Loading...
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 Cc`If. i'SION C� t1Uf ,iF id `Y c>, 7g10825 s4 tfALl'r',( ''!lf lRl11111 j1y1