City of Buckeye Contract 2025081

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
JOB ORDER CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC
CONTRACT NO. 20250
This JOB ORDER CONTRACT FOR Category 1: Street Maintenance (the "Contract") is made and
entered into, by and between the City of Buckeye, an Arizona municipal corporation (the "City")
and M. R. Tanner Development and Construction, LLC, an Arizona limited liability company (the
Contractor ). This Contract is for Street Maintenance, and issued as required by award of
individual Job Orders (the "Project").
RECITALS
A. The City issued a Request for Qualifications
Job Order Contracting General
for   Category 1: Street Maintenance           
 incorporated herein by reference,
seeking proposals from vendors interested in providing Street Maintenance.
B. The Contractor submitted a 
as Exhibit A, in response to the RFQ, attached hereto as Exhibit B, and both Exhibits
are 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 for the City. The Projects may include
Design Services, preconstruction services, permitting regulatory requirements and as
-built/close-out documents (collectively 
 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 (4) 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.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 the 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 the 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 the 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 include Design Services and that
where Design Services are necessary, the 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 $100,000.00 to
$1,000,000.00. Most projects will be completed within the same fiscal year they are
initiated in or within three hundred sixty-five (365) days from the Notice to Proceed.
Projects may extend into the next fiscal year and beyond, but in no instance will any
one project under this Contract exceed $2,000,000.00. The total Job Orders for a
single contractor issued during a single fiscal year will not exceed $6,000,000.00.
(b) There is no limit on the number of Job Orders that the 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.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
3.
This Contract is non-exclusive. The City shall have the right to engage other contractors
to perform the Services or to self-perform the Services.
4.
No Contract in relation to any specific Work is in effect until a Job Order has been fully
executed by the City and Contractor.
5.
During the Term of this Contract, the City will issue an individual Job Order request for
proposal to the Contractors under the JOC Street Maintenance category for each Project
or negotiate directly with a contractor. Each Job Order will have specific instructions
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 the City identifies a need for performance of a Project under a Job Order; the
City will issue an RFP to the Contractor and also advise the Contractor of the nature
of the Work to be done. This is done either by a delivery order request for proposal
or through direct negotiations utilizing the rankings from the RFQ evaluation process
as specified in the RFQ. At the same time, the 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, the Contractor will:
(i) Visit the proposed Project Site with City designated representatives; and
(ii) Arrange with the City to further define the scope of the Project.
The 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) The 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 the City. The Drawings and Specifications developed by the Design
Services are subject to approval by the City. If there are no Design Services, the 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 work, the Contractor will prepare its proposal
for accomplishment of the Project. The proposal will include pricing and schedule for
completion of the Project.
7.
Upon award of a Job Order, a signed copy of the Job Order will be mailed or
electronically forwarded to the Contractor. Failure by the Contractor to pick up or
receive the mailed or

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
electronic orders shall not relieve the 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.
The 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
 means written or graphic instruments issued prior to the submittal of the
Proposal(s), which clarify, correct or change the Proposal(s) requirements.
  
  means the executed agreement between the City and Contractor,
including any amendments to the executed Agreement.
payable by the City to the Contractor.
stating
the Work required under the Contract has been completed.
certifying that the Work under the Contract is considered sufficiently complete so that the City
can occupy and use the Project or a portion thereof for its intended purposes.
 a Job Order or this
Contract signed by the 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). A Change Order is an
amendment to the Agreement.
  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.
s Project 
  means information developed by or for the City to describe the City
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     
                        The City 
conceptual documents, design criteria, performance requirements and other Project-specific
technical materials and requirements.
City 
 Contract.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
of the Project including any works and its systems to meet the design needs and requirements
of the City.
Contractor or a Consultant.
Construction Documents.
precedence: (i) all written modifications, amendments and Change Orders to this Contract;
(ii) this Contract, including all exhibits and attachments, executed by the City and Contractor to
include each Job Order; (iii) written supplementary conditions; (iv) Construction Documents
prepared and approved; (v) Contractor     
                                            City Project
Criteria, as contained in Exhibit A.; (vi) s Project Criteria; (vii) Contractor
accepted Variations of the City
City
 amount or amounts set forth in each awarded Job Order subject to
adjustment in accordance with this Contract.
  
   each awarded Job Order subject to adjustment in
accordance with this Contract.
Job 
to be performed under this Contract for an individual, mutually agreed upon scope of work,
schedule and price.
  Contractor in performing the scope
of work described in each Job Order.
Contractor
or by the City to provide required Project design under this Contract and any subsequent
amendments.
 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.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
 
 
 
 
 
 
 
 
 
 
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.
means the completion of the Project as prescribed in Article 10.
Critical Path and extending the Substantial Completion date.
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.
  
 due by the Contractor when in breach of the
Contract. The amount is determined based off of the Contract Price and predetermined
amounts from the Maricopa Association of Governments (MAG) Uniform Standard
Specifications and Details for Public Works Construction.
City, authorizing the Contractor
to start Work or a portion of the work.
Payment Application
 City form used by the Contractor to request payment for
Work performed.
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
  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.
  this Contract or subsequent Job Orders.
  12.
establish standards by which the Work will be judged.
of the Work.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
  
  
                         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.
Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
Proceed date established plus the number of Days established in each Job Order.
                locations on which the Project is located, as more particularly
described in the Job Order.
Sub consultant 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.
Work, is sufficiently complete so that the City can occupy and use the Project or a portion
thereof for its intended purposes.
City who furnishes project management assistance
(if applicable to a Job Order).
Variations of the City 
 means agreed changes to the City
both Parties.
s defined in Article 5, Paragraph 2.
ARTICLE 4
DESIGN PHASE AND DESIGN SERVICES
1.
 
        
proposal.
2.
Normally the City will obtain Design Services from a consultant or prepare design
documents using City Staff. However, 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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 the 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 the City has awarded each Job Order, the City shall issue a NTP directing
Contractor to proceed with the Work on the date indicated in the notice (the
"Commencement Date"). Work shall commence within ten (10) days of the
Commencement Date.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.
Contractor shall commence the Work within ten (10) days of 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, the 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 the 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 the 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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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. 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 the 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 the 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 the City, a copy of all Shop Drawings, Product Data, Samples, and other
Submittals, if any, that are 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 finalized and delivered to the 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 the City, and
signed by the parties hereto. Contractor shall engage in prompt and adequate review
of Shop Drawing and other Submittals to maintain the Construction Schedule;
Contractor also warrants it will

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
use its best independent professional judgment in its review to determine compliance
with the Contract Documents.
9. The City shall also, in its discretion, have the right to review and approve Submittals. In
the event that the City exercises the foregoing right to review, Contractor shall not
perform any portion of the Construction Work unless and until the City approves in
writing such Submittal. Any such approval shall not be evidence that Construction Work
installed pursuant to the City's approval conforms to the requirements of the Contract
nor shall such approvals relieve Contractor of any of its responsibilities or warranties
under the Contract. If the 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 the City. Shop Drawings and other
Submittals from Contractor do not constitute a part of this Contract.
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 the 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 the 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 the City the required certificates of inspection, testing or
approval.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
15. Contractor shall, during the course of the Construction Work, comply with any
regulations or guidelines prescribed by the 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 the 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 the 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 the 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 the 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.
18. While on the City's property, all Contractor's employees and Subcontractors shall
confine themselves to areas designated by the City and will be subject to the 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 the 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 the 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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 the City, Contractor shall repair and return to original
condition all buildings, streets, curbs, sidewalks, 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 the 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 the 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
the City, or making Contractor or any of its employees eligible for the fringe benefits,
such as retirement, insurance and worker's compensation, which the City provides its
employees.
ARTICLE 8
CONTRACT PRICE
1. The 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 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 Change Order, represents the absolute
limit of obligation or liability that the 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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 the 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 Contract
Price described in this Contract is paid. Such construction management services 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. The 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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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
4.
The issuance of a Certificate for Payment will constitute a representation by the City,
observations at the site and the data comprising the Payment Application, 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 the City against Contractor arising from
any other project. Within fourteen (14) days following the receipt of the
Certificate for 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:

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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.
ARTICLE 10
SUBSTANTIAL AND FINAL COMPLETION
1.
"Substantial Completion" means that stage in the progression of the Construction
Work, as approved by the City in writing, when the Project is sufficiently complete in
accordance with the Contract that the 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 the City of all necessary
authorizations for the use of the Project required by any governmental or regulatory
authority. The 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 the City a list of items
remaining to be completed or corrected. The City, the City's designee, (or an
independent consultant hired by the City) will perform an inspection. If the
Construction Work is substantially complete, in the sole opinion of the City, the 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 the 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.
Within thirty (30) days following (a) Substantial Completion of the Construction
Work, and 
 execution of the Certificate of Substantial Completion the
City will remit payment of all sums due Contractor, including such amount of
retainage based upon the value of remaining performance, less the reasonable costs
for completing all incomplete Construction Work and/or any Design Services,
correcting and bringing into strict conformance all defective and nonconforming
Construction Work, and

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handling all outstanding or threatened claims. Such payment less reasonable costs
shall be determined by the City in its sole and absolute discretion.
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 the
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 the 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 the 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.
The City shall make final payment of all remaining sums due to Contractor within thirty
(30) days after Final Completion as reflected by the City's Certificate for Final
Payment, provided that all documents and deliverables required to be delivered to
the 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 the City, in the form and manner required by the
City, the following:
(a)
a signed and notarized statement of final payment and release, in
particular certifying that all Subcontractors and Suppliers have been
paid all sums lawfully due to them, and releasing the City from all
claims that Contractor had or might have asserted during the
performance of this Contract;
(b)
if required by the 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 the City
or the 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.

