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Backup Documents 12/15/2009 Item #16C 4 16C4 MEMORANDUM DATE: December 17, 2009 TO: Kelsey Ward, Contract Administration Manager Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract: #09-5201 "Underground Utilities Supplies" Contractor: Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks Attached, are two originals of the contract referenced above, (Item #16C4) approved by the Board of County Commissioners on December 15, 2009. The Minutes & Records Department has held the third original for the Board's official record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment (1) ITEM NO.: C51- ~'\2-C -()\L\'Z..9 DATE ~~~:1 n 1_;OUI\!TY ;" - "'Ib FILE NO.: ROUTED TO: zon~ ,- I 5 f- I ~, L DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES ~IL \' ::DLUL \:t Date: December 15, 2009 From: Kelsey Ward, Contracts Administration Manager Purchasing Department, Extension 8949 r2-./lo. cA ern&- 1<; JOs:-e- To: County Attorney's Office Jeff Klatzkow, County Attorney Re: Contract: #09-5201 "Underground Utilities Supplies" Contractor: Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 1 2009; Agenda Item 16.C.4 ,4 This item has been previously submitted. Contract review and approval. ,~ ~CL \ 0) \1., \ <.t \ ACTION REQUESTED: OTHER COMMENTS: This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Alicia Abbot, PUPPMD RLS# 09-(Jft~- Ot<f;).{lLL C CHECKLIST FOR REVIEWING CONTRACTS .L 0 4 Entity Name: Ptl<.&<1Sf!')N ;::/l)7e.rL/J,e./JE." ';U~, d!J.(,^- FfIl.6",s.olJ W/t-rtILWOAAS Entity name correct on contract? ~es ~No Entity registered with FL Sec. of State? ~Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Cammercial General Liability General Aggregate Required $ 1 'M.l L- Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automabile Liability Bodily Inj & Prop Required $ I I'^ I L. Workers Compensation Each accident Required $ t 11-\.1 L- Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type, Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ ~Yes - No \/'Yes No Ifit(IYes VNo _IL.Yes No S~l/.... Exp. Date B(! {"ZotO Z. <AI L- Exp. Date " " Exp. Date l, (t Exp. Date II I ~A I L- Exp. Date G'" Ml L Exp Date 51!, {ULO , 2. >'At L Exp Date g>{ ((,ZOIO " Exp Date " Exp Date I' Exp Date Exp Date Yes Provided $ ~Yes ----1L"Yes LYes Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are aU required attachments included? ~ ""f' Yes Yes /Yes ---;7 Yes _v'Yes ~Yes ,N4IJ. ----L- Yes ~Yes ----",",,-Yes ./ Yes Exp. Date Exp. Date No _No No VNo _No _No _No _No No _No No _No _No _No No Exp Date_ No '- "- Reviewer Initials: ~C! Date, '<<{fl.1 ;)JJoeI' 04-COA-O 030/222 \ 16C4 MEMORANDUM TO: Ray Carter Risk Management Department -tP o ",- j/\'- (} -fh FROM: Kelsey Ward, Contracts Administration Manager Purchasing Department DATE: December 15, 2009 RE: Review of Insurance for Contract #09-5201 "Underground Utilities Supplies" Contractor: Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks This Contract was approved by the BCC on December 15, 2009; Agenda Item 16.CA Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8949. Thank you. dod/KW ~~o <?~C ~v, ~& /,f ~b ~ ~ <i?n_ 11~~ -v.y ~ C: Alicia Abbot, PUPPMD mausen_9 16C4 From: Sent: To: Cc: Subject: RaymondCarter Tuesday, December 15. 2009 3:46 PM ward_kelsey DeLeonDiana; mausen_g: abbott_a Contract 09-5201 "Underground Utilities Supplies" Alii have approved the certificate(s) of insurance provided by "Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks" for the above referenced contract which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Cmr.t:e.1L Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State 16 r:~ I of 3 Home Contact Us E-Filing Services Document Searches Forms Help p'revi()l~s_~rt List 1II"_ltt9n!-istR"turn To_LjjI! IEntity Name Search $!lbmI1 I Eyents Name I::Ij~tQ!'