City of Buckeye Contract 2019005-03

City of El Mirage — Regular Meeting (2021-03-02)

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Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance
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JOB ORDER CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
M.R. TANNER CONSTRUCTION
CATEGORY 1: PAVE & MILL PROJECTS
CATEGORY 2: SEALING APPLICATION PROJECTS
Contract Number: 2019005-03
This JOB ORDER CONTRACT FOR STREET MAINTENANCE SERVICES (the "Contract") is made and entered into and
made effective the ____of August, 2019 by and between the City of Buckeye, an Arizona municipal corporation
(the "City") and M.R. Tanner Construction an Arizona Corporation (the “Contractor”). This Contract is for Street
Maintenance Services, and issued as required by award of individual Job Orders (the "Project").
RECITALS
A. The City issued a Request for Qualifications entitled “Job Order Contracting for “Street Maintenance
Services” (the “RFQ”) incorporated herein by reference, seeking proposals from vendors interested
in providing Street Maintenance Services.
B. The Contractor submitted a proposal in response to the RFQ (the “Proposal”), attached hereto as
Exhibit A and incorporated herein by reference, and the City desires to enter into an Agreement
with the Contractor for indefinite quantity and indefinite delivery for various projects related to
Street Maintenance Services awarded by Category as follows:
1. Category 1: Pave and Mill Projects to include but not limited to the following:
x
Asphalt Milling
x
Meet compaction and MAG standards for Asphalt breaks
x
Striping and Pavement Marking
x
Preparation of surfaces and Cleaning
x
Material Quality Control and Testing
x
Engineer approved Mixes and Specifications
x
Traffic Control
x
Manhole/Utility Adjustments
x
Protection of Landscape and adjacent Property
x
Community Outreach
2. Category 2: Sealing Application Projects to include but not limited to the following:
x
Asphalt Emulsion Seal coat-Master seal
x
Asphalt Emulsion Seal coat-PMM
x
Asphalt Emulsion Seal Coat-Slurry Seal Type II
x
Equipment required for Sealing Applications
ϲ

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JOC Contract- Street Maintenance
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x
Preparation of surfaces and Cleaning
x
Protection of Landscape and adjacent Property
x
Community Outreach
x
Traffic Control
x
Quality Control Standards and Testing
The Projects may include Design Services, preconstruction services, permitting regulatory requirements and
as-built/close-out documents (collectively the “Services”).
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the
Contractor agree as follows:
ARTICLE 1
CONTRACT TERM
1. This Contract has a base period of one (1) year and four option periods of one (1) year each that may be
exercised in the sole discretion of the City. Any exercise of any option to renew this Contract beyond the
base period will only be effective upon written notice from the City. The time period during which this
Contract is in effect is the “Term”.
2. The Contract Time for each Job Order shall start with the Notice to Proceed (“NTP”) and end with Final
Acceptance, as set forth below. The NTP will not be issued until prior approval and acceptance by City of
the Job Order.
3. The Contract Time is identified in the Job Order as the Contract Duration in terms of calendar days.
Contractor agrees that it will commence performance of the Work after receiving an official NTP letter
and complete the Project through both Substantial Completion (if applicable) and Final Completion
within the Contract Time.
4. Time is of the Essence of this Contract, and each Job Order issued hereunder, for each Project, and for
each phase and/or designed Milestone thereof.
5. Failure on the part of Contractor to adhere to the approved Project Schedule will be deemed a material
breach and sufficient grounds for termination of a specific Job Order and/or this Contract by City. The
City will assess liquidated damages as described in each Job Order for each calendar day of delay beyond
the Final Completion date.
ARTICLE 2
OVERVIEW OF JOB ORDER CONTRACTING UNDER THIS CONTRACT
1. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Services
within the scope of this Contract as City may request from time to time by issuance of an individual Job
Order for each Project. Unless otherwise specified in a specific Job Order, Job Orders generally will not

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include Design Services and that where Design Services are necessary, City will provide them under
separate contract. There will be a separate Job Order for each Project that will describe the Work to be
provided by Contractor for that Project. There may be multiple Projects and therefore multiple Job
Orders under this Contract.
2. The amount to be paid by the City for the Project under each Job Order is the Contract Price for that Job
Order. The Job Order price will include a total amount for each Job Order priced for the Work described
for that Job Order. The Contract Price for any Job Order will be established as a Firm Fixed Price, subject
to the following:
(a) Estimated values for individual projects are estimated at $500,000 to $1,000,000. Projects may
extend into the next fiscal year and beyond, but in no instance will any one project under this
Contract exceed $5,000,000. It is expected that no more than two (2) projects per year will exceed
$1,000,000.
(b) There is no limit on the number of Job Orders that City may issue to the Contractor during the term
of this Contract. Likewise, there is no requirement that the City issue any Job Orders to the
Contractor during the Term of this Contract.
3. City shall have the right to perform work of the types included in this Contract itself or to have other
contractors perform such work.
4. No Contract in relation to any specific Work is in effect until a Job Order has been fully executed by City
and Contractor.
5. During the Term of this Contract, City will issue an individual Job Order request for proposal to Contractor
for each Project. Each Job Order will have specific instruction concerning that Job Order. The Contractor
will follow these specific instructions when preparing a response in the form of a Job Order Proposal.
6. The general steps for development of a Job Order are:
(a) When City identifies a need for performance of a Project under a Job Order; City will issue an RFP to
Contractor and also advise Contractor of the nature of the Work to be done. At the same time, City
will advise the Contractor if Design Services are required and how those services will be provided.
Within seven (7) working days of receipt of this notification, Contractor will:
(i) Visit the proposed Project Site with City designated representatives; and
(ii) Arrange with City to further define the scope of the Project.
Contractor shall thoroughly acquaint itself with all available information concerning the conditions of the Work
under each Job Order and is responsible for correctly and fully estimating the difficulty of performing the Work,
the actions required to perform the Work and the cost of successfully performing the Work under each Job
Order.
(b) City may arrange for any needed Design Services to produce the Drawings and Specifications. Design
Services will not begin until the scope of Design Services is approved by City. The Drawings and
Specifications developed by the Design Services are subject to approval by City. If there are no Design

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Services, City will develop Drawings and Specifications consisting of a line drawing and a written
description of the contemplated Work.
(c) Upon establishment of the scope of the, Contractor will prepare its proposal for accomplishment of
the Project.
7. Upon award of a Job Order, a signed copy of the Job Order will be mailed or electronically forwarded to
Contractor. Failure by Contractor to pick up or receive the mailed or electronic orders shall not relieve
Contractor from the obligation to complete the Work under the Job Order in accordance with the terms
of this Contract or the terms of each Job Order.
8. City may provide a verbal NTP for the Work in advance of issuing the formal NTP letter (which will be
followed up with a written NTP). Normally, NTP will be issued under separate cover from the Job Order.
The Contract duration starts with the date on the NTP letter.
ARTICLE 3
DEFINITIONS
“Addenda” written or graphic instruments issued prior to the submittal of the Proposal(s), which clarify, correct
or change the Proposal(s) requirements.
“Agreement” means the executed agreement between City and Contractor.
“Change Order” means a written instrument issued after execution of a Job Order or this Contract signed by
City and the Contractor, stating their agreement upon all of the following: the scope of the change in the Work;
the amount of the adjustment to the Contract Price; and the extent of the adjustment to the Contract Time(s).
“City” means the City of Buckeye, a municipal corporation, with whom Contractor has entered into this Contract
and for whom the Services is to be provided pursuant to said Contract.
“City’s Project Criteria” means information developed by or for the City to describe City’s program requirements
and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as
submittal requirements and other requirements governing Contractor’s performance of the Work. City’s Project
Criteria may include conceptual documents, design criteria, performance requirements and other Project-
specific technical materials and requirements.
“City’s Representative” means the person designated within this contract.
“Commissioning” means the process for achieving, validating and documenting the performance of the Project
including any works and its systems to meet the design needs and requirements of the City.
“Construction Documents” means the plans, specifications and drawings prepared by the Contractor or a
Consultant.
“Construction Drawings” means the detailed drawings approved as part of the approved Construction
Documents.

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“Construction Work” means the construction component of the Project.

“Contract Documents” means the following items and documents in descending order of precedence: (i) all
written modifications, amendments and Change Orders to this Contract; (ii) this Contract, including all exhibits
and attachments, executed by City and Contractor to include each Job Order; (iii) written supplementary
conditions; (iv) Construction Documents prepared and approved; (v) Contractor’s approved Variations of the
City’s Project Criteria, as contained in Exhibit A.; (vi) City’s Project Criteria; (vii) Contractor’s Proposal(s), except
for accepted Variations of the City’s Project Criteria, submitted in response to City’s Project Criteria.

“Contract Price” means the amount or amounts set forth in each awarded Job Order subject to adjustment in
accordance with this Contract.

“Contract Time” means the Days set forth in each awarded Job Order subject to adjustment in accordance with
this Contract.

“Job Order” means a specific written agreement between the City and the Contractor for Work to be performed
under this Contract for an individual, mutually agreed upon scope of work, schedule and price.

“Day(s)” means calendar days unless otherwise specifically noted in the Contract Documents.

“Deliverables” means the work products prepared by the Contractor in performing the scope of work described
in each Job Order.

“Design Services” means all professional services to be performed or procured by the Contractor or by City to
provide required Project design under this Contract and any subsequent amendments.

“Job Order Contractor” means the firm, corporation, or other approved legal entity with whom the City has
entered into this Contract to provide services as detailed in this Contract. The term Contractor may be used to
identify the Job Order Contractor.

“Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the Site
that, (i) materially differ from the conditions indicated in the Scope of Work issued with each Job Order or (ii) are
of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized
as inherent in the Work.

“Final Acceptance” means the completion of the Project as prescribed in Article 10.

“Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path and
extending the Substantial Completion date.

“Legal Requirements” means all applicable federal, state and local laws, codes, ordinances, rules, regulations,
orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site,
the practices involved in the Project or Site, or any Work.

“Notice to Proceed” or “NTP” means the directive issued by the City, authorizing the Contractor to start Work
or a portion of the work.

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“Payment Request” means the City form used by the Contractor to request payment for Work performed.

“Product Data” means illustrations, standard schedules, performance charts, instructions, brochures, diagrams
and other information furnished by the Contractor to illustrate materials or equipment for some portion of the
Work.

“Project” means the Work to be completed in the execution of any awarded Job Order and as amended and as
prescribed as any Scope of Work in identified in each awarded Job Order. Project means the Work associated
with each awarded Job Order issued under this Contract.

“Project Schedule” means a schedule as prescribed in this Contract or subsequent Job Orders.

“Project Record Documents” means the documents created pursuant to Article 12.

“Samples” means physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.

“Schedule of Values (SOV)”, means the Document specified in the construction phase, which divides the
Contract Price into pay items, such that the sum of all pay items equals the awarded Job Order Price for the
Work, or for any portion of the Work having a separate specified Contract Price.

“Shop Drawings” mean drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some
portion of the Work.

“Scheduled Substantial Completion Date” means the calendar date equal to the Notice to Proceed date
established plus the number of Days established in each Job Order.

“Site” means the land or locations on which the Project is located, as more particularly described in the Job
Order.

“Subcontractor” or “Subconsultant” means any person or entity retained by Contractor as an independent
contractor to perform a portion of the Work and shall include material, men and suppliers.

“Substantial Completion” means the date on which the Work, or an agreed upon portion of the Work, is
sufficiently complete so that City can occupy and use the Project or a portion thereof for its intended purposes.

“Technical Consultant” means an agent of the City who furnishes project management assistance (if applicable to
a Job Order).

“Variations of the City’s Project Criteria” means agreed changes to the City’s Project Criteria by both Parties.

“Work” means as defined in Article 5, Paragraph 2.

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ARTICLE 4
DESIGN PHASE AND DESIGN SERVICES

1. Costs for Preconstruction services will be included in Contractor’s firm fixed price cost proposal.

2. Contractor may also be required to provide incidental Design Services for all or a portion of the Work to be
constructed under a specific Job Order. If consulting services for design and the preparation of Plans and
Specifications are required; they will be paid for as a separate line item in the Contractor’s price proposal.
Normally the City will obtain Design Services from a consultant or prepare design documents using City staff.

ARTICLE 5
CONSTRUCTION SERVICES

1. Contractor shall perform all Work necessary to construct the Project in accordance with all applicable
Legal Requirements, this Contract and the specifications outlined in each Job Order, and render the
Project and all its components operational and functionally and legally usable for their intended purpose.

2. The term "Work" shall mean whatever is done by or required of Contractor to perform and complete its
duties relating to the construction of each Job Order under the Contract, including, without limitation,
the following:

A. Construction of the whole and all parts of the Project in full and strict conformity with each Job Order;

B. The provision and furnishing, and prompt payment therefore, of all labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power,
fuel, heat, light, cooling, other utilities and things required for the construction of each Job Order;

C. The procurement and furnishing of all necessary permits and other permits required for the
construction of each Job Order;

D. The creation and submission to City of detailed as-built drawings depicting all as-built construction;

E. The furnishing of any required surety bonds and insurance as may be required by each Job Order;

F. The furnishing of all equipment and product warranties, manuals, test results and user guides
required by each Job Order or otherwise reasonably available to Contractor;

G. The furnishing of all other services and things required or reasonably inferable from the Contract
Documents, including the provisions of Article 6 below.

