Signed Contract_Ferguson Waterworks for the Water Meter R900 MigrationCity of Dubuque
City Council Meeting
Consent Items # 14.
Copyrighted
November 15, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Drew Cook & Sons Excavating Co. Inc. for the John F. Kennedy Water
Main Extension - Forest Glen Ct. to Daisy Trail Project; Ferguson
Waterworks for the Water Meter R900 Migration; McDermott Excavating
Company for the South Gate Drive to Simpson Street Water Main
Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
John F. Kennedy Water Main Extension Supporting Documentation
Ferguson MOU Supporting Documentation
South Gate Drive to Simpson Street Water Main Supporting Documentation
Project
THE CITY OF
U _� E City Dubuque
U Water
Dept.
1902 Hawthorne Street
Masterpiece on the Mississippi Dubuque, IA 52001
(563)589-4291
CITY OF DUBUQUE5 IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the
City
of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager
by its City Council and Ferguson Enterprises, LLC dba Ferguson Waterworks (Vendor).
VENDOR: Ferguson Waterworks
2134 NW 108th Street
Clive, IA 50325
PROJECT TITLE: WATER METER R900 MIGRATION
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perfiorm all labor necessary for the
Project.
CALENDAR YEAR 2021
a. Arrange for Neptune Technology Group to supply City of Dubuque with 15ea
gateways, antennas, and UPS units at no charge.
b. To install said 15ea gateways, antennas and UPS units at no charge.
c. The Parties understand that some gateway locations will need site
improvements. It is not known what these improvements will be, if any. Vendor
and City are committed to managing each improvement expense amicably and
professionally as they arise. Example: New conduit is needed to install the
gateway, but conduit is needed to improve other equipment on site that benefits
the city. In this case the city would pay the cost of the improvements to benefit
the long-term goal of the site's needs.
d. Provide 5,000 Neptune R900 MIU (radio), ordered in August 2021 and shipped
in September 2021.
e. The contract price for these first 5,000ea MIU's is $45.00 for year 9 only to
catch prior materials that have slipped into proration. City will deploy the MIU's
as needed and does not need to replace based on age of existing MIU.
f. Provide E-Coder registers at $55 each, as needed by City.
g. Provide Brass Meter Bodies only at $65 each, as needed by City.
h. Provide 5/8 x 1/2 Brass T10 meter complete with E-Coder register at $90 each,
as needed by City.
i. Vendor takes no responsibility for the scrapping and recycling of existing
meters/radios; said responsibility remains with City.
j. Vendor is open to contracting work of installing meters, radios, or both.
CALENDAR YEAR 2022
a. Provide 5,000 Neptune R900 MIU (radio), to be ordered in January 2022 and
shipped no later than February 2022.
b. The contract price for 5,000ea MIU's is $62,50, This was offered to match the
proration price from the prior agreement.
c. Provide E-Coder registers at $55 each, as needed by City.
d. Provide Brass Meter Bodies only at $67.50 each, as needed by City.
e. Provide 5/8 x 1/2 Brass T10 meter complete with E-Coder register at $92.50
each, as needed by City.
f. Vendor takes no responsibility for the scrapping and recycling of existing
meters/radios; said responsibility remains with City.
g. Vendor is open to contracting work of installing meters, radios, or both.
CALENDAR YEAR 2023
a. Provide 5,000 Neptune R900 MIU (radio), to be ordered in January 2023 and
shipped no later than February 2023.
b. The contract price for 5,000ea MIU's is $62.50, This was offered to match the
proration price from the prior agreement.
c. Provide E-Coder registers at $55 each, as needed by City.
d. Provide Brass Meter Bodies only at $65.50 each, as needed by City.
e. Provide 5/8 x 1/2 Brass T10 meter complete with E-Coder register at $95.50
each, as needed by City.
f. Vendor takes no responsibility for the scrapping and recycling of existing
meters/radios; said responsibility remains with City.
g. Vendor is open to contracting work of installing meters, radios, or both.
CALENDAR YEAR 2024
a. Provide 5,000 Neptune R900 MIU (radio), to be ordered in January 2024 and
shipped no later than February 2024.
b. The contract price for 5,000ea MIU's is $62.50. This was offered to match the
proration price from the prior agreement.
c. Provide E-Coder registers at $55 each, as needed by City.
d. Provide Brass Meter Bodies only at $68.50 each, as needed by City.
e. Provide 5/8 x 1/2 Brass T10 meter complete with E-Coder register at $98.50
each, as needed by City.
f. Vendor takes no responsibility for the scrapping and recycling of existing
meters/radios; said responsibility remains with City.
g. Vendor is open to contracting work of installing meters, radios, or both.
