilized. Fourth, the project foremen will handle the daily tasks assigned to them and manage their crews to complete these items. Each day prior to starting any work, the foremen will meet with their crew and discuss what work will be completed for the day, review safety items, and lay out the general procedures to follow for the day. The project manager will provide on a weekly basis a two-week look ahead schedule to the owner, and this outlook will be discussed during weekly meetings if needed. This provides a clear structure of the work to be performed in the near future and allows the owner to closely verify that the work is being completed on schedule. a) CONTRACT MANAGEMENT T&T Construction will utilize HardDollar to manage the contract. The HardDollar program functions as project management software. We use the program to gather daily time sheets from the field, track production and budgets, develop reports, and track quantities through the duration of the project. Timesheets are reviewed daily so that any potential issues are identified and rectified in short order. The project manager works with the General Superintendent to stay ahead of construction with development of upcoming milestones, scheduling of subcontractors, and material procurement. The Project Manager and General Superintendent oversee and support the Project Superintendent in the actual day-to-day construction operation. The document management system is also used to document any changes or questions as they arise in the field. Both systems integrate to maximize data coming in from the field, so that the schedule and budget are maintained. All personnel are able to utilize the document management system to review drawings and specifications and can flag potential issues on the drawings and share them with all personnel on the project. This streamlines the process of identifying and mitigating any potential issues which minimizes the potential of additional cost overruns. HardDollar is also the estimating program we use for developing project estimates. This program allows our team to create a comprehensive budget and cost analysis for each task issued. It also allows for quick and responsive changes to be added or implemented to the budget with minimal effort. The cost data can be printed in detail for the owner to review. The library of historical cost data