Contract 2023-121ADocuSign Envelope ID: 0239C6D1-4A48-400E-B8E5-5C1DED6DD3EC
AGREEMENT No. 2023-121
DUAL CHECK VALVE CHANGE OUT PROGRAM SERVICES
THIS AGREEMENT, is made and entered into this 12th day of December, 2023, by and between
the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of
Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as
"CITY"), and NATIONAL METERING SERVICES, INC., whose address is: 163 Schuyler
Avenue, Box 491, Kearny, NJ 07032, (hereinafter referred to as "CONTRACTOR").
WHEREAS, Pasco County through the public procurement process awarded an Agreement for,
Dual Check Valve Change Out Program Services Contract Number IFB-SN-23-007;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the Pasco County Contract Number IFB-SN-23-007;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall replace dual check valves, AMR/AMI meters, meter boxes, meter lids
and endpoints as described in the Pasco County Contract Number IFB-SN-23-007, which is
attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by
this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall
require CITY to purchase or acquire any items or services from CONTRACTOR that is not
specified in the CITY's purchase order. To the extent of a conflict between this Agreement and
Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances
the CITY purchasing policy, resolutions and ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Friday, February 6, 2026 unless terminated or renewed by Pasco County.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
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assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Pasco County Contract Number IFB-SN-23-007
or in the specific purchase order or authorized order submitted by CITY. Nothing herein
shall obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
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B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Pasco County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Fire Legal Liability, $50,000 Each Occurrence, Combined Single Limit
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
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or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
CONTRACTOR:
National Metering Services, Inc.
Attn: William Castle, President
163 Schuyler Avenue, Box 491, Kearny, NJ 07032
OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
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9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Pasco County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
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9.9. Public Records
Contractor expressly understands records associated with this project are public records and agrees
to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK'S OFFICE, (352) 241-7331.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Pasco County Contract Number IFB-SN-23-007.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of
December, 2023.
CITY OF CLERMONT
�mD o c, u,Si gn"e� deb y:
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2BA7692F758C492...
Tim Murry, Mayor � DS
ATTEST:
EDocuSigned by:
Tracy. A4 .ayd H.,wc
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Tracy Ackroyd Howe, City Clerk
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DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
NATIONAL METERING SERVICES, INC.
DocuSigned by:
By, 960BA0226FC64A6 .
Print Name: William Castle
Title: President
Date: 2/23/2024
DocuSign Envelope ID: 0239C6D1-4A48-400E-B8E5-5C1DED6DD3EC
EXHIBIT A
Office of Nikki Alvarez-Sowles, Esq.
Pasco County Clerk & Comptroller
February 10, 2023
William Castle
National Metering Services, Inc.
163 Schuyler Avenue, Box 491
Kearny, NJ 37032
RE: Dual Check Valve Change Out Program Services
C36 UTOM23-0144
Dear Sir/Madam:
At the Pasco County Board of County Commissioners meeting of February 7, 2023,
the above mentioned agenda item was approved. Attached is a copy of the
document for your files.
Any exhibits related to this document can be viewed by visiting the Pasco County
Website as follows: go to www.pascocountvfl.net. scroll down and click on
"Transparency", click on "Agendas & Minutes", select the meeting date from the list,
click on "Agenda", click on the agenda item number indicated above, and click on
the attachment you wish to view.
If you have any questions, please contact the appropriate department or call (352)
521-4274 or (727) 847-2411.
Sincerely,
Meaghan Legnini
Records Clerk I, Board Records Division
Deputy Clerk
Office of Nikki Alvarez-Sowles, Esq.
Pasco County Clerk & Comptroller
Enclosure
P.O. Box 338 (727) 847-81.99 38053 Live Oak Ave
New Port Richey, FL 34656-0338 www.pascoclerk.com Dade City, FL 33523-3805
DocuSign Envelope ID: 0239C6D1-4A48-400E-B8E5-5C1DED6DD3EC
AGREEMENT
THIS AGREEMENT is entered by and between PASCO COUNTY, FLORIDA, by and through its
Board of County Commissioners (hereinafter called "Owner") and National Metering Services,
Inc. (hereinafter called "Contractor").