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8.
Acceptance by Contractor of final payment shall constitute a waiver and release of
all claims against the City by Contractor except for those claims previously made in
writing against the 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, the City shall undertake to perform the following:
1.
The City shall provide Contractor with information regarding the City's requirements
for the Project including any desired or required design or construction schedule.
2.
The City shall review any documents submitted by Contractor requiring the City's
decision, and shall render any required decisions pertaining thereto.
3.
In the event the City has actual knowledge of (a) any material fault or defect in the
Construction Work, (b) nonconformance with the Contract, or (c) errors, omissions
or inconsistencies in the Design Documents, the City shall give prompt written notice
thereof to Contractor.
4.
The 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.
The 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.
6.
The City shall perform the duties set forth in this Article 11 in a reasonably timely
manner so as to permit the orderly and timely progress of Contractor's Design
Services and of the Construction Work.
7.
The 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 the City's construction program and requirements. No review,
inspection, or approval by the 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

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Contract Documents shall not relieve Contractor of responsibility for the strict
performance of its obligations under the Contract. Payment by the City pursuant to
the Contract shall not constitute a waiver of any of the 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 the City.
8.
The 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.
9.
The 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, the 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, the
City shall also furnish surveys, legal limitations, and utility locations (if known), and a
legal description of the Project site.
10.
The 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 the City may request
in obtaining such easements, certificates of occupancy, and the like.
11.
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,
the 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 the City in writing, Contractor shall immediately cease and desist as instructed
by the City and shall not proceed further until the cause for the City's instructions
has been corrected, no longer exists, or the City instructs that the Construction Work
may resume.
12.
In the event the 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 the City that the cause of such instructions
will be eliminated or corrected, then the 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 Construction Work. The rights set forth in Article 11,
Paragraph 11 and

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC
this Article 11, Paragraph 12 are in addition to, and without prejudice to, any other
rights or remedies the 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 the City for inspection and copying upon
the City's request at any time. Additionally, such records shall be made available
upon request by the 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, audio or video
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 the 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 the City deems
necessary. The City shall promptly reply to Contractor, in writing, stating any
objections the City may  have  to  such  proposed  Subcontractors  
 . With respect to this Contract and the subject matter hereto,
Contractor shall not engage the services of or otherwise enter into a contract with a
disapproved Subcontractor. Notwithstanding the foregoing, any consent or failure to
reject a subcontractor by the City shall in no way relieve Contractor of any of its
duties or warranties under this Contract.

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4.
All subcontracts and purchase orders with Subcontractors shall afford Contractor
rights against the Subcontractor which correspond to those rights afforded to the
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 the City and any
Subcontractor of Contractor, and a provision to this effect shall be incorporated into
all agreements between Contractor and its Subcontractors.
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
subcontractors, suppliers, and contractors.
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 the 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, the City reasonably determines that
the performance of any Subcontractor or any member of Contractor's staff
construction working on the Project is unsatisfactory, the 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 the 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 the City without invalidating the Contract. Such
changes shall be communicated by Change Order 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.

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 determines 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 the City by Change Order or Supplemental
Agreement, and shall keep thorough records of the cost of performance of such
Change Order or Supplemental Agreement.
5.
Contractor recognizes and accepts a fiduciary relationship of trust and confidence
hereby established between Contractor and the City and agrees that it shall at all
times in good faith use its best efforts to advance the City's interests and agrees to
perform the Work in the highest professional manner.
ARTICLE 15
CLAIMS BY CONTRACTOR
1.
Claims by Contractor against the 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 the 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 the City all such
documentation, including cost and time records, as and when the City may request
so that the 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 the City.

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 the 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 the City for compensation in
excess of the Construction Price, any liability of the 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. The City shall not be liable to Contractor for claims of third
parties, including Subcontractors, for acts, omissions, events, or conditions for which
the City would not be liable to Contractor under the terms of the Contract. As a
condition precedent to the 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 the City by Contractor in
strict compliance with all the requirements of this Article. The 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 the City and Contractor.
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 the City, or contrary to any provision of the Contract, said
Construction Work shall, if required by the 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 the City, be uncovered
for inspection. If such Construction Work conforms strictly to the Contract, the cost
of uncovering and proper replacement shall be charged to the 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 the
City as defective or failing to conform to the Contract. Contractor shall pay all costs

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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 the City. This obligation shall survive final
payment by the 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.
The 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. The City shall be entitled to a reduction in the
Construction Price regardless of whether the 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 the City for the acceptance
of defective or nonconforming Construction Work, Contractor shall, upon written
demand from the City, pay the City such additional compensation for accepting
defective or nonconforming Construction Work.
ARTICLE 17
SUSPENSION AND TERMINATION
1.
The City may for any reason whatsoever suspend performance under the Contract.
The 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 the City, Contractor
shall incur no further expense or obligations in connection with this Contract and
Contractor shall cease its performance. Contractor shall also, at the City's direction,
either suspend or assign to the City any of its open or outstanding subcontracts or
purchase orders.
3.
In the event the 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, the City shall pay Contractor as full compensation for such
suspension Contractor's reasonable costs, actually incurred and paid, of:

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC
(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 the 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.
The City reserves the right, for any reason whatsoever (including, but not limited to,
terminate performance under the Contract by Contractor for convenience. The 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 the City's direction, either terminate or
assign to the City outstanding orders and subcontracts. Contractor shall settle the
liabilities and claims arising out of any terminated subcontracts and orders. The City
may direct Contractor to assign Contractor's right, title and interest under
terminated orders or subcontracts to the City or its designee. Contractor shall
transfer title and deliver to the 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 the City specifying the amounts
believed to be due because of the termination for convenience together with costs,
pricing or other data required by the City. If Contractor fails to file a termination
claim within three (3) months from the effective date of termination, the City shall
pay Contractor an amount derived in accordance with Subparagraph (c) below;
(b) The 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, the 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;
(ii)
such portion of Work which is completed and unpaid as of the date of
receipt by Contractor of the notice of termination; and

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(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 the 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 the 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 the 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 the
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 the 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.

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ARTICLE 19
INSURANCE AND BONDS
See Exhibit C.
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. The 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, the 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.
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 the City, upon request, for purposes of evaluating compliance with
this and other provisions of the Contract.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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 INA 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 the 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.
If intended for the City, to:
William Kauppi
Chief Financial Officer, Finance
City of Buckeye
530 E. Monroe Ave.
Buckeye, Arizona 85326
Phone: 623.349.6225

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
If intended for Contractor, to:
M. R. Tanner Development and Construction, LLC
Josh Skinner, JOC Account Manager
1327 W. San Pedro Street
Gilbert, Arizona 85233
Phone: 480.633.8500
Email: j skinner@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 the 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 the 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
                               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
  
  availability of funds
therefore.
9. Cooperative Purchasing- Specific eligible political subdivisions and nonprofit educational
or   health
 
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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
the sole responsibility of the Eligible Procurement Unit. The exercise of any rights,
responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The 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.
ARTICLE 24
E-VERIFY
1.
 E-Verify Requirements. To the extent applicable under Ariz. Rev. Stat. §41-4401,
Contractor and its subconsultants warrant compliance with all federal immigration laws
and regulations that relate to their employees and compliance with the E-verify
requirements under Ariz. Rev. Stat. §23-214(A). The Contractor or its subcontractor
 with such warranty shall be deemed a material breach of this
Agreement and may result in the termination of this Agreement by the City.
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 the City
City
respective rights to keep such papers and records confidential.
ARTICLE 25
ISRAEL
1. To the extent required by applicable law, 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.
[SIGNATURE PAGE TO FOLLOW]

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
THEREFORE, the City of Buckeye by its Mayor and City Clerk have hereunto subscribed their names this
 
.
CITY:
CONTRACTOR:
THE CITY OF BUCKEYE,
M. R. TANNER DEVELOPMENT AND
an Arizona municipal corporation
CONSTRUCTION, LLC, an Arizona
limited liability company
Dan Cotterman, 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

M. R. Tanner Development and Construction, LLC
EXHIBIT A
TO
JOB ORDER CONTRACT FOR
STREET MAINTENANCE
BETWEEN
CITY OF BUCKEYE
AND
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC
[CONTRACTOR S STATEMENT OF QUALIFICATIONS (SOQ)]
SEE FOLLOWING PAGES
JOC ­ General Category 1: Street Maintenance
32
Contract No. 2025081

M. R. Tanner Development and Construction, LLC
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
33

M. R. Tanner Development and Construction, LLC
JOC ­ General Category 1: Street Maintenance
34
Contract No. 2025081

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
JOC ­ General Category 1: Street Maintenance
35

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
 
JOC ­ General Category 1: Street Maintenance
36

Financial Information [Current Backlog/Project List]
Current Backlog/Project List
is continued in the appendix .
M. R. TannerM. R. Tanner Development and Construction,
LLC
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
37
Maintenance I RFQ:

JOC ­ General Category 1: Street Maintenance
38
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
JOC ­ General Category 1: Street Maintenance
39

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
 
JOC ­ General Category 1: Street Maintenance
40

• WSP Inc I Asphalt Milling
• Metro Traffic Control I Traffic Control
• Franklin Striping I Striping
• Specialty Companies I Utility Adjustments
PROJECT EXPERIENCE
JOC ­ General Category 1: Street Maintenance
41
M. R. Tanner MC.oRn.sTtaruncnetiroDneIveCloitpymoefnBt auncdkCeyoens(trJuOctCio)n,SLtrLeCet Maintenance I RFQ: 2024193.1
Contract No. 2025081
Description: This project was a mill and overlay contract
that included street maintenance activities. This was a time­
sensitive, fast­paced 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 many local businesses and residents on this project
was critical to its success.
Owner: Town of Paradise Valley
Award Date: February 2018
Construction Costs: $4,427,525
Estimated Completion Date: 2020
Key Personnel: Josh Skinner, Chad Montoya, Josh Lansford,
Ryan Hammer
Subcontractors:
• Asphalt Patch After Underground Utility
Repairs
•
Asphalt Emulsion Seal Coat ­ PMM
• Equipment Required for Sealing Applications
• Community Outreach
ntr

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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44

JOC ­ General Category 1: Street Maintenance
45
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

3 I Tawn af Paradise Valley, Asphalt Street Overlay
JDC
JOC ­ General Category 1: Street Maintenance
54
M. R. Tanner MC.oRn.sTtaruncnteiroDneIveCloitpymoefntBauncdkCeyoens(trJuOctCio)n,SLtrLeCet Maintenance I RFQ: 2024193.1
Contract No. 2025081
PAST PERFORMANCE QUESTIONNAIRE

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR'S PERFORMANCE
RATING
DEFINITION
NOTE
(E ) Exceptional
Performance meets contractual requirements and exceeds
many to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with few minor problems for which
corrective actions taken by the contractor were highly
effective
An Exceptional rating is appropriate when the
contractor successfully performed multiple
significant events that were of benefit to the
Government/Owner. A singular benefit, however,
could be of such magnitude that it alone
constitutes an Exceptional rating. Also there should
have been NO significant weaknesses identified.
(VG) Very Good
Performance meets contractual requirements and exceeds
some to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with some minor problems for which
corrective actions taken by the contractor were effective
A Very Good rating is appropriate when the
Contractor successuflly performed a significant
event that was a benefit to the Government/Owner.
There should have been no significant weaknesses
identified.
(S) Satisfactory
Performance meets minimum contractual requirements.
The contractual prerformance of the element or sub-
element contains some minor problems for which
corrective actions taken by the contractor appear or were
satisfactory
A Satisfactory rating is appropriate when there
were only minor problems, or major problems that
the contractor recovered from without impact to
the contract. There should have been NO
significant weaknesses identified. Per DOD policy, a
fundamental principle of assigning ratings is that
the contractors will not be assessed a rating lower
than Satisfactory solely for not performing beyond
the requirements of the contract.
(M) Marginal
Performance does not meet some contractual requirements.
The contractual performance of the element or sub-element
being assessed reflects a serious problem for which the
contractor has not yet identified corrective actions. The
contractor's proposed actions appear only marginally
effective or were not fully implemented.
A Marginal rating is appropriate when a significant
event occurred that the contractor had trouble
overcoming which impacted the
Government/Owner.
(U) Unsatisfactory
Performance does not meet most contractual requirements
and recovery is not likely in a timely manner. The
contractual performance of the element or sub-element
contains serious problem(s) for which the contractor's
corrective actions appear or were ineffective.
An Unsatisfactory rating is appropriate when
multiple significant events occurred that the
contractor had trouble overcoming and which
impacted the Government/Owner. A singular
problem, however, could be of such serious
magnitude that it alone constitutes an
unsatisfactory rating.
(N) Not Applicable
No information or did not apply to your contract
Raiting will be neither positive nor negative.