ARTICLE 6
TIME FOR CONSTRUCTION: THE CONTRACT TIME

1. After City has awarded each Job Order, City shall issue a NTP directing Contractor to proceed with the
Work on the date indicated in the notice (the "Commencement Date"). The notice to commence Work
shall be issued at least ten (10) days prior to the Commencement Date.

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2. Contractor shall commence the Work on the Commencement Date, and the Work shall be carried out
regularly and without interruption. Contractor shall substantially complete the Work no later than the
date established in each Job Order or such other date as may be issued by a Change Order (the
"Scheduled Completion Date"). The number of calendar days between the effective date of the Contract
and the Scheduled Completion Date is the "Contract Time". Contractor shall achieve Final Completion of
the Work no later than thirty (30) calendar days after achieving Substantial Completion.

3. Contractor understands that if Substantial Completion for entire project is not attained by the Scheduled
Substantial Completion date, City will suffer damages which are difficult to determine and accurately
specify. Contractor agrees that if Substantial Completion is not attained by the Scheduled Substantial
Completion Date, Contractor shall pay City the amount established in each Job Order as liquidated
damages for each day that Substantial completion extends beyond the Scheduled Substantial
Completion Date.

4. All limitations of time set forth in each Job Order are material and time is of the essence of each Job
Order.

ARTICLE 7
ADDITIONAL DUTIES AND RESPONSIBILITIES OF CONTRACTOR

1. The intent of this Contract is to require complete, correct and timely execution of all Job Orders
awarded for the Construction Work. Any and all Construction Work that may be required reasonably
implied or reasonably inferred by each Job Order as necessary to produce the intended result shall be
provided by Contractor for the Construction Price as provided in each awarded Job Order.

2. All Work performed by Contractor shall be in strict compliance with each Job Order. "Substantial
Compliance" is not strict compliance. Any Construction Work not in strict compliance with each Job
Order is defective.

3. The Construction Work shall be strictly supervised and directed using Contractors best and highest skill
and effort. Contractor shall bear full responsibility for any and all acts or omissions of those engaged in
the Construction Work on behalf of the Contractor.

4. Contractor warrants and guarantees to City that all labor furnished to perform the Construction Work
under each Job Order will be competent to perform the tasks undertaken and is the best quality
obtainable, that the product of such labor will yield only superior results in strict compliance with the
requirements of each Job Order, that materials and equipment furnished will be of high quality and new
unless otherwise permitted by the Job Order, and that the Construction Work will be of high quality,
free from faults and defects and in strict conformance with the requirements found in each Job Order.
Any and all Construction Work not strictly conforming to these requirements shall be considered
defective and shall constitute a breach of Contractor's warranty.

5. Special or specific guarantees and warranties which are required by each Job Order to run for a fixed
period of time shall commence running on the date of Substantial Completion of all Construction Work.

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In general, Contractor warrants all work, including labor and materials, for a period of two (2) years
from the date of Substantial Completion, unless otherwise specified in the Job Order.

6. Contractor, within fifteen (15) days after the Commencement Date, shall submit to the Manager of
Construction and Contracting for his information, and shall comply with, Contractor's Schedule of
Construction for each Job Order awarded. The Schedule of Construction shall reflect the performance
of all Construction Work on weekdays and non-holidays. The Schedule of Construction shall be a
detailed critical path (CPM) schedule in a form acceptable to City. The Schedule of Construction shall
be revised at least monthly and shall be revised to reflect conditions encountered from time to time
and shall be related to the entire Project awarded as a Job Order. Each such revision shall be furnished
to the City. Strict compliance with the requirements of this Paragraph shall be a condition precedent
for payment to Contractor, and failure to strictly comply with this requirement shall constitute a
material breach of the Contract. No claim for an increase in the Construction Price shall be allowed as
a result of Contractor basing the Construction Price upon an early completion schedule, or as a result
of delays and costs attributable to completion later than the planned early completion date.

7. Contractor shall continuously maintain at the Site, for the benefit of City, an updated copy of the
awarded Job Order, including one record copy of the Job Order Documents marked to record on a
current basis changes, selections and modifications made during construction. Additionally, Contractor
shall maintain at the Site, for the benefit of City, a copy of all Shop Drawings, Product Data, Samples,
and other Submittals, if specified in the awarded Job Order. Upon Final Completion of the Construction
Work, or upon the City's request, all of the documents described in this Paragraph shall be finally
updated and delivered to City and shall become the property of the City.

8. Contractor shall review, study, and approve, or take other necessary action upon all Shop Drawings,
Product Data, Samples, and other Submittals to ensure that each Job Order will be constructed in a
timely fashion in strict compliance with the requirements of the Contract and Job Order. No deviation
from, substitution for, or other modification from the Documents shall be allowed by Contractor in a
shop drawing or submittal without written approval, in the form of a Change Order, from City.
Contractor shall engage in prompt and adequate review of Shop Drawing and other Submittals to
maintain the Construction Schedule; Contractor also warrants it will use its best independent
professional judgment in its review to determine compliance with the Contract Documents.

9. City shall also, in its discretion, have the right to review and approve Submittals, and if City so elects,
Contractor shall not perform any portion of the Construction Work as to which the City has required
submittal and review until such Submittal has been approved by the City. Approval by the City, however,
shall not be evidence that Construction Work installed pursuant to the City's approval conforms with
the requirements of the Contract nor shall such approvals relieve Contractor of any of its responsibilities
or warranties under the Contract. If City elects to review Submittals, Contractor shall maintain a
Submittal log which shall include, at a minimum, the date of each Submittal, the date of any resubmittal,
the date of any approval or rejection, and the reason for any approval or rejection. Contractor shall
have the duty to carefully review, inspect and examine any and all Submittals before submission of
same to City. Shop Drawings and other Submittals from Contractor do not constitute a part of this
Contract.

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10. Contractor shall procure from all Subcontractors and Suppliers and shall transmit to the City, all
warranties required by the Contract. Contractor shall review all such warranties and shall certify to City
that the warranties are in strict compliance with the requirements of the Contract.
11. Contractor shall prepare or procure and shall transmit to the City all documentation required by this
Contract regarding the operation and recommended maintenance programs relating to the various
elements of the Construction Work.
12. If required in the Job Order, Contractor shall prepare and provide to the City a complete set of all as-
built drawings which shall be complete and, except as specifically noted, shall reflect performance of
the Construction Work in strict compliance with the requirements of this Contract.
13. Contractor shall assume all labor responsibility for all personnel assigned to or contracted for the
performance of the Construction Work and agrees to strictly comply with all its obligations as employer
with respect to said personnel under all applicable labor laws.
14. Contractor shall be responsible for procuring all tests and inspections required by sound professional
practices and by governmental authorities having jurisdiction over the Project. Contractor shall submit
certified results of such tests to City. If the laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any Construction Work to be specifically inspected, tested, or
approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to City the required certificates of inspection, testing or approval.
15. Contractor shall, during the course of the Construction Work, comply with any regulations or guidelines
prescribed by City. Contractor warrants that it will comply with all public laws, ordinances, rules and
regulations applicable to the services to be performed under the Contract, including without limitation,
those relating to the terms and conditions of the employment of any person by Contractor in connection
with the Construction Work to be performed under the Contract.
16. Contractor shall perform the Construction Work in accordance with all construction codes, laws,
ordinances or regulations applicable to the design and execution of the Construction Work. Any fine or
penalty which may be imposed as consequence of any violation of this provision shall be paid by
Contractor, and Contractor, to the fullest extent permitted by the law, shall fully defend, indemnify and
hold City harmless for, from and against all loss, damage, and expense, including attorney's fees,
resulting from any such violation or alleged violation of codes, laws, ordinances, or regulations,
regardless of a concurrent contribution by City, through negligence or other wrongful act, to such loss,
damage, or expense, except that such indemnity shall not apply if the violation is solely and directly
caused by a negligent or willful act or omission of City, its officers, agents, or employees.
17. All construction and building permits, licenses and authorizations necessary for the construction of the
Project shall be secured and paid for by Contractor. Contractor shall notify the City when it has received
said permits, licenses, and authorizations, and upon receipt shall supply the City with copies of same.
The originals of permits, licenses and authorizations shall be delivered to the City upon completion of
the Construction Work, and receipt of these documents by City shall be a condition precedent to final
payment. Contractor shall also give and maintain any and all notices required by applicable laws
pertaining to the construction of the Construction Work.

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18. While on City's property, all Contractor's employees and Subcontractors shall confine themselves to
areas designated by the City and will be subject to City's badge and pass requirements, if any, in effect
at the Site of the Construction Work.

19. Contractor shall take all reasonable steps and legally required measures at the site to comply with
applicable safety regulations and standards and to adequately protect the Construction Work, stored
materials, and temporary structures located on the premises, and to prevent unauthorized persons
from entering upon the site. Contractor shall at all times safeguard City's property and employees from
injury or loss in connection with the performance of the Contract. Contractor shall at all times safeguard
and protect its own partially or completely finished Construction Work and that of the adjacent property
and all adjacent construction Work from damage. Contractor shall protect City's equipment, apparatus,
machinery, and other property and all adjacent construction Work with boarding and other safeguards
so as to keep the premises free from dampness, dirt, dust, or other damage and shall remove all such
temporary protection upon completion of the Construction Work.

20. Unless otherwise instructed by City, Contractor shall repair and return to original condition all buildings,
streets, curbs, sidewalks, landscape, utilities or other facilities affected by Contractor's performance of
the Construction Work.

21. Contractor shall keep the site reasonably clean during performance of the Construction Work. Upon
Final Completion of the Construction Work, Contractor shall thoroughly clean the site and the Project
and remove all waste, debris, trash and excess materials or equipment, together with Contractor's
property therefrom.

22. At all times relevant to the Contract, Contractor shall provide access to the Construction Work to City
and its designees without formality or other procedure.

23. The City's decisions in matters relating to aesthetic standards and effect shall be final.

24. In performing both Design Services and Construction Work under this Contract, the relationship
between City and Contractor is that of independent contractor, and the execution of this Contract does
not change the independent status of Contractor. Contractor shall exercise independent judgment in
performing its duties under this Contract and is solely responsible for setting working hours, scheduling
or prioritizing the Contract work flow and determining how all Contract work is to be performed. No
term or provision of this Contract or act of Contractor in the performance of this Contract shall be
construed as making Contractor the agent, servant or employee of City, or making Contractor or any of
its employees eligible for the fringe benefits, such as retirement, insurance and worker's compensation,
which City provides its employees.

ARTICLE 8
CONTRACT PRICE

1. City shall pay, and Contractor shall accept, as full and complete payment for all Work associated with
each Job Order the amount approved and awarded to the Contractor as a Job Order. Each Job Order will

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be a separate contract under this Contract. The general terms and conditions will be established by this
Contract and special contract provisions will be established within each Job Order.

2. Job Order Construction Price, unless changed by Supplemental Agreement or Change Order, represents
the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final
completion of the Work, and the total of all payments to Contractor or its Subcontractors are concerned.
Should additional amounts be required to be expended, over and above a Job Order Construction Price,
to achieve completion of the Construction Work, including Project construction, and payment to
Contractor, in accordance with this Contract and any Special Provisions included in each awarded Job
Order, liability for and payment of such additional amounts shall be the sole responsibility of Contractor
and its Contract Surety herein, and City shall never be liable for same.

3. In addition to the Construction Work Contractor will perform, it will also provide all the usual and
necessary traditional construction management services incident to construction projects of the nature
and scope of this Project, for which the Management Fee described in this Contract is paid. The services
required are not intended in any manner to diminish the overall responsibility of Contractor for the full
and final completion of the Construction Work within the time and cost constraints specified in this
Contract.

4. City agrees to pay Contractor for the Cost of the Construction Work as defined in each Job Order, subject
to submission by Contractor of all backup substantiation as may be reasonably required by the City. In
no event shall the sum of payments for the Cost of the Construction Work and any other Contractor
compensation exceed the Construction Price, as adjusted by Change Order. The term "Cost of the
Construction Work" shall be defined in each Job Order and be established as a Firm-Fixed Price Contract.

ARTICLE 9
PAYMENT OF THE CONTRACT PRICE

1. Payments of the Contract Price will be made monthly as Work progresses. Payment Applications,
covering labor, material, equipment, supplies, and other items completed, delivered or suitably stored
on site during a period ending on the last calendar day of each month, shall be submitted to the City by
the Contractor on the current edition of AIA Documents G702 and G703, within five (5) days after end
of the period. Payment Applications shall be notarized shall be supported by such data substantiating
the Contractor's right to payment as the City may require, and reflect retainage, if any, as is provided.
All payments shall be subject to any offset or retainage provisions of the Contract.

