HomeMy WebLinkAboutDocumentation_Regular_Tab 20_4/13/2023Agenda Item #20.
Regular Council
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STAFF MEMO
Meeting: Regular Council - Apr 13 2023
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
I
Consider Approval of an Agreement with Ferguson Enterprises, LLC, to Purchase Water Meter Fittings
and Water Line Accessories, Piggybacking on their Agreement with the City of Deerfield Beach/
Southeast Florida Governmental Purchasing Group
SUMMARY
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The Utilities Department (UD) recommends approval of a piggyback agreement on the City of Deerfield
Beach's agreement with Ferguson Enterprises, LLC, to purchase water meter fittings and water line
accessories for use in the water distribution system and water treatment plant piping systems. The
agreement provides discounted rates based on the agreement's established rate schedule.
The City of Deerfield Beach, acting as the lead agency for the Southeast Florida Governmental
Purchasing Cooperative Group, completed the agreement through a competitive selection process.
This agreement with Ferguson is the first of several �i as needed 1) contracts that we will be piggybacking,
this year, to obtain the best prices by leveraging the purchasing cooperative.
UD maintains an inventory of parts and materials for the repair of water lines and components within
the water distribution and water treatment systems. Because of the volatility of prices, supplies, and
unknown emergent or emergency situations, it is not possible to accurately predict the amount that will
be spent with Ferguson. However, the annual spend is typically about $26,000 and we anticipate that
that spend level will continue, all things considered.
Funds for the purchase of these and other parts from other vendors are typically allocated
annually as follows in the General Ledger (G/L) categories of the budget:
cin
Budget Department 411 - Renewal & Replacement - Operating Expenditures/ Expense
401-411-552.601 — Meters, Valves, & Hydrants — FY23 budget = $45,000
Budget Department 243- Water Distribution Division,
401-243-546.342 - Water System Maintenance — FY23 budget = $67,575
Budget Department 242 — Water Treatment Division
401-242-546.342 — Water System Maintenance — FY23 budget =$95,000 (miscellaneous $5,000)
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: Ferguson BUDGET: $105,000 ENCUMBERED: $0.00
Contract Piggyback
Page 283 of 556
Agenda Item #20.
Proposed: Projected Remaining:
$52,000 (projected) N/A
PROJECTED TOTAL: Projected BA $20,000
(0) 23-0404.Budget Table Expenditure -Protections
(1)23.0331.Teauesta Ferauson Enterprises Water Accessory Piaavback Contract sianed
2) Exhibit A -Ferguson Enterprises LLC
3) Matthew Gracie -Secretarial Cert - 3.22.22
4) 1912 Contract Renewal 2023
Page 284 of 556
Agenda Item #20.
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Page 285 of 556
Agenda Item #20.
VILLAGE OF TEQUESTA
AGREEMENT FOR
THIS AGREEMENT FOR WATER ACCESSORIES is entered into and effective
this day of April, 2023, by and hetween the VILLAGE OF TEQUESTA, a Flon'da
municipal corporation with offices located at 345 Tequesta. Drive, Tequesta, Florida 33469,
organized and existing in. accordance with the laws of the State of Florida, hereinafter "the
Village"; and FERGUSON ENTERPRISES, LLC a Florida corporation,, with offices located at
1950 NW I St' ST, Pompano Beach, FL 33069, hereinafter "the Contractor", and collectively with
the Village, "the Parties".
WITNESSETH
The Village and the Contractor., in consideration of the mutual covenants contained he -rein
and for other (1-ood and valuable consideration the receipt and sufficiency of which is hereby
acknowledged by both Pal -ties, hereby agree as follows:
I . SCOPE OF SERVICES-1 The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide water accessories as needed by the Village, The Parties agree
to enter into this Agreement and piggyback for water accessories at the unit prices described in the
City of Deerfield Beach Agreement for Water Meter Fittings and Water Line Accessories awarded
through ITB #2018-19/12. Said contract, including its terms, conditions, specifications, and
attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached
hereto as Exhibit "A".
2, COMPENSATION: In consideration for the above Scope of Services., pricing
shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the
Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the
City of Deerfield Beach Agreement for Water Meter Fittings and Water Line Accessories, as
referenced by the proposal in Exhibit "A". In consideration for the above Scope of Services and
pursuant to any Exhibits', if applicable, the Village shall pay the Contractor at the unit prices
described in Exhibit `-A". The goods or services shall be delivered on a per -order basis in a time,,
manner, and location acceptable to the Village the "Perfoniiance Date."
3* CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. If conditions
change that would require an increase in price., scope, or timefOTperfon-nance Seller must notify
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Page 286 of 556
Agenda Item #20.
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date"Chancre Order Deadline". Change orders
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submitted after the change order deadline will not be considered. Seller shal I not proceed with any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications, deny the change
order, re -advertise and re -solicit providers for the required goods or services or ten-ninate this
contract. If the Vi I lage e I ects to re -advertise and re- so I I ci t the need for goods or services the V1 11 age
will have 30 days "Solicitation Period" in which to accept the conternplated change order or
terminate this contract. At any time after execution of this Agreement but prior to S, eller's delivery
of the Goods, the Village reserves the right at As discretion to change, modify, revise add, or
remove any part of its order for the Goods as described by this Agreement and any Exhibits 7 if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Villa(Te shall make
the Goods or causes a change in the time required for delivery of the Goods, C)
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
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both Parties pursuant to Section 15. of this Agreement.
4. TERM; TERMINATION; NOTICE: Pursuant to the City of Deerfield Beach
Agreement for Water Meter Fittings and Water Line Accessories, the original contract ten-n expired
on March 5"', 2022, with three. additional one-year renewal options. And whereas The City of
Deerfield Beach has renewed the contract which is now set to expire on March 5"', 2024. This
Acyreement may be terminated by either party upon 30 days' written notice to the other party.
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Notice shall be considered sufficient when sent by certified mail or hand -delivered to the Paities
during recrular business hours at the following addresses:
t__
Village
Contractor
Village of Tequesta
Ferguson Enterprises, LLC
345 T-equesta Drive
1950 NW 18th Street
Tequesta, FL 33469-0273
Pompano Beach, FL 33069
Attn: Utilities Department
A an -9 Matt Gracte, Sales Representative
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Page 287 of 556
Agenda Item #20.