WITNESSETH:
WHEREAS, Owner desires to retain Contractor to provide As Needed Dual Check Valve
Change Out Program Services; and
WHEREAS, Owner has selected Contractor in accordance with competitive bidding
procedures; and
WHEREAS, Contractor agrees to serve as Owner's Contractor for As Needed Dual Check
Valve Change Out Program Services based upon the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the premises set forth hereinabove, and of the mutual
promises hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged,
the parties hereto, intending to be legally bound hereby, agree as follows:
ARTICLE 1 - WORK
The Contractor will be responsible to replace dual check valves, AMR/AMI Meters, Meter
Boxes, Meter Lids and Endpoints, as per County's Standards,
ARTICLE 2 — OWNER'S REPRESENTATIVE
The Project is administered by:
Public Infrastructure
Pasco County Utilities Department
Who is to act as Owner's representative, assume all duties and responsibilities, and have the
rights and authority assigned to Owner's representative in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents,
ARTICLE 3 - CONTRACT TIME
3.1 Except as otherwise specified herein, the Agreement shall remain in full force and
effect upon Board of County Ccommissioners approval and continue through for
three years, unless otherwise terminated or extended as provided in this
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Agreement, subject to the Price Escalation terms described elsewhere herein,
unless cancelled in writing by Pasco County and if funds are available.
3.2 In the event that a properly executed Work Order initiated within the initial term of
the Agreement, or Addendum to such Work Order requires or expressly permits
work to be performed by the Contractor after termination of this Agreement, such
WORK ORDER or Addendum to such Work Order shall automatically extend the
effective period of the Agreement to coincide with the completion date delineated
in the Work Order or Addendum to such Work Order.
3.3 Each Work Order will be completed within the time stipulated in the Work Order
Form.
3.4 Liquidated Damages. The Contractor agrees that should the Contractor fail to
complete the work as specified in any work as directed in the Work Order(s), the
Contractor shall pay the Owner for delay and loss of use, and not as a penalty but
as liquidated damages, the sum of One Hundred Dollars and 00/100 ($100.00) for
each calendar day after the date of completion listed in the Work Order. Default
days will be counted in calendar days, excluding Sundays and legal holidays.
ARTICLE 4 - CONTRACT PRICE
4.1 The Owner shall pay the Contractor for completion of the Work in current funds
and in accordance with the Contract Documents subject to the Not -to -Exceed
amount of $9,224,359.00, provided the County will also be using this funding
allocation to pay another contractor who will be providing similar services under a
separate contract.
4.2 All incidental costs, including allowances for profit and tools of the trade, must be
included in the Contract bid prices.
ARTICLE 5 - CONFLICTS
5.1 To the extent there is a conflict regarding indemnification and contract term
between the Instructions to bidders and this Agreement, the provisions of this
Agreement will control.
ARTICLE 6 - TERMINATION OF AGREEMENT
6.1 In return for good and valuable consideration in the amount of $100.00, the
receipt of which is acknowledged by the Contractor, Owner may terminate or
cancel this Agreement at its discretion and termination will be effective, with
cause immediately or without cause after 30 days, after written notice has been
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provided to the Contractor.
6.2 Following termination, Owner shall make a settlement with the Contractor upon a
pro rata basis as determined by Owner, which will fix the value of the Services
performed by the Contractor prior to the termination or cancellation of this
Agreement.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
7.1 Contractor has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance, or furnishing of the
Work.
7.2 Contractor understands the estimate of quantities of the various items of work and
materials, if set forth in the Proposal Form, is approximate only and is given solely
to be used as a uniform basis for the comparison of Proposals. The quantities
actually required to complete the work may be less or more than so estimated,
and, if awarded a contract for the work specified, the Contractor agrees that he will
not make any claim for damages or for loss of profits or for an extension of time
because of a difference between the quantities of the various classes of work
assumed for comparison of Proposals and quantities of work actually performed.
The Owner further reserves the right to vary the quantities in any amount.
ARTICLE 8 - CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire Agreement between Owner and
Contractor concerning the Work, consist of the following:
8.1 This Agreement.
8.2 Invitation to Bid.
8.3 Instructions to Bidders.
8.4 Conditions of Contract.
8.5 Proposal and Bid Forms.
8.6 Insurance Certificates
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8.7 Contract Forms.
8.8 Specifications.
8.9 Exhibits.
8.10 Addenda numbers 1 to 2 inclusive.
8.11 Documents submitted by Contractor prior to Notice of Award (Pages 34 to 45,
List of Technicians, Bidders Major Equipment List, Bidder Questionaire, License
and Certification inclusive).