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PAST PERFORMANCE EVALUATION
(TO BE COMPLETED BY CLIENT)
1. QUALITY
a) Quality of technical data/report preparation efforts
E
VG
S
M
U
N
b) Ability to meet quality standards specified for technical performance
E
VG
S
M
U
N
c) Timeliness/effectiveness of contract problem resolution without extensive
customer guidance
E
VG
S
M
U
N
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on
performance)
E
VG
S
M
U
N
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed or
the schedule was not met, please address below)
E
VG
S
M
U
N
b) Rate the contractor's use of available resources to accomplish tasks
identified in the contract
E
VG
S
M
U
N
3. CUSTOMER SATISFACTION
a) To what extent were the end users satisfied with the project?
E
VG
S
M
U
N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes;
responsiveness to administrative reports, ommunication
)
E
VG
S
M
U
N
c) To what extent was the contractor cooperative,
with the interests of the customer?
, and concerned
E
VG
S
M
U
N
d) Overall customer satisfaction
E
VG
S
M
U
N
4. MANAGEMENT/PERSONNEL/LABOR
a) Effectiveness of on-site management of subcontractors, suppliers, materials,
and/or labor force?
E
VG
S
M
U
N
b) Ability to hire, apply, and retain a qualified workforce through this effort
E
VG
S
M
U
N
c) Government Property Control
E
VG
S
M
U
N
d) Knowledge/expertise demonstrated by contractor personnel
E
VG
S
M
U
N
e) Utilization of Small Business
E
VG
S
M
U
N
f) Ability to simultaneously manage multiple projects with multiple disciplines
E
VG
S
M
U
N
g) Ability to assimilate and incorporate changes in requirements and/or
priorit
, including planning, execution and response to Government change
E
VG
S
M
U
N
h) Effectiveness of overall management (including ability to effectively lead,
manage and control the program)
E
VG
S
M
U
N

Contract No. 2025081
M. R. Tanner Development and Construction, LLC
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed
price(s)?
E
VG
S
M
U
N
b) Contractor proposed innovative alternative methods/processes that reduced
cost, improved maintainability or other factors that benefited the client
E
VG
S
M
U
N
c) If this is/was a Government cost type contract, please rate the Contractor's
timeliness and accuracy in submitting monthly invoices with appropriate back-
up documentation, monthly status reports/budget variance reports, compliance
with established budgets and avoidance of significant and/or unexplained
variances (under runs or overruns)
E
VG
S
M
U
N
d) Is the Contractor's accounting system adequate for management and
tracking of costs? If no, please explain in Remarks section.
Yes
No
e) If this is/was a Government contract, has/was this contract been partially or
completely terminated for default or convenience or are there any pending
terminations? Indicate if show cause or cure notices were issued, or any default
action in comment section below.
Yes
No
f) Have there been any indications that the contractor has had any financial
problems? If yes, please explain below.
Yes
No
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of
safety, adhere to its approved safety plan, and respond to safety issues?
(Includes: following the users rules, regulations, and requirements regarding
housekeeping, safety, correction of noted deficiencies, etc.)
E
VG
S
M
U
N
b) Contractor complied with all security requirements for the project and
personnel security requirements.
E
VG
S
M
U
N
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations
(including notifying COR, PM or Contracting Officer in a timely manner
regarding urgent contractual issues)
E
VG
S
M
U
N
b) Compliance with contractual terms/ provisions (explain if specific issues)
E
VG
S
M
U
N
c) Would you hire or work with this firm again? (if no, please explain below)
Yes
No
d) In summary, provide an overall rating for the work performed by this
contractor.
E
VG
S
M
U
N
Please provide responses to the questions above (if applicable) and/or additional remarks. 
,
please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other
comments which may assist
in evaluating performance risk. (please attach additional pages if
necessary)
Client Signature:
JOC ­ General Category 1: Street Maintenance
Date: 06/12/2024
57

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR'S PERFORMANCE
RATING
DEFINITION
NOTE
(E ) Exceptional
Performance meets contractual requirements and exceeds
many to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with few minor problems for which
corrective actions taken by the contractor were highly
effective
An Exceptional rating is appropriate when the
contractor successfully performed multiple
significant events that were of benefit to the
Government/Owner. A singular benefit, however,
could be of such magnitude that it alone constitutes
an Exceptional rating. Also there should have been
NO significant weaknesses identified.
(VG) Very Good
Performance meets contractual requirements and exceeds
some to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with some minor problems for which
corrective actions taken by the contractor were effective
A Very Good rating is appropriate when the
Contractor successuflly performed a significant
event that was a benefit to the Government/Owner.
There should have been no significant weaknesses
identified.
(S) Satisfactory
Performance meets minimum contractual requirements. The
contractual prerformance of the element or sub-element
contains some minor problems for which corrective actions
taken by the contractor appear or were satisfactory
A Satisfactory rating is appropriate when there were
only minor problems, or major problems that the
contractor recovered from without impact to the
contract. There should have been NO significant
weaknesses identified. Per DOD policy, a
fundamental principle of assigning ratings is that the
contractors will not be assessed a rating lower than
Satisfactory solely for not performing beyond the
requirements of the contract.
(M) Marginal
Performance does not meet some contractual requirements.
The contractual performance of the element or sub-element
being assessed reflects a serious problem for which the
contractor has not yet identified corrective actions. The
contractor's proposed actions appear only marginally
effective or were not fully implemented.
A Marginal rating is appropriate when a significant
event occurred that the contractor had trouble
overcoming which impacted the
Government/Owner.
(U) Unsatisfactory
Performance does not meet most contractual requirements
and recovery is not likely in a timely manner. The contractual
performance of the element or sub-element contains serious
problem(s) for which the contractor's corrective actions
appear
or were ineffective.
An Unsatisfactory rating is appropriate when
multiple significant events occurred that the
contractor had trouble overcoming and which
impacted the Government/Owner. A singular
problem, however, could be of such serious
magnitude that it alone constitutes an
unsatisfactory rating.
(N) Not Applicable
No information or did not apply to your contract
Raiting will be neither positive nor negative.

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PAST PERFORMANCE EVALUATION
(TO BE COMPLETED BY CLIENT)
1. QUALITY
a) Quality of technical data/report preparation efforts
E
VG
S
M
U
N
b) Ability to meet quality standards specified for technical performance
E
VG
S
M
U
N
c) Timeliness/effectiveness of contract problem resolution without extensive
customer guidance
E
VG
S
M
U
N
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on
performance)
E
VG
S
M
U
N
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed or
the schedule was not met, please address below)
E
VG
S
M
U
N
b) Rate the contractor's use of available resources to accomplish tasks
identified in the contract
E
VG
S
M
U
N
3. CUSTOMER SATISFACTION
a) To what extent were the end users satisfied with the project?
E
VG
S
M
U
N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes;
responsiveness to administrative reports, ommunication
)
E
VG
S
M
U
N
c) To what extent was the contractor cooperative,
with the interests of the customer?
, and concerned
E
VG
S
M
U
N
d) Overall customer satisfaction
E
VG
S
M
U
N
4. MANAGEMENT/PERSONNEL/LABOR
a) Effectiveness of on-site management of subcontractors, suppliers, materials,
and/or labor force?
E
VG
S
M
U
N
b) Ability to hire, apply, and retain a qualified workforce through this effort
E
VG
S
M
U
N
c) Government Property Control
E
VG
S
M
U
N
d) Knowledge/expertise demonstrated by contractor personnel
E
VG
S
M
U
N
e) Utilization of Small Business
E
VG
S
M
U
N
f) Ability to simultaneously manage multiple projects with multiple disciplines
E
VG
S
M
U
N
g) Ability to assimilate and incorporate changes in requirements and/or
priorit
, including planning, execution and response to Government change
E
VG
S
M
U
N
h) Effectiveness of overall management (including ability to effectively lead,
manage and control the program)
E
VG
S
M
U
N

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M. R. Tanner Development and Construction, LLC

PAST PERFORMANCE QUESTIONNAIRE
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5 I City □f Surprise JDC Overlay

PAST PERFORMANCE QUESTIONNAIRE
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5 I City □f Surprise JDC Overlay

PAST PERFORMANCE QUESTIONNAIRE
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5 I City □t Surprise JDC Overlay

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M. R. TannerM. R. Tanner Development and Construction,
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Current Backlog/Project List
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M. R. TannerM. R. Tanner Development and Construction,
LLC

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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LLC

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LLC

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M. R. TannerM. R. Tanner Development and Construction,
LLC

Current Backlog/Project List
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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M. R. TannerM. R. Tanner Development and Construction,
LLC

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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EXHIBIT B
TO
JOB ORDER CONTRACT FOR
STREET MAINTENANCE
BETWEEN
CITY OF BUCKEYE
AND
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC
RFQ NO. 2024193]
SEE FOLLOWING PAGES

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
CITY OF BUCKEYE
REQUEST FOR QUALIFICATIONS
RFQ: 2024193
JOB ORDER CONTRACTING (JOC)
GENERAL
CATEGORY 1: Street Maintenance
Pave, Patch & Mill Projects / Sealing
Applications Projects
CATEGORY 2: General Construction Services
CATEGORY 3: Road Construction Services
CATEGORY 4: Steel Building/Structure Construction Services
 CONTACT PERSON
Travis M. Stewart - Contracts Administrator
Finance Division / City of Buckeye
623.349.6173
t stewart@buckeyeaz.gov
Date Issued:
Monday, May 20, 2024
Pre-Submittal Conference: Wednesday, May 29, 2024 at 10:00 AM
Last Day for Questions:
Monday, June 10, 2024 at 3:00 PM
RFQ Due Date:
Monday, June 17, 2024 at 3:00 PM
PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE
BONFIRE WEBSITE, CONTRACTORS ARE RESPONSIBLE FOR OBTAINING ANY
ADDENDA EITHER THROUGH UPDATES ON THE WEBSITE, OR BY CONTACTING THE
CITY CONTACT PERSON LISTED ABOVE.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
TABLE OF CONTENTS
SECTION
DESCRIPTION
PAGE NO.
1.
Introduction.........................................................................................3
2.
Project Summary/ Scope of Work....................................................... 4
3.
Pre-Submittal Conference................................................................... 5
4.
Submittal Requirements......................................................................5
5.
Selection Process.................................................................................9
6.
General Information............................................................................9
SECTION
ATTACHMENTS
PAGE NO.
1.
Past Performance Questionnaire
A-1
2.
Scope of Work by Category
A-2
3.
JOC Selection Checklist
A-3
4.
Street Maintenance Technical 
A-4
5.
Sample Contract
-5