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name
the Village as an "additional insured"' on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants., and employees, from and against any claim, demand
or cause of action of whatsoever kind or nature, arising out of error, onli s-sion, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the perfon-nance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes.
7. PUBLIC ENTITIES CRIMES ACT*. As provided in Sections 287.132-133,
Florida Statutes', by cmering into this Agreement or performing any work in furtherance hereof,
the Contractor certifics that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not bccn placcd on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is requircd by Section 287.133(3)(a), Florida Statutes.
8. INDEPENDENT CONTRACTOR*. It is specifically understood that the
Contractor 'is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee -employer or principal-agcnt is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: PursUant to Scetions 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Officc of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts, and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements., require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contTactors and lobbyists
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Page 288 of 556
Agenda Item #20.
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagementl
misconduct,, and abuses.
100 E.-VERIFY ELIGIBILITY-. The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021 , the Contractor shall.- (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2) verify that all
of the Contractor'� s subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers, The Contractor shall obtain froin each of its sub -consultants an affidavit
stating that the sub -consultant does not employ, contract with, or subcontract with an Unauthorized
Alien., as that terrn is defined in Section 448.095(l)(k), Florida Statutes, as may be amended, The
Contractor shall maintain a copy of any such aff"idavit from a sub -consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer -retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(l), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
C ontractor's subcon su I tan t h a s knowingly vi olated S ection 448.09(l ), Florida Sta tutes, as may be
amended, the Village shall notify the Contractor to ten-ninate its contract with the sub -consultant
and the Contractor shall immediately terminate its contract with the sub -consultant. In the event
of such contract termination., the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
114 SCRUTINIZED COMPANIES: For Contracts under $1K the Contractor
c 'fies that 't ' I 1 1 ist created pursuant to
erti 1 is not on the Scrut'n'zed Compan'es that Boycott Israel L'
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Floricla Statutes., or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M,, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel U-st created pursuant to Section 215.4725, Florida
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Page 289 of 556
Agenda Item #20.
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida.
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725, Florida Statutes. Additionally, the Village -may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has 'been engaged in
business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees,, including fees on appeal.
11 FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in perforniance under this Agreement ifsuch failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
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Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. CHOICE OF LAW; VENUE: This Agreementshall be governed and construed
in accordance with the laws of the State of Florida., and venue shall be in Palm Beach County
,should any dispute arise with regard to this Agreement.
15. AMENDMENTS & ASSI'GNMEN'l"S: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties,
no modifications shal I be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addenduni to this Acrreement. The Contractor shall not transfer or assign the
provision of services cal I ed for in this Agreement without prior written consent of the Village.
16* PUBLIC RECORDS: In accordancewith Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public recordsl the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes.
A Contractor who falls to provide the public records to the Village, or falls to make them available
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Page 290 of 556
Agenda Item #20.
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.070 1, Florida Statutes, and other penalties under Section 119. 10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
1mcwi11iams(&,teguesta. OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
18. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
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Page 291 of 556
Agenda Item #20.
be deerned to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same., or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not sti-nilar to the act so
consented or approved.
20, ENTIRE AGREEMENT: Tills eight -page Agreement, including any Exhibits,
constitutes the entire agreement between the parties; no modification shall be made to this
Agreement unless such modification is in writing, agreed to by both parties., and attached hereto
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as an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party, for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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Page 292 of 556
Agenda Item #20.
I N WITN ESS WH E REO F, the parties hereto have executed dils Agreement on the
date and year first ahove written.
WITNESSES:
ATTEST:
Lorl McWilliams, MMC
Village Clerk
FERGUSON ENTERPRISES, LLC
By: Matt -Gracie, Sales Representative
Signature:
,7,
(Corporate Seal)
VILLAGE OF TEQUESTA
------------
Bv: Moliv. Young, Mavor
(Seal)
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Page 293 of 556
Agenda Item #20.
EXHIBIT A
Page 294 of 556
Agenda Item #20.
RESOLUTION NO. 2019/024
A RESOLUTION OF THE CITV COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF ITB
2018-19/12 WATER METER FITTINGS AND WATER LINE
ACCESSORIES, TO FERGUSON ENTERPRISES, INC., FORTILINE
WATERWORKS, INC., CORE & MAIN LP, LEHMAN PIPE &
PLUMBING SUPPLY CO.., AND EMPIRE PIPE AND SUPPLY
COMPANV, INC., ("AWARDEES") FOR THE PURCHASE OF WATER
METER FITTINGS AND WATER LINE ACCESSORIES FOR USE IN
THE WATER DISTRIBUTION SYSTEM; AUTHORIZING THE
EXECUTION OF CONTRACTS WITH THE AWARDEES; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Purchasing and Contract Administration Division issued an Invitation
to Bid for Water Meter Fittings and Water Line Accessories. ITB #2018-19/12 (the "ITB"), with
the City acting as the lead agency on behalf of the Southeast Florida Governmental Purchasing
Group;and
WHEREAS, the ITB was advertised in the legal notices section of the Sun -Sentinel on
June 2. 01019, and the notice was also sent to seventy-two prospective OfTerors vla the e-
10�.
Procurement Marketplace- and
9
WHEREAS, twelve 0 2) vendors viewed the ITB documents-, and
WHEREAS, on February 4, 2019 at 2:00 p.m. EST, the Purchasing and Contract
Administration Division (the %%Division") closed and unsealed five (5) responses which were
reviewed by the Purchasing and Contract Administration Division to ensure the responses met
the ITI3 requirements- and
WHEREAS, the bid submittals were reviewed by both the Division and Enviromnental
Services Department, and the recommendations for award are made to each bidder with the
greatest overall percentage discount on the catalog price for each individual product required in
the Bid; and
WHEREAS, the Division recommends that the City Commission approve awards of the
ITB to the Awardccs and authorize execution of contracts with the Awardecs for the 14-13.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITV OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Nection 1. The above referenced *"Whereas" clauses are true and correct and made a
part hereof
Section 2. The City Conurfission hereby approves the award of ITB #2018-19/12 for
Water Meter Fittings and Water Line Accessories to the Awardees.
