Loading...
HomeMy Public PortalAbout18-9460 HD Supply Waterworks LTD for 400 Water Meters Sponsored by: City Manager RESOLUTION NO. 18-9460 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE NORTH SUMTER COUNTY UTILITY DEPENDENT DISTRICT AGREEMENT WITH HD SUPPLY WATERWORKS, LTD AND ENTER INTO AN AGREEMENT FOR 400 WATER METERS AT A COST OF $122.00 PER UNIT IN AN AMOUNT NOT TO EXCEED $48,800.00, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to RFP 15P-011, North Sumter County Utility Dependent District entered into an Agreement with HD Supply Waterworks, LTD from October 1, 2014 to September 30, 2019 for water meters and meter accessories attached hereto as Exhibit "A"; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback on the North Sumter County Utility Dependent District agreement with HD Supply Waterworks, LTD so it can benefit from already negotiated rates and enter into an agreement for water meters. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the City Manager to piggyback on the North Sumter County Utility Dependent District Agreement with HD Supply Waterworks, LTD and enter into an agreement for 400 water meters at a cost of $122.00 per unit in an amount not to exceed $48,800.00, in a form that is acceptable to the City Attorney. SECTION 3. SCRIVENER'S ERRORS. Resolution No. 18-9460 Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 15th day of February, 2018. / Ill yra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joanna Flores ' R LAW GROUP, LLC City Clerk City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER PIGATT Commissioner Vote: 3-0 Commissioner Holmes: OUT OF ROOM Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NOT PRESENT tC�;ni City of Opa-Locka Agenda Cover Memo Department Airia Austin Department r" Director: Director Signature: Budget Ernesto Reyes Budget Administrator: Administrator/ACM �' Signature: 1-*". Finance Director: Bryan Hamilton FD Signature: t rA Department i ,r Asst City Manager William Green ACM Signature: City Manager: Ed Brown CM Signature: Commission 02.14.18 Item Type: Resohnion Office Ot>rer Meeting Date: X _ (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2'+Raiding (Enter X in box) Yes No (Enter X in box) $48,000.00 x Public Hearing: Yes No Yes No (Enter X in box) x x (Enter Fund& Advertising Requirement: Yes No Funding Source: Dept) (EnterX in box) Account#: Ex: 63-533630 - Contract/P.O. Yes No RFP/RFQ/Bid#: Required: (EnterXin box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related Enhance Organizational p the specific objective/strategy this item will (Enter X in box) X Bus.&Economic Dev p address) Public Safety Quality of Education Qual.of Life&City Image p Communication p Sponsor Name City Manager Department: City Manager Short Title: A resolution authorizing the City Manager to purchase 400 water meters. Staff Summary: City staff have reviewed our water outside our City limits that are served by our utility, and have concluded 400 of these meters need to be replaced immediately.These meters are around the 2600 meters identified as unreliable in the Avanti Report. Proposed Action: Staff recommends approval. A 1. Agenda 2. Cre&Main Proposal 3. City of Opa-locka Budget Adjustment 4. HD Supply Waterworks RFP 15P-011 Fiscal Year 2016-2017 U) o U O O 0 0 0 •.1 0 OOO 11 O • • a CJ 0 0 CO 0 0 a as co co a k c co co W w sr z H 0 N H a A 01 CO . ax QS 0d•d1 E-+ H 0000 H l's N ca W 0 0000 r-1 H H >0 x C.) l- M O • .O U) M U) 0 CO 00 .t)H N U o aD CO 11 M to ••4 O er 1/4.o CO M . 11 O 1-1 d'0 ■o a o 0 O H CO 4# a)44 a N Ii N 11 a ll ••w Cl) z H b b.Ci'd U H O H-H a) •d b 0 a) H U3 I1 0 Q o E 0 al a) U) 4k 11 0 O O . 0 PC al r- td 0 co 14 •• 01 U) 11.) pa $4 ay H ,-1 CO ao-H QI a)1-) ,-1 11 'd 0 OO1) U CO ZmHE a 4r1b0 0 a)* N 0 co U b-r1 .).," 11 d,t," 0 0 al 11 *zx o 14 i4 u cno o 13 al d uA11 a1 01 r4rai 11H 0'04)A.0 111+ 01:1.1 rob N b OOAhhaZUON >.O HFFOE0 i)� V a) is 0 +) 01 0 0)•I O A o to +) H Id a U W b -rl 0 0 o W >r 11 O H •-1 Z 1) O .M oW I In °I 1-i Z o 0 M 4.1 d M a) 40 a �w -.1 I A w v CO 0-r1 ar a)x 11 O Cra r-1 O a E-1O 0 o i-1 H •A'E�-+rn� H o .0 H co a Cl) 0 11 U)UHO O 0 dl H a, \SC C7 w M SC PC -'I SC Z In O 1-q 10 O 1:40 X 0 co o f 'O1 \C7H Cr 1) 1n 0 1 O Z a Lo -.4 M al PI to U C• SRSCx W -6-1 4) MI co Z n,E-'X .0 0 H 4 a) WNHx- D] a) H H A lnu)3cq)n A 0 uxi a 0) 1) o Cr)0LIO)) $ z�M a, a x ea H �; b N a 0 U )O O aD N In M U co d U 1J M co 11 d U) N U co 4) o 0 11 J l) H 0 �w b H rt p Nw 0 W ?