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
SECTION 1 - INTRODUCTION
The City of Buckeye is currently looking to establish Job Order Contracts (JOCs) for indefinite
quantity and indefinite delivery for various projects in the City of Buckeye, Arizona. Individual
categories under this JOC are listed in detail in Attachment A-2. Interested contractors will have
the ability to show related experience and a proven record of accomplishment in Job Order
Contracting projects of the same nature and magnitude. The selected contractors will be
expected to deliver turnkey projects, which may include design, preconstruction services,
permitting, regulatory requirements, and as-built/close-out documents.
The contract period will be for an initial term of one (1) year with no more than four (4)
additional one-year extensions. During the term of the contract, work shall be conducted as a
series of individual job orders referred to as Delivery Orders. The effective date of the initial
one (1) year
start date of each JOC category is as follows:
Street Maintenance: Pave, Patch & Mill Projects /
8/6/2024
Sealing Applications Projects
General Construction Services
8/1/2024
Road Construction Services
8/1/2024
Steel Building/Structure Construction Services
8/1/2024
The JOC categories are intended for small to midsized projects. Estimated values for individual
projects are expected not to exceed $1,000,000.00. Most projects are anticipated to be
completed within the same fiscal year they are initiated or within three hundred sixty-five (365)
days. Projects may extend into the next fiscal year and beyond, but in no instance will any one
project under a JOC category exceed $2,000,000.00. The total amount for all projects for any
one contractor will not exceed $6,000,000.00 per category in any given fiscal year.
Any contract resulting from this solicitation shall be for the use of the City of Buckeye. In
addition, specific eligible political subdivisions and nonprofit educational or public health
institutions may also participate at their discretion. In order to participate in any resultant
contract, a political subdivision or nonprofit educational or public health institution must have
been invited to participate in this specific solicitation and the contractor must be in agreement
with the cooperative transaction. In addition to cooperative purchasing, any eligible agency
may elect to participate (piggyback) on any resultant contract; the specific eligible political
subdivision, nonprofit educational or public health institution and the contractor must be in
agreement.
Any delivery order placed to the successful contractor will be placed by the specific agencies
participating in this purchase. Payment for purchases made under this agreement will be the
sole responsibility of each participating agency. The City shall not be responsible for any
disputes arising out of transactions made by others.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
SECTION 2 PROJECT(S) SUMMARY/SCOPE OF WORK
The intent of this solicitation is to award Job Order Contracts in seven Categories as listed in
Attachment A-2 to at least three (3) and no more than five (5) separate Contractors in each
category who will subsequently compete for individual Job Orders (Delivery Orders) for projects
by providing a proposal as each project arises based off of a Delivery Order Request for
Proposal (DORFP) that is issued by the City of Buckeye. Each Job Order will be implemented by
issuing a Delivery Order for the work. Each Job Order will be a separate contract for
construction. Individual Delivery Orders shall not exceed $2,000.000.00, including all change
orders. The scope of work for each project cannot be precisely defined at this time, but the
expectation is that the majority of Job Orders will be in the $100,000 to $1,000,000 range.
The City reserves the right to issue individual Job Orders by negotiating with the contractor that
scored as the most qualified under a JOC category. If negotiations fail, the City will go to the
next most qualified contractor for negotiations. The process is repeated until negotiations are
successful, or the JOC contractor list is expended. As individual Job Orders are issued in this
manner, negotiations will be initiated with the next most qualified contractor as each project is
identified. To the extent  
  
                                                                  
                                                                                                projects will be rotated
through all contractors under the JOC category to provide equal opportunity for all contractors,
the byproduct of which is efficiency through competitive pricing, as discussed in the following
paragraphs.
The City of Buckeye has elected to use the JOC delivery method for these projects as outlined
under A.R.S. Title 34. Cost effective construction in the shortest possible time period and within
Job Order Contracting.
The Contractors may provide separate qualification submittals for one or multiple categories
described in Attachment A-2. The list of services under each category is not comprehensive and
the City reserves the right to add related services to each category as necessary.
The City anticipates it will award contracts to at least three (3) and no more than five (5)
separate contractors in each category (The number of contractors will be determined in the
evaluation phase.).
For projects determined by the City to be appropriate for this Job Order Contract, the City will
request that the Contractor prepare a cost proposal and project schedule. If acceptable, the
City will issue an Individual Job Order Contract and direct the Contractor to proceed with the
work. Although the City anticipates that awarded Contractors will be issued work, the
Contractor is guaranteed neither a minimum amount of work nor any jobs at all. The City
reserves the right and will issue job orders based on the ability of the Contractor to meet the
City
 and the availability of trades and expertise in relation to each project.
Appropriate payment and performance bonding per project shall be required.
Scope of Work: See Attachment 2.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
SECTION 3 - PRE-SUBMITTAL CONFERENCE
The pre-submittal conference has been scheduled for Wednesday, May 29, 2024, at 10:00 AM
via Microsoft Teams. Attendance is encouraged but not required.
Microsoft Teams: L ink
SECTION 4 SUBMITTAL REQUIREMENTS
The One (1) page Cover letter submitted with your Statement of Qualifications (SOQ) packet,
must indicate which category(s) your Firm wishes to be considered for using the JOC Selection
Checklist (Attachment A-3). Firms must submit a separate SOQ for each category they wish to
be considered for. When the selection process is complete, Firms may be awarded in one or
multiple Categories based on the SOQs submitted.
 by Monday, 3:00
PM, local time on June 17, 2024. Submit a complete copy of the Qualifications using a
searchable
Submittals must be received by the specified time. On the PDF file, please display: Firm name,
Request for Qualifications (RFQ) title, RFQ Number #2024193, Category Number/Name. All
submittals must be 
h ttps://buckeyeaz.bonfirehub.com/opportunities/114292.
All Questions concerning this Request for Qualifications (RFQ) can be submitted through Bonfire
or directly to the Contracts Administrator: (Phone/Email)
City of Buckeye
530 East Monroe Avenue
Buckeye, AZ 85326
Attn: Travis M. Stewart
t stewart@buckeyeaz.gov
623.349.6173
Questions must be received by the deadline to be considered. The deadline for questions is
June 10, 2024, 3:00 PM Local Time.
Submittal: one (1) page cover letter, Two (2) pages financial information)
TAB A: Project Experience (one page per project, maximum of eight (8) projects)
TAB B: Past Performance Questionnaire (one form per projects identified in TAB A)
TAB C: Key Personnel Resumes (one page per resume, plus organizational chart)
TAB D: Method of Approach (25 pages)

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
COVER LETTER/FINANCIAL INFORMATION
Within the one-
and the email address for your firm s contact person for the RFQ and Category (2) you wish to
be considered for.
Adherence to the maximum page criterion is critical: each page side (maximum 8-
criteria information will be counted.
-outs)
unless specifically authorized. Pages that have project photos, charts and/or graphs will be
counted towards the required number of pages. Front and back covers, Table of Contents, and
divider (tab) pages will not be counted unless they include qualification information that could
be considered by the selection panel.
Resumes should provide information for key staff (no company profiles) and should not include
project pictures or general firm information. Any additional company information or non-key
staff information included in the resume section will be counted against the maximum page
requirement. Do not submit information that is not listed herein.
Font size must be 10 point or greater.
1. Financial Capacity/Bonding/Insurance
2. Total Bonding Capacity - Single Limit and Aggregate Limit
3. Current Backlog/Project List
4. 
(Items 1-3 must be documented /verified from your surety or insurance carrier)
TAB A - PROJECT EXPERIENCE
Identify at least Five (5) but no more than Eight (8) comparable projects. Demonstrate the
experience of your firm and/or proposed team, including sub-contractors, on projects
same/similar to that described in the solicitation for same/similar services. The projects
submitted should also demonstrate that the contractor and/or the team have performed a
same/similar type of services at multiple sites simultaneously. Same and or similar type services
may be as follows:
1. Job Order Contracts for the services in the individual category the firm is submitting
under as described in Attachment A-2.
2. Multiple Award JOC Contracts with Public Entities. (City, State, School District, County)
3. One (1) project presented in TAB A must represent a multitude of disciplines and
job Duties.
4. Two (2) projects must highlight your firm s ability to perform similar
projects and have a final construction value of greater than $1,000,000.
5.
All projects submitted must have been completed within the last five (5) years.

TAB B - PAST PERFORMANCE QUESTIONNAIRE
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
For each project submitted in TAB A, you must submit a completed Past Performance
Questionnaire, ATTACHMENT (A-1). The firm is directed to provide this form to the project
owner or Point of Contact. Instruct the owner to complete the form and return the form with
your submission.
TAB C - EXPERIENCE OF KEY PERSONNEL
The Firm must provide resume data for the following key personnel: JOC Account Manager, JOC
Estimator, Project Manager, Project Superintendent, and Quality Control Manager.
The Firm may also include resume data for other personnel that you consider key. Resume
information to be provided shall be limited to no more than one (1) page per person and shall
include the following information as a minimum:
(a) Name and title
(b) Project assignment
(c) Name of firm with which associated
(d)
(e) Active professional registration, year first registered, if applicable
(f) Other experience and qualifications relevant to same/similar work required under this
contract
(g) Education: degree(s), year, specialization, if applicable
Include an organizational chart (maximum 2 pages) at the end of this tab, chart may be
submitted Provide an organizational chart that depicts the project team
organization and lines
of authority. Clearly indicate superior/subordinate reporting relationships; provide names of
Project Managers, Site Supervisors, Inspectors and Estimators. Include if applicable, Key
Personnel from major Subcontractors or Suppliers that would contribute to major portions of
any work associated with this JOC solicitation.
TAB D - METHOD OF APPROACH
General Project Approach:
1.
City 
2. Describe how your firm handles cost control (daily, monthly, and completion
tracking/reporting); scheduling (initial and progress schedules); how are cost
overruns identified and how are they mitigated?
3.
4.