Page 295 of 556
Agenda Item #20.
1 Rcsolution 2019/024
Section 3. The City Manager is hereby authorized to execute 3-year contracts with
the Awardecs consistent with the tcrms and conditions of the ITB and in amounts not to exceed the
total applicable budget allocations for each applicable fiscal year. together with such non -
substantial changes that are acceptable to the City Manager and approved as to fonn and legal
W
sufficiency bv the Citv Attorncy.
of of
Section 4. The City Manager is authorized to do all things necessary to carry out the
aims of this Resolution.
SU911 This Resolution shall become effective immediately upon adoption.
ATTEST:
PASSED AND ADOPTED "I'111S 5TI-I DAY OF MARCH, 2019.
LLYARD, CMC.
I
CITY OF DEERFIELD BEACH
BILL GANZ, MAYOR
Page 296 of 556
Agenda Item #20.
City of - Deerfield - Beach
Wbter Meter Fittings and"Water Line Accessories, ITB #2018-19/12
-between.th -CITY OF DEERFIELD BEACH .(CITY.), a
THIS. CONTRACT is entered *nto by and e
municipal c orporation--and Ferguson Waterworks, (CONTRACTOR), as follows
rW I T N E.S;S E T H:
WHEREAS, pursuant10 ITB' (the'ITB), the CITY accepted competitive bids for Water,
Meter Fittings -and Water U ne, Accessories. (the Products); and
WHEREAS-, the Or'odiuct-is delineated in the ITB; and
WHtREAS, this, Contract represents. a cooperative procurement for the -Southeast Florid.a
Governmental Purchasing.-C ooperative, Group; and
d the � CONTRA CTOR's Submittal constittite-� the entire
WHEREA& this Contract, the. ITB an
Contract..and describe..th6 product to- be, provided; and
WH.EREAS, after evaluation,of price and other evaluation criteria -specified 'in the ITB -the,CITY has
dotermined..1hat.; ' the CONTRACTOR has- -the necessary resources,., experience and- ability to'perform the
contract zt-a competitive.. price; and
WHEKEAS, the CITY has. awarded the contract to CONTRACTOR for.4he Product on March 5,
-2019, Resolution, No.20�ft_. LO-2 114,
NOW, THEREFORE' -,.be it agreed, by and between- the, parties as follow s:
ARTICLE I
INTRODUCTION,AND: SCOPE OF'PRODUCTS.
1.1 Theabove riferenced -Whereas,1 clauses are true and 'correct- and made a
part hereof.
1-2 This Contract, the ITBi together"with the.response to.the.'ITBof C ONTRACTORi, Exhibit "A" shall
constitUtb the entire Contract,, except to the extent 8pecifically. -modified- on AttEichment "A"
p
Addition6l Ter'M's, a,nd Cohditions. The partie's agree that the Detailed Specifications -are a
descnptioh, 6f 'CONTRACTOR,'s obligations .,and-. re'sp'onsibilities, and is deemed' to include
preliminary.considerations a ' ndprerequisites,. and all labor,,., materials., equipment, and tasks which
are such an inseparabie part of the work described that, exclusion would rende'r performance by
CONTRACTORim'practical, ill6gical,-or unconscionable..
13 Except,as spepifical ' [.� modifiedh6rein, CONTRAC TOR -shall- be bound byjhe ter m-s., and conditions
and prices as setlorth in the ITB.� and the CONTRACTOR'S Response to.1,the ITB. When 4he terms
and condieions -of "this, Contract: may be read:as consistent4ith the. IT'B,' then,and 'in that respect,
the term, s 6f,both'the ITB and -this Contract shall be read. as being consistent and -shall,.be.bihding
o n'both parties; Where . t6 rms a nd, cond itions of th is. Contr6& contradict- a hyth i ng as,,. set,forth in th e
ITB_ or the reSionse:.to the- ITI3,-,th.eh the terms and 6f this Contract shall"be, binding and
in U1 force arid., effect to the -extent of any inconsistency.
Page 297 of 556
'Agenda Item #20.
1 .4 This is -a. nbri-exclusive contract., The CITY 'May, in lt�, sole and'Abso-lute discretion,, utilize other
'in h -aspect ofthe Products 'if
parties toprovide.,tiny of -the products or services listed.. _-t e ITB, or -'any'.
the CITY deems it to,be in, the best interest of the CITY.-,.
1.5 CONTRACTOR acknowledges, and i3grees that the'Contract Administrator has,ho allthority-to make
a
changes that, wou Id mod ify. th e, Pr6d ucts- to be. provid ed - und,eir th is. -Contr' I ct.
ARTICLE.2
TERM ANDTIME OF PERFORMANCE
2.1 The- initial'-contract.,term _' shall. be-,three-(3)�years beginning on 3/6/2019,,an-d ending 315/2022. The
City reserves, the right to- renew d the Contract -for three, additional,one, (1) year p - eriods -providing
all terms,, conditions, and scope of,ser-vices remain -the-. sorhe,- both parties -Zg ree, to the'renewal,
and such.,rene'wal is. -.approved by 'the City.Managpr:as s6t-forth in the 1TB,. TheQ*ty,,Man_agqr shall
exedute any'renewal contract.
2.2 In the event services-,6re,schedul6d- to, end, because of the.ex'piration, of the con'tract,the Contractor
shall'confilhue the service, upon the req u est of the City Ma nag'er or designee. Th6 extensi on period
shall - -not extend for mor6 thah ninety (90)-.0a' - bpyond the -expiration d6te- of the-.existifig ;contract.
YS
The COLNTRACTOR,s -hall . be comp'ensated -for the s'ervice--at. the rate, i
n.effect when this .-extensio- n
City.
clause- is. invoked -,"by the 1
2.3 Time shall be.-deemed.to be of, the- 6 ssence in -performing -the -dutie% obligations'and responsibilities
required by this Corittact.
