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HomeMy WebLinkAboutC2019-006S2 Contract No. 2019-006S2 JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CARUME CONTRACTING QUALITY CONSTRUCTION LLC THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of March 19, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Carume Contracting Quality Construction LLC, a(n) Arizona limited liability company (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, CS2019-006, Construction Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction and related services. B. The Contractor submitted a Statement of Qualifications(the"SOQ")in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Construction Services (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four(one)year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Construction Services within the scope of this Contract as Town 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 will generally include Design Services and where Design Services are necessary, Town will contract for those services separately. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. There may be multiple Projects, and, therefore, multiple Job Orders, under this Contract. 2.2 Non-Exclusive Contract. Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. In addition, as to any Job Order, Town may elect to have Design Services provided by Town's internal 1 I consultants or by independent Design Professionals. Such action by Town shall not constitute a breach or otherwise violate this Contract. 2.3 No Obligation for Town. This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. This Contract is for a broad range of maintenance,repair and minor construction work on real property. The scope of this Contract will be to provide construction services, including minor associated incidental design services, for a broad range of Town renovation and construction projects and will include a variety of trades as set forth on Exhibit B. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12)month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town,unless Contractor explains,in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 2.6 Job Order Format. Each Job Order shall be in the form attached as Exhibit C hereto and shall not be effective or binding until fully executed by all parties. 2.7 Job Order Development. The general steps for development of a Job Order are: A. When Town identifies a need for performance of a Project under a Job Order,Town will issue a request to Contractor and also advise Contractor of the nature of the Work to be done. At the same time, Town will advise the Contractor if Design Services are required and how those services will be provided. Within two (2) working days of receipt of this notification, or such other time as set by Town, Contractor will: (i) Visit the proposed site of the Project with Town designated representatives; and (ii) Arrange with Town to further define the scope of the needed Project. 2 B. Contractor will 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. C. Town will arrange for any needed Design Services to produce the Drawings and Specifications, with a copy to Town and a copy to Contractor. Design Services will not begin until the scope of Design Services is approved by Town. The Drawings and Specifications developed as part of the Design Services are subject to approval by Town. If there are no Design Services required for a specific Job Order,Town will develop Drawings and Specifications consisting of a line drawing and a written description of the contemplated Work. D. Upon establishment of the scope of Work needed for a Project, Contractor will prepare its proposal for accomplishment of the Project under either a Fixed Price or a Guaranteed Maximum Price (GMP), as in a form and substance determined by Town. GMP (Open Book) pricing shall consist of direct job cost, project-specific general conditions, general and administrative cost, profit, Bond cost and sales tax will be added to Open Book pricing for total Job Order Cost. 2.8 Issuance of Job Orders. The Town Representative will compare the Contractor's Job Order Proposal with Town's estimate, schedules and other requirements, and then, if the Town Representative determines it is in the best interest of Town, arrange a meeting with Contractor, at which time the Contractor's Job Order Proposal will be discussed and negotiated. If the Town Representative determines that it is in the best interest of Town, Town shall then issue a completed Job Order, in the form attached as Exhibit C, to Contractor for execution. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall be responsible for coordinating the performance of the Work with the Project Engineer, Project Manager, Engineering Department and other departments or agencies within Town, the design professionals and other contractors involved in the Project. Contractor shall also cooperate with Town in communicating with, 3 obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3. Inspection/Reporting. Before starting the Work, the Contractor shall carefully study and compare the various plans, drawings, other Contract Documents, and Specifications relative to that portion of the Work, as well as the information furnished by Town, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to Town in such form as Town may require. The Contractor shall be liable to Town for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions in the Contract Documents if the Contractor, with the exercise of reasonable care should have recognized such error, inconsistency, omission or difference and fails to report it to Town. The exactness of grades, elevations, dimensions, or locations given on any Drawings, or the work installed by other contractors, is not guaranteed by Town. The Contractor shall,therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor's failure to so verify all such grades, elevations, locations or dimensions shall be promptly rectified by the Contractor without any increase in the Contract Price.Any design errors or omissions noted by the Contractor during this review shall be reported promptly to Town, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.4. Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town,has been executed by Town prior to starting the additional work;on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples,product data, shop drawings on all materials, systems and equipment to be incorporated into the Work. 4 C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation,or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work or effectuate any change that requires a written change order. The use of e-mails is for information only, and e-mails will have no legal or binding effect. 3.5. Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town(the"Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract, for the Project, for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress Payments. A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, 5 as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer,Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items)and accepted by Town and Engineer;(ii)necessary operating manuals,any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as-built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met;and(v)Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time set forth in Exhibit B (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to 6 Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town)shall be deemed acceptance or approval of the Work or as a waiver of any claims,rights, or remedies of Town. 4.6. Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor,materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set 7 forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards,Warranties and Correction of Work. All materials and other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work(or at such earlier time as requested by Town),Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an"Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims(or actions in respect thereof)are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 8 business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name,to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a"claims made"basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with 9 respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO")Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. 10 (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents,representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 11 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement,the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor,or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage,payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV.STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations 12 by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision,the Town shall be entitled,in addition to any other rights and remedies,to recover and withhold from the Contractor an amount equal to 150%of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIz. CONST. ART. IX, § 5 and ARIz. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town,payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7. Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8. Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work 13 as set forth in Section 2 above and in Exhibit B. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 14 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses,determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity,the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,registered or certified, return receipt requested,to the address set forth below or(C)given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager 15 With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Carume Contracting Quality Construction LLC P.O. Box 17297 Fountain Hills, Arizona 85268 Attn: Thomas Hulme or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant 16 to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ.REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor 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 Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms,unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then-current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature, prior to the end of the then-current term. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation V Grady E. Mil r, To Manager ATTEST: Elizabeth A. e, Town Clerk APPROV AS TO FORM: aron D. Arnson, own Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On l Y l(AJLGh Z-(P, 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,and acknowledged that he si ned the above document,on behalf of the Town of Fountain Hills. �..