/-1 • 1O1 0 H M N O O).-i CO a \ -.i H d' H r -X b O Cam. CO u m •.1 xt Z El O w a o U) Ca 0 N b H a, RI H H 43 H H o rd b Ct) H rn m m 0 O H CO fal 4r1 a) A cooUN0 10 co A 0 C4 ___ \ a) p § _ o § /§ R e 44 a = / / / \ _ - , 0 / / I \ _ / e \co E) & § o \ 6 / 0 r ~ , _ co\ a) e \ g g / \ \ / _ _ % t 0 ` / / , 0 / 0 0 z $ E. B m % ro ee 3 \ z \ ) / \ - § G / \ / / \ / E e \ % . o 0 § / @ C.) < _ III u) / \ § Q _ \ . $ E CD CD a) 0 00 ? \ 0 0 E o ' - z z z° z° /ca § ] 0 OOS .� ∎LL z $ $ k/ $ f u m / ` _» - 0 2 ) E v } ? j d ® N m 0 < / a) \ $ 0 » ; 7 \ U § E \.E \ 2 I- \ . _ 7 ƒ a \ < k o e > / 2 \ \ \ \ \ \ - E t 2 ._ �%m r \ % \ i E ® _ « / s E 0 0 # » E >, Z a 2 f o O � E 2 = 5 ® » a CO I \ § \ 2 / % i ) & R » 2 @ E ' R c 5 \ G It a i § ƒ / 229 ~\�� \ 3\1 / \ CU � k « 2- a>co r z = _ = o-- _ o %2 § c o / EEE 2 w 2 2 § "}| (\ . < o � � . 5 2f < e _ ¥ < < 7 < _ _ —. • K'D WATERWORKS.. SUPPLY 820 SW 33rd Avenue Ocala, FL 34474-1918 t 352.351.8144 f 352.351.2709 February 29, 2016 Ms. Diane Tucker Purchasing Director Village Center Community Development District North Sumter County Utility Dependant District 984 Old Mill Run The Villages, FL 32162-1675 Re: REP 15P-011 Fiscal Year 2016-2017 Dear Ms.Tucker, Per the terms of our contract as written on page 2,paragraph 4.1,this letter is to advise you of the pending price increase of approximately 3%on the following six(6) items effective October 1,2016 through September 30,2017: 5/8"x%"brass potable($122.00)&reclaimed($128.00)water meters %"x''/" brass potable($149.00) &reclaimed ($154.00)water meters 1" brass potable($203.00)& reclaimed($209.00)water meters All other items as shown on the price sheet are unchanged through September 30, 2017. If you have any questions or need additional information, please contact me at tom.gaver @hdsupplv.com or cellular at 352-266-8277. Sincerely, )47, � . Tom Gayer District Manager Cc: Steve Hansen, Roy Sands, Lisa Furst Local Service, Nationwide AGREEMENT WATER METERS AND METER ACCESSORIES RFP#15P-011 THIS AGREEMENT is made this 15th day of September,2014,and made effective on the 11 et day of October,2014,by and between NORTH SUMTER COUNTY UTILITY DEPENDENT DISTRICT(hereafter referred to as"DISTRICT"),whose address is 1071 Canal Street,The Villages,Florida 32162,and HD Supply Waterworks,Ltd.(hereafter referred to as"SUPPLIER"),whose address is 9577 N.US Highway 301, Building A,Wildwood FL 34785. RECITALS WHEREAS,the DISTRICT wishes to purchase water meters and meter accessories,and wishes to enter into an Agreement with a party capable of providing suitable water meters and meter accessories;and WHEREAS,SUPPLIER provides water meters and meter accessories as requested by the DISTRICT,and wishes to enter into an Agreement whereby the SUPPLIER provides water meters and meter accessories for the DISTRICT in consideration of payments from the DISTRICT to the SUPPLIER; NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed as follows: 1. SERVICES BY SUPPLIER 1.1 SUPPLIER,for and in consideration of the payments hereinafter specified and agreed to be made by DISTRICT,hereby covenants and agrees to furnish and deliver all materials,to do and perform all the work and labor required to be furnished and delivered for the purchase of Water Meters and Meter Reading Accessories, Request for Proposals(RFP)#15P-011,hereinafter referred to as RFP. Specifications and other Agreement Documents,as defined in said RFP, and all other related documents cited in the above stated RFP are hereby made part of this Agreement as fully and with the same effect as if the same has been set forth at length in the body of this Agreement. 1.2 SUPPLIER shall comply with all applicable governmental statutes,rules, regulations and orders and any amendments and modifications thereto. 1.3 As per State of Florida Executive Order Number 11-116,the SUPPLIER identified in this Agreement shall utilize the U.S.Department of Homeland Security's E-Verify system to verify employment eligibility of:all persons employed during the Agreement term by the SUPPLIER to perform employment duties pursuant to the Agreement,within Florida; and all persons,including subcontractors,assigned by the SUPPLIER to perform work pursuant to the Agreement with the DISTRICT.