maintained in the system shortens the time required to build accurate cost estimates, which can be quickly modified should any changes to the work be requested. b) PARTNERING We approach every project in a spirit of partnership; that is, we regard a project as one in which we work closely with the project owners, engineers, and all involved parties toward a common goal. We communicate this preferred approach at the start of every project. We are a strong advocate of this work attitude, preferring an atmosphere of cooperation over one of competition. We know that a commitment towards a cooperative way of doing business ensures that any situation that may develop can be resolved at the lowest level. This spirit of partnership and working together heads off disputes before they occur. If issues do come up, they are resolved in a timely manner that is equitable and respectful to all parties involved. With the team environment promoted by partnering, we find disputes are handled at the field level and there is rarely a need to escalate any dispute. We find that the most successful approach in dispute resolution is to incorporate partnering into the project. c) CUSTOMER SERVICE T&T Construction has been in business for 41 years. We have found success and built our reputation by providing excellent customer service and quality work. Our team truly partners with our clients to deliver the outcome the client expects. We take pride in the work we do, and those values have been instilled in our workforce. We value our customers and provide them with the best service possible. We stand behind our workmanship, and if a client ever has an issue, they can reach out directly to the President, Jerrad Trulson, at 602-980-3162. d) Q UALITY CONTROL Quality control is only successful when the entire construction team is integrated into its strategy. Our employees are encouraged to be vocal about any concern or issues they have with the product being built, and at any time can address this issue with complete authority to take corrective action. Since they are building a product designed to last for decades, it is important that everyone can stand behind the work they perform. All materials brought onto the job site are checked for defects prior to being unloaded and will be shipped back if unsuitable. Verification will also be made that the material is