ARTICLE 3
COMPENSATION
3.1 The CITY shall.compensate the CONTRACTOR for services provided by -the CONTRAI�, TOR, CITY
agrees.to pay CONTRACTOR, 'in the manner specified in, -the ITBt the amounts -set forth in
CONTRACTOR�s -Response, for work actual lYperformed -and , toMpleted pursuiant-to this'Contract,
which, amount shall"be, acce-t6d, by CONTRACTOR as, full dom*pensatio'n-_ for. all''su" ch work. Itis
p
-CONTRACTOR that this amou't, is the maximurh poyable and
atknowledged ,and -:,a _Py n
-.greed
cons1itutes� a limit-ation upon- CITY's obligatibn to compensate 'CONTRACTOR for.LitS services
relaied,to 1hisCoritract. Thi's amobnt, however, does not2constitutie a1im I itation, of'any sort, upon
u
CONTRACTOR's obligation Io perform all items of work- required by or which r'.an--,be- , 'reasonably
inferred from the Scop6.of Services. No amount shall be'-Oaid to, CONTRACTOR to reimburse its
eXpenses.
3.2 The.. CONTMACTOR',and the .01V shall abide by the Local -Government � Prompt, - Payment Act, FL
SS,21810-2118,*80.
2
Page 298 of 556
Agenda Item #20.
ARTICLE 4'
TERMINATION OR SUSPENSION
4.1 This Contract may be.term.i,nated:,for-conven.ience by the CITY. Termination for,convenience by
the CITY -shall be.eff6ctive, on,the termination, date stated inviritten noti'e- provided by CITY, which
termination dat6: shall be -not, less than thirty (30) dipys,.-after the date of such Wn'tten notice. Thi's
Contract may-also".be terminated"by the City Manager upon such noticOas,the City Maniager-deems
appropriate Under...-the-ci msthnces,in'the event the City Mcinager-determihes' that term'ination is
necessary to protect the, public health or -safety. The parties ag'ree.. that- if CITY, erroneously',
improperly �or.unjustifiably terminates.for cause,, such. term- ination shall, be. deemed -a termi'nation for
convenience, wh - ich'shall.b6leffectiVe thirty (30) days.affer�guc , h -notice of termination for cause 'is
Orovided.
4GF2 This 'Contract may be -termihated for cause for reasons including, but not limited to,
CONTRACTOR s Tepeated (whether,- ne9l Ig ent or intentional) submission for. payment -of false or
incorrect bil is or inv0'ices,- fai I U re.to -su ita bly -perform the work.,,or fa ilu re? to contin uously perform th e
work-. in, a ma'nner calculat e-d to -meet'-or accomplish the bbjectives as set fotth in this Contract.
4.3 Notice. of termination shall be,provided'in accordance with,'the.."NOTICES" section of this Coritract
except that- notice -,of terminatiQn,by the City. Manager, which the City-, Manager deems necessary
to protect th e- . pu blic hea Ith safety, or. welfare may be, verbal', notice that-sh all - be promptly confirm ed
in writing'in accordance with.the "'NOTICES" secflo'n of thigl-Contract.
4.4 In the event this Co n-tract'is- -terminated,for convenience, �QONTRACTOR shall'be paid'for any
services properly perform6d--underthe Contract through th I
e termination date specified "in the wriften
notice of termination -, CONTRACTOR.'ac.knoWledges and agrees that it has received" good , Valua ble
a ' hd'.su'fficieht- consideration from CITY, the teceipt 'arid adequacy 6f which, are, hereby
ack.nowledg ed by'CONTRACTOR , for CITY's. right to terminate this -Contract for c o-nv'e'nience.
4.5 In the -event this Contract.is, terminated for any -reason, any amounts, due! - CONTRACTOR shall be
Withheld by CITY until all documents - are provided to CITY pursuant tb,, Section 6'. 1 of Article 6.
4.6 Should a&an� time,duri ' ing the term',of this.'contract, includitig-any option'Jerms ,.the CONTRACTOR
of the ter'ms''and- conditions of this, -con'tract the.Ci�y shall have� the tight to
is in violation of - � - . - I � f§fc
suspend -the.- CONTRACTOR, -until the -violation 'I's resolved -to' -the sat bction� 6f. the City. Ifthe
violation -is not proMptly resolved or is of such serious .nature that. the City determines -that
suspetisioh- is not.ad'64uate, therCity reserves the right.to,term'ihate for cause.
4.6.1 In the eve.ht'a CONTRACTOR. is'.. terminated, the'City, may assign the contract, to another
CONTRACTOR', or seek a. new CONTRACTOR, -until the contraktjs re -let', oruntil the end
of 'the; contract term, then - in - effect, at its- sole option and shall reserve al I legal remed ies for
damages - and,.other relief.
ARTICLE 5
EEO AND ADA COMPLIANCE.
5Fj 1 CONTRACTOR- .shbil not unlaWfLill'-discriminate on the b9s'is, of race- color, national -origin, sex,
y
religion, age, po'litical,giffilia'tion''or disability �in'the performance. 6f� this- Gontra6t, the solicitation -for
3
Page 299 of 556
k
Agenda Item #20.
4 1 0
or purchase of goods" or services relating., to-, this - C ontract, or in -subcontract" rk in the
o - - ing.,wo
pprfbrm'ance of1hi&'Contract. :C ONTRACTOR shall',include fheJo ilar, lanauaae in, its
regoing.,,or,sim
contracts, -with,.iany',s'ubcdntac;tors-,-or siubconsultants, excbp�'that-_
any - project ass isted , by the U.S.-
_f 'Tr --non-discrim"natibn requirements in 49
Departmentlo ansport6flon funds -shall comply, withthe
GY.R. Partg, 23. -and'26, as amend&d. Failure'-_ to comply With -the foreg6ing r6qoirenients, is a
enAt6ria-'I'breiEit:h�.-of,�thig Configct i 'hich may result -in the teft'ination of-thi& Contradf-or such othor
r .,w
remedy,-rasr-CITY dieems,zp
propriat6l,
CONTRACTOR ' �hall ' not,unl9wfUlly 0 iscrim inate - agafln�txi ny perso- n,in - its-, operations%1-and - activities
or ih its.'us&or iexpendituro of funds.. in fulfilling',its obligatibns iinder this Con'teact. �CONTRAGTOR
sh -all affirrft6tively coMpl�.m4K,all apolicable -pr6-vis-i,ons,6f`the,- Am6ricarys:.with. Disabilities, -Act (ADA)
in the, course of' -providing' any services funded by, ECITY-. includlngi� Titles, I and I I -.of the ADA
rp-garoing,nondi'cr"hnihation-on--the.-basis-,of-disabilit'y-), and.all'applic.able--regu'lat'lons .-guidelines,
and standards. Imaddition, CONTRACTOR -shall take:afflt ative�
r,m steps to%en.sure nondiscrimination
in-emplo'ynient,against disa6led persons.
