HomeMy WebLinkAboutContracts & Agreements_105-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the supply and replacement of potable and non -potable water meters
("Agreement") is made and entered in this 15th day of June, 2021 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Ferguson Enterprises, LLC
("Contractor") City and Contractor are sometimes individually referred to herein as a "Party"
and, together, as the "Parties " In consideration of the mutual promises contained herein, City
and Contractor agree as follows
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform water meter installation services for City (the
"Services")
1 2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by
reference
2 2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing
rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake
the Services are on file at City's Municipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing. P 0 Box 3005), Redlands,
California 92373
2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City may enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771 6
2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771,
1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813
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2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810
2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815
2 8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to
assign to City all rights, title and interest in and to all causes of action it may have under
section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter
2 (commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, Work or materials pursuant to this
Agreement
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
3 2 City designates John R Harris, Municipal Engineering and Utilities Department Director,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference The Services shall commence as of the Effective Date
of this Agreement
4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date
of this Agreement (the "Initial Term") The City shall have the option to extend the Initial
Term of this Agreement by four (4) additional one-year terms ("Extended Terms"), on
the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term and subsequently, at least thirty (30)
days before any Extended Term The Initial Term and the Extended Terms are hereby
collectively, referred to herein as the "Term" of this Agreement
4 3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit
"B," which is attached hereto and incorporated herein by reference, in an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement
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ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of one million eight hundred eighty four thousand six hundred fifty one dollars
($1,884,651) for the Services provided during the Initial Term Should this Agreement be
extended, the compensation for Contractor's performance for the Services for each
additional one-year term shall not exceed the amount of one million eight hundred fifteen
thousand dollars ($1,815,000) for such Extended Term, bringing the total possible
amount of compensation to a not -to -exceed amount of nine million one hundred forty
four thousand six hundred fifty one dollars ($9,144,651) For the Initial Term and the
Extended Terms, City shall pay Contractor on a time and materials basis up to the not to
not -to -exceed amount in accordance with the unit prices specified in Exhibit "C," titled
"Bidder's Rate Sheet," which is attached hereto and incorporated herein by reference
5 2 Contractor shall submit monthly invoices to City describing the Services performed
during the preceding month Contractor's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom City shall pay Contractor no later than thirty (30) days after receipt and
approval by City of Contractor's invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (u) five (5) days after deposit in first class registered mail, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section
CITY
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
Phone. (909) 798-7531
CONTRACTOR
Dan Warner, District Manager
Ferguson Enterprises, LLC
11909 Tech Center Court
Poway, CA 9064
Dan Warner@Ferguson com
Phone (949) 690-4649
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not
perform any Services unless and until the required insurance listed below is obtained by
Contractor. Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services Insurance policies
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shall include a provision prohibiting cancellation of the policy except upon thirty (30)
days prior written notice to City.
A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws
of the State of California Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services
B Commercial General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property to the
extent caused by any negligent act or omission by, or the willful misconduct of,
Contractor, or its officers, employees and agents in performing the Services
ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services. Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement
7 2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A Does not make a governmental decision whether to
(i)
(ii)
approve a rate, rule or regulation, or adopt or enforce a City law,
issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
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(iii) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302
7 3 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
8 2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any of its agents
shall have control over the conduct of Contractor or Contractor's employees, except as
herein set forth Contractor shall supply all necessary tools and instrumentalities required
to perform the Services Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (n) any payment due Contractor at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Contractor Upon
receipt of a termination notice, Contractor shall immediately discontinue its provision of
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Paul T Barich, Mayor
ATTEST
ne Donaldson, City Clerk
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the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Contractoi in performing the Services Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement
FERGUSON ENTERP'. _ ES, LLC
By lV
arner, District Manager
EXHIBIT "A"
SCOPE OF SERVICES
1 Project overview The overall water meter change -out implementation involves two
main phases, each with separate sub -phases as follows
• Phase 1 - Potable Water Meters
o Includes meter routes that Redlands currently has set-up
o Integration of Neptune 360 Advanced Software and MDM on Hosted Server
o Work with City and Systems & Software, Inc (S&S) to integrate with AMR
system (S&S responsible for Water Meter Billing Work Order)
o (1,024) 1" and smaller meters in the above -mentioned routes will be replaced
with equivalent sized AMR Meter
o (408) 1-1/2" to 8" meters in the above -mentioned routes will be replaced with
equivalent sized AMR meters
o (1,147) 5/8" to 8" meters will be retro-fit with new registers, antennas and lids
o (2,579) through the lid remote antennas will be installed at all the meters sites
