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#09-5201 (Ferguson Waterworks) A G R E E MEN T 09-5201 for Underground Utilities Supplies " THIS AGREEMENT, made and entered into on this L,=>_th day of December 2009, by and between Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks, authorized to do business in the State of Florida, whose business address is 3801 Prospect Avenue, Naples, FL 34104, hereinafter called the "Contractor" (or "Ferguson") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon execution of this agreement and upon the issuance of a Purchase Order. The contract shall be for a two (2) year period, commencing on December 15, 2009 and terminating on December 14, 2011. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Underground Utilities Supplies in accordance with the terms and conditions of RFP #09-5201 and the Contractor's proposal, referred to herein and made an integral part of this agreement and the attached Exhibit A Scope of Services. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, according to the attached Exhibit B, Pricing, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the County Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page I of 11 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Mr. JoDerek Adams Ferguson Waterworks, Ine. 3801 Prospect Avenue, Naples, FL 34104 Tel: 239-643-4970 Fax: 239-643-4945 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of 11 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Page 3 of II NOTE: The "Certificate" should read as follows: . For any and all work performed on behalf of Collier County. . Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. E. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. F. Contractor shall ensure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Collier County Water/Wastewater Departments. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5201- "Underground Utilities Supplies" Specifications/Scope of Services and Addenda, Exhibit A, Exhibit B. Page 4 of 11 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 use. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approvaL Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended Page 5 of 11 by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEIjPROTECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule, Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 24. Remainder of page intentionally left blank. Page 6 of 11 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DwightE:~r~,~lerk of Courts By: ~~~C Dated.: \. ~l/1-". . -aiiftL.. toa....... , .~.~~' BOARD OF COUNTY COMMISSIONERS COI~~LIER/C~UNTY' FLORID~ i . r'~ /J By: ~. e;;"I/.4_~ Donna iala, Chairman Ferguson Enterprises, Inc. dlbl a Ferguson Waterworks Contractor 1-1A.tt SOvr\.~ tType/print witness namet I J.. /' -4.u.~ ~ Second Witness By:<#1/ bJ~ ( Signature ~t'E-W~~:!:_____Qf~l!~~ M~ I'~ b f]e.. Typed signature and title 1VWk ~ First Witness ~ot._t <:rl""~~..., tTypel print witness namet Approved as to form and legal sufficiency: ~~ Assistant County Attorney C!,o U een &r-eer,~ Print Name Page 7 of 11 Exhibit A Scope of Services and Clarifications 09-5201 Underground Utilities Supplies This agreement will be to provide commodity based equipment/parts to the Water/Waste Water and other County departments on an as needed basis. This shall include, but not be limited to, the following: 1. Furnish requested utility products generally on a same day or within 2 - 3 business days. This shall also include 24/7 contact and assistance for after hours emergencies, including, responding by providing parts after a natural disaster. For any orders placed by the County for items with long lead times, the Contractor shall inform the County of the estimated delivery date and make every effort to obtain the items in the shortest time possible. The County reserves the right to cancel any long lead time items with no penalty should the lead time extend beyond the original estimated delivery date. 2. Purchase adequate quantities and stock to support the County utility operations. Additionally the supplier shall be able to provide quick delivery to any designated site within the County. 3. Provide an On-line Order system via an internet link. This on-line system must be a complete and comprehensive order system with the capability of providing real-time management reports and invoices into a downloadable Excel format. The County will determine the data requirements with the successful supplier, minimally, the supplier must provide quarterly spend analysis and inventory usage reports by department. This order system must be available for the Public Utilities to view, order and run management reports prior to the start of the contract. 