ARTICLEB
MISC ELLANEGUS.
6-1-1 RIGHTS IN DOCUMENTS. AND,'WORK
n S, ph'itographs-,surveys, and.-other data and doc'uments I
Any."a 'd all report 0 _prov*ded.:,6r-created in
connedtion'. Wth this Conttact', are and shall remain the- property, of -CITY; and,. if ak�,.copyri�ght �is
cla imed , QONTRACTOR-:,grants., to� C ITY a, non-rexclusive lic ense to -, use - the - copyrig hted' i'
tem(s)
indefinitely, to, preppre�, derivative. Worka, and"Ito- make 'and-.::d1stribute.,,copies. to the public. In the
even't of termination this Contract, any reports', phptographsi, sutV and other,data and
Oys,
doic'when-.ts�.J repA�6d,by CONTRAC TOR; wh6ther fin i'she'd �'o'r' u' ht; Tzhall becom.e-thp� property
p inis ed
-seve
of CiTTY., an- d--shall.. be -delivered�, by CONTRACTOR -to thetbri'tract, AdmifiiMrator'within,
n (7)
days of, termination. of this�.-Contract--by, either party-. Any,compens toLCONT
-ati6n due, RACTOR shall.
be wiih.hel.d until,. all, documents,are, received'as provided'herein.
6'62 AUDIT RIGHTANE) RETENTION.OF RECORDS
CITY'ihall have, the right to audit the books- records, and accounts -of CONTRACTOR, and its
subcontractors! that'.are relefted to this Project. CONTRA, CTOR -and its,subcontradtorg. shall- keep
such,.books, redo-rdti,arid-ac' uhts as.May.be.n6cessary . in 6rder to, record coftipletLa,and -Correct
00
-TOR and its
entries re'lated to the Project.- All books, records, and'- accounts bf 'CONTRAC
subcont , ractors,-sha"WI.be kept- in, written form3 or'in .,a fdrrri capabla. of--. conversion, into.. written forth
wi., in, a,-reasonable�JiMe, and,upon request to'do so,. P-01NITRACT00 or it& subcontractor, as
applicable , -shall,rhake , same aval lable at no. c ost to CITY'in,,Written- forrti.
CONT RACTOR: and ",Its subcontractors 'Shall. Oreserve and,-mako -available., at 6 ' son''ble'bmes,for-
I ea a
examinatidn an'd-'aud_it':b_y C.IT-Y , lr�Eillfinaricial records, SUPP04 c re
irfg doe ' Umerlts.-statWi'al, cords, and
-Florida,Public
any,cither docu me nt�---pe'ttinent- t6th is: Contra effor the . requ ired:- retentibn � period, of the,
Records',AO, Chapter-1 19,.-F10'rid.a Statutes,.,,as rriay'be.�.amended -from,'time.to time ]f applicable,
1,rhin'murn, p�oriod -,of,three (3), years afte'r
or, ifthe,'Floridc! PUblic Records,Act-iq-n-ot'aipplicablo, forr.0 I
termination-, of, this;,,�Cohtratt. Wany--audithas been in'iti6t6d and alldit.finidings have not been
resbived at1he end,"of the retention period or'thr6ei-.(3)y.0.1rs, whichever, is lo I ngor, the''books,
records., and ac counts shall bere'tained -until,'rescilution of4he -audit--find . ings. If--the'..Flotida- Public,
R I eco .. rd . s Act is . d ter mined by . CITY to belappli . cable. to..'GON
TRACTOR's and its, subcontractors
records, CONTRAGTOR and ;its subcontractors shall -com
.ply With a.11 requirements thereofe,
0
Page 300 of 556
Agenda Item #20.
however, no - confidentiality or� �hon-disclosure -requiremen -'of e4th -or state law. shall be
i e ' r federal
violated by CONTRACTOR orits " subcontractors. Any incomplete -or incorrect entry in -,such books-,
records, . and . accounts ..shall be. a basis for C ITY's disallowance a nd . recovery of - a ny, payrn ent u po n
J
such., entry.
CONTRACTOR.sha.11, -�y-.writton -contract, require its subcontractors to agree:to-the . * ments
require
and -obligations of' this Section'62
IF THE,CONTRACTOR.-HAS QUESTIONS'REGARDING'THE.-APPLICATION
OF CHAPTER 119, FLORI'DA 8TATUTES, TO, THE CONTRACTOR'S DUTY
TO PROVID.E.. -PUBLIC 'RECORDS RELATING TO 'THIS, CONTRACT,
CONTACT THE, CUSTODIAN OF PUBLIC RECORDS. AT .(954-48'0-421-5)
WEB.CLERK@-t)EERFI I ELD-1-BEACH.COM, CITY OF DEERFIELD BEACH,
CITY.CLERWS'.- OFFICE, 150 NE 2ND AVENUE', DEERFIELD BEACH, FL
38441).