with lids where applicable
o Training of The City Staff on Neptune 360 Advanced Software
• Phase 1 - Non -Potable Water Meters
o Includes meter routes that Redlands currently has set-up
o Integration of Neptune 360 Advanced Software and MDM on Hosted Server
o Work with City and S&S to integrate with AMR system (S&S responsible for
Systems & Software Work Order)
o (2) 1" and smaller meters in the above -mentioned routes will be replaced with
equivalent sized AMR Meter
o (50) 1-1/2" to 6" meters in the above -mentioned routes will be replaced with
equivalent sized AMR meters
o (77) 1" to 4" meters will be retro-fit with new registers, antennas and lids
o (129) through the lid remote antennas will be installed at all the meters sites
with lids where applicable
o Training of The City Staff on Neptune 360 Advanced Software
2 Installation types and sequence
A master list of customer accounts will be provided to Ferguson These accounts have
been broken into two groups The first group are residential sized meters 1" or smaller
The second group are meters 1-1/2" and larger The installation of the retrofit radios and
full replacement meters is scheduled for installation from July 1, 2021 through June 30,
2022
Ferguson shall conduct residential meter installations by billing route Installations shall
be performed based on geographic proximity and logistics as determined by City in
discussion with Ferguson
3 Installation schedule. City and Ferguson shall establish an overall schedule for
installation of the entire project On the third workday of each week, Ferguson shall
provide City an updated schedule of where work is planned for the following week
4 Work hours Ferguson shall maintain normal work hours, which shall be from 7am -
5pm
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5 Weekly reports No later than 12 00 PM (noon) each Wednesday, Ferguson shall
transmit information to the City, the completed work orders performed during the
previous work week Such data shall be transmitted electronically as a flat file, with
comma delimited text
6. Project Managers Kyle Wagner, Construction Manager is designated as City's Project
Manager In addition, Ferguson shall designate a Ferguson's Project Manager, which
designee shall be communicated to the City The function of both Project Managers is to
ensure compliance with this Scope of Work and the project specifications
7 Ferguson's Staff
• Project Manager Ferguson shall designate a Contract Manager, who shall have the
authority to handle and resolve any disputes or contract issues with the City
• Installation Manager Ferguson shall designate an Installation Manager, who shall
be responsible for managing the installation on a day-to-day basis on behalf of
Ferguson and for seeing that all installations are carried out in a professional manner
and in compliance with the procedures required by the City, and all other applicable
local, state, and federal regulations (such as OSHA) The Installation Manager shall
be experienced in supervising meter installation contracts, and be familiar with
applicable regulations and safe and proper installation procedures
• Training of employees All employees of Ferguson who will be installing meters
must be trained in meter installation and in reading meter registers
• Uniforms and identification Ferguson's field personnel shall wear easily
recognizable uniforms and have proper identification at all times Ferguson shall be
responsible for supplying all appropriate personal protective equipment including but
not limited to safety vests, safety shoes and reflective vests
8 Items to be supplied by Ferguson.
• General Ferguson shall supply the following components and aspects of installation
overall project management, training and direct supervision of installers, problem
solving and complaint handling, inspection, testing and quality control
• Tools and materials Ferguson shall furnish all supplies, materials, tools and
equipment necessary for the successful and timely completion of all meter and AMR
installations under this contract City will supply the product specifications for Meter
gaskets and bolt sets prior to mobilization
• Vehicles. Ferguson shall be responsible for all vehicles it uses on the project
Ferguson shall provide installation service vehicles on site stocked with common
fittings and supplies needed for normal service restoration and/or replacement
Ferguson vehicles, including private vehicles used for the work, shall have the
company logo and telephone number prominently displayed on both sides of the
vehicle
• Parking Ferguson shall minimize parking problems and avoid blocking any streets
with its vehicles Ferguson shall be responsible for all parking violations
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• Local office The City Yard is located at 1270 West Park The cross street is
Tennessee City will designate a portion of this property for use by Ferguson
Ferguson shall utilize this site as its base of operations for the duration of the
installation effort Personal vehicles belonging to employees of Ferguson shall be
parked at this site during the workday Ferguson may utilize a trailer storage facility
located at the City's yard but shall be responsible for securing and insuring any and
all such trailer storage facilities Ferguson may utilize additional temporary facilities
such as trailers or cargo boxes but shall not erect any permanent facilities on the
property
• Field communications. The City requires that field installers be equipped with
cellular phones or radios so that problems or questions can be addressed
immediately Each crew must have immediate access to a mobile phone so that the
Installation Manager can be contacted if needed
9. Account and data installation scheduling
9 1 Account data file. Prior to the start of the installations, City will provide Ferguson
with an electronic file containing the information necessary to create work orders for
meter/AMR installation For each meter, the data file will indicate
■ Meter Address
■ Meter Size
■ Meter Serial Number
■ Most Recent Meter Read
9.2. Residential Customer Notification. When installing a new meter, Ferguson shall
attempt to make contact with all residents to notify them that their water will be turned off
during installation If no one is present at the residence during installation, Ferguson
may proceed with the work, but must leave a notice of the completed work on the
residence's front door upon completion
10. Installation procedures
10 1. Installation Responsibilities These are identified in Section 11
10 2 Work order processing Via a test confirmed by City, Ferguson shall be
responsible for ensuring that all data transferred to and from City's information systems
is properly working before commencing any meter or radio installations
10.3. Work order data. The Installation Manager will provide work orders to installers
Each work order will include at a minimum, the customer's address, account number,
existing meter number, existing register number, meter make, model and size, and
recent meter reading Ferguson desires that all work order data be electronic
10 4 Site conditions Before, or at the time of installation, the installer, under the direct
supervision of the Installation Manager, shall inspect the existing water meter setting,