(I•ttp wv.w.uscis.govle-ver i)Additionally,the SUPPLIER shat:Include a provision in all subcontracts that requires all subcontractors to utilize the U.S.Department of Homeland Security's E-Verify system to verify employment eligibility of:all persons employed during the Agreement term by the SUPPLIER to perform work or provide services pursuant to this Agreement with the DISTRICT. 2. PAYMENT 2.1 In consideration of the services provided by the SUPPLIER pursuant to this Agreement, DISTRICT agrees to pay to SUPPLIER the unit prices submitted by SUPPLIER as a result of SUPPLIER's response to RFP#15P-011 as provided for in Exhibit"A"to this Agreement. Water Meters and Meter Accessories RFP 0 15P-Oil 2,2 Invoices shalt be submitted no later than the first of the month for the materials delivered the preceding month. Per Chapter 218.74(1),an invoice from the SUPPLIER shall be considered as received when it has been stamped as such at the Village Community Development Districts Administrative Offices,984 Old Mill Run,The Villages,Florida 32162. Payment by the DISTRICT will made no later than forty-five(45)days after the invoice has been received by the DISTRICT per the"Local Government Prompt Payment Act",Florida Statutes,Chapter 218,Part VII. 2.3 If payment is not made by the DISTRICT to the SUPPLIER within forty-five(45)days,SUPPLIER may assess a late charge for the lesser of 1%per month,or the maximum rale permitted by law. 2.4 The DISTRICT agrees to pay the SUPPLIER for additional work performed by the SUPPLIER pursuant to written orders placed by the DISTRICT,at a rate equal to component unit costs of labor and equipment charged by the SUPPLIER under the terms of this Agreement. 3. AGREEMENT DOCUMENTS The Agreement Documents,which comprise the entire Agreement between DISTRICT and SUPPLIER and which are made part hereof by this reference,consist of the following: 3.1 Request for Proposals 3.2 Instructions,Terms,and Conditions 3.3 Proposal Form(s) 3,4 Warranty Certificate(s) 3.5 Proposer's Certification 3.6 Statement of Terms and Conditions 3.7 Drug Free Workplace Certificate 3.8 E-Verify Contractor/Subcontractor Affidavit 3.9 Scope of Work I Specifications 3.10 Plans 1 Drawings 3.11 Agreement 3.12 Permits/Licenses 3.13 M Addenda Issued Prior to Proposal Opening 3.14 All Modifications and Change Orders Issued 3.15 Notice of Award I Notice to Proceed 4. TERM 4.1 The term of this Agreement shall be October 1,2014 through September 30,2019,with the option to renew for two(2)additional two(2)year periods. 4.2 After the second year of the Agreement,requests for equitable price adjustments due to Increases Imposed on the Supplier by the manufacturer may be presented to the District.The Supplier must submit requests no later than the February prior to each fiscal year for consideration.Requests must be submitted with notice of manufacturer's increase and all appropriate backup and supporting documentation.Requests will be reviewed and any changes will be negotiated between the District and the Supplier, 5. INSURANCE. 5,1 General Liability. SUPPLIER shall obtain,and maintain throughout the life of the Agreement, General Liability Insurance in an amount no less than$1,000,000 per occurrence and$1,000,000 general aggregate for Bodily Injury and Property Damage. Insurance shall protect the SUPPLIER,subconsultants and subcontractors from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the Agreement. DISTRICT(s)shall be named as Additional Insured. 5.2 Automobile Liability Insurance covering all automobiles and trucks the SUPPLIER may use in Village Community Development Districts Page 2 of If Purchasing Department Water Meters and Meter Accessories RFP#15P-011 connection with this Agreement.The limit of liability for this coverage shall be a minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. This is to include awned, hired, and non-owned vehicles. DISTRICT(s)shall be named as Additional Insured. 5.3 Excess Liability insurance(Umbrella Policy)may compensate for a deficiency in general liability or automobile insurance coverage limits. 