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HomeMy WebLinkAboutContract 2022-161AAGREEMENT No. 2022-161 FOR SUPPLY OF BRASS FITTINGS AND ACCESSORIES THIS AGREEMENT, is made and entered into this 13th day of December 2022, 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 FORTILINE, INC DIBIA FORTILINE WATERWORKS, whose address is: 7025 Northwinds Drive, NW, Concord, North Carolina 28027, (hereinafter referred to as "CONTRACTOR"). WHEREAS, City of Boynton Beach through the public procurement process awarded an Agreement for, Supply of Brass Fittings and Accessories Contract Number WH22-047; 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 City of Boynton Beach Contract Number WH22-047; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish supply of brass fittings and accessories as described in the City of Boynton Beach Contract Number WH22-047, 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 Monday, October 16, 2023 unless terminated or renewed by City of Boynton Beach. 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 BlueInk Bundle ID: �saLcPBBMJR Piggyback Agrccmcnt 2022-161 Supply of Brass Fittings and Acccssorics convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one (1) year terms. 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 City of Boynton Beach Contract Number WH22-047 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 C�I� ►T�ii '.�[i�i Ci i� 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. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. BlueInk Bundle ID: �saLcPBBWIR Piggyback Agrecmcnt 2022-161 Supply of Brass Fittings and Acccssorics 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. 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, Lake 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 BlueInk Bundle ID: �satcPBBMJR Piggyback Agrccmcnt 2022-161 Supply of Brass Fittings and Acccssorics B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit 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 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. 3 BlueInk Bundle ID: ��61 Piggyback Agreement 2022-161 Supply of Brass Fittings and Accessories A. CONTRACTOR: Fortiline, Inc dlbla Fortiline Waterworks Attn: Jordan McCall 7025 Northwinds Drive, NW, Concord, North Carolina 28027 A. OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 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. 4 BlueInk Bundle ID: ��6Lc12 Piggyback Agrccmcnt 2022-161 Supply of Brass Fittings and Acccssorics 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 Lake 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. 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. 5 BlueInk Bundle ID: ��6Lct Piggyback Agrccmcnt 2022-161 Supply of Brass Fittings and Acccssorics 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 1 Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the City of Boynton Beach Contract Number WH22-047. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 131' day of December 2022. City of Clermont 4�� Tim Murry, Mayor Attest: �C7-4' X, Tracy Ackroyd Howe, City Clerk 11 BlueInk Bundle ID: ��61 FORTILINE, INC D/WA FORTILINE WATERWORKS By: �ZoslC dart (Signature) Print Name: josh Hart Title: General Manager Date: 1 /4/23 17:48 EST BlueInk Bundle ID: ��61 Contract Addendum This CONTRACT ADDENDUM (the "Addendum") amends and supplements the AGREEMENT No. 2022-161 (the Agreement") between Fortiline, Inc. ("Fortiline") and City of Clermont, Florida ("Contractor"). To the extent the terms of the Agreement conflict with or are dealt with by this Addendum, the terms of this Addendum shall prevail. Capitalized terms used herein shall have the same meaning given to them in the Agreement. 1. Contract documents shall only consist of documents acknowledged and specifically agreed to in writing by both parties. Fortiline shall not be bound by any documents not actually received. The Agreement shall be subject to the terms of any credit agreement or credit application provided by Fortiline that is executed by Contractor. Contractor and Fortiline shall agree upon the commencement date for the work. Contractor agrees no claim under the Agreement may be asserted against amounts due under any other agreement; no claim under any other agreement may be asserted against amount due under the Agreement. Contractor agrees that any default under the Agreement shall not be grounds to default any other agreement between Contractor and Fortilinc. 2. Prices in the Agreement shall be good for the greater of thirty days or the period set forth in the proposal provided to Contractor by Fortiline and may be changed by Fortiline at any time thereafter. Payment to Fortiline shall not be conditioned on Contractor's receipt of payment from any source. Under any circumstances Fortiline does not waive right to payment. Fortiline shall not be required to make its records available for audit. No retainage shall be held on payments due Fortiline. The Agreement will not contain a most favored nation or similar pricing commitment. Risk of loss will pass to Contractor when materials are delivered to the job site for materials that are not being installed by Fortilinc and when the materials are installed when the Agreement requires Fortilinc to install. Any changes to the work or work schedule must be reduced to writing and signed by Fortiline. Discounts and/or rebates shall not be required. 