including piping and shut-off valves If the installer determines that conditions are such
that damage to the existing piping would result, the Installation Manager shall so inform
City, shall not attempt the installation until the site is inspected by a City representative,
and shall postpone installation at that site until City authorizes Ferguson to proceed with
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the work Ferguson shall report any plumbing irregularities including but not limited to
meters installed backwards, disconnected meters, and taps located before a meter
10 5 Repairs of existing conditions At its option, City may authorize Ferguson to
make any necessary repairs to service lines or piping, provided City approves such
repairs at a rate agreeable to Ferguson prior to the repairs being done
10 6 Meter replacement. Ferguson shall ensure that the meter at the service location
matches the work order Ferguson shall check for running water prior to commencing
meter change out Ferguson shall then replace the meter, using new gaskets or
washers Old meters shall be put in the boxes that the new meters are provided in and
stored securely at City Yard Disposal of old meters will be handled by the City
10.7. Verifying service working Ferguson shall flush water line after installing a new
meter to ensure the meter is registering properly and to verify service restoration to the
premises Any location where flushing cannot be accomplished shall be reported to City
10 8 Valves During installation, Ferguson shall shut off customer's water by using a
curb stop valve At no time shall Ferguson use a crimping device to restrict water flow If
the outside control valve is not visible or inoperable, Ferguson shall notify City to rectify
the control problem
10.9. Dirt or water around meter Ferguson shall be responsible for removing and
properly disposing of any reasonable amount of dirt needed to access a meter in a meter
pit or vault If a water meter box or vault is flooded so that the meter is fully or partially
submerged, the installer must pump out the box before changing the meter Ferguson
must ensure that the water service is not in any way contaminated, even intermittently,
by standing water in the meter vault or box
10 10 Service/House line and related damage Ferguson shall be responsible for
repairing any service lines, meter couplings, angle meter valves, and service fittings it
damages at its sole cost and expense within 3 feet on the customer side of the meter
(this is the standard of practice), unless Ferguson has reported (prior to commencement
of a given installation) a condition of antiquated or inferior plumbing to City such that
needed repairs can be performed by City and/or the service/customer line break is
outside of the parameter of the meter box Any damage done by Ferguson outside the
area and scope of the work of the contract shall be repaired or replaced as directed at
no additional cost to City All plumbing work other than the replacement of a water meter
must be inspected by City
10 11 Landscape and related damage Ferguson shall be responsible for replacing
any existing landscaping, ground cover, grass, plants, shrubs, and/or trees which are
damaged during construction
1012. Completed work orders Completed work orders shall include the following
information
• meter size and meter type
• verification or correction of existing meter and account information
• old meter serial number
• final reading on old meter
• new meter number
• new meter register number
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• reading on new meter register
• date and time of installation
• name of installer
• description of any problems encountered or repairs made
All information requested on the work order must be completely filled out for the
installation to be considered complete and eligible for payment An electronic copy of all
the work order information must be provided to City on a weekly basis
11 Ferguson Installation Responsibilities
11.1 Ferguson shall be responsible for the creation and deployment of a website
specifically for the water meter replacement and endpoint installations This website will
incorporate FAQ's, and installer photos
11 2 Ferguson shall provide a Call Center and a Toll -Free number that commercial
customers can call to schedule installation appointments, to ask questions concerning
the project, or to report problems concerning installations The Call Center incorporates
an automatic call distribution system capable of receiving and queuing calls, routing calls
to waiting agents, and collection and reporting data on call volumes, waiting times, and
durations of the call The Call Center is staffed 24/7 Ferguson will also offer an online
scheduling feature which is very convenient to commercial customers and City
11 3 Ferguson will use its proprietary inventory management system to provide 100%
accountability of assigned material at all times
11 4 Ferguson will supply an automated installation information management process,
so that little or no information has to be captured or entered manually This will include
an export file that the City can utilize to automatically upload the information into the
City's Billing Software (Note Any charges for the City Billing Company to accept an
automated file are the City's responsibility) All up-to-date installation information, along
with live installer tracking, is available to The City staff via a secure website
11 5 Ferguson will perform background checks for all staff that will perform installation
work on the project
11.6 The Ferguson management team will be responsible for all work orders Each
work order will include at a minimum customer address, account number, existing
meter number, meter size, geo-positioning, and new meter number
11.7 Ferguson shall capture GPS positioning from the meter pit with 3-5 meter
accuracy using geo-positioning software All GPS data will link to the City's GIS
database and be provided in a shape file The following information will be included in
the geo-coded data
a Water meter account number
b Address
c New Meter Serial Number
d New Register Number
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11.8 Ferguson will be responsible for a minimum of three (3) pictures of each install —
Existing Meter, Final Reading, and New Meter The pictures will be labeled by account #
and posted to an FTP Site for The City retrieval at the end of the project
11 9 Ferguson will strive to leave the installation site in a clean and neat condition,
equal to or better than the original condition of the site
11 10 Should Ferguson receive a call or complaint from a customer or the City
regarding an installation, Ferguson will immediately log the call, including caller's name,
address, account number (if available), date and time of call, nature of problem, and the
action taken All complaints shall be forwarded to the City's project liaison within 36
hours from the time of the complaint
12 Standard Meter Installation Requirements
12.1 Meters will be located in outside meter boxes (pits) or vaults with adequate
access, or if access is restricted, Contractor will be able to obtain access from the
property owner within one week of request during normal business hours,
12 2 Meter access will not subject Contractor's employees to dangerous or unsafe
working conditions,