exactly as submitted. Another important aspect of quality control is working with the inspectors to give ample access to review completed work. This is given a high level of importance by our personnel to allow for all entities involved in the project to ensure that the specifications and requirements are being met. e) SCHEDULING AND STAFF After meeting with the owner and identifying any parts of the project with critical time restraints, we then incorporate those constraints into our Critical Path Schedule as milestones and adjust material procurements, submittal review periods, and production times to ensure we will meet these critical milestones. We then implement and monitor the schedule diligently adding manpower, increasing hours, and/or bringing in additional equipment to keep the project on schedule. The most important aspect of addressing scheduling delays is close monitoring of the schedule so that anticipated delays can be addressed before they become a major problem. Our construction team is experienced in reviewing, tracking, and acting upon any conflicts that arise to maintain the original completion schedule. Also, by tracking such delays on a micro level, it allows for immediate corrective action to eliminate them before they become a notable occurrence. By coupling this strategy with an electronic timesheet submittal system for our foremen, we can monitor construction progress daily. We will track all items on the schedule daily, and we will use a two week look-ahead schedule to monitor the progress of each item. If items are found to be falling behind by a day or more, the task will be flagged and reviewed by our construction team. Items that do not see an increase in production, or continue to fall behind consecutively by three days, will be immediately acted upon using a schedule recovery method. This method would include either additional personnel, equipment, or working extended hours to rectify the schedule. We will notify the owner of these delays, along with a written plan on how to correct the issue. We will continue to closely monitor these items until they are brought back to the original completion time, or an acceptable alternative schedule is agreed upon by all parties. We utilize Microsoft Project or Primavera to create our project schedules using a Critical Path Model within a Gantt chart. Our project