�.. ...�...r. OFFICIAL SEAL PATRICIA dO TOAL • Commission#521340 r� r Notary Public-State of Arizona feAiyia_ck. 40s MARICOPA COUNTY - My comm.expires Dec.8,2020 Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGES] 18 • "Contractor" CARUME CONTRACTING QUALITY CONSTRUCTION LLC, a(n)Arizona limited liability company By: 2;1 ,4 /ONt L Hu/n--i— Name:Ca tar,� CoRTcac7jo7 t'9aitl!y Cans7rQCTio/1, /2G, Title: Oh)/1/er (ACKNOWLEDGMENT) STATE OF O r'i iLc.\ ) n� ) ss. COUNTY OF l Y) Gam!COD94. ) On (v`Gv'e 4 S ,2019, before me personally appeared the of CARUME CONTRACTING QUALITY CONSTRUCTION LLC, a(n) Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. L Notary PubNc-A co date ofu Ariz" Not ub l i c .- MARICBPNTY 4' ,y Commission 0 549570 _ t''D� � jlye f'2022 19 EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CARUME CONTRACTING QUALITY CONSTRUCTION LLC [SOQ] See following pages. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. FOUNTAIN HILLS AZ 85268 CELL:480-797-1648 32deltamike@msn.com January 5, 2019 TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS,AZ 85268 Dear Town of Fountain Hills Throughout Carume Contracting Quality Construction,LLC. ( CCQC LLC)has contributed to positive business results through effective organization, prioritization,and follow through of key organizational projects. Our strengths and qualifications are an ideal match to the towns requirements and will bring immediate value to the town of fountain hills. In our former Bel Agave and prior subdivision/projects role,CCQC LLC exercise a calculated and methodical approach to problem solving.While we are independently motivated,we appreciate collective efforts and collaborate productively within group settings. Moreover,we are competent in grading and paving with proficiency in underground wet and dry utilities. This opportunity is especially exciting as CCQC LLC professional goals align with the Town of Fountain Hill's mission and values. Further,our decision-making,delegation,and leadership abilities will serve to support your continued organizational efforts. To illustrate the scope of CCQC LLC career history and professional competencies, please take a moment to review our enclosed job history. We are grateful for your evaluation of our credentials and subsequent response. /4144 Sin Y,Tom Hulme Carume Contracting Quality Construction, LLC. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. P.O. BOX 17297 �+ARUME CO/vvR4C7-- FOUNTAIN HILLS AZ C ao4r/YCONSTRvCT/gy4.4c 85269 tAN PHONE:480-837-91907 CELL:480-797-1648 E-MAIL:32deltamlke@msn.com 1rXMTNNN/LLS.AI 4dChI 3.z9/90 DATE: 1/05/2019 RE:CS2019-006 Projects started and completed in the last five years TO:Town of Fountain Hills FROM:Carume Contracting Quality Construction, LLC. 1. EPCOR WATER COMPANY: FOUNTAIN HILLS AND PARADISE VALLEY WATER MAIN AND SERVICE REPLACEMENTS FOR THE LAST TEN YEARS. CONTACT DON LONG EPCOR WATER 602-463-7834 2.THE PLACE ATJENTILLY:36 TOWN HOMES IN TEMPE AZ.CONTRACT$525,000.00 START 12-2014 FINISH 9-2015.WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION.DEVELOPER MPC JENTILLY, LLC. CONTACT: MIKE NUESSLE 602-510-3688 3.THE PLACE AT ARROWHEAD:76 TOWN HOMES IN PHOENIX AZ.CONTRACT$990,133.67 START 4-2015 FINISHED 6-2016 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ARROWHEAD, LLC.CONTACT MIKE NUESSLE 602-510-3688 4.PALM VISTA BAPTIST CHURCH SURPRISE AZ.CONTRACT$238,210.00 START 8-2014 FINISHED 3-2015 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR:SPURR CONSTRUCTION.CONTACT DAN SPURR 602-840-2244 5.THE PLACE AT ALMA SCHOOL 76 TOWN HOMES CHANDLER AZ.CONTRACT$875,514.75 START 6-2015 FINISHED 2-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ALMA SCHOOL, LLC CONTACT MIKE NUESSLE 602-510-3688 6.STAGECOACH TRAIL 106 RESIDENTIAL HOMES APACHE JUNCTION AZ. CONTRACT$1,700,000.00 START 8-2019 FINISHED 9-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER STAGECOACH DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 7. BEL AGAVE 102 RESIDENTIAL HOMES APACHE JUNCTION AZ. CONTRACT$1,920,000.00 START 8-2016 FINISHED 2-2018 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER BEL AGAVE DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 8. RIGGS AND RECKER RV STORAGE QUEEN CREEK AZ.CONTRACT$463,917.27 START 11-2017 FINISHED 3-2018 WORK PREFORMED PARCEL HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR BELL BUILDING GROUP, LLC.CONTACT JAMES BELL 602-663-8239 9.VI @ GREYHAWCK SCOTTSDALE AZ. UNDER CONSTRUCTION CONTRACT$600,000.00 START 11-2018 HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR: PIMMEX CONTRACTING CORP.CONTACT DANNY BOWERMAN 602-826-8249 I TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2019-006 IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix 1 and Appendix 2, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. 27-2097510 VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER TOM L HULME OWNER v� 1� --- PRINTED NAME AND TITLE AUTHORIZED SIGNATURE PO BOX 17297 480-837-9190 ADDRESS TELEPHONE FAX# FOUNTAIN HILLS AZ. 85269 1-05-2019 CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: 32deltamike(a msn.com ROC License Numbers and Classifications: A264505 B264503 B-2 264504 SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes, please provide details and documentation of the certification. 