12 3 No additional labor or groundwork will be needed to access meters, including but
not limited to cutting, removal and replacement of asphalt, tree roots, shrubbery, or
landscaping obstructions,
12 4 Existing meter locations and depths do not require confined space entry
12 5 Contractor will not be required to remove excessive amounts of dirt, silt, water or
other debris from meter boxes Excessive amounts shall be defined as dirt, silt, water or
other debris that requires 10 or more minutes of hand digging or hand pumping by one
installer,
12.6 Contractor will not be required to repair or replace pipe due to corrosion, existing
damage, plumbing irregularities, substandard conditions, or existing connections not in
conformity to current building codes,
12 7 Water meters are on setters or equipped with standard meter connections that
can be reused during meter installation,
12.8 Meter exchanges are like -for -like, same lay length and no plumbing is required,
12 9 Existing meter boxes must be in good condition, allowing enough room for easy
replacement of the existing meter Standard requirements are 6" on all sides of
residential meter/connections and 12" on all sides of commercial meter/connections
Meter box lid clearance height must also be at least 3" from top of new meter
12 10 Existing meter boxes or meter vaults will be used and curb stops and valves are
in good working condition
12 11 The Contractor presumes they will be able to find the meter box at the specified
physical address within 5 minutes or less This may require that the contractor is
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provided with accurate meter box location notes or that meter box locations are marked
with blue paint/blue flags
13. Non -Standard Meter Installation
13.1 In the event Contractor determines that any meter installation is not a standard
meter installation, the Contractor will immediately bring the matter to the attention of City
who will inspect the condition and advise Contractor on how to proceed If additional
work is requested by City, such work will be completed at an agreed upon hourly rate
plus materials In the event such additional work requires a license not required for a
standard meter installation, then the City will be responsible for engaging the services of
a contractor to perform such work prior to Contractor proceeding with the meter
installation
14 Quality Control
14 1 Response to complaints Should the City receive a call or complaint from a
customer regarding installation, City shall contact the Installation Manager to report the
complaint Ferguson shall contact the customer via telephone within two hours of
notification by City and shall resolve the complaint within the same workday
14 2 Improper installations Ferguson shall be responsible for replacing any meter
improperly installed Ferguson shall repair any damage to couplings, threads, unions, or
meters by use of improper tools or cross threading by Ferguson
14 3 Leaks after installation Ferguson shall be responsible, at no additional cost to
City, for correcting any leaks at the valves, couplings, or service/house lines within three
feet of the meter that could reasonably be attributed to the meter installation, if reported
by City or customers within 30 days of installation
14 4 Handling of old meters City will be responsible for old meter disposal
14 5 Installation control and audit procedures Ferguson shall submit to City for
review and approval its proposed system for ensuring that all data pertaining to
installation is correctly recorded during installation, and that all data transferred to City's
Customer Information System (the "CIS") is accurate Prior to any installations, Ferguson
shall describe procedures to City designed to eliminate any opportunities for a meter or
radio to be associated in the CIS with the wrong address or account number
14 7 Ferguson Invoices. Invoices from Ferguson shall contain information on work
completed by route and sequence number The invoice shall also include the quantity,
by type, of installations (full installation versus retrofit) Invoices will be submitted to City
on a monthly basis Payment terms are net 30 days from receipt of invoice by Ferguson
14.8 Daily QA/QC Requirements The Installation Manager shall review the progress
of the work on a daily basis All abnormal installations including backwards meters and
non -communication between the register and the MIU shall be identified and scheduled
for immediate correction The Installation Manager shall keep reports of all such
abnormal installations and a summary report regarding these issues shall be transmitted
to City on a weekly basis
13
L \ca\djm\Agreements\Ferguson Enterprises Agreement.NPS 2.2.FY20 0127 docpn
14.9. Regular meetings with City The Contract Manager shall meet with City
personnel periodically and not less than twice monthly to update them on progress of the
installations
14 10 Installation warranties All installation work performed under this Agreement,
shall be guaranteed against defects in workmanship for a period of one year from the
date of acceptance of the installation by City
14.11. Material warranties All materials are covered solely by manufacturer warranties
Contractor will coordinate warranty service under the manufacturer's warranty
15 Change Management Process
In the event that it may become necessary to amend this Scope of Work, this change
management process shall apply
15.1 Change Initiation Either party may initiate a change by completing the Change
Request form The initiator of the change provides the completed form to the other
party's Project Manager
15.2 Change Review and Approval The Project Managers of the two parties are
responsible for the following
15 2 1 Tracking the change requests
15 2 2 Evaluating the change requests
15.2.3 Negotiating and approving the approved change request
15 2 4 Filing the change request as an addition to the Scope of Work
15 2 5 Implementing the approved change requests
14
L \ca\djtn\Agreements\Ferguson Enterprises Agreement.NPS 2.2,FY20 0127 doc.pn
EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and Ferguson Enterprises, LLC (hereinafter
designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to
provide on -call sewer collection system repair services (the "Work"), which said agreement, dated June 15,
2021, and identified as water meter installation services is hereby referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commending the performance
of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the
claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the
Civil Code of the State of California
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City and all contractors, subcontractors, laborers, material men and other persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred
Thousand Dollars ($500,000) for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of
Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
In witness whereof, this instrument has been duly executed by the Principal and surety above named,
on , 2021
(SEAL)
(Contractor)
(SEAL)
(Surety)
BY
(Signature) (Signature)
Address
(Seal and Notarial Acknowledgment of Telephone( )
Surety)
15
L \ca\djm\Agreements\Ferguson Enterprises Agreement.NPS 2.2.FY20 0127 doc.jn
EXHIBIT "C"
Bidder's Rate Sheet
POTABLE METERS
�
u°
b.
