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2120 PBA 18/19-23 Ferguson WaterworksCITY OF SXKFOFLD FINANCE DEPARTMENT PURCHASINGE TRANsMITTAL MEMORANDUM The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Li,h.ds.ey 13oja&z.4ev- From SharePoint_Finance_Purchasing_Forms - 2018.doc Date Ferguson Waterworks, Inc. Piggyback Contract (PBA 18/19-23) The City of Sanford ("City") enters this "Piggyback" Contract with Ferguson Waterworks, Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal address is 9692 Florida Mining Boulevard West, Jacksonville, Florida 32257, and whose mailing address is 543 72nd Avenue North, St. Petersburg, Florida 33702 ,under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the Seminole County, said contract being identified as "Term Contract For Purchase Of Assorted Concrete, Corrugated And Drainage Pipes" relating to "IFB-603115- 18/GCM; Groups 9-36", in order for the Vendor to provide products and services relative to concrete products (said original contract being referred to as the "original government contract"). (2). The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: N/A. (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., J.D.; Public Works Director; City Hall; City of Sanford, Florida; 300 North Park Avenue; Sanford, Florida 32771, telephone number 407-688- 5085, facsimile transmittal number 407-688-5091 and whose e-mail address is Bilal.lftikhar@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties 2 arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. (h). (1). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CITY CLERK,, CMC, FCRM, CITY OF SANFORD, CITY HALL, TRACI.HOUCHIN@SANFORDFL.GOV. (II). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: 3 (A). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (B). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (Ili). If the Vendor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (IV). Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. El Exhibit "A" [Attach original government contract] Mday 'zorq Entered this Mday of 00-'�T)V)(9't 2el-8- Attest: Signature Witness # 1 Printed Name Witness # CjTFVIF� 61461t.1 --y 04201, Signa re Witness # 2 Printed Name Witness # 2 Five Attest: Traci Houchin, CIVIC, FCRM City Clerk Approved as to form and legal sufficiency William L. Colbert City Attorney Ferguson Waterworks, Inc., a Florida corporation. By: Justin ntandon tutho�I Sales rized Representative Date: 1011 I City Of Sanford By: Norton N. Bonaparte, r., lCMA-CM City Manager Date: 0-7`7-rsle 9 TERM CONTRACT FOR PURCHASE OF ASSORTED CONCRETE, CORRUGATED, AND DRAINAGE PIPES (IFB-643115-18/GCM; Groups 9-36)) THIS AGREEMENT is dated as of the O 5 day of 20 , by and between FERGUSON WATERWORKS, INC., duly authorized to conduct business in the State of Florida, whose address is 1470 Bobby Lee Point, Sanford, Florida 32771, in this Agreement referred to as "CONTRACTOR," and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East I st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY." WITNESSETH; WHEREAS, COUNTY desires to retain a competent and qualified contractor to provide assorted concrete, corrugated, and drainage pipes for Seminole County, and WHEREAS, COUNTY has requested and received expressions of interest for the retention of contractors to provide materials to COUNTY; and WHEREAS, CONTRACTOR is competent and qualified to provide assorted concrete, corrugated, and drainage pipes to COUNTY and desires to provide materials according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Materials. COUNTY hereby retains CONTRACTOR to provide materials as further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. CONTRACTOR is also bound by all requirements as contained in the solicitation package and all addenda to this package. Required materials will be specifically enumerated, described, and depicted in the Release Orders authorizing purchase of specific materials. This Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 1 of 20 CERTIFIED COPY • GRANT MALAY CLERK OF THE CIRCUIT COURT r'" • �l AND COMPTROLLER �. SEMIN ECOUNTY,fLORIDA e DEPUTYCLERK Agreement standing alone does not authorize the purchase of materials or require COUNTY to place any orders for work. Section 2. Term, This Agreement takes effect on August 6, 2018 and continues for a period of three (3) years. At the sole option of COUNTY, this Agreement may be renewed for three (3) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations by both parties under such Release Orders will remain in effect until delivery and acceptance of the materials authorized by the respective Release Order. The first three (3) months of the initial term are considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Materials. Authorization for provision of materials by CONTRACTOR under this Agreement must be in.the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached as Exhibit B. Each Release Order will describe the materials required, state the dates for delivery of materials, and establish the amount and method of payment. The Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the materials contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 2 of 20 Section 4. Time for Completion. The materials to be provided by CONTRACTOR must be delivered, as specified in such Release Orders as may be issued under this Agreement, within the time specified in the Release Order. Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the materials provided for under this Agreement on a Fixed Fee basis. When a Release Order is issued for a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses. Section b. Payment and Billing. (a) CONTRACTOR shall supply all materials required by the Release Order; but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order materials actually provided, but in no event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total materials actually provided. (c) COUNTY shall make payments to CONTRACTOR when requested as materials are provided, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials provided, the cost of the materials provided, the name and address of CONTRACTOR, Release Order Number, Contract Number, and any other information required by this Agreement. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-1$/GCM) Page 3 of 20 The original invoice must be sent to: Director of County Comptroller's Office Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A copy of the invoice must be sent to: Roads-Stormwater Division 177 Bush Loop Sanford, Florida 32773 (d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of materials required under this Agreement and upon acceptance of the materials by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section and the total compensation so determined will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection (a) of this Section. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 4 of 20 (c) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to materials provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR's office at all reasonable times during the term of this Agreement and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. Responsibilities of CONTRACTOR. COUNTY's review of, approval and acceptance of, or payment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the materials or services provided under this Agreement. Section 9. Termination. (a) By written notice to CONTRACTOR, COUNTY may terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services and materials affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 5 of 20 other information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or m' process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be paid compensation for services performed and materials provided to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations under this Agreement. (d) CONTRACTOR will not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided in subsection (b) of this Section. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCNI) Page 6 of 20 M The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Agreement and Release Order in Conflict. Wherever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail. Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-6031 I5-18/GCN 1) Page 7 of 20 Section 13. Conflict of interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics to government. (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5010), either directly or indirectly, in the business of CONTRACTOR to be conducted here and that no such person will have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, CONTRACTOR hereby agrees that monies received from COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state or federal agency. Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned, transferred, or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 15. Indemnification of COUNTY. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's provision of materials or services under this Agreement caused by CONTRACTOR's act or omission in the performance of this Agreement. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603 i 15-18/GCM) Page 8 of 20 Section 16. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must be named additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal, or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 9 of 20 within thirty (30) days after receipt of the request. Certified copies of policies may only be provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation, including its indemnification of COUNTS", under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies must be authorized to conduct business in the State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Alternatively, policies required by this Agreement for Workers' Compensation/Employers' Liability, may be those authorized as a group self -insurer by Section 624.462 1, Florida Statutes. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge of any such circumstance and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 10 of 20 (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this required insurance coverage within the stated period will constitute a material breach of this Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and types of insurance must conform to the following minimum requirements: (1) Workers' Compensation/E plUer's Liability. (A) CONTRACTOR's insurance must cover it for liability that would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage must be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page i 1 of 20 liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance must cover it for those sources of liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting Products/Completed Operations, Contractual Liability, or Separation of Insureds. (B) CONTRACTOR shall maintain these minimum insurance limits: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Pollution Liability $1,000,000.00 (3) Business Auto Policy. (A) CONTRACTOR's insurance must cover CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must include owned, non -owned, and hired autos or any auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 12 of 20 CONTRACTOR shall maintain coverage for hired and non -owned auto liability for autos used by CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 and/or 30 of the Motor Carrier Act of 1980, endorsement MCS -90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per -accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement must apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this Section or any other Section of this Agreement. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 13 of 20 Section 17. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR hereby waives any claim or defense based on facts or evidentiary materials that were not presented for consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY administrative dispute resolution procedures. (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. Section 18. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (UB-603115-18/GCM) Page 14 of 20 communications pertaining to the day-to-day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) At all times during the normal work week, CONTRACTOR shall designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 19. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement may be predicated upon any prior representations or agreements, whether oral or written. Section 20. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. Section 21. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 15 of 20 CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. Section 22. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees, either by operation of law or by COUNTY. Section 23. Services Not Provided For. No claim for services or materials provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 24. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.471, Florida Statutes, with regard to public records and shall perform the following: Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 16 of 20 (1) Contractor shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement, (2) Contractor shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Contractor shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119. 10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-181GCM) Page 17 of 20 CONTRACTOR'sDUTY TO PROVIDE PUBLIC RECORDS RELATING TO THISCONMAYTRACTOR CONTACT■ CUSTODIAN OF :, RECORDS,TTIE SEMINOLE COUNTY PURCHASING + t CONTRACTSr , AT 407-665-7116 RHOOPERrm,SEMINTOLECOUNTYFL.GOV, PURCHASING r t CONTRACTS DIVISION, 1SECOND i r} 32771. Section 25. Compliance with Laws and Regulations. In providing all services and materials pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services and materials, including those now in effect and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY. to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 26. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-18/GCM) Page 18 of 20 purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY that will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as maybe determined by a court of competent jurisdiction. Section 27. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will -remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: For COUNTY: Roads-Stormwater Division 177 Bush Loop Sanford, Florida 32773 For CONTRACTOR: Ferguson Waterworks, Inc. 1470 Bobby Lee Point Sanford, Florida 32771 Section 28. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Section 29. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret or construe any provision of this Agreement. Term Contract for Purchase of Assorted Concrete, Corrugated, and Drainage Pipes (IFB-603115-181GCM) Page 19 of 20 IN WffNESS WHEREOV, the parties have made and executed this Agreement for the purposes stated above. ATTEST: (CORPORATE SEAL) 'mess UV Pant Witn PrintRlam�e For the use and reliance: of Seminole County only. Approved as to fonn and Iegal sufficiency. oo ,�.�1..._1 - ­ ' - z'004 A 1dunty Attorney FERGUSON WNrERWORKS, INC. �dt n, ow1�Aa osn.<„('+gF S,p•�f3' M+rrgSt/ Date:. + Eo Qt SEMINO () 'I Y, FLU DA By: BETSY CO l 'rocurement Administrator 4' Within the authority delegated by the County Manager pursuant to Section 3.554, Seminole County Admitustrative Code. DGSnpk/dre 5116118 Attachments: Exhibit A - Scope of Services Exhibit B - Sample Release aver P:ittaersiLcgat SacraaryCSaU'iuchaaing 20I8Uin3•b713 i 15 Ferguson Water"rks.4wx ....... ... �... Trim t: pnlract fvr Purclrti�c: of Aus�rtect_ .._ <.��-une-re__ta., Cotrergntect, ttntl i)ruiaupe; Pipes (IM -603115-1 816CM Page 20 of 20 SUBMIT BIDS TO: INVITATION INVITATION FOR BID Seminole County 1301 East 2nd Street And Sanford, Florida 32771 Bidder A6 Bidder Acknowledgment Attn: PURCHASING & CONTRACTS (PCD) Contact: Gladys Marrozos, CPPB Sr. Procurement Analyst IFB-603115-18/GCM 407-665-7110 - Phone Term Contract for Purchase of 407-665-7956 - Fax Assorted Concrete, Corrugated & gmarrozos@seminolecountyfl.gov Drainage Pipes Bid Due Date Date: April 18, 2018 Time: 2:00 PM (Eastern Standard Time) Location of Public Opening: Purchasing & Contracts Division, PCD Conference Room 1301 East 2nd Street, Sanford, FL 32771 Proposer Name: Federal Employer ID Number. Ferguson Waterworks 54-1211771 Mailing Address: If returning as a "No Submittal", state reason- 1470 Bobby Lee Point (if so, return only this page). City, State, Zip: Sanford, F1, 32779 Type of Entity (Circle one)CQtrpo�ratiun The undersigned Bidder, reby Partnership Proprietorship Joint Venture acknowledgesrecelpt f Addenda Incorporated in the State of, V�ti.. Numbers f� thr glj: List of Principals: Au thorizA-1-tignature (Manual) Date Email Address: ju8tin.montandon(Df ergusc Name:Justin Montandon Tete phone Number: 407-859-7473 Title: Municipal