Job Order Management:
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
cost estimates and schedules related to the City
specific detail regarding the following:
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?
2. Upon acceptance of a proposal and issuance of a Notice to Proceed, how many days
does your firm typically require to mobilize forces and start construction?
3.
    
            ocedure and how change Orders are
communicated with the City.
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?
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 
NOTE: Specific pricing information, including proposed value engineering or cost savings
Any Statement of Qualifications that contains any information of this type may, in the sole
discretion of the City, be deemed non-responsive and be returned to the Contractor.
Subcontractor Selection Plan:
Each Contractor s subcontracting plan will be incorporated by reference into the Agreement.
Each Contractor will be obligated to comply with its own plan. Note that a subcontractor
selection plan is a requirement of A.R.S. § 34-604(C)(2)(e)(i) and, as such, must be submitted;
failure to submit a subcontractor selection plan will result in rejection of the Statement of
Qualifications.
Safety:
1.   
.
2. List all major Certifications and Training obtained by the Safety Manager.
3. Describe Safety Training protocol provided to Field Staff at a Project site.
4. Provide your Firms most current Experience Modification Rate (EMR).

SECTION 5 - SELECTION PROCESS
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
This Request for Qualifications (RFQ) is being conducted pursuant to A.R.S. § 34-604. The
process will be to review and evaluate the submittals using a Scoring System. The selection
criteria and relative weights for determining the order of firms on the final list are as follows:
SECTION
MAX SCORE
Cover Letter
0
Project Experience
30
Past Performance Questionnaire
20
Experience of Key Personnel
20
Method of Approach
30
Total Maximum Points
100
The Selection Panel will evaluate each SOQ according to the criteria set forth in Section 4
above. The City will select firm(s) based on the SOQs received; formal interviews may or may
not be conducted. The City may conduct a due diligence review on the firm(s) receiving the
highest scores.
   
               
   
   City employees and at least one senior
management employee of a licensed contractor and one person who is an architect or engineer
registered pursuant to A.R.S. § 32-121. These members may be employees of the City or
outside consultants. The selection committee will review, evaluate, and score the RFQ
responses in accordance with the evaluation criteria established above.
The City may then decide, if necessary, to conduct interviews of firms to make final selections.
The City will then award a Job Order Contract to the highest-ranked firms within each Category.
The City expects to award contracts in all categories listed in Attachment A-3.
SECTION 6 - GENERAL INFORMATION
City Rights. The City of Buckeye reserves the right to reject any or all Statements of
Qualifications, to waive any informality or irregularity in any Statement of Qualifications
received, and to be the sole judge of the merits of the respective Statements of Qualifications
received.
Acceptance of Evaluation Methodology. By submitting Qualifications in response to this SOQ,
respondent acknowledges and accepts the evaluation process, the established criteria and
associated Scoring System
        
 
subjective judgments by the City.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
Release of Project Information. The City shall provide the release of all public information
concerning this project, including selection announcements and contract award. Those desiring
to release information to the public must receive prior written approval from the City.
Contact with City Employees.
representatives, agents, lobbyists, attorneys, and subcontractors) will refrain, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or
creating bias in the selection process with any person who may play a part in the selection
process, including the evaluation panel, the City Manager, Department Heads and other City
staff. This policy is intended to create a level playing field for all potential firms, assure that
contract decisions are made in public and to protect the integrity of the selection process. All
contact on this selection process should be addressed to the authorized representative
identified below.
Data Confidentiality. Except as specifically provided in the Contract, the Contractor or its
subcontractors shall not divulge data to any third party without prior written consent of the
City.
Legal Worker Requirements. The City of Buckeye is prohibited by A.R.S. § 41-4401 from
awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with
A.R.S. § 23- 214(A). The contractor and each subcontractor shall comply with all federal
immigration laws and regulations related to their employees and compliance with the stated
law. The City of Buckeye retains the legal right to inspect the papers of any contractor or
subcontractor employee who is awarded a contract to ensure that the firm or subcontractor is
complying with the law.
Lawful Presence Requirement. Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Buckeye is
prohibited from awarding a contract to any natural person who cannot establish that such
person is lawfully present in the United States. To establish lawful presence, a person must
produce qualifying identification and sign a City-provided affidavit affirming that the
identification provided is genuine. This requirement will be imposed at the time of contract
award. This requirement does not apply to business organizations such as corporations,
partnerships or limited liability companies.
Protest Procedures. Firms wishing to respond to disqualification or a procurement outcome
may refer to The City of Buckeye Procurement Code, Section 24-3-17 which governs protest
procedures utilized throughout the selection process.
Suspension/Debarment. By submitting a proposal in response to this solicitation, the
respondent is certifying that it is neither debarred nor suspended nor under consideration for
suspension or debarment by any federal, state, or local government or agency. If a respondent
is not able to so certify, the respondent must submit a letter that identifies the agency involved
and a contact and explains why respondent is suspended, debarred, or being considered for
suspension or debarment.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
Questions. Questions pertaining to this selection process or contract issues should be directed
to Travis M. Stewart, Contracts Administrator at 623-349-6173 / t stewart@buckeyeaz.gov or
 Bonfire website. All questions relating to the RFQ must be
received no later than the deadline for questions as stated on the cover sheet of the RFQ.
Responses to questions that materially change the scope or intent of this SOQ will be issued via
addendum on the City of Buckeye
website. The City will not notify Respondents of posting of
addenda.
addenda. Failure to include acknowledgement of all addenda may be cause for rejection of the
proposal.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ATTACHMENT A-1
PAST PERFORMANCE QUESTIONAIRE

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PAST PERFORMANCE QUESTIONNAIRE
CONTRACT INFORMATION (To be completed by Contractor)
1. Contractor Information:
Firm Name:  
Address:
Phone Number:  
Email :  
Contact Name:  
Contact Phone:  
2. Work Performed as:
Prime Contractor
Sub Contractor
Joint Venture
Other (Explain):
3. Contract Information:
Contract Number: 
Contract Type:
Firm Fixed Price
Cost Reimbursement
Other (Please specify):
Contract Title: 
Contract Location:  
Award Date (mm/dd/yy):  
Contract Completion Date: 
Actual Completion Date :  
Explain Differences:
Original Contract Price (Award Amount):  
Final Contract Price (to include all modifications, if applicable) :  
Explain Differences:
4. Project Description:
Complexity of Work:
High
Med
Routine
How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements,
conditions, etc.)
CLIENT INFORMATION (To be completed by Client)
5. Client Information:
Name: 
Phone Number:  
Title: 
Email Address:  
6. Describe the client's role in the project:
Client Signature:
Date:

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR'S PERFORMANCE
RATING
DEFINITION
NOTE
(E ) Exceptional
Performance meets contractual requirements and exceeds
many to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with few minor problems for which
corrective actions taken by the contractor were highly
effective
An Exceptional rating is appropriate when the
contractor successfully performed multiple
significant events that were of benefit to the
Government/Owner. A singular benefit, however,
could be of such magnitude that it alone constitutes
an Exceptional rating. Also there should have been
NO significant weaknesses identified.
(VG) Very Good
Performance meets contractual requirements and exceeds
some to the Government/Owner's benefit. The contractual
performance of the element or sub-element being assessed
was accomplished with some minor problems for which
corrective actions taken by the contractor were effective
A Very Good rating is appropriate when the
Contractor successuflly performed a significant
event that was a benefit to the Government/Owner.
There should have been no significant weaknesses
identified.
(S) Satisfactory
Performance meets minimum contractual requirements. The
contractual prerformance of the element or sub-element
contains some minor problems for which corrective actions
taken by the contractor appear or were satisfactory
A Satisfactory rating is appropriate when there were
only minor problems, or major problems that the
contractor recovered from without impact to the
contract. There should have been NO significant
weaknesses identified. Per DOD policy, a
fundamental principle of assigning ratings is that the
contractors will not be assessed a rating lower than
Satisfactory solely for not performing beyond the
requirements of the contract.
(M) Marginal
Performance does not meet some contractual requirements.
The contractual performance of the element or sub-element
being assessed reflects a serious problem for which the
contractor has not yet identified corrective actions. The
contractor's proposed actions appear only marginally
effective or were not fully implemented.
A Marginal rating is appropriate when a significant
event occurred that the contractor had trouble
overcoming which impacted the
Government/Owner.
(U) Unsatisfactory
Performance does not meet most contractual requirements
and recovery is not likely in a timely manner. The contractual
performance of the element or sub-element contains serious
problem(s) for which the contractor's corrective actions
appear
or were ineffective.
An Unsatisfactory rating is appropriate when
multiple significant events occurred that the
contractor had trouble overcoming and which
impacted the Government/Owner. A singular
problem, however, could be of such serious
magnitude that it alone constitutes an
unsatisfactory rating.
(N) Not Applicable
No information or did not apply to your contract
Raiting will be neither positive nor negative.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PAST PERFORMANCE EVALUATION
(TO BE COMPLETED BY CLIENT)
1. QUALITY
a) Quality of technical data/report preparation efforts
E
VG
S
M
U
N
b) Ability to meet quality standards specified for technical performance
E
VG
S
M
U
N
c) Timeliness/effectiveness of contract problem resolution without extensive
customer guidance
E
VG
S
M
U
N
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on
performance)
E
VG
S
M
U
N
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed or
the schedule was not met, please address below)
E
VG
S
M
U
N
b) Rate the contractor's use of available resources to accomplish tasks
identified in the contract
E
VG
S
M
U
N
3. CUSTOMER SATISFACTION
a) To what extent were the end users satisfied with the project?
E
VG
S
M
U
N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes;
responsiveness to administrative reports, ommunication
)
E
VG
S
M
U
N
c) To what extent was the contractor cooperative,
with the interests of the customer?
, and concerned
E
VG
S
M
U
N
d) Overall customer satisfaction
E
VG
S
M
U
N
4. MANAGEMENT/PERSONNEL/LABOR
a) Effectiveness of on-site management of subcontractors, suppliers, materials,
and/or labor force?
E
VG
S
M
U
N
b) Ability to hire, apply, and retain a qualified workforce through this effort
E
VG
S
M
U
N
c) Government Property Control
E
VG
S
M
U
N
d) Knowledge/expertise demonstrated by contractor personnel
E
VG
S
M
U
N
e) Utilization of Small Business
E
VG
S
M
U
N
f) Ability to simultaneously manage multiple projects with multiple disciplines
E
VG
S
M
U
N
g) Ability to assimilate and incorporate changes in requirements and/or
priorit
, including planning, execution and response to Government change
E
VG
S
M
U
N
h) Effectiveness of overall management (including ability to effectively lead,
manage and control the program)
E
VG
S
M
U
N