CALENDAR YEAR 2025 (FINAL YEAR)
a. Provide 5,000 Neptune R900 MIU (radio), to be ordered in January 2025 and
b. shipped no later than February 2025.
c. The contract price for 5,000ea MIU's is $62,50, This was offered to match the
proration price in the prior agreement.
d. Provide E-Coder registers at $55 each, as needed by City.
e. Provide Brass Meter Bodies only at $71.50 each, as needed by City.
f. Provide 5/8 x 1/2 Brass T10 meter complete with E-Coder register at $101050
each, as needed by City.
g. Vendor takes no responsibility for the scrapping and recycling of existing
meters/radios; said responsibility remains with City.
h. Vendor is open to contracting work of installing meters, radios, or both.
i. Total quantity of MIU's ordered is subject to change"
2. The work described in Section 1 above shall be completed at the following
location(s): City of Dubuque, Iowa as directed by the City.
3, The Project shall be completed in strict accordance with the terms as described in
this Contract; in strict accordance with the requirements of the laws of the State of
Iowa and ordinances of the City of Dubuque, which provisions and documents are
each and all hereby referred to and made a part of this Contract just as much as if
the detailed statements thereof were repeated herein.
4. Contract Documents shall mean and include the following: This Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with
this Project; the Vendor's Proposal; and any, Plans and Specifications and General
Requirements as adopted by the City Council for the Project which are listed in the
Special Conditions section of this Contract.
5. All materials used by the Vendor on this Project shall be of the quality required by the
Contract Documents and shall be put in place in accordance with the Contract
Documents.
6, The Vendor shall remove any materials rejected by the City Manager as defective
or improper, or any of said work condemned as unsuitable or defective, and the
same shall be replaced or done anew to the satisfaction of the City Manager at the
cost and expense of the Vendor.
The Vendor has read and understands the Contract Documents and has examined
and understands the project description described in Section 1 of this Agreement
and any attached Special Conditions herein referred to and agrees not to plead
misunderstanding or deception because of estimates of quantity, character, location
or other conditions surrounding the same.
8. The Vendor shall fully complete the Project under this Contract on or before
December 31, 2025,
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted
by law, Vendor shall defend, indemnify and hold harmless City, its officers and
employees, from and against all claims, damages, losses and expenses claimed by
third parties, but not including any claims, damages, losses or expenses of the
parties to this Contract, including but not limited to attorneys' fees, arising out of or
resulting from performance of this Contract, provided that such claim, damages, loss
or expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property, including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or omissions of Vendor, or
anyone directly or indirectly employed by Vendor or anyone for whose acts Vendor
may be liable.
10. Unless otherwise specified in the Contract Documents, prior to the commencement
of any work on this Project and at all times during the performance of this Contract,
the Vendor shall provide evidence of insurance which meets the requirements of the
City's Insurance Schedule attached to this Contract and listed in the Special
Conditions section.
11.The Vendor agrees that no work under this Contract shall commence on the Project
until the City has issued a written "Notice to Proceed" to the Vendor. Any work
started by the Vendor prior the issuance of the Notice to Proceed shall be
considered unauthorized and done at the sole risk to the Vendor.
12.The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d=2000d4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively insure that in any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of
race, color, national origin, sex, age, or disability in consideration for an award.
THE CITY AGREES:
Upon the completion of the annual commitment contained in the Contract, and the
acceptance of the annual components of the Project by the City Manager, the City agrees
to pay the Contractor as full compensation for the performance of the annually agreed
purchases and services provided based on the Contract. The number of units stated in
the contract, special conditions and contractors' proposal is approximate only and the
final payment shall be made by the work covered by the Contract.
CONTRACT AMOUNT $
CITY OF DUBUQUE, IOWA
By. Michael C. Van Milligen
City Manager
October 26, 2021
Date
VENDOR AC
siness Development Manager
VEND
usiness Development Manager
/0 'y- ?OF-/
Date
TTACHED SPECIAL CONDITIONS
Special Conditions
SECTION 1. PURCHASE. The equipment/merchandise shall be purchased as outlined
in this Contract from VENDOR and the August 25, 2021, letter from VENDOR which is
attached and incorporated by reference.
SECTION 2. TAXES. Municipalities are exempt from federal excise and transportation
taxes.
SECTION 3. PAYMENT. All invoices must be mailed to City of Dubuque, Water
Department, 1902 Hawthorne Street, Dubuque, IA 52001. Payment terms are Net 30
days from receipt of VENDOR'S invoice and no retainage shall be held.
SECTION 4. DELIVERY AND PERFORMANCE. The equipment/merchandise will be
delivered as outlined in this Contract. Time is of the essence in the performance of this
Contract. If delivery cannot be made at the specified time, VENDOR shall promptly notify
the CITY of the earliest possible date for delivery. Notwithstanding such notice, if
VENDOR fails to deliver within the time specified or to the CITY'S satisfaction the CITY
may terminate this Contract or any part thereof without liability.