Sales 1 407-859-9561 Date: 4/'17/18 I Nib t-UKM KU -ST H COMPLETED AND RETURNED WITH WRITTEN BID The Bidder is expected to completely analyze the information contained in this Invitation for Bid (IFB) as guidance for the preparation of their written submittal. The Bidders written bid should be specific, detailed, and complete in order to clearly and fully demonstrate the Bidder's understanding of the requested work and/or delivery requirements. IFEI-603115-18/GCM Assorted Concrete, Corrugated, and Drainage Pipes Part I General Scope Term Contract for Purchase of Assorted Concrete The Contractor shall be responsible for furnishing Assorted Concrete, Corrugated & Drainage Pipes as specified in the Bid Specifications and as ordered on an as needed basis by the County in accordance to the terms and conditions of the Contract Documents. Authorization for delivery of pipes by the successful Contractor(s) under this Agreement shall be in the form of written Release Orders issued and executed by the County. Each Release Order shall describe the materials required and shall state the delivery Information. A. Technical Reaullrements: 1. ROUND REINFORCED CONCRETE PIPE, 8 foot section, O -Ring and Paste: All 15 inch to 60 Inch round Reinforced Concrete Pipe (RCP) specifications shall Include an O -Ring and paste and shall be pursuant to FDOT Section 941-1 and shall conform to all ASTM C-76 class III design requirements as applicable. 2. ELLIPTICAL REINFORCED CONCRETE PIPE, 8 foot section, and Gasket: All 12 x 18 inch to 48 x 76 inch elliptical Reinforced Concrete Pipe (RCP) specifications shall include a gasket and shall be pursuant to FDOT Section 941-2 and shall conform to all ASTM design requirements as applicable. 3. FLARED END SECTIONS: All flared end sections for 15 inch to 36 inch round Reinforced Concrete Pipe (RCP) shall include an O -Ring, paste and/or gasket and shall conform to FDOT Roadway and Traffic Design Standards Index 270. 4. MITERED END SECTIONS: All mitered end sections in either a 2:1 or 4:1 slope for round and elliptical RCP shall include an O -Ring, paste and/or gasket and shall conform to FDOT Roadway and Traffic Design Standards index 272. 5. O-RING, GASKET AND PASTE: 0 -Rings and paste for round Reinforced Concrete Pipe shall be pursuant to FDOT Section 942-1. Gaskets for sealing elliptical Reinforced Concrete Pipe shall be pursuant to FDOT Section 942-2. Adequate quantities of o -rings, paste and gaskets shall be supplied for each round/elliptical section ordered and each flared/mitered-end section ordered. 6. ROUND CORRUGATED STEEL PIPE In 20 foot section with one set of connecting bands and bolts., a. Corrugated Metal Pipe (CMP) non -asphalt coated, 15 Inch to 72 Inch round b. Asphalt Coated Corrugated Metal Pipe (ACCMP), 15 inch to 72 inch round Specifications shall include one set of connecting bands and bolts and shall be pursuant to FDOT Section 943, no exceptions permitted. IFS-603115-18IGGIVI - Assorted Conaete. Corrugated, and Drainage Pipes 3 7. ARCHED CORRUGATED STEEL PIPE In 20 foot section with one set of connecting bands and bolts: 0. Corrugated Metal Pipe (CMP) non -asphalt coated, 17 x 13 inch to 83 x 57 inch arched b. Asphalt Coated Corrugated Metal Pipe (ACCMP), 17 x 13 inch to 83 x 57 inch arched Specifications shall include one set of connecting bands and bolts and shall be pursuant to FDOT Section 943, no exceptions permitted. 8. FIBER REINFORCED CONCRETE PIPE (HardIStonm-RCP Concrete Stormwater Speed Drain or equal) FDOT Standard Index 205. Sizes 12" through 48" diameter. Classes I through V as defined in FDOT 941. Include 0 - Ring and paste. 9. MITERED CUTS. Mitered cut per mitered end in either a 2:1 or 4:1 slope for round and arched pipe shall be pursuant to FDOT Section 943, no exceptions permitted. Include O -Ring, paste and/or gasket. 10. CONNECTING BANDS AND BOLTS. Connecting bands and bolts shall pursuant to FDOT Section 943, no exceptions permitted. Adequate quantities of connecting bands and bolts shall be supplied for each round/arched section ordered, 111. FDOT SPECIFICATION: All materials to be furnished must conform to the latest published edition of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and all subsequent revisions. IFB-603115-18/GCK4 - Assorted Concrete, Corrugated, and Drainage Pipes 13 Part 4 Price Submittal IFB-603115-18/GCM - TERM CONTRACT FOR PURCHASE OF ASSORTED CONCRETE, CORRUGATED & DRAINAGE PIPES Name of Bidder: Ferguson Waterworks Mailing Address 1470 Bobby Lee Point Street Address: City/State/Zip: Sanford, F1, 32779 Phone Number.(!21j859-7473 FAXNumber:O_L7j 8-59-9-561 E -Mail Address: justin.montandon@fe.rguron.com Pursuant to and In compliance with the 1178, Documents, the undersigned Bidder agrees to provide and furnish any and all of the labor, material, and tools, equipment, incidentals and transportation services necessary to complete all of the Work w connection n required Conn with the required services/commodities all in strict conformity Bid Documents e 1 e set forth. for the amount hereinafter The undersigned. as Bidder, declares that the only persons or parties interested in this bid as principals are -those named herein; that this bid is made without collusion with any person, firm or corporation; and he proposes and agrees, if the bid is accepted, that he/she will execute a Term Contract with the COUNTY in the form set forth in the Contract Documents: that he/she will furnish the Insurance Certificates. The cost of the materials/equipment shall include all costs, including but not limited to: General Administrative Overhead, fringe and benefits and profit, all documentation required for operation, delivery/transportation of unit(s) to the County's service delivery address, indirect costs, i.e., insurance, etc., indirect labor costs. IFS-603115-ISIGCM Assorted Concrete. Corrugated, and Drainage pipes Group 9: POLYETHYLENE PIPE - Corrugated smooth interior HDPE pipe ADS N-12 or equal, meeting AASHTO M252 and M294 Type S. In line, bell and spigot. 