945164 3 iv GENERAL INFORMATION CARUME CONTRACTING QUALITY CONSTRUCTION, LLC PHYSICAL ADDRESS OF BUSINESS: 13229 N.VERDE RIVER DR. FOUNTAIN HILLS AZ.85268 MAILING ADDRESS OF BUSINESS: PO BOX 17297 FOUNTAIN HILLS AZ.85269 I AM A LIMITED LIABILITY COMPANY FORMED IN ARIZONA 9-08-2009 I HAVE BEEN IN BUSINESS FOR 35 YEARS I AM THE SOLE OWNER OF THE BUSINESS WE SPECIALIZE IN ALL HORIZONTAL CONSTRUCTION WHICH IS GRADING,UNDERGROUND SEWER, WATER,STORM DRAIN, ELECTRICAL CONDUITS,CURB,GUTTER,SIDEWALKS AND PAVING. WE CURRENTLY HOLD A CONTRACT WITH THE TOWN OF FOUNTAIN HILLS FOR STORM WATER CLEAN-UP. I CURRENTLY HOLD LICENSE ROC B 264503 GENERAL RESIDENTIAL ROC B-2 264504 SMALL COMMERCIAL ROC A264505 GENERAL ENGINEERING ALL ISSUED IN 2009 WHEN I BECAME A LLC. TRAVIS HULME SUPERINTENDENT 12 YEARS EXPERIENCE WILLIE PRESNELL FORMAN 12 YEARS EXPERIENCE CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. FOUNTAIN HILLS AZ 85268 CELL:480-797-1648 32deltamike(a)msn.com January 5,2019 TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS,AZ 85268 Dear Town of Fountain Hills Throughout Carume Contracting Quality Construction, LLC.(CCQC LLC) has contributed to positive business results through effective organization, prioritization,and follow through of key organizational projects. Our strengths and qualifications are an ideal match to the towns requirements and will bring immediate value to the town of fountain hills. In our former Bel Agave and prior subdivision/projects role,CCQC LLC exercise a calculated and methodical approach to problem solving.While we are independently motivated,we appreciate collective efforts and collaborate productively within group settings. Moreover,we are competent in grading and paving with proficiency in underground wet and dry utilities. This opportunity is especially exciting as CCQC LLC professional goals align with the Town of Fountain Hill's mission and values. Further,our decision-making,delegation, and leadership abilities will serve to support your continued organizational efforts. To illustrate the scope of CCQC LLC career history and professional competencies,please take a moment to review our enclosed job history.We are grateful for your evaluation of our credentials and subsequent response. /�// , Sincerely,Tom Hulme Carume Contracting Quality Construction, LLC. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. P.O. BOX 17297 ROE CONTR4cr, FOUNTAIN HILLS AZ G AR ycONSTRVCT/gy yG 85269 wherry A�� <c. Jr- PHONE:480-837-9190 —� `� f�l CELL:480-797-1648 -;;__0 E-MAIL: 32deltamike@msn.com RAIAVTNNHILLS.AI 4:0437-9/90 DATE:1/05/2019 RE:CS2019-006 Projects started and completed in the last five years TO:Town of Fountain Hills FROM:Carume Contracting Quality Construction, LLC. 1. EPCOR WATER COMPANY: FOUNTAIN HILLS AND PARADISE VALLEY WATER MAIN AND SERVICE REPLACEMENTS FOR THE LAST TEN YEARS.CONTACT DON LONG EPCOR WATER 602-463-7834 2.THE PLACE AT JENTILLY:36 TOWN HOMES IN TEMPE AZ.CONTRACT$525,000.00 START 12-2014 FINISH 9-2015.WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPCJENTILLY, LLC. CONTACT:MIKE NUESSLE 602-510-3688 3.THE PLACE AT ARROWHEAD:76 TOWN HOMES IN PHOENIX AZ.CONTRACT$990,133.67 START 4-2015 FINISHED 6-2016 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ARROWHEAD, LLC.CONTACT MIKE NUESSLE 602-510-3688 4. PALM VISTA BAPTIST CHURCH SURPRISE AZ.CONTRACT$238,210.00 START 8-2014 FINISHED 3-2015 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. GENERAL CONTRACTOR:SPURR CONSTRUCTION.CONTACT DAN SPURR 602-840-2244 5.THE PLACE AT ALMA SCHOOL 76 TOWN HOMES CHANDLER AZ.CONTRACT$875,514.75 START 6-2015 FINISHED 2-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ALMA SCHOOL, LLC CONTACT MIKE NUESSLE 602-510-3688 6.STAGECOACH TRAIL 106 RESIDENTIAL HOMES APACHE JUNCTION AZ.CONTRACT$1,700,000.00 START 8-2019 FINISHED 9-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER STAGECOACH DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 7.BEL AGAVE 102 RESIDENTIAL HOMES APACHE JUNCTION AZ. CONTRACT$1,920,000.00 START 8-2016 FINISHED 2-2018 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER BEL AGAVE DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 8. RIGGS AND RECKER RV STORAGE QUEEN CREEK AZ. CONTRACT$463,917.27 START 11-2017 FINISHED 3-2018 WORK PREFORMED PARCEL HORIZONTAL CONSTRUCTION. GENERAL CONTRACTOR BELL BUILDING GROUP, LLC.CONTACT JAMES BELL 602-663-8239 9.VI @ GREYHAWCK SCOTTSDALE AZ. UNDER CONSTRUCTION CONTRACT$600,000.00 START 11-2018 HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR: PIMMEX CONTRACTING CORP.CONTACT DANNY BOWERMAN 602-826-8249 TOWN OF FOUNTAIN BILLS COMMUNITY SERVICES DEPARTMENT f IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed bthe e beontirdebRFQyQ, including Appendix 1 and Appendix 2, if awarded the Agreement, agrees l terms and conditions contained therein. CARUME CONTRACTING QUALITY CONSTRUCTION,LLC. 27-20FEDERA7510 L TAX ID NUMBER VENDOR SUBMITTING SOQ TOM L HULME OWNER tU PRINTED NAME AND TITLE AUTHORIZED SIGNATURE PO BOX 17297 480-837-9190 ADDRESS TELEPHONE FAX# FOUNTAIN HILLS AZ.85269 1-05-2019 CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: 32deltamikeaa msn.com ROC License Numbers and Classifications: A264505 B264503 B-2 264504 SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES(check appropriate item(s): Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes,please provide details and documentation of the certification. 