HomeMy WebLinkAboutC2021-007B - Master Rooter, Inc.Contract No. 2021-007B
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MASTER ROOTER, LLC
THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of
November 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the
"Town") and Master Rooter, LLC, a(n) Arizona limited liability company (the "Contractor").
RECITALS
A. The Town issued a Request for Qualifications, 2021-007, Plumbing 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 plumbing 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 plumbing 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 This Contract establishes an indefinite delivery, indefinite quantity, Job
Order Contract for such 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. A separate Job Order will
be issued for each Project describing the specific Work to be performed by the Contractor for
that Project.
2.2 Town shall have the right to perform work of the types included in this
Contract itself or to have other Contractors perform such work.
2.3 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. The Contractor will provide all
labor, tools, management, materials, parts and supplies, equipment, and transportation necessary
to furnish a broad range of plumbing services at various locations throughout the Town of
Fountain Hills on an as -needed basis. Plumbing services will include complete troubleshooting
and repair of existing plumbing systems, installation of new components, general maintenance,
and may include responses to emergency calls outside of normal Town operating hours.
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 the 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.
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 also cooperate with Town in
communicating with, 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 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.
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 a -mails is for information only, and e-mails will have
no legal or binding effect.
3.4 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 each 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, m
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, 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; (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 (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 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
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 any 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
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 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.
(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.
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 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 as set forth in Section 2 above. 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.
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
With copy to: Town of Fountain Hills
4711 East Falcon Drive, Suite I I I
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Master Rooter, LLC
660 East Main Street
Mesa, Arizona 85215
Attn: Clint Fessler
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 parry, 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 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.
[SIGNATURES ON FOLLOWING PAGES]
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
Gi�'6 k c-. /I�l6�
bam
E. iller (Nov 18, 2020 12:00 MST)
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Bui'Ke
Elizabeth A. Burke (Nov 18, 2020 13:57 MST)
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
.Ac�ery ,A�+�eri
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
"Contractor"
Master Rooter, LLC
By:CIint Fessler (Nov 17; 202014:02 MST)
Name. Cli nt Fessler
Tale. M e m b e r
EXHIBIT A
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MASTER ROOTER, LLC
[Contractor's SOQ]
See following pages.
Master Rooter LLC
EIN: 84-1738628
2915 N Norfolk
Mesa, Az 85215
602-399-9464
Please consider Master Rooter LLC for Fountain Hills plumbing needs. As you can see
from the included materials, we are ready to serve and tackle any job based on our
experience. From large municipal jobs, to small residential jobs. Master Rooter is a
partner you can trust. Master Rooter has a combined experience of 50+ years in the
industry. We pride ourselves in providing the best service, with top tier equipment and
plumbing technicians. We are here to professionally serve the community in a timely
manner.
Services we offer: 24/7 plumbing and drain, Trenchless Pipe Replacement, CIPP Pipe
Lining, Sewer Jetting, Camera Inspections and Locating, Tenant Improvement, Sewer
Digs, Spot Repairs (Trenchless Options Available), Pipe Descaling, Re-routes, Water
Leaks, Full -Service Plumbing, Free Estimates, No After Hour Charges, Best Customer
Service, and Same Day Service.
Master Rooter has never had any issues with failure to perform a contract or had a
contract cancelled for any reason. We have never had any claims, litigation, or
arbitrations recorded.
Managing Member:
Clint Fessler
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rMlI_J-LJ � 11 � LJ1S
R�OTEF'�'
24 / 7 Emergency
Plumbing and Drain
Masterrooteraz.com
602-399-9464
Home of the Free
Second Opinion
Commercial ROC#
325569
Residential ROC#
325909
�N
...so e� -
-Master Rooter AZ Plumbing and Drain is a full -service company with deep roots in the industry_ We have a combined
50+ years of experience in the industry. Master Rooter started on the idea of providing the customer with the best
service, at the right price, in the right time.
• WePride ourselves our work ethic and being able to get the job done. There is o job too big or small, that we can t
Who We Are
an Master Rooterer is built to bring the best results to YOU, our customer. We look forward to building a relationship
where we can tackle all of your plumbing service needs 24/7.
•We are setup and built to provide any service you need. We have Residential, Commercial, Tennant Improvement,
Trenchless Pipe Repair/Replacement Divisions.
• Trenchless Sewer Replacement (Pipe Bursting) is a method of pipe replacement that we
utilize to replace pipe. Pipe busting gives us a brand new, seamless pipeline without any
Trenchless Sewer joints. Making it impervious to tree roots, and joint separations. Pipe bursting also
allows us to increase the pipe size if needed. In some cases we can even fix bellies. We
Replacement are licensed and certified by TRIC.