18 Group 10: POLYETHYLENE PIPE HDPE Pipe couplings (split ITEM SIZE ESTIMATED QUANTITYUNIT UNITS DELIVERED PRICE EXTENDED PRICE 4" 25 eack- $ I - 6� $ L -I r- 'T, .2 002 6- 60 each $ $ 003 81J 25 each $ S- S $ 004 I ofl 5 each $ O $ U l- 005 1211 10 each $ $ q 1.5c) 006 15" 10 each $ $ A 5—qAD-- 007 18, 10 each $ $ ..008 24" 10 each $ 7,0 a(. a .-70 009 30" 10 each $ 010 Oil 36" 42" 10 each $ 01-2 48" 10 —4 each each $ $ t a $ -- 1, 6 bo 00 I. -- j 6.00 $ 780.00 T L GROUP 10 $ 4 fC - 15 - Company Name: Ferguson Waterworks IF8-603116-18/GCM Assorted Concrete, Corrugated, and Drainage Pipes 19 Group 11: POLYETHYLENE PIPE - Corrugated high density polyethylene PIPE with sock only meeting AASHTO M252. Group 12: POLYETHYLENE ADS - T -Pipe fittings meeting ASSHTO 252. ITEM SIZE ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE EXTENDED PRICE 001 4" 10 each $ W Ll $ 002 I 6"25 - each $-� �. $ '7 a 4' n 003 8- 10 each $ _8,o Li � . � C>' $ 004 lo" 10 each 1 S 5'. '), 0 $ 065 12- 10 $ ad 005 1511 10 each - $ 1, 007 181, 10 each $ $ 008 24" 10 each $ $ Go 009 30" 10 each $ ok.DD L 010 36" 10 each Oil 2" 10 each— 0 012 48n 10 each x 7 i 7,5o0,L TOTAL GROUP 12 $ —.,i Company Name: Ferguson Waterworks IFB-603115-18/GCM Assorted Concrete, Corrugated, and Drainage Pipes Wil 001 d-0-2 20 Group 13: POLYETHYLENE ADS - 90 degree elbow fittings meeting ASSHTO 552 SIZE ESTIMATED UNITS DELIVERED EXTENDED PRICE QUANTITY UNIT PRICE 4" 10 each $ $ ':j it 6" 25 each $ $ 8" 10 each $ $ DIA, 3 D 101, 10 each a $ 12' 10 each $ -.01D $ 15.1 10 each $ $ f 18" 10 each $ 17 $ 24"10 each $ 3,1 oD $ 30" 10 each $ 36" 10 each $ 3 00. 0 42" 10 each $ 7 3 c $ 48" 10 each $ TOTAL ROUP 13 $ '), 7Z) Group 14: POLYETHYLENE ADS 45 - degree elbow fittings meeting ASSHTO 252. Company name: Ferguson. waterworks IFB-603115-18/GCM Assorted Concrete, Corrugated, and Drainage Pipes IFB-503115-I6/GCM Assorted Concrete, Corrugated, and Drainage Pipes 21 $ $ 7 E) b $ *1 1) . ')` .......... EXTENDED PRICE oc) DL S. 0 0, Group 15: POLYETHYLENE - Rolls of pipe SOCK only for the ADS, ITEM SIZE ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE 001 4' 1 each 002 6"_ 1 1 each $ 003 $ 004 $ 005 1....006 1 15" 1 each each $ $ 007 18" 1 each 8 24" 1 each 009 W 1 each $ 01 each -I., Oil 42' 48" 1 1 each each $ $ TOTAL GROUP 15 Group 16: Pipe lubricant for POLYETHYLENE bell and spigot. ITEM DESCRIPTION ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE 001 Price per tub 20 bucket $ -DL ' is TOTAL GROUP 16 Group 17: POLYETHYLENE -Pipe poly tape rolls. ITEM SIZE ESTIMATED QUANTITY UNITS DELIVERED D UNIT PRICE 001 2' x 10©° C 100 $ TOTAL GROUP 17 Company Name: Ferguson Waterworks IFB-503115-I6/GCM Assorted Concrete, Corrugated, and Drainage Pipes 21 $ $ 7 E) b $ *1 1) . ')` .......... EXTENDED PRICE oc) DL S. 0 0, 22 Group 19: POLYETHYLENE - Dual Wall Snap Coupling. ITEM SIZE PIPE ESTIt ACTED UNITS DELIVERED NTI UNIT PRICE _001 10 each 10 002 all each 003 10" 10 each ITEM Group 18: POLYETHYLENE - Bell -Sell Couplers (42", 48" and 60" couplers 5ELIVEfRED require shoulder gaskets to assemble annular pipe. 30" and 36" UNIT PRICE couplers require valley gaskets for assemble). 12P 10____ each 002 ITEM PIPE SIZE I ESTIMATED UNITS DELIVERED I EXTENDED PRICE 003 18" QUANTITY UNIT PRICE001 I b_02 30"' 10 eac$ C_ � I C� _,' hT__ --- — "__ $ . , _ '• 003 36' 42" 10 each $ 004 10 each 005 48" 60" 10 each _,j 7), 10 10 each $ '0 cj TOTAL GROUP 18 S j%, r, a,) r, A Group 19: POLYETHYLENE - Dual Wall Snap Coupling. ITEM SIZE PIPE ESTIt ACTED UNITS DELIVERED NTI UNIT PRICE _001 10 each 10 002 all each 003 10" 10 each ITEM PIPE SIZE j —ESTIMATED 5ELIVEfRED QUANTITY UNIT PRICE 001 12P 10____ each 002 15" 10 each $ 003 18" 10 each $ 004 94" i - A r% — 10 each Zb 1, n —TOTAL GRO_P20 Company Name: Ferguson Waterwor)cs IFB-603115-18/GCM - Assorted Concrete, corrugated, and Drainage Pipes 8 a � -�' C" PRICE 23 Group 22: POLYETHYLENE - Annular Pro -Link ST Coupler. Group 23: POLYETHYLENE - Single Wall Snap Coupler. ITEM Group 21; POLYETHYLENE - Double Wide Annular Pro -Link ST Coupler. ITEM DRAIN BASIN ESTIMATED UNITS EXTENDED PRICE DELIVERED 3" EXTENDED PRICE each $ QUANTITY $ UNIT PRICE 4' 10 001 101, 10 each $ 7 I > $ 10 002 12" 10 each $ $ 10 0 0*3 151, 10 each $ 005 $ 10 004 -0-05- 18*1 10 each $ 006 $ 1 0 each 24" 10 each $ 3 0 $ 3e.5 -b 006 30"_ 10 each $ 007 36" 10 each 'I q, TOTAL GRO P 21 $ Group 22: POLYETHYLENE - Annular Pro -Link ST Coupler. Group 23: POLYETHYLENE - Single Wall Snap Coupler. ITEM PIPE SIZE ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE EXTENDED PRICE 001 3" 10~ each $ $ 002 _03— 4' 10 each $ —6-04— 5 10 each $1P Mt - 0 0 $ 61, 10 each $ - S. $eta 005 SO 10 each $$ C'o 006 '10" 1 0 each 1$ cl, C)o $ TOTAL r.Pni IP 9-q Company Name: Ferguson Waterworks IF"03115-18/GCM - Assorted Concrete, Corrugated, and Drainage Pipes 24 )FB-603115-18/GCM - Assorted Concrete, Corrugated, and Drainage Pipes Group 24: POLYETHYLENE - Single Wall Split Coupler. IV each zo . I -J, $ 003 51' ITEM DRAIN BASIN ESTIMATED UNITS DELIVERED $ T)ffffN-DED —PRICE 004 6" QUANTITY UNIT PRICE 13$ 001 3') 10 each $ $ SID 002 each $ 003 5- 10 each $ $ 004 61 10 each $ ESTIMATED— $ 9--L' q 005 8" EXTENDED PRICE each $ $ —C ;1$ 006 10, 10 each $ 001 solid t Cpl 007 12" 10 each $. q, $ 