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Backup Documents 01/14/2014 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN C D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S T Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk -J 6v' 11611aq 2. County Attorney Office County Attorney Office . j )44/7 \ 3. BCC Office Board of County b Commissioners \R•f, j '\-z\A 4. Minutes and Records Clerk of Court's Office �m t(2064 3:160-A 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Evelyn Colon, Phone Number 252-8375 Purchasing Staff January 1<2014 Contact and Date gA Agenda Date Item was January 14,2014./ Agenda Item Number 16.C.1 N7 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6095 Ferguson ! number if document is NumberNendor Name Waterworks to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ir_ by the Office of the County Attorney. v 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 16C1 MEMORANDUM Date: January 29, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #13-6095 "Annual contract for parts and supplies related to underground utility projects" Contractor: Ferguson Waterworks, Inc. Attached is an original copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on January 14, 2014. The second original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 C SECRETARIAL CERTIFICATE OF AUTHORIZATION The undersigned Vice President and Secretary of Ferguson Enterprises, Inc., a Virginia corporation (the "Corporation"), hereby certifies that: i) certain of the Corporation's facilities in the State of Florida are doing business as Ferguson Enterprises, Inc., d/b/a Ferguson Waterworks and ii) Mark McFalls is General Manager of the Fort Myers, FL area and iii) that the resolutions adopted by the Corporation's Board of Directors effective July 31, 2013. duly authorize certain of the Corporation's officers, including the Vice President and Secretary, to designate, and I hereby do so designate Mark McFuUm as an authorized representative of the Corporation to act for and on behalf of the Corporation to prepare and submit bids and proposals to the Corporation's customers, to enter into contracts, agreements or other documents, and to execute such documents and undertake all such acts as may be deemed in the best interest of the Corporation, including the execution of bonds and in doing so, to contractually bind the Corporation. Unless withdrawn sooner, this certification of authorization shall be effective until July ]l, 20l4. Dated: August 23, 2013 FERGUSON X ,NTERPRISES, INC. ` _ --~ By: - � ° ~ - ^� ~ 'Ferry . }{7 Vice Piesidcnt and Secretary C City of Newport NeArsii 11,‘ Sworn to subscribed and acknowledged before me this 23rd day of August, 2013, by Terry E. Hall, personally known to nuc, in his capacity as Vice President and Secretary of Ferguson Enterprises, Inc., a Vir 'oiucnrpnoobnu` oobebul[ofeuchcozporudon. 0011111f Notary—Mdind^/ COMMISSION z My comm smb/o expires: 8/31/2017 ^ 1601 AGREEMENT 13-6095 for Underground Parts THIS AGREEMENT, made and entered into on this 14-14-4 day of e 1l tic rt re./ 2014, 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, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a Purchase Order. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on Date of Board award and terminating two (2) years from that date. 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 one (1) additional two (2) year period. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. 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. 3. STATEMENT OF WORK. The Contractor shall provide Underground Parts in accordance with the terms and conditions of RFP #13-6095, Contractor's Proposal and Exhibit A, Scope of Services and Clarifications, referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 4. 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 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 Project Manager or his designee, and in Page 1 of 13 16C1 compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services. All invoices must be received within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. 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. 6. 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: Ferguson Enterprises, Inc., d/b/a Ferguson Waterworks 3801 Prospect Avenue Naples, FL 34104 Attention: JoDerek Adams Tel: 239-643-4970 Fax: 239-643-4945 Email: Joderek.adams @ferguson.com 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 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Tel: 239-252-8407 Fax: 239-252-6480 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. 7. 