}I Detail by Entity Name Foreign Profit Corporation FERGUSON ENTERPRISES. INC, Filing Information Document Number 855377 FEI/EIN Number 541211771 Date Filed 01/31/1983 State VA Status ACTIVE Last Event MERGER Event Date Filed 11/19/2008 Event Effective Date 11/3012008 Principal Address 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 US Changed 03/12/2008 Mailing Address 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 US Changed 03/12/2008 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301 US Name Changed: 03/05/2001 Address Changed: 03/05/2001 OfficerlDirector Detail Name & Address Title VPS HALL. TERRY E 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 Title CFOT KELTNER. DAVID L 12500 JEFFERSON AVENUE http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=8553 77 &inq... 12/8/2009 www.sunbiz.org - Department of State NEWPORT NEWS VA 23602 Title PD STEGEMAN, JOHN A 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 Title CD ROACH. FRANK W 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 TitleVP FELTMAN. JAMES A 12500 JEFFERSON AVE, NEWPORT NEWS VA 23602 TitleVP BYRD, LONNIE A 12500 JEFFERSON AVENUE NEWPORT NEWS VA 23602 Annual Reports Report Year Filed Date 2007 03/29/2007 2008 03/12/2008 2009 04/2912009 Document Images Page 2 of3 16C4 View image 1~ POP' fotm~ VieW image!n PDF,fmmat, VIl!Wimaae in PDFf~. ' \/JeW image 111 POFfofl!lSl View ll'tlage!n 'POI" fC>tm8t. View me ' .' , ~ , ae 111 PPI"!GmIllt . ..........H. ..... <. ..." 04/29/20PJ1 -- ANNUAl Rf;PQBT 11/19/20_0~ -,_Merger P3/12/200&.. ANNUAL REPOiU 03/29/200Z c- ANNUAL RI;e..QfIT 12/2Z12Q06 _. Merg~r Q3/28/200l'L--: ANNUAL REPQRT_ 0~/31f2005.. ANt>llJA.L REPORT 04{2212004 -- ANNUl\.l_REPORT Q_~O 2/2003 -- Al\ill[LLAl REPORT 03/27/2QO_2 - ANNUALB.EE'QFH OJ/QSf2001 -- AN_I\iUAL REPORT_ OJ/Q5/2001 -,Beg. Agent Cban9" ' VlewlmaaeiIlPQP'fl>fI!lSl.' I View Image!m !'IiIF fl>m\llt . view im......II1PDF lOOns! .......".:.":o,,"~Y!.........:'...:..."'...,,:,;,,",,..: 03/20{2QOO -- ANNUAL_REPORT 03/16/1999.. ANNIjAL REPORT 02/16/199& -- ANNUAL R_EPQFH 04/24/1997 --6NNUAL REPORT 02/27/1996_,,6NNUAL REPORT . Viewimage.1I1 PDf'fm\'lllt I 02/0111995 -- ANNIjA_LREPORT_ ViewmalielmPtlF':_> I http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&in~ doc _ number=85 53 77 &inq... 12/8/2009 www.sunbiz.org - Department of State 16 C L[age3 of3 Note, This is not official record. See documents if question or conflict. Previous on Li!;t Ne]<tQ!LList Return To List IEntity Name Search :~!i!!~ll~ Events Name Hisl9J'Y Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=8553 77 &inq... 12/8/2009 16C4 2009 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 855377 Entity Name: FERGUSON ENTERPRISES, INC, FILED Apr 29, 2009 Secretary of State Current Principal Place of Business: New Principal Place of Business: 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 US Current Mailing Address: New Mailing Address: 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 US FEI Number: 54-1211771 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Ceniticate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 US The above named entity submits this statementfor the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City~St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: VPS ( ) Delete l-\ALL, TERRY E 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 Title: Name: Address: City-st-Zip: ( ) Change ( ) Addition VCFO ( ) Delete MILLER, BRADEN L ASD 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 Title: Name: Address: City-st-Zip: CFOT (X) Change ( ) Addition KELTNER, DAVID L 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 T ( ) Delete WITT, JOSEPH R 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 litle: Name: Address: City-st~Zip: PD (X) Change ( ) Addition STEGEMAN, JOHN A 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 CD ( ) Delete ROACH, FRANK W 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition VP ( ) Delete FELTMAN, JAMES A 12805 HIGHWAY 55, SUITE 400 PLYMOUTH, MN 55441 Title: Name: Address: City~St-Zip: VP (X) Change ( ) Addition