4" - solid " 10 each $ - I'll, $ 5 - solid 10 each $ TOTAL GROUP 24 $ 004 Group 25: POLYETHYLENE - Single Wall Snap End Caps. each $ ITEM DRAIN BASIN UNITS DELIVERED 10 EXTENDED PRICE $ '!M�AtTLt QUANTITY UNIT PRICE 001 10 each $ 1, 7 )L $ i -7� 00 002 4" 10 each $ $ 11 L4 0 00 OJ3 8" 10 each $ $ R L4 004 —1011 10 each $--'.0 $ i 12 TOTAL GROUP 25 $ I. Group 26: POLYETHYLENE - Single Wall Split End Caps. --DRAIN ITEM BASIN ESTIMATED UNITS DELIVERED EXTENDED PRICE --0-01 QUANTITY UNIT PRICE 3" 10 each $ nnq All )FB-603115-18/GCM - Assorted Concrete, Corrugated, and Drainage Pipes IV each zo . I -J, $ 003 51' 10 each $ '3,Do $ 004 6" 10-10 -J. $ 13$ 00 TOTAL GROUP 'r, Group 27: POLYETHYLENE - Internal End Plugs. ITEM ITEM DRAIN DRAIN BASIN ESTIMATED— UNITS DELIVERED EXTENDED PRICE QUANTITY UNIT PRICE 001 solid 10 each $ i 1. -N $ 002 4" - solid " 10 each $ - I'll, $ 5 - solid 10 each $ L $ 004 I 6" - solid I 10 each $ $ 0054' - perforated 10 each $ $ TOTAL GROUP 27 $ tit or% Company Name- Ferguson waterworks )FB-603115-18/GCM - Assorted Concrete, Corrugated, and Drainage Pipes W Group 28: POLYETHYLENE - Split End Caps. Group 29: POLYETHYLENE - End Caps, ITEM DRAIN BASIN-- --ffS--TIMATED QUANTITY UNITS DELIVERED UNIT PRICE TOTAL PRICE 001 811 10 each $ 01, $ 3 • 002 15" 10 each $i cI $ on 003 181. 10 each $ 1131 $ 004 24" 10 each $ 'i ,m $,- 005 30" 10 each$ 1. ..0go T9 .16 $ .7 006 36' 10 each $ L. 06 $ I q q-. qio 007 42" 10 each $ 14 $ 6, 1, bo 008 48" 10 each $ 1� 7 7, .... .. ..... 009 601, 10 1 each $ -2 -7 q 33 $ 010 60" 10 each $ TOTAL GROUP 29 $ ISO, Group 30: POLYETHYLENE - Field Repair Coupler (with 3 fastening straps for 8" - 48" pipe and 4 straps for 60" pipe. ITEM DRAIN BASIN 1 —I- ESTIMATED QUANTITY UNITS VERED UNIT PRICE EXTENDED PRICE 001 —6-02— 811 10 each $ U-1 wt5 $ 3 • 10" 10 each $ 1-1 o' 6, a $ Li 003 12" 10 each $ 1131 $ 004 15" 10 each $ 'i ,m $,- 005 005 24" 10 each T9 .16 $ 7b'[, EOOCI--- 30" 10 each $ L. 06 $ 0 , to 0 07 36" 10_ each $ 1 008 42" 10 each $ 009 48" 10 each 010 60" 10 each $ ISO, TOTAL GROUP 30 $ Company Name Ferguson Waterworks IFS-603115-18/GCrA - Assorted Concrete, Corrugated, and Drainage Pipes 26 Group 31: POLYETHYLENE - Flared End Sections ADS or Equal ITEM I DRAIN BASIN I ESTIMATED QUANTITY UNITS I DELIVERED UNIT PRICE EXTENDED PRICE 001 12" 15 each$ (I QUANTITY. 002 151, 15 each I$.--5 q, va $ 003 18" 15 each $ 2, 1 !, .,�X> $ Additional vertical cost per 004 24" 15 each $ 7 m •0 0 $ 0 co 005 30" 15 each $ Each $ C 10-0 0 $ 006 36" 15 each $ 16 17 OWO, 40Q 004 7 0,,& 0 10 Feet $ $ TOTAL GROUP 311$ 00•00 - Group 32: DRAIN BASINS - Custom PVC drainage structures, nyloplast drain basins or equal. (12" drain basins or larger Include h-20 rated ductile Iron or cast iron grate or cover). Basins are designed with standard elevation heights. Nyloplast manufacturer ITEM DRAIN BASIN ESTIMATEUNIT DELIVERED EXTENDED PRICE D UNIT PRICE QUANTITY. 001 12" (Standard Elev. 24") 4 10 Each Lj ea. Stub outs included 7 6.() 0 H 0-6- 002 Additional vertical cost per 10 Feet $ $ foot I i 0 k. coo, eo' 003 15" (Standard Elev. 30") 4 10 Each $ C 10-0 0 $ ea. Stub outs included 16 17 OWO, 40Q 004 Additional vertical cost per 10 Feet $ $ foot I o Q-11 005 18" (Standard Elev. 36") 4 10 Each $ 48 -10.'U $ 1 ea. Stub outs included 7 oo 006 Additional vertical cost per 10 Feet $ $ foot I 000,11Z 1,000 007 24' (Standard Elev. 36") 4 10 Each $ -$ - ea. Stub outs included 1) o3 i 16 Q 008 Additional cost per foot 10 Feet $ 1 CO - 0C) $ 1,0,00.0a F 009 Additional stub outs 10 Each $ $ 010 30' (Standard Elev. 46") 1 10 Each $ ea. Stub outs included gj OL 000 " 011 Additional cost per foot 10 Feet $ $ 1.0 '0' 012 Additional stub outs $ F- TOTAL GROUP 32 700 Company Name: Ferguson Waterworks IFS -6031 16-181GCM - Assorted Concrete, Corrugated, and Drainage Pipes 27 Group 33: INLINE DRAINS - PVC in line drainage structure Nyloplast in line drains or equal. (8"and 10" inline come standard with light duty cast Iron grate, cover or domed grate). Nyloplast manufactured. .12 inch and larger in lines come standard with H-20 cast iron or ductile iron -grates or covers. ITEM INLINE DRAINS I ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE EXTENDED PRICE D 001 8' Infine, structure 10 Each Feet A- -7,71 002 10" Inline structure 10 Each $ 1 Ot-7 It $ C 00 12" Inline structure 10 Each $ 500 OPRI'CE 004 15" Inline structure 10 Each $ s $ t q toL� C�"" 005 18" Inline structure 10 Each $ 7 005 ,c) __ 006 24" Inline structure 10 Each $ 1. 006 007 qO' Inline structure 10 Each )6,00 $ I Il- ib ec'oa 007 ---500 42" 500 Feet TOTAL* GROUP 33 Ll(). 0 V.) $ Group 34: Propylene Pipe - Corrugated smooth interior HP Storm Pipe or equal, In line, bell and Spigot ITEMI =SIZE PIP I E I ESTIMATED QUANTITY UNITS DELIVERED UNIT PRICE EXTENDED PRICE 001 _ 12" 200 Feet $ -7,71 $ 1, 54 '1 002 1,000 Feet $ $ 003 181, 500 Feet $ 1 a.70 $C. (1 4,3150 -,OC. 004 24" 500 Feet $ a $ ic 710-ok) 005 30" 500 Feet $ 006 36" Feet $ )6,00 $ I Il- ib ec'oa 007 ---500 42" 500 Feet $ Ll(). 0 V.) $ a 0, 040�e a 008 48" 40 Feet $ (- 1, 4 "-7 $ -JL. Li 5bj)o 009 60" 100 Feet $ ik, 30 $ 9 1*6'500 (90 I TOTAL GROUP 34 $ ci -S, So. Cy Company Name Ferguson Waterworks IFB-603115-IB/GCM Assorted Concrete, Corrugated, and Drainage Pipes 28 ITEM SIZE PIPE ESTIMATED QUANTITY ITS = UNITS DELIVERED UNIT PRICE EXTENDED PRICE 001 12" 25 each $ -7 G ro 15 002 151, 60 each $ $ 003 181, 25 each $ each $ 004 24" 50 each $ -),q, ki,4 $ 7, 005 30" 10 each $ I . 