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. Page 2 of 13 1601 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. 9. 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. 10. 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Page 3 of 13 �;/ 16 C 1 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 $100,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy at the following address: Collier County Purchasing, 3327 Tamiami Trail East, Naples, FL 34112. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor 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. Page 4 of 13 16C1 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Collier County Public Utilities Water/Wastewater Department. 15. 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. 16. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the following 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 #13-6095 Underground Parts Specifications/Scope of Services, Addendum and Exhibits A and B. 17. 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. 18. 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 Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § Page 5 of 13 y' 16 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Agreement Documents are at variance therewith, it shall promptly notify the County in writing. 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 U.S.C. 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. 20. 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 Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with Exhibit B, and shall not require a change order or other modification to this Agreement. 23. 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 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. 24. VENUE. 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. 25. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this Contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that Page 6 of 13 1 C . ` Y competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Agreement Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Agreement Documents shall take precedence. 27. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. * * * * * Cq Page 7 of 13 16C1 :> 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER C S UN , FLORIDA Dwight E.'Bro&t tlfr C of Eourts / i s .l'�`P - B •• ,' /aill11■. ' Tom Henning, Chairm.T Dated: I eaart).t (sEAaai ci nnan't signature only., Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks Contractor l �,/// IO , ,l� l � B �r� Y Firs Witne A Signature J o t' e i e G(r^S 144RV /L2 ernGe--5 G -/✓ /Zo9l✓ TType/ r• t witness nameT TType/print signature and titlet • Sec d'/Vi ness TType/print witness nameT o Approved as to Form and Legality: tir • ` ) 0/ ,lin IA1 // 0 Assistant County Attorney Ci211Wn &veev — Print Name Page 8 of 13 Exhibit A 16 C 1 Scope of Services and Clarifications 13-6095 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 Agreement. 4. Provide a customer service representative to serve as a single point of contact to the County to assist with Agreement, order, invoice, and other items relating to the resultant Agreement. 5. Develop a vendor managed inventory plan of the 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. All invoices shall include payment terms of 1% net 30 days. Invoices shall be submitted 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 Meetings 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; Page 9 of 13 1601 3) Consider possible pilot program efficiencies particularly around new technology. Asset Management Collier County is currently working on a new Asset Management system and will require the contractor to use Collier County part numbers. The contractor shall be available to work with the Asset Management team when needed. The contractor shall also provide the County with Bar Coding system. 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 Agreement 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. ➢ 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 Agreement 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. CD Page 10 of 13 1601 121 Days and throughout Agreement 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 11 of 13 .� C 1 Exhibit B Pricing 13-6095 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 Agreement. 