-How it works is using two points of access. We pull a cable through the old pipe, fuse the
new pipe together. Using a cone shaped head, our hydraulic equipment will pull our new
pipe through the old pipe, bursting the old pipe apart. Once the new pipe is pulled into
place, we then connect it back to the service lines.
CIPP Epoxy
Pipe Lining
(Cured In
Place Pipe)
• Master Rooter is one of the only certified installers in the state of ,Arizona that can install CIPP.
We are licensed and certified through Perma-Liner Industries.
• CIPP works by first cleaning and descaling the host pipe. Once the host pipe is cleaned, we
measure and cut our liners job site specific, saturate with a 2-part epoxy resin mixture, and
saturate the felt liner. Using compressed air and our single access point we invert the liner into
the pipe. The liner will then cure for a designated amount of time and a brand new pipe will be
in place of the old one, using the old pipe as a host pipe.
• Pipe lining saves time and money. However, not all pipes can be lined. Pipe bursting is an
option. Regardless of the condition of the pipe, Master Rooter has options to service all your
plumbing and drain needs.
C
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-Our CIPP spot repairs are an excellent alternative to repair a section of pipe that may only have one
CIPP S O 4 bad spot and you may not want to line the entire pipe. We can perform spot repairs on pipes that are
P 3" in diameter and all the way up to 18" in diameter. Our spot repairs can be as short as one foot in
length or up to ten feet in length. Master Rooter as a vast array of options available.
• -We also have the ability to keep your sewer running while making repairs by utilizing our flow
Repairs through packers that allow us to keep the sewer running while also making the repair with the least
amount of disruption to your business.
--------------
Tennant Improvement
-Master Rooter has a Tennant Improvement Division that
has proven to get projects completed on -time and within
the customers' budget.
-We have successfully completed projects from $1,500 to
$500,000+
•Projects can range from changing out faucets, to doing a
compete overhaul. There is no project that our TI division
can't handle. Our promise to you is to have it done on -
time, on budget, and to communicate should there be any
changes.
�"1 RSTER
RooTER
Master Rooter Plumbing Commercial Price List
*Labor $135
*Emergency Call Out Fee $95
Vale Replacement
Hose Bibb Replacement $185
Angle Stop Replacement $185
Gas Valve w/ Supply Line Replacement $225
3/4" Pressure Regulator Valve Replacement $450
Faucet Replacement
Pro Flo Generic Bathroom Sink Faucet $255
Pro Flo Generic Kitchen Sink Faucet Without Spray $325
Pro Flo Generic Kitchen Sink Faucet w/ Separate Spray $355
Pro Flo Generic Kitchen Sink Faucet w/ Built -In Spray $385
Toilet Repairs
Pro Flo Generic Toilet Replacement $450
Toilet Fill Valve Replacement $135
Pull and Reseal Toilet w/ New Wax Ring and Flange Kit Bolts $265
Pull and Reseal Toilet w/ New Wax Ring and Flange Kit $485
Tank to Bowl w/ Hardware $135
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Rooter Services
Bathroom Sink Drains
Toilet
Kitchen Sink Drains
Sewer Drains (If performed from clean out)
Sewer Drains (If performed from roof vent)
Washing Machine
Camera and Locate Plumbing Line
Jetting
Hot Water Heaters
40 Gallon Electric Water Heater
50 Gallon Electric Water Heater
40 Gallon Gas Water Heater
50 Gallon Gas Water Heater
$225
$225
$225
$250
$325
$225
$285/hour
$500/Up to 2hrs
$1250
$1300
$1300
$1350
3/4" Ball Valve Replacement $235
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MA.qTRnn-n1
RFRRY
ACORO"
CERTIFICATE OF LIABILITY INSURANCE
DATE (MkVDDlYYYY)7/21/2020
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.
It 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 endorsements .
PRODUCER
29 ^CT Ave Berry
Bizsmart Insurance Group,LLC
1410 Guadalupe Rd, Ste 112
Gilbert, AZ 85233
PHONE ) arc, No :(480) 374-5251
lac, No, Ent); 480 558-4336
ipmplgfisse csraz@allinsgrp.com
INSURERS AFFORDING COVERAGE
NA[C1
INSURER A! Pekin Insurance
24228
INSURED
INSURER B :
INSURER C :
Master Rooter, LLC
INSURER D :
2915 N Norfolk
Mesa, AZ 85215
INSURER E :
INSURER F :
nnVFRAnFS C'1:RTI1=IrATI= Mi ll IRFQ- RFVISION NUMBER:
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.