engineer/managers will meet with the owners and identify time sensitive portions of a project and establish work hours and non-working days. Manufacturers provide expected delivery dates for long lead materials, and we identify obtainability dates of required permits. This information is then incorporated into the project schedule. Next, all major items of work are entered with their production times and target finish date. We then do an internal feasibility assessment and adjust when needed, then submit it to the owner for review. f) CONSTRUCTION SAFETY MANAGEMENT Safety is the number one priority on all our projects. Jerrad Trulson, President of T&T௖Construction, Inc., has personally assumed responsibility for safety issues in our Company, and as such is our designated Safety Officer, being responsible for the development and implementation of all safety regulations. All our crew and project management employees have received OSHA training, confined space training, flagger training, and competent person training. Every individual involved with the project is given the responsibility and authority to observe and maintain a safe working site. While the competent person on site will work diligently to organize activities in a safe manner, each individual is trained to recognize potential hazards to minimize risk of accidents. Each individual is also given the authority to immediately stop all work when an unsafe condition is identified and halt work until it is rectified. A critical part of our safety program is our weekly safety meetings. Our project superintendents hold site-specific weekly safety meetings every Monday morning to clarify goals for the week and to notify the team of specific hazards that we may encounter. We encourage the owners to attend these weekly meetings. 5. PROJECT SCHEDULE KEY PROJECT MILESTONES DURATION DELIVERABLE INITIAL CONTACT FROM TOWN 4 HOURS DISCUSS COURSE OF ACTION/ IDENTIFY PRIORITY/ NON- PRIORITY AREAS MOBILIZATION TIMELINE 24 HOURS PROCURE NEEDED EQUIPMENT AND NECESSARY SUBCONTRACTORS WORK BEGINS 24 HOURS CLEAN UP AND MITIGATION OF STORM DAMAGE AT IDENTIFIED AREAS DEMOBILIZATION TIMELINE WITHIN 24 HOURS OF COMPLETION PROJECT CLOSEOUT 6. PRICING Labor & Equipment Rates Category Make Model Cab Type Number Fuel Type Capacity Year Hourly Rate Graders CAT 120M 273.53$ Scrapers CAT 613 236.68$ Wheel Tractor