5.4 Waiver of Subrogation:By entering into any agreement as a result of this RFP,SUPPLIER agrees to a Waiver of Subrogation for each policy required above. 5.5 Workers'Compensation Insurance,as required by the State of Florida. As required by the State of Florida.SUPPLIER and any subconsultants or subcontractors shall comply fully with the Florida Worker's Compensation Law.SUPPLIER must provide certificate of insurance showing Worker's Compensation coverage. 5.6 Certificate(s)shall be dated and show: 5.6.1 The name of the insured SUPPLIER,the specified job by name and/or RFP number,the name of the insurer,the number of the policy,its effective date and its termination date. 5.6.2 Statement that the insurer will mail notice to the DISTRICT at least thirty(30)days prior to any material changes in provisions or cancellation of the policy. 5.6,3 Subrogation of Waiver clause. 5.6.4 The North Sumter Count Utility Dependent District and any other governmental agencies using this Agreement in cooperation with the DISTRICT shall be a named additional insured on Public Liability Insurance and Automobile Liability Insurance. 5.6.5 The SUPPLIER shall require of each Its subconsultants and/or subcontractors to procure and maintain during the life of its subcontract,insurance of the type specified above or insure the activities of its subconsultants and/or subcontractors in its policy as described above. 5.6.6 All insurance policies shall be written on companies authorized to do business in the State of Florida. 6. SELF HELP BY DISTRICT 6.1 Within three(3)calendar days(72 hours)after being notified by DISTRICT in writing of defective or unacceptable work,if the SUPPLIER fails to correct such work, DISTRICT may cause the unacceptable or defective work to be corrected. If the DISTRICT corrects the work,the DISTRICT shall be entitled to deduct from any monies due,or which may become due to SUPPLIER,the reasonable cost of remedying the defective or unacceptable work. Provided, however, if the corrective work cannot reasonably be completed within such three(3)day period, and the SUPPLIER Immediately begins corrective work,and DISTRICT reasonably determines that the SUPPLIER is diligently pursuing the completion of such corrective work,DISTRICT agrees to allow SUPPLIER to complete correction of the defective or unacceptable work. In addition,if the SUPPLIER,for any reason,fails to perform any portion of the services required by the SUPPLIER pursuant to this Agreement,the DISTRICT shall be entitled to deduct from any monies due or which may become due to SUPPLIER the actual expenditures that are necessary to complete the services not performed. 6.2 All costs and expenses Incurred by DISTRICT pursuant to this section shall be deducted from monies due,or which may become due to SUPPLIER for its obligations herein. Viilage Community Development Districts Page 3 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P-011 6.3 The provisions of this paragraph are cumulative to all other provisions of the Agreement and it is not intended that any deductions in payment taken pursuant to this paragraph shall diminish or waive DISTRICT's right to declare the SUPPLIER in default in accordance with applicable provisions of the Agreement. 7. TERMINATION BY THE DISTRICT 7.1 The performance of work under this Agreement may be terminated by DISTRICT in accordance with this clause in whole or from time to time in part,whenever DISTRICT determines that SUPPLIER is in default of the terms of this Agreement. Arty such termination shall be effected by delivery to SUPPLIER a Notice of Termination specifying the extent to which performance or work under the Agreement is terminated,and the date the termination becomes effective. 7.2 After receipt of a Notice of Termination,and except as otherwise directed,SUPPLIER shall: 7.2.1 Stop work under this Agreement orr the date and to the extent specified in the Notice of Termination. 7.2.2 Place no further orders or subcontract for materials,services,or facilities except as may be necessary for completion of such portions of work under this Agreement. 7.2.3 Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination. 7.2.4 Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts,and request the approval or ratification by the DISTRICT to the extent SUPPLIER may require,which approval or ratification shall be final for all purposes of this clause. 