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 5,000 core items which shall be updated as needed, generally on a monthly basis. Pricing under this Agreement not only encompasses the items on the RFP response and the List, but gives the County access to all 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 currently has 250 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 Agreement Manager and must be based upon increased costs to the Contractor only. Verification of these increases shall be furnished to the County Agreement 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 Specialty 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 Agreement manager and the Contractor. Generally, these Unlisted Items shall be sourced by the Contractor and provided to the County at cost plus an eleven percent (11%) 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. The Contractor shall also add Unlisted Items to the list upon the request of the County Agreement Manager. Once an Unlisted Item is added to the List, the Page 12 of 13 GQ' 16C1 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. Direct Material Purchases: This Agreement 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 13 of 13 C Pn, AC iArL ; CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 07/16/2013 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. Willis of Maryland, Inc. PHONE FAX c/o 26 Century Blvd. (A/CNO FXT)• 877-945-7378 (A/CJJO)- 888-467-2378 P. 0. Box 305191 EMAIL ADDRESS: certificates@wi11ia.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC _ INSURER A:National Union Fire Ins. Co. of Pittsburg 19445-002 INSURED INSURERS:National Union Fire Ins. Co. of Pittsburg 19445-000 Ferguson Enterprises, Inc. and Subsidiaries (See Attached Named Insured Schedule) INSURER C:National Union Fire Ins. Co. of Pittsburg 19445-001 12500 Jefferson Avenue Newport News, VA 23602 INSURER D:New Hampshire Insurance Company 23841-002 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:20126867 REVISION 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. ESR ADD'L SUB R POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE ;. , +, POLICY NUMBER • +..0 a u.++• A GENERAL LIABILITY Y GL5302600 8/1/2013 8/1/2014 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE S{EaErence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY FrT LOC B AUTOMOBILE LIABILITY AOS CA6403840 8/1/2013 8/1/2014 sEeraccldeDIINGLELIMIT $ 5,000,000 B X ANY AUTO MA CA6403841 8/1/2013 8/1/2014 BODILY INJURY(Per person) $ C — ALL OWNED SCHEDULED VA CA6403842 8/1/2013 8/1/2014 BODILYINJURY(Peraccident) $ AUTOS AUTOS X HIRED AUTOS X INON-OWNED PROrPPEE TY DAMAGE AUTOS v Self- x Physical Insured Damaoe _ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ — EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D ! WORKERS COMPENSATION AOS WC079331571 8/1/2013 8/1/2014 X j WCSIAIU- I arH- AND EMPLOYERS'LIABILITY TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE NN N/A E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE 1$ 2,000,000 laves,data in and II1Iyes,FIIPIOeunder E.L.DISEASE POLICY S 2,000,000 DESCRIPTION OF OPERATIONS below , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach heard 101,Addltonal Remarks Schedule,if more space is required) Store 60 - Re: For any and all work performed 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, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of County Commissioners 3327 Tamiami Trail, East r� Naples, FL 34112 - --L=-` Coll:4156787 Tpl:1678380 Cert:20126867 ®1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 031419 16 C 1 LOC#: A °® ADDITIONAL REMARKS SCHEDULE CCPR Page_2_of � AGENCY NAMED INSURED Ferguson Enterprises, Inc. and Subsidiaries Willis of Maryland, Inc. (See Attached Named Insured Schedule) POLICY NUMBER 12500 Jefferson Avenue Newport News, VA 23602 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WC Policy No. WC079331563 - AL, MD, MN, MS, NY, TN, VA WC Policy No. WC079331567 - OH, ND, WA, WI, WY WC Policy No. WC079331569 - AK, AZ, GA WC Policy No. WC079331570 - NJ, PA WC Policy No. WC079331571 - IL, KY, NC, NH, UT, VT Workers' Compensation - AL Policy No. WC079331563 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2013 - 08/01/2014 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - CA Policy No. WC079331564 Carrier: Ins. Co. of the State of PA Policy Period: 08/01/2013 - 08/01/2014 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. WC079331565 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2013 - 08/01/2014 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. WC079331566 Carrier: Ins. Co. of the State of PA Policy Period: 08/01/2013 - 08/01/2014 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. WC079331567 Carrier: Illinois National Insurance Company Policy Period: 08/01/2013 - 08/01/2014 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation n - MA Policy No. WC 079331568 Carrier: Ins. Co. of the State of PA Policy Period: 08/01/2013 - 08/01/2014 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 ACORD 101 (2008/01) Coll:4156787 Tp1:1678380 Cert:20126867 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 16 C AGENCY CUSTOMER ID: 031419 LOC#: A`°R°® ADDITIONAL REMARKS SCHEDULE Paged of _3_— AGENCY NAMED INSURED Ferguson Enterprises, Inc. and Subsidiaries Willis of Maryland, Inc. (See Attached Named Insured Schedule) POLICY NUMBER 12500 Jefferson Avenue Newport News, VA 23602 See First Page _ CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 _.__FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Workers' Compensation - AZ Policy No. WC079331569 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2013- 08/01/2014 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - NJ Policy No. WC079331570 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2013 - 08/01/2014 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 EL Disease - Policy Limit $2,000,000 Workers' Compensation - IL Policy No. WC079331571 Carrier: New Hampshire Insurance Company Policy Period: 08/01/2013 - 08/01/2014 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 is included as an Additional Insured under General Liability as required by written contract but only with respect to liability arising out of Named Insured's operations. ACORD101 (2008/01) Co11:4156787 Tp1:1678380 Cert:20126867 02008ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD 16 C1 Willis Ferguson Enterprises,Inc. and Subsidiaries. List of Named Insureds Air Cold Supply Ferguson Heating&Cooling Air Cold Supply/Webb Distributors Ferguson Holdings, Inc. Alamo Pipe&Supply Ferguson Hospitality Sales Alaska Pipe & Supply Ferguson Industrial Plastics and Pump Build.com, Inc. Division CAL-STEAM, a Wolseley Company Ferguson Integrated Systems Division, Inc. Camellia Valley Supply Ferguson Intermountain Piping Castle Supply Company, Inc. Ferguson International CastleNorth Ferguson Process Services CFP Ferguson Valve& Automation Chadwick Ferguson Waterworks Clayton Group, Inc. Ferguson Waterworks - Midwest Pipe Clayton International, LLC Ferguson Waterworks -Municipal Pipe Cline Contract Sales Ferguson Waterworks -Red Hed Colgan Cabinets Ferguson Waterworks EPPCO Colgan Distributors Ferguson Waterworks International Crow Company Frischkorn, Inc. D & C Plumbing &Heating Supply Galleria Bath &Kitchen Showplace Davis &Warshow, Inc. Gilmour Supply Company, Inc. Davidson Electric Wholesale Supply Ferguson Enterprises, Inc. dba Groeniger& The Davidson Corporation, a Delaware Company Corporation Gulf Refrigeration Supply The Davidson Group Companies, Inc High Country Plumbing Supply Davidson Group Leasing Home Equipment Company, Inc. Davidson Pipe Company Inc., a New York Indiana Plumbing Supply Co., Inc. Corporation Industrial Hub of the Carolinas Davidson Pipe Supply Company, Inc. J&G Products Davies Water J.D. Daddario Company Decorative Product Source, Inc. Kandall Fabricating E & J Plumbing&Heating Supply Co. L&H Supply, Inc. Economy Plumbing and Heating Supply Co. Lane Piping Co. Endries International of Canada, Inc. Lawrence Plumbing Supply Co. Endries International, Inc. Lincoln Products Energy & Process Corporation Linwood Pipe and Supply Ferguson Bath Kitchen and Lighting Gallery Louisiana Utilities Supply Company Ferguson Enterprises IV,Inc. Louisiana Chemical Pipe, Valve &Fitting, Ferguson Enterprises of Montana, Inc. Inc. dba Wolseley Industrial Group Ferguson Enterprises of Virginia, Inc. LUSCO Ferguson Enterprises V, Inc. Lyon Conklin &Co.,Inc. Ferguson Enterprises,Inc. Mastercraft Cabinets Ferguson Enterprises, Inc. of Virginia Monotube Pile Corporation Ferguson Fire& Fabrication, Inc. Northern Water Works Supply, Inc. Ferguson Fire&Fabrication, Inc. (fka Sierra Onda-Lay Pipe and Rental, Inc. Craft, Inc.) Page's Appliances Ferguson Full Service Supply Palermo Supply 16 C1 was Ferguson Enterprises,Inc.and Subsidiaries. List of Named Insureds Park Supply Pipe Products Plumbing Decor Plumb Source Power Equipment Direct Inc. R Supply Company Record Supply Company Reese Kitchen, Bath&Lighting Gallery S.G. Supply Company S.G. Supply Company dba SG Supply Co., a Ferguson Enterprise Sierra Craft, Inc. SOS Sales Specialty Pipe &Tube, Inc. Specialty Pipe &Tube of Texas, Inc. Summer& Dunbar Supply North Central Group Stock Loan Services LLC 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. Wolseley Industrial Group Wolseley Industrial Plastics Wolseley Investments Acquisitions, Inc. Wolseley Investments, Inc. Wolselely NA Construction Services, LLC Wolseley North America, Inc. Wolseley North American Consulting, LLC Wolseley North American Services, Inc. WPCC Forwarding, LLC