6.3 COMPLAINTS AND DISPUTES!. All Omplaints. concerning misconduct on the part,of the
C lontfactor or, disoutbs between -City staff and -the Contr�ictor, ar6 -referred to the City Man
e ager or
his, designe'e 'Wh' shall 'Conduct in-V stig'aflo's and' inquiri' s, in-
� - . 0; ' e n . - e - cludin'g.. discuss16ns,, with- the
Contractor and'involve d staff. . The determinations of the. City'Managor Mdesignee shall be, bond*
i ing
upon the parties, And failure of the CONTRACTOR to-4ollow'any such determination cou
Id- be
considered a- materia'l 'breach and subject the CONTRACTOR to termination for cause. The
CbNTF�AC'T'OR,ag�ibes"that,.";bny complaints received - b' the, City c6ncerning mis conduct on the
y
part 6f -thb CONTRACTOR, such as exce�siVe charges, pobr.bu�iness practices etc., will be
re(errOd-to Ahe. -Offic'e. of the'City,� Manager -for appropriate - ac- tion. TheCONT - RACTO.R agrees to
make any complaints concerning the City- of'.Deerfield Beach available to Ahe Office,- of the City
Manager for actionas- required.
6104 THIRD'. PARTY- BENEFICIARIES
N 'er
'eith �CONTRACTOR rfer CITY, -intends to directly or sUbstantially benefit a third- party by this
Conteact. 'Therefor'e, the. parties. -agree that there- are no -third party
beneficiaries to thi's Contract
and that no- third pafty s1hall. be entitled toi assert a right or- claim' against-0iffie r- of them basod upon
this Contract.
6.5 NOTICES
Whenever, either part -desires to give notice to the other, such notice -must be in writing, sent by
y
certified'
United States- Mail, postage prepaid, return receipt request6d or sent by - commercial
express rcarrier vWth acknowledgOrrient'of delivery, or by hand delive 'with a request for a written
ry.
receipt of acknow- ledgmeht of delivety, addressed to the paq for whom' it'is intended- -at the -place
e
last sp6cified. The. 01aci f6r:0iVihg no'tice-sha'll reinain the �;ame as set -forth herein until changed
in,wntihg *In the manner provfded:'in' thi8; section. For the present., the, parties designate. the following:
5
Page 301 of 556
Agenda Item #20.
4 a 1 0
FOR CITY -
Burgess Hanson., City. Manager
City of De'erflield Beach
150 NE 2n"'d Avehue
Deerfield'Beac.h, FL 33441
FOR CONTRACTOR:
Ferguson Waterworks
Attn: Drew- Peton'ick
1950 NW 1.8 Street
Pompano.'Beach, FL33069
954-973-1�81 00
6.6 VATERIALITY.AND WAIVER. OF'BREACH
CITY and- -CONTRACTOR.- Pg�ee-- that � each reqL;irement, _duty,,�and obligation set forth herein was
bargained,'forat,.arms,!-Ienglh,and 'i's agreed to -by the.parties_in exchange forquidr.pro qu o,- that each
is-substanfial-and important -to- the4ormation, of -this Contract -'and that each 41s, therefore, a mated a`� 1
2
term hereof.
CITY!s -failure to .'efifor-ce any -provi'ion of this Con'tract-,',shall not -be .-deeined a waiver of such
provision or modification Of this'Cbntract.. A. waiver of, any breach, of a provision of this Contract
shall,not be deem,6d a walver'..of any -subsequent breach and shall not be construed to be a
modification' of the, terms of this Contract.
6.7 SEVERANCE
In the- event. a., portion:of 1h is. C ontract is-,fou nd by a cou rt of -competent Jurisd 'ction to be invalid,, the
remaining provitio"ns shall continue to- be effective unloss -CITY or' CONTRACT -OR elects, to
ter'minatelthis'Contract. An.-.elecfioh to terminate: this Contract based upon'this- provision shall be
made, within-'seveh'(7) da - after the finding by'1he tourt'bbcomes final.
YS
6.8 JOINT PREPARATION
Each!party a nd-. 1ts. .,counsel have,, participated, fullyin the reView-.and -revision of this Contract and
acknowledg ' e thatc,the -�pr6paratibrl-of. this Contract has been their joint effort.. The- language agreed
to -expresses., their mUtual intent.,and'the resulting dodu m'edt:1 9 hall not, solely as a ma- 0
ft r of judicial
construction,, be. con.''strued more s.everely against one of the,'parties than the other. The language
in this Contract shall be,interpreted as to its'fair meaning -and not strictly for or against any party.
6.9 WAIVER-017 JURY -TRIAL
By entering. into this contract, CONTRACTOR, and CITY hereby,expres'sly waive any,prights either
party rtiay'have to -'a trial by jury,of-any civil litigation rel4ted to this. contract.
6.10 AMENDMENTS,
No --rriodificeition, amendment ,or alteratio'n in the terms or conditions contained herein shall be
effective un-less'. c'onta'ined'in- a written document prepared With -the -same"or, similar formality as this
Coritrefct , and executed by the Board and CONTRACTOR - or others - deleg6ted authority to or
otherw'ise'iauthorized to execute, same on their behalf.
6'011 PRI OR -CONTRACTS
This Aocument -represents the final and complete understanding of the. parties, and incorporates or
6
Page 302 of 556
Agenda Item #20.
supersedes all prior negotiations, correspondence, conversations, Contracts,, and understandings
applicable to the matters contained herein. The parties agree that there 'is no commitment,
Contract, or understanding concerning the subject matter of this Contract that is not contained in
this written document. Accordingly, the parties agree that no deviation from the terms hereof shall
be predicated upon any prior representation or Contract, whether oral or written.
6.12 REPRESENTATIQN OF AUTHORITY
Each individual executing this Contract on behalf of a party hereto hereby represents and warrants
that he or she is, on the date he or she signs this Contract, duly authorized by all necessary and
appropriate action to execute this Contract on behalf of such party and does so with full legal
authority.
6.13 MULTIPLE ORIGINALS
Multiple copies of this Contract may be executed by all parties, each of which, bearing original
signatures, shall have the force and effect of an original document.
IN WITNESS WHEREOF the parties have caused these presents to be executed.
CITY OF DEERFIELD BEACH
BURGE HANSON, CITY �IANAGER
Date:
ATTEST.-
fn- a%- aj"
NTP GIL YARD, -MC.
C CITY CLERK
APPR AS RM:
(V1_ANDREW S. MAURODI CITY ATTORNEY
DI
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
OR NONCORPORATION FORMAT, AS APPLICABLE.