945164.3 iv GENERAL INFORMATION CARUME CONTRACTING QUALITY CONSTRUCTION, LLC PHYSICAL ADDRESS OF BUSINESS: 13229 N.VERDE RIVER DR. FOUNTAIN HILLS AZ. 85268 MAILING ADDRESS OF BUSINESS: PO BOX 17297 FOUNTAIN HILLS AZ.85269 I AM A LIMITED LIABILITY COMPANY FORMED IN ARIZONA 9-08-2009 I HAVE BEEN IN BUSINESS FOR 35 YEARS I AM THE SOLE OWNER OF THE BUSINESS WE SPECIALIZE IN ALL HORIZONTAL CONSTRUCTION WHICH IS GRADING,UNDERGROUND SEWER, WATER,STORM DRAIN, ELECTRICAL CONDUITS,CURB,GUTTER,SIDEWALKS AND PAVING. WE CURRENTLY HOLD A CONTRACT WITH THE TOWN OF FOUNTAIN HILLS FOR STORM WATER CLEAN-UP. I CURRENTLY HOLD LICENSE ROC B 264503 GENERAL RESIDENTIAL ROC B-2 264504 SMALL COMMERCIAL ROC A264505 GENERAL ENGINEERING ALL ISSUED IN 2009 WHEN I BECAME A LLC. TRAVIS HULME SUPERINTENDENT 12 YEARS EXPERIENCE WILLIE PRESNELL FORMAN 12 YEARS EXPERIENCE CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. FOUNTAIN HILLS AZ 85268 CELL:480-797-1648 32deltamike@msn.com January 5,2019 TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS,AZ 85268 Dear Town of Fountain Hills Throughout Carume Contracting Quality Construction,LLC. (CCQC LLC) has contributed to positive business results through effective organization, prioritization, and follow through of key organizational projects. Our strengths and qualifications are an ideal match to the towns requirements and will bring immediate value to the town of fountain hills. In our former Bel Agave and prior subdivision/projects role,CCQC LLC exercise a calculated and methodical approach to problem solving.While we are independently motivated,we appreciate collective efforts and collaborate productively within group settings. Moreover,we are competent in grading and paving with proficiency In underground wet and dry utilities. This opportunity is especially exciting as CCQC LLC professional goals align with the Town of Fountain Hill's mission and values. Further,our decision-making,delegation,and leadership abilities will serve to support your continued organizational efforts. To illustrate the scope of CCQC LLC career history and professional competencies, please take a moment to review our enclosed job history.We are grateful for your evaluation of our credentials and subsequent response. Sincere Tom Hulme Carume Contracting Quality Construction,LLC. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. P.O. BOX 17297 RVME CONTRgC77 FOUNTAIN HILLS AZ C SAL/TYCONsrRI/MOW 1� yG' 85269 PHONE:480-837-9190 4.4.1,(1111h *�i ti CELL:480-797-1648 E-MAIL: 32deltamike@msn.com KAN PIN N/LLS,,tz 00 37-9/90 DATE:1/05/2019 RE:C52019-006 Projects started and completed in the last five years TO:Town of Fountain Hills FROM:Carume Contracting Quality Construction, LLC. 1.EPCOR WATER COMPANY: FOUNTAIN HILLS AND PARADISE VALLEY WATER MAIN AND SERVICE REPLACEMENTS FOR THE LAST TEN YEARS.CONTACT DON LONG EPCOR WATER 602-463-7834 2.THE PLACE AT JENTILLY:36 TOWN HOMES IN TEMPE AZ.CONTRACT$525,000.00 START 12-2014 FINISH 9-2015.WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPC JENTILLY, LLC. CONTACT:MIKE NUESSLE 602-510-3688 3.THE PLACE AT ARROWHEAD:76 TOWN HOMES IN PHOENIX AZ. CONTRACT$990,133.67 START 4-2015 FINISHED 6-2016 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ARROWHEAD, LLC.CONTACT MIKE NUESSLE 602-510-3688 4. PALM VISTA BAPTIST CHURCH SURPRISE AZ. CONTRACT$238,210.00 START 8-2014 FINISHED 3-2015 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. GENERAL CONTRACTOR:SPURR CONSTRUCTION.CONTACT DAN SPURR 602-840-2244 5.THE PLACE AT ALMA SCHOOL 76 TOWN HOMES CHANDLER AZ. CONTRACT$875,514.75 START 6-2015 FINISHED 2-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION.DEVELOPER MPH ALMA SCHOOL, LLC CONTACT MIKE NUESSLE 602-510-3688 6.STAGECOACH TRAIL 106 RESIDENTIAL HOMES APACHE JUNCTION AZ.CONTRACT$1,700,000.00 START 8-2019 FINISHED 9-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER STAGECOACH DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 7. BEL AGAVE 102 RESIDENTIAL HOMES APACHE JUNCTION AZ.CONTRACT$1,920,000.00 START 8-2016 FINISHED 2-2018 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER BEL AGAVE DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 8. RIGGS AND RECKER RV STORAGE QUEEN CREEK AZ.CONTRACT$463,917.27 START 11-2017 FINISHED 3-2018 WORK PREFORMED PARCEL HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR BELL BUILDING GROUP, LLC.CONTACT JAMES BELL 602-663-8239 9.VI @ GREYHAWCK SCOTTSDALE AZ. UNDER CONSTRUCTION CONTRACT$600,000.00 START 11-2018 HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR: PIMMEX CONTRACTING CORP.CONTACT DANNY BOWERMAN 602-826-8249 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMECS2019-NT IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed o be bound ball including Appendix 1 and Appendix 2, if awarded the Agreement, agree terms and conditions contained therein. CARUME CONTRACTING QUALITY CONSTRUCTION,LLC. 27-20FEDERA7510 L TAX ID NUMBER VENDOR SUBMITTING SOQ TOM L IlULME OWNER PRINTED NAME AND TITLE AUTHORIZED SIGNATURE PO BOX 17297 480-837-9190 ADDRESS TELEPHONE FAX# FOUNTAIN HILLS AZ. 85269 1-05-2019 CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: 32deltamikee,msn.com ROC License Numbers and Classifications: A264505 B264503 B-2 264504 SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes,please provide details and documentation of the certification. 