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed
price(s)?
E
VG
S
M
U
N
b) Contractor proposed innovative alternative methods/processes that reduced
cost, improved maintainability or other factors that benefited the client
E
VG
S
M
U
N
c) If this is/was a Government cost type contract, please rate the Contractor's
timeliness and accuracy in submitting monthly invoices with appropriate back-
up documentation, monthly status reports/budget variance reports, compliance
with established budgets and avoidance of significant and/or unexplained
variances (under runs or overruns)
E
VG
S
M
U
N
d) Is the Contractor's accounting system adequate for management and
tracking of costs? If no, please explain in Remarks section.
Yes
No
e) If this is/was a Government contract, has/was this contract been partially or
completely terminated for default or convenience or are there any pending
terminations? Indicate if show cause or cure notices were issued, or any default
action in comment section below.
Yes
No
f) Have there been any indications that the contractor has had any financial
problems? If yes, please explain below.
Yes
No
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of
safety, adhere to its approved safety plan, and respond to safety issues?
(Includes: following the users rules, regulations, and requirements regarding
housekeeping, safety, correction of noted deficiencies, etc.)
E
VG
S
M
U
N
b) Contractor complied with all security requirements for the project and
personnel security requirements.
E
VG
S
M
U
N
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations
(including notifying COR, PM or Contracting Officer in a timely manner
regarding urgent contractual issues)
E
VG
S
M
U
N
b) Compliance with contractual terms/ provisions (explain if specific issues)
E
VG
S
M
U
N
c) Would you hire or work with this firm again? (if no, please explain below)
Yes
No
d) In summary, provide an overall rating for the work performed by this
contractor.
E
VG
S
M
U
N
Please provide responses to the questions above (if applicable) and/or additional remarks.
,
please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other
comments which may assistin evaluating performance risk. (please attach additional pages if necessary)
Client Signature:
Date:

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ATTACHMENT A-2
SCOPE OF WORK BY CATEGORY

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
The intent of this solicitation is to award a Job Order Contract to at least three (3) and no more
than five (5) separate Contractors in each category who will subsequently compete for
individual Job Orders for projects by providing a proposal as each project arises. Each Job Order
will be implemented by issuing a Delivery Order (DO) for the work. Each Job Order (DO) will be
a separate contract for construction. Individual Delivery Orders shall not exceed $2,000,000.00,
including all change orders. The scope of work for each project cannot be precisely defined at
this time, but the expectation is that the majority of Job Orders will be in the $50,000 to
$1,000,000 range. Projects delivered under the Job Order Contract will be restricted to the
services outlined in each category. Interested contractors will have the ability to show related
experience and a proven track record in projects of the same nature and magnitude. The
selected contractors will be expected to deliver turn key projects, including all permitting and
compliance with regulatory requirements. For any project determined by the City to be
appropriate for the Job Order Contract, the City will issue a Delivery Order Request for
Proposals (DORFP).
The City reserves the right to issue individual Job Orders by negotiating with the contractor that
scored as the most qualified under a JOC category. If negotiations fail, the City will go to the
next most qualified contractor for negotiations. The process is repeated until negotiations are
successful, or the JOC contractor list is expended. As individual Job Orders are issued in this
manner, negotiations will be initiated with the next most qualified contractor as each project is
identified. Projects will be rotated through all contractors under the JOC category to provide
equal opportunity for all contractors.
The City will receive proposals and execute individual Delivery Orders specifying the cost and
completion schedule for each project. Design services or post design services may be required
for some of the projects. The scope of work for design or post design services, when applicable,
will be defined by the City and included in each Delivery Order Request for Proposals. Any as-
builts required to be completed as part of the post design services will be specified.
The following work activities may be included in individual projects under each category. Not all
activities will be included in all projects. The activities are not inclusive of the work that may be
required on all projects. The successful contractors shall have experience, knowledge, and
ability to accomplish the following tasks but not limited to:
CATEGORY 1: STREET MAINTENANCE: PAVE, PATCH & MILL PROJECTS
May include but not limited to the following Services more particularly described in the
attached Street Maintenance Technical Specifications Manual (Attachment A-4):
Asphalt Milling
Meet Compaction and MAG Standards for Asphalt Breaks
Striping and Pavement Marking
Preparation of surfaces and Cleaning
Material Quality Control and Testing

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
Engineer Approved Mixes and Specifications
Traffic Control
Manhole/Utility Adjustments
Asphalt 
Patch 
After 
Underground 
Utility
Repairs Protection of Landscape and Adjacent
Property Community Outreach
CATEGORY 1: STREET MAINTENANCE: SEALING APPLICATION PROJECTS
May include but not limited to the following Services more particularly described in the attached
Street Maintenance Technical Specifications Manual (Attachment A-4):
Asphalt Emulsion Seal Coat-Master seal
Asphalt Emulsion Seal Coat-PMM
Asphalt Emulsion Seal Coat-Slurry Seal Type II
Equipment Required for Sealing Applications
Preparation of Surfaces and Cleaning
Protection of Landscape and Adjacent Property
Community Outreach
Traffic Control
Quality Control Standards and Testing
 CATEGORY 2: General Construction Services
1)
General building/site construction for various renovations, new building construction,
site enhancements, painting, project management, cost estimating and miscellaneous
improvements.
2)
Knowledge of and compliance with current City of Buckeye adopted codes and
inspection requirements.
3)
Simultaneous management of Subcontractors, project schedule and budgets through all
phases of construction.
4)
Design Services; Design services may be required for some work assignments. The
contractor shall use Arizona registered professional engineers to prepare and seal
construction documents.
5)
Obtain all necessary permits required to complete the project, including SWPPP, dust
control and all other permitting required to successfully complete the Delivery Order.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
6)
Show evidence of the appropriate Arizona State contractor license - Class B-01 General
Commercial Contractor or equivalent prior to submitting RFQ.
7)
Effectively managed on-site personnel meeting high quality and safety standards along
with effective public relations
8)
Provide rapid response to emergency work required. No minimum amount of work is
guaranteed. The City anticipates pricing individual job orders by obtaining proposals
from one or all Job Order Contractors, as outlined in the solicitation materials, as each
unique project arises. Appropriate payment and performance bonding per project shall
be required.
 CATEGORY 3: Road Construction Services
1) Ability to perform specific tasks associated with Road Construction to include:
PCCP Paving, Asphalt paving, Box Culverts, ADA Ramps, Road Reconditioning, Slurry
Seal, concrete Flatwork, Bank Protection, Retaining Walls, Turn Lanes, Utility Work, Bus
Pullouts, neighborhood Rehabilitation, Curb and Gutter, Drainage Structures, Roadway
excavation and Grading, Roadway widening, Guardrail fabrication and installation,
Striping and signage, Chip Seal and Traffic Control
2) Design Services; Design services may be required for some work assignments. The
contractor shall use Arizona registered professional engineers to prepare and seal
construction documents.
3) Permitting; Obtain all necessary permits required to complete the project, including but
not limited to; Engineering Off-site, haul route, stockpile, SWPPP, dust control, traffic
control plans, MCESD approval to construct, approval of construction.
4) Maintaining traffic control according to the approved traffic control plans.
5) Simultaneous management of multiple projects with multiple disciplines.
6) Effectively managed on-site personnel meeting high quality and safety standards along
with effective public relations
7) Provide rapid response to emergency work required.
 CATEGORY 4: Steel Building/Structure Construction Services
1) New steel building/structure constructions, renovations on existing buildings/structures,
project management, cost estimating and miscellaneous improvements.

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2) Knowledge of and compliance with current City of Buckeye adopted codes and
inspection requirements.
3) Simultaneous management of Subcontractors, project schedule and budgets through all
phases of construction.
4) Design Services; Design services may be required for some work assignments. The
contractor shall use Arizona registered professional engineers to prepare and seal
construction documents.
5) Obtain all necessary permits required to complete the project, including SWPPP, dust
control and all other permitting required to successfully complete the Delivery Order.
6) Show evidence of the appropriate Arizona State contractor license - Class B-01 General
Commercial Contractor or equivalent prior to submitting RFQ.
7) Effectively managed on-site personnel meeting high quality and safety standards along
with effective public relations
8) Provide rapid response to emergency work required. No minimum amount of work is
guaranteed. The City anticipates pricing individual job orders by obtaining proposals
from one or all Job Order Contractors, as outlined in the solicitation materials, as each
unique project arises. Appropriate payment and performance bonding per project shall
be required.

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ATTACHMENT A-3
JOC SELECTION CHECKLIST

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
JOC Categories
RFQ No.
Description
Category
2024193.1
Street Maintenance
Pave, Patch & Mill Projects
/ Sealing Application Projects
2024193.2
General Construction Services
2024193.3
Road Construction Services
2024193.4
Steel Building/Structure Construction Services

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
ATTACHMENT A-4
STREET MAINTENANCE TECHNICAL
SPECIFICATIONS MANUAL

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.2.3.1
EQUIPMENT........................................................................................................................2
2.2.3.2
MELTER APPLICATOR..........................................................................................................3
2.2.3.3
WEATHER............................................................................................................................3
2.2.3.4
CLEANING CRACKS..............................................................................................................3
2.2.3.5
APPLICATION...................................................................................................................... 3
2.2.3.6
INSPECTION........................................................................................................................ 4
2.2.7.1
PATCHING MATERIAL..........................................................................................................5
2.2.7.2
MATERIAL ACCEPTANCE..................................................................................................... 5
2.2.8.1
WEATHER LIMITATIONS......................................................................................................5
2.2.8.2
EQUIPMENT........................................................................................................................5
2.2.8.3
PREPARATION OF CRACKS.................................................................................................. 5
2.2.8.4
APPLICATION OF PATCHING MATERIAL:.............................................................................6
2.2.8.5
PAVEMENT  CLEANING AND PROTECTION......................................................................... 6
2.2.9.1
BASIS OF PAYMENT.............................................................................................................6

2.3.3.1
2.3.3.2
COMPOSITION OF  SLURRY SEAL MIXTURES.......................................................................7
TRAIL APPLICATIONS...........................................................................................................7
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.3.4.1
GENERAL.............................................................................................................................7
2.3.4.2
SELF CONTAINED SLURRY MACHINE(S).............................................................................. 7
2.3.4.3
SLURRY  SEAL SPREADING EQUIPMENT..............................................................................8
2.3.4.4
ROLLERS..............................................................................................................................8
2.3.4.5
CLEANING EQUIPMENT...................................................................................................... 8
2.3.4.6
AUXILIARY EQUIPMENT...................................................................................................... 8
2.3.5.1
CLEANING:.......................................................................................................................... 8
2.3.5.2
WATER FOGGING................................................................................................................9
2.3.8.1
JOINTS...............................................................................................................................10
2.3.8.2
LINES.................................................................................................................................10
2.3.8.3
HAND WORK.....................................................................................................................10
2.3.8.4
STOCKPILE AND CLEAN UP................................................................................................10
2.3.8.5
MATERIAL TESTING...........................................................................................................11