$ 4,61426
$ 182,743.99
mw
�E
,rmiiR4RU
Mm
ry
M M N
��
ry
N
a.o.
o
ims
ry
M M
°u%
eJ
ei a
b
N N
y�y :
�R
�a.
1
N N
N N
o
o
u3
un
ri
N N
N N
GRAND TOTAL
$ 1,297,362.42
Total Cost
SEZLS'L9T $
ZL'0Z0'Z $
$ 54,559.44
$ 25,69056
$ 28,748.96
I< gem �n
80
N
ri
A
r
N M
0
m
of
n
M M
a
74,
1
N N
M M
GRAND TOTAL
$ 311,407.88
$ 1,608,770
$ 32,544
$ 29,000
0n4
0
3 a,H'
M M M
Total Meter & Strainer
Installati Cost
5iN
M M
nV
M N M
ng
N
g ' '
M N
1 M
6
0. N
nO
PI
N M
.00.
V
M N
M N
TOTAL
$ 306,628.40
Total Retrofit Installation
Cost
n0
g54
N N
On
o
N M
.
ary
N N M
2
RN
N
O
ry
N N
00
31
M N
G
a
N M
M N
O
n
O
.
',Ivl oy4.3g33^
12
N
x O
aH 2
b
Ferguson Meter & Strainer'
Install
`41mg
303
N N
3 3
m
M M M
,,i3'^
3
.......71
M
3 3
M M
3
.a
M N
$ 1,983.81
$ 2,38057
M M
$ 2,380.57
M N
8
..a
44
v
z
33
as
MN
$ 47.62
$ 47.62
38g8o8
t::;33.'
M M M
N
PI,333333
M N
0
N M
008
N M
M M
n
M
N
Total Cost for Lids
'g°
....
a^°m°
M
.....
N .......
TOTAL
$ 73,649.10
Total Cost for Lids
$ 359.76
$ 29,905.05
m4�
..............
a
o�
M
o
MN
3
S
anma my
V V
M N
ry
3�} `N' N
V 3 3
M N N•
M
..
N M
VIM
......
S
ryelj� ama{{
O 3.
.......
ama{{ l�
4 8
3
m
N
......
M N
Lid Installation c 2"
Project Management & Mobilization
9
OG
3
DS
1
22 zz
m o
zz 22 zz
o m O
m
m 3
m m
m 3
m m
m m
m 3
'
zz zz
n n
zz
n O
22 2 u
n m m
m
m m
m m
m m
m m
E
b
In
0
P
N M
1$
$
$ 4,875.00
£0-168'S $ 1
003ZT'ZZ $ 1
1 $ 7,638.27
1 $ 765.51
0101 191
M
M M
RI
.M
M N
N M
yQ Win
1-
h
tn.
TOTAL
$ 68,379.36
g
3
$ 375.00
m3333P�333Nin
O
O O
trail
8
Total Cost for Meters
4
r'
N
1 $ 145,385.70
1 $ 54,886.95
1 $ 111,198.00
1 $ 8,973.38
11 a
Omr°1
......
ry m
0
a e
M M
$ 124,572.64
..
TOTAL
$ 848,70556
Total Retro Cost
1 $ 1,280.00
$ 106,400.00
$ 34560.00
$ 13,440.00
$ 15,040.00
$ 508.35
o
e
h
v
tti
M
g
i
q
g
`i
u
1 $ 205.26
1 $ 229.14
FL,L
ry o
M M N
M
n
m
rv,-
N M
$ 3,016.84
$ 1,69737
$ 4,899.63
$ 2,138.68
ry°i0
a
nN
M ..
v�
M
$ 18,012.63
$ 11,000.00
u
o
¢
$ 160.00
$ 160.00
$ 160.00
$ 160.00
oa8v
.°i-m.°i
M N
M M
m 48
m1O
M ...
a
m .
m O
m
N M
°m
4E
..
F
T10 R9001 Procoder
T10 R9001 Pr ode
T10 R9001 Procoder
T10 R9001 Procoder
T10 R9001 Procoder
Turbine R9001 Procoder CF
ITRU/FLO COMPOUND R9001
ITurbme R9001 ProCoder CF
ITRU/FLO COMPOUND R9001
',Turbine R9001 Proroder CF
ITRU/FLO COMPOUND R9001
1Turbine R9001 Procoder CF
ITRU/FLO COMPOUND R9001
14 PROTECTUS SS R9001 P/C W/20' ANT
16 PROTECTUS 55 R9001 P/C W/20' ANT
'IS PROTECTUS SS R9001 P/C W/20' ANT
110 PROTECTUS SS R9001 P/C W/20' ANT
1 Mag Meter
F
1T10 R9001 Procode
IT10 R9001 Procoder
T10 R9001 Procoder
1T10 R9001 Proroder
T10 R9001 Procoder
Turbine R900I Procoder CF
ITRU/FLO COMPOUND R9001
ITurbme R9001 ProCoder CF
ITRU/FLO COMPOUND R9001
Turbine R9001 Procoder CF
TRU/FLO COMPOUND R9001
Turbine R900I Procoder CF
'TRU/FLO COMPOUND R9001
'8 PROTECTUS SS R9001
!10 PROTECTUS SS R9001
'Mag Meter
1147L Total for Meters, Retrofit, Strainers, Lids & Meter, Strainer and Retrofit Install
a
ti,n-I
m
"' o �,M,1
V.�
59
13
,,�n,-1�r1
OOOM
00
TOTAL
1432
quanity
�
98m
M
m,� V'
M om
oL.000
R
-
�alA.aaabdadbchaodo
00.-i
u 'F
rvrciviaa,o,uco1nv0w
V
u t
'J c
5 u
23
g
N
Ld
c
g�a
oo.i,
-
2.0-inch
3.0-mch
aaaaaa'ado-
a
a,o
to cd
0000,+,-1
16
L.\ca\djm\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY20-0127.doc.jn
a.