FELTMAN, JAMES A 12500 JEFFERSON AVE. NEWPORT NEWS. VA 23602 VP ( ) Delete BYRD, LONNIE A 12500 JEFFERSON AVENUE NEWPORT NEWS, VA 23602 Title: Name: Address: City~St-Zip: ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: TERRY E. HALL Electronic Signature of Signing Officer or Director VPS 04/29/2009 Date 16C4 FLORIDA DEPARTMENT OF STATE Division of Corporations February 17,2007 HRGlJSON WATERWORKS 125(10 JEFFERSON AVE NE\VI'ORT NEWS, V A Z3602 Subject: FERGUSON WATERWORKS Renewal Number: 007999047545 This will acknowledge the Fictitious Name Registration Renewal for FERGUSON WATERWORKS, filed on Febrmu)' 08,2007. This renewal continues the original registration num bel' - 002 I 68900209 until December 31, 2012. If the mailing address of this business changes, please notify this office in writing and reference the originall'egistration number. Should you have any questions regarding this matter you may contact our office at 850-245-6058. Division of Corporations ISH P.O. BOX 6327 - Tallahassee, Florida 32314 16C4 SECRETARIAL CERTIFICATE OF AUTHORIZATION The undersigned Assistant Secretary of Ferguson Enterprises, Inc., a Virginia corporation (the "Corporation"), hereby certifies that: i) certain of the Corporation's facilities in Florida are doing business as Ferguson Enterprises, Inc., d/b/a Ferguson Waterworks, and ii) Mark McFalls is General Manager and Jeff Walbert is Operating Manager of Ferguson Waterworks of Florida and iii) that the resolutions adopted by the Corporation's Board of Directors effective July 31, 2008, duly authorize certain of the Corporation's officers, including the Assistant Secretary, to designate, and I hereby do so designate Mark McFalls and Jeff Walbert as authorized representatives of the Corporation to act for and on behalf of the Corporation to prepare and submit bids and proposals, and to execute Subcontracts, Purchase Orders, Change Orders to the Corporation's customers, to enter into any other 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 31, 2010. Dated: ~1jI,I13'~(114Q09 ~~ ~~'(EAPf( ~ ~ ~ ......... IU' ~ ~ 0 /,..~'?OR.-4j... ~ ~ ~tI)~<,o ,<'\. s:;. ==>; .,1 '\z~ C = (!) : "~Ai9 ~ ~" ~...;:: ~ ~ .... SEp..\.. ,0' .~ ~ ...............'t- ~ ~/. VIRG\~\ ~ ~lll \\'~ lll/(I/lIII\\\\\\ Commonwealth of Virginia ) ) City of Newport News ) FERGUSON ENTERPRISES, INC. Sworn to subscribed and acknowledged befo David N. Meeker, personally known to me, in his Enterprises, Inc., a Virginia corporation, on behalf rch, 2009, by Qi\p~~slm, " ~:....:....lf.s::.~/~/ 'l"'," .v Pi.f<i"'~ '~ ";'0 ~'" ". ~ :~ . -= y P. Austin:; () '.. NUMBER .' ;g ~ -Q' 8336'~ ~ ~" 20 ....~:o ...."'... ~ .... ....{!!j:-,............ " Otl1 ,.-.......~" , '..'/ *"fALTr\O \\:":" 11/IIl/lflll"'\ My commission expires: 09/30/2009 A G R E E MEN T 09-5201 for Underground Utilities Supplies THIS AGREEMENT, made and entered into on this 1!i..- th day of Decernber 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": 16C4 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 Agreernent under all of the terms and conditions contained in this Agreernent for two (2) additional one (1) year perhtds. 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 rnodifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project rnanager 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 Agreernent 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 Governrnent Prompt Payment Act". Page 1 of 11 16C4 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 Tarniami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS 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.