SECTION 5. SHIPMENT AND INSPECTION. VENDOR assumes full responsibility for all
transportation, transportation scheduling, packing, handling, insurance, and other
services associated with delivery of the equipment/merchandise.
SECTION 6. WARRANTIES. Expressly subject to the provisions of the manufacturer's
warranty, VENDOR warrants that the equipment/merchandise delivered hereunder will
be new, suitable for use as described, of the grade and quality specified, free from all
defects in design, material and workmanship; in conformity with all samples, drawings,
descriptions and specifications furnished; in compliance with all applicable federal, state
and local laws and regulations, and free of any liens and encumbrances. With regard to
repairs, VENDOR warrants that in the event the equipment/merchandise needs repairs,
that it will coordinate with the manufacturer to repair and return to CITY within two weeks
of the CITY'S delivery to VENDOR'S repair contractor. The full manufacturer's warranty
and service obligations, if any, shall be for the benefit of the CITY, and VENDOR shall
promptly coordinate manufacturer warranty service upon request. With respect to the
underlying products, the CITY'S sole and exclusive warranty is that provided by the
product's manufacturer, and VENDOR hereby disclaims all express or implied warranties,
whether implied by operation of law or otherwise, including, without limitation, all implied
warranties of merchantability and fitness or fitness for a particular purpose.
SECTION 7. INDEMNITY. VENDOR agrees to hold harmless and indemnify CITY, its
elected and appointed officials, employees, and agents from and against any and all third -
party claims, loss, liability, damage, and expense to the extent caused in whole or in part
by the VENDOR'S negligence or intentional misconduct. VENDOR agrees to defend
CITY, its elected and appointed officials, employees, and agents against any such claims.
SECTION 8. TERMINATION. This Contract may be terminated by mutual consent of both
parties or by either Party at its discretion. The CITY may cancel an order for
equipment/merchandise at any time with written notice to VENDOR, stating the extent and
effective date of termination. Upon receipt of this written notice, VENDOR shall stop
performance under this Contract as directed by the CITY. Notwithstanding the foregoing
to the contrary, the CITY may not cancel, change, or modify any special order or nonstock
product without the written consent of the VENDOR and payment by the CITY of all
applicable cancellation and/or restocking fees.
SECTION 9. REMEDIES. In the event of VENDOR'S breach of this Contract, City may
take any or all of the following actions, without prejudice to any other rights or remedies
available to the City by law: (a) require Vendor to repair or replace the
equipment/merchandise, and upon VENDOR'S failure or refusal to do so, repair or
replace the same at VENDOR'S expense; (b) reject the equipment/merchandise, said
return to be made at VENDOR'S cost and risk; (c) and treat such breach by VENDOR as
VENDOR'S repudiation of this contract. In the event of the CITY's breach hereunder,
VENDOR'S exclusive remedy shall be VENDOR'S recovery of the goods or the purchase
price payable for goods shipped prior to such breach.
SECTION 10. COMPLIANCE WITH LAW. VENDOR warrants that it will comply with all
federal, state, and local laws, ordinances, rules and regulations applicable to its
performance under this Contract. VENDOR shall obtain and maintain throughout the life
of the Contract all permits or licenses required in connection with the manufacture, sale,
and shipment of the equipment/merchandise.
SECTION 11. ASSIGNMENT. VENDOR shall not delegate or subcontract any duties and
services or assign any rights or claims under this Contract without the CITY'S prior written
consent.
SECTION 12. GOVERNING LAW. This Purchase Contract shall be deemed to be made
in the State of Iowa and shall in all respects be construed and governed by the laws of
that state.
SECTION 13. VENUE. In the event of litigation, venue will be in the Iowa District Court
for Dubuque County.
SECTION 14. WAIVER. The waiver of any term, condition or provision hereof shall not
be construed to be a waiver of any other such term, condition or provision, nor shall such
waiver be deemed a waiver of a subsequent breach of the same term, condition or
provision.
SECTION 15. MEDIATION.
15.1 Should any dispute arise out of this Contract, any party may request that it be
submitted to mediation. The parties shall meet in mediation within 30 days of a request.
The mediator shall be agreed to by the mediating parties; in the absence of an agreement,
the parties shall each submit one name from mediators listed by either the American
Arbitration Association, the Iowa State Board of Mediation and Conciliation, or other
agreed -upon service. The mediator shall be selected by a "blindfolded" process.
15.2 The cost of mediation shall be borne equally by the parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement.
The mediation process, once commenced by a meeting with the mediator, shall last until
agreement is reached by the parties but not more than 60 days, unless the maximum time
is extended by the parties.
SECTION 16. INSURANCE, VENDOR shall at all times during the performance of this
Contract provide insurance as described in the attached Exhibit A, Insurance Schedule.