ILT R
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
MOLICY EFF
POLICY EXP
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE [X] OCCUR
X
X
CL0244437
8M/2020
8/1/2021
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO aENTEDngel
$ 300,000
MED EXP (Any oneperson)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY[X]JECTPRO- Ll LOC
GENERAL AGGREGATE
$ 2,000,000
GENT
PRODUCTS-COMPIOPAGO
$ 2,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
COM BINde'SINGLE LIMIT
$ 1,000,000
BODILY INJURY Perperson)
$
X
ANY AUTO
X
X
005802369
8/1/2020
8/1/2021
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILYY Per accident
$
OaEdAMAGE
er5OTOS
PAU
$
X
0pp
ONLY NON
0
$
A
X
UMBRELLA LtAS X OCCUR
EACH OCCURRENCE
$ 2,000,000
EXCESS LJAB CLAIMS -MADE
000U36237
8/1/2020
8%1/2021
AGGREGATE
$ 2,000,000
DED I X I RETENTION $
S
A
N
AND EMPLOYERS' COMPENSATION
ANYPROPRIETORIPARTNERIEXECUTIVE YIN
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
X
005570261
8/1i2020
8/1/2021
X PER T ORH-
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
EL. . DISEASE -POLICY LIMIT
$ 1,000,D00
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more apace is required)
Document -Code 5E5E1BD51 D9719817269667
Third Avenue Investments, LLC, a Delaware limited Ilability company, ALLIANCE RESIDENTIAL, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNEES,
AND THE OWNERSHIP ENTITIES OF THEIR OWNED OR MANAGED PROPERTIES are additional Insured on a primary and non-contributory basis in regards to
general liability and commerical auto liability. Waiver of Subrogation on the Workers' Compensation policy Is Issued in favor of Alliance Residential, LLC and
its affiliates, successors and assignees, and the ownership entities of their owned or managed properties as permitted by law. Waiver of Subrogation applies
In favor of the additional Insured(s) with respects to General Liability and Commercial Auto per forms attached. —Except 10 day notice of cancellation due to
non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Alliance Residential, LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
e% NetVendor ACCORDANCE WITH THE POLICY PROVISIONS.
7644 SW Mohawk Street, #J
Tualatin, OR 97062 AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Scanned with CamScanner
Form W-9 Request for Taxpayer Clive Form to the
(pew_ octotser 2018j Identification Number and Certification requester. Do not
Dtpartmerdof the Treasury send to the IRS.
Internal Revemus Service 0, Go to wwwdrs.pov1FormM for Instructione and the latest Information,
1 Name Ia3 Shown On your income tax return). Name rs req lied on this Inc eo rot nave mis line bank.
Master Rutter LLC
2 Bushes na melddsreowded entity name. 9 afferent from above
ri
.1 Oheck a0prophate box hN Federal tax classification of the person whose name Is entered On line 1, Check ot* one of tAe
toGowing seven boxes.
❑ ldrvhAAVsole proprietor or ❑ C Corporation ❑ S Cdrponlion ❑ Partnership ❑ TrusVestate
sirplamember LLC
4 Exempticns {codes apply only to
certain enkdes, not ind viduals; see
InstructiGm on plop 3):
Exempt payee code ff "^
Q • Llenited rrlbrBty company. Enter the tax classltfnon r--C oorporellen. S=S cwporatan, P-Pannersniol ► $
Note: Check this epproprlete box in tits the above some tax classifiC.jtion a the sing member owner. Do not check Exemption From FATCA reporting
LLC i the LLC is classified as a single -member LLC that Is dhregaroed tram tna owner tniess the owner of the LLC is code (If enlrt
anotner LLC tint its 001 d"ikrcW from the owner for U.S. federal tax purpossliOtrnsrwise. a singWmember LLC That
is disregarded from the owner should Cheek the approp, Tale box for the tax elatwircation of its owrw.
S Address pxarrber. street, aW apt. or State
2915 N. Norfolk
6 Cdy, state, and ZiP Code
Mesa, AZ 85215
number(5) here (opuonab
r.rrsYcy � aUr..,ia n�wmtiwz �.M: aw L.SJ
end address Iaptsbnall
Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social wKunty number
backup withholding. For Individuals, this is generally ypur social security number (SSN). However, for a CO
'Li
resident arien, sole proprietor, or dsreg tarrded entity, see the instructions for Part I, later. For other
entities, it is your employer Identification number (EIN). It you do not have a number, see How to get a
TIN, later. or
Note: If the accourn is in more than one name, see the instructions for line 1. Also see Whirr Name and I Employer fdenti ication number
Number To Give Me Requosmr for guidelines on whose number to enter. rA-T-4� 1�1E
Under penalties of penury, I certity that
1. The number shown on this form is my correct taxpayer identification number (or I aril waiting for a number to be issued to rne); and
2.1 am not subject to backup withholding because: (a) I am exempt tram backup withholding, or (b) I have not been notified by the Internal Revenue
Service {IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subteect to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
CertlfieaUorl instructions. You must cross ouf item 2 above it you have been notified by the IRS that you are currently subject to backup withholding hecause
you have Wed to report 21 interest and dividends on your tax return. For real estate transactions. Rem 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured properly. cancellation of debt. Ixntributions to an individual retirement arrangement QAA), and generally, payments
other than interest and dividends, you are not required to sign the cerilflcatkln} but you must provide your correct TIN. See the instructions for Part II, later.