945164 3 iv GENERAL INFORMATION CARUME CONTRACTING QUALITY CONSTRUCTION, LLC PHYSICAL ADDRESS OF BUSINESS: 13229 N.VERDE RIVER DR. FOUNTAIN HILLS AZ.85268 MAILING ADDRESS OF BUSINESS: PO BOX 17297 FOUNTAIN,HILLS AZ.85269 I AM A LIMITED LIABILITY COMPANY FORMED IN ARIZONA 9-08-2009 I HAVE BEEN IN BUSINESS FOR 35 YEARS I AM THE SOLE OWNER OF THE BUSINESS WE SPECIALIZE IN ALL HORIZONTAL CONSTRUCTION WHICH IS GRADING,UNDERGROUND SEWER, WATER,STORM DRAIN, ELECTRICAL CONDUITS, CURB,GUTTER,SIDEWALKS AND PAVING. WE CURRENTLY HOLD A CONTRACT WITH THE TOWN OF FOUNTAIN HILLS FOR STORM WATER CLEAN-UP. I CURRENTLY HOLD LICENSE ROC B 264503 GENERAL RESIDENTIAL ROC B-2 264504 SMALL COMMERCIAL ROC A264505 GENERAL ENGINEERING ALL ISSUED IN 2009 WHEN I BECAME A LLC. TRAVIS HULME SUPERINTENDENT 12 YEARS EXPERIENCE WILLIE PRESNELL FORMAN 12 YEARS EXPERIENCE CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. FOUNTAIN HILLS AZ 85268 CELL:480-797-1648 32deltamikec msn.com January 5,2019 TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS,AZ 85268 Dear Town of Fountain Hills Throughout Carume Contracting Quality Construction, LLC. (CCQC LLC) has contributed to positive business results through effective organization, prioritization,and follow through of key organizational projects. Our strengths and qualifications are an ideal match to the towns requirements and will bring immediate value to the town of fountain hills. In our former Bel Agave and prior subdivision/projects role,CCQC LLC exercise a calculated and methodical approach to problem solving.While we are independently motivated,we appreciate collective efforts and collaborate productively within group settings. Moreover,we are competent in grading and paving with proficiency in underground wet and dry utilities. This opportunity is especially exciting as CCQC LLC professional goals align with the Town of Fountain Hill's mission and values. Further,our decision-making,delegation,and leadership abilities will serve to support your continued organizational efforts. To illustrate the scope of CCQC LLC career history and professional competencies, please take a moment to review our enclosed job history.We are grateful for your evaluation of our credentials and subsequent response. Sincerely,Tom Hulme Carume Contracting Quality Construction, LLC. CARUME CONTRACTING QUALITY CONSTRUCTION, LLC. P.O. BOX 17297 RUMP CoNrR4cr, FOUNTAIN HILLS AZ CA /TYCONSTRucr/ow y(t 85269 Quit TatPHONE:480-837-9190 CELL:480-797-1648 E-MAIL: 32deltamike@msn.com RaWWTNN/wUs AZ .F80137-9/90 DATE:1/05/2019 RE:CS2019-006 Projects started and completed in the last five years TO:Town of Fountain Hills FROM:Carume Contracting Quality Construction, LLC. 1.EPCOR WATER COMPANY: FOUNTAIN HILLS AND PARADISE VALLEY WATER MAIN AND SERVICE REPLACEMENTS FOR THE LAST TEN YEARS.CONTACT DON LONG EPCOR WATER 602-463-7834 2.THE PLACE AT JENTILLY:36 TOWN HOMES IN TEMPE AZ. CONTRACT$525,000.00 START 12-2014 FINISH 9-2015. WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPC JENTILLY, LLC. CONTACT: MIKE NUESSLE 602-510-3688 3.THE PLACE AT ARROWHEAD:76 TOWN HOMES IN PHOENIX AZ.CONTRACT$990,133.67 START 4-2015 FINISHED 6-2016 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ARROWHEAD, LLC. CONTACT MIKE NUESSLE 602-510-3688 4.PALM VISTA BAPTIST CHURCH SURPRISE AZ. CONTRACT$238,210.00 START 8-2014 FINISHED 3-2015 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. GENERAL CONTRACTOR:SPURR CONSTRUCTION.CONTACT DAN SPURR 602-840-2244 5.THE PLACE AT ALMA SCHOOL 76 TOWN HOMES CHANDLER AZ. CONTRACT$875,514.75 START 6-2015 FINISHED 2-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER MPH ALMA SCHOOL, LLC CONTACT MIKE NUESSLE 602-510-3688 6.STAGECOACH TRAIL 106 RESIDENTIAL HOMES APACHE JUNCTION AZ.CONTRACT$1,700,000.00 START 8-2019 FINISHED 9-2017 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER STAGECOACH DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 7. BEL AGAVE 102 RESIDENTIAL HOMES APACHE JUNCTION AZ.CONTRACT$1,920,000.00 START 8-2016 FINISHED 2-2018 WORK PREFORMED WAS TOTAL HORIZONTAL CONSTRUCTION. DEVELOPER BEL AGAVE DEVELOPMENT, LLC.CONTACT DAN KAUFMAN 602-361-3607 8.RIGGS AND RECKER RV STORAGE QUEEN CREEK AZ.CONTRACT$463,917.27 START 11-2017 FINISHED 3-2018 WORK PREFORMED PARCEL HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR BELL BUILDING GROUP, LLC.CONTACT JAMES BELL 602-663-8239 9.VI @ GREYHAWCK SCOTTSDALE AZ. UNDER CONSTRUCTION CONTRACT$600,000.00 START 11-2018 HORIZONTAL CONSTRUCTION.GENERAL CONTRACTOR: PIMMEX CONTRACTING CORP.CONTACT DANNY BOWERMAN 602-826-8249 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2019-0IV.Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed be �by aQl, including Appendix 1 and Appendix 2, if awarded the Agreement, agrees l terms and conditions contained therein. CARUME CONTRACTING QUALITY CONSTRUCTION,LLC. 27-20FEDERA7510 L TAX ID NUMBER VENDOR SUBMITTING SOQ TOM L HULME OWNER iC ,, v� li -�----- PRINTED NAME AND TITLE AUTHORIZED SIGNATURE PO BOX 17297 480-837-9190 ADDRESS TELEPHONE FAX# FOUNTAIN HILLS AZ. 85269 1-05-2019 CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: 32deltamikeCalnsn.com ROC License Numbers and Classifications: A264505 B264503 B-2 264504 SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES(check appropriate item(s): Small Business Enterprise(SBE) Minority Business Enterprise(MBE) Disadvantaged Business Enterprise(DBE) Women-Owned Business Enterprise(WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes,please provide details and documentation of the certification. 