Page 303 of 556
Agenda Item #20.
0 0 * 1h
[if Incorporated sign below.]
ATTEST:
(Secretary)
[if not incorporated sign below.]
WITNESSES:
CONTRACTOR
*VT;'(L
(Name of Corporation)
By
Signature)
(Type Name/Tftle
Signed Above)
day of 20_
CONTRACTOR
(Name)
B
(Signature)
(Type Name Signed Above)
day of it 20
CITY REQUIRES 7VVO (2) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION
Page 304 of 556
Agenda Item #20.
City of Deerfield Beach .
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Product Groups
Ferguson Enterprises'
Group #1 — Adapters
Ford 49.8%
Brooks Oldcastle 25%
Group #2 - Meter Boxes
Carson 18%
CDR52%
Ford 40%
Group #3 — Clamps
Romac 62%
Smith Blair 60%
Krausz 41%
Group #4 - Connectors, Hose
Group #5 - Corporation Stops
Ford 49.8%
Ford 49.8%
BMI 69%
Trenton Pipe 69%
Tyler Union 15%
Group #6 - Couplings
Sigma 60%
Merit Brass 69%
Brooks Oldcastle 25%
Tyler Union 60%
Star Pipe 60%
Krausz 41%
Group #7 - Curb Stops
Ford 49.8%
BMI 69%
Tyler Union PL2019D 15%
Group #8 - Elbows
Tyler Union PL2019ND & P401 60%
Sigma 60%
Star Pipe 60%
Group #9 - Flanges
Buy Wholesale List + 20%
Group #10 - Hose Bibs
Group #11 -Idler Pipes
Group #12 - Insert Stiffeners
Ford 49.8%
Page 305 of 556
Agenda Item #20.
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Group #13 - Meter Stops
Ford 49.8%
BMI 96.2%
Group #14 - Nipples, Brass
Trenton Pipe 95%
Merit Brass 96.2%
Group #15 - Pieces, Branch
Ford 49.8%
BMI 69%
Group #16 - Plugs, Standard Brass
Trenton Pipe 69%
Merit Brass 69%
Group #17 - Poly -Adapters x
Compression Brass
Ford 49.8%
BMI 69%
Group #18 - Reducer Bushings
Trenton Pipe 69%
Merit Brass 69%
Group #19 - Meter Resetters
Ford 49.8%
Ford 44%
Group #20 - Service Saddles
Rornac62%
Smith Blair 60%
BMI 69%
Tyler Union 15%
Sigma 60%
Group #21 -Tees
Trenton Pipe 69%
Merit Brass 69%
Tyler Union LP2019-ND & P401 60%,
Star Pipe 60%
Group #22 - Tubing
E N DOT List+ 12%
Group #23 - U-Branches
Ford 49.8%
Ford 49.8%
GA Valves List +10%
American Flow CheckValves 44%
Group #24 - Valves
American Flow Gate Valves 52%
Kenny Valve 53%
N I BCO 60%
Ford 49.8%
Group #25 - Washers
Buy Wholesale List + 20%
Page 306 of 556
Agenda Item #20.
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Group #26 - Yokes
Ford 49.8%
Tyler Union LP2013 DR 15%
Group #27 - Megalugs
EBAA 59%
Sigma 60%
Group #28 - Grip Rings 4"-12"
Tyler Union LP2018-2-NR 60%
Star Pipe 60%
Tyler Union LP2019 15%
Sigma 60%
Group #29 - Ductile
Tyler Union LP2019-ND & P401 60%
Star Pipe 60%
American Cast Iron List + 10%
Group #30 Backflow Preventers and
Watts 46%
Pressure Valves
Zurn Wilkins 46%
FEBCO 40%
Group #31 Lead Free Brass Caps
BIVII 69%
Frenton Pipe 69%
Va'lu,e=Ad,ded Items
Ford
Tapping sleeves 38%
Domestic UFR1400/1500 restriants 40%
Import UFR1400/1500 restraints 40%
Mueller
Water meters 10%
EBAA
Megaflanges 59%
Bell restraints 59%
Kupferle 10%
Fernco
Inv Code 1 70%
Inv Code 2 70%
Inv Code 3 15%
Inv Code 3L 60%
Inv Code 4E 15%
Zurn Wilkins Parts 38%
Max Adaptors 15%
Page 307 of 556
Agenda Item #20.
City of Deerfield Beach
Water Meter Fittings and Water Line- Accessories
ITB #2018-19/12
GA Valves
Butterfly valves List + 10%
Ai r rel ease va Ives List + 10 %
Plug Valves List + 10%
Romac Stainless Steel Service Saddles
58%
Romac Entire Alpha and Macro Catalog
Page 40%
Merit Brass domestic fittings 82%
Pollard Water Entire Catalog Excluding
Metrotech and Mueller Products 2%
Charlotte PVC Pipe List + 20%
Sigma External Pipe Restraints
60%
American Flow Control Fire Hydrants
42%
Trenton Pipe Domestic Fittings 83%
Carson EBAA lids 18% -
H-Tec Air release valves 10%
Parts 10%
Smith Blair
Bell joint leak clamps 32%
Series 245 redi clamps 59%
320 Service saddles 34%
Spears
SCH40 fittings thru 8" 65%
SCH80 fittings thru 8" 65%
SCH80 Nipples 48%
American Valve
4000 Series 33%
3700 Series 33%
CDR meter box lids 52%
Kenny Valve
PVC ball valves 60%
PVC butterfly valves 60%
PVC check valves 60%
Replacement parts 60%
Page 308 of 556
Agenda Item #20.
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
r
ITB #2018-19/12
Bingham & Taylor
Cast iron material 25%
accessories 20%
Diamon Pipe
PVC pipe block 140 + 10%
Krausz
other items not listed 41 %
NIBCO
Glove valves 60%
Angle Valves 60%
Star Pipe
lexternal bell restraints 60%
Page 309 of 556
Agenda Item #20.