2. Each payment made to the Contractor shall be on account of the total amount payable to the Contractor,
and title to all Work covered by a paid partial payment shall thereupon pass to the City. Nothing in this
section shall be construed as relieving the Contractor from the sole responsibility for care and protection
of materials and Work upon which payments have been made, for restoration of any damaged Work, or
as a waiver of the right of the City to require fulfillment of all terms of Contract Documents.

3. The City, within seven (7) days after receipt of the Payment Application, will either issue a Certificate for
Payment for such amount as is properly due or issue written notice of the reasons for withholding such
a certificate.

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4. The issuance of a Certificate for Payment will constitute a representation by the City, observations at the
site and the data comprising the Application for Payment, that the Work is in accordance with the
Contract Documents (subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from the Contract Documents
correctable prior to completion, and to any specific qualifications stated in his certificate); and that the
Contractor is entitled to payment in the amount certified.
5. Payment may be withheld in whole or in part to protect the City on account of:
a. Unsatisfactory job progress as determined by the City.
b. Defective Work or materials not remedied.
c.
Disputed Work or materials.
d. Claims or other encumbrances filed or reasonable evidence indicating probable filing of
claims or other encumbrances by Subcontractors or Suppliers, or others.
e. Failure of the Contractor to make payment to Subcontractors or Suppliers within seven (7)
days after receipt of each progress payment.
f.
A reasonable doubt as determined by the City that the Work can be completed for the
unpaid balance of the Contract Price or within the Contract Time.
g. The Contractor's failure to perform any of its contractual obligations under the Contractor
Documents, or any other Contract with the City.
h. Deficiencies or claims asserted by City against Contractor arising from any other project.
Within fourteen (14) days following the receipt of the Certificate of Payment, the City shall
pay to the Contractor 90% of the value of the Work in place and materials suitably stored at
the Site. The remaining 10% shall be retained by the City until the Contract is 50%
completed at which time the retainage shall be reduced to 5%; provided that: (a) the
Contractor is making satisfactory progress on the Contract; and (b) in the City's sole
judgment, there is no specific cause or claim requiring a greater amount than 5% to be
retained. Thereafter, the City shall pay the Contractor 95% of the value of the Work, unless
and until it determines satisfactory progress is not being made, at which time the 10%
retainage may be reinstated. Such 10% reinstatement would be 10% of the total contract
value of Work in place and materials stored. The City's sole judgment concerning the
satisfactory progress of the Work shall be final.
6. Within sixty (60) days after the issuance of the Certificate of Final Completion by the City and receipt of
all other documents required by the Contract, all retained amounts shall be paid to Contractor as part
of Final Payment:
a. The Final Payment shall not become due until the Contractor delivers to the City full and
final unconditional releases from Subcontractors and major Suppliers acknowledging
payment in full. Any claim filed thereafter shall be the responsibility of the Contractor.
b. If any claim remains unsatisfied after all payments are made, the Contractor shall
immediately upon demand refund to the City all monies that the latter may be compelled to
pay in discharging such claim including all costs, interest and attorneys' fees.

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ARTICLE 10
SUBSTANTIAL AND FINAL COMPLETION

1.
"Substantial Completion" means that stage in the progression of the Construction Work, as approved
by City in writing, when the Project is sufficiently complete in accordance with the Contract that City
can enjoy beneficial use or occupancy of the entire Project and can utilize it for all of its intended
purposes. A condition precedent to Substantial Completion is the receipt by City of all necessary
authorizations for the use of the Project required by any governmental or regulatory authority. City
reserves the right to use any part, phase or system of the Project when such part, phase or system is
substantially completed, but such partial use of the Project shall not result in the Project being
deemed substantially complete, and such partial use shall not be evidence of Substantial Completion.

2.
When Contractor believes that the Construction Work is substantially complete, Contractor shall
notify the City in writing and shall submit to City a list of items remaining to be completed or
corrected. The City, the City's designee, (or an independent consultant hired by City) will perform an
inspection. If the Construction Work is substantially complete, in the sole opinion of City, City will
prepare a Certificate of Substantial Completion which shall establish the date of Substantial
Completion. The Certificate of Substantial Completion shall state the responsibilities of City and
Contractor for Project security, maintenance, damage to the Construction Work, and insurance, and
shall fix the date, not more than 30 days after the established date of Substantial Completion, within
which Contractor shall complete any items of incomplete or defective Construction Work. The
Certificate of Substantial Completion shall be submitted to Contractor for its written acceptance of
the responsibilities assigned to it in such certificate.

3.
Upon Substantial Completion of the Construction Work, and upon execution by both City and
Contractor of the Certificate of Substantial Completion, City shall pay Contractor, within thirty (30)
days, all sums due Contractor, including such amount of retainage as the City in its sole discretion
wishes to pay based upon the value of remaining performance, less the reasonable costs, as
determined by City in City's sole discretion, for completing all incomplete Construction Work and/or
any Design Services, correcting and bringing into strict conformance all defective and nonconforming
Construction Work, and handling all outstanding or threatened claims.

4.
"Final Completion" means the completion of all Work required by, and in strict compliance with, this
Contract, the Job Order, including Contractor's provision to City of all documents and deliverables
required to be provided by the Contract.

5.
When Contractor believes that all of the Construction Work is finally complete, and Contractor is
ready for a final inspection, Contractor shall so notify the City in writing. The City (or an independent
consultant hired by City) will then make final inspection of the Construction Work and, if the
Construction Work is complete in strict accordance with the Contract, and the Contract has been
fully performed, then City will issue a Certificate for Final Payment, providing for payment of the
remainder of the Contract Price, less any amount withheld pursuant to the Contract.

6.
City shall make final payment of all remaining sums due to Contractor within thirty (30) days after
Final Completion as reflected by City's Certificate for Final Payment, provided that all documents and

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deliverables required to be delivered to City under this Contract have been delivered as required,
and provided that all other conditions precedent to payment have been satisfied.

7.
Prior to being entitled to receive final payment, and as a condition precedent thereto, Contractor
shall furnish City, in the form and manner required by the City, the following:

(a) an Affidavit of Final Payment and Release, in particular certifying that all
Subcontractors and Suppliers have been paid all sums lawfully due to them, and
releasing City from all claims that Contractor had or might have asserted during the
performance of this Contract;
(b) if required by City, separate releases of lien or lien waivers from each Subcontractor,
lower tier subcontractor, laborer, Supplier or other person or entity who has, or might
assert a claim against City or City's property;
(c) consent of surety to final payment;
(d) a complete set of the as-built drawings to include AutoCAD disks and the record set of
Contract Documents; and
(e) all product warranties, operating manuals, instruction manuals and other record
documents, drawings and things customarily required of a Contractor, or expressly
required herein, as a part of or prior to Project closeout.

8.
Acceptance by Contractor of final payment shall constitute a waiver and release of all claims against
City by Contractor except for those claims previously made in writing against City by Contractor,
pending at the time of final payment and specifically identified on Contractor's pay request for final
payment as unsettled at the time it submits its pay request.

ARTICLE 11
CITY'S DUTIES, OBLIGATIONS, AND RESPONSIBILITIES

In addition to payment, City shall undertake to perform the following:

1.
City shall provide Contractor with information regarding City's requirements for the Project including
any desired or required design or construction schedule.

2.
City shall review any documents submitted by Contractor requiring City's decision, and shall render
any required decisions pertaining thereto.

3.
In the event City knows of any material fault or defect in the Construction Work, nonconformance
with the Contract, or of any errors, omissions or inconsistencies in the Design Documents, then City
shall give prompt notice thereof in writing to Contractor.

4.
City shall provide Contractor access to the Site and to the Construction Work, and shall provide
Contractor with such information, existing and reasonably available, necessary to Contractor's
performance of the Contract as Contractor may request.

5.
City shall cooperate with Contractor in securing any necessary licenses, permits, approvals or other
necessary authorizations for the design, construction and certification of the Project.

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6.
City shall perform the duties set forth in this Article 11 in a reasonably expeditious fashion so as to
permit the orderly and timely progress of Contractor's Design Services and of the Construction Work.

7.
City's review, inspection, or approval of any Construction Work, Design Documents, Submittals, or
pay requests by Contractor shall be solely for the purpose of determining whether such Construction
Work and such documents are generally consistent with City's construction program and
requirements. No review, inspection, or approval by City of the Construction Work or documents
shall relieve Contractor of its responsibility for the performance of its obligations under the Contract
or the accuracy, adequacy, fitness, suitability, or coordination of its Design Services or the
Construction Work. Approval by any governmental or other regulatory agency or other governing
body of any Construction Work, Design Documents, or Contract Documents shall not relieve
Contractor of responsibility for the strict performance of its obligations under the Contract. Payment
by City pursuant to the Contract shall not constitute a waiver of any of City's rights under the Contract
or at law, and Contractor expressly accepts the risk that defects in its performance, if any, may not
be discovered until after payment, including final payment, is made by City.

9.
City's agreement not to exercise, or its delay or failure to exercise, any right under the Contract or to
require strict compliance with any obligation of Contractor under the Contract shall not be a waiver
of the right to exercise such right or to insist on such compliance at any other time or on any other
occasion.

10.
City shall furnish to Contractor, prior to the execution of each Job Order, any and all written and
tangible material knowingly in its possession concerning conditions below ground at the site of the
Project. Such written and tangible material is furnished to Contractor only in order to make complete
disclosure of such material and for no other purpose. By furnishing such material, City does not
represent, warrant, or guarantee its accuracy or completeness either in whole or in part, and shall
have no liability therefore. If Contractor requests in writing, City shall also furnish surveys, legal
limitations, and utility locations (if known), and a legal description of the Project site.

11.
City shall obtain all easements required for construction, and shall pay for necessary assessments
and charges required for use and occupancy of the Construction Work. Contractor shall render such
assistance as City may request in obtaining such easements, certificates of occupancy, and the like.

12.
In the event Contractor fails or refuses to perform the Construction Work in strict accordance with
the Contract, or is otherwise in breach of this Contract in any way, City may, at its option, instruct
Contractor to cease and desist from performing further Construction Work, or any part thereof. Upon
receipt of such instruction from City in writing, Contractor shall immediately cease and desist as
instructed by City and shall not proceed further until the cause for City's instructions has been
corrected, no longer exists, or City instructs that the Construction Work may resume.

13.
In the event City issues such instructions to stop Construction Work, and in the further event that
Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance
to City that the cause of such instructions will be eliminated or corrected, then City shall have the
right to carry out the Construction Work with its own forces, or with the forces of other contractors,
and Contractor shall be fully responsible for the costs incurred in correcting any defective or deficient

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Construction Work. The rights set forth in Article 11, Paragraph 11 and this Article 11, Paragraph 12
are in addition to, and without prejudice to, any other rights or remedies City may have against
Contractor, including the rights to terminate or withhold payment as provided herein.

ARTICLE 12
JOB ORDER (PROJECT) DOCUMENTATION

1.
Contractor shall maintain and protect all records relating in any manner whatsoever to the Project
(the "Project Records") for no less than four (4) years after Final Completion of the Project, and for
any longer period of time as may be required by law or good management practice.

2.
All Project Records which are in the possession of Contractor or Contractors Subcontractors shall be
made available to City for inspection and copying upon City's request at any time. Additionally, such
records shall be made available upon request by City to any state, federal or other regulatory
authorities, and any such authority may review, inspect and copy such records. The Project Records
include, without limitation, all drawings, plans, specifications, Submittals, correspondence, logs,
minutes, memoranda, photographs, tape or videotape recordings, or other writings or things which
document the Project, its design, or its construction. Said records include those documents
reflecting the cost of design and construction to Contractor.

ARTICLE 13
PERSONNEL, SUBCONTRACTORS AND SUPPLIERS

1.
A "Subcontractor" means an entity which has a direct contract with Contractor to perform a portion
of the Construction Work or the Design Services. For purposes of the Contract, Subcontractors shall
also include those furnishing any equipment and materials for the Project.

2.
A "Supplier" means an entity providing only equipment or materials for the performance of the
Construction Work.

3.
Upon execution of this Contract, and at such later times as may be applicable, Contractor shall furnish
City, in writing, the names of persons or entities proposed by Contractor to act as Subcontractors on
the Project. Contractor shall provide such information regarding such proposed Subcontractors as
City deems necessary. City shall promptly reply to Contractor, in writing, stating any objections City
may have to such proposed Subcontractors. Contractor shall not enter into a subcontract with an
intended Subcontractor with reference to whom City objects. Any consent or failure to reject by City
shall in no way relieve Contractor of any of its duties or warranties under the Contract.