CAT 420 (Backhoe)108.45$ Excavators CAT 325 241.11$ Compactors CAT CP34 134.38$ Air Compressors DPQ185CA 84.09$ Wheel Tractor CAT 926 (Loader)176.76$ On Highway Trk-Light Duty FORD F350 51.34$ On Highway 2K Water Truck 128.21$ On Highway Simple 14 Dump 189.75$ On Highway Double Belly DT 189.75$ Skid Steer Attachments 19.77$ Laborer 68.12$ Operator 124.03$ Superintendent 131.63$ Labor Rates After Hours Laborer 136.23$ Operator 248.06$ Superintendent 263.26$ Labor Rates in Addition to Equipment Rates ɕҺ]׵   ##!" #! """ " ƍĐ̗ŷƻ׵ʑN&¦˙̘һ׵Ȗȅ͹Ȧó׵   # # #  #   """ ɋқ˄ԠşС̙IJa׵Ҋ̫׵Ş͔׵ʧD˅vŮŃï׵   "" "" {ijԻ̚ԍ҈ˆ.׵ʜ̛Ŷ̜ь֏׵̝ԥŶͺ˯׵ ׯɤҋԼØ׵ ‚:Ub0K~ LVD ŠtQWŠͻĴˆ©֐’ª›ÙĵԪ׵Ēэ̄׵Խ͕׵\ˇª̞ԫԾ׵›ю̼ҙ©ĬĒվνÙяǢ׵ ȋ׵ ď,n׵Ǝ ׵#͖׉ѐ׵׵ïҌ֑Ý׵ ½AN¤Т׵‰ ´׵Ԏş֒Þ҉Ʃǣ׵ʉ n׵{#׵Ҽҵ֓mł7׵׵5—[׵ϯÎȰ׵Y׵5׵. ֿ׵å͗Îu׵.Î׵˚ϰˈϧǤ׵ !%    ȗ׵ Ƚ֔U)ёUU׵BJ]̟ȂĘͼ#ҽ͌ Ҿ71׵ђ5m‰ם׵,]Ƽ׵½̬׵1)̽̾rѓԿ׵?łУ׵ ,Â׀׵ ȝ׵ z—˰Ϩ׵ Ľ¨ҿ¥ľԟĦ Հ׵˛î׵ ?Ӏ׵̭1ß˗ϱ׵ՁJ´׵jƅ U#Г̿ДNˉaϲ׵¥?׵Ղ͘׵qӁA׵׊͙׵ Ф׵Ɔ׵є;ӂ7׵׵.ģѕ׵Ȍƽ׵ȾlLϩ׵Õ.מ׵ĹіÇ׵̮׵Ճ͚׵ ȡ׵ ɏî̠ĭҜ5ÏїԬ׵ƏL1׵ˊÛҝϳż׵ҍјRż׵Մ¦׵ ?R.Ҏ׋™B͍׵ԭׁљ׵˜¦י̡Ԯǥ׵ jPԡŭ ͽ׵њՅ)տЕUƾ׵Õa׵{ћYmׂģ7ů ϴ#ȱ׵P׵ ċ#5Ԥűja)Õ׵׵Ҟ ĝ׵Ȟƪȫ׵ ½B̅™ŷ[7ŮÁϵȃԯ.׵ÛӃҏҟD;Նӄ׵ҐӅ׵ ȿ׵ąӆqӇ Š)׵ ׵zßҠӈ,Շmʕ áš^ÝřlͿĽ׵ ʨr֕#&Ȅ#‰,æ׵ ƨ׵ װ׵ ř̯^͎.Pǖ]Pn˝̢Ӊ׵ɻɼɀ ɐךnҡՈ׵¨hן׵˱1׵ʒ̰׵hנƫ׵ ЖÐХĤ&7׵.ξJ˞)R);ס׵NnÛ ќעǦ׵ɑѝՉӊ׵;͛׵&hµ׵NR [̱΀˲h&΁ў׵Ɛzȶz׵Lrq¤Þ 5[ø׵đȷ׵LDҢŃ aο^ƿ׵ʖȸʗˋԦijԏ#͜)ңƬ׵ƃ׵ ʊĺՊÈȬ׵Ɂ͝LĨ׵&͞׵ÁĿҤrqD)Á&׵˟µ׵ċ׵Ջl׵R)A׵,ˠ׃׵?¤Ӌ׵Ռ͟׵Š µ׵NR,#΂?ĤN ‰)џ׵€׵5͠׵ )ĝ϶Ǘ]ЦÂD׵׌IJӌÿ׵ Ɍ׵A;׵jlLĨ׵ ɒµЧq&΃B׵̀DШ׵ɖȹʩɂȺ׵Ӎ¨¤Ԣŭ΄B͏׵ɽɾĆ׵ɦ“׵&͡׵ɿʀɃ׵Ս׵NRJ##)€πPY׵J#׵ ׵mAĞ.ęǘЩЪˡń׵ʁʂz׵ š—ˌՎ׵ɧ׵7™԰D͐ ӎ11׵̲ӏЫ׵ &͢׵׍BŅ׵ŰѠϷU׵5ͣ׵׎Ӑ׵“׵‰ͤ׵ʃČĆ׵ɨ׵ ˳7׵Ƒ΅“׵ ïô׵ ,AґŢğ̣ӑ׵ʄČɄ׵;ͥ &׵{Ա׵ÖĹ&׵̆Άvńę͑ ӒẎ׵?Ԑ¥Ь׵;ğ׵׏ѡӓ׵€Ӕ׵ʸǧǨ׵ €YԑJϸ׵;ˍ´׵Ŀ֖ӕҥŚUǩ׵ʓՏͦPԩ[ø׵,׵ŚƇѢ͒RǙ]ЭˢD׵ʅʆɅ׵;ͧˎa׵˘׵ Ȇ Ðu׵̈·uņĞJD̉1׵€ӖЮ׵Րͨ׵אӗ׵Բ—ů.1׵˴lLϪ׵5ͩ׵h¨ҦҧÞ) &׵ˣî׵?Ә׵Şͪ׵Ց ´׵jϹ #vΈ“ρ˵ &ĦB׵?׵ς&ś׵בѣәÿ׵ʔåͫӚ׵ƒԳ׵Ή^ՒԨ˶åÐҒ^śô׵ƃ׵  !)%)'"))($#)  )& )  ) ȣ׵ Ȼ17ņPvU׵ƓBŰ]ˤӛǀ׵v;ӜՓǁ׵ Ѥ̊׵ JľՔ׵Ý׵űΊ5׵^Ǫó׵đ׵{#aß֗ÄՕ™ғAuǫ׵ ĐҶ֘u;ӝƌ#׵ѥ ĭ׵ Ѧ7׵ ĘYԒuԴ׵ƔqՖ΋A ʛ׵ %% %% Ȥ׵ ąΌ՗ףǂ׵#՘,æǃ׵,A1׵˂ɩʘ׵jY׵ #" %% $%  % ȥ׵ ʇσԵæ׵ L˷¦֙^5׵ѧ֚ЯÂrƕvƭ׵lr׵ƖҨŢ[¥Bh.õ׵  $% &!"&#&  & ƈ׵ÀĻ˸ΐˏϺ׵ԶPÄŲӞτրŽ׵ÖŲв˥̤ӟ׵ ĈpŇ׵=Gױ׵ʪɪ¿׵΍׵ţĠ׵ +*ײňΎ˃׵ ‹DŽ׵ʫ"׵ʬ¾Ď׵+3HΏ׵ì ׵ а !(ƒ׵<׳׵ б׵H2׵„׵ 8š׵ȍ׵ ׵H§׵ ēkĩV*׵IΑ Z"ϻΒ£e׵ɗʼn׵»»w»-֛\Dž׵ "Γ׵¾׵„àЗ>׵ðEӠ׵ϼ׵(Š3υ<x׵Ѩ¯K׵ñ%ʥč׬Ǭ׵ɥIwŗdž׵́9׵׵ :Δ-ˆ׵\φCLJ׵ Ͻ׵+ӡ*:› ù׵Ӣ׵-~׵ χ­xLj׵׵ "׵ɫŸ E( ψ$C׵Ĝӣ׵ʙ ã ׵0lj׵Ͼ Ӥǭ׵ĊŊ׵ՙͬ4׵ 2 ω ¶׵Ε ׵׵ 6E׵ гSœ=ӥ׵ѩ«–ϊè׵ E 9׵ƗĈϿʋ׭Ǯ׵0Ê׵=°׵-׵Ѫb׵ͭŸ׵׵ VİisNJ׵׵MƒŠfNŠ1,gŠ /bse׵   ʌÙ՚ȭ׵ɬ–׵ ġ׵MMG…¬׵Ζ׵Ηѫ׵ĬӦ׵ " ׵p׵ où׵ ׵ ͮ׵ΘѬ՛ӧFĕˆϋ ׵͂Ө׵/¢׵Žǯ׵fЀ׵׵5hŠE,ŠH' vE!,XŠMŠ;,Ši6*Š,Sw,cj+YŠļ4׵°~ ׵ѭ׵גÌ׵×±Į 9׵՜׵­9ǰ׵ ϡ׵ɓįҩЁĺŽÈө׵[̋ÈĶցħ̓ħÄːւόĻѮ׵Ķ֜į˦ÇӪ׵       ʹ¢s׵ *ИփԷ׵Ë׵*tϢ֝àžý׵ɭ׵ԣ ”ſ׵ Ġbȯ׵ ĂĀ׵ʭQ׵C±Kt׵"Iѯ׵ ׵ "׵̈́To׵Ι׵o>׵ӫsŤ׵՝Ż+ž3׵ ɮķ՞ͅύ քώ ׵2Fi׵Ƙ׵0׵ д׵I՟׵ËӬ׵׵ ֞еi3׵ ׵K׵֟׵ç׵ жƮȲ׵… Șe X׵׵_«׵֠iϣ˹׵ՠ׵ MѲ+׵IΚ "ͯ/~׵K|±Ȯ׵קŒ׵ɯ׵o׵כÔ+ ׵з׵ (ϫ²+׵IΛťQͰīNj׵4׵ƙ ö׵0׵Qw׵Ѱ ׵˧2׵p!