7 $ 006 36" 10 each 1$ L 006 36" 007 42" 10 each $ 1,7 $ 008 48" 10 each --each $ f;u 00 $ 0 009 60)t 10 each $ L 0 00 009 60" 10 TOTAL GROUP 35 $ ITEM SIZE PIPE ESTlMA FEDUNITS QUANTITY = DELIVERED UNIT PRICE EXTENDED PRICE 001 12" 10 each $ -7 G ro 002 151, 60 each C4,otl $ 0 4 0 voo 003 181, 1 25 each $ $ CA I 004 24' 50 each $ 55 -11 $ DIE), KO -11\0 005 30" 10 each $ L 006 36" 10 each $ 007 42" 10 each $ -1 4 $ -,1.:) 770 0 008 48" 10 each $ L 0 00 009 60" 10 each $ J-L-LOwl $ Ill u � I �.0 TOTAL GROUP 36 rl .41i—i � �100 11 Company Name cik-w'd-'T IF"03115-1 O/GCM - Assorted Concrete, Corrugated, and Drainage Pipes EXHIBIT "B" (SAMPLE OF RELEASE ORDER) FLORIDA SALES: 85-W13708974C-0 Beard of County Commissioners FEDERAL SALESNSE:5"O00856 PURCHASE ORDER HT 1 O SfANNOZf COUNTY P FtCMAS NM" a"u E N D R DELIVERY )RUER NUMBER: ALL PACiONG SLIPS WMCESANDCORRESPONDENCE MUST REFER TO TRS ORDEp WMBER ORDER INQUIRIES PURCHASING AND CONTRACT DIVISION 1301 EAST SECOND STREET SANFORD FLORIDA 32771 PHONE 407 665.711$ / FAX 407 665.7956 ANALYST — SUBMIT ALL INVOICES IN DUPLICATE TO: CLERK - S.C.C. FINANCE DIVISION POST OFFICE BOX 5060 SANFORD, FL 32772 ACats. Payable Inquiries - Phone (407) 665 7656 AurtiommD SIGNATURE FOR THE SEMtN(k E COUNTY BOARD OF COLIM COM 6stGNERS Page 1 of 1 Terms and Conditions 1. AGREEMENT. This Purchase Order including these forms, conditions, and other referenced documents such as solicitations, specifications, and is option, may require the Supplier, at the Supplier's expense, to: (a) promptly repair or replace arty or all rejected goods, or to ams or re-perform responses constitute the sole and entire agreement between the parties hereto. The County does hereby retain the Supplier to furnish those any or an rejected services, or (b) to refund the price of any or all rejected goods or services. All such rejected goods will be held for' the Suppitses serviced-commodities and perform those tasks as described in this prompt inspection at the Surpplises risk Nothing contained herein shall purchase order and as further described in the scope of services, attached relieve, In any way, the Supplier from the obligation of testing, inspection, hereto and Incorporated herein, If appgcaable. This order shag be construed and quality control. and interpreted under the laws of the State of Florida. Jurisdiction and 9. TAXES. Seminole Courcy Government is a non-profit organization and not venue, with respect to any suit in connection with this order, shall rashde In subject to tax. Seminole County Florida. 2_ DELIVERY OF GOODS AND SERVICES. Failure to deliver the items or 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shalt be paid In accordance with the State of Florida Prompt Payment Act, Section 218.70, provide the service hereby ordered strictly within the time specified shall Florida Statutes, upon submission of proper imvokre(s) to County Clerk of the entitle the County to cancel this order holding the Supplier accountable Court and Comptroller, P. O. Box NW, Sanford, Florida 32772. invoices are therefore, and may charge the Supplier with any Increased cost or other loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, to be bitted at the prices stipulated on the purchase order. Ag Invoices must reference Seminole County's order number. unless deferred shipment is requested and agreed to by the County in 11. PAYMENT TERMS. it shall be understood that fie cash discount period writing. Payment or acceptance of any item atter the delivery date shall not to the County will be from the date of the invoice and not from the receipt of constitute a waterer of the County's right to cancel this order with respect to goodslseroices. subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by 12. PRICE PROTECTION. Supplier warrants that the price(s) set forth herein are equal to the lowest net price and the terms and conditions of sale are as this order to conform strictly to the specifications, drawings, or sampies as specified or furnished, and to be free from talent or patent defects In favorable as the price(s), tears, and conditions afforded by the Supplier to arty other customer for goods or services of comparable grade or quality malarial or workmanship. IF no quality is specified, the Supplier warrants to Courtly that the goods or service shall be of the lest grade of their during the term hereof. Supplier agrees that any price reductions made in the goods or services covered by this order, subsequent to its acceptance but respective kinds, or will meet or exceed the applicable standards for the industry represented, and Is fit for County's particular purpose. Supplier prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SHIPPING. Unless otherwise specified, all products further warrents that at the time the goods or services are accepted by Courtly, they shall have been produced, sold, delivered, and furnished in shall be packed, packaged, marked, and otherwise prepared for shipment in a manner that is: (a) in accordance with good commercial practice, and (b) $Viet COMIiance with all applicable Federal and State laws, municipal ordinances, regulations, rules. labor agreements, and working conditions to acceptable to common carriers for shipment at the Iowast rate for the Particular product, and in accordance with ICC regulations, and adequate to which the goods or services are subject, In addition to, and not In Ilau of the above, that at the time of accephmoe, the goods or services are applicable, Insure safe arrival of the product at the tamed destination and for storage and protection against weather. Supplier shall mark all containers with meet or exceed the applicable standards imposed by (a) Consumer Product Safety Ac, (b) Occupations) Safety and Health Act (Public Law 91-5961, as necessary lifting, handling, and shipping Information, and also this order number, date of shipment, and the name of the consignee and consignor. An amended, (c) Fair Labor Standards Act, as amended, and (d) the goods and services furnished hereunder are free of any claims or lien of itemized packing sheet must accompany each shipment. All shipments, unless specified differently, shall be FOB destination. whatever nature whether rightful or otherwise of any person, corporation, partnership. or assooleton. 