5
0
0
'?7
Oo0
0
0
0
0
0
ti
0o
0
0
0
z
ro
N
's]
O
r
Meter Size
Quanity
Type
Cost of meter
Total Cost for Meters
Cost of Strainer
Total Cost of Strainers
Lid
Cost
Total Cost for Lids
Ferguson Meter &
Strainer Installation
Total Meter & Strainer
Installation Cost
Total Cost
0.625-inch
0
T10 R9001 Procoder
$ 205.26
$
$
$
DFW
$44.97
$
$ 79.36
$
$
0.75-inch
0
T10 R9001 Procoder
$ 229.14
$
$
$
DFW
$44.97
$
$ 79.36
$
$
1Omch
2
T10 R9001 Procoder
$ 294.90
$ 589.80
$
$
DFW
$44.97
$ 89.94
$ 7936
$ 158.72
$ 838.46
LSinch
7
T10 R9001 Procoder
$ 503.55
$ 3,524.85
$
$
DFW
$98.22
$ 687.54
$ 396.77
$ 2,777.39
$ 6,989.78
2.0-inch
39
T10 R9001 Procoder
$ 646.50
$ 25,213.50
$
$
DFW
$98.22
$ 3,830.58
$ 396.77
$ 15,474.03
$ 44,518.11
3.0-inch
0
Turbine R9001 Procoder CF
$ 690.26
$
$ 375.00
$
Bore hole
$
$
$ 595.15
$
$
3.0-inch
0
TRU/FLO COMPOUND R9001
$ 2,383.74
$
$ 375.00
$
Bore hole
$
$
$ 595.15
$
$
4.0-inch
3
Turbine R9001 ProCoder CF
$ 1,007.11
$ 3,021.33
$ 44931
$ 1,347.93
Bore hole
$
$
$ 595.15
$ 1,785.45
$ 6,154.71
4.0-incb
0
TRU/FLO COMPOUND R9001
$ 3,016.84
$
$ 44931
$
Bore hole
$
$
$ 595.15
$
$
6.0-inch
1
Turbine R9001 Procoder CF
$ 1,697.37
$ 1,697.37
$ 765.51
$ 765.51
Bore hole
$
$
$ 1,983.81
$ 1,983.81
$ 4,446.69
6.0-inch
0
TRU/FLO COMPOUND R9001
$ 4,899.63
$
$ 765.51
$
Bore hole
$
$
$ 1,983.81
$
$
8.0-inch
0
Turbine R9001 Procoder CF
$ 2,138.68
$
$ 1,739.10
$
Bore hole
$
$
$ 2,380.57
$
$
6z8-inch
0
TRU/FLO COMPOUND R9001
$ 7,945.26
$
$ 1,739.10
$
Borehole
$
$
$
$
4.0-inch
0
4 PROTECTUS SS R9001 P/C W/20' ANT
$ 7,515.79
$
$ 1,739.10
$
$
$
6.0 inch
0
6 PROTECTUS SS R9001 P/C W/20' ANT
$ 12,102.11
$
$ 1,739.10
$
$
$
8.0-inch
0
8 PROTECTUS SS R9001 P/C W/20'ANT
$ 15,57158
$
$ 1,739.10
$
Bore hole
$
$
$ 2,380.57
$
$
10-Inch
0
10 PROTECTUS SS R9001 P/C W/20' ANT
$ 18,012.63
$
$ 2,594.37
$
Bore hole
$
$
$
$
12-inch
0
Mag Meter
$ 11000.00
$
$
$
Bore hole
$
$
$
$
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
52
$ 34,046.85.