7.2.5 Continue to perform under the terms of the Agreement as to that portion of the work not terminated by the Notice of Termination. 7.3 After receipt of a Notice of Termination,SUPPLIER shall submit to DISTRICT SUPPLIER'S termination claim in satisfactory form. Such claim shall be submitted promptly,but in no event later than one month from the effective date of termination unless one or more extensions in writing are granted by DISTRICT.No claim will be allowed for any expense incurred by SUPPLIER to after the receipt of the Notice of Termination and SUPPLIER shall be deemed to waive any right to any further compensation. 7.4 SUPPLIER and DISTRICT may agree upon the whole or any part of the amount or amounts to be paid to SUPPLIER by reason of the total or partial termination of work pursuant to this clause, provided that such agreed amount or amounts,exclusive of settlement costs shall not exceed the total Agreement price as reduced by the expenditures necessary to complete the Job covered by this Agreement. 7.5 DISTRICT may,for any reason,terminate performance under this Agreement by the SUPPLIER for convenience upon thirty(30)days written notice.DISTRICT w'll not be held responsible for any loss incurred by SUPPLIER as a result of DISTRICT'S election to terminate this Agreement pursuant to this paragraph. 8_ OTHER MATTERS 8.1 SUPPLIER shall not utilize, nor store,any drums of material exceeding 5-gallon containers on any of the DISTRICT's property_ Village Community Development Districts Page 4 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P-011 8.2 SUPPLIER shall maintain complete and current printed Material Safety Data Sheets(MSDS) readily accessible to employees when they are in their work areas,during their work shifts.The SUPPLIER acknowledges that the DISTRICT shall have no responsibility for making any disclosures to SUPPLIER's employees or agents. 8.3 The obligations of the SUPPLIER under this Agreement may not be delegated without the prior written consent of the DISTRICT.The DISTRICT may freely assign this Agreement to any entity acquiring the real estate which is subject to this Agreement. 8.4 in the event of default by arty party to this Agreement,the prevailing party shall be entitled to recover from the defaulting party,all costs and expenses,Including a reasonable attorney's fee, whether suit be instituted or not,and at the trial court and appellate court level incurred by the prevailing party enforcing its right hereunder. 8.5 The venue for the enforcement,construction or interpretation of this Agreement,shall be the County or Circuit Court for Sumter County, Florida,and SUPPLIER does hereby specifically waive any"venue privilege"and/or"diversity of citizenship privilege"which it has now,or may have in the future,in connection with the Agreement,or Its duties,obligations,or responsibilities or rights hereunder. 8.6 SUPPLIER does hereby specifically promise and agree to'hold harmless",defend and indemnify the DISTRICT and the agents,servants,employees,officers,and officials thereof from and against any and all liability or responsibility for damage to property or person that may arise in connection with the services to be provided hereunder,including reasonable attorney fees and expenses. 8.7 SUPPLIER shall not be construed to be the agent,servant or employee of the DISTRICT or of any elected or appointed official thereof,for any purpose whatsoever,and further SUPPLIER shall have no express or implied authority of any kind or nature whatsoever, to incur any liability, either in contract or on a tort,as the agent,servant or employee of the DISTRICT. 8.8 These Agreement Documents constitute the entire understanding and Agreement between the Parties and supersedes any and all written and oral representations,statements,negotiations,or contracts/agreements previously existing between the Parties with respect to the subject matters of this Agreement. The SUPPLIER recognizes that any representations,statements,or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT In a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This Agreement shall inure to the benefit of and be binding upon the Parties,their respective assigns,and successors In interest. • 8.9 it may become necessary that additional areas are to be routinely maintained under the same specifications,or as amended by the management or its representative. It is the intent to be able to add or delete areas as necessary with the related cost increases or decreases to be handled through the execution of an amendment to this Agreement.Cost increases or decreases will be based on the unit prices proposed by the SUPPLIER as provide for in Exhibit"A"to this Agreement. 