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. Page 2 of 11 16C4 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 rnanner 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 lirnits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Darnage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minirnum 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 ernployees 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 Requirernents: 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 11 16C4 NOTE: The "Certificate" should read as follows: . For any and all work perforrned 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 rneeting the requirement herein identified shall be rnaintained 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 cornply with the same insurance requirements that he is required to rneet. The sarne 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 9hall not be construed to negate, abridge or reduce any other rights or rernedies 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 rnanner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be ernployed to perforrn 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 16C4 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 ernployee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm frorn 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 agreernent, 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.e. 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, terrns 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 rnay 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 perrnitted by this Agreement to resolve disputes between the parties, the parties shall rnake 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 Agreernent, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The rnediation shall be attended Page 5 of 11 16C4 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 rnediation 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 rnatters. 23. KEY PERSONNEI/PROTECT 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 perforrnance of the contract. Selected firm shall assign as many people as necessary to cornplete the project on a timely basis, and each person assigned shall be available for an amount of tirne adequate to rneet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacernents 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 rnake 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 16C4 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:'~I;=Jerk of Courts ~....~ By: ". '....... ... - (\.C. Dated.: \ ". -t/}~ . . .~. ..1'../ .,.." . .', ~'.' . - 'I' ' " ~ "., toClta,.... , .t~'.~'lo . .. ~i t . t:, 'I'; '" \ > BOARD OF COUNTY COMMISSIONERS ::LLIERl~RD;~ Donna iala, Chairman Ferguson Enterprises, Inc. d/b/ a Ferguson Waterworks Contractor 11& SD..-f\.\ces tType/print witness namet I J.. /' #~ ~ ~ .> Second Witness By:91/ bJ~ ( Signature ilii.fE_~~~!_____Qf&l!~~ M.. "4 b f]e. Typed signature and title M~ First Witness ~et.OI.r t <:.r l"'~~... "- tType/print witness namet Approved as to form and legal sufficiency: ~~ Assistant County Attorney C!,o ((een &r~ Print Name Item#~ Agenda \ a-\'S-ra Date ~u I Date \ C).-tl-N:'l Rec'd 'V I ffr Deputy Cletk Page 7 of 11 16C4 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 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. 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 16C4 )> 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 II Exhibit B Pricing 09-5201 Underground Utilities Supplies 16C4 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 currently 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. S. 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 16C4 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 ~ 16C4 ACORV3 CERTIFICATE OF LIABILITY INSURANCE Page 1 of 4 I DATE (MMfDDNYYY) ~ 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 INSURERA: National Onion Fire Ins. Co. of pittsburg 19445-002 (See Attached Named Insured Schedule) INSURERS: 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 Comoany 23841-002 I INSURER E: American International South Insurance Co 40258-001 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE bff~~l,~~&~~~,?N LIMITS LTR DATE MM/DDIYYYY A X ~NERAL LIABILITY 0939569 8/1/2009 8/1/2010 EACH OCCURRENCE I 2 