4.
All subcontracts and purchase orders with Subcontractors shall afford Contractor rights against the
Subcontractor which correspond to those rights afforded to City against Contractor under this
Contract, including those rights of Contract suspension, termination, and stop Construction Work
orders as set forth in this Contract. It is expressly agreed that no relationship of agency, employment,
contract, obligation or otherwise shall be created between City and any Subcontractor of Contractor,
and a provision to this effect shall be inserted into all agreements between Contractor and its
Subcontractors.

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5.
Should Contractor subcontract all or any part of the Construction Work, such subcontracting of the
Construction Work shall not relieve Contractor from any liability or obligation under the Contract or
under any applicable policy, law or regulation, and Contractor shall be responsible for all and any
acts, defaults, omissions or negligence of its Subcontractors, Suppliers, and CONTRACTOR’S.

6.
In accordance with Article 7, Paragraph 4 above, Contractor shall employ and assign only qualified
and competent personnel to perform any service or task concerning the Project. Contractor shall
designate one such person as the Project Contractor. Absent written instruction from Contractor to
the contrary, the Project Contractor shall be deemed to be Contractor's authorized representative
and shall be authorized to receive and accept any and all communications from City. Key design and
supervisory personnel assigned by Contractor to each Job Order will be provided at the time the
contractor submits the RFP pricing package. The contractor shall conform to all requirements
established in each Job Order RFP issued by the City.

7.
If, at any time during the course of the Project, City reasonably determines that the performance of
any Subcontractor or any member of Contractor's staff construction working on the Project is
unsatisfactory, City's Representative may require Contractor to remove such Subcontractor or staff
member from the Project immediately and replace the staff member at no cost or penalty to City for
delays or inefficiencies the change may cause.

ARTICLE 14
CHANGES AND EXTENSIONS OF TIME

1.
Changes in the Design Services (if required) or the Construction Work under this Contract, consisting
of additions, deletions, revisions or any combination thereof, may be ordered unilaterally by City
without invalidating the Contract. Such changes shall be communicated by Change Order, Field Order
or supplemental agreement, as applicable. Contractor shall proceed diligently with any changes, and
same shall be accomplished in strict accordance with the terms and conditions as set forth in this
Contract/Job Order.

2.
All change orders, changes requested by Contractor, or extensions of Contract Time occurring during
construction of the Project related to actual Construction Work shall be governed by the applicable
provisions of this Contract/Job Order. All requests for additional compensation due to a change in
the scope, and all requests for an extension of time to the Schedule, shall include sufficient backup
documentation to reasonably understand the request and the amount of time or compensation
requested and determine the merits of the request.

3.
Upon the occurrence of a change order for Construction Work which increases the Cost of the
Construction Work, the Construction Price will thereafter include such Cost of the Construction Work
and Services attributable to such change to the extent allowed.

4.
In the event the parties are unable to agree on the terms of a Change Order or Supplemental
Agreement, then Contractor shall continue to diligently perform the Work, including any change
directed by City by Change Order or Supplemental Agreement, and shall keep thorough records of
the cost of performance of such Change Order or Supplemental Agreement.

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5.
Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established
between Contractor and City and agrees that it shall at all times in good faith use its best efforts to
advance City's interests and agrees to perform the Work in the highest professional manner.

ARTICLE 15
CLAIMS BY CONTRACTOR

1.
Claims by Contractor against City are subject to the terms and conditions of this Article 15, and strict
compliance herewith shall be a condition precedent to any liability of City therefore.

2.
All claims for additional compensation or additional time, regardless of their nature, when they
occur, or whether they occur during the design or construction phase, shall be governed by the City
of Buckeye Procurement Code.

3.
Contractor shall provide, and continue to provide, to City all such documentation, including cost and
time records, as and when City may request so that City may evaluate Contractor's claim.

4.
Contractor shall continue its performance under this Contract regardless of the existence of any
claims submitted by Contractor against City.

5.
In the event Contractor seeks to make a claim for an increase in the Construction Price, as a condition
precedent to any liability of City for any claim, Contractor shall strictly comply with the requirements
of Paragraph 2 above and such notice shall be given by Contractor before proceeding to execute any
alleged additional or changed Construction Work. Failure of the condition precedent to occur shall
constitute a waiver by Contractor of any claim.

6.
In connection with any claim by Contractor against City for compensation in excess of the
Construction Price, any liability of City shall be strictly limited to the Cost of the Construction Work
and Design Services if required as defined and allowed in this Contract and subsequent Job Orders
and shall in no event include, indirect, consequential, impact or other costs, expenses or damages of
Contractor or its Subcontractors. City shall not be liable to Contractor for claims of third parties,
including Subcontractors, for acts, omissions, events, or conditions for which City would not be liable
to Contractor under the terms of the Contract. As a condition precedent to City's liability to
Contractor for any loss or damage resulting from claims of third parties, including Subcontractors,
such third parties must have complied with all conditions contained in their agreements with
Contractor and such claims must have been submitted to City by Contractor in strict compliance with
all the requirements of this Article. City shall not be liable to Contractor for claims of third parties
including Subcontractors, unless and until the liability of Contractor has been established in a court
of competent jurisdiction.

7.
The resolution of any claim under this Article shall be reflected by a Change Order or Supplemental
Agreement executed by City and Contractor.

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ARTICLE 16
UNCOVERING AND CORRECTING CONSTRUCTION WORK

1.
If any of the Construction Work is covered, concealed or obscured contrary to the written request of
City, or contrary to any provision of the Contract, said Construction Work shall, if required by City,
be uncovered for inspection and shall be properly replaced at Contractor's expense without change
in the Contract Time.

2.
If any of the Construction Work is covered, concealed or obscured in a manner not inconsistent with
Paragraph 1 above, it shall, if required by City, be uncovered for inspection. If such Construction
Work conforms strictly with the Contract, the cost of uncovering and proper replacement shall be
charged to City. If such Construction Work does not strictly conform to the Contract, Contractor shall
pay the cost of uncovering and proper replacement.

3.
Contractor shall immediately proceed to correct Construction Work rejected by City as defective or
failing to conform to the Contract. Contractor shall pay all costs and expenses associated with
correcting such rejected Construction Work, including any additional testing and inspections made
necessary thereby.

4.
In addition to its warranty obligations set forth elsewhere herein, Contractor shall be specifically
obligated to correct at its cost and expense any and all defective or nonconforming Construction
Work for a period of twelve (12) months following Final Completion upon written direction from City.
This obligation shall survive final payment by City and termination of the Contract.

5.
Nothing contained in Paragraph 4 shall establish any period of limitation with respect to other
obligations which Contractor has under the Contract. Establishment of the one-year time period in
Paragraph 4 above relates only to the duty to Contractor to specifically correct the Construction
Work.

6.
City may, but shall in no event be required to, choose to accept defective or nonconforming
Construction Work. In such event, the Contract Price shall be reduced by the reasonable costs of
removing and correcting the defective or nonconforming Construction Work. City shall be entitled to
a reduction in the Construction Price regardless of whether City has, in fact, removed and corrected
such defective Construction Work. If the unpaid balance of the Construction Price, if any, is
insufficient to compensate City for the acceptance of defective or nonconforming Construction
Work, Contractor shall, upon written demand from City, pay City such additional compensation for
accepting defective or nonconforming Construction Work.

ARTICLE 17
SUSPENSION AND TERMINATION

1.
City may for any reason whatsoever suspend performance under the Contract. City shall give written
notice of such suspension to Contractor specifying when such suspension is to become effective.

2.
From and upon the effective date of any Suspension ordered by City, Contractor shall incur no further
expense or obligations in connection with this Contract, and Contractor shall cease its performance.

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Contractor shall also, at City's direction, either suspend or assign to City any of its open or
outstanding subcontracts or purchase orders.
3.
In the event City directs a suspension of performance under this Article 17, through no fault of
Contractor, and provided Contractor submits a proper claim as provided in this Contract, City shall
pay Contractor as full compensation for such suspension Contractor's reasonable costs, actually
incurred and paid, of:
(a) Demobilization and remobilization, including such costs paid to
Subcontractors;
(b) Preserving and protecting Construction Work in place;
(c) Storage of materials or equipment purchased for the Project, including
insurance
(d) Performing in a later, or during a longer, time frame than that contemplated by this contract.
4.
If City lifts the suspension it shall do so in writing, and Contractor shall promptly resume performance
of the Contract unless, prior to receiving the notice to resume, Contractor has exercised its right of
termination as provided herein.
5.
City reserves the right, for any reason whatsoever (including, but not limited to, the City’s failure to
appropriate funding for this Contract), or without reason, terminate performance under the Contract
by Contractor for convenience. City shall give thirty (30) calendar days advance written notice of
termination for convenience to Contractor. Contractor shall incur no further obligations in
connection with the Contract and Contractor shall stop Work when such termination becomes
effective. Contractor shall also, at City's direction, either terminate or assign to City outstanding
orders and subcontracts. Contractor shall settle the liabilities and claims arising out of any
terminated subcontracts and orders. City may direct Contractor to assign Contractor's right, title and
interest under terminated orders or subcontracts to City or its designee. Contractor shall transfer
title and deliver to City such completed or partially completed Design Documents (if any),
Construction Work and materials, equipment, parts, fixtures, information and Contract rights as
Contractor has.
6.
When terminated for convenience, Contractor shall be compensated as follows:
(a) Contractor shall submit a termination claim to City specifying the amounts believed to be due
because of the termination for convenience together with costs, pricing or other data required by
City. If Contractor fails to file a termination claim within three (3) months from the effective date of
termination, City shall pay Contractor an amount derived in accordance with Subparagraph (c)
below;
(b) City and Contractor may agree to the compensation, if any, due to Contractor under this paragraph;
(c) Absent agreement to the amount due to Contractor, City shall pay Contractor, as full compensation
for termination for convenience, the following amounts:
(i)
the Cost of the Construction Work and Services, as defined and allowed by to the extent
incurred or paid prior to receipt by Contractor of the notice of termination;

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(ii)
such portion of Work which is completed and unpaid as of the date of receipt by
Contractor of the notice of termination; and
(iii)
reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders hereinabove. These costs shall not include amounts paid in
accordance with other provisions of this Contract. In no event shall Contractor be entitled
to recover lost profits or other incidental or consequential damages from City on account
of a termination for convenience, or an erroneous termination for cause as described
below.

7.
If Contractor does not perform the Construction Work, or any part thereof, in a timely manner,
supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely
discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise
commits a violation of a material provision of the Contract, then City may by written notice to
Contractor, without prejudice to any other right or remedy against Contractor or others, terminate
the performance of Contractor and take possession of the Project site and of all materials and
equipment at the site and may finish the Construction Work by whatever methods it may deem
expedient. In such cases, Contractor shall not be entitled to receive any further payment until the
Construction Work is finished.

8.
In the event the employment of Contractor is terminated by City for cause and it is subsequently
determinedly a court or other tribunal of competent jurisdiction that such termination was without
cause, such termination shall thereupon be deemed a Termination for Convenience under this
Paragraph and the provisions of this Paragraph regarding compensation shall apply.

ARTICLE 18
INDEMNITY

1. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold City, its elected
officials, officers, agents and employees, harmless for, from and against any and all claims, lawsuits,
judgments, costs and expenses for personal injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by
Contractor's breach of any of the terms or provisions of this Contract, or by any negligent, grossly negligent or
strictly liable act or omission of Contractor, its officers, agents, or employees, in the performance of this
Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from
the sole negligence or fault of City, its elected officials, officers, agents, employees or separate contractors.
The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.

ARTICLE 19
INSURANCE AND BONDS

1. Concurrently with the execution of the Contract, the Contractor shall furnish the City of Buckeye a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form shall be issued by an insurance
company authorized to transact business in the State of Arizona.

2. Contractor, Subcontractors and Suppliers shall procure and maintain until all of their obligations have been

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discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury
to persons or damage to property, which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

A. The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.

B. The City in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract
by the Contractor, his agents, representatives, employees, subcontractors or subconsultants and
Contractor is free to purchase such additional insurance as may be determined necessary.

C. Minimum Scope and Limits Of Insurance. Contractor shall provide coverage at least as broad and
with limits of liability not less than those stated below.

(i)
Commercial General Liability-Occurrence Form Policy shall include bodily injury, property
damage, broad form contractual liability and XCU coverage.

General Aggregate
$2,000,000

Products-Completed Operations Aggregate

$1,000,000

Personal & Advertising Injury

$1,000,000

Each Occurrence

$1,000,000

The policy shall be endorsed to include the following additional insured language: “The City of Buckeye shall be
named as an additional insured with respect to liability arising out of the activities performed by, or on behalf
of the Contractor.”

(a) Automobile Liability- Bodily injury and property damage for any owned, hired, and non-owned
vehicles used in the performance of this Contract

Combined Single Limit (CSL)
$1,000,000

(b) Workers Compensation and Employers Liability

Workers Compensation
Statutory
Employers’ Liability
Each Accident

$ 100,000
Disease-Each Employee
$ 100,000
Disease-Policy Limit
$ 500,000

The policy shall contain a waiver of subrogation against the City of Buckeye.