8.12 The following, which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All written WORK ORDERS or
authorizations; all written amendments; and all other documents amending,
modifying, or supplementing the Contract Documents.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified, or supplemented as provided in the Conditions of
Contract section of the Contract Documents.
ARTICLE 9 - SUBCONTRACTORS
The Contractor shall not sublet, assign, or transfer any Goods and/or Services specifically set forth
under this Agreement without the prior written consent of Owner. All persons used by the
Contractor for fulfilling the requirements of this Agreement must be employees of the
Contractor.
ARTICLE 10 — INDEMNIFICATION
10.1 The CONTRACTOR shall indemnify and hold harmless the COUNTY and the
employees and agents of the COUNTY from, and against, all liabilities, claims,
suits, demands, damages, losses, and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from, the performance of the Work,
provided that any such liability, claim, suit, demand, damage, loss, or expense:
(a) is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of tangible property (other than the Work itself), including the loss of
use resulting therefrom; and (b) to the extent caused by an act or omission of
the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable.
10.2 In any and all claims against the COUNTY, or against any of the agents or
employees of the COUNTY, by any employee of the CONTRACTOR, any
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SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation
under the previous paragraph will not be limited in any way as to the amount or
type of damages, compensation, or benefits payable by or for the CONTRACTOR
or any SUBCONTRACTOR under workmen's compensation acts, disability benefit
acts, or other employee benefit acts.
10.3 The CONTRACTOR shall indemnify and hold harmless the COUNTY and anyone
directly or indirectly employed by the COUNTY from and against all claims, suits,
demands, damages, losses, and expenses including, but not limited to, attorneys'
fees, arising out of any infringement of patent rights, copyrights, trademarks,
trade dress, or other intellectual property rights held by others, and shall defend
all such claims in connection with any alleged infringement of such rights.
10.4 The CONTRACTOR shall, at the option of the COUNTY, underwrite on an interim
basis all expenses associated with the legal defense of the COUNTY, pending the
outcome of any litigation through appeal, with respect to any liabilities, claims,
suits, demands, damages, losses, and expenses, including, but not limited to,
attorneys' fees, for which the CONTRACTOR may be liable to the COUNTY, in
whole or in part, pursuant to 10.1-10.3 above, irrespective of whether said
liabilities, claims, suits, demands, damages, losses, and expenses, including, but
not limited to, attorneys' fees, may ultimately be found by a court of law to have
been caused, in whole or in part, by the negligence or other fault of the COUNTY.
In discharging this duty to the COUNTY, the CONTRACTOR shall strictly account
to the COUNTY on a monthly basis for all expenditures so incurred. Upon the
conclusion of any litigation through appeal, to the extent that the CONTRACTOR
has been found less than fully liable for any liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees, the COUNTY shall
reimburse the CONTRACTOR for that portion of the reasonable costs of
underwriting the legal defense of the COUNTY.
10.5 With respect to, and in consideration for, the indemnification provided herein by
the CONTRACTOR, as well as the duty of the CONTRACTOR, at the option of the
COUNTY, to underwrite the legal defense of the COUNTY pending the outcome
of a ny litigation through appeal, the COUNTY agrees to pay to the CONTRACTOR,
as separate consideration, the sum of $100.00, the sufficiency and receipt of
which is hereby acknowledged.
10.6 Notwithstanding any language to the contrary which may be contained herein,
the ultimate duty of the CONTRACTOR to indemnify and hold the COUNTY
harmless under this Article will be limited to the extent that any liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys'
fees, are caused by the negligence, recklessness, or intentional wrongful
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misconduct of the indemnifying party and persons employed or utilized by the
indemnifying party in the performance of the construction contract.
ARTICLE 11- MISCELLANEOUS
11.1 Contractor shall provide Goods and/or perform all Services under this Agreement
as an independent contractor. Contractor will not be considered an agent of
Owner nor will Contractor's subcontractors, suppliers, experts, or other persons,
or organizations retained or utilized by the Contractor be considered agents of
Owner.
11.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
11.3 Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, legal
representatives in respect of all covenants, agreements, and obligations contained
in the Contract Documents.