$ 2,113.44
$ 4,608.06
$ 22,179.40
$ 62,947.75
Meter Size
Quantity
Type
Retrofit Cost
Total Retrofit Cost
Cost of Strainer
Total Cost of Strainers
Lid
Cost
Total Cost for Lids
Retrofit Installation
Total Retrofit Installation
Total Cost
0.62_5-inch
0
T10 R9001 Procoder
$ 160.00
$
$
$
DFW
$44.97
$
$ 47.62
$
$
0.75-inch
0
T10 R9001 Procoder
$ 160.00
$
$
$
DFW
$44.97
$
$ 47.62
$
$
10-inch
9
T10 R9001 Procoder
$ 160.00
$ 1,440.00
$
$
DFW
$44.97
$ 404.73
$ 47.62
$ 428.58
$ 2,273.31
1.5-inch
10
T10 R9001 Procoder
$ 160.00
$ 1,600.00
$
$
DFW
$98.22
$ 982.20
$ 47.62
$ 476.20
$ 3,058.40
2.0-inch
57
T10 R9001 Procoder
$ 160.00
$ 9,120.00
$
$
DFW
$98.22
$ 5,598.54
$ 47.62
$ 2,714.34
$ 17,432.88
3.0-inch
0
Turbine R900I Procoder CF
$ 169.45
$
$
$
Borehole
$
$
$ 7200
$
$
3.0-inch
0
TRU/FLO COMPOUND R9001
$ 338.90
$
$
$
Bore hole
$
$
$ 82.00
$
$
4.0-inch
1
Turbine R9001 ProCoder CF
$ 169.45
$ 169.45
$
$
Bore hole
$
$
$ 72.00
$ 72.00
$ 24145
4.0-inch
0
TRU/FLO COMPOUND R9001
$ 338.90
$
$
$
Bore hole
$
$
$ 82.00
$
$
6.0-inch
0
Turbine R9001 Procoder CF
$ 169.45
$
$
$
Borehole
$
$
$ 7200
$
$
6.0-inch
0
TRU/FLO COMPOUND R9001
$ 338.90
$
$
$
Bore hole
$
$
$ 8100
$
$
8.0-inch
0
Turbine R9001 Procoder CF
$ 169.45
$
$
$
Bore hole
$
$
$ 72.00
$
$
8.0-inch
0
TRU/FL0 COMPOUND R9001
$ 338.90
$
$
$
Bore hole
$
$
$ 82.00
$
$
8.0-inch
0
8 PROTECTUS SS R9001
$ 338.00
$
$
$
Bore hole
$
$
$ 8200
$
$
10-Inch
0
10 PROTECTUS SS R9001
$ 447.86
$
$
$
Bore hole
$
$
$ 8200
$
$
12-inch
0
Mag Meter
$ 223.93
$
$
$
Borehole
$
$
$ 72.00
$
$
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
77
$ 12,329.45
$
$ 6,985.47
$ 3,69L12
$ 23,006.04
Total for Meters Retrofit, Strainers, Lids & Meter Strainer and Retrofit Installation
$ 46,376.30
$ 2,113.44
$ 11,593.53
$ 25,870.52
$ 85,953.79
Lid Installation<2
124
$ 13.72
$ 1,7OL28
TAX
$ 5,257.29
GRAND TOTAL
$ 92,91236
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways.
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
FERGUSON ENTERPRISES, LLC
By
arner, District Manager
18
L \ca\djm\Agreements\Ferguson Enterprises Agreement.NPS 2.2.FY20 0127 doc.pn
Date S 11-!
�1
EXHIBIT "B"
LABOR AND MATERIAL BOND #K40317788
Whereas, the City of Redlands, State of California, and Ferguson Enterprises, LLC (hereinafter
designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to
provide on -call sewer collection system repair services (the "Work"), which said agreement, dated rune 15,
2021, and identified as water meter installation services is hereby referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commending the performance
of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the
claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the
Civil Code of the State of California
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City and all contractors, subcontractors, laborers, material men and other persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ($1.884.65t,00)
One Minion Eight Hundred eighty -Four Thousand for materialsany
furnished or labor thereon of kind, or for amounts due under
Six Hundre_d Eifty-One Dollars and 001100
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the Judgment therein rendered
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of
Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
In witness whereof this instrument has been duly executed by the Principal and surety above named,
on .tune 23 , ,„0".17,whiAN
(SEAL
Ferguter prises, LLB. -spa Ferguson Waterworks
dent of
N
(SEAL)
Federal Insurance Company
(Surety
BY
(Signature) W
Lee Wadkins, Attorney -In -Fact
Address -
100 Matsonford Road
Radnor PA 19087
Telephone(610) 964-8700
15
L;Icaldjm\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY20 0127 doc.jn
PRINCIPAL ACKNOWLEDGMENT
On thisc,2 day of J (dt_e_.) , , before me personally came\Jt) 9 a„ to
ibe known, who, being by me duly sworn, deposed and says that (s)he is the
eiyf?/ ‘,78 Piet -of the entity described in and which executed the following instrument,
that (s)he knows the seal of the said corporationlcompany, that the seal affixed to the said
instrument is such corporate/company seal, that it was so affixed by the order of the Board of
Directors of said corporation/company, that (s)he signed his/her name thereto by like order
THERESA GALLEGOS
Notary Public California
San Diego County
Commission ; 2290523
My Comm Expires Jun 26 2023
SURETY ACKNOWLEDGMENT
State of Pennsylvania
County of Delaware
On this 23rd day of .tune, 2021, before me personally came Wendy Lee Wadkms known to me to
be the duly authorized Attorney -In -Fact of the Federal Insurance Company, and the said Wendy
Lee Wadkins duly acknowledged to me that he subscribed the name of the Federal Insurance
Company thereto as Surety and his own name as Attorney -In -Fact
Notary Public
Colleen T Hearty
Commonwealth of Pennsylvania Notary Sea.
COLLEEN T HEARTY Notary Public
0elaware County
My Commission Expires Jul 2, 2022
Commission Number 1250496
N? 5389
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
mis Is To C&wTLFT, That, pursuant to the Insurance Code of the State of California,
Federal Insurance .Company
of Indianapolis Indiana organized under the
laws of Ind Tana subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance: FIRE MARINE
SURETY DISABILITY PLATE GLASS LIABILITY WORKERS COMPENSATION
COMMON CARRIER LIABILITY BOILER AND MACHINERY BURGLARY CREDIT
SPRINKLER, TEAM AND VEHICLE AUTOMOBILE AIRCRAFT and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Laois of the State of California.
