Loading...
070-18 - Ferguson Waterworks - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K CONSTRUCTION CONTRACT NO. O7O-18 THIS Agreement is made effective as of the 1Oth day of October,2018, by and between CITY OF PORT ORCHARD, WASHINGTON (,.CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and FERGUSON WATERWORKS (,.CONTRACTOR") I 1650 Clearcreek Rd NW Silverdale, WA 98383 Contact: Daryl Clark Phone: 360.697.1510 Email: daryl.clark@ferguson.com for the following Project: 614 Division St - Wet Tap (.,PROJECT") The City and Contractor agree as follows: Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (l-99), subject to specific provisions contained within the Public Works Terms and Conditions; The attached Special Provisions, Plans and Specifications;c City of Port Orchard and Ferguson llaterworks Small Works Contract No. 070-18 Page I of 12 d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements (unless bonding is waived); and g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. Rev I l29l18 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be October 10,2018. The Contractor shall substantially complete the Work not later than October 12,2018, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $3052.00 (includes applicable sales tax). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himsell his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full perfornance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and Ferguson Waterworks Small Works Contract No.070-18 Page2 of 12 Rev l/29l18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCI{ARD Robert Putannsuu, Mayor B Pat Casey Its: Sales lVlan er A TE: City Clerk APPROVED AS TO FORM: Cates, R Rinearson, City of Port Orchard and Ferguson Waterworks Small Worlrs Contract No. 070-18 Page 3 of 12 Ptev ll29/18 CERTIFTCATE AS TO CORPORATE PRINCIPAL \Renee Ga rcta (Corporate Offcer Not Contract Signer)) certify that I am the Credit tVanager (Corporate fitte) of the corporation named as the Contractor in the Agreement attached hereto; that Pat Casey (Contract Signer) who signed said Agteement on behalf of the Contractor,was then Sales l\4anager (Corporate TrtlQ of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body,and is within the scope of its corporate powers. Corp. officer signature (not contract signer) Renee Garcia Printed Credit Manager Title State of Oregon County of Multnomah ) Renee Garcia (corporate officer (not contract stgner)) being duly sworn, deposes and says that he/she is Credit lManager (Corporate riile)of Credit Manager Q'{ame of Corporation) Subscribed and sworn to before rne this 4th day of o 2018 Public (Signature Lori Bennett Notary Public (Print) My commission 12t13119 City of Port Orchard and Ferguson Waterworks Small Worlrs Contract No. 070-18 Page 4 of 12 OFFICIALSTAMP I.ORI LYNN BENNETT NOTARY PUBLIC.OREGON coMMlsstoN No.945397 C()MMISSION E)(PIRES DECEMBER.|3, 2019 Fiev ll29ll8 ) CITY OF PORT ORCHARI) PUBLIC WORI( PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 201 8 edition, together with the APWA Supplement (Section I -99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work underthis Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. l. BID PRICE: The bid price(s) shall include all necessary perrnits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor' s ob I i gations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. pUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds (unless waived) and salestax implications in makingtheirbids. It isthe sole responsibilityof the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & tndustries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "lnsurance Requirements." 6. RECEIpT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. City of Port Orchard and Ferguson ll/aterworks Small l(orks Contract No.070-18 Page 5 of 12 Rev I129118 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. I l. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE, ORDERS: lf the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed-price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. City of Port Orchard and Ferguson Waterworks Small Works Contact No. 070- l8 Page 6 of 12 Rev I129118 Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES N THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. I5. COMPLIANCE WITH LAWS AND REGULATIONS: ThC CONtTACIOT WATTANtS fUII compliance with all applicable local, state or federal laws and regulations and agrees to indemnifo and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor's own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the perforrnance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.1 15, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 5l RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: I ) by mutual written agreement;2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. lg. TERMINATION By THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: l) All remaining obligations of the pafties are discharged, but any right based upon breach or perforrnance occurring prior to termination survives; 2) lf the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. City of Porl Orchard and Ferguson Waterworks Small Works Contract No. 070- l8 PageT of12 Rev l/29l18 19. COMPLIANCE WITH TERMS: The City may at anytime insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. RETAINAGE: Unless the City waives the retainage requirement, the City shall, pursuant to the requirements of RCW 60.28.01l, retain five percent (5%) of the monies earned under this Contract, which shall be maintained by the City according to the Contractor's requested method. See Attachment entitled "selection of Retainage Option". 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten ( 1 0) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. 23. WARRANTY: Contractor shall provide a one ( I ) year warranty for the work and improvements installed by Contractor pursuant to the Contract, subject to the following terms and conditions: Contractor agrees that the work and improvements installed pursuant to the Contract shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twelve (12) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twelve (12) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, ffiaterials or installations. Contractor shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. City and Contractor agree that in the event any of the improvements or restoration work installed or completed by Contractor pursuant to the Contract fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twelve (12) months from the date of City of Port Orchard and Ferguson Ll/atenvorks Small Works Contract No. 070-18 Page 8 of12 Rev I l29l18 approval/acceptance of the work by the City, Contractor shall repair and/replace the same within ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall: l. Within twenty (20) days of demand of the City, make written commitment to the city that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default. 