8.10 No amendment to this Agreement shall be effective except those agreed to in writing and signed by both of the parties to this Agreement. 8.11 Time is of the essence in the performance of this Agreement. The SUPPLIER specifically agrees that it will commence operations on the date specified in the Notice to Proceed and that all work to be performed under the provisions of this Agreement shall be done according to specifications,subject only to delays caused through no fault of the SUPPLIER. Village Community Development Districts Page 5 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P-011 9. SUPPLIER'S REPRESENTATIONS SUPPLIER makes the following representations: 9.1 SUPPLIER has familiarized himself with the nature and extent of the Agreement Documents, work, locality,and all local conditions,and federal,state,and local laws,ordinances,rules, and regulations that in any manner may affect cost,progress,or performance of work. 9.2 SUPPLIER declares that he has informed himself fully in regard to all conditions pertaining to the place where the work is to be done,that he has examined the plans for the work and other Agreement Documents relative thereto and has read all the addenda furnished prior to the proposal opening,and that SUPPLIER has satisfied itself relative to the work to be performed. 9.3 SUPPLIER has investigated and is fully informed of the conditions,of obstructions to be encountered,of the character,quality and quantities of work to be performed,materials to be furnished, and requirements of the plans and other Agreement Documents. 9.4 SUPPLIER has given the DISTRICT written notice of all conflicts,errors,or discrepancies that he has discovered in the Agreement Documents. 9.5 SUPPLIER declares that submission of a proposaUbid for the work constitutes an incontrovertible representation that the SUPPLIER has complied with every requirement of this Section,and that the Agreement Documents are sufficient to scope and detail to Indicate and convey understanding of all terms and conditions for performance of work. 9.6 Equal Opportunity: SUPPLIER assures that no person shall be discriminated against on the grounds of race,color,creed,national origin,handicap,age or sex, in any activity under this Agreement. 9.7 Public Entity Crimes: In accordance with Section 287.133,Florida Statutes,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal/bid on a contract/agreement with a public entity for the construction or repair of a public building or public work,may not submit proposals/bids on leases or real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. SUPPLIER affirmatively represents that neither it or its owners,subcontractor or sub- subcontractor are nor will be on the convicted vendor list during the term of this Agreement. Village Community Development Districts Page 6 of 11 Purchasing Department Water Meters and Meter Accessories RFP# 15P-011 IN WITNESS WHEREOF,said DISTRICT has caused this Agreement to be executed in its name by the Chairman/Vice Chairman of the NORTH SUMTER COUNTY UTILITY DEPENDENT DISTRICT,attested by the clerk of said DISTRICT,and HD SUPPLY WATERWORKS,LTD has caused this Agreement to be executed in its name by its authorized representative,attested to and has caused the seal of said corporation to be hereto attached(if applicable),all on the day and year written above. NORTH SUMTER COUNTY HD SUPPLY WATERWORKS, LTD UTI DEPENDENT DISTRICT By: 2ett4.4441111111i. BY:Wei ark 1,,Jr -WO r, 5 k • t Name Print Name Print Title Print Title ti r , _ ^3 c 111 1�<r ci q 11111111111 Date li t- - Attes Attest ; fI Village Community Development Districts Page 7 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P-011 SAMPLE E-VERIFY CONTRACTOR AFFIDAVIT