,Mull
Cris' i U s ape e ► r / �, - Date.
General Instructions
Section references are to the Internal Revenue Code unless otherwise
Futtaa developments. For the latest Information about developments
related to Form W-9 and Its instructions, such as legislation enacted
after they were published, go to www.irs.9ov1F0rmW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your coned taxpayer
identiflcatlon number (TIN) which may be your social security number
(SSN), individual taxpayer Identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer Identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns iric:lude, txtt are not limited to, the following.
• Form I MANT {interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and lhlyd party network transactions)
• Foot 1098 (home mortgage interest), 1098-C (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-0 only it you are a U.S- person (including a resident
atlon), to provide your correct TIN.
if you do not return Form W-9 for the requester with a 7IN, you might
be subject to backup wifbfrofdiing. See What is backup withholding,
later.
Cat No. 10231X Form W-9 (Rev. 1D-2018i
Scanned with CamScanner
tLLicense No. ROC 325569
a";Lb 4..
10
This is to certify that:
Master Rooter LLC
DBA (if any)
Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law,
is by order of the Registrar of Contractors duly licensed and admitted to engage in andpursue the business of
C-37 Plumbing
Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of
Phoenix, on 2019-07-24
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o CMODIRECTOR, ARI ONA REGISTRAR OF CONTRACTORS
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License No. ROC 324909
This is to certify that.
Master Rooter LLC
DBA (9 any)
Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law,
is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of
R-37R Plumbing
Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of
Phoenix, on 2019-06-26
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DIRECTOR, ARI ONA REGISTRAR OF CONTRACTORS
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Town of Fountain Hills Contract 2021-007B
Final Audit Report 2020-11-18
Created: 2020-11-17
By: Jamie Salentine Osalentine@fh.az.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA-kA52K1lXgfKJvrlwA4rs_1K-KWuul7k
"Town of Fountain Hills Contract 2021-00713" History
Document created by Jamie Salentine Qsalentine@fh.az.gov)
2020-11-17 - 8:30:05 PM GMT- IP address: 184.178.192.162
Document emailed to Clint Fessler Qason@masterrooteraz.com) for signature
2020-11-17 - 8:31:34 PM GMT
Email viewed by Clint Fessler Qason@masterrooteraz.com)
2020-11-17 - 8:31:39 PM GMT- IP address: 66.249.84.222
Document e-signed by Clint Fessler (Jason@masterrooteraz.com)
Signature Date: 2020-11-17 - 9:02:04 PM GMT - Time Source: server- IP address: 70.184.107.223
C'► Document emailed to David Pock (dpock@fh.az.gov) for approval
2020-11-17 - 9:02:07 PM GMT
Email viewed by David Pock (dpock@fh.az.gov)
2020-11-17 - 9:11:32 PM GMT- IP address: 184.178.192.162
dg Document approved by David Pock (dpock@fh.az.gov)
Approval Date: 2020-11-17 - 9:14:47 PM GMT - Time Source: server- IP address: 184.178.192.162
Icy Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature
2020-11-17 - 9:14:50 PM GMT
Email viewed by Aaron Arnson (aaron@piercecoleman.com)
2020-11-18 - 5:41:13 PM GMT- IP address: 98.182.122.87
Document e-signed by Aaron Arnson (aaron@piercecoleman.com)
Signature Date: 2020-11-18 - 5:41:24 PM GMT - Time Source: server- IP address: 98.182.122.87
Document emailed to Grady E. Miller (gmiller@fh.az.gov) for signature
2020-11-18 - 5:41:26 PM GMT
W]WER E�BY
Adobe Sign
Email viewed by Grady E. Miller (gmiller@fh.az.gov)
2020-11-18 - 6:59:41 PM GMT- IP address: 184.178.192.162
dp Document e-signed by Grady E. Miller (gmiller@fh.az.gov)
Signature Date: 2020-11-18 - 7:00:05 PM GMT - Time Source: server- IP address: 184.178.192.162
C'► Document emailed to Elizabeth A. Burke (eburke@fh.az.gov) for signature
2020-11-18 - 7:00:08 PM GMT
Email viewed by Elizabeth A. Burke (eburke@fh.az.gov)
2020-11-18 - 8:57:00 PM GMT- IP address: 184.178.192.162
dp Document e-signed by Elizabeth A. Burke (eburke@fh.az.gov)
Signature Date: 2020-11-18 - 8:57:38 PM GMT - Time Source: server- IP address: 184.178.192.162
Q Agreement completed.
2020-11-18 - 8:57:38 PM GMT
W]WER E�BY
Adobe Sign