SECTION 17. NOTICES. All notices hereunder shall be given in writing and mailed,
postage prepaid, addressed as follows:
To CITY: City of Dubuque, Iowa
Attn.: Christopher Lester, Water Department Manager
1902 Hawthorne Street
Dubuque, IA 52001
To VENDOR: Ferguson Waterworks
Attn: Bradley Klein, Business Development Manager
2134 NW 1081h Street
Clive, IA 50325
SECTION 18. CONTRACT CONTAINS ALL UNDERSTANDINGS, AMENDMENT.
18.1 This document represents the entire and integrated agreement between CITY and
VENDOR and supersedes all prior negotiations, representations, and agreements, either
written or oral.
18.2 This document may be amended only by written instrument, signed by both CITY
and VENDOR.
18.3 In no event will either Party be liable for any liquidated or consequential damages.
M
Exhibit A
Insurance Schedule
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in
Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form
approved by the Iowa Insurance Division or an equivalent. Each certificate shall Include a statement under
Description of Operations as to why
the certificate was issued. Vendor Service Agreement dated
All policies of insurance required hereunder shall be with an Insurer authorized to do business in Iowa and all insurers
shall have a rating of A or better in the current A.M. Best's Rating Guide.
Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such
requirements by the City of Dubuque.
Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
All required endorsements shall be attached to certificate.
Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is
approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and
exclusions from the ISO form.
Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of
work Insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance
from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such
certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other
costs associated with the insurance policies required below.
11. All certificates of insurance must Include agents name, phone number, and email address.
12.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or
other special circumstances during the term of the agreement, subject to mutual agreement of the parties.
Page 1 of
10
Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage
shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations
from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00
02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members, employees
and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Page 2 of 4
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa
Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits
shall be greater if required by the umbrella/excess insurer. OR
If, by Iowa Code Section 85.1A. the Vendor is not required to purchase Workers' Compensation
Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance
Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
11
Schedule G Vendors April 2021
c)
D)
E)
F)
Page 3 of 4
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
IS614411 191,411r_1a111110
Coverage required: Yes X No
Pollution liability coverage shall be required If the lessee, contracting party, or permittee has any pollution
exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum
products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage
shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, Including all Its elected and appointed officials, all Its employees and
volunteers, all Its boards, commissions and/or authorities and their board members, employees and
volunteers. Use ISO form CG 20 10. (Ongoing operations) or Its equivalent and CG 20 37(competed
operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
PROFESSIONAL LIABILITY $1,000,000
Coverage required: Yes X No
If the required policy provides claims -made coverage
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained, and evidence of Insurance must be provided for at least five (5) years
after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a
Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting'
coverage for a minimum of five (5) years after completion of the work or services.
CYBER LIABILITYIBREACH $1,000,000
Coverage required: Yes X No
Coverage for First- and Third -Party liability including but not limited to lost data and restoration, loss of
income and cyber breach of information.
UMBRELLAIEXCESS $1,000,000
Coverage required: X Yes No
The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess
Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as
required of the primary policies Including Waiver of Subrogation and Primary and Non-contributory in favor of
the City.
12
Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you
would like to preserve those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and
the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of
governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity
unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by
the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter
the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule G Vendors April 2021
13
SECRETARIAL CERTIFICATE
OF
AUTHORIZATION
The undersigned Assistant Secretary of Ferguson Enterprises, LLC, a Virginia limited
liability company (the "Company"), hereby certifies that: i) certain of the Company's facilities in
Iowa are doing business as Ferguson Waterworks, and ii) Bradley Klein is Business Development
Manager in Iowa, and iii) that the resolutions adopted by the Company's Board of Directors
effective July 31, 2021, duly authorize certain of the Company's officers, including the Assistant
Secretary, to designate; and I hereby do so designateBradley Klein as an authorized representative
of the Company to act for and on behalf of the Company to prepare and submit bids and proposals
to the Company's customers, to enter into contracts, agreements or other documents, and to
execute such documents and undertake all such acts as.may be deemed in the -best interest of the
Company, including the execution of bonds and in doing so; to contractually bind the Company.
Unless withdrawn sooner, this certification of authorization shall be effective until Judy 31, 2022.
Dated: 0(-7 2a 2;F�yQ�� E !TE �'p�/ � FERGUSON ENTERPRISES, LLC
m;
By,
n = Wesley E. Rice, Assistant Secretary
Commonwealth ofVirgrfrra,,�
City of Newport News
Sworn to subscribed and' acknowledged before me this �T day of September, 2021, by
Wesley E. Rice, personally known to me, in his capacity as Assistant Secretary of Ferguson
Enterprises, LLC, a Virginia Company,; on behalf of suc Company,
Notary — C se Me 1
O
My commission expires: July 31, Z022
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