2. In the event Contractor fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action as described above. No change, extension of time, alteration or addition to the work to be performed by Contractor shall affect the obligations of Contractor under this warranty. In addition, Contractor shall perform a walk-through with City representative(s) one (l) year after final acceptance of the project to determine if any repairs or maintenance for defective workmanship, materials, or installations is required. If so, such repairs and maintenance will be undertaken by Contractor pursuant to the timeline and procedures described above. City of Port Orchard and Ferguson Waterworks Small l4/orks Contract No. 070-18 Page 9 of 12 Rev I l29ll8 CITY OF PORT ORCHARD TNSURANC E REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of I nsurance.The Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (lSO) form CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occuffence form CG 00 0l and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 I I 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. a a a a Workers' Compensation coverage as required by the Industrial lnsurance laws of the State of Washington. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the City of Porl Orchard and Ferguson Waterworks Small Ll/orks Contract No. 070-18 Page l0 of 12 Rev I l29l18 a Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Employer's Liabiliry insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee S1,000,000 and Employer's Liability Disease - Policy limit $1,000.000. Minimum Amounts of Ins urance The Contractor shall maintain the following insurance limits: . Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of S 1,000.000 per accident. . Commercial General Liobitity insurance shall be written with limits no less than $ 1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate lim it. . Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions- Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage mainiained by the City shall be excess of the Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor 's Insurance Other Losse s. Th e Contractor shall assume full responsibility for all loss or dam age from any cause whatsoever to any tools, includi ng but not limited to the Contractor's employee-owned tools, machinery, equipment or motor by the Contractor, or the Contractor's agents, suppliers or contractors structures, scaffolding and protective fences. vehicles owned or rented as well as any temporary Waive r of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, age nts and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property rnsurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-in surance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endors ed acknowledging that the City will not waive its right to subrogation. . Insurance is to be placed with insurers with a current A.M. Best ratingAcceotabi I itv of Insurers of not less than A:VII. City of Port Orchard and Ferguson l(aterworks Small Works Contract No.070-18 Page ll of12 Rev l/29l18 . The Contractor shall furnish the C ity with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors.The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to M tain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (a5) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Ferguson Waterworks Small Ll/orks Contract No. 070- I8 Page l2of12 Rev I l29l18 SECRET CERTIFICATE OF AUTHORIZATION The undersigned Assistant Secretary of Ferguson Enterprises, Inc., a Virginia corporation (the "Corporation"), hereby certifies that: i) certain of the Corporation's facilities in (Portlffid, Oregon are doing business as Ferguson Enterprises, Inc., and ii) Renee Garcia is Credit Manager in Portland, Oregon and iii) that the resolutions adopted by the Corporation's Board of Directors effective July 31, 2077, duly authorize certain of the Corporation's officers, including the Assistant Secretary, to designate, and I hereby do so designate Renee Garcia as an authorized representative of the Corporation to act for and on behalf of the Corporation to prepare and submit bids and proposals to the Corporation's customers, to enter into contracts, agreements or other documents, and to execute such documents and undertake all such acts as may be deemed in the best interest of the Corporation, including the execution of bonds and in doing so, to contractually bind the Corporation. Unless withdrawn sooner, this certification of authorization shall be effective until July 3 1,2079. City of Newport News ) FERGUSON ENTERPRISES, INC. By: , Assistant Secretary Sworn to subscribed and acknowledged before me this 8th day of October,2018, by David N. Meeker, personally known to me, in his capacity as Assistant Secretary of Ferguson Enterprises, fnc., a Virginia corporation, on behalf of such corporation. gn;o"url,*N\fu,AexW U My commission expires: 09130/22 N"t"ry - g"Voly Konkel Lang @ WATERWORKS FEI . SILVERDALE WW #1604 11650 CLEARCREEK RD NW SILVERDALE, WA 98383-OOOO Phone: 360-697-1510 Fax: 360-895-7777 Deliver To: 10981 From: DarylClark Comments: 13:51:06 JUL 03 2018 Page 1 of 1 FEI - SEATTLE \AM/#3011 Price Quotation Phone: 360-697-1510 Fax: 360-895-7777 Bid No: Bid Date: Quoted By: 8301534 07t02118 DEC Cust Phone: Terms: 360-876-2722 NET 1OTH PROX C]TY OF PORT ORCHARD 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Job Name: COURT HOUSE Customer: CITY OF PORT ORCHARD 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Cust PO#: COURT HOUSE Ship To: Item Description Quantity Net Price UM Tota! FIOX4STAINLESS 1OX4 STAIWET TAP SERV FEE 1 2800.000 EA 2800.00 Net Total: Tax: Freight: Total: $2800.00 $252.00 $0.00 $3052.00 Quoted prices are based upon receipt of the total quantity br immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SiIALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWSE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWSE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WTH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of produc{ or incregse of pricing du3 to causes beyond our control, and/or based upon Local, State and Federal latys govemilg type of produds that can be soU or put into comtnerce- This Quote is offeEd contingent upon the Buye/s acceptance of Selle/s ierms a;d conditions, which are incorporated by reErance and found either bllov{iog this document, or on the web at hth://wolseleyna.@r Erms-conditionssale-htrnl. Govt Buyers: All items are open market unless noted otheNise. is illeoal to instrall oroducls thal ars not 1ead ftee" in accordance with US Federal or other applicable law in potable water man fonsumDtiori. Pmducts with 'NP in the description are NOT lead free and can only be instalbd in non-potable ly responsibki br prcducl selection.