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(c) Professional Liability
Each Claim

$1,000,000
Annual Aggregate
$2,000,000
(i)
The required professional liability coverage must cover work done or to be done or on
the behalf of the Contractor.
(ii)
In the event that professional liability insurance required by this Contract is written on a
“claims made” basis, coverage shall be maintained for two years past completion and
acceptance of the Work or services required by this Contract.
(iii)
Should any Job Order include the services of design as an integral part of the work, any
professional liability shall specifically delete any design-build or similar exclusions that
could compromise coverage’s because of the design-build delivery of the Project.
(d) Umbrella/Excess Liability: Umbrella/Excess Liability insurance with a limit of not less than $5,000,000
per occurrence combined limit Bodily Injury and Property Damage, that “follows form” and applies
in excess of the Commercial General Liability, Automobile Liability, and Employer’s Liability, as
required above.
(e) Additional Insurance Requirements. The policies shall include, or be endorsed to include, the
following provisions:
(i)
On insurance policies where the City of Buckeye is named as an additional insured, the City of
Buckeye shall be an additional insured to the full limits of liability purchased by the Contractor
even if those limits of liability are in excess of those required by this Contract.
(ii)
The Contractor's insurance coverage shall be primary insurance and non-contributory with
respect to all other available sources.
(iii)
Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Contract.
(f) Subconsultant’s and Subcontractor’s Insurance. Contractor’s certificate(s) shall include all
subcontractors as additional insureds under its policies or subcontractors shall maintain separate
insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be
less than $1,000,000 per occurrence / $2,000,000 aggregate. All coverage’s for subcontractors and
subconsultants shall be appropriate to cover all of its work performed herein.
(g) Notice Of Cancellation. Each insurance policy required by the insurance provisions of this Contract
shall provide the required coverage and shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written notice has been given, by
certified mail, return receipt requested to:

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance

25
Tammy D. Vogel
Contract Administrator
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326

(h) Acceptability Of Insurers. Insurance is to be placed with insurers duly licensed or approved
unlicensed companies in the State of Arizona and with an A. M. Best’s rating of no less than A -. The
City in no way warrants that the above required minimum insurer rating is sufficient to protect the
Contractor from potential insurer insolvency.

(i) Verification of Coverage:

(i) Contractor shall furnish the City Certificates of Insurance (ACORD form or equivalent approved by
the City) and with original endorsements effecting coverage as required by this Contract. The
certificates and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverages
shall be clearly noted on the certificate of insurance.

(ii)
All certificates and endorsements are to be received and approved by the City before work
commences. Each insurance policy required by this Contract must be in effect at or prior to the
earlier of commencement of work under this Contract or the signing of this Contract and remain in
effect for the duration of the Project. Failure to maintain the insurance policies as required by this
Contract or to provide evidence of renewal is a material breach of contract.

(iii)
All certificates of insurance required by this Contract shall be sent directly to the City of Buckeye,
Contract Administrator. The contract number and project description shall be included on the
Certificates of Insurance. The City reserves the right to require complete, certified copies of all
insurance policies required by this Contract, at any time.

(j) Approval. Any modification or variation from the insurance requirements in this Contract shall be
approved by the City, whose decision shall be final. Such action will not require a formal contract
amendment, but may be made by administrative action.

(k) Bonds and Other Performance Security. Contractor shall provide the following performance bond
and labor and material payment bond:

(i) Prior to execution of this Contract, the Contractor must provide a performance bond and a labor and
materials bond, each in an amount equal to the amount of initial Contract Price designated for
construction services set forth in each Job Order.

(ii) Each such bond shall be executed by a surety company or companies holding a
Certificate of Authority to transact surety business in the State of Arizona, issued
by the City of the Arizona Department of Insurance. A copy of the Certificate of
Authority shall accompany the bonds. The Certificate shall have been issued
or updated within two years prior to the execution of the Contract.

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance

26
(l) The bonds shall be made payable and acceptable to the City of Buckeye.

(m) The bonds shall be written or countersigned by an authorized representative of the surety who is
either a resident of the state of Arizona or whose principal office is maintained in this state, as by
law required, and the bonds shall have attached thereto a certified copy of Power of Attorney of the
signing official. If one Power of Attorney is submitted, it shall be for twice the total Contract amount.
If two Powers of Attorney are submitted, each shall be for the total Contract amount. Personal or
individual bonds are not acceptable.

(n) Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the
bonds or shall permit a copy to be made.

(o) All bonds submitted for this project shall be provided by a company which has been rated "A- or
better" by the A.M. Best Company.

3. Approval, disapproval or failure to act by City regarding any insurance supplied by Contractor or its
Subcontractors shall not relieve Contractor of full responsibility or liability for damages, errors, omissions or
accidents as set forth in this Contract. Neither the bankruptcy or insolvency of Contractor's insurer nor any
denial of liability by Contractor's insurer shall exonerate Contractor from the liability or responsibility of
Contractor set forth in this Contract.

ARTICLE 20
CANCELLATION UNDER A.R.S. § 38-511

1. This Contract may be cancelled pursuant to the terms of Arizona Revised Statutes Section
38- 511, as Amended.

ARTICLE 21
GIFT TO PUBLIC SERVANT

1. City may terminate this Contract immediately if Contractor has offered, conferred, or agreed to confer
any benefit upon a City of Buckeye employee or official that the City of Buckeye employee or official is
prohibited by law from accepting.

2. For purposes of this section, "benefit" means anything reasonably regarded as pecuniary gain or
pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct
or substantial interest, but does not include a contribution or expenditure made and reported in
accordance with law.

3. Notwithstanding any other legal remedies, City may require Contractor to remove any employee of
Contractor from the Project who has violated the restrictions of this section or any similar state or
federal law, and obtain reimbursement for any expenditures made to Contractor as a result of the
improper offer, agreement to confer, or conferring of a benefit to a City employee or official.
4.

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance
27
ARTICLE 22
NONDISCRIMINATION
1. As a condition of this Contract, Contractor covenants that Contractor will take all necessary actions to
insure that, in connection with any work under this Contract, Contractor, his associates and
subcontractors, will not discriminate in the treatment or employment of any individual or groups of
individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job
performance, either directly, indirectly or through contractual or other arrangements. Contractor shall
also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-
12213, as amended. In this regard, Contractor shall keep, retain and safeguard all records relating to this
Contract or work performed hereunder for a minimum period of three (3) years from final Contract
completion, with full access allowed to authorized representatives of City, upon request, for purposes
of evaluating compliance with this and other provisions of the Contract.
2. Subject to existing law, and regulations, illegal or undocumented persons will not be employed by the
Contractor for any work or services to be performed pursuant to this contract. The Contractor will
ensure that this provision is expressly incorporated into any and all subcontracts or subordinate
agreements issued in support of this contract. Contractor shall notify the City upon the selection and
agreement with any sub-contractor, and shall notify the City prior to any subcontractor being on site
doing work. Contractor agrees to comply with the provisions of section 274A(a)(1)(A) and 274A(a)(2) of
the Immigration and Nationality Act (8 U.S.C.1324a(a)(1)(A), 1324a(a)(2)) (the "INA employment
provisions"), and any amendments thereto, prohibiting the unlawful employment of illegal or
undocumented persons. Under the terms of this agreement, the Contractor shall not knowingly hire or
employ for any work performed pursuant to this contract any workers or employees not lawfully
authorized to work in the United States under the provisions of the Immigration and Nationality Act or
any other applicable federal or state laws. Violation of the provisions of this Article 22 shall be deemed
a material breach of this Contract.
ARTICLE 23
MISCELLANEOUS PROVISIONS
1. This Contract shall be governed by the laws and court decisions of the State of Arizona. This Contract is
performed in Maricopa County, Arizona, and exclusive venue for the enforcement of rights or legal
obligations under this Contract shall be in Maricopa County, Arizona.
2. This Contract shall be binding upon and inure to the benefit of the parties to this Contract and their
respective successors and, except as otherwise provided in this Contract, their assigns.
3. Contractor shall not assign this Contract, or any part of this Contract, without prior written consent of
City.
4. All notices, communications, and reports required or permitted under this Contract shall be personally
delivered or mailed to the respective parties by depositing same in the United States mail, postage
prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by
the other party, at the following addresses. Mailed notices shall be deemed communicated as of five
days after mailing.

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance

If intended for City, to: Tammy Vogel

Contract Administrator
City of Buckeye
530 E. Monroe Ave.
Buckeye, Arizona 85326
Phone: 623.349.6175
Tvogel@buckeyeaz.gov

If intended for Contractor, to:
M.R. Tanner Construction

Attn: Alan Evans

1327 W. San Pedro St.

Gilbert, AZ 85233

Phone: 480 633 8500
Email: Aevans@mrtanner.com

5. No information relative to the existence or the details of the Design Services or the Construction Work
shall be released by Contractor, either before or after completion of the Project, for publication,
advertising or any commercial purposes without City's prior written consent.

6. In the event that any portion or any portions of this Contract are held to be unenforceable by a court of
competent jurisdiction, then the remainder of this Contract shall be enforced as though such portions
had not been included, unless to do so would cause this Contract to fail of its essential purposes.

7. This Contract, with all Exhibits and incorporated or referenced attachments, and any Job Order, together
with Contractor's and Surety's performance and payment bonds for the Project, constitute the entire
and exclusive agreement between City and Contractor with reference to the Project. This Contract
supersedes any and all prior documents, discussions, communications, representations, understandings,
negotiations or agreements by and between the parties.

8. If the City Council does not appropriate funds to continue this Contract or any Job Order into a
subsequent fiscal year, and pay for charges hereunder or under any current Job Order for a Project that
extends into a new fiscal year, the City may terminate this Contract at the end of the current fiscal
period, or at the time that funds are no longer available to meet the City’s payment obligations
hereunder. The City agrees to give written notice of termination to the Contractor at least thirty (30)
days prior to any termination for a lack of funds and will pay to the Contractor all approved charges
incurred prior to Contractor’s receipt of such notice, subject to the availability of funds therefore.

9. Cooperative Purchasing- Specific eligible political subdivisions and nonprofit educational Or health
institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed
by the City, 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

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance

29
exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any
liability or obligation associated with any cooperative procurement under this Agreement. The City shall
not be responsible for any disputes arising out of transactions made by others.

10. Register in the City of Buckeye Vendor portal at https://selfservice.buckeyeaz.gov/MSS. The
Vendor registration allows the City to process purchase orders, contracts and invoices
According to the profile and W-9 information submitted by the Contractor.

11. Pursuant to Arizona Revised Statute § 35-393.01, Contractor certifies that it is not currently engaged in,
and agrees for the duration of the Contract to not engage in, a boycott of Israel, or any entity that
does business in Israel or any territories controlled by Israel.

ARTICLE 24
E-VERIFY

1. E-Verify Requirements. To the extent applicable under Arizona Revised Statute § 41-4401, the
Contractor 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 Arizona
Revised Statute § 23-214(A). The Contractor or subcontractor’s breach of the above-mentioned
warranty shall be deemed a material breach of the Contract and may result in the termination of the
Contract by the City of Buckeye. The City of Buckeye retains the legal right to randomly inspect the
papers and records of the Contractor or subcontractor employee who work on the Contract to ensure
that the Contractor and its subcontractors are complying with the above-mentioned warranty.

2. The Contractor and its subcontractors warrant to keep the papers and records open for random
inspection during normal business hours by the City. The Contractor and its subcontractors shall
cooperate with City’s random inspections including granting the City’s entry rights onto its property to
perform the random inspections and waiving their respective rights to keep such papers and records
confidential.