945164.3 iv GENERAL INFORMATION CARUME CONTRACTING QUALITY CONSTRUCTION, LLC PHYSICAL ADDRESS OF BUSINESS: 13229 N.VERDE RIVER DR. FOUNTAIN HILLS AZ.85268 MAILING ADDRESS OF BUSINESS:PO BOX 17297 FOUNTAIN HILLS AZ. 85269 I AM A LIMITED LIABILITY COMPANY FORMED IN ARIZONA 9-08-2009 I HAVE BEEN IN BUSINESS FOR 35 YEARS I AM THE SOLE OWNER OF THE BUSINESS WE SPECIALIZE IN ALL HORIZONTAL CONSTRUCTION WHICH IS GRADING,UNDERGROUND SEWER, WATER,STORM DRAIN, ELECTRICAL CONDUITS,CURB,GUTTER,SIDEWALKS AND PAVING. WE CURRENTLY HOLD A CONTRACT WITH THE TOWN OF FOUNTAIN HILLS FOR STORM WATER CLEAN-UP. I CURRENTLY HOLD LICENSE ROC B 264503 GENERAL RESIDENTIAL ROC 8-2 264504 SMALL COMMERCIAL ROC A264505 GENERAL ENGINEERING ALL ISSUED IN 2009 WHEN I BECAME A LLC. TRAVIS HULME SUPERINTENDENT 12 YEARS EXPERIENCE WILLIE PRESNELL FORMAN 12 YEARS EXPERIENCE Zt• -• ‘4"14 -- EXHIBIT B TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CARUME CONTRACTING QUALITY CONSTRUCTION LLC [Scope of Work] See following page(s). Vendor may be asked to provide some or all of services of installation, demolition, removal and disposal of the following: a. Buildings & improvements b. Slabs/foundations c. Walls/flooring/roofing d. Debris e. Doors/windows f. Canopies/shades g. Ramps h. Steps i. Fences/gates j. Playground equipment and surfaces k. Sport fields,turf, bleachers and structures 1. Plumbing/sprinklers m. Lighting n. All wiring,plumbing, conduit o. Fixtures and equipment p. Park benches, ramadas and picnic tables q. Other construction-related projects and materials as needed EXHIBIT C TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CARUME CONTRACTING QUALITY CONSTRUCTION LLC [Sample Job Order] JN4AIA'At, melho t�r t :� w f I/I • h.v' •o r6 TOWN OF FOUNTAIN HILLS, ARIZONA Community Services Department JOB ORDER Job Order No. Contract No. Project No. THIS JOB ORDER is made and entered into on the day of , 20 , by and between Town of Fountain Hills,an Arizona municipal corporation("Town")and the"Contractor"designated below. This Job Order is entered in to pursuant to and incorporates herein the terms and provisions of the Job Order Master Contract No. , dated , 20 , between Town and Contractor ("Master Contract"). Upon full execution of this Job Order,the Job Order,together with the Master Contract(including all of the Contract Documents as defined therein), shall be the Contract between the Parties for the construction work specified herein ("Work"). Town and Contractor agree as follows: TOWN: Town Project Manager: Telephone: Fax: E-mail: CONTRACTOR: (Name) {Address) Arizona ROC No.: Federal Tax ID No.: Contractor Representative: Telephone: Fax: E-mail: DESIGN PROFESSIONAL: (Name) (Address) Design Professional Representative: Telephone: Fax: E-mail: PROJECT DESCRIPTION: PROJECT SITE ADDRESS/LOCATION: SCOPE OF WORK AND PROJECT SCHEDULE/DURATION: Attached Exhibit A (Including any Preconstruction and/or Design Services under Article 17) CONTRACT PRICE FOR WORK: The Fixed Price of$ ,• or Guaranteed Maximum Price/GMP(Open Book)of$ LIQUIDATED DAMAGES(IF ANY): [PM to Check any that apply] Substantial Completion Amount$ /day Final Completion Amount$ /day Pursuant to MAG§ 108.9 CONTRACTOR'S MARK-UP AND PROJECT SCHEDULE OF VALUES Attached Exhibit B UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY): Attached Exhibit C UNIQUE PROJECT SPECIFIC CONDITIONS(IF ANY): Attached Exhibit D LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): Attached Exhibit E IN WITNESS WHEREOF,the parties hereto have executed this Job Order through their duly authorized representatives and bind their respective entities as of the effective date. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Signature Name Title ATTEST: Signature Name Title "CONTRACTOR" jName/ Signature Name Title EXHIBIT A—SCOPE OF WORK AND PROJECT SCHEDULE/DURATION 1. Scope of Work: 2. Schedule: EXHIBIT B—CONTRACTOR'S MARK-UP COEFFICIENTS AND PROJECT SCHEDULE OF VALUES (To be provided by Contractor for each Job Order in the following form) Self-Performed work(including any direct purchases or other miscellaneous costs to the JOC)— Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> Subcontracted Work—Mark-up Direct Cost of the Individual Project(Delivery Order)Value $0-$49,999 $50,000- $100,000- $200,000- $500,000- $1,000,000+ $99,999 $199,999 $499,999 $999,999 Coefficient <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> <x.xx> [continued on next page] Project Schedule of Values (Sample) 1 GENERAL CONDITIONS SUB-CONTRACTOR OR SUPPLIER PROJECT MANAGER_hours per week $0.00 FIELD SUPERVISION hours per week $0.00 TEMPORARY FACILITIES(attach a list of specific cost breakdown) $0.00 SITE SAFETY $0.00 EQUIPMENT RENTAL(attach a list of specific cost breakdown) $0.00 PERMITS $0.00 Sub Total-GENERAL CONDITIONS $0.00 SUB CONTRACTOR COSTS 2 SITE WORK $0.00 3 CONCRETE $0.00 4 MASONRY $0.00 5 METALS $0.00 6 WOOD&PLASTICS $0.00 7 THERMAL&MOISTURE PROT. $0.00 8 DOORS&WINDOWS $0.00 9 FINISHES $0.00 10 SPECIALTIES $0.00 11 EQUIPMENT $0.00 12 FURNISHINGS $0.00 13 SPECIAL CONSTRUCTION $0.00 14 CONVEYING SYSTEMS $0.00 15 MECHANICAL $0.00 16 ELECTRICAL $0.00 Sub Total-SUB CONTRACTOR COSTS $0.00 SCOPE