14. QUANTITY. The quantities of goods, as Indicated on the face hereof, 4. MODIFICATIONS. This order can be modified or rescinded only in must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Supplier's expertise. writing by the partes or their duly authorized agents. S. TERMINATION. The County may. by written notice to the Supplier, 15. ASSiGNMENT. Supplier may not assign, transfer, or subcontract this order or any right or obligation hereunder without County's written consent terminate this order, In whole or in part, at any time, either for the Countyr's convenience or because of the failure of the Supplier to fulfill Su ppfrer's Any purported assignment transfer or subcontract shaft be null and void. 16. EQUAL OPPORTUNITY EMPLOYER. The County is an Equal agreement obligations. Upon receipt of such notice, Supplier shall discontinue all deliveries affected unless the notice directs otherwise, in Employment Opportunity (EEO) employer, and as such requiras all Suppliers or vendors to comply with EEO regulations with regards to gender, ego, such event, County shall be liable orgy for materials or components Procured. or work done, or supplies partially fabricated within the race, veteran status, country of origin, and creed as may be applicable to the Supplier. Any subcontracts entered into shag make reference to this clause authorization of this order. In no event shag County be liable for incidental or consequential damages by reason of such termination. with the same degree of application being encouraged. When applicable, the Supplier shag comply with all State and Federal EEO regulations. G. INDEMNIFICATION. Supplier agrees to protect, Indemnify, save, and hold harmless County, its officers, and employees frorn and against all 17. RIGHT TO AUDIT RECORDS. The County shall be entitled to audit the books and records of Supplier to the extent that such books and records losses, costs, and expenses, and from and against all claims. derrmnds, suits, and actions for damages, losses, costs, and expenses and from and relate to the perfomhanco of the order or any supplement to the order, Supplier shall maintain such books and records for a period of three (3) against ag liability awards, claims of patent infringement, judgments, and decrees of whatsoever nature for any and all damages to property of the years from the date of final payment under the order unless the County otherwise authorizes a shortar period In writing. County or others of whatsoever nature and for any and eg Iujury to any Persons arising out of or resulting from the negligence of Supplier, breach 16. FISCAL YEAR FUNDING Ai'PROPRIATION. Unless, otherwise provided by law, a order for supplies araf/or services may be entered into for any of this order In fhe manufacture of goads, from any defect in materials or workmanship from the failure of the goods to perform to its full capacity as period of time deoenusd to be in the best Interest of the County provided the tern of fie order and conditions of renewal or extension, if any, are included specified in the order, specification, or other data, or from the breach of any express or implied warrants. The remedies afforded to the County by this in the solicitations, and funds are available for the initial fiscal period of the order. Payment and performance obligations for succeeding fiscal periods clause are cumulative with, and in no way affect any other legal remedy the County may have under this order or at law. shall be subject to the annual appropriation by County. T. INSURANCE. Supplier shag obtain and maintain in force adequate 19. FAILURE TO ACCEPT PURCHASE ORDER. Failure of the Supplier to accept the order as specified may be cause for cancellation of the award. insurance as directed by the County, Supplier may also be required to carry workers' compensation Insurance in accordance with the laws of the Slats Suppliers who default are subject to suspension andlor debarment, 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Wherever the of Florida.Suppleer r shall furnish County with Certificate of Insurance for all service relax orders and and other specialized services performed terms and conditions of the Maln/Master Agreement congict with any Purchase Order issued pursuant to H. the Mainvftster Agreement shall at Sue location. Any cert requested snag be provided to the prevail. Purchasing and Contracts Division within tan (10) days from notice. Supplier shall notify the County in the event of cancellation, material 21. FLORIDA PUBLIC RECORDS ACT. Vendor must allow public access to change, or altercation related to the Supplier's Insurance Certificate. All all documents, paps, letters or other material, whether made or received In policies shall name Seminole County as an additional insured. conjunction with this Purchase Cider which are subject to the public records act, Chapter 11% Florida Statutes. 8. INSPECTION. Ail goods and services are subject to Inspection and rejection by the County at any time including during their manufacture, construction, or preparation notwithstanding any prior payment or Rev. 6/2017 inspection. Without limiting any of the rights it may have, the County, at