[Signature Page to Follow]

Contract #2019005-03 M.R. TANNER
JOC Contract- Street Maintenance
32
EXHIBIT A
TO
JOB ORDER CONTRACT FOR
STREET MAINTENANCE
BETWEEN
CITY OF BUCKEYE
AND
M.R. TANNER CONSTRUCTION
[CONTRACTOR’S PROPOSAL]
SEE FOLLOWING PAGES

Cover Letter
RFQ #: 2019005
May 16, 2019
City of Buckeye
530 East Monroe Avenue
Buckeye, AZ 85326
Attn: Tammy Vogel
RE:
Request for Qualifications Job Order Contracting Street Maintenance: Category #1 Pave & Mill Projects
Dear Selection Committee:
With M.R. Tanner’s vast experience with street maintenance projects, we are confident in our ability to partner with
the City of Buckeye to achieve the goals identified for this JOC. This JOC project gives us the opportunity to bring
you our pavement preservation expertise, identifying and mitigating risks and exceeding the expectations of the City.
Some of the key areas we would like to highlight that are listed in detail in the proposal include:
Experienced Team Working Together on Similar Projects: Our team has been fortunate enough to have
completed all of their recent projects together and many of the proposed team members have worked together on
projects with M.R. Tanner for over 10 years. The advantage you get with an experienced team on multiple projects is a
fully integrated team that delivers superior personnel, capabilities, experience and the necessary resources to assist
in planning and delivering the pavement preservation projects. (See Page 24)
M.R. Tanner Specializes in Ongoing Pavement Preservation Projects: Self-performing 90% of the work,
our company is proud to have proven success with many municipalities on multiple projects. Some of our greatest
references come from local public agency clients who have experienced M.R. Tanner’s ability to handle a variety of
complex projects while meeting aggressive schedules. (See Pages 4-8)
Availability: Lastly, this entire team is available and ready to begin as the City of Buckeye’s JOC contractor. We
understand this commitment means having key personnel being dedicated to the varying and on-going needs of
the City. We also understand that we will be asked to work efficiently, in time for tight deadlines and end of fiscal
year constraints. Again, as demonstrated on the past projects, we are fully capable to react quickly and complete
the project in time for all of the City’s time constraints. Whether it’s rapid estimate turnarounds, paperwork and
documentation or mobilization to the project, M.R. Tanner is organized to respond immediately.
Thank you again for your consideration. We look forward to meeting with you to further discuss our qualifications.
Please feel free to contact me at (480) 633-8500 with any questions you may have.
Sincerely,
Alan Evans
President
M.R. Tanner Construction
aevans@mrtanner.com
M.R. TANNER CONSTRUCTION 1327 W. SAN PEDRO ST. | GILBERT, AZ 85233 | 480-633-8500 | WWW.MRTANNER.COM

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M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 2
RFQ #: 2019005

Financial Information
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4. Insurance Provider Rating
2. Total Bonding Capacity -
Single Limit and Aggregate
Limit
Single Limit: $15M
Aggregate Limit: $40M
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 3
RFQ #: 2019005
As indicated on the insurance form ACORD provided with the City of Buckeye listed as
additionally insured, our insurance provider is rated with an A rating.

A. Project Experience
#1: CITY OF CHANDLER
2018 ASPHALTIC CONCRETE MILL & INLAY
DESCRIPTION:
This renewable annual contract project for the City of
Chandler consists of multiple job duties including the
milling, soil stabilization, crack fill, paving and striping
of over 750,000 SY of existing roadways over the
last 8 years. Last year on this contract, we applied
over 800,000 LF of crack fill. These roads included
residential, industrial, and arterial paving. As prime
contractor, M.R. Tanner self-performed 80% of the
scope. This contract was ongoing in nature, Chandler
provides multiple quarter section maps and it is upon us
to determine a schedule to complete their work. Many of
these quarter section maps are active at the same time.
M.R. Tanner always ﬁnishes under budget and adheres very closely to
their published schedule. They always go above and beyond what is
expected for the City and residents.
- Josh Wagner, City of Chandler Inspector
“

¬ Asphalt Milling/Paving

¬ Met Compaction and MAG Standards

¬ Manhole/Utility Adjustments

¬ Engineer-approved Mixes and
Specifications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ Street Maintenance & Repair

ķ Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Street Maintenance Project with
greater than $2M Final Cost

ķ Completed within the last 5 years
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$6,750,000
CONSTRUCTION
DATES:
January 2018 - Present
PROJECT OWNER:
City of Chandler
REFERENCE
INFORMATION:
Josh Wagner
(480) 401-6842
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 4
RFQ #: 2019005

¬ Asphalt Milling/Paving

¬ Met Compaction and MAG Standards

¬ Manhole/Utility Adjustments

¬ Engineer-approved Mixes and
Specifications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
#2: DEER VALLEY SCHOOL DISTRICT
PAVEMENT MAINTENANCE
DESCRIPTION:
The Deer Valley School District enlisted our help for
the maintenance on their parking lots and driveways
during the summer months. For every school district, the
summer months are key to achieving their maintenance
goals, as they have less than normal traffic flow during
this time. That being said, there is a lot of work to
happen over a 3 month time period. It was critical to
adhere very closely to the schedule that we published
from the inception of the project. We have worked with
Deer Valley School district for years and have continued
to finish within their time constraints. This work included
crack seal, seal coat, striping, and minor asphalt repairs.
Typically this work will include 25 schools at a time. We
have to coordinate these schedules with each school in
order to complete the project on time.
A. Project Experience
ROLE OF FIRM:
Subcontractor
CONSTRUCTION
COST:
$380,000.00
CONSTRUCTION
DATES:
June 2017-August 2017
PROJECT OWNER:
Deer Valley School District
REFERENCE
INFORMATION:
Jeff Long
(602) 826-5588
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Completed within the last 5 years
M.R. Tanner has completed over $110
million in pavement maintenance
projects within Maricopa County in
the last ﬁve years.
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#3: TOWN OF QUEEN CREEK
MERIDIAN ROAD REPAIR
DESCRIPTION:
Meridian Road north of Ocotillo has always been a
road, but only used for local traffic/businesses. Queen
Creeks Right of Way only went north of Ocotillo for a ¼
of a mile. Historically, north of that was an old farm road.
However, Pinal county improved that section, leaving
the Queen Creek portion in need of improvements. We
took the existing road and utilized the existing grade,
paved, striped and provided pavement maintenance
to the existing road. This was all done in less than two
weeks.
A. Project Experience
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Completed within the last 5 years
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$221,103.00
CONSTRUCTION
DATES:
April 2019-May 2019
PROJECT OWNER:
Town of Queen Creek
REFERENCE:
Jan Martin (480) 747-0583

¬ Asphalt Milling/Paving

¬ Met Compaction and MAG Standards

¬ Manhole/Utility Adjustments

¬ Engineer-approved Mixes and
Specifications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach
SIMILARITIES:
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 6
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¬ Asphalt Milling

¬ Met Compaction and MAG Standards

¬ Manhole/Utility Adjustments

¬ Engineer-approved Mixes and
Specifications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
#4: TOWN OF PARADISE VALLEY
2015 STREET OVERLAY
DESCRIPTION:
This was a mill and overlay contract that included
installing 3 speed cushions and 1 speed hump. This was
a time-sensitive, fast-paced project. M.R. Tanner’s crew
and staff, along with its subcontractors, were able to
complete this project within one month of the start date.
The coordination with local residents on this
project was critical to the success.
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$1,563,551
CONSTRUCTION
DATES:
January 2018 - Present
PROJECT OWNER:
Town of Paradise Valley
REFERENCE:
Jerry Cooper (480) 348-3589
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ Street Maintenance & Repair

ķ Contract with a Public Entity

ķ Completed within the last 5 years
A. Project Experience
Over the last ﬁve years M.R.
Tanner has completed 50+ jobs at a
construction value of $2M or more.
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 7
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#5: CITY OF PHOENIX
RESIDENTIAL OVERLAY
M.R. Tanner self-performed 75% of the scope for this
City of Phoenix contract which included maintenance
of speed humps/cushions, milling, paving, utility
adjustments and loop detectors. This contract was a
renewable contract that Phoenix elected to renew all
years possible (total of 4 contracts).
There are many factors that lead to the success of the
projects at M.R. Tanner, but we feel that our ability to
work with the needs of an owner is unparalleled among
other contractors. Utilizing several years of experience
and working with the owner, traffic control, milling and
paving of the project were a success for the City.
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties
ķ Street Maintenance Project with
greater than $2M Final Cost

ķ Completed within the last 5 years
A. Project Experience
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$22,425,000
CONSTRUCTION
DATES:
August 2017 - Present
PROJECT OWNER:
City of Phoenix
REFERENCE:
Kyle Vance (602) 571-4522