FERG-AmmkU ON-
W AT E R_ , W__0_ R K S
December % 2019
Village ofTequesta
345 Tequesta Drive
TeqUesta, FL 33469
Attn: Matthew Hzimmond,.PE
Subj: Deerfield Annual Contract
Dear Matthew,
This letter -is to serve as authorization for the Village of Tequestalo "p-iggyback"'the Deerfield Beach
Annual contract (DBAC ITB2018-1.9/12) pricing when requesting quotes and/or ordering materials.
Should you have any questions,or need assistance, please feel free -to contact your sales associate, Drew
Petonick, via cell at 561-718-4037 or email at,Drew.'Petonick@ferguson.com or myself.
Thank you for your patronage!
Since�,Gk
I
F FERGUS N AT WORKS
ERG U
S
NIA -
j
4Kim Hor
B r c
ranch a er
Kim. Horn @ferguson-com
KAH/nk
1950 NW 18 Street, Pompano Beach, FL 33069
Ph (954)973-8100 Fax (954)917-3134
t
Page 310 of 556
DocuSign Envelope ID: E8E8Al9l-3090-44CO-8FDE-27Bl543BOO98
Agenda Item #20.
CONTRACT RENEWAL
THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH
(CITY), a municipal corporation and FERGUSON WATERWORKS. (CONTRACTOR), as follows
W I T N E S S E T H:
WHEREAS, the CITY and CONTRACTOR entered into an agreement for Water Meter Fittings and
Water Line Accessories (the Products) pursuant to ITB #2018-19/12; and
WHEREAS, the initial CONTRACT term is three (3) years, beginning March 6, 2019 and expiring
March 5, 2022; and
WHEREAS, the terms and conditions of the CONTRACT provide three (3) additional one (1) year
renewal options; and
WHEREAS, the CITY is exercising the right to extend the contract for the second (2 nd) of the three
(3) renewal periods; and
WHEREAS, renewal of the CONTRACT is in the best interest of the City;
NOW THEREFORE, be it agreed by and between the parties as follows:
Section 1. The above referenced Whereas clauses are true and correct and made a part hereof.
Section 2. The contract renewal term shall begin on March 6, 2023 and will expire on March 5, 2024.
(One (1) one (1) year renewal option remains) unless otherwise terminated pursuant to the
terms of the original CONTRACT.
Section 3. All terms, conditions, and specifications of the original CONTRACT shall remain the same.
IN WITNESS WHEREOF the parties have caused these presents to be executed.
Witnesses: CITY OF DEERFIELD BEACH
e—DocuSigned by:
By: �,—,F:pQj]a8[,Ej454 -19
DAVID SANTUCCI, CITY MANAGER
Date: 2/16/2023
ATTEST:
,.,—DocuSigned by:
hd(ar khvAAa�w
-&E-� E- � B4-A -1- E- 94 9� ...
HEATHER MONTEMAYOR, CMC, CITY CLERK
APPROVED AS TO FORM:
e—DocuSigned by:
ANTHONY SOROKA, CITY ATTORNEY
Page 311 of 556
DocuSign Envelope ID: E8E8Al9l-3090-44CO-8FDE-27Bl543BOO98
Agenda Item #20.
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
ATTEST:
na
(Witness)
na
(Corporate Seal, if applicable)
CONTRACTOR
Ferguson Enterprises LLC
(Name of Corporation)
e--DocuSigned by:
B� "aO_ �&CVC'�461
309
(S rer'OF43b...
matt Grade matt Gracie/ sales
(Type Name/Title Signed Above)
Date: 2/16/2023
CITY REQUIRES TWO (2) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION
2
Page 312 of 556
No Text
DocuSign Envelope ID: E8E8Al9l-3090-44CO-8FDE-27Bl543BOO98
Agenda Item #20.
CONTRACT RENEWAL
THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH
(CITY), a municipal corporation and FERGUSON WATERWORKS. (CONTRACTOR), as follows
W I T N E S S E T H:
WHEREAS, the CITY and CONTRACTOR entered into an agreement for Water Meter Fittings and
Water Line Accessories (the Products) pursuant to ITB #2018-19/12; and
WHEREAS, the initial CONTRACT term is three (3) years, beginning March 6, 2019 and expiring
March 5, 2022; and
WHEREAS, the terms and conditions of the CONTRACT provide three (3) additional one (1) year
renewal options; and
WHEREAS, the CITY is exercising the right to extend the contract for the second (2 nd) of the three
(3) renewal periods; and
WHEREAS, renewal of the CONTRACT is in the best interest of the City;
NOW THEREFORE, be it agreed by and between the parties as follows:
Section 1. The above referenced Whereas clauses are true and correct and made a part hereof.
Section 2. The contract renewal term shall begin on March 6, 2023 and will expire on March 5, 2024.
(One (1) one (1) year renewal option remains) unless otherwise terminated pursuant to the
terms of the original CONTRACT.
Section 3. All terms, conditions, and specifications of the original CONTRACT shall remain the same.
IN WITNESS WHEREOF the parties have caused these presents to be executed.
Witnesses: CITY OF DEERFIELD BEACH
,,—DocuSigned by:
By: �-- 6FQQ[)8aLB454 -19
DAVID SANTUCCI, CITY MANAGER
Date: 2/16/2023
ATTEST:
e—DocuSigned by:
HEATHER MONTEMAYOR, CMC, CITY CLERK
APPROVED AS TO FORM:
e—DocuSigned by:
9V16" s6r&X
-&C—,kA8-4-24R&9-A4--
ANTHONY SOROKA, CITY ATTORNEY
Page 314 of 556
DocuSign Envelope ID: E8E8Al9l-3090-44CO-8FDE-27Bl543BOO98
Agenda Item #20.
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
ATTEST:
na
(Witness)
na
(Corporate Seal, if applicable)
CONTRACTOR
Ferguson Enterprises LLC
(Name of Corporation)
e—DocuSigned by:
B� -Ma-'tr �Vaa&
30 F436...
(S rer
matt Grade matt Gracie/ sales
(Type Name/Title Signed Above)
Date: 2/16/2023
CITY REQUIRES TWO (2) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION
2
Page 315 of 556