Solicitation No. CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit,the undersigned contractor verifies its compliance with State of Florida Executive Order No. 11-116,stating affirmatively that the individual,firm,or corporation which is contracting with the Village Community Development Districts Board of Supervisors has registered with and is participating in a federal work authorization program (any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security)to verify information of all persons assigned by the Contractor to perform work pursuant to the Agreement with the District. The undersigned further agrees that,should it employ or contract with any subcontractor(s)in connection with the physical performance of services pursuant to this Agreement with the Village Community Development Districts Board of Supervisors,Contractor will secure from such subcontractor(s)similar verification of compliance with State of Florida Executive Order No. 11-116 on the Subcontractor Affidavit provided or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Village Community Development District Board of Supervisors, Purchasing Department at the time the subcontractor(s)is retained to perform such service. E-Verify User Identification Number • L/ei Company Na By: Authorized Officer or Agent of Contractor Date 1 64 t't .r'icc.+tC. Title of Authorized Officer or Agent of Contractor a,; LJ Printed Name of Authorized Officer or Agent Subscribed and Sworn before me onhis the ,`l day of`?14. «: <_r 2014 SUSAN M.STEWART Notary Public-Notary Seal . , , . j.� . . State of Missouri Notary Public Commissioned for St.Louis qty y My Commission Expires:June 04,2016 My Commission Expires: •�,'_ l i- Commission Number.12412687 'The applicable federal wnrk authorization program is-E-Verify"operated by the U.S.Citizenship and Immigration Services Bureau of the U.S.department of Homeland Security,in conjunction with the Social Security Administration(SSA). Village Community Development Districts Page 8 of 11 Purchasing Department Water Meters and Meter Accessories RFP# 15P-01 f SAMPLE E-VERIFY SUBCONTRACTOR AFFIDAVIT Solicitation No. SUBCONTRACTOR AFFIDAVIT By executing this affidavit,the undersigned subcontractor verifies its compliance with State of Florida Executive Order No. 11-116 stating affirmatively that the individual,firm,or corporation which is engaged in the performance of services under a contract between (name of Contractor)and the Village Community Development Districts Board of Supervisors has registered with and is participating in a federal work authorization program '(any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security)to verify information of all persons assigned by the subcontractor to perform work pursuant to the Agreement with the District. E-Verify*User Identification Number Company Name By: Authorized Officer or Agent of Subcontractor Date Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent Subscribed and Sworn before me on this the day of 2014 Notary Public My Commission Expires: The applicable federal work authorization program Is"E-Verify"oaerated try the U.S.Citizenship and Immigration Services Bureau of the U.S.department of Homeland Security,in conjunction with the Social Security Administration(SSA). Village Community Development Districts Page 9 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P-011 EXHIBIT "A" VENDOR PRICING Village Community Development Districts Page 10 of 11 Purchasing Department Water Meters and Meter Accessories RFP#15P•011 PROPOSAL FORM Positive Displacement Water Nlefe.�.1th`T�i:f ded onnettron Unit Price (Material&Color) Brass Brass Composite Composite Size Reuse Purple standard Reuse Purple Standard 518"x 3/4" $125.00 $119.00 $107.00 $101.00 314"x 314" $150.00 $145.00 $122.00 $116.00 1" $203.00 $197.00 $161.00 $155.00 L a•'�:i,f`7.i //ij •%ice%'%ll,.+fjl 7 - i:. _s�i�. 7urbina ltlfaEer,IVle�fer vVtti'Ff�fngeifGoi!