¬ Asphalt Milling/Paving

¬ Met Compaction and MAG Standards

¬ Manhole/Utility Adjustments

¬ Engineer-approved Mixes and
Specifications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
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Project #1: City of Chandler
B. Past Performance Questionnaire
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Project #1: City of Chandler
B. Past Performance Questionnaire
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Project #1: City of Chandler
B. Past Performance Questionnaire
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B. Past Performance Questionnaire
Project #2: Deer Valley School District
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B. Past Performance Questionnaire
Project #2: Deer Valley School District
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B. Past Performance Questionnaire
Project #2: Deer Valley School District
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Project #3: Town of Queen Creek
B. Past Performance Questionnaire
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Project #3: Town of Queen Creek
B. Past Performance Questionnaire
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Project #3: Town of Queen Creek
B. Past Performance Questionnaire
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B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
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B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
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B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
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B. Past Performance Questionnaire
Project #5: City of Phoenix
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B. Past Performance Questionnaire
Project #5: City of Phoenix
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B. Past Performance Questionnaire
Project #5: City of Phoenix
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C. Experience of Key Personnel
A. NAME AND TITLE:
ALAN EVANS, PRESIDENT
Alan’s extensive knowledge of pavement
preservation projects, combined with his
project management experience, make
him a coveted M.R. Tanner team member. His work
experience and education include planning, budgeting,
and managing the growth of small and large multi-
faceted companies with an emphasis on quality work
and customer satisfaction.
The key personnel selected to lead this JOC bring experience with not only the process but successful relationships
with the City of Buckeye. Alan will serve as the principal contact for this contract. Eric will be the main point of
contact for the City. He will be handling the day to day operations and coordinating all field activities. Josh will also
be handling the estimates and schedules. Ron Anglin will oversee all of the daily activities. Richard will handle the
Quality Control of the finished product.
JOC Account Manager
B. PROJECT
ASSIGNMENT:
JOC Account Manager
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
12 / (17 Years in the Industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• Brigham Young University
2004, Construction
Management
A. NAME AND TITLE:
ERIC MARSH
Eric’s background is in the traffic control
business and pavement maintenance
which adds great value to the M.R.
Tanner team. His experience allows him to safely
complete projects with public safety and public transit in
the forefront of his mind. Eric’s work ethic makes him a
valuable asset for M.R. Tanner and will serve as an asset
to the City of Buckeye.
Project Manager
B. PROJECT
ASSIGNMENT:
Project Manager
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
11 / (26 Years in the Industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• TCS Supervisor Training
• Flagger Certified Trainer
• MUTCD Training
• CPR Certified
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C. Experience of Key Personnel
A. NAME AND TITLE:
JOSH SKINNER
Josh has the ability to communicate to
his team at M.R. Tanner Construction
the expectations of the City of
Buckeye. With excellent project management skills
on pavement preservation projects and education in
project scheduling, estimating, budgeting and field
management, Josh brings the necessary leadership to
each project.
JOC Estimator
B. PROJECT
ASSIGNMENT:
JOC Estimator
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
12 / (16 years in the industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• Brigham Young University
2008, Construction
Management
• 30 Hour OSHA Card
• Cross Connection Backflow
Certified
• Maricopa County Dust
Control Training
• CPR Training
A. NAME AND TITLE:
RON ANGLIN
Ron’s ability to motivate and organize
construction crews to work in a timely
and effective manner will be a great
benefit to the City of Buckeye. His extensive experience
includes project management for both municipal and
private projects. Ron has over 40 years of experience in
construction. His experience coupled with his ability to
communicate the requests of the City to everyone on
the job will allow for a project that will stay on schedule
and under budget.
Project Superintendent
B. PROJECT
ASSIGNMENT:
Project Superintendent
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
3 / (40 years in the industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• 30 Hour OSHA Card
• OSHA Confined Spaces
Training
• CPR Certified
• MSHA Training
• Maricopa County Dust
Control Certified
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C. Experience of Key Personnel
A. NAME AND TITLE:
RICHARD
SCHADEMANN
Richard’s extensive
knowledge combined with his
project management experience make him a
coveted M.R. Tanner team member. His work
experience and education include project
planning, scheduling and coordinating
subcontractors make him a valuable asset
to any agency. Richard’s long-standing
and trusted relationship with the City of
Buckeye allows him to understand the
expectations and goals from the City’s
perspective to make each project a
success.
Quality Control Manager
B. PROJECT ASSIGNMENT:
Quality Control Manager
C. ASSOCIATED FIRM:
M.R. Tanner
D. YEARS’ EXPERIENCE
WITH FIRM:
20 / (32 years in industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek, Meridian
Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• 30 Hour OSHA Card
• CPR Certified
• Maricopa County Dust Control
Certified
Firm Organization
M.R. Tanner Construction is a privately held,
local general contractor and construction
manager, specializing in civil infrastructure.
Since the company’s inception in January
of 1993, M.R. Tanner’s success is attributed
to the strong relationships developed with
each client, subcontractor and supplier on
every project. With the ability to self-perform
90% of the work, M.R. Tanner has completed
pavement preservation and other pavement-
related projects in all of the surrounding
major municipalities. Our extraordinary
project management team staff specializes in
estimating, scheduling, subcontracting and
field management.
SUBCONTRACTORS/SUPPLIERS
GREG MARSH
Owner
JOC ACCOUNT
MANAGER
JOC ESTIMATOR
PROJECT
MANAGER
ADMINISTRATIVE
JOSH SKINNER
ERIC MARSH
ROXANNE BAKER
Office Manager
LINDA SHULTZ
Accounts Payable
LORRAINE KING
Contracts
ESTIMATORS
Key Personnel
Organization Chart
ALAN EVANS
PROJECT
SUPERINTENDENT
RON ANGLIN
QUALITY CONTROL
MANAGER
RICHARD
SCHADEMANN
M.R.Tanner is a current JOC
contractor for the City of Buckeye
for both Road Construction and
Street Maintenance contracts.
■Traffic Control
Management
■Asphalt Milling
■Asphalt Supplier
■Utility Adjustments
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M.R. Tanner Job Order
Contracting Process
STEP
1
–
Notice of Work
–
Site Visit
–
Detailed Scope
Development
–
Scope Approval
PROJECT SCOPE
STEP
2
–
Job Order Request
–
Negotiations
–
Preliminary Schedules
Developed
–
Final Job Order Approved
–
Job Order Issued by Client
PROPOSAL PRESENTED
STEP
3
–
Final Project Schedule
–
Safety & Quality Control
Meetings
–
Selection of
Subcontractors/Suppliers
–
Ongoing Communications
with Client
–
Project Closeout/Turnover
PROJECT EXECUTION
D. Method of Approach
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D. Method of Approach
GENERAL PROJECT APPROACH
1. Describe your ﬁrm’s overall commitment
to responding to the City’s request for
services?
M.R. Tanner Construction is committed to responding
quickly and appropriately to any needs for the City
of Buckeye. This includes planning, design input,
budgeting, scheduling as well as the actual construction
of any street maintenance needs. M.R. Tanner is
fortunate enough to have multiple crews. This enables
us to act quickly on these types of projects.
We feel that our work history and renewable contracts
demonstrate that we bring the best to your projects
every day. We also pride ourselves in getting the job
done right the first time. This efficient production and
high-quality product has been the reason why other
municipalities and agencies decide to choose us year
after year. M. R. Tanner Construction has held more
than 50 contracts that were renewable in nature. All of
these contracts have been renewed to the maximum
allowable time.
2. Describe how your ﬁrm handles cost con-
trol (daily, monthly and completion tracking/
reporting); scheduling (initial and progress
schedules); how are cost overruns identiﬁed
and how are they mitigated?
COST CONTROL
If not monitored, costs can easily overrun. M.R. Tanner
Construction implements daily, monthly and completion
reporting to help avoid overruns. We have found that
the best way to mitigate cost overruns is to attach the
problem from pre-construction stages. Once we have
a grasp on what the municipality would like to do,
we go and take accurate measurements. These field
measurements will define a cost estimate. This will
help minimize the chances of overrunning a certain line
item. For example, often times agencies will provide us
measurements. If we are told there are 20,000 SY, when
there are actually 22,000 SY, these field measurements
will let us know beforehand that there is a discrepancy.
This will prevent overruns.
Once the job is awarded and contracts are written,
we track quantities on a daily basis. We will track
these quantities and review them with your City’s field
contact.
Reviewing the field quantities on a daily basis will
remove the unknowns. These daily costs will then be
totaled on a weekly basis and compared against the bid
quantities.
On a monthly basis, pay applications will be generated
and used to compare against the bid quantity totals.
Through we never anticipate overruns, this would show
the beginnings or overrunning a line item.
Once a job is completed, pay applications, monthly and
daily quantities are compiled. Once combined, they will
be review and analyzed. These compiled reports will
help make sure that we are as accurate as possible.
As stated above, we try everything in our power
to minimize overruns. This is done through careful
planning through the pre-construction stages of the job.
More often than not, the only reason for overruns is due
to unforeseen conditions, or added requests from the
agency. The overruns will be mitigated by bringing our
costs to the City and negotiating a fair price for the City
and M.R. Tanner.
SCHEDULING
Scheduling is an imperative component of every job.
Initial progress schedules will be discussed with the
City. We will discuss any future events that are being
held in the area (parades, holidays, the beginning of
school, etc.) These dates will be avoided and we will find
a date that will work for the City.
Once the project is started, schedules are tracked
on a daily basis. Revisions to the schedule are
made depending on production. Weekly updated
schedules are sent to all parties (City, Contractor,
Subcontractors). This helps to remove any confusion
or miscommunication between all parties as everyone
knows what to expect.
3. Describe your ﬁrm’s conﬂict
communication plan; what is your proposed
escalation ladder?
As stated above, we feel that we do everything
within our power to avoid all conflicts by constant
communication and adherence to specifications and
schedule. Our track record will show that conflicts are
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D. Method of Approach
always minimized. However, if any conflicts arise, they
are met with open communication. We feel that most
conflicts only arise because of miscommunication. If
there is a conflict both parties will meet and discuss
the issue.
If the issue cannot be solved in the field, it would
be necessary to escalate the process to the next in
command. We cannot speak for the City, but our chain
of command would be as follows:
Field Superintendent hProject Manager h
Account ManagerhPresident
We feel conflicts can be minimized with partnering and
open lines of communication.
4. Describe your ﬁrm’s project closeout and
ﬁnal documentation process.
In order to help facilitate project closeout and final
documentation, we maintain project folders onsite at
all times. The folders will include everything from dust
control records, plant reports, mix designs, asphalt
tickets, etc.
Once a job is complete, we will compile a folder for the
City which would include all of the things noted above.
We will also submit via out office (Lorraine King) all
bonding information and contract closeout documents
in a timely manner.
Job Order Management
M.R. Tanner Construction understands the importance
of returning all necessary paperwork, including cost
estimates and schedules in a timely manner. Though
every project is unique in what is required, we are
confident in our ability to return these needed items
quickly and accurately.
1. Upon receipt of a job order request for
proposal from the City, how many days does
your ﬁrm require to process and complete
all necessary paperwork and return a
proposal to the City?
Each project is unique and depending on the scope of
work we will require different pricing. As such, jobs that
have a small scope of work would only require a couple
of days to accurately return pricing; however, jobs with a
larger scope of work would require a few days to return
pricing. Therefore, we would require 2-5 days to return
accurate pricing/schedules for requests from the City.
2. Upon acceptance of a proposal and
issuance of a NTP, how many days does your
ﬁrm typically require to mobilize forces and
start construction?
M.R. Tanner Construction has multiple crews which can
be used to respond quickly to any requests from the
City. If material is readily available, we can mobilize on
one week’s notice.
Beneﬁt
M.R. Tanner has the availability, flexibility, and quick
response required for successful JOC projects, and
has a proven track record with municipalities across
the Phoenix Metro.
3. Describe your ﬁrm’s change request
procedure and how change orders are
communicated with the City?
If we start the work and there is a change in scope
which would warrant a change request, we would get
a full grasp of what needed to be done. Once we were
confident that we understood the full desire of the
City, our field superintendent would communicate the
changes with our estimating department. They would, in
turn, re-evaluate areas that had changed in the estimate.
If there were cost savings, we would pass the savings
on to the city, if there were cost increases, we would get
the best available pricing and discuss the costs with the
City’s representatives.
Value Analysis/Value Engineering/
Risk Mitigation
1. What capabilities does your ﬁrm have to
provide additional Value Analysis/Value
Engineering to Job Orders of limited
design prior to construction? What is your
willingness to provide these services as part
of your job order quotation?
With the years of experience between the project team,
M.R. Tanner has the capabilities to make suggestions
to the City that could decrease the cost of construction
and increase the sustainability of the road.
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D. Method of Approach
For example, on the Sun City West Mill and
Resurface Phase 2 project, the roads on the
project were consistently flat which caused problems
with drainage. The job required us to remove the full
depth of existing asphalt. Instead of removing all the
material from the site, we milled out the edges and
pulverized the center. We then used the onsite-
generated, pulverized material to increase the crown
and improve drainage.
Making this one suggestion saved the County the cost
of bringing in more material from offsite sources to
increase the crown and improve drainage. The finished
product improved and increased the life of the roadway.
With our experience in street maintenance, we are
confident in our ability to make valued engineering
recommendations which can decrease the cost of
construction and increase the life of the road. We are
also extremely willing to provide these services as part
of your job order quotation.
2. What capabilities do you have to identify
and communicate various opportunities
for risk mitigation with the City at the
time of Job Order development? What risk
Avoidance strategies have you commonly
employed and shared with Owners to
Reduce threats to the project’s success?
Between the seven key personnel, we bring over years
of experience to the JOC. Working in construction, we
all realize that there are risks involved. However, with
our experience, we feel that we are able to identify and
communicate various opportunities for risk mitigation
with the City.
As an example, on an ARRA project for the City
of Phoenix, we were milling 7th Street. Though
the project was left extremely clean, the small dust fines
in the milled surface would begin to break off and cause
a dust problem. This causes issues with both air-borne
contaminants and dust violations. In an effort to try and
come up with a solution we tried spraying SS1-H right
after milling but days before paving. Once the SS1-H set
up we would allow traffic to use the lane again. This
small procedural change eliminated the risk of dust fines
and air-born contaminants. We have since utilized this
practice on all full-width milling jobs in high traffic areas.
Subcontractor Selection Plan
M.R. Tanner will select subcontractors based on
a combination of experience, qualifications and
price while meeting the 3% SBE utilization goal. We
will submit our list of proposed subcontractors for
prequalification to the MCDOT for approval. For the
selection of major subcontractors, M.R. Tanner will
pre-qualify a minimum of three subcontractors for each
major package or work category.
Before interested subcontractors can submit bids
on these packages, they must be pre-qualified by
furnishing the following information and meeting the
stated criteria:

¬
Possession of an appropriate contractor’s license.

¬
Ability to meet insurance requirements.

¬
If required, provide a statement from their surety
company verifying bonding capacity and bonding
rate.

¬
Identify and describe projects of similar scope,
size and schedule completed by the subcontractor
which demonstrates their capacity to perform
(include owner, project name, dates performed,
name and telephone number).

¬
Furnish project management team resumes if no
previous experience with M.R. Tanner (project
manager and project superintendent at a minimum).

¬
Identify a contract or subcontract held by firm or
officer of the firm, which has been terminated within
the last five years.
Another example, many street maintenance
projects require the use of large trucks. We were
paving an area in Phoenix where overhead power lines
caused concern because they were so low and would be
knocked down if the truck had its bed raised. In order to
mitigate the risk, we went out prior to construction with
the trucking company and expressed our concern. They
had a truck base onsite at all times standing by each
potential power line risk to ensure that the trick had its
bed down prior to crossing the power line.
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 30
RFQ #: 2019005

D. Method of Approach

¬
Identify any claim arising from a contract which
resulted in litigation or arbitration within the last five
years. Briefly describe the circumstances and the
outcomes.

¬
State their ability to provide manpower and
resources to meet the project schedule and
milestones.

¬
Maintenance of a formal safety program.

¬
State their current E-Mod rate.
Subcontractors submitting satisfactory responses to
the above will be pre-qualified, and then requested to
submit a competitive bid. M.R. Tanner will distribute
drawings and specifications, and when appropriate,
conduct pre-bid conferences with the pre-qualified
subcontractors.
PREQUALIFICATION
PROCESS
EVALUATE SUBCONTRACTOR’S
CAPACITY
BID INVITATIONS TO
PRE-QUALIFIED SUBCONTRACTORS
DEVELOP RECOMMENDATION
FOR AWARD
j
j
j
SAFETY
Identify your Firm’s Safety Manager. List all
major Certiﬁcations and Training obtained
by the Safety Manager. Describe Safety
Training protocol provided to Field Staff at
a Project site. Provide your Firms most
current Experience Modiﬁcation Rate (EMR).
M.R. Tanner Construction is committed to construction
safety. Weekly on-site meetings and regular safety
meetings with the construction crews and staff have
allowed the company to maintain an excellent record of
safety. The safety plan for the JOC will address:

¬
Project safety personnel

¬
Project training

¬
Accident prevention plan

¬
Emergency action plan

¬
Hazardous materials

¬
Communication plan
In a contract involving multiple scopes, projects and
locations, the safety plan will be updated continually to
assure safety for all parties involved.
Josh Skinner will be the Safety Officer for this JOC. Josh
has his 30 hour safety card, First Aid training, Certified
Backflow Specialist, and updates his safety training in
various capacities on a quarterly basis.
M.R. Tanner Construction’s current Experience
Modification Rate is 0.76.
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 31
RFQ #: 2019005

Cover Letter
RFQ #: 2019005
May 16, 2019
City of Buckeye
530 East Monroe Avenue
Buckeye, AZ 85326
Attn: Tammy Vogel
RE:
Request for Qualifications Job Order Contracting Street Maintenance: Category #2 Sealing Applications
Projects
Dear Selection Committee:
With M.R. Tanner’s vast experience with street maintenance projects, we are confident in our ability to partner with
the City of Buckeye to achieve the goals identified for this JOC. This JOC project gives us the opportunity to bring
you our pavement preservation expertise, identifying and mitigating risks and exceeding the expectations of the City.
Some of the key areas we would like to highlight that are listed in detail in the proposal include:
Experienced Team Working Together on Similar Projects: Our team has been fortunate enough to have
completed all of their recent projects together and many of the proposed team members have worked together on
projects with M.R. Tanner for over 10 years. The advantage you get with an experienced team on multiple projects is a
fully integrated team that delivers superior personnel, capabilities, experience and the necessary resources to assist
in planning and delivering the pavement preservation projects. (See Page 24)
M.R. Tanner Specializes in Ongoing Pavement Preservation Projects: Self-performing 90% of the work,
our company is proud to have proven success with many municipalities on multiple projects. Some of our greatest
references come from local public agency clients who have experienced M.R. Tanner’s ability to handle a variety of
complex projects while meeting aggressive schedules. (See Pages 4-8)
Availability: Lastly, this entire team is available and ready to begin as the City of Buckeye’s JOC contractor. We
understand this commitment means having key personnel being dedicated to the varying and on-going needs of
the City. We also understand that we will be asked to work efficiently, in time for tight deadlines and end of fiscal
year constraints. Again, as demonstrated on the past projects, we are fully capable to react quickly and complete
the project in time for all of the City’s time constraints. Whether it’s rapid estimate turnarounds, paperwork and
documentation or mobilization to the project, M.R. Tanner is organized to respond immediately.
Thank you again for your consideration. We look forward to meeting with you to further discuss our qualifications.
Please feel free to contact me at (480) 633-8500 with any questions you may have.
Sincerely,
Alan Evans
President
M.R. Tanner Construction
aevans@mrtanner.com
M.R. TANNER CONSTRUCTION 1327 W. SAN PEDRO ST. | GILBERT, AZ 85233 | 480-633-8500 | WWW.MRTANNER.COM

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3. Current Backlog/Project List

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4. Insurance Provider Rating
2. Total Bonding Capacity -
Single Limit and Aggregate
Limit
Single Limit: $15M
Aggregate Limit: $40M
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 3
RFQ #: 2019005
As indicated on the insurance form ACORD provided with the City of Buckeye listed as
additionally insured, our insurance provider is rated with an A rating.