2.5.7.1
2.5.7.2
EVALUATION METHOD..................................................................................................... 18
PAYMENT  ADJUSTMENT FOR RIDEABILITY...................................................................... 19
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.5.9.1
PLACING............................................................................................................................21
2.5.9.2
JOINTS...............................................................................................................................22
2.5.9.3
LEVELING COURSE............................................................................................................ 22
2.5.9.4
COMPACTION  BASE AND SURFACE..................................................................................22
2.5.9.5
SMOOTHNESS...................................................................................................................23
2.5.9.6
ASPHALT CONCRETE OVERLAY......................................................................................... 23
2.5.9.7
PAVEMENT FABRIC INTERLAYER.......................................................................................24
2.5.10
QUALITY CONTROL:.......................................................................................................... 25
2.5.11.1
ACCEPTANCE CRITERIA................................................................................................. 25
2.5.11.3
SURFACE TESTING:........................................................................................................27
2.5.11.4
ASPHALT PAVEMENT THICKNESS..................................................................................27
2.5.11.5
DENSITY........................................................................................................................ 28
2.5.11.6
ENGINEERING ANALYSIS (EA)........................................................................................29
2.5.15.1
SCOPE........................................................................................................................... 31
2.5.15.2
CORE DRILLING DEVICE.................................................................................................31
2.5.15.3
ACCESSORY EQUIPMENT.............................................................................................. 31
2.5.15.4
PROCESS........................................................................................................................32
2.6.2.1
AGGREGATE......................................................................................................................33
2.6.2.2
ASPHALT-RUBBER BINDER................................................................................................33

2.5.7.1
2.5.7.2
EVALUATION METHOD..................................................................................................... 18
PAYMENT  ADJUSTMENT FOR RIDEABILITY...................................................................... 19
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.6.2.3
MIX DESIGNS.....................................................................................................................33

2.6.2.4
CALIBRATION FACTORS.....................................................................................................34
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.6.4.1
LIME WATER..................................................................................................................... 35
2.6.4.2
QUALITY  CONTROL AND ACCEPTANCE............................................................................ 36
2.6.4.3
ADJUSTMENTS..................................................................................................................36
2.8.3.1
RUBBER ASPHALT BINDER (RAB) -  TERMINAL BLEND......................................................37
2.8.3.2
RUBBER ASPHALT BINDER (RAB) - FIELD BLEND...............................................................38
2.8.4.1
ASPHALT BINDER.............................................................................................................. 41
2.8.4.2
STONE CHIPS.....................................................................................................................42
2.8.5.1
CONSTRUCTION METHODS...............................................................................................42

2.8.5.2
APPLICATION OF BITUMINOUS MATERIAL:......................................................................43
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.8.5.3
APPLICATION OF COVER MATERIAL..................................................................................44
2.8.5.4
ROLLING............................................................................................................................44
2.8.5.5
JOINTS...............................................................................................................................45
2.8.5.6
SURPLUS AGGREGATE REMOVAL:.................................................................................... 45
2.8.5.7
DISTRIBUTING EQUIPMENT..............................................................................................45
2.8.5.8
SAND BLOTTER..................................................................................................................46
2.8.5.9
PERFORMANCE.................................................................................................................46
2.8.5.10
CLEANUP.......................................................................................................................46
2.9.4.1
GENERAL...........................................................................................................................47
2.9.4.2
DISTRIBUTING EQUIPMENT..............................................................................................47
2.10.4.1
GENERAL.......................................................................................................................51

2.8.5.2
APPLICATION OF BITUMINOUS MATERIAL:......................................................................43
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.10.4.2
DISTRIBUTING EQUIPMENT.......................................................................................... 52

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.11.4.1
GENERAL.......................................................................................................................55
2.11.4.2
DISTRIBUTING EQUIPMENT.......................................................................................... 55
2.12.4.1
GENERAL.......................................................................................................................58
2.12.4.2
DISTRIBUTING EQUIPMENT.......................................................................................... 58

1
JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
2.13.4.1
GENERAL.......................................................................................................................61
2.13.4.2
DISTRIBUTING EQUIPMENT.......................................................................................... 61
2.14.2.1
STRIPING:......................................................................................................................63
2.14.2.2
PAINT............................................................................................................................ 63
2.14.3.1
APPLICATION TOLERANCES...........................................................................................64
2.14.4.1
GENERAL.......................................................................................................................65
2.14.4.2
STRIPING EQUIPMENT.................................................................................................. 65
2.14.4.3
OTHER EQUPMENT.......................................................................................................65

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
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Contract No. 2025081
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Contract No. 2025081
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Contract No. 2025081
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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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..
Table 1: New Construction Rideability Adjustment Schedule
IRI (inches per mile)
PERCENT ADJUSTMENT
:S 50
+10
51 - 60
+05
61 - 80
0
81 - l 00
-05
101 -110
-10
111 - 120
-25
>120
RxR Required
NOTES:
All IRI values will be rounded to the nearest whole number. (Example: 75.5 shall
be rounded to 76.) "RxR Required" is the Removal and Replacement of the
defective area.
Figurel:
Overlay Rideability Adjustment Schedule
150
 
>
0
G>
,t::
Q"';
30
0
20
40
60
80
100
120
140
160
180
200
220
240
260
280
300
320
340
360
380
IRI Before Overlay
Note: 1 For initial IRI below 120, the smoot h specification is the same as that for new pavement construction
2. For initial IRI above 220, profile milling is mandatory and will be a pay item.
3. For initial IRI between 120 and 220, profile milling will not be a pay item.
Removal
140
Removal
-25%
130
­10%
120
­25%
110 +­­  ­  ­  ­  ­­­,i.....­  ­  ­ ­
-1 0%
100
-5%
90
­ ­
­ ­­­
-5%
­5%
0%
80
0%
+5%
7 0
0%
+5%
60
+10%
+5%
50
+10%
+10%
40

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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Contract No. 2025081
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Contract No. 2025081
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Contract No. 2025081
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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC

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SOLICITATION AMENDMENT
RFQ NO. 2024193
CITY OF BUCKEYE
AMENDMENT NO. 1
NOTE: Attach to the Request for Qualifications (RFQ). However, if the Statement of Qualifications
(SOQ) has already been submitted, complete this Amendment and return for attachment
to your SOQ no later than 3:00 PM, June 17, 2024.
City of Buckeye
Attn: Travis Stewart, Contracts Administrator
Finance Department
tstewart@buckeyeaz.gov
SOLICITATION: RFQ NO. 2024193
REQUEST FOR
QUALIFICATIONS JOB ORDER CONTRACTING (JOC) GENERAL
Last Day for Questions: June 10, 2024, no later than 3:00 PM local time
SOQ Due Date and Time: June 17, 2024, no later than 3:00 PM local time
NOTICE TO CONTRACTORS:
This Amendment forms a part of the Contract and clarifies, corrects, or modifies the original
Request for Qualifications documents prepared by the City of Buckeye.
The balance of the specifications and instructions remain the same. Offeror must acknowledge
receipt and acceptance of this Amendment by returning the attached Solicitation Amendment A
cknowledgement Page with the SOQ.
Q uestions from Contractors:
Q1. Section 4 Submittal Requirements specifies that there is a one (1) page limit for the cover
letter and two (2) page limit for the financial information. Can additional pages be submitted for
financial information if needed?
A1. The cover letter will be limited to one (1) page. Financial information can be provided as an
appendix to the submittal without any page limitations.
Q2.
Past Performance Questionnaire that once signed prevents the submittal from being a searchable

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JOC ­ General Category 1: Street Maintenance
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The Past Performance Questionnaires can also be submitted as a separate file. The solicitation
has been setup to allow for submission of multiple files.
Q3. Can you please clarify what you are looking for in Tab A, Item No. 2 Muliple Award JOC
Contracts with Public Entities. (City, State, School District, County)?
A3. This is to show any experience with Multiple Award JOC Contracts, current or previous, that
a contractor may have with public entities of any kind. The contracts would not necessarily
need to be of the same type of work as the category the contractor is providing a submission
for. It is show contractor experience performing work under similar types of contract.
Q4. Can you please clarify what you are looking for in Tab C, Item (b) Project Assignment (i.e.
current project assignment, previous project assignment, or other)?
A4. It would be projects the person worked on, current or previous, where the type of work
performed is similar to the JOC category in question or where the person was in a similar role
they would be under this JOC.
Q5. Will the City of Buckeye share forecast spending by each of the defined categories for the
proposed period of the JOCs?
A5. The City of Buckeye has not fully defined the spending forecast for each category at this
time. The potential usage has been set at $6 million a year per contractor per category with a
limit of $2 million for project.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PLEASE ACKNOWLEDGE YOUR FIRM S RECEIPT OF THIS AMENDMENT BY SIGNING THE
ATTACHED SOLICITATION AMENDMENT ACKNOWLEDGEMENT.
SOLICITATION AMENDMENT ACKNOWLEDGEMENT
SOLICITATION: RFQ NO. 2024193
JOB ORDER CONTRACTING (JOC) GENERAL
AMENDMENT NUMBER 1
AMENDMENT ISSUE DATE: June 3, 2024
Offeror certifies that Offeror has read, understands, and will fully and faithfully comply with this
Request for Qualifications, its attachments and any referenced documents. Offeror also certifies
that this SOQ was independently developed without consultation with any of the other
Submitters or potential Submitters.
Name of Company:      
Authorized Signature:  
Print Name and Title:  
Date:
 
Address:
 
City, State, Zip Code:    
Telephone Number:
 
Email Address:

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
SOLICITATION AMENDMENT
RFQ NO. 2024193
CITY OF BUCKEYE
AMENDMENT NO. 2
NOTE: Attach to the Request for Qualifications (RFQ). However, if the Statement of Qualifications
(SOQ) has already been submitted, complete this Amendment and return for attachment
to your SOQ no later than 3:00 PM, June 17, 2024.
City of Buckeye
Attn: Travis Stewart, Contracts Administrator
Finance Department
tstewart@buckeyeaz.gov
SOLICITATION: RFQ NO. 2024193
REQUEST FOR
QUALIFICATIONS JOB ORDER CONTRACTING (JOC) GENERAL
Last Day for Questions: June 10, 2024, no later than 3:00 PM local time
SOQ Due Date and Time: June 17, 2024, no later than 3:00 PM local time
NOTICE TO CONTRACTORS:
This Amendment forms a part of the Contract and clarifies, corrects, or modifies the original
Request for Qualifications documents prepared by the City of Buckeye.
The balance of the specifications and instructions remain the same. Offeror must acknowledge
receipt and acceptance of this Amendment by returning the attached Solicitation Amendment A
cknowledgement Page with the SOQ.
Q uestions from Contractors:
Q1. In Tab A Project Experience, it states that all projects must have been completed within the
last five (5) years. Does this exclude projects that are currently in progress?
A1. Tab A is meant to reflect projects that have been completed. This gives the City a better
idea of a Contractor s experience through the entirety of a project. Projects that are currently
in progress can be listed under the current backlog/project list.
Q2. Past Performance Questionnaire, it states that the project owner must fill out the form. Are
we allowed to list City of Buckeye projects and project owners?
A2. Yes, projects completed for the City of Buckeye reflect experience working with City
personnel and at locations within the City.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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Q3. The proposed method of file naming the PDF results in an inability to save the file. Could we
shorten the proposed file name and remove symbols that prevent saving such as / and & ?
A3. Yes, the original intention was for the file name to include the RFQ number and/or name
and contractor name. File names can be shortened. The City is only requesting that the file
name include the RFQ number and contract name, which can be abbreviated. Examples: RFQ
2024193 ABC Const, RFQ 2024194 ABC Inc, 2024193 ABC and 2024194 ABC Inc.
Q4. Do you want this (Tab A: Item 2) added as its own page after my projects appear since it is a
list?
A4. Item 2 is intended to be examples of the types of projects that can be included in Tab A. If a
contractor has projects that fit this category, then this shows experience with similar types of
contracts. This should be added as another project in this section if the contractor chooses to
include it as a project.
Q5. Do you just need the rate for the Experience Modification Rate (EMR), or do you require a
letter from our Insurance Carrier?
A5. The City is only requesting the rate at this time.
Q6. For showing the evidence of the appropriate Arizona State contractor license, can this be put
on the Financial information page?
A6. Yes, this information can be included on the cover letter or financial information page.
Q7. Additional clarification on requested Financial Information:
1. Financial Capacity/Bonding/Insurance
2. Total Bonding Capacity
Single Limit and Aggregate Limit
3. Current Backlog/Project List
4. Insurance Provider Rating
A7. Items 1-3 have been requested to be documented/verified by your surety or insurance
carrier. This can be done via a one (1) page letter from your surety or insurance carrier. Item 1
Financial Capacity/Bonding/Insurance: this item is more of a general status of your company
with your surety or insurance carrier. Is the company in good standing? Are there any
outstanding claims that may affect future work? Item 2
Total Bonding Capacity: this item is to
provide a view of your company s current limits, single and aggregate. If there is no aggregate
limit then the limit can be  reflected  as N/A  or  no limit. Item 3
Current Backlog/Project List:
this information can be included as an attachment to the above information. Item 4
Insurance
Provider Rating: A rating from one of the websites (e.g. A.M. Best, Moody s, S&P, etc.) is
sufficient. There is no requirement to obtain anything officially from the insurance provider
specifying the rating.

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JOC ­ General Category 1: Street Maintenance
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Q8. What is the maximum total page count for the SOQ?
A8. There isn t a maximum page count. There are sections that have page limitations. There are
also sections where the page limit is dependent on the information provided (Tab A and B are
dependent on the number of projects presented by a contractor). The City has also removed
the page limitation on the Financial Information section.
Q9. Are contractors required to provide a Certificate of Insurance with their submission?
A9. No, the City will be requesting a Certificate of Insurance to those contractors awarded
under each JOC category.
*REMINDER: All questions received to date should have been addressed between Amendment
No. 1 and 2. If there is a question that hasn t been addressed, please reach out to the Contracts
Administrator for this solicitation.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PLEASE ACKNOWLEDGE YOUR FIRM S RECEIPT OF THIS AMENDMENT BY SIGNING THE
ATTACHED SOLICITATION AMENDMENT ACKNOWLEDGEMENT.
SOLICITATION AMENDMENT ACKNOWLEDGEMENT
SOLICITATION: RFQ NO. 2024193
JOB ORDER CONTRACTING (JOC) GENERAL
AMENDMENT NUMBER 2
AMENDMENT ISSUE DATE: June 5, 2024
Offeror certifies that Offeror has read, understands, and will fully and faithfully comply with this
Request for Qualifications, its attachments and any referenced documents. Offeror also certifies
that this SOQ was independently developed without consultation with any of the other
Submitters or potential Submitters.
Name of Company:      
Authorized Signature:  
Print Name and Title:  
Date:
 
Address:
 
City, State, Zip Code:    
Telephone Number:
 
Email Address:

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
SOLICITATION AMENDMENT
RFQ NO. 2024193
CITY OF BUCKEYE
AMENDMENT NO. 3
NOTE: Attach to the Request for Qualifications (RFQ). However, if the Statement of Qualifications
(SOQ) has already been submitted, complete this Amendment and return for attachment
to your SOQ no later than 3:00 PM, June 17, 2024.
City of Buckeye
Attn: Travis Stewart, Contracts Administrator
Finance Department
tstewart@buckeyeaz.gov
SOLICITATION: RFQ NO. 2024193
REQUEST FOR
QUALIFICATIONS JOB ORDER CONTRACTING (JOC) GENERAL
Last Day for Questions: June 10, 2024, no later than 3:00 PM local time
SOQ Due Date and Time: June 17, 2024, no later than 3:00 PM local time
NOTICE TO CONTRACTORS:
This Amendment forms a part of the Contract and clarifies, corrects, or modifies the original
Request for Qualifications documents prepared by the City of Buckeye.
The balance of the specifications and instructions remain the same. Offeror must acknowledge
receipt and acceptance of this Amendment by returning the attached Solicitation Amendment A
cknowledgement Page with the SOQ.
Q uestions from Contractors:
Q1. On page 6 of the RFQ for Job Order Contracting (JOC) General, you ask for a Current
Backlog/Project List. Is this a list of backlog projects that are bonded? Or all backlog?
A1. This is a list of all backlog projects that are bonded.
Q2. I would just like confirmation that the org chart can be an 11 x 17 page?
A2. Yes,
Q3. Page 4 Section 2 - 
subsequently compete for individual Job Orders (Delivery Orders) for projects by providing a

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
Does this mean that ALL projects procured under this contract will be bid amongst ALL
contractors holding that category of this contract?
A3. No, the City has the option to award individual Job Orders through two methods. The City
of Buckeye reserves the right to issue individual Job Orders (Delivery Orders) for projects either
by requesting proposals from all contractors under a particular JOC category through a Delivery
Order Request for Proposal (DORFP) or through direct negotiations with a contractor based off
the next most qualified contractor as each project is identified and awarded. The idea is for all
contractors, under each category, to have equal opportunity for projects, to the extent
reasonably practicable.
Q4. Page 4 Section 2 - 
individual Job Orders by negotiating with the contractor that scored as the most qualified under a
JOC category.:
A4. All submittals received in a category will be evaluated and scored by an evaluation panel
after the solicitation due date. Those contractors that are awarded under a category will be
identified as qualified contractors for that category and ranked based off their evaluation
scores. The contractor that
How will the City handle this if all projects are being bid amongst all the contractors in that
category and then being negotiated with the most qualified?
A5. The City will select which method will be utilized to award an individual Job Order as each
project is identified. Projects bid amongst all contractors in a category provide equal
opportunity for all contractors to be awarded those opportunities.
Projects negotiated directly with contractors based off qualifications will be awarded on a
round-robin method. The initial project will be negotiated with the contractor identified as the
most qualified. If negotiations are unsuccessful, the City will go to the next most qualified
contractor. The process will continue until negotiations are successful or the contractor list is
exhausted. If negotiations are successful with a contractor for a project, then negotiations will
be initiated with the next most qualified contractor for the following project utilizing this
method. This process will continue as new projects are identified. The idea is for the City to
rotate projects through all contractors under a category to provide equal opportunity as
practicable.
Q6. If we are interested in certain tasks under a category do we note that in the cover letter or
will additional categories be added?
Q5. Page 4 Section 2 -

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
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A6. Contractors should have experience in all tasks in the categories they have interest in. If
there are areas a contractor specializes in, that can be identified in the cover letter. Additional
categories will not be added to this solicitation. The City may solicit additional JOC categories in
the future.
Q7. On page 20 of the RFQ, Category 4: Steel Building/Structure Construction Services, bullet
point 1 states renovations on existing buildings/structures. Does this include non-steel structure
renovations and repairs? I.e. concrete repairs to mezzanines
A7. This can include renovations and repairs for non-steel buildings/structures. Depending on
the type of work needed to be completed it would fall under Category 2: General Construction
Services or Category 4: Steel Building/Structure Construction Services.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
PLEASE ACKNOWLEDGE YOUR FIRM S RECEIPT OF THIS AMENDMENT BY SIGNING THE
ATTACHED SOLICITATION AMENDMENT ACKNOWLEDGEMENT.
SOLICITATION AMENDMENT ACKNOWLEDGEMENT
SOLICITATION: RFQ NO. 2024193
JOB ORDER CONTRACTING (JOC) GENERAL
AMENDMENT NUMBER 3
AMENDMENT ISSUE DATE: June 10, 2024
Offeror certifies that Offeror has read, understands, and will fully and faithfully comply with this
Request for Qualifications, its attachments and any referenced documents. Offeror also certifies
that this SOQ was independently developed without consultation with any of the other
Submitters or potential Submitters.
Name of Company:      
Authorized Signature:  
Print Name and Title:  
Date:
 
Address:
 
City, State, Zip Code:    
Telephone Number:
 
Email Address:

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
EXHIBIT C
TO
JOB ORDER CONTRACT FOR
STREET MAINTENANCE
BETWEEN
CITY OF BUCKEYE
AND
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC
[INSURANCE AND BONDS]
SEE FOLLOWING PAGES

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
INSURANCE
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 subconsultants shall procure and maintain until all of their
obligations have been 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, and broad form contractual liability and XCU coverage.
General Aggregate
$2,000,000
Products-Completed Operations Aggregate
$2,000,000
Personal & Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
             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 
(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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
             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   
 
hired or borrowed by the 
(b) Workers Compensation and Employers Liability
Workers Compensation
 Statutory
Each Accident
$ 1,000,000
Disease-Each Employee
$ 1,000,000
Disease-Policy Limit
$ 1,000,000
The policy shall contain a waiver of subrogation against the City of Buckeye.
(c) Professional Liability
Each Claim
$2,000,000
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
years past completion and acceptance of the Work or services required by
this Contract.
(iii)
Should the Contract include the services of design as an integral part of
the work, any professional liability shall specifically delete any design-
build or
design-build delivery of the Project.
(d) U mbrella/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,
Automobile Liability, and Employe 
(e) A dditional 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.

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Contract No. 2025081
M. R. Tanner Development and Construction, LLC
(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) 
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
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:
William Kauppi
Chief Financial Officer, Finance
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
(h) Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
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) V erification 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

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
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, Contracts Manager. 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) Approval, disapproval or failure to act by the 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.

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JOC ­ General Category 1: Street Maintenance
Contract No. 2025081
M. R. Tanner Development and Construction, LLC
BONDS
 Bonds  and Other Performance Security.
Contractor shall provide the following performance
bond and labor and material payment bond:
1.
Prior to execution of the each Contract for construction services, the Contractor must
provide a performance bond and a labor and materials bond, each in an amount equal
to the amount of the initial Contract Price designated for construction services set forth
in the Contract.
a.
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.
b.
The bonds shall be made payable and acceptable to the City of Buckeye.
c.
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.
2.
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.
3.
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.