11.4 The Contractor hereby guarantees all work performed in accordance with the
terms of the Contract with Owner against defects due to faulty workmanship or
materials for a period of 365 days from the date of service. During the period of
the guarantee, the Contractor agrees to make all repairs necessitated by reason of
faulty workmanship or materials at no cost to the owner, subject to the following
additional conditions.
11.4.1 This guarantee is in addition to factory warranties covering certain
equipment where applicable under contract.
11.4.2 Nothing herein contained will serve to modify or limit the obligations of the
Contractor to faithfully fulfill and complete its obligations under the
Contract.
11.4.3 Specifically excluded from this guarantee is maintenance of equipment or
repair of any damage caused by normal wear and tear, fire, windstorm, or
other casualties.
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11.5 The Agreement will be governed by and construed under the laws of the State of
Florida.
11.6 Venue for any action arising under this Agreement will lie in Pasco County, Florida
at the West Pasco Judicial Center.
11.7 During the performance of this Agreement, the CONTRACTOR herein assures the
COUNTY that said CONTRACTOR is in compliance with Title VII of the 1964
Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992 in that the
CONTRACTOR does not on the grounds of race, color, national origin, religion, sex,
age, handicap or marital status, discriminate in any form or manner against the
employees of the CONTRACTOR or its applicants for employment. The
CONTRACTOR understands and agrees that this Agreement is conditioned upon the
veracity of this Statement of Assurance. Furthermore, the CONTRACTOR
herein assures the COUNTY that said CONTRACTOR shall comply with Title VI of the
Civil Rights Act of 1964 when any Federal grant is involved. Other applicable
Federal and State laws, executive orders and regulations prohibiting the type of
discrimination as hereinabove delineated are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam Era Veterans
and Disabled Veterans within its protective range of applicability.
11.8 Any notices or other writings permitted or required to be delivered as described
and required under the provisions of this Agreement must be delivered by sending
the notice by Certified Mail, Return Receipt Requested, and addressed as follows:
If to Owner:
Pasco County Utilities
19420 Central Boulevard
Land 0' Lakes, FL 34637
Attention: Branford N. Adumuah
Interim Assistant County Administrator,
Public Infrastructure
If to the Contractor:
National Metering Services, Inc.
116 Center Street
Daytona, FL 32117
Attention: William Castle, President
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
ARTICLE 12 — LAW COMPLIANCE
Each party will comply will all applicable Federal, State and Local laws, rules, regulations and
guidelines, related to performance under this Agreement. In particular, the Contractor verifies
and affirms that it is in compliance with 8 USC Sec. 1324 prohibiting the employment either
directly or by contract, subcontract or exchange of unauthorized aliens in the United States. The
County will consider the employment of unauthorized aliens by any Contractor during the term of
the Agreement a violation of the Immigration and Nationality Act. Such violation will be cause for
unilateral cancellation of this Agreement by the County.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly qualified representatives on the date noted below.
WITNESS:
Richard Verdirarno, Vice President
Date: January 5,2023
ATTEST:
Cio
C)
i.
kikA
f- w I es, Esq.
1126 Clerk & Comptroller
CONTRACTOR,
National Metering Services, Inc.
By: 4-"/`/�`
William Castle, President
Name
(SEAL)
PASCO COUNTY, FLORIDA
By: Ar'.
Jackb4ariano, Chairman
APPROVED
IN SESSION
FEB 0 12023
PASCO COUNTY
Date: BCC
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
NOTARY ACKNOWLEDGMENT
STATE OF New Jersey }
)SS
COUNTY OF Hudson }
The foregoing instrument was acknowledged before me by means of [ x] physical presence or
[ ] online notarization on this 5th day of —laQL!a 20.23, by [as applicable,
complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] William Castle , who executed the foregoing instrument as [Title] President
of [Corporation or Company Name]National Metering Services, Inc., a [check one] [x ] corporation [ ]
limited liability company, organized under the laws of [State] New Jersey, and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
Name
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
Said person is personally known to me or has produced Driver License as
identification on behalf of [Name, or Name of Corporation, Company, Partnership as
applicable]: ',
Signature of,person taking acknowledgment
Maribel Muniz
Name typed, printed or stamped
MARIBEL M U N I Z
tvnnniaaivn rr vv i i � i +o .` —i"
Title iV1nM Public, State of New Jersey
My Commission Expires
September 24, 2026
Serial number (if any)
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
EXHIBIT B
(This name must match the name on your current W9 Form. The W9 will be requested at the time of
award.)