A. Project Experience
M.R. Tanner always ﬁnishes under budget and adheres very closely to
their published schedule. They always go above and beyond what is
expected for the City and residents.
- Josh Wagner, City of Chandler Inspector
“
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ Street Maintenance & Repair

ķ Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Street Maintenance Project with
greater than $2M Final Cost

ķ Completed within the last 5 years

¬ Crackseal CSS1H

¬ Equipment required for Sealing Applications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
#1: CITY OF CHANDLER
2018 ASPHALTIC CONCRETE MILL & INLAY
DESCRIPTION:
This renewable annual contract project for the City of
Chandler consists of multiple job duties including the
milling, soil stabilization, crack fill, paving and striping
of over 750,000 SY of existing roadways over the
last 8 years. Last year on this contract, we applied
over 800,000 LF of crack fill. These roads included
residential, industrial, and arterial paving. As prime
contractor, M.R. Tanner self-performed 80% of the
scope. This contract was ongoing in nature, Chandler
provides multiple quarter section maps and it is upon us
to determine a schedule to complete their work. Many of
these quarter section maps are active at the same time.
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$6,750,000
CONSTRUCTION
DATES:
January 2018 - Present
PROJECT OWNER:
City of Chandler
REFERENCE
INFORMATION:
Josh Wagner
(480) 401-6842
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 4
RFQ #: 2019005

¬ Asphalt Emulsion Seal coat - Master seal;
PMM; Slurry Seal Type II

¬ Equipment required for Sealing Applications
Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

A. Project Experience
#3: TOWN OF QUEEN CREEK
MERIDIAN ROAD REPAIR
DESCRIPTION:
Meridian Road north of Ocotillo has always been a
road, but only used for local traffic/businesses. Queen
Creeks Right of Way only went north of Ocotillo for a ¼
of a mile. Historically, north of that was an old farm road.
However, Pinal county improved that section, leaving
the Queen Creek portion in need of improvements. We
took the existing road and utilized the existing grade,
paved, striped and provided pavement maintenance
MEETS PROJECT EXPERIENCE REQUIREMENTS:

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Completed within the last 5 years
to the existing road. This was all done in less than two
weeks.
ROLE OF FIRM:
Prime Contractor
CONSTRUCTION
COST:
$221,103.00
CONSTRUCTION
DATES:
April 2019-May 2019
PROJECT OWNER:
Town of Queen Creek
REFERENCE:
Jan Martin (480) 747-0583

¬ PPM

¬ Striping

¬ Crackseal

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 6
RFQ #: 2019005

¬ Asphalt Emulsion Seal coat - Master seal;
PMM; Slurry Seal Type II

¬ Equipment required for Sealing Applications

¬ Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Protection of Landscape and Adjacent
Properties

¬ Community Outreach

ķ Street Maintenance & Repair

ķ Contract with a Public Entity

ķ JOC for Street Maintenance & Repair

ķ JOC Contract with a Public Entity

ķ Multiple Disciplines and Job Duties

ķ Street Maintenance Project with
greater than $2M Final Cost

¬ Asphalt Emulsion Seal coat - Master seal;
PMM; Slurry Seal Type II

¬ Equipment required for Sealing Applications
Preparation of Surfaces and Cleaning

¬ Material QC and Testing

¬ Traffic Control

¬ Community Outreach

¬ Multiple Sites Simultaneously
SIMILARITIES:
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 8
RFQ #: 2019005

B. Past Performance Questionnaire
Project #1: City of Chandler
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 9
RFQ #: 2019005

B. Past Performance Questionnaire
Project #1: City of Chandler
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 10
RFQ #: 2019005

B. Past Performance Questionnaire
Project #1: City of Chandler
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 11
RFQ #: 2019005

B. Past Performance Questionnaire
Project #2: Deer Valley School District
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 12
RFQ #: 2019005

Project #3: Town of Queen Creek
B. Past Performance Questionnaire
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 15
RFQ #: 2019005

Project #3: Town of Queen Creek
B. Past Performance Questionnaire
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 16
RFQ #: 2019005

Project #3: Town of Queen Creek
B. Past Performance Questionnaire
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #1 PAVE & MILL PROJECTS | 17
RFQ #: 2019005

B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 18
RFQ #: 2019005

B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 19
RFQ #: 2019005

B. Past Performance Questionnaire
Project #4: Town of Paradise Valley
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 20
RFQ #: 2019005

B. Past Performance Questionnaire
Project #5: City of Phoenix
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 21
RFQ #: 2019005

B. Past Performance Questionnaire
Project #5: City of Phoenix
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 22
RFQ #: 2019005

B. Past Performance Questionnaire
Project #5: City of Phoenix
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 23
RFQ #: 2019005

C. Experience of Key Personnel
A. NAME AND TITLE:
ALAN EVANS, PRESIDENT
Alan’s extensive knowledge of pavement
preservation projects, combined with his
project management experience, make
him a coveted M.R. Tanner team member. His work
experience and education include planning, budgeting,
and managing the growth of small and large multi-
faceted companies with an emphasis on quality work
and customer satisfaction.
The key personnel selected to lead this JOC bring experience with not only the process but successful relationships
with the City of Buckeye. Alan will serve as the principal contact for this contract. Eric will be the main point of
contact for the City. He will be handling the day to day operations and coordinating all field activities. Josh will also
be handling the estimates and schedules. Ron Anglin will oversee all of the daily activities. Richard will handle the
Quality Control of the finished product.
JOC Account Manager
A. NAME AND TITLE:
ERIC MARSH
Eric’s background is in the traffic control
business and pavement maintenance
which adds great value to the M.R.
Tanner team. His experience allows him to safely
complete projects with public safety and public transit in
the forefront of his mind. Eric’s work ethic makes him a
valuable asset for M.R. Tanner and will serve as an asset
to the City of Buckeye.
Project Manager
B. PROJECT
ASSIGNMENT:
JOC Account Manager
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
12 / (17 Years in the Industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• Brigham Young University
2004, Construction
Management
B. PROJECT
ASSIGNMENT:
Project Manager
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
11 / (26 Years in the Industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• TCS Supervisor Training
• Flagger Certified Trainer
• MUTCD Training
• CPR Certified
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 24
RFQ #: 2019005

C. Experience of Key Personnel
A. NAME AND TITLE:
JOSH SKINNER
Josh has the ability to communicate to
his team at M.R. Tanner Construction
the expectations of the City of
Buckeye. With excellent project management skills
on pavement preservation projects and education in
project scheduling, estimating, budgeting and field
management, Josh brings the necessary leadership to
each project.
JOC Estimator
A. NAME AND TITLE:
RON ANGLIN
Ron’s ability to motivate and organize
construction crews to work in a timely
and effective manner will be a great
benefit to the City of Buckeye. His extensive experience
includes project management for both municipal and
private projects. Ron has over 40 years of experience in
construction. His experience coupled with his ability to
communicate the requests of the City to everyone on
the job will allow for a project that will stay on schedule
and under budget.
Project Superintendent
B. PROJECT
ASSIGNMENT:
JOC Estimator
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
12 / (16 years in the industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• Brigham Young University
2008, Construction
Management
• 30 Hour OSHA Card
• Cross Connection Backflow
Certified
• Maricopa County Dust
Control Training
• CPR Training
B. PROJECT
ASSIGNMENT:
Project Superintendent
C. ASSOCIATED
FIRM:
M.R. Tanner
D. YEARS’
EXPERIENCE WITH
FIRM:
3 / (40 years in the industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER
EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek,
Meridian Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• 30 Hour OSHA Card
• OSHA Confined Spaces
Training
• CPR Certified
• MSHA Training
• Maricopa County Dust
Control Certified
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 25
RFQ #: 2019005

C. Experience of Key Personnel
Quality Control Manager
Firm Organization
M.R. Tanner Construction is a privately held,
local general contractor and construction
manager, specializing in civil infrastructure.
Since the company’s inception in January
of 1993, M.R. Tanner’s success is attributed
to the strong relationships developed with
each client, subcontractor and supplier on
every project. With the ability to self-perform
90% of the work, M.R. Tanner has completed
pavement preservation and other pavement-
related projects in all of the surrounding
major municipalities. Our extraordinary
project management team staff specializes in
estimating, scheduling, subcontracting and
field management.
SUBCONTRACTORS/SUPPLIERS
GREG MARSH
Owner
JOC ACCOUNT
MANAGER
JOC ESTIMATOR
PROJECT
MANAGER
ADMINISTRATIVE
JOSH SKINNER
ERIC MARSH
ROXANNE BAKER
Office Manager
LINDA SHULTZ
Accounts Payable
LORRAINE KING
Contracts
ESTIMATORS
■Traffic Control
Management
■Asphalt Milling
Key Personnel
Organization Chart
ALAN EVANS
PROJECT
SUPERINTENDENT
RON ANGLIN
QUALITY CONTROL
MANAGER
RICHARD
SCHADEMANN
■Asphalt Supplier
■Utility Adjustments
M.R.Tanner is a current JOC
contractor for the City of Buckeye
for both Road Construction and
Street Maintenance contracts.
B. PROJECT ASSIGNMENT:
Quality Control Manager
C. ASSOCIATED FIRM:
M.R. Tanner
D. YEARS’ EXPERIENCE
WITH FIRM:
20 / (32 years in industry)
E. PROFESSIONAL
REGISTRATION:
N/A
F. OTHER EXPERIENCE:
• City of Chandler, Asphaltic
Concrete Mill & Inlay
• Deer Valley School District
Pavement Maintenance,
• Town of Queen Creek, Meridian
Road Repair
• Town of Paradise Valley, 2015
Street Overlay
• City of Phoenix, Residential
Overlay
G. EDUCATION:
• 30 Hour OSHA Card
• CPR Certified
• Maricopa County Dust Control
Certified
A. NAME AND TITLE:
RICHARD
SCHADEMANN
Richard’s extensive
knowledge combined with his
project management experience make him a
coveted M.R. Tanner team member. His work
experience and education include project
planning, scheduling and coordinating
subcontractors make him a valuable asset
to any agency. Richard’s long-standing
and trusted relationship with the City of
Buckeye allows him to understand the
expectations and goals from the City’s
perspective to make each project a
success.
M. R. TANNER CONSTRUCTION | CITY OF BUCKEYE | JOC STREET MAINTENANCE, CATEGORY #2 SEALING APPLICATION PROJ. | 26
RFQ #: 2019005

¬
Possession of an appropriate contractor’s license.

¬
Ability to meet insurance requirements.

¬
If required, provide a statement from their surety
company verifying bonding capacity and bonding
rate.

¬
Furnish project management team resumes if no
previous experience with M.R. Tanner (project
manager and project superintendent at a minimum).

D. Method of Approach

¬
Identify any claim arising from a contract which
resulted in litigation or arbitration within the last five
years. Briefly describe the circumstances and the
outcomes.

¬
State their ability to provide manpower and
resources to meet the project schedule and
milestones.

¬
Maintenance of a formal safety program.

¬
Project safety personnel

¬
Project training

¬
Accident prevention plan

¬
Emergency action plan

¬
Hazardous materials