4C CO 5 to JOC 2025081 with MR Tanner.pdf

City of Buckeye — Regular Council Meeting (2025-05-06)

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JOB ORDER CONTRACT DELIVERY ORDER  
BETWEEN  
THE CITY OF BUCKEYE  
AND  
M.R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC 
 
JOB ORDER CONTRACT NO. 2025081  
DELIVERY ORDER #5 
 SUN CITY FESTIVAL PAVER RECONSTRUCTION 
 
THIS DELIVERY ORDER #5 
is entered into as of __________________, 
between the CITY OF BUCKEYE
City , and M.R. Tanner 
Development and Construction, LLC, an Arizona limited liability company 
  This 
Delivery Order is subject to and governed by the terms and conditions of Job Order Contract No. 
2025081 between the City and Contractor, dated September 3, 2024 
.  
 
ARTICLE 1 
SCOPE OF WORK 
 
The Contractor shall furnish all labor, materials, and equipment, as more fully set forth in the 
Proposal, which is attached hereto as Exhibit A, and incorporated as if fully set forth herein (the 
, to complete the Sun City Festival Paver Reconstruction project.  
 
ARTICLE 2 
SCHEDULE OF COMPLETION OF WORK 
 
The Contractor shall commence work June 1, 2025, immediately and shall complete the Work on 
or before July 31, 2025.  In view of the difficulty or impossibility of determining the City's damages 
from delay, should the Contractor fail to achieve Substantial Completion with the above number 
of calendar days, as may be extended by any City-approved Change Orders, the Contractor agrees 
to pay and will pay to the City, in addition to all other sums owed pursuant to the Contract, the 
sum of Five Hundred Seventy Dollars and Zero Cents ($570.00) for each calendar day of delay as 
liquidated damages for such delay and not as a penalty.  This sum may be withheld from the 
balance of the contract price as it becomes due.  Should liquidated damages exceed the contract 
price due or to become due, then the Contractor shall pay the City the difference within three (3) 
days of receipt of written demand. 
 
ARTICLE 3 
COST OF CONSTRUCTION 
 
The total cost to complete the Work under this Delivery Order shall not exceed Nine Hundred 
Fifty-Three Thousand Nine Hundred Sixty-Three Dollars and Eighty-Nine Cents ($953,963.89). 
 
 
Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
1

ARTICLE 4 
INSURANCE & BONDS 
 
In accordance with Article 19 of the Contract, the Contractor agrees to issue the required 
insurance ACORD form(s). Payment and Performance Bonds are required for this project, and will 
be provided by the Contractor prior to the start of the Work. 
 
ARTICLE 5 
ADDITIONAL TERMS 
 
This Delivery Order is subject to the terms and conditions of the Contract and may be canceled 
pursuant to the provisions of A.R.S. § 38-511.  
 
By executing this Delivery Order, the Contractor certifies its compliance with A.R.S. § 35-393.01. 
 
To the extent applicable under A.R.S. § 35-394, the Contractor certifies that it does not, and will 
not for the duration of the Contract, use the forced labor, any goods or services produced by the 
forced labor, or any contractors, subcontractors, or suppliers that use the forced labor or any 
China. 
 
In the event of any conflict or discrepancy between the terms of this Delivery Order, the Contract, 
and Exhibit A to this Delivery Order, the documents shall govern in that order.   
 
ARTICLE 6 
EXHIBITS 
 
This Delivery Order includes and incorporates the following Exhibits: 
 
Exhibit A  Proposal 
 
[SIGNATURE PAGE TO FOLLOW] 
 
 
 
 
 
 
 
 
 
 
 
 
Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
2

IN WITNESS WHEREOF, the parties hereto have executed this Delivery Order as of the date first 
set forth above. 
 
CITY:  
 
 
 
 
 
CONTRACTOR: 
 
THE CITY OF BUCKEYE,                                                    M.R. TANNER DEVELOPMENT AND 
an Arizona municipal corporation 
 
 
CONSTRUCTION, LLC, an Arizona limited 
 
 
 
 
 
 
 
liability company 
 
 
     
 
 
 
 
 
 
______________________________ 
 
 
 
 
 
 
 
 
David B. Roderique, Interim City Manager 
 
Chad Montoya, Vice President 
 
 
 
 
 
 
 
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
 
 
 
 
Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
3

EXHIBIT A 
TO 
DELIVERY ORDER #5 
 
PROPOSAL 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
4

Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
5

$152.00
$24.80
$13.90
$1,200.00
$15,000.00
$15,000.00
$248,490.30
$443,349.60
$8,400.00
$152,000.00
0%
$867,239.90
$867,239.90
$0.00
$86,723.99
$953,963.89
Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
6

Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
7

Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
8

Sun City Festival Paver Reconstruction 
Contract No. 2025081, Delivery Order #5 
M.R. Tanner Development and Construction, LLC
9