A.
B. Annual
E. Estimated
Item
Estimated
C. Description
D. Unit
E. Labor Rate
Annual Price
No.
Quantity
(B x E)
Dual Check Backflow Preventer / 1
1.
1000
Replacement — Labor Only (as per
Each
$90.00
$90,000.00
Specifications
Complete change out W AMR/AMI
2.
250
Meter w/ Endpoint and installation
Each
$105.00
$26,250.00
of new W-1.0" Dual Check
Complete change out 1.0" AMR/AMI
3.
250
Meter w/ Endpoint and installation
Each
$105.00
$26,250.00
of new W-1.0" Dual Check
Complete change out W AMR/AMI
4.
3000
Meter w/ Endpoint and replacement
Each
$78.00
$234,000.00
of existing W-1.0" Dual Check
Complete change out 1.0" AMR/AMI
5.
500
Meter w/ Endpoint and replacement
Each
$ 78.00
$ 39,000.00
of existing W-1.0" Dual Check
Change out — Remove and
6.
500
replacement of Endpoint only and
Each
$ 70.00
$35,000.00
installation of new W-1.0" Dual
Check
Change out — Remove and
7.
500
replacement of Endpoint only and
Each
$70.00
$35,000.00
change out of existing 3a"-1.0" Dual
Check
Change out — Remove and
8.
500
replacement of Potable Meter
Each
$ 38.00
$ 19,000.00
Endpoint only
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
A.
B. Annual
E. Estimated
Item
Estimated
C. Description
D. Unit
E. Labor Rate
Annual Price
No.
Quantity
(B x E)
Change out — Remove and
9.
500
replacement of Reclaim Meter
Each
$49.00
$24,500.00
Endpoint only
Retro fit — consist of installation of
10.
500
new W-1.0" Dual Check Valve on
Each
$90.00
$45,000.00
existing meter
Complete change out — Consist of W
11.
14000
Potable AMR/AMI Meter with
Each
$49.00
$686.000.00
Endpoint
Complete change out — Consist of W
12.
3000
Reclaim AMR/AMI Meter with
Each
$49.00
$147,000.00
Endpoint
Complete change out — Consist of
13.
100
1.0" Potable AMR/AMI Meter with
Each
$ 49.00
$ 4,900.00
Endpoint
Complete change out — Consist of
14.
100
1.0" Reclaim AMR/AMI Meter with
Each
$49.00
$4,900.00
Endpoint
Complete change out — Consist of
15.
100
1.5" Potable AMR/AMI Meter with
Each
$115.00
$11,500.00
Endpoint
Complete change out — Consist of
16.
100
1.5" Reclaim AMR/AMI Meter with
Each
$115.00
$11,500.00
Endpoint
Complete change out — Consist of
17.
100
2.0" Potable AMR/AMI Meter with
Each
$120.00
$12.000.00
Endpoint
Complete change out — Consist of
18.
100
2.0" Reclaim AMR/AMI Meter with
Each
$120.00
$12,000.00
Endpoint
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SOLICITATION NO. IFB-SN-23-007
DocuSign Envelope ID: 0239C6D1 -4A48-400E-B8E5-5C1 DED6DD3EC
A.
B. Annual
E. Estimated
Item
Estimated
C. Description
D. Unit
E. Labor Rate
Annual Price
No.
Quantity
(B x E)
19.
1500
Replace Meter Box
Each
$ 30.00
$ 45,000.00
20.
10000
Labor Only — Manual Meter Reading
Each
$1.00
$ 10,000.00
AMR/AMI
Labor Only — Verification of Meter
21.
10000
Serial Numbers and End Points
Each
$1.00
$10,000.00
AMR/AM I
Annual Contingency Allowance for
Materials/Parts/3d Party Services
not covered within these
22.
1
specifications. Authorization in
Each
$500,000.00
$500,000.00
writing, by the Pasco County
Representative, is required, prior to
start of the work.
GRAND TOTAL $ 2,028,800.00
Start Work 10 calendar days upon receipt of Notice to Proceed
For hard copies, it is not necessary to return every page of this document with the bid; return only the
pages that require signatures or information as listed.
Pasco County reserves the right to award multiple and different bidders for each completed section
with qualifications submitted with this bid form.
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SOLICITATION NO. IFB-SN-23-007