4. Provide a customer service representative to serve as a single point of contact to the County to assist with contract, order, invoice, and other items relating to the resultant contract. 5. Develop a vendor managed inventory plan ofthe County's physical assets as detailed below. The County at its sole discretion will determine whether to enact the plan in total, or in pieces. Should the County accept the plan, it will be the sole responsibility of the successful supplier to manage and maintain the inventory plan. The County will be responsible for determining the type and quantity of inventory to stock. 6. Submit all invoices to the County with the following information clearly labeled: purchase order number, delivery location, part name and number, unit of measure and quantity, manufacturer, net price and extended price. 7. Conduct Quarterly Business Review Meeting to : 1) Discuss parts usage reports; reports must include, but not limited to: type of parts purchased, volume purchased by plant, manufacturer, fill rate, price, etc.; 2) Review current business processes, and consider "best practices" to help reduce future costs and maximize efficiencies in the procurement and delivery of parts, and to; 3) Consider possible pilot program efficiencies particularly around new technology. Inventory Management Plan After reviewing the inventory currently on hand at the County warehouse, several opportunities exist to reduce inventory, without sacrificing availability and service. The contractor shall work cooperatively with the County staff to develop an inventory management plan as identified below: Implementation time 0-90 days after contract execution ~ Work with County to identify and rank items in order of priority (example A, B, C, etc.). Higher ranked items are industry standards and there is very little need to stock a large quantity, or any quantity, as they are located at Contractor facility less than a mile away from the County warehouse. Page 8 of 11 :;. Identify items with long lead times to proactively determine the level of stock required to prevent outages :;. Identify emergency and repair items and agree on stocking levels for these items. :;. Create minimums for products needed/desired to be kept at the County warehouse. :;. Create minimums for products needed/desired to be kept at Ferguson's warehouse. :;. Review and create buyback schedule for items needed to be returned to achieve new County stocking minimums. :;. Help to review Collier County computer inventory/purchasing system to identify any product demand calculations. :;. If no demand system exists, develop a demand system that either Ferguson or the County may maintain (at the County's discretion) to develop better buying history with monthly indicators. In addition incorporate quantities of known upcoming projects with new monthly demands to create better and timelier purchase quantities. :;. Schedule weekly or bi-weekly (at County's discretion) warehouse visits with staff to review inventory requirements and run rates, and resolve any issues. Implementation time 91-120 days after contract execution :;. Start to review demand data with County staff. :;. Review and remedy items stocked, new needs and items that may need to be phased out due to lack of demand or changed specification. 121 Days and throughout contract Review demands and ensure warehouse minimums are maintained monthly. Online Ordering Contractor to provide an online system that allows the County to: "" Access free 24/7. "" Order material. "" Utilize Collier County item codes to search items, check history, print on invoices, etc. "" Review purchasing history. "" Check local Ferguson inventory. "" Review product specifications and parts list (great for backflows and hydrants.) "" Review Individual Invoices. "" Review Monthly statements. "" Allow as many County staff access as desired (includes ability of different departments such as warehouse, finance, purchasing to be able to review at same time) "" Allow for County Supervisor to restrict/enable County staff to access different areas of the website. "" Work with Collier County to determine which parts should be bar coded and type of equipment necessary to start-up program. Bar coding of incoming parts will be required for the items that Collier County determines will be bar coded. Currently Collier County has access to the Ferguson on-line ordering system. At no additional cost, Contractor will train County