Tins CERTIFICATE is expressly conditioned upon the holder hereof new and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as Lang as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code See. 701
and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application
the efor and the conditions contained herein.
TN WITNESS Waanzor, effective as of the I5th _day
of October
, 18 9 I have hereunto set
my hand and caused my official seal to be affixed this. 15 th
dayof October I990
By
csa
Bd e,nl
CHUBB'
Power of Attorney
Federal Insurance Company I Vigilant insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY. a New York corporation PACIFIC
INDEMNITY COMPANY a Wisconsin corporation WESTCHESTER FIRE INSURANCE COMPANY and AGE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Christopher F Mulvaney, Pablo Rios Jr and Wendy Lee Wadkins
Of Radnor, Pennsylvania —---------------------- ---- ___ _____ ___
each as their true and lawful Attorney -in Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same and consents to the modification or alteration of any instrument referred to in said bonds or obligations
In Witness Whereof said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day ofJanuary, 2020
1�CAlLai l�.irb1 e -g&J
1 tivm 11 I .h bin is, :lstitstxrnl'a crct'try
STATE OF NEW JERSEY
County of Hunterdon
55.
Stephen M. II lIKy Vice President
On thisI5'h day of January 2020 before me a Notary Public of New Jersey personally came Dawn M Chloros and Stephen M. Haney to me known to be Assistant Secretary and
Vice President, respectively of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY PACIFIC INDEMNIFY COMPANY WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregomg Power of Attorney and the said Dawn M Chloros and Stephen M. Haney
being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY VIGILANT INSURANCE COMPANY PACIFIC INDEMNITY COMPANY WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and
know the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies and
that their signatures as such officers were duly affixed and subscribed by like authority
Notarial Seal
KATHERINE J. ADELAAR
NOTARY eunLIC OF NEW JERSEY
No 2316685
Commission Expires July 18, 2024
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30 2016.
WESTCHESTER FIRE INSURANCE COMPANY an December 11 2006, and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED that the following authorisations relate to the execution for and on behalf of the Company of bonds. undertakings, recogntzances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a"Written Commitment").
(1) Each of the Chairman the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company under the
seal of the Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company under the seal of the Company or
otherwise, to the extent that such action is authonzed by thegrait of powers provided for in such person's written appointment as such attorney -in -fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company to appoint in writing any person the attorney -
in -fact of the Company with hill power and authority to execute, for and an behalf of the Company under the seal (tithe Company or otherwise such Written Commitments of the
Company as may be specified in such written appointment, which spetilcation may be by general type or class of Written Commitments or by specification of one or more particular
Wtiuen Commitments
(4) Each of the Chairman, the President and the Vice ['residents of the Company Is hereby authorized, for and on behalf of the Company to delegate in writing to any other officer of the
Company the authority to execute for and on behalf of die Company under the Company's seal or otherwise such Written Commitments of the Company as are specified in such
written delegation which specification may be by general type or class of Written Commitments or byspecifiicationot one ormore particular Written Commitments
(5) The signature of any officer or other person executing any Written Commitment or appomtmentor delegation pursuant to this Resolution and the seal of the Company may be affixed by
facsimile on such Written Commioncntorwritten appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers employees and other persons to act for and on behalf at
the Company and such Resolution shall not limit orotherwise affect the exercise of any such power or authority otherwise validly granted, or vested.
I Dawn M Chioros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(u) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ this 23rd day of June, 2021
[torn 11 t.Iiltirie.:I55ist:Inl s,ccreiark'
IN THE EVENT YOU WISII TO VERIFYTI I E AUI1 LENTIC'IY OFTI Its BOND ORN6'I'IFY US OF ANY OTHER MATTER, PLEASE CONI'ACTUS AT:
Telephone (908)903-3493 Fax (908)903-3656 e-mail: surety@chubbrom
Combined FED VIG-PI-WFIC-AAIC (rev 11 19)
SECRETARIAL CERTIFICATE
OF
AUTHORIZATION
The undersigned Assistant Secretary of Ferguson Enterprises, LLC, a Virginia limited
liability company (the `Company"), hereby certifies that: i) certain of the Company's facilities in
California are doing business as Ferguson Waterworks, and ii) Jon Price is General Manager in
California and iii) that the resolutions adopted by the Company's Board of Directors effective July
31, 2020, duly authorize certain of the Company's officers, including the Assistant Secretary to
designate, and I hereby do so designate Jon Price as an authorized representative of the Company
to act for and on behalf of the Company to prepare and submit bids and proposals to the Company's
customers, to enter into contracts, agreements or other documents, and to execute such documents
and undertake all such acts as may be deemed in the best interest of the Company including the
execution of bonds and in doing so, to contractually bind the Company Unless withdrawn sooner,
this certification of authorization shall be effective until July 31, 2022.
Dated:
Commonwealth of Vif
City of Newport News
Uh
5 ciao Z.. fr"'00NpNEitrvu r •„,,
L SEAL
)
FERGUSON ENTERPRISES, LLC
By.'� Wes ey ice, Assistant Secretary
Sworn to subscribed and acknowledged before me this 5i`day of May 2021, by Wesley
E. Rice, personally known to me, in his capacity as Assistant Secretary of Ferguson Enterprises,
LLC, a Virginia Company, on behalf of such Company
Notary —
My commission expires: July 31, 2022
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