ϏĜ׵ 6׵ "׵ ɰ  ԓĸ\׵ʝwC֡׵ %ŏŸ˺׵ñXʞ%Ư׵ "ա׵0׵и׵Š Ϥ ׵բ׵ (ϬF*׵ ŹΜգͱÌÒ̌׵׵׵G/ç׵̳׵׵ÊĥŠT׵դ׵+Ŏ֌׵ Й/׵  ŋ׵ӭ׵̍H- nj׵Ō׵ƚMc׵Z׵ Xʟ%׵Ͳ׵  Ν̴Ξ׵й׵ Í ׵ɱ׵к †׵8ѱ׵ŜF ϥ ׵¬׵ (ÑVҪ׵דΟ!˜QÓΠ ȳ׵†- ȟDZ׵0׵л׵ ׵ʺĀ%Dz׵ϐ!ץ׵Ӯ׵$Ŧͳӯ׵ʻdz%Ǵ׵ҫӰ ׵ר”2O׵K8I÷ȴ׵  Ȣǵ׵ʮ"׵ɘfʯɆf׵|שc׵ ō׵2׵ ġΡ׵•׵ƛ΢׵=Œ׵Σ Τ} C׵Zե׵0׵İ׵Ż* ׵͆׵gĄʰćf׵9*ō׵ɲ׵(4Ԕªȁ ɇĚԧϑ͇ϒ˻ˑօmØĴ׵ɳѲզӱŵ˼ˆϓØѳǶ׵ˁ$֢׵@¯è׵Ė9$׵ų<׵  м׵ș׵ ˨Ú³׵Υ•׵6ì׵ʹ ׄ׵ É׵Ҕ®Φ̵׵iפ׵է˜׵0ʠ%׵ Qb׵=¯׵ Ӳ׵k֣ӳ_bī6׵GĔϦ} ׵<׵ }ĩEҬ׵הĢĢЂΧ׵Kĕ ֤׵ >֥׵"³׵ •ϔК׵ $׵ ԕҭ$ŐŪ׵Л/׵ Ӵţ׵ ~׵³Ψ…׵…׵ >Ŵ:׵ ‹׵ը֦:Ǎ׵ə4׵3Ѓ׵®׵!_Ըk!Ѵd׵ н׵Ț׵$׵<׵ *Ü8ðǷ׵g:׵о$ŋè׵bթ׵*ΩO·׵ kҷ֧é׵ҕӵ׵˩ Oķп!׵Ë׵kìœÉ̎׵SŌÚSá֍xû׵|Å/8ֆϕѵ׵̶׵Ĕǎ׵˽ !Ņ ֨!Ϊ$׵ Ú׵ ׵ÆHΫOG œ׵Ě T@Ѷ!׵ӶԖ ժ׵òʡĄcú׵p׵ МН6d׵S = ׵ ի˜9׵®͵ ׵ ɴ_ 3̥ ׵׵³Æd׵x$Ŵ׵ŖÉ׵ѷê׵TҸíŖÆ׵Ŧ׵š׵ ƒ׵|ňŧ͈ϖ|!Ѹd׵˪֩ ׵6֪׵֫!׵+ʼnׅ׵=$Š4׵Mԗ’ ׵ʱɵʍǸ׵%׵ Ͷ׵ĥŧ:GkάŜ׵•3׵ʚ­׵0X·׵8!3ǹ׵ &  &Àέ͓ѹ˒լ֬áÇ׵Җ̷׵ ʼǺÀǻ׵Ү̦ӷԹҗÖƄ׵      % „׵sě`׵9׵ծ׵ˆ˜׵X ŨT¢\׵ʢwѺV׵ć-׵֭ Є׵<Ì֎ŹÏ׵ ĸ!Oe׵ ɚŵկ֮©׵̨̏׆ЅҘүрĵհԺe׵ɛ׵ "׵œêé׵ή†ļӸс †׵˫Vձ׵̐HœS@ ׵ Ŏ/é׵ ׵ɜâo׵‘ǚ'׵‡~׵׵ί× Ԙí  û׵֯("׵׵ \Іbϗѻ׵’׵ ”­3׵Z=׵ ו׵+°ˬ8ͷǏ׵׵׵ ‡„AZe2N€ O[F        ȼ ׵‡̑ΰH² 8׵ӹ׵C Ϙև=׵ƜĊ׵‘ǛW׵ӺҹEä ư׵Iƒ׵ä׵9Łְ›3̒׵ť׵–О׵˔„׵ ѼT@ ղα׵ãֱ:Ÿ׵ź Í׵ Q׵0ʣ%׵тֲճ׵ «£׵>§G4׵˾ӻė«׵ ‹Ұ 6Ӽ׵  ëϙ͉( մ$¡׵ EÔÃӽ׵ƧʷɶʎƱ׵IƒQ׵уð׵ē׵>F3׵$ЇÒ׵ä˿ֳ:βë6׵‡Eф˭Ӿ׵ Ɲ%%όǐ׵OγHδ²Ј׵ ‹*>ӿ׵¾ ũ–M Ϛ2׵`ִх ׵ƞɹʶXʏc¶׵ ̓+Ťϛ׵ ˕‹S64׵ε Ϝ‚ζ̀®C׵ѽGi4׵תfʲ0ʐƲü׵ұЉ>׵Њ-!Ƌ‚Å ПѾ׵2F@ÃԀ׵ ƟĉƉč÷ý׵Ũ׵+Ŕ ׵C׵p׵ ěҚŏц _׵ԁֵԙ`׵ "׵ı±2 ׵* Ћ׵յ׵>FǑ׵׵!"׵ Vѿë׵ +$âêÃЌ׵Ҁ׵_׵ηҁ͊ նš`׵ °Ԛ ā׵ɔלчSЍ׵̸׵θ¢‚Ԃ<¡׵ ő<íã£׵ (/ֶú׵Kųշ׵׵†׵8Į׵ ¶׵ Q׵”Рזι Ǽ׵ y׵ɝԃ@׵ Ȏ''þɺ¿ʳ׵׫_¬Ř ׵£׵Ő׵SƳ׵ Ɋ,֋e׵ďā׵ȒȈțȠȓˀ׵ ɍ˓խ̧Ƅ׵ y׵g4ž׵Ž'W¸Ɏ/ʿ׵Ơׇ̔…ǒ׵ }ÓַO×׵Z׵͋$׵ոMĪ׵ő׵ıָֹЎ׵ ֺ̹¡-ƴ Ƃ ɞш׵Ž''ǜʈ%Ɉ׵ơHԄֻ׵ =Ҳ׵̺׵2ėd׵ŀԅšצ·׵źǓ׵׵Œ +:MOc Ƃ ɟtž׵¼¹'Wþȧ׵ƀ<ĖÑ׵s׵щּŬŠ Ò׵̻Vp-׵Џ׵ ׵ԛֈ2׵չ͸Ň ª҂}ϝ„׵K6׵ TĪ©ŝƵ y׵ɠ@׵¼¹WWǝ%׵ƀҳt$Å̕ŝ׵‚Ԝ§׵œ Ó׵ ũ׵ 9 !Ϟ c y׵ɡԆ@׵Ž¹''״Ɗȵ׵ƢъԇZ҃!׵(à׵`׵ "κ׵*Œx׵ պחŔϭ׵`(։§¡ƶ ׮׵gT@׵ȏº'Ȩ׵Ɓ"׵Ôŕū׵ ԈçŒü׵¼ºWăǞĉ׵ƣջE̖‡!׵А҄׵ɷŸ ŗŪƷǔ׵ ȐºȪă¸ʴ׵ƤռFս҅Ƹ y׵g:ž׵ȑ''¸ɉ׵ò(`/׵ˮ<ö y׵gtž׵Ăȇ'Wǟf׵Ɓ́ŁVλϟϠ ׵ŕ׵ - ыŸ ׵‚׵ֽԝ׵ҴŊÜâ >ƹ ʽ׵ɢԉo׵‘Ǡ'׵C\ſ׵ɸÊ׵xF׵Ř׵ ׵ʾǽ%Ǿ׵Üt׵ƥ҆(Б¯ ׵׵Ԋχ¬ / ƺǕ׵ ׵ŀԞwμ-׵6־4׵̂ԋ̃֊׵ʵ¿ǿ׵ /ŠˆMxŠ(MŠINkŠ\,lyaŠM]GŠ ŠmMŠn6-Š^-Tz-do-_Š…<p6Š˖׵ Š‰{ŠE=37l "+Še|$.%qŠrMŠ#&@}RŠ†?u89PB)>J4Šʦ̩̪׵‘Íū׵X׵ ’ϮG*׵טŬƒZ8В҇d׵ C s,` Š ɣԌn׵ &Ʀʤ׈Ȁ׵ȔȉǡȜȊȕȩõ׵ d׵ x$Ŵ׵ŖÉ׵ѷê׵TҸíŖÆ׵Ŧ׵š׵ ƒ׵|ňŧ͈ϖ|   1/1/20231/1/24 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND T & T CONSTRUCTION, INC. [Quote or Work Order] See following pages.