associates in any and all departments that may find it helpful, including the Clerk of Courts Finance Division, County will provide a schedule for training of appropriate personnel. Contractor will also interview County Staff in these training sessions to determine how to modify the site to better assist County Staff in completing their tasks. Through this system Contractor will identify items needing new County product numbers or updated descriptions to help build a more user friendly product file. Page 9 of 11 Exhibit B Pricing 09-5201 Underground Utilities Supplies 1. A representative list of items with list price and discount to the County was provided by the Contractor in Section 3 of the RFP response which is incorporated herein by reference. This price list is not inclusive of all parts that will be purchased under this contract. The Contractor shall provide the Ferguson Stocked Product Price List, hereinafter "List", which includes the discount off list pricing sorted by manufacturer. This List consists of approximately 6000 core items which shall be updated as needed, generally on a monthly basis. Pricing under this contract not only encompasses the items on the RFP response and the List, but gives the County access to !ill products from any manufacturer on the List with a published list price at the same discounted rate as the RFP and List items. (example: Ford Meter Box currentfy has 82 items on the RFP price proposal, but over 46,000 items would be accessible using this method.)The List shall be provided to the County and Finance in the form of an Excel spreadsheet, however, upon the request of the County, the Contractor will provide the List in CD or other acceptable format, including integration with the SAP financial system. 2. Updates, revisions and/or modifications to the list may include, but not be limited to: addition or deletion of items, and upward or downward changes to the manufacturer discount off list. Should there be any change to the List that results in a net price increase to the County, the Contractor shall provide a letter from the manufacturer substantiating the reason for the increase. Any such price increase shall require written approval by the County and will be effective in the month following the increase. Any such approved changes shall then be reflected in a revised List as provided by the Contractor. No retroactive price increases will be allowed. Requests for consideration of a price adjustment must be made, in writing, to the Contract Manager and must be based upon increased costs to the Contractor only. Verification of these increases shall be furnished to the County Contract Manager along with the written request for increase. Any upward price adjustment approved by the County shall impose upon the Contractor the requirement to advise and extend credit to the County when costs similarly decrease. 3. Additionally, any part or item that is not included in the List, or from any manufacturer on the List, hereinafter "Unlisted Items", shall be available from the Contractor for purchase by the County upon satisfactory negotiation of price between the County contract manager and the Contractor. Generally, these Unlisted Items shall be sourced by the Contractor and provided to the County at cost plus a ten percent (10%) service charge. Any separate freight charges for these Unlisted Items will be paid at cost by the County. Freight shall be FOB Destination. The Contractor may add any Unlisted Parts to the List in order to accommodate future purchases by the County. Additionally, the Contractor shall add Unlisted Items to the list upon the request of the County Contract Manager. Once an Unlisted Item is added to the List, the pricing shall be fixed at a mutually negotiated quarterly price and reviewed at the end of that quarter for price adjustments if necessary. 4. For commodity type items, such as piping, stainless steel, HDPE and other commodity based items and products that do not have a list price, the Contractor shall provide then-current pricing to the County for ordering purposes. Upon approval of the pricing provided at that time, the County will order the material. 5. For large quantity purchases, the County reserves the right to separately negotiate a more substantial pricing discount with the Contractor, which shall not necessarily affect the pricing on the List. Page 10 of 11 Direct Material Purchases: This contract may also be used to purchase supplies and parts for capital projects as direct material purchases, after an evaluation of the cost benefit. The County; at its sole option; may choose to purchase some or all of the goods and/or materials directly from suppliers, including manufacturers or distributors in accordance with the County Direct Material Purchase procedure in effect at the time. In that instance the County may require the following information from the Contractor: 1. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 2. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers The Contractor shall provide a negotiated cost for these purchases to the County, and the County shall issue a Purchase Order directly to the supplier, manufacturer or distributor in order to save sales tax. Page 11 of 11 ..---., ACORVe CERTIFICATE OF LIABILITY INSURANCE Page I DATE (MM/DDfYYYY) ~ 1 of 4 12/10/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Maryland, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 ! NAIC# Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE , - , INSURED Ferguson Enterprises, Inc. and Subsidiaries INSURER A: National Union Fire Ins. Co. of Pittsburql 19445-002 (See Attached Named Insured Schedule) INSURER B: National Union Fire Ins. Co. of Pittsburg 19445-000 12500 Jefferson Avenue Newport News, VA 23602 INSURER c. Granite State Insurance Company 23809-000 INSURER D: New Hampshire Insurance Company 23841-002 I INSURER E: American International South Insurance Co 40258-001 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00' TYPE OF INSURANCE POLICY NUMBER b2~~C,~1.f1~5~ ~~}~SL~~6b~~~ LIMITS LTR NSR A X ~NERAL LIABILITY 0939569 8/1/2009 8/1/2010 EACH OCCURRENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~~!9E~~~r~nce' $ 1 000 000 I CLAIMS MADE [i] OCCUR MED EXP(Anyoneperson) $ 10 000 PERSONAL & ADV INJURY $ 2 000 000 - GENERAL AGGREGATE - $ 5.000.000 ~N'ILAGG~nE LIMIT APnS ~ER: PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY j~g: LOC B ~TOMOBILE LIABILITY AOS 0936264 8/1/2009 8/1/2010 COMBINED SINGLE LIMIT (Eaaccidenl) , 5,000,000 B .X ANY AUTO MA 0936263 8/1/2009 8/1/2010 C - ALL OWNED AUTOS VA 0936265 8/1/2009 8/1/2010 BODILY INJURY (Per person) $ - SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) S X NON-OWNED AUTOS X Self-Insured PROPERTY DAMAGE $ X physical n", {Per accident) ~R~GE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC , AUTO ONLY' AGG $ ~~SS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ =1 ~EOUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AOS 4288799 8/1/2009 1~/1/2010 X I T'"6~~lfJNs I IOJ~- AND EMPLOYERS' LIABILITY VIN E ANY PROPRIETOR/PARTNER/EXECUTIVE 0 AOS 4288802 8/1/2009 8/1/2010 E.L. EACH ACCIDENT $ 2 000 000 OFFICER/MEMBER EXCLUDED? (MandatoryinNH) E.L. DISEASE - EA EMPLOYEE $ 2 000 000 ~~~~~e~~~~~lnS~ON'" below , E.L. DISEASE - POLICY LIMIT $ 2 onn oon , OTHER i I I DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLESI EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Re: For any and all work perfor.med on behalf of Collier County. See Attached for Additional Workers' Compensation Policies: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR Collier countr Board of County Commissioners 3301 East Tam ami Trail Naples, FL 34112 ./// Coll: 2881525 Tp1: 960816 Cert: 13451647 @1988-2009ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2009/01) wIllis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 4 I DATE 12/10/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis of Maryland. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Ferguson Enterprises, Inc. and Subsidiaries INSURER A: National Union Fire Ins. Co. of Pittsburg 19445-002 (See Attached Named Insured Schedule) INSURER B: National Union Fire Ins. Co. of Pittsburg 19445-000 12500 Jefferson Avenue Newport News, VA 23602 INSURER c: Granite State Insurance Company 23809-000 INSURER D: New Hamnshire Insurance Comnanv 23841-002 INSURER E: American International South Insurance Co 40258-001 DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICL.ESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS we Policy No. 4288799 (Front Page) - AK, AL, AZ, CO, DE, lA, ID, ME, MI, MN, MT, NH. NJ. NV, NY, RI, UT, VA, VT, WV WC Policy No. 4288802 (Front Page) - AR, CT, DC, GA, HI, IL, IN, KS, KY, LA, MD, MO, MS, NC, NE, NM, OK, PA, SC, SD, TN Workers' Compensation - CA Policy No. 4288850 Carrier: Ins. Co. of the State of PA Policy Period: 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - FL Policy No. 4288800 Carrier: New Hampshire Insurance Company Policy Period, 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - MA Policy No. 4288801 Carrier: Ins. Co. of the State of PA Policy Period, 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - WI