�iie'cfion: ;. Unit Price (Material&Color) grass Ductile or Cast Iron Size Standard Standard 1-112" jR2) , Not Available $459.00 2"(R21 Not Available $630.00 3"ST2) Not Available $1,025.00 4"(T2) Not Available $1,980.00 6"(T2) Not Available $3,510.00 8"(T2) Not Available $5,975.00 Miscellaneous Conditions Please indicate any additional conditions,pricing fees or charges which may affect this proposal.Use additional sheet None if necessary. At the Supplier's option,an alternate warranty may be presented to the District for consideration.Please indicate See attached. here if an alternate warranty has been attached. MI Proposer be able to provide a local representative within 60 mile radius for warranty,technical support,and service Yes.Wildwocd,FL issues on an emergency or as needed'basis?Where is service available? Does Proposer accept VISA as a form of payment? Yes NOTE(S): • Register with TR/PL and wire shall be included in the meter unit price. • All meters shall include the outside touchpad bracket that securely holds the meter sensor • All Turbine meters shall be equipped with an integral stainless steel strainer. • W x W meters shall have a 7-112'laying length. • The successful Proposer(Supplier)must provide a price for al items listed above. • All price information to be used in the RFP evaluaron must be on this Proposal Form. • All prices are inclusive of freight and tax exempt. • District reserves the right to adjust any quantity upward or downward as may be warranted or necessary. • The District maintains the right to utilize other vendors/suppliers/contractors to address conditions outside of the. scope of work as they may arise. Water Meters and Meter Accessories RFP#15P-011 SUPPLEMENTAL PROPOSAL FORM METER ACCESSORIES, item Unit Price 518" Nut for 1-1/2"—2"Brass Flange $0.18 518"Bolt for 1-112"—2" Brass Flange $0.64 Check Valve—Ang —1" $59.95 Check Valve—Ang—3/4" $5795 Check Valve—Str— 1" $62.95 Check Valve—Str—3/4" $57.95 Flange Kit—1-112" $64.60 Flange Kit--2" $76.95 Meter Box Lid —Double $45.00 Meter Box Lid —Single $27.00 Meter Box—Double $64.00 Meter Box—Single $47.00 Meter Gasket-- 1-1/2" $0.86 Meter Gasket—2" $1.18 Meter Washer— 1"(fat) $0.12 Meter Washer— 1" (thin) $0.11 Meter Washer—3/4" (fat) $0.11 Meter Washer—3/4" (thin) $0.09 Mueller Check Valve Repair Kit $12,35 Repair Kit(AY MoD) 12-3RK $29.95 Repair Kit(Ford) HHRK-3 $14.25 Repair Kit 1"Dual Wilkins(700) $17,95 Touch Pad—Sensus $16.00 Touch Pad—Hersey Not a vendor for Hersey Touch Pad - Zenner Not a vendor for Zenner Note:Supplier shall indicate the items that they ere unable to provide. This document must be completed and returned with your Submittal HD Supply Waterworks,Ltd. ADDENDUM TO AGREEMENT This Addendum to Agreement is entered into by and between North Sumter County Utility Dependent District(hereinafter"District")and HD Supply Waterworks,Ltd.(hereinafter "Supplier")for the purpose of amending and modifying that certain Agreement for RFP #15P-011(the"Agreement"). It is the express intention of the parties that,to the extent of the terms of this Addendum only,this Addendum shall supersede and control over the terms of the Agreement and any prior addenda thereto. Acceptance of the Agreement by Supplier is made expressly conditioned on assent by District to the additional or different terms. The Agreement is hereby modified as follows: 1. Remove all references to"HD Supply Waterworks"throughout the Agreement. Replace with the following: "HD Supply Waterworks,Ltd." RECITALS 2. Paragraph 5. INSURANCE. 5.1. General Liability. On line 4,delete the words,"subconsultants and subcontractors." At the very end of this paragraph, insert the words, "Subcontractors will be responsible for obtaining insurance that is outlined in the terms and conditions of the RFP." Paragraph 5.6. Certificate(s)shall be dated and show: 5.6.2. Delete this subparagraph in its entirety and replace with the words, "All applicable policies will be endorsed to provide advanced notice of cancellation based on state guidelines." 3. Paragraph 8. OTHER MATTERS. 8.6.On line 3, delete the words,"and all"and replace with the words,"actual and direct."On line 4,delete the words,"services to be provided hereunder,"and replace with the words, "negligent performance of Supplier." Except as specifically amended in this Addendum,the Agreement and all prior addenda thereto shall remain in full force and effect. SUPPLIER: DISTRICT: HD SUPPLY WATERWORKS, LTD. NORTH SUMTER COUNTY UTILITY DEPENDENT DISTRICT By: a /� = By: Name: (L { ' .±ve S Name: -'(L& •° \ r i Y} y u' Title: a l C1�-- Date: "--r�t� �� 2� ' s ;-) "I Date: Page 1 of 1