3. Fortiline shall not be required to furnish Contractor with any bonds. Contractor shall not seek or allow any damages against Fortiline, including without limitation, liquidated, incidental, consequential and/or punitive damages or seek to hold Fortiline jointly and severally liable with any other parties. Contractor agrees that any damages sought by Contractor shall not exceed the contract price. 4. Fortiline shall provide lien releases conditioned on payment. Contractor shall not issue joint checks for any payment under the Agreement or pay Fortiline's subcontractors or material suppliers directly. 5. Subcontractor agrees to provide commercially reasonable insurance at reasonable levels of coverage. Any additional insured coverage required under the Agreement shall end when Fortiline's ongoing operations for Contractor on each applicable project are concluded. Fortiline may self -insure or maintain deductibles in a commercially reasonable manner. 6. Fortilinc shall indemnify, defend and hold harmless Contractor from claims to the extent of liability resulting from Fortiline's negligence or willful misconduct. This indemnification obligation shall last for one year following the completion of Fortiline's portion of the work and/or supply of materials. Except as set forth herein, Fortiline shall have no obligation to indemnify, hold harmless or defend Contractor or any other person. 7. Fortiline warrants the materials and/or services provided under the Agreement will be of industry standard quality, free from defects and completed in a workmanlike manner in conformance with customary industry standards for a period of one year from completion of Fortiline's work and/or supply of materials. FORTILINE HEREBY DISCLAIMS ANY OTHER REPRESENTATION OR WARRANTY WHETHER WRITTEN, EXPRESS, ORAL OR IMPLIED AS TO ANY MATERIALS OR SERVICES PROVIDED UNDER THE AGREEEMENT (INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY REGARDING FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OF ANY OF THE MATERIALS OR SERVICES). Fortiline will make commercially reasonable efforts to assign third party warranties to the extent possible. Fortiline foslt dart f3y: BlueInk Bundle ID: gnug23aeoR The City of Boynton Beach PROCUREMENT SERVICES P.O. BOX 310 BOYNTONBEACH, PLORIDA 33425-0310 TELEPHONENO: (561) 742-6310 FAX.• (561) 742-6316 September 9, 2022 Fortiline, Inc. Jordan.mecallgfortiline. com RE: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" BID #: WH22-047 Contract Period: October 17, 2022 thru October 16, 2023 Dear: Jordan McCall, At the Commission meeting on September 8, 2022, the BID for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" was awarded and your company was one of two selected. A Blanket Purchase Order will be issued to your company on an "As Needed Basis". We would like to thank you for responding to this Bid. If you have any questions regarding this Bid, please contact Michael Dauta, Manager of Materials and Distribution, at dautam(gbbfl.us Sincerel�y, ] Mara Frederiksen Director of Financial Services Enclosure: Tabulation Sheet AMERICA'S GATEWA Y TO THE G ULFSTREAM WH22-047 - Annual Supply of Brass Fittings and Accessories Opening Date: July 6, 2022 1:00 PM Closing Date: August 2, 2022 2:30 PM Vendor Details Company Name: Fortiline, Inc. d/b/a Fortiline Waterworks Does your company conduct business under any other name? If North Carolina yes, please state: 7025 Northwinds Drive, NW Address: Concord, North Carolina 28027 Contact: Jordan McCall Email: jordan.mccall@fortiline.com Phone: 407-287-7777 Fax: 704-788-9800 HST#: 57-0819190 Submission Details Created On: Monday July 18, 2022 16:33:54 Submitted On: Monday August 01, 2022 19:26:38 Submitted By: Jordan McCall Email: jordan.mccall@fortiline.com Transaction #: d3a09dac-07bf-4261-acba-254fd929f78d Submitter's IP Address: 35.141.4.156 Bid Number: WH22-047 Vendor Name: Fortiline, Inc. d/b/a Fortiline Waterworks Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Attachment B - Item 1 Item 1 is to determine the percentage discount or cost plus percentage offered on all materials from the manufacturers listed below that is offered by your company. You can either offer percentage discount off or cost plus percentage, both is not required. Please state what the discount or cost plus is based on. If you do not offer any of the brands, please place a "OV in the box. Manufacturer Discount Percentage Off * Cost Plus % Ford 0% Mueller Service Brass: 45% Hymax: 42% AY McDonald Service Brass: 51% Domestic threaded brass fittings: 82% Domestic nipples: 92% Merit Brass DOMESTIC LEAD FREE BRASS: 77% Lee Brass 0% Attachment B - Item 2 Items 2 will be used for evaluation purposes only and are not sole items to be ordered. The bidder shall complete all spaces to include the current price list for the item, the percentage discount or the cost plus percentage offered from ITEM 1, and the final item price after the discount is applied. You can either offer percentage discount off or cost plus percentage, both is not required. Equivalents