Policy No. 4288804 Carrier: Illinois National Insurance Company Policy Period: 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - TX Policy No. 4288798 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - OR Policy No. 4288803 Carrier: Ins. Co. of the State of PA Co11,2881525 Tp1:960816 Cert:13451647 WIllis CERTIFICATE OF LIABILITY INSURANCE Page 3 of 4 I DATE 12/10/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Maryland, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Ferguson Enterprises, Inc. and Subsidiaries INSURER A: National Union Fire Ins. Co. of Pittsburg 19445~OO2 (See Attached Named Insured Schedule) INSURERB:National Union Fire Ins. Co. of Pittsburg 19445-000 12500 Jefferson Avenue Newport News, VA 23602 INSURERC: Granite State Insurance COll'lnanv 23809-000 INSURER D: New Hamnshire Insurance Comnanv .23841-9~._ I INSURERE:American International South Insurance Co 40258-001 DeSCRIPTION OF OPERA TIONSlLOCA T10NSNEHICLESJEXCLUS10NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Policy Period: 08/01/2009-2010 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Collier County Board of County Commissioners, Naples, FL are Additional Insureds on the General Liability policy as their interest may appear. Co11:2881525 Tp1:960816 Cert:13451647 Page 4 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Coll,2881525 Tpl,960816 Cert,13451647 williS Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Air Cold Supply Air Cold SupplylWebb Distributors Alamo Pipe & Supply Alaska Pipe & Supply CAL-STEAM, a Wolseley Company Camellia Valley Supply Castle Supply Company, Inc. CastleNorth CFP Chadwick Clayton Group, Inc. Clayton International, LLC Cline Contract Sales Colgan Cabinets Colgan Distributors Crow Company D & C Plumbing & Heating Supply Davidson Electric Wholesale Supply Thc Davidson Corporation, a Delaware Corporation The Davidson Group Companies, Inc Davidson Pipe Company Inc., a New York Corporation Davidson Pipe Supply Company, Inc. Davies Water Decorative Product Source, Inc. E & J Plumbing & Heating Supply Co. Economy Plumbing and Heating Supply Co. Endries International of Canada, Inc. Endries International, Inc. Energy & Process Corporation Ferguson Bath Kitchen and Lighting Gallery Ferguson CESCO, Inc. Ferguson de Costa Rica Ltd. Ferguson de Mexico S.A. de CV. Ferguson Enterprises IV, Inc. Ferguson Enterprises of Montana, Inc. Ferguson Enterprises of Puerto Rico, Inc. Ferguson Enterprises of Virginia, Inc. Ferguson Enterprises V, Inc. Ferguson Enterprises, Inc. Ferguson Enterprises, Inc. of Virginia Ferguson Fire & Fabrication, Inc. Ferguson Fire & Fabrication, Inc. (tka Sierra Craft, Inc.) Ferguson Full Service Supply Ferguson Heating & Cooling Ferguson Holdings, Inc. Ferguson Hospitality Sales Ferguson Industrial Plastics and Pump Division Ferguson Integrated Systems Division, Inc. Ferguson Intermountain Piping Ferguson International Ferguson Panama, S.A. Ferguson Process Services Ferguson Valve & Automation Ferguson Waterworks Ferguson Waterworks - Midwest Pipe Ferguson Waterworks - Municipal Pipe Ferguson Waterworks - Red Hed Ferguson Waterworks EPPCO Ferguson Waterworks International Frischkorn, Inc. Galleria Bath & Kitchen Showplace Gilmour Supply Company, Inc. GulfRefrigcration Supply High Country Plumbing Supply Home Equipment Company, Inc. Improvcmcnt Direct, Inc. Indiana Plumbing Supply Co., Inc. Industrial Hub of the Carolinas J&G Products J.D. Daddario Company Kandall Fabricating L&H Supply, Inc. Lane Piping Co. Lawrence Plumbing Supply Co. Lincoln Products Linwood Pipe and Supply Louisiana Utilities Supply Company LUSCO Lyon Conklin & Co., Inc. Mastercraft Cabinets Monotube Pile Corporation Northern Water Works Supply, Inc. Onda-Lay Pipe and Rental, Inc. Page's Appliances Palermo Supply Park Supply williS Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Pipe Products Plumbing Decor Plumb Source R Supply Company Record Supply Company SEMSCO Barbados, LLC SEMSCO Trinidad, LLC SEMSCO Venezuela, LLC Sierra Craft, Inc. SOS Sales Specialty Pipe & Tube, Inc. Specialty Pipe & Tube of Texas, Inc. Summer & Dunbar Supply North Central Group Tarpon Wholesale Supplies T & A Valve Industries, Inc. The Parnell-Martin Companies LLC The Plumbers Warehouse The Stock Market Tubeco Fabrication, Inc. United Automatic Water Works Supplies Webb Distributors Western Air Systems and Controls, Inc. WIA of California, Inc. W olseley Investments Acquisitions, Inc. Wolseley Investments, Inc. Wolseley North America, Inc. W olseley North American Consulting, LLC Wolseley North American Services, Inc. WPCC Forwarding, LLC