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~~~9E~~~nce I 1 000 000 I CLAIMS MADE [i] OCCUR MED EXP (Anyone person) I 10 000 - PERSONAL & ADV INJURY I 2 000 000 - GENERAL AGGREGATE I 5 000 000 -~~rILAGG~nE LIMIT APnS IPER: PRODUCTS - COMP/OP AGG I 2 000 000 PRO- POLICY JECT LOC B ~TOMOBILE LIABILITY AOS 0936264 8/1/2009 8/1/2010 COMBINED SINGLE LIMIT (Eaaccidenl) I 5,000,000 B ~ 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) I - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY (Peraccidenl) I ~ NON-OWNED AUTOS ~ Self-Insured PROPERTY DAMAGE (Per8ccidenl) I X Phveical Damaae ~~GE LIABILITY AUTO ONLY - EAACCIDENT I ANY AUTO OTHER THAN EAACC I AUTO ONLY' AGO I ~~SS / UMBRELLA LIABILITY EACH OCCURRENCE I OCCUR 0 CLAIMS MADE AGGREGATE I I =1 ~EDUCTIBLE I RETENTION I I D WORKERS COMPENSATION AOS 4288799 8/1/2009 8/1/2010 X I T"6~~IfJgs I IOTH- AND EMPLOYERS' LIABILITY Y I N ER E ANY PROPRIETOR/PARTNERlEXECUTIVE 0 AOS 4288802 8/1/2009 8/1/2010 E.L EACH ACCIDENT I 2 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE I 2 000 000 ~~~~-lt~~~~~I~~~NS below E.L DISEASE - POLICY LIMIT I 2 000 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS Re: For any and all work performed on behalf of Collier County. See Attached for Additional Workers' Compensation Policies: CERTIFICATE HOLDER CANCELLATION Collier countr Board of County Commissioners 3301 East Tam ami Trail Naples. FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPRESENTA IVE ACORD 25 (2009/01) ..,;// Coll: 2881525 Tp1: 960816 Cert: 13451647 @1988-2009ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD 16C4 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 Perguson Enterprises, Inc. and Subsidiaries INSURER A: National Union Fire Ins. Co. of Pittsburg 19445-002 (See Attached Named Insured Schedule) INSURERB:Nat!onal Union Fire Ins. Co. of Pittsburg 19445-000 12500 Jefferson Avenue Newport News, VA 23602 INSURERC:Granite State Insurance Company 23809-000 INSURER 0: New Hampshire Insurance Company 23841-002 I INSURERE:American International South Insurance Co 40258-001 DESCRIPTION OF OPERA lIONS/LOCA TIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WC POlicy No. 4288799 (Front Page) RI, UT, VA, VT, WV AK, AL, AZ, CO, DE, lA, 10, ME, MI, MN, MT, NH, NJ, NV, NY, we Policy No. 4288802 (Front Page) - AR, CT, DC, GA, HI, IL, IN, KS, KY, LA, MD, MO, MS, Ne, NE, NM, OK, PA, se, 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 - Bach 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: BL Bach Accident $2,000,000 BL 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 Coll:2881525 Tpl:960816 Cert:13451647 16C4 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 Bnterprises, Inc. and Subsidiaries INSURERA: National Union Fire Ins. Co. of Pittaburg 19445-002 (See Attached Named Insured Schedule) INSURER B: National Union Fire Ins. Co. of Pittsburg H445-QOO 12500 Jefferson Avenue Newport News, VA 23602 INSURERC: Granite State Insurance Company 23809.000 INSURER 0: New Hampshire Insurance Company 23841-002 I INSURERE:American International South Insurance Co 40258-001 DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICLESJEXCLUSIONS 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 16C4 Page 4 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pOllcy(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 16C4 willis Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Air Cold Supply Air Cold Supply/Webb 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 The 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. Gulf Refrigeration Supply High Country Plumbing Supply Home Equipment Company, Inc. Improvement Direct, Inc. Indiana Plumbing Supply Co., Inc. Industrial Hub ofthe 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 16C4 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. W olseley Investments, Inc. Wolseley North America, Inc. Wolseley North American Consulting, LLC Wolseley North American Services, Inc. WPCC Forwarding, LLC