OF SELF PERFORMED WORK: (describe) LABOR COST for SELF-PERFORMED WORK: $0.00 MATERIALS COST for SELF-PERFORMED WORK: $0.00 OTHER MISC COSTS:(describe) $0.00 $0.00 Sub Total-SELF-PERFORMED WORK AND OTHER MISC COSTS $0.00 ALLOWANCES OR CONTINGENCY AMOUNTS $0.00 (PROVIDE LIST) GRAND TOTAL $0.00 EXHIBIT C—UNIQUE INSURANCE AND/OR BOND REQUIREMENTS(IF ANY) {Provide any additional insurance requirements beyond the Standard Insurance Requirements, and/or bond requirements for the Project once approved by to confirm adequate insurance and bond coverages for this Project) EXHIBIT D—PROJECT SPECIFIC CONDITIONS {To be completed by PM from the specific Project requirements and specifications} EXHIBIT E—LIST OF PROJECT PLANS AND SPECIFICATIONS(IF ANY): {To be completed by PM if applicable) A DATE D/YYYY) 03/15 CERTIFICATE OF LIABILITY INSURANCE 3/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER PHONE HOME OFFICE: P.O.BOX 328 (A/C,No,Ext):888-333-4949 FAX No):507-446-4664 OWATONNA, MN 55060 ADDRESS:CLIENTCONTACTCENTER(cI�.FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 152-823-1 INSURER B: CARUME CONTRACTING QUALITY CONSTRUCTION L.L.C. INSURER c: PO BOX 17297 FOUNTAIN HILLS,AZ 85269-7297 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:9 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DDIYYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 A Y Y 9363296 06/14/2018 06/14/2019 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 HPRO- X POLICY JECT LGC PRODUCTS-COMP/OP AGO - $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED A AUTOS Y Y 9363296 06/14/2018 06/14/2019 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAB CLAIMS-MADE Y Y 9363297 06/14/2018 06/14/2019 AGGREGATE $5,000,000 DED RETENTION WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY Y/N X PER STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? N/A Y 9363298 06/14/2018 06/14/2019 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 152-823-1 9 2 TOWN OF FOUNTAIN HILLS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 16705 E AVENUE OF THE FOUNTAINS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOUNTAIN HILLS,AZ 85268-3815 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6 gt,,,.... © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 152-823-1 ��..., LOC#: ACORO� L--� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY CARUME CONTRACTING QUALITY CONSTRUCTION L.L.C. POLICY NUMBER PO BOX 17297 SEE CERTIFICATE#9.2 FOUNTAIN HILLS,AZ 85269-7297 CARRIER NAIC CODE SEE CERTIFICATE#9.2 EFFECTIVE DATE.SEE CERTIFICATE##9.2 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOUR ENDORSEMENT FOR GENERAL LIABILITY. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENDORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. WORKERS COMPENSATION CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER WHERE PERMITTED BY STATE STATUTE. ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto"with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto"owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss"which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto"or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 9363296 Transaction Effective Date:01-02-2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: 9363296 Transaction Effective Date:01-02-2019 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodily injury", "property damage" or or agreement that such person or organization be added as an additional insured on your policy. "personal and advertising injury" arising out Such person or organization is an additional of the rendering of, or the failure to render, insured only with respect to liability for "bodily any professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused the required by the contract or agreement to "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and A person's or organization's status as an advertising injury", involved the rendering of or additional insured under this endorsement ends the failure to render any professional when your operations for that additional insured architectural, engineering or surveying services. are completed. © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 33 04 13 Policy Number: 9363296 Transaction Effective Date: 01-02-2019 2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III - Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or b. Thatportion of2. Available under the applicable Limits of "your work" out of which Insurance shown in the Declarations; the injury or damage arises has been put to its intended use by any person or whichever is less. organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 Policy Number: 9363296 Transaction Effective Date:01-02-2019 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when you are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG-F-81 (04-13) Policy Number: 9363296 Transaction Effective Date: 01-02-2019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement, effective on 06-14-2018 at 12:01 A.M. standard time, forms a part of Policy No. 9363298 Issued to CARUME CONTRACTING QUALITY CONSTRUCTION L.L.C. Issued by FEDERATED MUTUAL INSURANCE COMPANY Endorsement No. 1 Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce - our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Copyright 1983 National Council on Compensation Insurance. WC 00 03 13 (04-84) Issue Date: 01-26-2019