are accepted for part numbers listed. Line Item Description Part Number Current Price * Discount % from Item * Cost plus percentage from Item * Final Item Price 1 3/4" x 4" Brass Nipple $128.5500 92% $10.2400 2 1" Ball Valve Comp x Yoke B94-344W $172.0400 51% $84.2900 3 1" CC Ball Corp FB-1000-4 $140.9100 51% $69.0400 4 1" x 3/4" Brass Bushing $69.2400 82% $12.4600 5 3/4" Tail Pieces C91-23 $18.2800 51% $8.9500 Attachment B - Item 3 Additional discount percentage off or cost plus percentage for all brands, manufacturers offered by your company. This discount will be used to purchase any product offered by your company that is not Ford, Mueller, AY MCDonald, Merit or Lee. Instructions Discount Percentage Off * Cost Plus Percentage * Additional discount percentage off or cost plus percentage for all brands, ARI 17.000% *Any item not on the list - manufacturers offered by your company. This discount will be used to purchase any Endot HDPE 35.000%(Escalation 20% plus cost plus freight* product offered by your company that is not Ford, Mueller, AY MCDonald, Merit or clause up to 10%) Lee. DFW GRADE C BOXES AND LIDS 26% Trumbull industries 38% NDS METER BOXES AND LIDS 60.000% NDS CHECK VALVES 40.000% NDS TRUE UNION BALL VALVES 40.000% NDS COMPRESSION FITTINGS 45.000% NDS GATE VALVES 40.000% Raven meter boxes Sigma and iron and polymer lids 35% CDR meter boxes and lids tier 8 - 45% Bid Number: WH22-047 Vendor Name: Fortiline, Inc. d/b/a Fortiline Waterworks Specifications I— We will not be submitting for Specifications Number New Column 1 All Bid prices are F.O.B. Boynton Beach, Warehouse, 222 N.E. 9TH Avenue, Boynton Beach, Florida. 2 Bidder should state the model numbers of all items and accessories specified in this proposal. 3 Bidder must be able to guarantee all deliveries, through out the duration of the Bid. All orders must be delivered within 15 days from date of the purchase order. Back orders exceeding the 15 day period are subject to cancellation. Exceptions will be made depending on market conditions. 4 Any quantities indicated in the proposal represent approximate needs for the one (1) year period. There is no guarantee made or implied that the City will fulfill such purchases. 5 Award is anticipated to be on a primary, secondary, third and possibly fourth basis. 6 Bidder agrees that all brass proposed in this bid are lead-free and domestic. 7 The percent discount or cost plus percentage discount applies to the Commodity Bid — Brass Fittings and Accessories. In this instance, Brass Fittings and Accessories encompass any and all similar and like items as individually listed. 8 The City reserves the right to purchase on the open market should lower market prices prevail at which time the successful bidder shall have the option of meeting the lower price or relieving the City of any obligation previously understood 9 Bidder agrees that all items proposed in this bid are domestically made. 10 All brass fittings and accessories listed in the proposal form must be of domestic manufacturer and meet all criteria set forth by the A.W.W.A., A.S.T.M. and the trade industry. References Line Item Company Name Email' 1 Village of Wellington Alan Friedman afriedman@wellingtonfl.gov 2 City of Melbourne Nic Coster Nicholas.coster@mlbfl.org 3 City of Margate Mike Bush mbush@margatefl.org Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. • Bidder Qualification Statement - 22-047 EXECUTED - BIDDER QUALIFICATION STATEMENT.pdf - Monday August 01, 2022 17:36:19 • Anti -Kickback Affidavit - 22-047 EXECUTED - ANTIKICKBACK AFFIDAVIT.pdf - Monday August 01, 2022 17:36:27 • Non -collusion Affidavit of Bidder - 22-047 EXECUTED - NON COLLUSION AFFIDAVIT.pdf - Monday August 01, 2022 17:36:41 • Certification Pursuant to Florida Statute § 287.135 - 22-047 EXECUTED - CERTIFICATION PURSUANT TO FLORIDA.pdf - Monday August 01, 2022 17:36:58 • Confirmation of Drug -Free Workplace - 22-047 EXECUTED - DRUG FREE WORKPLACE.pdf - Monday August 01, 2022 17:37:10 • Confirmation of Minority Owned Business - 22-047 EXECUTED - CONFIRMATION OF MINORITY OWNED BUSINESS.pdf - Monday August 01, 2022 17:37:32 • E-Veri - 22-047 EXECUTED - E-VERIFY FORM. pdf -Monday August 01, 2022 17:37:58 • Bidder Acknowledgement - 22-047 EXECUTED - BIDDER ACKNOWLEDGMENT & COI.pdf - Monday August 01, 2022 17:40:41 • Local Business - 22-047 EXECUTED - LOCAL BUSINESS CERTIFICATION.pdf - Monday August 01, 2022 17:38:22 • Plam Beach County Inspector General - 22-047 EXECUTED - PALM BEACH COUNTY INSPECTOR GENERAL.pdf - Monday August 01, 2022 17:38:29 Bid Number: WH22-047 Vendor Name: Fortiline, Inc. d/b/a Fortiline Waterworks Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. IIWE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug -free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Jordan McCall, Regional Bid Coordinator, Fortiline, Inc. d/b/a Fortiline Waterworks The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: WH22-047 Vendor Name: Fortiline, Inc. d/b/a Fortiline Waterworks I have reviewed the File Name below addendum and pages attachments (if applicable) There have not been any addenda issued for this bid. Bid Number: WH22-047 Vendor Name: Fortiline, Inc. d/b/a Fortiline Waterworks